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809, Relocate existing pool equipme, Staff Reportsai Rd/419 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4C Mtg. Date: 01-09-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER 4 SUBJECT: RESOLUTION NO. 2011-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY, OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL, UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). RECOMMENDATION 1. It is, recommended that the City Council receive and file this report or provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION 2. The applicants request a Variance to construct a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall behind the kitchen all in the side yard setback, encroach 10 feet with a patio into the side yard setback and construct an 80 square foot pool equipment area in the front yard setback and a Variance to exceed the currently disturbed net lot area by 0.1 %. ZC NO. 809 1 , • • 3. The Planning Commission adopted the attached Resolution No. 2011-14 by a 5-0 vote, granting the request. The Planning Commission, after consideration and discussion, concluded that due to the location of the residence -towards the rear of the property, and the location of the swimming pool and spa - in the front yard area of the property, the request for the proposed location for the additional amenities for outdoor living and entertainment is reasonable. The resolution contains standard findings of facts and conditions, including a requirement that the pool equipment area be screened and material used within the enclosure to muffle the sounds of the equipment. A landscaping plan has been submitted. BACKGROUND 4. The property is zoned RAS-1, located towards the end of a cul-de-sac on Outrider Road and is bound by Eastfield Drive in the rear and Outrider Road in the front. The property slopes upwards towards Eastfield Drive. The net lot area for development purposes is 39,920 square feet. The property is developed with a 3,621 square foot residence, 639 square foot garage, 688 square foot swimming pool with spa, pool equipment area and a service yard. 5. Records show that the residence was constructed in 1957 and the swimming pool in 1958. In 1998 a 981 square foot addition to the house was constructed. The swimming pool and spa were constructed, with building permits, in the front yard area of the lot, partially in the side setback, and are legal non -conforming. A pool equipment area is currently located close to the residence, in the side yard setback. The proposal calls for relocating the pool equipment towards the front of the pool, in the front yard setback of the lot. The area will be tucked into the slope, where only 2' wall above ground would be visible. 6. Recently, over-the-counter approval was granted to reconstruct the pool and spa, within the existing footprint and configuration, to resurface the driveway, to continue a maximum 3' high wall along the driveway, and to enlarge the side patio. Pursuant to Section 17.24.020 of . the Zoning Ordinance legally constructed non -conforming structures may be maintained and repaired. In addition, pursuant to Section 17.16.140, an uncovered patio may project into the side yard setback up to 6 feet. Such patio shall not extend above the floor level of the building or the surface of the ground. Not to exceed 3' walls are allowed along a driveway. 7. The over-the-counter approved improvements are currently being constructed. MUNICIPAL CODE COMPLIANCE 8. The proposed accessory structures require a Variance due to their encroachment into the side and front setbacks, and height of wall. A 5' high by 18' long wall is proposed behind the outdoor kitchen and encroaches ten feet into the required 20-foot side yard setback. ZC NO. 809 h • • 9. Other than a cut into the slope for the pool equipment pad, no grading is required for this project. The work for the pool equipment area would cause the increase in the disturbed area by 0.1%. The total earthwork involved is approximately 2.5 cubic yards. A set aside area for a future stable and corral is proposed in the rear of the residence. This area was previously graded. The current owners are not planning to construct a stable. 10. The lot is 58,461 square feet gross (including both roadway easement) and 39,920 square feet net for development purposes. The structural coverage of the net lot is proposed to be 5,098 square feet or 12.8-%, and the total coverage (structures and flatwork) is proposed at 13,198 square feet or 33.1%. The 190 square foot outdoor kitchen and 144 square foot fire pit are not counted towards the structural coverage, (up to 800 sq.ft. detached ancillary structures are exempt from calculations). 11. The disturbed area of the lot is 21,550 square feet or 54%, and is legal non- conforming. With the additional grading required for the proposed relocated pool equipment area (80 sq.ft.) the disturbance would be 21,630 square feet or 54.1 %. 12. In response for justification for the Variance for encroachment the applicants' representative states "there is no other feasible location for a built in BBQ on the property. The addition of the BBQ will greatly enhance property value and functionality of outdoor entertaining. The BBQ area will not impact anyone. Further, she states that the current installation of the pool equipment is in the setback and too close to the master bedroom, creating noise. The proposed pool equipment pad will be completely screened by landscaping." 13. The existing residential building pad is 19,500 square feet and will have coverage of 26.1 %. The fire pit and outdoor kitchen are not counted towards pad coverage. