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801, Extension to Construct tennis , Staff Reports• • ge-st Ree&if ge& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date 3/19/13 Agenda Item: 6A TO: HONORABLE VICE-CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: REQUEST FOR TIME EXTENSION IN ZONING CASE NO. 801 BACKGROUND Attached is a request from Dr. and Mrs. Juma Bharadia, property owners of 16 Pine Tree Lane, requesting two-year time extension to commence construction of their previously approved addition to the residence. On May 17, 2011, by Resolution No. 2011-07 the Planning Commission approved a Site Plan Review and a CUP for a tennis court and Variances for grading and to construct an addition to the residence. The construction of the tennis court is nearing completion, however the applicants have not processed the construction application and plans for the addition or commenced the construction of the addition. Since no permits were obtained for the addition in combination with the tennis court, once the tennis court is signed off by the building inspector, there will be no open permit under which to commence the construction of the addition. Since the project was approved under one application and resolution, the expiration date applies to both, the tennis court and the addition. One of the conditions of approval requires that the project commence within two years of the effective date of the resolution. Pursuant to Section 17.38.070 of the Zoning Ordinance, the Planning Commission may extend the approval for up to a maximum of two years. In the request Dr. Bharadia state that he was concentrating on the construction of the tennis court before embarking on a new project. RECOMMENDATION It is recommended that the Planning Commission consider the request and adopt Resolution No. 2013-05 granting the request to extend the time to commence the project. The resolution specifies 24-months extension. Monday, March 4, 201 :27:10 PM Pacific Standard Time Subject: Re: Dwelling Extension Date: Monday, March 4, 2013 4:05:11 PM Pacific Standard Time From: Juma Bharadia To: Yolanta Schwartz Hello Yolanta, I would like to put an extension for the expansion of dwelling at 16, Pine Tree Lane. I would like the extension of 2 years. We intend to complete all the procedures related to the tennis court before embarking on a new project. Thank You. Puma Bharadia radia Juma Bharadia, M.D., Inc. (DBA: iCardiology) 22617 Hawthorne Blvd. Torrance, CA 90505 Phone: (310) 378-3993 Fax: (310) 378-5335 www.i-cardiolow.net ** INTERNET CONFIDENTIALITY NOTICE ** This communication and any accompanying documents are confidential information intended only for the use of the person to whom it is addressed. If the reader of this message is not the named recipient or an employee or agent responsible for delivering this message to the named recipient, please notify us immediately that you have received this message in error. Then delete this message and any accompanying documents without copying or reading them. You are hereby notified that any review, disclosure, dissemination, copying distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. Email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. City o• y. Rolling Hills • • RESOLUTION NO. 2013-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO A PREVIOSULY APPROVED PROJECT FOR SITE PLAN REVIEW, CONDITIONAL USE PERMIT AND VARIANCES IN ZONING CASE NO. 801, AT 16 PINE TREE LANE, (LOT 81-RH), (BHARADIA). 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 Dr. and Mrs. Juma Bharadia with respect to real property located at 16 Pine Tree Lane requesting two year time extension to comply with the requirements of Resolution No. 2011-07 to commence certain construction. Section 2. The Commission considered this item at a meeting on March 19, 2013 at which time information was presented indicating that additional time is needed to process and implement the project. Section 3. Based upon information and evidence submitted, the Planning Commission grants two year time extension and does hereby amend Paragraph A, Section 8 of Resolution No. 2011-07, dated May 17, 2011 to read as follows: A. The Site Plan Review, Conditional Use Permit and Variances approvals shall expire within four years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A), 17.37.070(A) and 17.42.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2011-07 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2013. BRAD CHELF, VICE-CHAIRMAN ATTEST: HEIDI LUCE DEPUTY CITY CLERK • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2013-05 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TIME EXTENSION TO A PREVIOSULY APPROVED PROJECT FOR SITE PLAN REVIEW, CONDITIONAL USE PERMIT AND VARIANCES IN ZONING CASE NO. 801, AT 16 PINE TREE LANE, (LOT 81-RH), (BHARADIA). was approved and adopted at a regular meeting of the Planning Commission on March 19, 2013 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE DEPUTY CITY CLERK eere/ Reel", qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4B Mtg. Date: 6-13-11 DATE: JUNE 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION NO. 2011-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A TENNIS COURT, A SITE PLAN REVIEW FOR GRADING FOR THE TENNIS COURT AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED GRADING QUANTITIES AND THE MAXIMUM PERMITTED GRADED AREA FOR A TENNIS COURT AND A VARIANCE TO ENCROACH WITH AN ADDITION TO THE RESIDENCE INTO THE SIDE YARD SETBACK ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 801, AT 16 PINE TREE LANE (LOT 81-1-RH), (BHARADIA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION 1. ' Dr. and Mrs. Bharadia request Conditional Use Permit (CUP), Site Plan Review (SPR), and Variances for a proposed 6,502 square foot tennis court and a Variance to encroach with 8 feet with an addition into the side yard setback on a property currently developed with a single family residence and accessory structures. The CUP is required because of the accessory sport court use, the SPR because grading is proposed, and ZC NO. 801 16 Pine Tree Ln. • Variances are required theof(1,430andth e because quantity grading c.y.) t e surface area of grading (11,240 sq.ft.) exceed the maximum permitted for a sports court. A portion of the existing residence currently encroaches into the required side yard setback. 2. The Planning Commission adopted the attached Resolution by a 4-0-1-0 vote, granting the request. Chairperson Smith was absent and excused. When the Planning Commission voted to direct staff to bring forth resolution of approval Chairperson Smith abstained. Chairperson Smith stated that the reason she abstained is that she felt that the development of the tennis court does not meet the intent and spirit of the General Plan in that it disturbs too large of a natural area of the lot. She also stated that the set aside area for a future stable and corral is not practicable for such construction. The resolution contains standard findings of facts and conditions, including: a. No parking is allowed in the cul-de-sac or on Pine Tree Lane. b. If access for construction is to be from the adjacent vacant lot, the applicant shall obtain permission, and proof submitted to City, from the property owners of said lot c. There shall be no grading on the adjacent lot for access to the construction site d. The applicant shall submit pictures of the adjacent site in the area of the access before and after construction e. The area used for access shall be returned to the pre -construction condition f. All conditions for a tennis court in Section 17.16.210 A7 shall be met, except where a Variance is granted g. The approval includes variances for the additional area of grading and greater quantity of grading to eliminate a 5' wall h. Access to the tennis court, after its completion, shall be provided on the same lot as the tennis court. The on grade existing access shall be utilized, which may not be graded. i. The tennis court shall be screened with shrubs and trees in a manner that would not result in a hedge like design and the trees at full maturity shall not result in obstructing of views. j. A landscaping plan and a bond (plus.15%) shall be submitted and held by the City for the landscaping. When approving this project, the Planning Commission found that the, project is tucked in and will be landscaped and screened from view from adjacent residents; the lot is large and significant portions of the lot will be left undeveloped so as to maintain open space on the property and maintain natural terrain; the project is not located in a canyon or on existing slopes that exceed 25%; the lot would not look overbuilt; the existing encroachment into the setback is greater than the proposed addition encroachment. BACKGROUND 3. The property is currently developed with a 4,749 square foot residence, 484 square foot garage, 759 square foot swimming pool, 597 square foot detached pool house, 200 square foot trellis, 122 square foot barbeque area and 129 square foot entryway. As ZC No. 801 16 Pine Tree Ln. -2- • • indicated on the submitted Site Plan, an area has been set aside for a future stable and corral. The main residence was originally built in 1957, and over the years has undergone a number of additions and remodeling . (1957, 1966, 1967, 1977). In 2001 an extension of Pine Tree Lane and a new cul-de-sac were constructed, which was required for a lot -split approved for the site in 1996. 