Loading...
884, Construct various retaining wa, Staff ReportsaiRaeaw, qd4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4-A Mtg. Date: 01/11/16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECT R THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION 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' HIGH RETAINING WALL WITHIN THE SIDE YARD SETBACK AT 13 OUTRIDER ROAD, (LOT 94-A-EF), ROLLING HILLS, CA, (HANG JA YOO). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The property owner, Ms. Hang Ja Yoo applied for a Site Plan Review to construct a 245 square foot addition to the residence and 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 18" - 36" high retaining wall in the north side yard setback. 3. The Planning Commission by a vote 5-0 approved the project, after the applicant scaled down the development. The Commission found that 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 on the remaining portion of the lot, presents constraints due to sloped conditions, and would still require a Variance due to 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 and have a permeable surface and not add to the massing of the lot. The Resolution of approval contains standard findings of fact and conditions, including conditions specific to this case, such as: 1. The parking area shall have a pervious surface, and the material be distinctly different from the surface of the main driveway. 2. The area of the lot between the new parking pad and the roadway easement to be landscaped. 3. The landscaping shall comply with the City's Water Efficient Landscape Ordinance. 4. The retaining walls along the existing driveway shall not exceed 3' in height or Site Plan Review before the Planning Commission would be required. 5. The pool equipment to be screened. 6. Any further development on the property to be reviewed by the Planning Commission, (from previous approval). BACKGROUND 4. 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. 5. 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 ZC NO: 884 • . pad is at the rear, leaving insufficient area for a conforming stable and corral without significant grading. The applicant was not planning 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. MUNICIPAL CODE COMPLIANCE 6. The net lot area of the lot is 42,176 square feet. The structural lot coverage is proposed at 4,564 square feet or 10.8% of the net lot area, which includes all of the structures (20% permitted). The total lot coverage proposed, including structures and flatwork is 10,915 square feet or 26.0% of the net lot area, (35% permitted). The existing driveway encompasses 4,200 square feet, which contributes to the total lot coverage. The proposed guest parking area will encompass 1,820 square feet, but because it is to be finished with permeable surface is not counted towards flatwork coverage. 7. The residential building pad is 8,267 square feet. Coverage on the building pad will be 4,564 square feet or 55.2%. Currently the building pad coverage is 54%. The building pad will not be enlarged to accommodate the home addition. 8. As noted, the property slopes down in an easterly direction towards Outrider Road and all of the drainage is carried down -slope. No change to the drainage pattern is proposed. 9. The proposed improvements to the residence include interior remodel and addition of 245 square feet net of living area. All of the home improvements will be within the existing building pad, and no additional grading will be required. The current residence remodel and addition require a Site Plan Review due to a "restricted development" condition placed on the 2009 project approval. If the property did not have a restricted development condition the home improvements would be eligible for over the counter approval. 10. The proposed 96 square foot pool equipment enclosure requires a Variance due to location in the front yard. It would replace an existing 32 square foot equipment enclosure on the opposite side of the building pad, away from the pool. The new structure will be buried, in the slope, near but approximately 8 feet below the existing swimming pool. The structure will be built of concrete block walls that will have an exposed height of 30-inches topped by a 30-inch railing or three -rail fence. ZC NO.884 j -3- • • 11. Forty-five (45%) percent of the lot is currently disturbed (40% max. permitted). When the property was originally graded a standard for maximum disturbance did not exist. Therefore, the current disturbance is legal nonconforming. A Variance is required because additional new disturbance is proposed. The proposed grading overall will increase the amount of the nonconforming disturbed area by 6%, or 2,765 square feet (51.4% total disturbed area). A total of 26 c.y. will be graded, balanced on -site, 13 c.y. cut and 13 c.y. fill. The applicant is not proposing to re - grade the existing driveway. The guest parking surface will be finished with pervious surface, such as DG, which is not counted towards the hardscape calculations. Pursuant to Section 17.16.150 of the Zoning Ordinance, uncovered parking areas are permitted in front or side setbacks. However, such parking areas shall not exceed 10% of the area of the setback in which it is located and not be closer than 30 feet from any roadway easement. The applicant meets this requirement. 12. The applicant requests a Variance to locate portions of a maximum 30-inch tall retaining wall within the 20-foot wide north setback. The wall would encroach five feet into the 20-foot side setback for a distance of approximately 50 feet. The wall is needed to support a cut grade on the shoulder of the driveway, creating an area suitable for visitor parking. It is anticipated that 5 cars would be able to be parked in this area. The applicant has proposed a stepped walkway along the driveway to provide access for guests from the new parking area up to the home. CONCLUSION 13. This is a unique lot in that it has a double frontage and a driveway that is very long, with relatively steep topography. The building pad and the residence are in the rear, with no room remaining further back for a stable and corral. The front of the lot is mostly undisturbed, other than the long driveway, and the proposed pool equipment enclosure and guest parking area. 14. In granting the 2009 stable Variance, the Planning Commission recognized that, given the location of the existing building pad, the only potential location for a stable would be in the front yard. This would necessitate submittal of additional Variance applications due to location and increase in disturbed area due to significant additional grading that would be expected. 15. When reviewing a development application the Planning Commission considers whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. In addition, the Commission determines if the project meets the Variance criteria enclosed with this report. ZC NO. 884 (-4- • • 16. In reviewing this application, the Commission considered the topography of the property, lot size and the location of the previously graded pad at the rear of the property, which necessitates a very long driveway and creates a relatively large "front yard". 17. The owner has submitted the following as the basis for making findings to approve the project: Pool equipment enclosure; front yard Variance: 1) The proposed location is closer to the pool and offers a more efficient operation and energy usage; 2) The existing location, being close to the home, results in noise impacts to the applicant. The proposed location will be farther from both the applicant's and adjoining neighbor's residence, thereby alleviating noise impacts; 3) The new enclosure will offer more space and enclosed work area; and 4) The new enclosure location will be far from public view and the equipment will be visually screened. Disturbed Area Variance: 1) The existing disturbed area, already, at 45% exceeds the maximum 40% disturbed area allowed and the requested additional 6% is a relatively small percentage of the net lot area; 2) The purpose of the added disturbance is to provide adequate visitor parking which is an intermittent and temporary use, as opposed to accommodating a new permanent structure within the front yard; 3) Due to the placement of the building pad at the rear, a good portion of the lot's disturbed area is needed to accommodate the driveway. Retaining wall variance: 1) The retaining wall is generally less than 30-inches in height and will not be visible from public view; 2) The 20-foot wide side setback will remain an open area with occasional use for guest parking; 3) The overall impact, being that the encroachment into the setback is 5-feet generally (leaving 15 feet clear to the property line) will be minor. Site Plan Review: 1) The residential addition is minor in amount and will not alter the existing character and residential use on the property or of the surrounding neighborhood, nor will existing contours of the property be significantly altered; 2) Existing landscaping will be preserved and the proposed area to be graded will be covered with permeable surface, and all otherwise native vegetation on the property will be preserved; 3) The existing lot coverage will be maintained as the new building area will be under an existing roofed area. 18. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 19. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC NO. 884 J ZONING CASE NO. 884 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required for new structures, grading and if size of the residence increases by more than 999 sq. ft. in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum guideline) GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sq. ft.) and _CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING SINGLE FAMILY RESIDENCE & POOL Residence 3007sq.ft Garage 400 sq.ft Stable 0 sq.ft. Service 96 sq.ft Pool 553 sq.ft Pool eqp. 32 sq.ft. Porches 374 sq. ft. TOTAL 4,462 sq.ft. 10.6% 25.2% 54% of 8,267 sq.ft. pad N/A PROPOSED ROOM ADDITION, POOL ENCLOSURE AND GRADING VARIANCES: FRONT YARD, WALL HEIGHT, DISTURBED AREA Residence 3252 sq.ft Garage 435 sq.ft Stable 0 sq.ft. Service 96 sq.ft Pool/spa 553 sq.ft. Pool eqpm. 96 sq.ft. Porches 132 sq. ft. TOTAL 4,564 sq.ft 19.8% of 42,176 sq.ft. net lot area 26% of 42,176 sq.ft. net lot area 55.2% of 8,267 sq.ft. pad 13 cubic yards cut and 13 cubic yards fill, to be balanced on site 18,910 sq.ft. - 45% of lot 21,675 sq.ft. — 51.4% of net lot VARIANCE GRANTED RESO. 2009-04 N/A Existing from Outrider N/A N/A VARIANCE GRANTED RESO. 2009-04 N/A Existing from Outrider PC condition PC condition SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's ZC NO. 884 • • General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 884 • • THIS PAGE INTENTIONALLY LEFT BLANK 0 RESOLUTION 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 factthat the residential pad is at the rear, leaving insufficient Reso. 2015-23 13 Outrider • • 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 Reso. 2015-23 13 Outrider the exceptionally large "front yard" based on the location of the residence atthe 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. Reso. 2015-23 13 Outrider • • 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 Reso. 2015-23 13 Outrider 4 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 Reso. 2015-23 13 Outrider 5 o • • 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. Reso. 2015-23 13 Outrider • • 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. Reso. 2015-23 13 Outrider 7 • • 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. Reso. 2015-23 13 Outrider 8 • 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. ov/iox/main.php?suite=safetvSipage=hazard_definitions#Fiat 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. Reso. 2015-23 13 Outrider PASSED, APPROVED AND ADOPTED THIS 15th DAY OF DECEMBER 2015. BR 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. Reso. 2015-23 13 Outrider 10 • 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. Reso. 2015-23 13 Outrider CITY CLERK 11 City 0/Rolling i✓tZ INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item No.: 6B Mtg. Date: 12-15-15 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 884 SITE LOCATION: 13 OUTRIDER ROAD, (LOT 94-A-EF) ZONING AND SIZE: RA-S-1, 1.3 ACRES (GROSS) OWNER: MRS. HANG JA YOO REPRESENTATIVE: MYUNG C. CHUNG, A.I.A, ARCHITECT PUBLISHED: OCTOBER 8, 2015 REQUEST AND RECOMMENDATION 1. The applicant requests a Site Pan Review to add 245 square feet of net new living area and 35 square feet new garage area to the 3,007 square foot home; to construct a new 96 square foot detached pool equipment enclosure and two new 30- inch maximum tall retaining walls. The retaining walls are proposed in conjunction with grading to accommodate the new pool enclosure within an existing slope and to create 1,820 square foot guest parking alongside the north side of the driveway. Variances are requested to provide relief from the code standard of 40% maximum disturbed area; construct an accessory structure (pool enclosure) within the "front yard" of the lot; and to construct a portion of one of the proposed 30" retaining walls within a side yard setback. 2. The Planning Commission conducted public hearings at a field trip to the subject property on October 20, 2015 and at its regular meetings on October 20 and November 17, 2015 and based on the revised scope of the project, directed staff to prepare a Resolution approving the application subject to conditions. The attached Resolution No. 2015-23 contains standard findings of fact and conditions, including conditions specific to this case, such as: 1. The parking area shall have a pervious surface, and the material be distinctly different from the surface of the main driveway. 2. The area of the lot between the new parking pad and the roadway easement to be landscaped. ZC NO. 884 13 Outrider CID Printed on Recycled Paper • I 3. The landscaping shall comply with the City's Water Efficient Landscape Ordinance. 4. The retaining walls along the existing driveway shall not exceed 3' in height or Site Plan Review before the Planning Commission would be required. 5. The pool equipment to be screened. 6. Any further development on the property to be reviewed by the Planning Commission, (from previous approval). 3. It is recommended that the Planning Commission review and consider the attached Resolution for approval. ZC NO. 884 13 Outrider • • RESOLUTION 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' 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 Reso. 2015-23 13 Outrider • • 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 Reso. 2015-23 13 Outrider 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. Reso. 2015-23 13 Outrider • • 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 Reso. 2015-23 13 Outrider • • 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 Reso. 2015-23 13 Outrider • • 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. Reso. 2015-23 13 Outrider 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. Reso. 2015-23 13 Outrider 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. Reso. 2015-23 13 Outrider 8 a • • 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. Reso. 2015-23 f' 13 Outrider 9 • • PASSED, APPROVED AND ADOPTED THIS 15th DAY OF DECEMBER 2015. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. Reso. 2015-23 13 Outrider • • 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK Reso. 2015-23 13 Outrider i City TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: OWNER: REPRESENTATIVE: PUBLISHED: • oPeoiliny INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Agenda Item No.: 8A Mtg. Date: 12-15-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 892 3 EASTFIELD DRIVE (LOT 58-EF) RA-S-1, 1.4 ACRES (GROSS) MR. AND MRS. BENNETT BEN CAUTHEN, PROJECT DESIGNER DECEMBER 3, 2015 REQUEST AND RECOMMENDATION 1. ' The property owners Mr. and Mrs. Bennett, request a Site Plan Review for minor grading to widen the existing driveway and create a one car parking pad and up to 5' high retaining wall and a Conditional Use Permit (CUP) for replacement of the existing detached 420 square foot garage and 252 square foot guest quarters with a new 704 square foot detached garage and multiple variances. The variances requested include: to construct a 61 sq. ft. addition to the main residence that would encroach 6'3" into the front setback, to provide a new one -car parking pad, less than 30 feet from the roadway easement line, to encroach 18' into the front yard setback with the detached garage, to exceed the maximum permitted structural and total coverage of the lot and the disturbed area of the lot, and lastly to locate 5' high retaining wall in the front setback, that will not average out to 2.5' in height. A conforming room addition of 134 square feet at the rear of the home, while submitted with this application is within the scope of work that can be approved administratively and does not require Planning Commission approval. 2. It is recommended that the Planning Commission review the staff report, open the public hearing, take public testimony and schedule a field trip to the property. BACKGROUND 3. The property is zoned RAS-1 and consists of 1.4 acres gross (60,984 sq. ft.) and 44,413 sq. ft. net lot area for development purposes. The property is located on the ZC NO.892 3 Eastfield Road Printed on Recycled Paper • • north side of Eastfield Drive. The property is almost square shaped. The property is characterized by a steep slope, descending from the southwest corner (front) diagonally to northeast corner (rear). The topography in the front yard between the road edge and house front wall has a drop of 18 feet, or a 69% downslope. This project site is developed with a single family residence and detached garage built in 1956. 4. In 1963 the Planning Commission granted a front yard variance for an addition, waiving then required 30 foot front setback in favor of 23-feet, in recognition of the constraints of the steep terrain and fact that the detached garage already encroached 7 feet into the then required 30' setback. In 1971 the Planning Commission granted a variance for a tennis court, allowing the court to encroach into the side yard, again due to topographic constraints. Both the home and tennis court, with these entitlements, may retain the original reduced setbacks as long as they are maintained in the same capacity and degree as when the variance was granted. MUNICIPAL CODE COMPLIANCE 5. The property is developed with a 3,073 square foot residence, 420 square foot garage with 252 square foot living quarters within the garage structure and 510 square foot swimming pool on a 5,908 square foot building pad area (outside setbacks). A 6,433 square foot tennis court is located in the rear of the property. The existing garage will be demolished and replaced and a nonconforming animal pen in the front yard setback will be removed. A 1,000 square foot area is proposed to be set aside for a future stable and corral near the tennis court. 6. As existing the site has nonconforming structural coverage of 24.1% (20% allowed) and with the proposal, this will increase to 25.9%, (which includes a future stable). The existing total coverage is also nonconforming at 36.7% (35% allowed) and this will be increased to 41.1%, requiring a variance. 7. The construction of a new garage and an addition of an enclosed front entry within the standard 50-foot front setback each require a new variance because the current proposal exceeds the scope of the prior variance. The new garage will be 704 square feet (3-car), detached and reoriented so that the access will be at the front, facing Eastfield. By reorienting the garage, it will encroach 18' into the required 50' front setback, for a total encroachment of 576 square feet. (Current garage encroaches 27' for a total encroachment of 594 square feet). Behind the garage, a new service yard will be built. In between the garage and front entry of the home, a paved entry courtyard will be created leading to the proposed new 61 square foot enclosed entry. 8. The applicant's goal is to improve access and parking on the property. To improve access, the driveway will be widened approximately 5 feet and the garage will be reconstructed with increased setback and new orientation. To increase on -site parking, a one -car motor court will be constructed within the front setback, 8 feet from ZC NO. 892 3 Eastfield Road • • the roadway easement line, which requires a variance. Pursuant to Section 17.16.150 of the Municipal Code parking areas must be located at least 30 feet from the roadway easement line and the driveway and parking area may not cover, respectively, more than 20% and 10% of the front yard setback. The driveway will cover 11.5% and the parking area will cover 9% of the front setback, which is conforming. 9. The applicant proposes to construct several retaining walls to create the new motor court and to widen the driveway (to 17 feet wide at its narrowest point). Several existing retaining and rubble walls will be removed. At the motor court a 5-foot high maximum retaining wall is required but the wall along the driveway will vary in height to no more than 3 feet. The construction of the wall along the driveway complies with the code, as up to 3' high walls are permitted along driveways. 