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 15. The additional structures are not counted towards coverage. The lot is mostly developed and the additions are miscellaneous in nature, however, they add to the massing of the structures on the lot and are to be located in an area not permissible for such structures. 16. When reviewing the application the Planning Commission consideres 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; and otherwise preserves and protects the ZC NO. 809 • health, safety and welfare of the citizens of Rolling I-Iills, and whether it meets the criteria for granting of a Variance. 17. The project provides for construction of a future stable, corral and access. 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 809 0 RESOLUTION NO. 2011-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL, UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM . THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. George Moussalli with respect to real property located at 11 Outrider Road, Rolling Hills (Lot 93-A-EF) requesting a Variance to construct a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall behind the kitchen, encroach 10 feet with a patio into the side yard setback and construct an 80 square foot pool equipment area in the side and front yard setbacks and a Variance to exceed the currently disturbed lot area by 0.1%. Section 2. Records show that the residence was constructed in 1957 and the swimming pool in 1958. In 1998 a 981 square foot addition to the house was constructed. The swimming pool and spa were constructed, with building permits, in the front yard area of the lot, partially in the side setback, and are legal non -conforming. A pool equipment area is currently located close to the residence, in the side yard setback. The proposal calls for relocating the pool equipment towards the front of the pool, in the front yard area of the lot. The pool equipment will be tucked into the slope. An over-the-counter approval was granted to reconstruct the pool and . spa, within the existing footprint and configuration, to resurface the driveway, to continue a maximum 3' high wall along the driveway, to construct a firepit and to enlarge the side patio. Pursuant to Section 17.24.020 of the Zoning Ordinance legally constructed non- conforming structures may be maintained and repaired. In addition, pursuant to Section 17.16.140, an uncovered patio may project into the side yard setback up to 6 feet. Such patio shall not extend above the floor level of the building or the surface of the ground. Not to exceed 3' walls are allowed along a driveway. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on November • • 15, 2011. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning Commission were properly noticed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. 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. Sections 17.16.120 and 17.16.130 require a side yard of 20-feet from the side property line in the RAS-1 zone and front yard of fifty feet (50') from the roadway easement line. The applicants request a Variance to encroach into the east side yard and front yard setbacks to permit the construction of outdoor amenities. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the existing pool and spa and the pool equipment area were previously constructed in the front of the residence and partially in setback. In respect to the pool equipment, the equipment existed in a different location and it is being relocated. The outdoor kitchen is an integral part of outdoor living in the City and there is no other area, without further grading or Variance for locating it in the front yard, to place such an outdoor amenity. 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 along the side yard and to refresh the appearance of the pool landscaping along with poviding additional enjoyment and use of the pool. 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. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The structures will give the proeprty a uniquly refreshing look and feel. A substantial portion of the lot will remain undeveloped. In 2 CO addition, the proposed structures, as conditioned, will be screened with vegetation so as not to be visible from surrounding properties. 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. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a Variance because total disturbance of the net lot area is proposed to be 54.1%. 54% of the net lot area is currently disturbed, and is legal non -conforming. 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 in the same zone. The property is unique in that both the front and rear abut a street, creating a much smaller area for determining the amount of soil that can be disturbed than other properties that abut only one street. The City's requirements for net lot area measurements disproportionately burden this property because two roadway easements, one of which wraps around, plus ten feet around the entire property are deducted from the gross lot area to come up with the net lot area for development purposes. The lot currently exceeds the maximum permitted disturbance (54%), and the overage is insignificant. The overage is required for placement of the pool equipment area, in a place that would not be visible and be of sufficient distance from the residence and neighbors. 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 overage is not significant and the property owner should not be denied the privilege of relocating the pool equipment area away from their residence. The construction of the pool equipment area causes the need for additional grading, which in turn exceeds the disturbed area of the lot previously approved. 