4. The applicants propose to demolish the existing 484 square foot garage and replace it with an 800 square foot garage, add a new entryway and a 975 square foot basement. With the dedication of the extension of Pine Tree Lane to the RHCA as a roadway easement, as part of the subdivision, the current residence and portion of the proposed residence would encroach into the side setback. 436 square feet of the existing residence encroaches between 8 and 20 feet into the side yard setback. Pursuant to the Zoning Ordinance a side yard setback of 35-feet is required in the RAS-2 zone, except that if a dedicated and developed roadway is adjacent to the side yard, then the setback is measured 25-feet from the roadway easement line. 5. The property is zoned RAS-2. The gross lot area is 2.73 acres. The net lot area for construction purposes is 2.31 acres or 100,624 square feet. Prior to the roadway easement dedication, the setback was measured from the property line, whereas after the dedication it is measured from the roadway easement line. 6. The applicants also propose to construct a 6,502 square foot tennis court towards the rear of the lot. A maximum 4-foot tall wall will be constructed along the interior sides of the court, and a 10-foot fence is proposed to wrap around the entire court. City's ordinance is silent on the height of tennis court fences. RHCA regulations allow maximum 10' high tennis court fences. MUNICIPAL CODE COMPLIANCE 7. To accommodate the new court surface, the applicant proposes to grade a maximum 2:1 slope on the south and east sides of the proposed court. The proposed earthwork would involve a total cut and fill of 1,430 cubic yards, which will remain on site including re -compaction. Vegetation is proposed along the sides of the court. The applicants propose to utilize a path along the existing natural grade to access the court from the pool area above. 8. The project requires a Conditional Use Permit for the recreational court use (RHMC 17.16.2109.A.7) and a Site Plan Review due to the grading (RHMC 17.46.020A.1). Variances are required for the tennis court because the amount of total graded material proposed (1,430 cubic yards) exceeds the maximum permitted (750 cubic yards) and the area of grading permitted (10,000 sq.ft.) exceeds the maximum permitted by 1,240 square feet and is proposed at 11,240 sq.ft. A Variance is also requested for the encroachment of the addition to the residence into the side yard setback. 9. Originally a not to exceed 5-foot high wall was proposed at the limit of grading for the tennis court, which would reduce the graded area by 1,000 sq.ft. The Planning Commission inquired if the wall could be -Dowered or eliminated, if more surface area was ZC No. 801 16 Pine Tree Ln. • • allowed to be disturbed. The applicant proposed, and the Commission approved a continuation of the 2:1 slope from the tennis court, without the 5' wall. 10. The proposed 9,120 square foot pad for the new court will have 71.3% coverage. Although exceeding the guideline of maximum 30% coverage, the coverage proposed for the court is considered necessary to achieve the owner's goal for a recreational tennis court. The residential building pad is 12,800 square feet and will have coverage of 6,091 sq.ft. or 47.6%. Currently the pad coverage is at 41.6%. The pool pad is 3,950 square feet and has coverage of 1,420 sq.ft. or 35.9%. 11. The structural lot coverage is proposed at 14,663 square feet or 14.6%, which includes all the structures, including the tennis court (20% permitted); and the total lot coverage including the structures and all paved areas is proposed to be 25,960 square feet or 25.8% (35% permitted). 10. With the project, (including future stable and corral) 37,572 square feet or 37.3%.of the lot will be disturbed, an increase of 12.6% compared to existing, (40% total disturbance permitted). 11. Section 17.16.210 (A)(7) of the Zoning Ordinance contains conditions for recreational game courts, subject to approval of a use permit. These conditions, listed below, are intended to ensure that such structures: are ancillary recreational uses, do not eliminate an existing or future development for a stable, do not create visual or other impacts and blend in with the existing topography and landscape or views. Recreational Game Courts are defined as: tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes. They shall adhere to the following conditions: REQUIREMENTS: A legally required and accessible stable and corral area shall be provided on site A game court shall not be located in the front yard or any setback; A game court shall not be located within fifty feet of any paved road or street easements; Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade; ZC No. 801 16 Pine Tree Ln. PROPOSED: 1,000'sq.ft. accessible area is provided for a future stable and corral Proposed project is not in setback or front yard Proposed project is not located within fifty feet of any paved road or street easements 4' high retaining wall proposed along two sides of the inside court perimeter. This wall will not be visible from outside the court. • The construction of a game court shall conform to the lot coverage limitations as set forth in Section 17.16.070; A game court shall not be located on a slope that exceeds a 2:1 grade; A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of 750 cubic yards; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 square feet; The existing topography, flora and natural features of the site shall be retained to the greatest extent possible; Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer; A game court shall be adequately screened on all four sides; Landscape screening shall include native or other drought -tolerant mature trees and shrubs, which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council. Landscaping shall not interfere with the views of surrounding properties or pursuant to Chapter 17.26; Game court lighting shall not be permitted; Design and construction of a game court shall include methods to mitigate visual and noise impacts. ZC No. 801 16 Pine Tree Ln. All development standards for coverage are within the permitted standards Existing slope in court location is 4.5:1 (in compliance) Location of proposed court is not in a canyon or in a natural drainage course Grading proposed to be balanced on site; however a Variance is requested because total is greater than 750 c.y. of dirt allowed. (1,430 c.y. is proposed). Graded area for the proposed court exceeds 10,000 sq.ft. (11,240 sq.ft.) and requires a Variance. Grading is proposed only to accommodate the sports court. Drainage improvement proposed - water collected on court to be conveyed to a dissipater to the rear, below the court area. Detailed landscaping plan is required during project plan -check. Conceptual plan shows vegetation to be planted on exterior sides of court for visual screening. Planning Commission condition to require that the applicant submit detailed plan. Landscaping bond is also required. Landscaping to be planted around court perimeter to be designed to screen the perimeter fencing, not in hedge like configuration. Condition imposed prohibiting lighting. Landscaping plan to be required for purpose of beautifying, and buffering the development. Daytime use only will minimize noise. • • 12. The plan provides for installation of a 6-inch diameter inlet pipe that will collect water at the outer northeast corner of the court and direct it to a dissipater at the base of the slope behind the court. This will prevent erosion of the slope below the court. CONCLUSION 13. When reviewing this 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 Hills. 