10. The creation of the motor court and widened driveway involves minor grading, including 21 cubic yards of earth that will be reused as fill under the new garage slab. This grading will not alter the existing drainage patterns. 11. The widening of the driveway requires review by the City's Traffic Commission, which is scheduled on January 28, 2016. The project, including walls within the roadway easement will also be required to be reviewed and approved by the Rolling Hills Community Association. 12. The existing disturbed area is 38.9% of the net lot, (40% max.) and with this proposal, due to the minor grading at the front, the disturbed area will increase (4.5%) to 43.4%, requiring a variance. 13. Coverage on the 5,908 square foot residential building pad (outside of setbacks) will be increased from 72.4% to 78.1%. The guideline established by the Planning Commission is a maximum pad coverage of 30%. Even though grading is being done at the front, because it is within the setback, it does not increase the size of the building pad. 14. In accordance with Section 17.16.040 of the Municipal Code, a Conditional Use Permit is required for a detached garage pursuant to the criteria and conditions in 17.16.210 as follows: a. (Garage) shall not be located in the front yard or any setback. b. A sink and toilet is permitted. c. A kitchen or kitchenette shall not be permitted. d. No sleeping quarters or renting of the structure shall be permitted. e. The Planning Commission shall have the ability to limit the size of the detached garage in relationship to the size of the residence, topography, size of the lot and other conditions. ZC NO. 892 3 Eastfield Road • • The proposed garage will be in compliance with the above criteria except location within the front yard and setback, which is included in the variance applications. No sleeping quarters, or plumbing fixtures are proposed and the proposal is for a standard 3-car garage structure. An existing guest quarters within the existing garage will be permanently removed. CONCLUSION 15. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. In addition, the Commission must determine if the project meets the Variance criteria enclosed with this report. 16. In reviewing this application, the Commission should consider the topography of the property, lot size and/or shape and the location of the previously graded pad at the front of the property, which limits site layout options. 17. The owner has submitted the following as the basis for making findings to approve the project: Site Plan Review: 1) The proposed grading and retaining walls will be minor in amount and degree and will not alter the existing character and residential use on the property or of the surrounding neighborhood, nor will existing contours of the property be significantly altered; 2) Existing landscaping will be preserved, and all otherwise native vegetation on the property will be preserved. Variances: 1) The proposed motor court, while within the front yard setback, will be screened behind and at the bottom of a slope which is consistent with the natural topography; 2) The proposed 5-foot retaining wall in the front yard will blend with the existing topography; 3) The encroachment of the garage into the front setback will be less than the existing garage and is constrained by the location of the existing house and building pad which, in turn is constrained by the steep topography both at the front and towards the rear of the building pad; 4) The amount of new living area being added within the front setback will not create any adverse visual bulk impacts because it will be a relatively small area (61 square feet) and will not be visible from the street at the lot front; 5) The lot coverage increase is relatively small compared to the amount of coverage that is associated with the existing improvements, in particular, the existing 6,433 square foot sports court; the amount of disturbed area exceedance proposed is relatively minor and the purpose, to provide more onsite parking, and to widen the driveway will result in better vehicle access. ZC NO. 892 3 Eastfield Road • • Conditional Use Permit: Other than the requested variance for location, the detached garage will comply with the development standards for detached garage. 18. 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. ZONING CASE NO. 892 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required for new structures, grading and if size of the residence increases by more than 999 sq. ft. in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum guideline) GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sa. ft.) ZC NO. 892 3 Eastfield Road EXISTING SINGLE FAMILY RESIDENCE, DETACHED GARAGE, POOL, SPORT COURT Residence Garage Stable(fut) Service yd Guest hse Pool Pool eqpm. Sport court Shed 3073 sq.ft 420 sq.ft 0 sq.ft 0 sq.ft 252 sq.ft 510 sq.ft 24 sq.ft. 6433 sq.ft 76 sq. ft. 10,788 TOTAL sq.ft. 24.1% 36.7% 72.4% of 5,908 sq.ft. pad N/A 38.9% of lot PROPOSED ADDITIONS, DETACHED GARAGE, SERVICE YARD, MOTOR COURT, GRADING VARIANCES: FRONT YARD, WALL HEIGHT, DISTURBED AREA Residence 3268 sq.ft Garage 704 sq.ft Stable (fut) 450 sq.ft. Service yd 109 sq.ft Guest hse 0 sq.ft. Pool/spa 510 sq.ft. Pool eqpm. 24 sq.ft. Sport court 6433 sq.ft. Shed 76 sq.ft. TOTAL 11,574 sq.ft. 25.9% of 44,413 sq.ft. net lot area (with deductions) 41.1% of 44,413 sq.ft. net lot area (with deductions) 78.1% of 5,908 sq.ft. pad 21 cubic yards total, to be balanced on site 43.4% of lot Future • STABLE ACCESS N/A Future ACCESSWAY Existing from Outrider Existing from Eastfield VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review SITE PLAN REVIEW APPROVAL CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CONDITIONAL USE PERMIT APPROVAL CRITERIA: 17.42.050 Basis for approval or denial of conditional use permit. ZC NO. 892 3 Eastfield Road The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: A. That the proposed conditional use is consistent with the General Plan; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed conditional use complies with all applicable development standards of the zone district; E. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; F. That the proposed conditional use observes the spirit and intent of this title. VARIANCE APPROVAL CRITERIA 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. 892 3 Eastfield Road TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: OWNER: REPRESENTATIVE: PUBLISHED: city 0/ iQO/!•»yJdlf INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Agenda Item No.: 7A Mtg. Date: 11-17-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 884 13 OUTRIDER ROAD, (LOT 94-A-EF) RA-S-1, 1.3 ACRES (GROSS) MRS. HANG JA YOO MYUNG C. CHUNG, A.I.A, PROJECT ARCHITECT OCTOBER 8, 2015 REQUEST AND RECOMMENDATION 1. The Planning Commission opened the public hearing in this case and viewed the project in the field on October 20, 2015 and continued the hearing to the evening meeting on October 20. 2. At the hearings, the Planning Commission suggested that the applicant revise the scope of work to amend or eliminate the request to widen the driveway approach and its related components; but did not object to the rest of the application. Members of the Commission also required that there be a clear distinction in surface material between the driveway and the guest parking area. 3. The applicant's architect revised the project and is currently proposing to leave the driveway approach as is, and will therefore not eliminate the short retaining wall along the south west side of the cul-de-sac, so that the parking space in the cul-de-sac along this wall will remain. In addition, no grading is proposed along the south side of the driveway and the driveway is not planned to be re -graded. Along the north side of the driveway, the grading for the guest parking spaces and the not to exceed 30" high retaining wall will start approximately at the 50' front yard setback line. The applicant proposes to resurface the driveway with pavers and use decomposed granite (D.G.) in the parking areas. The guest parking area will accommodate 5 parking spaces; one parallel to the driveway and fourperpendicular to the driveway. The applicant proposes to remodel the interior and add 245 square feet of net new living area and 35 square feet new garage area to the 3,007 square foot home; to construct a new 96 square foot detached pool equipment enclosure and two new 30- ZC NO. 884 13 Outrider Printed on Recycled Paper • • inch maximum tall retaining walls. The retaining walls are proposed in conjunction with grading to accommodate the new pool enclosure within an existing slope and to create guest parking alongside the north side of the driveway. 4. A Site Plan Review is required because the proposal involves grading of more than 2,000 square feet of surface area and because new structural development is proposed on a lot with restricted development. Three Variances are needed to: provide relief from the code standard of 40% maximum disturbed area; construct an accessory structure (pool enclosure) within the "front yard" of the lot; and to construct a portion of one of the proposed 30" retaining walls within a side yard setback. 5. It is recommended that the Planning Commission review the staff report with the revised scope of work, take public testimony and provide direction to staff. BACKGROUND 6. 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. The property is located towards the end of a cul-de-sac and has two street frontages, on Eastfield Drive to the west (rear) and on Outrider Road to the east (front). The property is characterized by a relatively steep (25%) slope 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 slope between the residential pad and front property line is 32%, and 60% between the building pad and rear property line. A small portion of the rear of the house encroaches into the rear setback. The property is accessed from Outrider Road via a long, curving driveway. 7. 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%. (Previous proposal would increase the disturbance by 9%). 8. In 2009 the applicants submitted an application to remodel the residence and add 629 square feet, mainly under the existing roofline, which would routinely be approved over the counter. 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 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 ZC NO. 884 13 Outrider • • 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, unless the Commission finds that with the current proposal, by proposing new grading, a feasible stable/corral location on the site could be provided. In that case a variance would need to be additionally filed with the current application, for approval of a future stable in a set aside area in the "front yard". 