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 graded condition is on a portion of the lot which is not intrusive to surrounding properties, and will be screened and landscaped with trees and shrubs from nearby residences and from the street so that the graded condition 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. 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. The variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. E. 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 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 809 to permit a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall, encroach 10 feet with a patio into the side yard setback and construct an 80 square foot pool equipment area in the side and front yard setbacks and to exceed the currently disturbed lot area by 0.1 %, subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be at all times available at the construction site. B. The Variances approval shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. C. It is declared and made.a condition of the Variances approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with .unless otherwise set forth in the Permit, 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 December 13, 2011, except as otherwise provided in these conditions. F. There shall be no grading for, the project, except for the pool equipment area in the front. The disturbed area of the lot shall not exceed 21,600 square feet or 54.1%, which includes the graded pad for the future stable and corral. • • G. The structural lot coverage, including the future stable shall not exceed 5,578 square feet or 14.0% of the net lot area, (discounting the allowances). The total lot coverage shall not exceed 13,982 square feet or 35.0% of the net lot area, which is the maximum permitted. No additional hardscape shall be allowed, unless a Variance for coverage is granted. H. The coverage on the 19,500 square foot residential building pad shall not exceed 26.3 %, with the allowances. I. Two sets of landscaping plans shall be submitted to staff prior to obtaining building permits. The east side of the property in the vicinity of the outdoor kitchen, pool and pool equipment area shall be screened at all times with trees and dense brush, so as to muffle the sounds of the pool recreation area. All landscaped areas shall utilize to the greatest extent feasible mature native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. 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 screening and as not to impair views of neighboring properties but to screen the project site. J. The pool equipment area shall be screened at all times with plants. A sound attenuating material shall be installed within the pool equipment area to dampen the sound emanating from the equipment. K. During construction, conformance with the air quality management district requirements, storm water 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. L. During and after construction, all soil preparation, drainage, _ and landscape sprinklers shall protect the building pad from erosion and direct surface water to the front of the lot or as approved by the drainage Engineer. M. The property owners shall be required to conform to the City of Rolling Hills. and RHCA Outdoor Lighting Standards, as well as all other requirements of the Municipal Code. N. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler must be licensed by the City, must have the appropriate insurance and must provide the appropriate documentation to the City. O. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter on the property or adjacent areas. • • P. No grading, construction or storage of any objects including building materials shall take place in the easement, unless approved by the RHCA. Q. 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 thedissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. 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 property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. T. The applicants shall execute an Affidavit of Acceptance Form of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. U. All conditions of this Variance approval must be complied with prior to the issuance of a final inspection by City staff and Building Department. V. This project shall be reviewed and approved by the Rolling Hills Community Association Architectural Committee. W. 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. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF HEIDI LUCE, DEPUTY CITY CLERK 6 © CEMBER 2011. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) ) §§ I certify that the foregoing Resolution No. 2011-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL, UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on December 20, 2011 by the following roll call vote: AYES: Commissioners Chelf, DeRoy, Henke, Smith and Chairman Pieper. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK • City ` Rolling Jh/i December 21, 2011 Mr. and Mrs. George Moussalli 11 Outrider Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 809 Dear Mr. and Mrs. Moussalli, • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310)377.7288 The Planning Commission adopted a resolution on December 20, 2011, granting approval of your request. The vote was 5-0. That action accompanied by the record of the proceedings before the Commission will be reported to the City Council on Monday, January 9. 