14. A tennis court is a use that requires a conditional use permit and must meet certain criteria as set by the State Zoning and Planning Law. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 15. With respect to the Conditional Use Permit, the applicants' representative states that the location of the proposed tennis court is the most ideal on the lot, and there are other recreational facilities in the neighborhood. The location will not obstruct views or be a nuisance to other residences and is isolated from other properties. With respect to the Site Plan Review, the applicant's representative states that the proposed grading is the minimum needed to create an almost regulation size court while maintaining all slope, drainage, setback and other requirements. 16. In response for justification for the Variances request to exceed the maximum permitted grading quantities and area of grading, the applicant's agent states that the current requirements for grading are not reasonable or practical in a hillside community. 750 cubic yards total, allows only 3-feet of depth over a 7,200 square foot area. The additional graded area is the minimum necessary to construct an almost regulation sized tennis court. The property overall, with 25.6% total coverage, which includes the court is not overbuilt. 17. With respect to the request for an addition that encroaches into the side setback, the applicant states that when the property was subdivided, the access was not a roadway easement and the setbacks were calculated differently. Since the RHCA took possession of the access as a roadway easement, the setbacks have changed in mid -stream of having the project approved. With the changes in the setbacks, a portion of the existing house encroaches into the side setback and is nonconforming. 18. Rolling Hills Community Association will review this project at a later date. 19. The project has been determined to be categorically exempt pursuant to Section 15303 (e) of the California Environm i al Quality Act (CEQA) Guidelines in that it ZC No. 801 16 Pine Tree Ln. • • involves construction of a new accessory structure to the primary residential use and a small addition to an existing residence. Zoning Case 801 SITE PLAN REVIEW II EXISTING RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line SINGLE FAMILY RESIDENCE Side: 35 ft. from side property line AND ACCESSORY Rear: 50 ft. from rear property line STRUCTURES Residence Garage Service yard Pool Pool equip. Pool house Stable (future) Entry Trellis Outdoor Kitchen Sports Court Basement I TOTAL GRADING N/A. Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.) must be balanced on -site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential Pool pad Tennis Court Stable (future) 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 (min. 450 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC No. 801 16 Pine Tree Ln. 4749 sq.ft. 484 sq.ft 96 sq.ft 759 sq.ft 64 sq.ft. 597 sq.ft. 0 sq.ft 129 sq.ft. 200 sq.ft. 122 sq.ft. 7,200 sq.ft. II PROPOSED TENNIS COURT AND ADDITION (SPR, CUP and VARIANCES) Residence Garage Service yard Pool Pool equipm. Pool house Stable (future) Entry Trellis Outdoor Kitchen Sports Court Basement TOTAL 1,430 cubic yd total 715 cubic yd cut / 715 -Variance required 4924 sq.ft. 800 sq.ft. 96 sq.ft. 759 sq.ft. 64 sq.ft. 597 sq.ft. 450 sq.ft. 129 sq.ft. 200 sq.ft. 122 sq.ft. 6502 sq.ft. 975 sq.ft. 14,785 sq.ft cubic yd fill 6.7% I 14,663 s.f. or 14.6% of 100,624 sq.ft. net lot area (excl. bbq) 118.2% 125,960 s.f. or 25.8% of 100,624 sq.ft. net lot area 41.6% 35.9% of 3,950 sq.ft. pad 24.7% N/A N/A IExisting driveway approach from Pine Tree Lane. I N/A I N/A CO 47.6% of 12,800 sq.ft. pad 35.9% of 3,950 sq.ft. pad 71.3% of 9,120 sq. ft. pad 45% 37.3% (w/future stable) Future Future path adjacent to driveway north-west of home Existing driveway approach from Pine Tree Lane. Planning Commission conditions Planning Commission conditions • • SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 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. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. 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 ZC No. 801 16 Pine Tree Ln. • 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. SOURCE:. City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Reauired 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. 801 16 Pine Tree Ln. 7569 13 .CALE 1" = 200' 2009 6cp ‚Si CODE 7054 O 83 5669 Ac i. cc / T ROLLING HILLS M.B. 20r-29-35 e58 TRACT NO.28954 M. B. 821 -53-54 FOR PREY. ASSM'T. SEE: 466-11,14817 3043 honrd .3 -O rP.•ru. Area 120'Ac. 57083 dc.' 44,3..040 rode-rrdr(4 •` 7.116c sas fel 2 ;5 cot e 2 233 TRACT awer3•324 8 M .B. 968-33-34 40 70 w1 s v 3s , e• s 9iras - 1 • NO 3 - Bo1 PARCEL MAP PM. 167-54 -55 K. hr. NI. sr., sr�6�i Ease 36 '85.83 Zj 1 43177 86 5.64`/1 268..60 � 7r O D DO ti TALLEY HANDr.__Y- ;,;'a 87 4 Pvr Dew J PARCEL MAP PM.308-50- 51 .39C/2 I 1:4' 1 1 pro\ I `. r \ •y i t 4/041 ' 0 a ' 0 .197,0 CD 2 �� r5 - S '-7 - Doe..._ o5f PARCEL MAP P.M.290-26 - 28. All acreage; on this page are II net eiccpt those tabled. REVISED IO2660I 8:0'202,77 030227oo8-,94 1999J,•902oo7,,'/-14 200205/70200/00r-/4 • i ASSESSOR'S 'IQP COUNTY OF I_O:, ANCELES, CALIF. • Tuesday, April 19, 2011 7:24 AM Subject: #16 Pine Trees construction Date: Friday, April 15, 2011 4:17 PM From: Judith Hassoldt <hassoldt@earthlink.net> To: <YS@cityofrh.net> • Yolanta;,, 4/15/11 I would like information from me to reach the Plannng Commission. I am requesting that the project site at #16 be fenced and that parking be provided by the owner. We are all familiar with the fire code as it relates to the cul de sac.it is a non parking area. My private properties are adjacent to the construction area and I would like the Planning Commission to consider my private property rights and to direct the owner to provide parking for his project. all cars, trucks, grader et all off my properties. I am concerned about the excess grading and the use of set backs for his project. The house is in the set back and at that time an exception was made. With the set back uses that are being proposed this property established a precedent for all the future development in our city and especially on Pine Tree Lane. In addition I am concerned about the drainage culvert that is constructed on this property. It runs hard scape waters off the property and across the property line to the neighboring #18. There is no design on this culvert for dispersing the run off, the water shoots directly off the culvert and will cause further erosion. This is not an Association issue as they have said so. It is the city and or Fish and Game. Although the process is used to drain the parking lot located at #16 the water is carried on to #18 and dumped quickly following the canyon north. I would like to be kept up to date on the plan for the access for this tennis construction. I have concerns about the natural growth Within the easement and it appears the access is over the easement. Thank you. Judith Hassoldt RESOLUTION NO. 2011-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A TENNIS COURT, A SITE PLAN REVIEW FOR GRADING FOR THE TENNIS COURT AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED GRADING QUANTITIES AND THE MAXIMUM PERMITTED GRADED AREA FOR A TENNIS COURT AND A VARIANCE TO ENCROACH WITH AN ADDITION TO THE RESIDENCE INTO THE SIDE YARD SETBACK ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 801, AT 16 PINE TREE LANE (LOT 81-1- RH), (BHARADIA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Dr. and Mrs. Juma Bharadia with respect to real property located at 16 Pine Tree Lane (Lot 81-1-RH), Rolling Hills, CA requesting a Site Plan Review and Conditional Use Permit for grading and construction of a 6,502 square foot sports court and Variances for exceeding the maximum permitted quantities of grading and the surface area of grading for sports courts. The applicants also propose a 762 square foot addition to their residence, a portion of which, (145 square feet), would encroach 8 feet into the required side yard setback, which requires a variance. Portion of the existing residence encroaches into the side setback. A 975 square foot basement is also proposed. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on March 15, April 21, May 17 and at a field trip on April 21, 2011. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearings. An inquiry and a letter were received from adjacent property owners, who were also present at the field trip. Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State, of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or Resolution No. 2011-07 1 • • any building or structure may be constructed. With respect to the Site Plan Review application for the grading for the sports court the Planning Commission finds as follows: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The sports court conforms to Zoning Code setbacks and lot coverage requirements. The proposed project is screened from the road so as to. reduce the visual impact of the development. The disturbed area of the lot will be 37.3%, which is within the 40% maximum permitted, and includes the future stable. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new tennis court will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The court will be screened. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed tennis court will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing relatively flat area for the new construction. C. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to the grading requirements, Zoning Code setbacks and lot coverage requirements. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. The project is not located in a canyon or on existing slopes that exceed 25%. Resolution No. 2011-07 2 �y • • F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 5. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Rolling Hills Planning Commission approves a Conditional Use Permit for such use. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of a tennis court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a pad below the residential building pad and sufficient distance from other residences so that it will not be visible from any neighbor or roadway, and will not have a material impact on that property. The tennis court will be screened with shrubs and trees. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 6,502 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district, except when approved by a Variance (exceeds the maximum permitted graded area and the maximum permitted cubic yardage of dirt for grading). Resolution No. 2011-07 3 • E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because sufficient area exists on the lot for a set aside for a future stable and corral. 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 17.16.210A.7(h) and (i) is required because it states that a maximum permitted grading for a tennis court shall not exceed 750 cubic yards of dirt and the area of grading shall not exceed 10,000 square feet. The applicant is requesting a Variance to cut and fill 1,430 cubic yards of dirt for the tennis court and grade an area of 11,240 square feet. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone because the configuration of the lot creates difficulty in constructing the sports court elsewhere on the property and the proposed grading is the minimum required for this size of tennis court. The area of grading is required to allow for the elimination of a previously proposed 5'wall, which with its elimination would crate a gentler slope and continuation of an existing slope, rather than the creation of a 5' foot wall at limit of grading. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The lot size and configuration, together with the existing development on the lot creates a difficulty in locating the sports court elsewhere on the property. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The sports court will be screened from the adjacent properties and the road, as required by the conditions of this approval. It Resolution No. 2011-07 4 CD, • • will be constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be. screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court 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 proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because sufficient area exists on the lot for a set aside for a future stable and corral. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-2 zone shall have a side setback of not less than 25 feet from a roadway easement that is adjacent to a dedicated road. 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure, which encroaches into the side setback prevent further expansion in west direction. The existing residence is located outside the envelope of the required side setback, and the addition would be of a lesser encroachment than currently exist. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations and in its current configuration, as the encroachment is lesser than existing. The Variance will permit the development to follow the line of an already existing encroachment. 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. Development in the side setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Resolution No. 2011-07 5 03 • • D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area has been set -aside on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed 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. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves this project subject to the following conditions: A. The Site Plan Review, Conditional Use Permit and Variances approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A), 17.37.070(A) and 17.42.070(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 hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 13, 2011, except as otherwise provided in these conditions. E. The property on which the project is located shallcontain an area of sufficient size and which meets all standards for a stable and corral with vehicular access thereto. F. The working drawings submitted tothe Building and Safety Department for plan check review must conform to the development plan approved with this application. Resolution No. 2011-07 6 • • G. Grading shall not exceed a total of 1,430 cubic yards of cut and fill for the tennis court and not to exceed 52 cubic yards for the residential improvements, excluding basement, and shall be balanced on site. Only the dirt from the proposed basement may be exported from the property. H. Structural lot coverage shall not exceed 14,663 square feet or 14.6%, (excl. outdoor kitchen), I. Total lot coverage of structures and paved areas shall not exceed 25,960 square feet or 25.8% in conformance with lot coverage limitations. J. The disturbed area of the lot shall not exceed 37,572 square feet or 37.3% of the net lot area in conformance with lot disturbance limitations. K. Residential building pad coverage on the 12,800 square foot residential building pad shall not exceed 6,091 square feet or 47.6%; the sports court pad coverage shall not exceed 71.3% on the proposed 9,120 square foot pad. L. If access for construction is to be from the adjacent vacant lot, the applicant shall obtain permission from the property owners of said lot, and proof submitted to the City. M. There shall be no grading on the adjacent lot for access to the construction site. N. The applicant shall submit pictures of the adjacent site in the area of the access before and after construction of the tennis court. The area used for access shall be restored to pre -construction conditions. O. The approval includes variances for the additional area of grading and greater quantity of grading to eliminate a 5' wall. P. Access to the tennis court, after its completion, shall be provided on the same lot as the tennis court. The on grade existing access shall be utilized, which shall not be graded. Q. The area of encroachment into the side setback with the new addition shall not exceed 8 feet and not be greater than 145 square feet total. A portion of the existing residence encroaches into the side setback and it may remain. R. The area prepared for the sports court shall not exceed 11,240 square feet, as approved by the Variance. Resolution No. 2011-07 7 a • • S. Court lighting shall not be permitted. T. Noise from sports court use shall not create a nuisance to owners of surrounding properties. U. All retaining walls incorporated into the court shall not be greater than four (4) feet in height at any point. Exposed exterior retaining walls shall not be permitted. A separate building permit shall be obtained for the retaining wall. V. The sports court shall be screened on all four sides with drought - resistant mature trees and shrubs. In addition, all graded areas shall be re -vegetated utilizing to the greatest extent feasible mature native and drought resistant plants. Native trees and other native plants shall be utilized, and which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening. Trees and shrubs shall be planted so as not to impair views of neighboring properties but to screen the project site. W. All disturbed areas shall be landscaped. 