9. Building records show that development of this lot began in 1962 with a retaining wall permit. In 1963 grading and building permits were issued for construction of a 2,703 square foot residence and 600 square foot pool. In 2008 a building permit was issued for replacement of windows. In 2010 the addition approved by the Commission in 2009 was built with slightly reduced area (567 square feet added, 3,007 total square feet) and utility lines were placed underground. MUNICIPAL CODE COMPLIANCE 10. The net lot area of the lot is 42,176 square feet. The structural lot coverage is proposed at 4,564 square feet or 10.8% of the net lot area, which includes all of the structures (20% permitted). The total lot coverage proposed, including structures and flatwork is 10,915 square feet or 26.0% of the net lot area, (35% permitted). The existing driveway encompasses 4,200 square feet, which contributes to the total lot coverage. The proposed guest parking area will encompass 1,820 square feet, but because it is to be finished with permeable surface is not counted towards flatwork coverage. 11. The residential building pad is 8,267 square feet. Coverage on the building pad will be 4,564 square feet or 55.2%. Currently the building pad coverage is 54%. The building pad will not be enlarged to accommodate the home addition. 12. As noted, the property slopes down in an easterly direction towards Outrider Road and all of the drainage is carried down -slope. No change to the drainage pattern is proposed. 13. Residence improvements. The proposed improvements to the residence include interior remodel and addition of 245 square feet net of living area, to create a fourth bedroom. All of the home improvements will be within the existing building pad, and no additional grading will be required. The current residence remodel and addition require a Site Plan Review due to a "restricted development" condition placed on the 2009 project approval. If the property did not have a restricted development condition the home improvements would be eligible for over the counter approval or "zone clearance". ZC NO. 884 13 Outrider • • 14. Front yard Pool Equipment Enclosure. The proposed 96 square foot pool equipment enclosure requires a Variance due to location in the front yard. It would replace an existing 32 square foot equipment enclosure on the opposite side of the building pad, away from the pool. The new structure will be buried in the slope, near but approximately 8 feet below the existing swimming pool. The structure will be built of concrete block walls that will have an exposed height of 30-inches topped by a 30- inch railing or three -rail fence. 15. Grading/Disturbed Area and parking pad. Forty-five (45%) percent of the lot is currently disturbed (40% max. permitted). When the property was originally graded a standard for maximum disturbance did not exist. Therefore, the current disturbance is legal nonconforming. A Variance is required because additional new disturbance is proposed. The proposed grading overall will increase the amount of the nonconforming disturbed area by 6%, or 2,765 square feet (51.4% total disturbed area). A total of 26 c.y. will be graded, balanced on -site, 13 c.y. cut and 13 c.y. fill. The applicant is not proposing to re - grade the existing driveway. The guest parking surface will be finished with pervious surface, such as DG, which is not counted towards the hardscape calculations as it is considered pervious. Pursuant to Section 17.16.150 of the Zoning Ordinance, uncovered parking areas are permitted in front or side setbacks. However, such parking areas shall not exceed 10% of the area of the setback in which it is located and not be closer than 30 feet from any roadway easement. The applicant meets this requirement. 16. Retaining walls. The applicant requests a Variance to locate portions of a maximum 30-inch tall retaining wall within the 20-foot wide north setback. The wall would encroach five feet into the 20-foot side setback for a distance of approximately 50 feet. The wall is needed to support a cut grade on the shoulder of the driveway, creating an area suitable for visitor parking. It is anticipated that 5 cars would be able to be parked in this area. The applicant has proposed a stepped walkway along the driveway to provide access for guests from the new parking area up to the home. 17. If the project is approved, all relevant conditions of prior resolution 2009-04 will be incorporated into a new resolution in addition to any new conditions as deemed appropriate by the Planning Commission to ensure that the project will comply with the codes and objectives of the Zoning Ordinance and goals and policies of the General Plan. CONCLUSION 18. This is a unique lot in that it has a double frontage and a driveway that is very long, with relatively steep topography. The building pad and the residence are in the ZC NO. 884 13 Outrider I. • • rear, with no room remaining further back for a stable and corral. The front of the lot is mostly undisturbed, other than the long driveway, and the proposed pool equipment enclosure and guest parking area. 19. In granting the 2009 stable Variance, the Planning Commission recognized that, given the location of the existing building pad, the only potential location for a stable would be in the front yard. This would necessitate submittal of additional Variance applications due to location and increase in disturbed area due to significant additional grading that would be expected. 20. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. In addition, the Commission must determine if the project meets the Variance criteria enclosed with this report. 21. In reviewing this application, the Commission should consider the topography of the property, lot size and the location of the previously graded pad at the rear of the property, which necessitates a very long driveway and creates a relatively large "front yard". 22. The 55.2% proposed residential building pad area coverage seems excessive, however it is a guideline and therefore, the Commission has discretion to approve it without requiring a Variance. The existing coverage on the building pad, 54%, also exceeds the 30% maximum allowed by the guideline and the topographic nature of the lot makes it infeasible to comply strictly with the requirements of the Zoning Code. 23. The owner has submitted the following as the basis for making findings to approve the project: Pool equipment enclosure; front yard Variance: 1) The proposed location is closer to the pool and offers a more efficient operation and energy usage; 2) The existing location, being close to the home, results in noise impacts to the applicant. The proposed location will be farther from both the applicant's and adjoining neighbor's residence, thereby alleviating noise impacts; 3) The new enclosure will offer more space and enclosed work area; and 4) The new enclosure location will be far from public view and the equipment will be visually screened. Stable set -aside Variance: The findings of the 2009 Variance remain intact in that: 1) The lot as originally graded did not leave opportunity for creating a future stable pad without additional major grading; 2) The lot natural slope is excessive in the areas that are currently undisturbed, with 60% slope between the house and rear property line ZC NO. 884 13 Outrider • • and 32% between the house and front; 3) The site was granted a stable set -aside Variance in the prior project (Resolution 2009-04) and the same conditions are still applicable. Disturbed Area Variance: 1) The existing disturbed area, already, at 45% exceeds the maximum 40% disturbed area allowed and the requested additional 6% is a relatively small percentage of the net lot area; 2) The purpose of the added disturbance is to provide adequate visitor parking which is an intermittent and temporary use, as opposed to accommodating a new permanent structure within the front yard; 3) Due to the placement of the building pad at the rear, a good portion of the lot's disturbed area is needed to accommodate the driveway. Retaining wall variance: 1) The retaining wall is generally less than 30-inches in height and will not be visible from public view; 2) The 20-foot wide side setback will remain an open area with occasional use for guest parking; 3) The overall impact, being that the encroachment into the setback is 5-feet generally (leaving 15 feet clear to the property line) will be minor. Site Plan Review: 1) The residential addition is minor in amount and will not alter the existing character and residential use on the property or of the surrounding neighborhood, nor will existing contours of the property be significantly altered; 2) Existing landscaping will be preserved and the proposed area to be graded will be covered with permeable surface, and all otherwise native vegetation on the property will be preserved; 3) The existing lot coverage will be maintained as the new building area will be under an existing roofed area. 24. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 25. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC NO. 884 13 Outrider ZONING CASE NO. 884 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required for new structures, grading and if size of the residence increases by more than 999 sq. ft. in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum guideline) GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING SINGLE FAMILY RESIDENCE & POOL Residence 3007sq.ft Garage 400 sq.ft Stable 0 sq.ft. Service 96 sq.ft Pool 553 sq.ft Pool eqp. 32 sq.ft. Porches 374 sq. ft. TOTAL 10.6% 25.2% 54% of 8,267 sq.ft. pad N/A PROPOSED ROOM ADDITION, POOL ENCLOSURE AND GRADING VARIANCES: FRONT YARD, WALL HEIGHT, DISTURBED AREA Residence 3252 sq.ft Garage 435 sq.ft Stable 0 sq.ft. Service 96 sq.ft Pool/spa 553 sq.ft. Pool eqpm. 96 sq.ft. Porches 132 sq. ft. 4,462 sq.ft. TOTAL 4,564 sq.ft 10.8% of 42,176 sq.ft. net lot area 26% of 42,176 sq.ft. net lot area 55.2% of 8,267 sq.ft. pad 13 cubic yards cut and 13 cubic yards fill, to be balanced on site 18,910 sq.ft. - 45% of lot 21,675 sq.ft. — 51.4% of net lot VARIANCE GRANTED RESO. 2009-04 N/A Existing from Outrider N/A I N/A SITE PLAN REVIEW CRITERIA VARIANCE GRANTED RESO. 2009-04 N/A Existing from Outrider Planning Commission review Planning Commission review 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the ZC NO. 884 13 Outrider • • scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 884 13 Outrider C1t o Rolling „Iva TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: OWNER: REPRESENTATIVE: PUBLISHED: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Agenda Item No.: 7C Mtg. Date: 1020-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 884 13 OUTRIDER ROAD, (LOT 94-A-EF) RA-S-1, 1.3 ACRES (GROSS) MRS. HANG JA YOO MYUNG C. CHUNG, A.I.A, PROJECT ARCHITECT OCTOBER 8, 2015 REQUEST AND RECOMMENDATION 1. The Planning Commission opened the public hearing in this case and viewed the project in the field earlier on October 20, 2015 and continued the hearing to the evening meeting on October 20. The property owner, Mrs. Hang Ja Yoo, requests a Site Plan Review and Variances for proposed construction at the subject site, currently improved with a single family home. The applicant proposes to remodel the interior and add approximately 245 square feet of net new living area and 35 square feet new garage area to the 3,007 square foot home. In addition the applicant proposes to construct a new 96 square foot detached pool equipment enclosure and two new 30-inch maximum tall retaining walls. The retaining walls are proposed in conjunction with grading to accommodate the new pool enclosure within an existing slope and to create guest parking alongside the driveway. To ease access and improve line -of -sight, the driveway apron that intersects Outrider Road will be also re -graded and widened. The Traffic Commission reviewed the driveway approach improvements and recommended approval. A Site Plan Review is required because the proposal involves grading of more than 2,000 square feet of surface area and because newstructural development is proposed on a lot with, restricted development. Three Variances are needed to: provide relief from the code standard of 40% maximum disturbed area; construct an accessory ZC NO.884 13 Outrider Printed on Recycled Paper structure (pool enclosure) within the "front yard" of the lot; and to construct a portion of one of the proposed retaining wall within a side yard setback. 2. It is recommended that the Planning Commission re -convene the public hearing, review the staff report, take public testimony and provide direction to staff. BACKGROUND 3. 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. The property is located towards the end of a cul-de-sac and has two street frontages, on Eastfield Drive to the west (rear) and on Outrider Road to the east (front). The property is characterized by a relatively steep (25%) slope 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 slope between the residential pad and front property line is 32%, and 60% between the building pad and rear property line. A small portion of the rear of the house encroaches into the rear setback. The property is accessed from Outrider Road via a long, curving driveway. 4. 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 9% to 54%. 5. In 2009 the applicants submitted an application to remodel the residence and add 629 square feet, mainly under the existing roofline, which would routinely be approved over the counter. 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 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, unless the Commission finds that with the current proposal, by proposing new grading, a feasible stable/corral location on the site could be provided. In that case a variance would need to be additionally filed with the current application, for approval of a future stable in a set aside area in the "front yard". ZC NO. 884 13 Outrider c� • 6. Building records show that development of this lot began in 1962 with a retaining wall permit. In 1963 grading and building permits were issued for construction of a 2,703 square foot residence and 600 square foot pool. In 2008 a building permit was issued for replacement of windows. In 2010 the addition approved by the Commission in 2009 was built with slightly reduced area (567 square feet added, 3,007 total square feet) and utility lines were placed underground. MUNICIPAL CODE COMPLIANCE 7. The net lot area of the lot is 42,176 square feet. The structural lot coverage is proposed at 4,564 square feet or 11.0% of the net lot area, which includes all of the structures (20% permitted). The total lot coverage proposed, including structures and flatwork is 10,965 square feet or 26.0% of the net lot area, (35% permitted). The existing driveway encompasses 4,200 square feet, which contributes to the total lot coverage. It may be noted that the proposed guest parking area will encompass 3,105 square feet, but because it is to be finished with permeable pavers is not counted towards flatwork coverage. 8. The residential building pad is 8,267 square feet. Coverage on the building pad will be 4,564 square feet or 55.2%. Currently the building pad coverage is 54%. The building pad will not be enlarged to accommodate the home addition. 9. As noted, the property slopes down in an easterly direction towards Outrider Road and all of the drainage is carried down -slope. No change to the drainage pattern is proposed. 10. Residence improvements. The proposed improvements to the residence include interior remodel of the kitchen and family room, addition of 245 square feet net of living area, to create a fourth bedroom. To accommodate the new bedroom an existing porch on the east side of the home will be converted to garage area and a portion of the existing garage will be converted to living area. All of the home improvements will be within the existing building pad and disturbed area and will be in compliance with applicable zoning standards. The current residence remodel and addition require a Site Plan Review due to a "restricted development" condition placed on the 2009 project approval. If the property did not have a restricted development condition the home improvements would be eligible for over the counter approval or "zone clearance" because the added area (245 sq. feet) and amount of exterior wall demolition (29%) are well under the thresholds of 999 square feet of new area and 50% of lineal feet of walls being demolished. 11. Front yard Pool Equipment Enclosure. The proposed 96 square foot pool equipment enclosure requires a Variance due to location in the front yard. It would replace an existing 32 square foot equipment enclosure on the opposite side of the ZC NO. 884 13 Outrider building pad, away from the pool. The new structure will be buried in the slope, near but approximately 8 feet below the existing swimming pool. The structure will be built of concrete block walls that will have an exposed height of 30-inches topped by a 30- inch railing or three -rail fence. 12. Grading/Disturbed Area. Forty-five (45%) percent of the lot is currently disturbed (40% permitted). When the property was originally graded a standard for maximum disturbance did not exist. Therefore, the current disturbance is legal nonconforming. A Variance is required because additional new disturbance is proposed. The proposed grading overall will increase the amount of the nonconforming disturbed area by 9%, or 3,728 square feet (54% total disturbed area). A total of 138 c.y. will be graded, balanced on -site, 69 c.y. cut and' 69 c.y. fill. The majority of the cut, 47 c.y, is needed to create a guest parking strip along the driveway and the remaining cut of 13 and 9 cubic yards respectively, is needed to modify the driveway and build the pool equipment enclosure. All of the fill will occur in the existing driveway and new guest parking area. The guest parking surface will be finished with stone pavers laid in sand, which is not counted towards the hardscape calculations as it is considered pervious. The driveway apron improvements near Outrider Road include removing retaining walls to accommodate a wider apron. New curbs would be installed adjacent to the widened driveway apron and the areas adjacent to the driveway apron would be re- graded to open up line of sight. The City Traffic Commission considered the proposed driveway apron improvements on September 24, and approved the work, subject to compliance with all recommendations of the City's Traffic Engineer. The proposed approach includes work in the roadway easement and requires RHCA review as well. 13. Retaining walls. The applicant requests a Variance to locate portions of a maximum 30-inch tall retaining wall within the 20-foot wide north setback. The wall would encroach five feet into the 20-foot side setback for a distance of approximately 95 feet. The wall is needed to support a cut grade on the shoulder of the driveway, creating an area suitable for visitor parking. It is anticipated that as many as 6 cars would be able to be parked in this area. The applicant has proposed a stepped walkway along the driveway to provide access for guests from the new parking area up to the home. 14. If the project is approved, all relevant conditions of prior resolution 2009-04 will be incorporated into a new resolution in addition to any new conditions as deemed appropriate by the Planning Commission to ensure that the project will comply with the codes and objectives of the Zoning Ordinance and goals and policies of the General Plan. CONCLUSION ZC NO. 884 13 Outrider 0 • • 15. This is a unique lot in that it has a double frontage and a driveway that is very long, with relatively steep topography. The building pad and the residence are in the rear, with no room remaining further back for a stable and corral. The front of the lot is mostly undisturbed, other than the long driveway, and the proposed pool equipment enclosure and guest parking area. 16. In granting the 2009 stable Variance, the Planning Commission recognized that, given the location of the existing building pad, the only potential location for a stable would be in the front yard. This would necessitate submittal of additional Variance applications due to location and increase in disturbed area due to significant additional grading that would be expected. If the Commission determines that the stable set -aside Variance remains in effect with this project, it would be appropriate that the Commission incorporate appropriate findings and a condition stating that if in the future, additional grading is proposed to enlarge the building pad or if a new house is proposed, then the stable issue should be re -visited. 17. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. In addition, the Commission must determine if the project meets the Variance criteria enclosed with this report. 18. In reviewing this application, the Commission should consider the topography of the property, lot size and the location of the previously graded pad at the rear of the property, which necessitates a very long driveway and creates a relatively large "front yard". 