2012, at their regular meeting beginning at 7:30 PM. You or your representative should be present to answer any questions the Council may have. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. Please review the conditions in the resolution. Should you have anyobjections to any of the conditions, you may appeal them to the City Council. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's Resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject Resolution in the Office of the County Recorder before the Commission's action takes effect. Instructions for recordation will be forwarded to you after the Council's proceedings. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. rely L Y.1'anta Sch P nning Director wartz cc: Nancy Swanton, Design (cover letter only) Printed on Recycled Paper RESOLUTION NO. 2011-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL, UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. George Moussalli with respect to real property located at 11 Outrider Road, Rolling Hills (Lot 93-A-EF) requesting a Variance to construct a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall behind the kitchen, encroach 10 feet with a patio into the side yard setback and construct an 80 square foot pool equipment area in the side and front yard setbacks and a Variance to exceed the currently disturbed lot area by 0.1%. Section 2. Records show that the residence was constructed in 1957 and the swimming pool in 1958. In, 1998 a 981 square foot addition to the house was constructed. The swimming pool and spa were constructed, with building permits, in the front yard area of the lot, partially in the side setback, and are legal non -conforming. A pool equipment area is currently located close to the residence, in the side yard setback. The proposal calls for relocating the pool equipment towards the front of the pool, in the front yard area of the lot. The pool equipment will be tucked into the slope. An over-the-counter approval was granted to reconstruct the pool and spa, within the existing footprint and configuration, to resurface the driveway, to continue a maximum 3' high wall along the driveway, to construct a fire pit and to enlarge the side patio. Pursuant to Section 17.24.020 of the Zoning Ordinance legally constructed non- conforming structures may be maintained and repaired. In addition, pursuant to Section 17.16.140, an uncovered patio may project into the side yard setback up to 6 feet. Such patio shall not extend above the floor level of the building or the surface of the ground. Not to exceed 3' walls are allowed along a driveway. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on November 1 • • 15, 2011. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning Commission were properly noticed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. 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. Sections 17.16.120 and 17.16.130 require a side yard of 20-feet from the side property line in the RAS-1 zone and front yard of fifty feet (50') from the roadway easement line. The applicants request a Variance to encroach into the east side yard and front yard setbacks to permit the construction of outdoor amenities. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the existing pool and spa and the pool equipment area were previously constructed in the front of the residence and partially in setback. In respect to the pool equipment, the equipment existed in a different location and it is being relocated. The outdoor kitchen is an integral part of outdoor living in the City and there is no other area, without further grading or Variance for locating it in the front yard, to place such an outdoor amenity. 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 along the side yard and to refresh the appearance of the pool landscaping along with poviding additional enjoyment and use of the pool. 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. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The structures will give the proeprty a uniquly refreshing look and feel. A substantial portion of the lot will remain undeveloped. In addition, the proposed structures, as conditioned, will be screened with vegetation so as not to be visible from surrounding properties. 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. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a Variance because total disturbance of the net lot area is proposed to be 54.1%. 54% of the net lot area is currently disturbed, and is legal non -conforming. 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 in the same zone. The property is unique in that both the front and rear abut a street, creating a much smaller area for determining the amount of soil that can be disturbed than other properties that abut only one street. The City's requirements for net lot area measurements disproportionately burden this property because two roadway easements, one of which _wraps around, plus ten feet around the entire property are deducted from the gross lot area to come up with the net lot area for development purposes. The lot currently exceeds the maximum permitted disturbance (54%), and the overage is insignificant. The overage is required for placement of the pool equipment area, in a place that would not be visible and be of sufficient distance from the residence and neighbors. 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 overage is not significant and the property owner should not be denied the privilege of relocating the pool equipment area away from their residence. The construction of the pool equipment area causes the need for additional grading,which in turn exceeds the disturbed area of the lot previously approved. 