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 and be in compliance with City's Water Efficient Landscaping Ordinance. X. Prior to the issuance of any building or grading permit two copies of a preliminary landscape plan shall be submitted for review by the Planning Department. A security in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permits and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Y. The property owner and / or his / her contractor/ applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. Z. 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: htta://www.wrh.noaa.aov/Iox/main.Dho?suite=safety&page=hazard definitions Resolution No. 2011-07 , 8 • • #FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AA. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, including erosion control, 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. AB. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place on the adjacent private vacant lot. There shall be no parking on Pine Tree Lane or in the cul-de-sac. AC. 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. AD. 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 septic tanks. AE. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AF. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. AG. The sports court shall drain towards the rear of the property. Prior to the submittal of an applicable final building plan to the Building and Safety for plan check, a detailed drainage plan that conforms to the development plan as approved by the Planning Commission shallbe submitted to the Rolling Hills Planning Department staff for their review and approval. Such plan shall include all water from any site irrigation systems and assure that all drainage from the site is conveyed in an approved manner towards the rear of the property. . AH. If an above drainage swale or a dissipater is to be constructed it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall incorporate earth tone colors, and shall be screened from the road and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Resolution No. 2011-07 9 • • AI. The project shall be reviewed and approved by the Rolling Hills Community Association. AJ. All utility lines shall be placed underground. The roof material for the residence shall comply with the City of Rolling Hills Building Code requirements. AK. Until the applicants execute an Affidavit of Acceptance of all conditions of this Site Plan Review, CUP. and Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AL. All conditions of the Site Plan, Variances and Conditional Use approvals, that apply, shall be complied with prior to the issuance of grading or building permit from the Building and Safety Department. AM. The conditions of approval specified herein shall be printed on the Plans submitted to RHCA and to Building and Safety Department for plan check review and on all subsequent plans. AN. 50% of the demolition and construction materials shall be recycled/diverted. Pursuant to the Construction and Demolition Recycling Ordinance the hauling company shall obtain a hauling permit and pay the applicable fees. Verification of recycling/ diversion shall be submitted to the City. AO. Perimeter easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, grading (both cut and fill), landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, unless otherwise approved by the RHCA. AP. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2011. SMITH, CHAIRPERSON f4(P HEIDI LUCE, DEPUTY CITY CLERK Resolution No. 2011-07 10 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2011-07 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A TENNIS COURT; A SITE PLAN REVIEW FOR GRADING FOR THE TENNIS COURT AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED GRADING QUANTITIES AND THE MAXIMUM PERMITTED GRADED AREA FOR A TENNIS COURT AND A VARIANCE TO ENCROACH WITH AN ADDITION TO THE RESIDENCE INTO THE SIDE YARD SETBACK ON A PROPERTY DEVELOPEDWITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 801, AT 16 PINE TREE LANE (LOT 81-1-RH), (BHARADIA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). was approved and adopted at a regular meeting of the Planning Commission on May 17, 2011 by the following roll call vote: AYES: Commissioners Chelf, DeRoy, Henke and Vice Chairman Pieper. NOES: None. ABSENT: Chairperson Smith. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE, DEPUTY CITY CLERK Resolution No. 2011-07 11 (D3 eat" Rae, qeeta TO: FROM: DATE: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 5-17-11 Agenda Item No. 5B HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR MAY 17, 2011 ZONING CASE NO. 801 REVISED 16 PINE TREE LANE (LOT 81-1-RH) RA-S-2, 2.73 ACRES GROSS (INCL. ROAD EASEMENTS) DR. AND MRS. JUMA BHARADIA DOUGLAS MCHATTIE, BOLTON ENGINEEERING MARCH 3, 2011 AND APRIL 7, 2011 REQUEST AND RECOMMENDATION, 1. Request for a Conditional Use Permit (CUP), Site Plan Review (SPR), and Variances for a proposed 6,502 square foot tennis court and a Variance to encroach with an addition into the side yard setback on a property currently developed with a single family residence and accessory structures. The CUP is required because of the accessory sport court use, the SPR because grading is proposed, and Variances are required because the quantity of grading and the surface area of grading exceed the maximum permitted for a sports court. The applicants also propose an addition to their residence, a portion of which would encroach 8 feet into the required side yard setback. 2. It is recommended that the Planning Commission review and adopt the attached Resolution No. 2011-07. BACKGROUND ZC NO. 801 16 Pine Tree Lane 1 • • 3. At the April 21, 2011 Planning Commission meeting staff was directed to prepare a resolution of approval in Zoning Case No. 801 with conditions. The vote to prepare a resolution was 3-0-1-1, with Chairperson Smith abstaining. Commissioner DeRoy was absent. In addition to the standard findings of facts and conditions the following conditions are included: a. No parking is allowed in the cul-de-sac or on Pine Tree Lane. b. If access for construction is to be from the adjacent vacant lot, the applicant shall obtain permission, and proof submitted to City, from the property owners of said lot c. There shall be no grading on the adjacent lot for access to the construction site d. The applicant shall submit pictures of the adjacent site in the area of the access before and after construction e. The area used for access shall be returned to the pre -construction condition f. All conditions for a tennis court in Section 17.16.210 A7 shall be met, except where a Variance is granted g. The approval includes variances for the additional area of grading and greater quantity of grading and eliminate the 5' wall h. Access to the tennis court, after its completion, shall be provided on the same lot as the tennis court. The on grade existing access shall be utilized, which may not be graded. i. The tennis court shall be screened with shrubs and trees in a manner that would not result in a hedge like design and the trees at full maturity shall not result in obstructing of views. j. A landscaping plan and a bond (plus 15%) shall be submitted to staff for the landscaping. ZC NO. 801 16 Pine Tree Lane RESOLUTION NO. 2011-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A .TENNIS COURT, A SITE PLAN REVIEW FOR GRADING FOR THE TENNIS COURT AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED GRADING QUANTITIES AND THE MAXIMUM PERMITTED GRADED AREA FOR A TENNIS COURT AND A VARIANCE TO ENCROACH WITH AN ADDITION TO THE RESIDENCE INTO THE SIDE YARD SETBACK ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 801, AT 16 PINE TREE LANE (LOT 81-1- RH), (BHARADIA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Dr. and Mrs. Juma Bharadia with respect to real property located at 16 Pine Tree Lane (Lot 81-1-RH), Rolling Hills, CA requesting a Site Plan Review and Conditional Use Permit for grading and construction of a 6,502 square foot sports court and Variances for exceeding the maximum permitted quantities of grading and the surface area of grading for sports courts. The applicants also propose a 762 square foot addition to their residence, a portion of which, (145 square feet), would encroach 8 feet into the required side yard setback, which requires a variance. Portion of the existing residence encroaches into the side setback. A 975 square foot basement is also proposed. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on March 15, April 21, May 17 and at a field trip on April 21, 2011. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearings. An inquiry and a letter were received from adjacent property owners, who were also present at the field trip. Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading requiring a grading permit or Resolution No. 2011-07 g • • any building or structure may be constructed. With respect to the Site Plan Review application for the grading for the sports court the Planning Commission finds as follows: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed project complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The sports court conforms to Zoning Code setbacks and lot coverage requirements. The proposed project is screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot will be 37.3%, which is within the 40% maximum permitted, and includes the future stable. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new tennis court will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The court will be screened. The nature, condition, and development 'of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed tennis court will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs is of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existingrelatively flat area for the new construction. C. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to the grading requirements, Zoning Code setbacks and lot coverage requirements. D. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. The project is not located in a canyon or on existing slopes that exceed 25%. Resolution No. 2011-07 2 0 • • F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 5. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Rolling Hills Planning Commission approves a Conditional Use Permit for such use. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of a tennis court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a pad below the residential building pad and sufficient distance from other residences so that it will not be visible from any neighbor or roadway, and will not have a material impact on that property. The tennis court will be screened with shrubs and trees. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 6,502 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district, except when approved by a Variance (exceeds the maximum permitted graded area and the maximum permitted cubic yardage of dirt for grading). Resolution No. 2011-07 3® • • E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because sufficient area exists on the lot for a set aside for a future stable and corral. 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 17.16.210A.7(h) and (i) is required because it states that a maximum permitted grading for a tennis court shall not exceed 750 cubic yards of dirt and the area of grading shall not exceed 10,000 square feet. The applicant is requesting a Variance to cut and fill 1,430 cubic yards of dirt for the tennis court and grade an area of 11,240 square feet. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply . generally to the other property or class of use in the same zone because the configuration of the lot creates difficulty in constructing the sports court elsewhere on the property and the proposed grading is the minimum required for this size of tennis court. The area of grading is required to allow for the elimination of a previously proposed 5'wall, which with its elimination would crate a gentler slope and continuation of an existing slope, rather than the creation of a 5' foot wall at limit of grading. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The lot size and configuration, together with the existing development on the lot creates a difficulty in locating the sports court elsewhere on the property. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The sports court will be screened from the adjacent properties and the road, as required by the conditions of this approval. It Resolution No. 2011-07 4c • • will be constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court 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 proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because sufficient area exists on the lot for a set aside for a future stable and corral. Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-2 zone shall have a side setback of not less than 25 feet from a roadway easement that is adjacent to a dedicated road. 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure, which encroaches into the side setback prevent further expansion in west direction. The existing residence is located outside the envelope of the required side setback, and the addition would be of a lesser encroachment than currently exist. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations and in its current configuration, as the encroachment is lesser than existing. The Variance will permit the development to follow the line of an already existing encroachment. 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. Development in the side setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Resolution No. 2011-07 • • D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area has been set -aside on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed 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. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves this project subject to the following conditions: A. The Site Plan Review, Conditional Use Permit and Variances approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A), 17.37.070(A) and 17.42.070(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 hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 13, 2011, except as otherwise provided in these conditions. E. The property on which the project is located shall contain an area of. sufficient size and which meets all standards for a stable and corral with vehicular access thereto. F. The working drawings submitted to the Building and Safety Department for plan check review must conform to the development plan approved with this application. Resolution No. 2011-07 • • G. Grading shall not exceed a total of 1,430 cubic yards of cut and fill for the tennis court and not to exceed 52 cubic yards for the residential improvements, excluding basement, and shall be balanced on site. Only the dirt from the proposed basement may be exported from the property. H. Structural lot coverage shall not exceed 14,663 square feet or 14.6%, (excl. outdoor kitchen), I. Total lot coverage of structures and paved areas shall not exceed 25,960 square feet or 25.8% in conformance with lot coverage limitations. J. The disturbed area of the lot shall not exceed 37,572 square feet or 37.3% of the net lot area in conformance with lot disturbance limitations. K. Residential building pad coverage on the 12,800 square foot residential building pad shall not exceed 6,091 square feet or 47.6%; the sports court pad coverage shall not exceed 71.3% on the proposed 9,120 square foot pad. L. If access for construction is to be from the adjacent vacant lot, the applicant shall obtain permission from the property owners of said lot, and proof submitted to the City. M. There shall be no grading on the adjacent lot for access to the construction site. N. The applicant shall submit pictures of the adjacent site in the area of the