19. The 55.2% proposed residential building pad area coverage seems excessive, however it is a guideline and therefore, the Commission has discretion to approve it without requiring a Variance. The existing coverage on the building pad, 54%, also exceeds the 30% maximum allowed by the guideline and the topographic nature of the lot makes it infeasible to comply strictly with the requirements of the Zoning Code. 20. The owner has submitted the following as the basis for making findings to approve the project: Pool equipment enclosure; front yard Variance: 1) The proposed location is closer to the pool and offers a more efficient operation and energy usage; 2) The existing location, being close to the home, results in noise impacts to the applicant. The proposed location will be farther from both the applicant's and adjoining neighbor's ZC NO. 884 13 Outrider residence, thereby alleviating noise impacts; 3) The new enclosure will offer more space and enclosed work area; and 4) The new enclosure location will be far from public view and the equipment will be visually screened. Stable set -aside Variance: The findings of the 2009 Variance remain intact in that: 1) The lot as originally graded did not leave opportunity for creating a future stable pad without additional major grading; 2) The lot natural slope is excessive in the areas that are currently undisturbed, with 60% slope between the house and rear property line and 32% between the house and front; 3) The site was granted a stable set -aside Variance in the prior project (Resolution 2009-04) and the same conditions are still applicable. Disturbed Area Variance: 1) The existing disturbed area, already, at 45% exceeds the maximum 40% disturbed area allowed and the requested additional 9% is a relatively small percentage of the net lot area; 2) The purpose of the added disturbance is to provide adequate visitor parking which is a intermittent and temporary use, as opposed to accommodating a new permanent structure within the front yard; 3) Due to the placement of the building pad at the rear, a good portion of the lot's disturbed area is needed to accommodate the driveway. Retaining wall variance: 1) The retaining wall is generally less than 30-inches in height and will not be visible from public view; 2) The 20-foot wide side setback will remain an open area with occasional use for guest parking; 3) The overall impact, being that the encroachment into the setback is 5-feet generally (leaving 15 feet clear to the property line) will be minor. Site Plan Review: 1) The residential addition is minor in amount and will not alter the existing character and residential use on the property or of the surrounding neighborhood, nor will existing contours of the property be significantly altered; 2) Existing landscaping will be preserved and the proposed area to be graded will be covered with permeable pavers, and all otherwise native vegetation on the property will be preserved; 3) The existing lot coverage will be maintained as the new building area will be under an existing roofed area. 21. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 22. The Rolling Hills Community Association will review the project for architectural elements and design and for the proposed driveway apron in the easement at a later date. ZC NO.884 13 Outrider ZONING CASE NO. 884 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required for new structures, grading and if size of the residence increases by more than 999 sq. ft. in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum guideline) GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS 17.46.010 Purpose. EXISTING SINGLE FAMILY RESIDENCE & POOL Residence 3007sq.ft Garage 400 sq.ft Stable 0 sq.ft. Service 96 sq.ft Pool 553 sq.ft Pool eqp. 32 sq.ft. Porches 374 sq. ft. TOTAL 10.6% 25.2% 54% of 8,267 sq.ft. pad N/A PROPOSED ROOM ADDITION, POOL ENCLOSURE AND GRADING VARIANCES: FRONT YARD, WALL HEIGHT, DISTURBED AREA Residence 3252 sq.ft Garage 435 sq.ft Stable Service Pool/spa Pool eqpm. Porches 0 sq.ft. 96 sq.ft 553 sq.ft. 96 sq.ft. 132 sq. ft. 4,462 sq.ft. TOTAL 4,524 sq.ft 10.8% of 42,176 sq.ft. net lot area 26% of 42,176 sq.ft. net lot area 55.2% of 8,267 sq.ft. pad 69 cubic yards cut and 69 cubic yards fill, to be balanced on site 18,910 sq.ft. - 45% of lot 22,638 sq.ft. - 54% of lot VARIANCE GRANTED RESO. 2009-04 N/A Existing from Outrider N/A N/A SITE PLAN REVIEW CRITERIA VARIANCE GRANTED RESO. 2009-04 N/A Existing from Outrider Planning Commission review Planning Commission review The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the ZC NO. 884 13 Outrider • • scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findines. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 884 13 Outrider 10 • ai >6law, qiceld INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 6-A Mtg. Date: 09/24/15 TO: HONORABLE CHAIR AND MEMBERS OF THE TRAFFIC COMMISSION 0./ FROM: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: CONSIDERATION OF A NEW DRIVEWAY APRON AT 13 OUTRIDER ROAD (YOO). DATE: SEPTEMBER 24, 2015 ATTACHMENTS: Site Plan Traffic Engineer's Recommendation RECOMMENDATION It is recommended that the members of the Traffic Commission review and consider a request for a new 20'6" wide driveway apron at 13 Outrider Road. BACKGROUND/DISCUSSION The applicant, Mrs. Hang Ja Yoo of 13 Outrider Road requests to widen the driveway apron to the property. The property is located on a cul-de-sac and the current apron is 13'6" wide leading to a 13' wide driveway. The applicant is planning to reconstruct the driveway apron to a minimum flare of 20'6" at the point most parallel to the driveway to up to 60' in width as it flares out along the paved roadway. The new apron would be delineated and separated from the road paving by a 6-inch curb. The existing short retaining walls along the existing apron would be demolished. The applicant submitted an application to the Planning Commission to regrade portions of the driveway, including in the area of the new apron, so that the slope at the start of the driveway be no more than 5%. The Planning Commission will consider this application in October. Additionally, Rolling Hills Community Association approval of the apron is required. q l 2(1l 5 i/W/A' 5 aw e off 8 ?A"`5 • `PeA-: t‘: aA-lh-t5-1 leta 6-p • 440 •M The City's Traffic Engineer has reviewed the plans for the proposed driveway apron and per the attached report, found the proposed driveway approach acceptable. She will visit the site prior to the meeting and if necessary, provide additional information, at the meeting. Pursuant to Section 17.16.160 of the Zoning Ordinance, the driveway apron will be required to be roughened and the driveway itself may not be greater than 20' wide. Additionally, the first 20 feet of the driveway approach may not exceed a grade of 7%. The applicant was asked to stake the driveway apron. The Traffic Commission may wish to visit the site. NOTIFICATION The applicant, their representative, the Rolling Hills Community Association and the residents at 9, 11, 14, 16, 18 and 20 Outrider Road have been forwarded a copy of this staff report to advise them that the Traffic Commission will be reviewing this request. CONCLUSION The Traffic Commission recommendation will be forwarded to the City Council for approval. YS:hl 13Ou triderDriveway_s taffrpt.docx 0 OD im kfrofc.84017c Leo,&ID -f-.. 4 ,—.-..; / AN Ark•- //.ilk/ i/r. . / y t. l!%i-/ • •1.,%.!%!%i''J.�'✓' /. s✓F`y' �'*.%/i' r�''!!./.r/%'..!!. i^%1,,/ -ir ,:ter,.-.r. ;!; _ -9 . i-%.-.-r�-.�-,'_dui . ,.--.• �i.2- . ,t . ram. .-% !,r/�./ :%.� d ,44. 6 oNiiNvo 42178 2R, •ti • ea Memorandum TO: Raymond R. Cruz, City Manager FROM: Vanessa Munoz, City Traffic Engineer DATE: September 17, 2015 SUBJECT: 13 Outrider Road Driveway WI LLDAN Engineering This memorandum is in response to the request by the City to review and provide input to the proposed driveway being requested by the residents of 13 Outrider Road. The proposed driveway as shown by the site plan provides a 20.5-foot driveway approach and a 13-foot aisle. The driveway's existing location and width will remain, the modification is to the width of driveway approach from the existing 13-foot to 20.5-foot. The proposed driveway 20.5-foot approach is acceptable and will provide a smoother egress/ingress to the property. A field observation of the proposed improvement will be performed prior to the traffic commission meeting and additional information if deemed necessary will be provided orally at the meeting. Presently the proposed driveway approach has not yet been staked and no field observation may be performed. lV • C410/./EJt J/d/ • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Agenda Item No.: 4A Mtg. Date: 5/11/09 DATE: MAY 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION NO. 2009-04. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE REQUIREMENT THAT A STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE IN ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 768, AT 13 OUTRIDER ROAD, (LOT 94-A-EF), (HANG JA YOO ). RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST 1. Request for a Variance from the requirement that a stable and corral be constructed or an area for a future stable and corral be set aside in order to improve their property by 4dding 629 square feet to the existing residence. BACKGROUND 2. The Planning Commission adopted Resolution No. 2009-04 with conditions at their April 21, 2009 meeting. The vote was unanimous by those Commissioners present. Two commissioners were absent and excused at that meeting. However, at ZC NO. 768 City Council 1.0 Printed on Recycled Paper • the meeting where the Commission directed staff to prepare a resolution of approval, all Commissioners concurred. The attached Resolution No. 2009-04 contains standard findings of facts and conditions including: • That any further development on the property be reviewed by the Planning Commission ® That this Variance approval is applicable to the current request for addition only ▪ That this approval does not preclude current or future owner from applying to the City for a stable • That if trees are planted, they may not be, at maturity, taller than the ridgeline of the residence 3. 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. The property is located at the end of a cul-de-sac and the development is accessed from Outrider Road via a long driveway. The lot has two street frontages, Outrider and Eastfield. The existing building pad and the residence is located in the rear of the lot, closer to Eastfield Drive than to Outrider Road. The property slopes upwards from the front to the rear, from 1020-foot elevation to 1070-foot elevation at the edge of the building pad in approximately 150 feet on the north side of the property and from 1030-foot elevation to 1070-foot elevation in 104 feet along the south side of the property. 