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 graded condition is on a portion of the lot which is not intrusive to surrounding properties, and will be screened and landscaped with trees and shrubs from nearby residences and from the street so that the graded condition 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. 3 4' • • D. 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. The variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. E. 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 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 809 to permit a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall, encroach 10 feet with a patio into the side yard setback and construct an 80 square foot pool equipment area in the side and front yard setbacks and to exceed the currently disturbed lot area by 0.1 %, subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be at all times available at the construction site. B. The Variances approval shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. C. It is declared and made a condition of the Variances approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, 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 December 13, 2011, except as otherwise provided in these conditions. F. There shall be no grading for the project, except for the pool equipment area in the front. The disturbed area of the lot shall not exceed 21,600 square feet or 54.1 %, which includes the graded pad for the future stable and corral. 4 • • G. The structural lot coverage, including the future stable shall not exceed 5,578 square feet or 14.0% of the net lot area, (discounting the allowances). The total lot coverage shall not exceed 13,982 square feet or 35.0% of the net lot area, which is the maximum permitted. No additional hardscape shall be allowed, unless a Variance for coverage is granted. H. The coverage on the 19,500 square foot residential building pad shall not exceed 26.3%, with the allowances. I. Two sets of landscaping plans shall be submitted to staff prior to obtaining building permits. The east side of the property in the vicinity of the outdoor kitchen, pool and pool equipment area shall be screened at all times with trees and dense brush, so as to muffle the sounds of the pool recreation area. All landscaped areas shall utilize to the greatest extent feasible mature native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. 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 screening and as not to impair views of neighboring properties but to screen the project site. J. The pool equipment area shall be screened at all times with plants. A sound attenuating material shall be installed within the pool equipment area to dampen the sound emanating from the equipment. K. During construction, conformance with the air quality management district requirements, storm water 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. L. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water to the front of the lot or as approved by the drainage Engineer. M. The property owners shall be required to conform to the City of Rolling Hills and RHCA Outdoor Lighting Standards, as well as all other requirements of the Municipal Code. N. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler must be licensed by the City, must have the appropriate insurance and must provide the appropriate documentation to the City. O. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter on the property or adjacent areas. 5 • P. No grading, construction or storage of any objects including building materials shall take place in the easement, unless approved by the RHCA. Q. 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. 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 property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. T. The applicants shall execute an Affidavit of Acceptance Form of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. U. All conditions of this Variance approval must be complied with prior to the issuance of a final inspection by City staff and Building Department. V. This project shall be reviewed and approved by the Rolling Hills Community Association Architectural Committee. W. 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. PASSED, APPROVED AND ADOPTED THIS 20th D�Y (1F T)ECEMBER 2011. ATTEST: Ntitallad HEIDI LUCE, DEPUTY CITY CLERK 6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2011-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL, UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on December 20, 2011 by the following roll call vote: AYES: Commissioners Chelf, DeRoy, Henke, Smith and Chairman Pieper. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK 7 TO: &V Roieb49 teal • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288' Agenda Item No. 5C Mtg. Date:12-20-11 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 809 (RESOLUTION NO.2011-14) 11 OUTRIDER (LOT 93-EF) RA-S-1, 1.34 ACRES GROSS MR. AND MRS. GEORGE MOUSSALLI THE DESIGN DOCTOR, NANCY SWANTON NOVEMBER 3, 2011 REOUST AND RECOMMENDATION. 1. The property owners, Mr. And Mrs. Moussalli, request a Variance to construct a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall, encroach 10 feet with a patio into the side yard setbackand construct a 80 square foot pool equipment area in the side and front yard setbacks and a Variance to exceed the currently disturbed lot area by 0.1 %. 