access before and after construction of the tennis court. The area used for access shall be restored to pre -construction conditions. O. The approval includes variances for the additional area of grading and greater quantity of grading to eliminate a 5' wall. P. Access to the tennis court, after its completion, shall be provided on the same lot as the tennis court. The on grade existing access shall be utilized, which shall not be graded. Q. The area of encroachment into the side setback with the new addition shall not exceed 8 feet and not be greater than 145 square feet total. A portion of the existing residence encroaches into the side setback and it may remain. R. The area prepared for the sports court shall not exceed 11,240 square feet, as approved by the Variance. Resolution No. 2011-07 • • S. Court lighting shall not be permitted. T. Noise from sports court use shall not create a nuisance to owners of surrounding properties. U. All retaining walls incorporated into the court shall not be greater than four (4) feet in height at any point. Exposed exterior retaining walls shall not be permitted. A separate building permit shall be obtained for the retaining wall. V. The sports court shall be screened on all four sides with drought - resistant mature trees and shrubs. In addition, all graded areas shall be re -vegetated utilizing to the greatest extent feasible mature native and drought resistant plants. Native trees and other native plants shall be utilized, and which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening. Trees and shrubs shall be planted so as not to impair views of neighboring properties but to screen the project site. W. All disturbed areas shall be landscaped. 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 and be in compliance with City's Water Efficient Landscaping Ordinance. X. Prior to the issuance of any building or grading permit two copies of a preliminary landscape plan shall be submitted for review by the Planning Department. A security in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permits and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Y. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. Z. 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: htto://www.wrh.noaa.aov/Iox/main.oho?suite=safety&page=hazard definitions Resolution No. 2011-07 8 • • #FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. AA. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, including erosion control, 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. AB. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place on the adjacent private vacant lot. There shall be no parking on Pine Tree Lane or in the cul-de-sac. AC. 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. AD. 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 septic tanks. AE. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and post construction maintenance of stormwater drainage facilities. AF. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. AG. The sports court shall drain towards the rear of the property. Prior to the submittal of an applicable final building plan to the Building and Safety for plan check, a detailed drainage plan that conforms to the development plan as approved by the Planning Commission shall be submitted to. the Rolling Hills Planning Department staff for their review and approval. Such plan shall include all water from any site irrigation systems and assure that all drainage from the site is conveyed in an approved manner towards the rear of the property. AH. If an above drainage swale or a dissipater is to be constructed it shall be designed in such a manner as not to cross over any equestrian trails or discharge. water onto a trail, shall incorporate earth tone colors, and shall be screened from the road and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Resolution No. 2011-07 • • AI. The project shall be reviewed and approved by the Rolling Hills Community Association. AJ. All utility lines shall be placed underground. The roof material for the residence shall comply with the City of Rolling Hills Building Code requirements. AK. Until the applicants execute an Affidavit of Acceptance of all conditions of this Site Plan Review, CUP and Variances approvals, as required by the Municipal Code, the approvals_ shall not be effective. AL. All conditions of the Site Plan, Variances and Conditional Use approvals, that apply, shall be complied with prior to the issuance of grading or building permit from the Building and Safety Department. AM. The conditions of approval specified herein shall be printed on the Plans submitted to RHCA and to Building and Safety Department for plan check review and on all subsequent plans. AN. 50% of the demolition and construction materials shall be recycled/diverted. Pursuant to the Construction and Demolition Recycling Ordinance the hauling company shall obtain a hauling permit and pay the applicable fees. Verification of recycling/diversion shall be submitted to the City. AO. Perimeter easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, grading (both cut and fill), landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, unless otherwise approved by the RHCA. AP. Any action challenging the final decision of the City made as a result .of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2011. JILL V. SMITH, CHAIRPERSON ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Resolution No. 2011-07 to I L • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2011-07 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A TENNIS COURT; A SITE PLAN REVIEW FOR GRADING FOR THE TENNIS COURT AND VARIANCES TO EXCEED THE MAXIMUM PERMITTED GRADING QUANTITIES AND THE MAXIMUM PERMITTED GRADED AREA FOR A TENNIS COURT AND A VARIANCE TO ENCROACH WITH AN ADDITION TO THE RESIDENCE INTO THE SIDE YARD SETBACK ON A PROPERTY DEVELOPEDWITH A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 801, AT 16 PINE TREE LANE (LOT 81-1-RH), (BHARADIA). PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). was approved and adopted at a regular meeting of the Planning Commission on May 17, 2011 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Resolution No. 2011-07 11 / N eete, (4 Rea, gad TO: FROM: DATE: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: M INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 4-21-11 FIELD TRIP Agenda Item No.: 4A HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APRIL 21, 2011 ZONING CASE NO. 801 REVISED 16 PINE TREE LANE (LOT 81-1-RH) RA-S-2, 2.73 ACRES GROSS (INCL. ROAD EASEMENTS) DR. AND MRS. JUMA BHARADIA DOUGLAS MCHATTIE, BOLTON ENGINEEERING MARCH 3, 2011 AND APRIL 7, 2011 REOUEST AND RECOMMENDATION Request for a Conditional Use Permit (CUP), Site Plan Review (SPR), and Variances for a proposed tennis court and a Variance to encroach with an addition into the side yard setback on a property currently developed with a single family residence and accessory structures. The CUP is required because of the accessory sport court use, the SPR because grading is proposed, and Variances are required because the quantity of grading and the surface area of grading exceed the maximum permitted for a sports court. The applicants also propose an addition to their residence, a portion of which would encroach 8 feet into the required side yard setback along a line of existing encroachment. It is recommended that the Planning Commission review the staff report, view the project in the field, open the public hearing, take public testimony and provide direction to staff or continue the meeting to the evening meeting on April 21, 2011. BACKGROUND Q 1. The property is currently developed with a 4,749 square foot residence, 484 square foot garage, 759 square foot swimming pool, 597 square foot detached pool house, 00 square foot ZC NO. 801 .1 fo Z i` tend c 1-1L 16 Pine Tree Lane 1 0 trellis, 122 square foot barbeque area and 129 square foot entryway. As indicated on the submitted Site Plan, an area has been set aside for a future stable and corral. The main residence was originally built in 1957, and over the years has undergone a number of additions and 'remodeling (1957, 1966, 1967; 1977). In 2001 the property was graded to accommodate a new cul-de-sac, which was required for a lot -split parcel map approved for the site in 1996. 