4. In August 2008, the applicant submitted an application for a new 3,854 square foot new residence with 440 square feet attached porches, 629 square foot garage, 3,874 square foot basement, 689 square foot swimming pool/spa, service yard, and barbeque area. The existing house was to be demolished and the driveway widened. Variances were also requested to locate the area for future stable in the front yard of the lot, to construct 5-foot walls in the front yard area and to exceed the maximum permitted disturbed area (53.1%). In order to enlarge the existing building pad area for the proposed residence and to create a pad for a future stable several 5-foot walls were proposed in front of the residence. Proposed grading was 2,725 cubic yards of cut and 2,725 cubic yards of fill, (5,500 c.y. total). 5. Recognizing the Planning Commission's concerns over the proposed development including the many Variances, high walls in the front and grading of the natural slopes, the applicant withdrew the application for the new residence and grading and is now proposing to remodel and add 629 square feet to the existing residence. 6. Currently the property is developed with a 2,440 square foot residence, 400 square foot garage and 553 square foot swimming pool on an 8,267 square foot building pad area, and the disturbed area is 45% of the net lot, (40% max.). There is a retaining wall in the rear setback, which will remain as well as several existing ZC NO. 768 City Council 2 stone retaining walls along the side and rear of the property in the rear and side yard setbacks. 7. No changes are proposed to the existing configuration of the lot, building pad or the structures, except for the 629 square foot addition, which is mostly under the existing roofline. No grading is proposed. The addition of 629 sq.ft. is subject to administrative approval, but because the applicant cannot provide a stable without substantial grading and/or variance, the matter must be reviewed by the Planning Commission. 8. Pursuant to Section 17.16.170 of the Zoning Ordinance, any addition, new residence or construction of a pool or other accessory structure, requires that a stable/corral be constructed or an area for a future stable/corral be set -aside on the property. 9. Due to the location of the residence, in the rear of the lot, the only area for a future stable that could be set aside is in the front yard area, which would require a Variance approval. The applicant requests a Variance from the requirement that an area for a stable and corral be set aside. The existing building pad could not accommodate a stable and corral. The applicant has no plans to construct a stable, nor wishes to grade the natural terrain of the lot to create a pad for a future stable. 10. Building records show that in 1960 a grading permit was issued, which expired, and in 1961 another grading permit was issued to correct and complete previous grading, which was completed in 1963. Permit for retaining walls was issued in 1962. A 2,703 square foot residence and 600 square foot pool were completed in 1963. In 2008 building permit was pulled for replacement of windows. 11. In the past eight years two applications for variance to not to construct or set aside an area for a stable/corral were granted. The topography of the lot and amount of grading that it would required to provide for a stable and corral were the justification for the variance, as it is in this case. MUNICIPAL CODE COMPLIANCE 12. The net lot area of the lot is 42,176 square feet. The structural lot coverage is proposed at 4,524 square feet or 11.0% of the net lot area, which includes all of the structures, (20% permitted). The total lot coverage proposed, including structures and flatwork is 10,675 square feet or 25.0% of the net lot area, (35% permitted). The driveway is over 4,200 square feet in area, which contributes to the, total lot coverage. The applicant proposes to reduce approximately 148 square foot of hardscape and replace it with landscaping. ZC NO. 768 City Council 3 • • 13. The residential building pad is 8,267 square feet. Coverage on this building pad will be 4,177 square feet or 50.5% (not including a portion of the porch). Currently the building pad coverage is 46.2%. The building pad will not be enlarged to accommodate the addition. 14. The property slopes in an easterly direction towards Outrider Road and all of the drainage is carried down -slope. No change to the drainage pattern is proposed. 15. Forty five (45%) percent of the lot was previously disturbed. At the time the property was graded there was no provisions for maximum disturbance. Therefore, the disturbance of 45% of the lot is legal, nonconforming. 16. In response for justification for the Variance request to be exempt from the requirement for a set aside area for the stable and corral, the applicant's agent states that due to the slope and configuration of the lot and the location of the building pad towards the rear of the lot, there is no room to set aside or construct a stable in the rear of the existing pad. He further states, "with this Variance the project can be completed without increasing the disturbed area on the property, as the house addition is within the existing paved area. There be no change to grading, drainage and the existing natural landscape and views will be preserved. As the front of the property will remain undisturbed, there will always be the option of building a stable/corral in the future". 17. It will be required that all utility lines to the property be placed underground, that the roof material of the residence meet City and RHCA standards, that lighting ordinance provisions are met and that all other Zoning and Building Code provisions are met. CONCLUSION 18. This is a unique lot in that it has a double frontage and a driveway that is very long. The building pad and the residence are located in the rear, with no area further back for a stable and corral. The front of the lot is undisturbed, other than for the driveway and if a stable was to be constructed, it would have to be constructed in the front, which would require a Variance. Additional Variance would need to be granted to exceed the already nonconforming disturbance of the lot. 19. When reviewing a development application the Planning Commission considered 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 ZC NO.768 City Council 4 1 Hills. In addition, the Commission must determine if the project meets the Variance criteria enclosed with this report. 20. In reviewing this application, the Commission considered the topography of the property, the previously graded pad located at the rear of the property, which necessitated a very long driveway and the general size of the lot and the modest size of the proposed development. 21. As stated earlier, the disturbance on this lot already exceeds the maximum permitted. Should this request be denied, additional grading and disturbance of the natural terrain would be required to set aside an area in the front yard, which also requires a Variance. It is important to note that the addition to the residence is not in an area of the lot where a stable could be build. The requirement that a stable be located 35 feet from a residential use would preclude a stable to be constructed in the area of the additions. This Variance, if granted, could only apply to the current proposal, with a condition that if in the future, additional grading is proposed to enlarge the building pad or when a new house is proposed, then the stable issue would be re- visited. 22. The 50.5% proposed residential building pad area coverage seems excessive, however it is a guideline and therefore, the Commission has discretion to approve it without requiring a Variance. The existing coverage on the building pad, 46.7%, also exceeds the maximum allowed by the guideline and the topographic nature of the lot makes it infeasible to comply strictly with the requirements of the Zoning Code. OTHER AGENCIES REVIEW 23. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 24. The Rolling Hills Community Association Architectural Committee reviewed the project and determined that there may be issues in how the existing roof can be lengthen to meet the new addition. The applicants are working with the architectural committee to resolve this issue. If there are substantial changes to the approved plan, it will be brought back to the Planning Commission. ZC NO. 768 City Council 5 ZONING CASE NO. 768 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required for new structures and if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) STABLE GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 so. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC NO. 768 City Council EXISTING SINGLE FAMILY RESIDENCE & POOL Residence 2440 sq.ft Porches 678 sq.ft. Garage 400 sq.ft Stable 0 sq.ft. Service 0 sq.ft Pool 553 sq.ft Pool eqp. 32 sq.ft. PROPOSED ADDITION VARIANCE FROM REQUIRING STABLE/CORRAL Residence Garage Stable Service Pool/spa Pool eqpm. Porches 3069 sq.ft 400 sq.ft 0 sq.ft. 96 sq.ft 553 sq.ft. 32 sq.ft. 374 sq.ft. TOTAL 4,103 sq.ft. TOTAL 4,524 sq.ft 10.0% 11.0% of 42,176 sq.ft. net lot area 24.9% 25.3% of 42,176 sq.ft. net lot area (reducing patio area) 46.2% of 8,267 sq.ft. 50.5% of 8,267 sq.ft. pad pad (excluding portion (excluding 347 sq.ft. of the of porch) porch) N/A 18,910 sq.ft. - 45% of lot was previously disturbed Existing from Outrider N/A N/A 6 NONE 18,910 sq.ft. - 45% of lot was previously disturbed REQUEST FOR A VARIANCE N/A Existing from Outrider Planning Commission condition Planning Commission condition NEARBY PROPERTIES For information purposes only ADDRESS OWNER 44 Eastfield Kunkle 16 Outrider Gardner 14 Outrider Sugiyama 11 Outrider iaUssallr 9 Outrider /Woerz AVERAGE/ 13 Outrider ( Joo RESIDENCE in square feet *3,183 3,121 V .510 . 3,420 2,304 3,276 ,xl in 4O Proposed 3,069 `--- 4 vi SOURCE: Assessor' Records * City Records The above calcu tions do not include garages, basements or other structures on the lot ill DVS- 5 all GROSS LOT AREA in sq.ft. (not incl. roadway easements) CONSTRUCTED or REMODELED CRITERIA FOR VARIANCES 35,720 98,450 i/ 135,470 52,270 4 , 28,310 t/ 70,044 51,400 Recently Zoo eompleted , 1951/1974 V 2003 t1 1952/1961' Ni 1953/1962 At 1962 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 768 City Council 7 RESOLUTION NO. 2009-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE REQUIREMENT THAT A STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE IN ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 768, AT 13 OUTRIDER ROAD, (LOT 94-A-EF), (HANG JA YOO ). THE PLANNING COMMISSION OF THE CITY OF ROLLING HJLLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mrs. Hang Ja Yoo with respect to real property located at 13 Outrider Road, Rolling Hills (Lot 94-A-EF) requesting a Variance from the requirement that a stable and corral be constructed or an area for a future stable and corral be set aside in order to improve their property by adding 629 square foot addition to the existing residence. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application and at a regular meeting on March 17, 2009, April 21, 2009 and at a field trip on April 7, 2009. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and her representatives were in attendance at the hearings. Section 3. 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. The property is located at the end of a cul-de-sac and the development is accessed from Outrider Road via a long driveway. The lot has two street frontages, Outrider and Eastfield. The existing building pad and the residence is located in the rear of the lot, closer to Eastfield Drive than to Outrider Road. The property slopes upwards from the front to the rear, from 1020 elevation to 1070 elevation of the building pad in approximately 150 feet on the north side of the property and from 1030 to 1070 elevation in 104 feet along the south side of the property. In August 2008, the applicant submitted an application for a new 3,854 square foot new residence with 440 square feet attached porches, 629 square foot garage, 3,874 square foot basement, 689 square foot swimming pool/spa, service yard, and barbeque area. The existing house was to be demolished and the driveway widened. Variances were also requested to locate the area for future stable in the front yard of the lot, to construct 5-foot walls in the front yard area and to exceed the maximum permitted disturbed area (53.1%). In order to enlarge the existing building pad area for the proposed residence and to create a pad for a future stable several 5-foot walls were proposed in front of the residence. Proposed grading was 2,725 cubic yards of cut and 2,725 cubic yards of fill, (5,500 c.y. total). 2C NO. 768 Reso. 2009-04 (-9 -viN ' uu Recognizing the Planning Commission's concerns over the proposed development including the many Variances and grading, the applicant withdrew the application for the new residence and grading and is now proposing to remodel and add 629 square feet to the existing residence. 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. The Planning Commission considered the request for the Variance and reviewed the shape of the existing structure and the extreme slope in front of the existing building pad. The Planning Commission, after lengthy consideration and discussion, came to the conclusion that the configuration and the topography of the lot could not support the construction of a stable and corral without substantial grading and importation of soil. By granting this Variance the City is not setting a precedent for similar requests in the future because it makes its determination on the unique characteristics of this property and the current circumstances. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. 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. 170 is required because it states that every lot or parcel for which an approval is required shall have an area developed with or set aside for a combination stable and corral of a minimum of 1,000 square feet, and accessway thereto that does not exceed a slope of 25%. Further, Section 17.16.200 states that stable and corral shall not be located on a portion of the lot where the slope is greater than four to one (25%). The applicant is requesting a Variance to not to set aside an area for a stable and corral. 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 properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot, when there was no requirement that an area for a stable and corral be set aside. Subject property, together with e adjoining properties, was developed on a small building pad with steep ..lopes descending towards Outrider Road. The slopes beyond the existing building pad descend at a gradient of 33% to 38%. These slopes could not support construction of a stable and corral without substantial grading and importation of soil. These circumstances currently exist and the proposed project 2C NO. 768 Reso. 2009-04 2 does not create the inability nor contribute to these circumstances that necessitate this Variance. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The existing residence is one of the smallest on the block and consists of 2,440 square feet with a 400 square foot garage. With the addition of 629 square feet, the residence would still be smaller than most of the homes in the vicinity. The application for the addition triggers the requirement that an area for a stable and corral be set aside. The proposed addition is not the cause for the inability to set aside an area for a stable and corral on the lot because the existing building pad could not accommodate a stable and corral that would meet the Health Department's and City's requirement that a stable and corral be located not less than 35 feet to residential structure. 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. There is no suitable area on the property to construct a stable and corral. The variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The improvements to the residence will benefit the entire neighborhood. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that no grading is required for the addition, and by granting the variance to not to construct or set aside an area for a stable and corral no grading will occur in the future and the natural terrain and vistas will be preserved. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because in order to construct a stable and corral substantial grading would have to be undertaken and importation of soil would be required, which is not in keeping with the goal of the General Plan. In addition, Variances would have to be granted to construct the stable in the front yard and to exceed the already non -conforming disturbance of the lot. F. The project conforms to the requirements of the California Environmental Quality Act and the Los Angeles County Hazardous Waste Management Plan. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance in Zoning Case No. 768 to not to set aside an area for a future stable and corral, subject to the following conditions: A. The Variance from the requirement that stable and corral be constructed or that an area be set aside for a future stable and corral shall be applicable to the current request for addition only. B. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not ZC NO. 768 3 Reso. 2009-04 0.) • • preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. C. It is declared and made a condition of this Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has 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 this 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 March 5, 2009 except as otherwise provided in these conditions. F. The property owners shall comply with the requirements of the Lighting Ordinance, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. Structural lot coverage shall not exceed 4,524 square feet or 11.0% in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 10,675 square feet or 25.0% in conformance with total lot coverage limitations. K. The disturbed area of the lot shall not exceed 18,910 square feet or 45.0% in conformance with disturbed area limitations. L. Residential building pad coverage on the 8,267 square foot residential building pad (not in setbacks) shall not exceed 4,177 square feet or 50.5%, which do not include portion of the porch. M. There shall be no grading for this project. N. If new landscaping is introduced for this project, the landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray. Further, landscaping shall be designed using mature trees and shrubs so as not 4 ® ZC NO. 768 Reso. 2009-04 4 to obstruct views of neighboring properties but to screen the project. If new trees or shrubs are planned in conjunction with this project, at maturity, they shall not be higher than the ridge height of the residence. Q. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. P. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. Q. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. 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. If a construction fence is erected during construction, it shall not be located in easement or cross over trails, if any. T. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. U. During construction all easements shall remain clear and free of debris, vehicles, building . materials, building equipment and all other construction objects, except when it is necessary to park during working hours in the roadway easement. V. 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. W. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. X. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition E. ZC NO. 768 Reso. 2009-04 5 02_ • • Y. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any future grading or structural development on the property shall require the filing of a new application for approval by the Planning Commission. Z. The applicant shall execute an Affidavit of Acceptance of all conditions of this approval pursuant to Section 17.38.060, or the approval shall not be effective. • AA. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AB. 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. AC. The conditions of approval specified herein shall be printed on the plans submitted to RHCA and to LA County Building and Safety for plan check and on all subsequent plans. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF APRIL 2009. e ,, j ( i K C '1,ItiGv� e 1' f 4-zt, 1-1I i If ICHARD HEN KE, CHAIRMAN ATTEST: 001 HEIDI LUCE, INTERIM DEPUTY CITY CLERK ZC NO. 768 Reso. 2009-04 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2009-04 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE REQUIREMENT THAT A STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE IN ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 768, AT 13 OUTRIDER ROAD, (LOT 94-A-EF), (HANG JA YOO). was approved and adopted at a regular meeting of the Planning Commission on April 21, 2009 by the following roll call vote: AYES: Commissioners Smith, Witte and Chairman Henke. NOES: None. ABSENT: Commissioners DeRoy and Pieper. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. !) JAL 0, Li, INTERIM DEPUTY CITY CLERK ZC NO. 768 Reso. 2009-04