2. At the November 15, 2011 meeting, the Planning Commission directed staff to prepare a Resolution of approval with conditions and requested that the applicant submit detailed plans for all of the proposed work on the property and the location of the adjacent residence. The applicant submitted revised plans. They propose to reduce the outdoor kitchen from 240 s.f. to 190 s.f. and to retain the previous configuration of the driveway landscaped island. The total coverage, which includes the flatwork and structures will be 35%, which is the maximum permitted (including future 450. s.f. stable). 3. The Commission also required that the pool equipment area be sunken into the slope and that material be used to dampen the noise from the pool equipment area. ZC NO. 809 4. It is recommended that the Planning Commission review and adopt the attached Resolution No. 2011-14. In addition to the standard findings of facts and conditions the following conditions are included: a. That the project be developed in substantial compliance with the revised plans b. That the pool equipment area be screened at all times and be developed with noise dampening material. c. That no additional hardscape be allowed, without applying for a Variance . ZC NO.809 RESOLUTION NO. 2011-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL .FOR, 'A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL, UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. George Moussalli with respect to real property located at 11 Outrider Road, Rolling Hills (Lot 93-A-EF) requesting a Variance to construct a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall behind the kitchen, encroach 10 feet with a patio into the side yard setback and construct an 80 square foot pool equipment area in the side and front yard setbacks and a Variance to exceed the currently disturbed lot area by 0.1%. Section 2. Records show that the residence was constructed in 1957 and the swimming pool in 1958. In 1998 a 981 square foot addition to the house was constructed. The swimming pool and spa were constructed, with building permits, in the front yard area of the lot, partially in the side setback, and are legal non -conforming. A pool equipment area is currently located close to the residence, in the side yard setback. The proposal calls for relocating the pool equipment towards the front of the pool, in the front yard area of the lot. The pool equipment will be tucked into the slope. An over-the-counter approval was granted to reconstruct the pool and spa, within the existing footprint and configuration, to resurface the driveway, to continue a maximum 3' high wall along the driveway, to construct a fire pit and to enlarge the side patio. Pursuant to Section 17.24.020 of the Zoning Ordinance legally constructed non- conforming structures may be maintained and repaired. In addition, pursuant to Section 17.16.140, an uncovered patio may project into the side yard setback up to 6 feet. Such patio shall not extend above the floor level of the building or the surface of the ground. Not to exceed 3' walls are allowed along a driveway. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on November 1rD • 15, 2011. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City. staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning: Commission were properly noticed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. 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. Sections 17.16.120 and 17.16.130 require a side yard of 20-feet from the side property line in the RAS-1 zone and front yard of fifty feet (50') from the roadway easement line. The applicants request a Variance to encroach into the east side yard and front yard setbacks to permit the construction of outdoor amenities. With respect to this request fora Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the existing pool and spa and the pool equipment area were previously constructed in the front of the residence and partially in setback. In respect to the pool equipment, the equipment existed in a different location and it is being relocated. The outdoor kitchen is an integral part of outdoor living in the City and there is no other area, without further grading or Variance for locating it in the front yard, to place such an outdoor amenity. 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 along the side yard and to refresh the appearance of the pool landscaping along with poviding additional enjoyment and use of the pool.. 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. C. The granting of the Variance would not be, materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the, property is located. The structures will give the proeprty a uniquly refreshing look and feel. A substantial portion of the lot will remain undeveloped. In addition, the proposed structures, as conditioned, will be screened with vegetation so as not to be visible from surrounding properties. 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. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40.0% of the net lot area. The applicant is requesting a Variance because total disturbance of the net lot area is proposed to be 54.1%. 54% of the net lot area is currently disturbed, and is legal non -conforming. 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 in the same zone. The property is unique in that both the front and rear abut a street, creating a much smaller area for determining the amount of soil that can be disturbed than other properties that abut only one street. The City's requirements for net lot area measurements disproportionately burden . this property because two roadway easements, one of which wraps around, plus ten feet around the entire property are deducted from the gross lot area to come up with the net lot area for development purposes. The lot currently exceeds the maximum permitted disturbance (54%), and the overage is insignificant. The overage is required for placement of the pool equipment area, in a place that would not be visible and be of sufficient distance from the residence and neighbors. 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 overage is not significant and the property owner should not be denied the privilege of relocating the pool equipment area away from their residence. The construction of the pool equipment area causes the need for additional grading, which in turn exceeds the disturbed area of the lot previously approved. 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 graded condition is on a portion of the lot which is not intrusive to surrounding properties, and .will be screened and landscaped with trees and shrubs from nearby residences and from the street so that the graded condition 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. 3 • • D. .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. The variance will allow the property owner to enjoy the same rights and privileges afforded to other property owners in the vicinity. E. 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 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 809 to permit a 190 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall, encroach 10 feet with a patio into the side yard setback and construct an 80 square foot pool equipment area in the side and front yard setbacks and to exceed the currently disturbed lot area by 0.1%, subject to the following conditions: A. The conditions of approval specified herein shall be, printed on all construction plans and shall be at all times available at the construction site. B. The Variances approval shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. C. It is declared and made a condition of the Variances approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, 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 December 13, 2011, except as otherwise provided in these conditions. F. There shall be no grading for the project, except for, the pool equipment area in the front. The disturbed area of the lot shall not exceed 21,600 square feet or 54.1 %, which includes the graded pad for the future stable and corral. 4 • • G. The structural lot coverage, including the future stable shall not exceed 5,578 square feet or 14.0% of the net lot area, (discounting the allowances). The total lot coverage shall not exceed 13,982 square feet or 35.0% of the net lot area, which is the maximum permitted. No additional hardscape shall be allowed, unless a Variance for coverage is granted. H. The coverage on the 19,500 square foot residential building pad shall not exceed 26.3%, with the allowances. I. Two sets of landscaping plans shall be submitted to staff prior to obtaining building permits. The east side of the property inthe vicinity of the outdoor kitchen, pool and pool equipment area shall be screened at all times with trees and dense brush, so as to muffle the sounds of the pool recreation area. All landscaped areas shall utilize to the greatest extent feasible mature native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. 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 screening and as not to .impair views of neighboring properties but to screen the project site. J. The pool equipment area shall be screened at all times with plants. A sound attenuating material shall be installed within the pool equipment area to dampen the sound emanating from the equipment. K. During construction, conformance with the air quality management district requirements, storm water 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. L. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water to the front of the lot or as approved by the drainage Engineer. M. The property owners shall be required to conform to the City of Rolling Hills and RHCA Outdoor Lighting Standards, as well as all other requirements of the Municipal Code. N. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler must be licensed by the City, must have the appropriate insurance and must provide the appropriate documentation to the City. O. There shall be no dumping of any debris, trash, soil spoils, construction materials or any other matter on the property or adjacent areas. • • P. No grading, construction or storage of any objects including building materials shall take place in the easement, unless approved by the RHCA. Q. 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. 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 property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works. Department Best Management Practices (BMP's) related to solid waste. T. The applicants shall execute an Affidavit of Acceptance Form of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. U. All conditions of this Variance approval must be complied with prior to the issuance of a final inspection by City staff and Building Department. V. This project shall be reviewed and approved by the Rolling Hills Community Association Architectural Committee. W. 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. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF DECEMBER 2011. ATTEST: HEIDI LUCE, DEPUTY CITY CLERK JEFF PIEPER, CHAIRMAN 6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2011-14 entitled:` A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL, UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO. 809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on December 20, 2011 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. DEPUTY CITY CLERK TO: FROM: 6:0 Roite, qead INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 6D Mtg. Date: 11-15-11 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 809 11 OUTRIDER (LOT 93-EF) RA-S-1, 1.34 ACRES GROSS MR. AND MRS. GEORGE MOUSSALLI THE DESIGN DOCTOR, NANCY SWANTON NOVEMBER 3, 2011 REQUST AND RECOMMENDATION The Planning Commission visited the site earlier in the day and held a public hearing in the field. The property owners, Mr. And Mrs. Moussalli, request a Variance to construct a 240 square foot outdoor kitchen including a pizza oven and fire place, 5' high wall, encroach 10 feet with a patio into the side yard setback and construct a 50 square foot pool equipment area in the side and front yard setbacks and a Variance to exceed the currently disturbed lot area by 0.1%. It is recommended that the Planning Commission review the staff report, take public testimony and provide direction to staff. BACKGROUND 1. The property is zoned RAS 1, located towards the end of a cul-de-sac on Outrider Road and is bound by Eastfield Drive in the rear and Outrider Road in the front. The property slopes upwards towards Eastfield Drive. The net lot area for development purposes is 39,920 square feet. The property is developed with a 3,621 square foot residence, 639 square foot garage, 688 square foot swimming pool with spa, pool equipment area and service yard. ET • • 2. Records show that the residence was constructed in 1957 and the swimming pool in 1958. In 1998 a 981 square foot addition to the house was constructed. The swimming pool and spa were constructed, with building permits, in the front yard area of the lot, partially in the side setback, and are legal non -conforming. A pool equipment area is currently located close to the residence, in the side yard setback. The proposal calls for relocating the pool equipment towards the front of the pool, in the front yard area of the lot. The area will have 3, 4' walls surrounding the pad and will be tucked into the slope. 3. Recently, over-the-counter approval was granted to reconstruct the pool and spa, within the existing footprint and configuration, to resurface the driveway, to continue a maximum 3' high wall along the driveway, a fire pit and to enlarge the side patio. Pursuant to Section 17.24.020 of the Zoning Ordinance legally constructed non -conforming structures may be maintained and repaired. In addition, pursuant to Section 17.16.140, an uncovered patio may project into the side yard setback up to 6 feet. Such patio shall not extend above the floor level of the building or the surface of the ground. Not to exceed 3' walls are allowed along a driveway. 4. The approved improvements are currently being implemented. MUNICIPAL CODE COMPLIANCE 5. The proposed accessory structures require a Variance due to their encroachment into the side and front setbacks. A 5' high wall would surround the outdoor kitchen and encroach ten feet into the required 20 foot side yard setback. 6. Other than a cut into the slope for the pool equipment pad, no grading is required for this project. Four -foot walls are proposed along the pool equipment area. This work would cause the increase in the disturbed area by 0.1%. The total earthwork involved is approximately 2.5 cubic yards. A set aside area for a future stable and corral is proposed in the rear of the residence. This area was previously graded. The current owners have no intention of constructing a stable. 7. The lot is 58,461 square feet gross (including both roadway easement) and 39,920 square feet net for development purposes. The structural coverage of the net lot is proposed to be 5,098 square feet or 12.8-%, and the total coverage (structures and flatwork) is proposed at 13,198 square feet or 33.1%. The 240 square foot outdoor kitchen and 144 square foot fire pit are not counted towards the structural coverage, (up to 800 sq.ft. detached ancillary structures are exempt from calculations). 8. The disturbed area of the lot is 21,550 square feet or 54%, and is legal non- conforming. With the additional grading required for the proposed relocated pool equipment area (50 sq.ft.) the disturbance would be 21,600 square feet or 54.1%. 9. In response for justification for the Variance for encroachment the applicants' representative states "there is no other feasible location for a built in BBQ on the property. ZC NO. 809 d The addition of the BBQ will greatly enhance property value and functionality of outdoor entertaining. The BBQ area will not impact anyone. Further, she states that the current installation of the pool equipment is in the setback and too close to the master bedroom, creating noise. The proposed pool equipment pad will be completely screened by landscaping." 10. The existing residential building pad is 19,500 square feet and will have coverage of 26.1%. The proposed fire pit and outdoor kitchen are not counted towards pad coverage. 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 12. The additional structures are not counted towards coverage. The lot is mostly developed and the additions are miscellaneous in nature, however, they add to the massing of the structures on the lot and are to be located in an area not permissible for such structures. 13. When reviewing the application the Planning Commission must 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; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. 14. The project provides for construction of a future stable, corral and access, with grading. 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; ZC NO. 809 • 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 809