2. The applicants propose to add 240 square feet to the residence demolish the existing 484 square foot garage and replace itwith a 924 square foot garage, for a total of 4,989 square foot residence and 924 square foot garage. A 1,020 square foot basement is also proposed. The proposed addition is less than 999 square feet and . was previously approved administratively, but was not constructed. Since the approval, the access to the property and to the currently vacant lot adjacent thereto, was dedicated as a roadway easement to the RHCA. That action caused the setback dimensions to change. 436 square feet of the existing residence encroaches between 18 and 20 feet into the new side yard setback. Pursuant to the Zoning Ordinance a side yard setback of 35-feet is required in the RAS-2 zone, except that if a dedicated and developed roadway is adjacent to the side yard, then the setback is measured 25-feet from the roadway easement line. 3. The property is zoned RAS-2. The gross lot area is 2.73 acres. The net lot area for construction purposes is 2.31 acres or 100,624 square feet. Prior to the roadway easement dedication, the setback was measured from the property line, whereas after the dedication it is measured from the roadway easement line. 4. The applicants also propose to construct a 6,502 square foot tennis court towards the rear of the lot. A maximum 4-foot tall wall will be constructed along the uphillinterior sides of the court, and a 10-foot fence is proposed to wrap around the entire court. A not to exceed 5-foot retaining wall is proposed along the limit of grading for the court. The applicant is also showing an alternate grading plan that would eliminate the need for the wall. MUNICIPAL CODE COMPLIANCE 5. To accommodate the new court surface, the applicant proposes to grade a maximum 2:1 slope on the south and east sides of the proposed court. The proposed earthwork would involve a total cut and fill of 1,430 cubic yards, which will remain on site including re -compaction. Vegetation is proposed along the sides of the court. The applicants propose to utilize a path along the existing natural grade to access the court from the pool area above. 6. The project requires a Conditional Use Permit for the recreational court use (RHMC 17.16.2109.A.7) and a Site Plan Review due to the grading (RHMC 17.46.020A.1). Variances are required for the tennis court because the amount of total graded material proposed (1,430 cubic yards) exceeds the maximum permitted (750 cubic yards) and the area of grading permitted (10,000 sq.ft.) exceeds the maximum permitted by 240 square feet and is proposed at 10,240 sq.ft. A Variance is also requested for the encroachment of the addition to the residence into the side yard setback. 7. A not to exceed 5-foot high wall is proposed at the limit of grading for the tennis court. At the March 15, 2011 meeting the Planning Commission inquired if the wall could be lowered or ZCNO. 801, 16 Pine Tree Lane t N S. eliminated, if more surface area was allowed to be disturbed. The applicants' agent stated that he will provide that information to the Commission and will stake the property accordingly. 8. The proposed 9,120 square foot pad for the new court will have 71.3% coverage. Although exceeding the guideline of maximum 30% coverage, the coverage proposed for the court is considered necessary to achieve the owner's goal for a recreational tennis court. The residential building pad is 12,800 square feet and will have coverage of 6,009 sq.ft. or 46.9%. Currently the pad coverage is at 41.6%. The pool pad is 3,950 square feet and has coverage of 1,420 sq.ft. or 35.9%. 9. The structural lot coverage is proposed at 14,510 square feet or 14.4%, which includes all the structures, including the tennis court (20% permitted); and the total lot coverage including the structures and all paved areas is proposed to be 25,759 square feet or 25.6% (35% permitted). 10. With the project, (including future stable and corral) 36,572 square feet or 36.6% of the lot will be disturbed, an increase of 11.7% compared to existing, (40% total disturbance permitted). To eliminate the wall along the proposed limits of grading for the tennis court, additional 1,000 square foot area would have to be disturbed, bringing the total disturbance to 37,572 square feet or 37.3%. 11. Section 17.16.210 (A)(7) of the Zoning Ordinance contains conditions for recreational game courts, subject to approval of a use permit. These conditions, listed below, are intendedto ensure that such structures: are ancillary recreational uses, do not eliminate an existing or future development for a stable, do not create visual or other impacts and blend in with the existing topography and landscape or views. Recreational Game Courts are defined as: tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes. They shall adhere to the following conditions: REQUIREMENTS: A legally required and accessible stable and corral area shall be provided on site A game court shall not be located in the front yard or any setback; A game court shall not be located within fifty feet of any paved road or street easements; Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade; The construction of a game court shall conform to the lot coverage limitations as ZC NO. 801 16 Pine Tree Lane PROPOSED: 1,000 sq.ft. accessible area is provided for a future stable and corral Proposed project is not in setback or front yard Proposed project is not located within fifty feet of any paved road or street easements 4' high retaining wall proposed along two sides of the court perimeter. This wall would not be visible from outside the court All development standards for coverage are within the permitted standards 0 M S. set forth in Section 17.16.070; A game court shall not be located on a slope that exceeds a 2:1 grade; A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of 750 cubic yards; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 square feet; The existing topography, flora and natural features of the site shall be retained to the greatest extent possible; Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer; A game court shall be adequately screened on all four sides; Landscape screening shall include native or other drought -tolerant mature trees and shrubs, which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council and shall be approved in accordance with the site plan review process pursuant to Chapter 17.46; Landscaping shall not interfere with the views cape of surrounding properties or pursuant to Chapter 17.26; Game court lighting shall not be permitted; Design and construction of a game court shall include methods to mitigate visual and noise impacts. ZC NO. 801 16 Pine Tree Lane Existing slope in court location is 4.5:1 (i compliance) Location of proposed court is not in a canyon or in a natural drainage course Grading proposed to be balanced on site; however a Variance is requested because total is greater than 750 c.y. of dirt. (Approx. additional 30 c.y. of dirt would be moved to create the tennis court pad w/out the wall at limits of grading) Graded area for the proposed court exceeds 10,000 sq.ft. (10,240 sq.ft.) and requires a Variance. (Without the proposed wall the graded area would be 11,240 sq.ft.) Grading is proposed only to accommodate the sports court. Drainage improvement proposed - water collected on court to be conveyed to a dissipater to the rear, below the court area. Detailed landscaping plan is required during project plan -check. Conceptual plan shows vegetation to be planted on exterior sides of court for visual screening. Planning Commission condition to require that the applicant submit detailed plan. Landscaping to be planted around court perimeter to be designed to screen the perimeter fencing (10 feet maximum) only. Condition will be imposed prohibiting lighting. Landscaping plan to be required for purpose of beautifying, and buffering the development. Daytime use only will minimize noise. 0 12. The plan provides for installation of a 6-inch diameter inlet pipe that will collect water at the outer northeast corner of the court and direct it to a dissipater at the base of the slope behind the court. This will prevent erosion of the slope below the court. CONCLUSION 13. 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. 14. A tennis court is a use that requires a conditional use permit and must meet certain criteria as set by the State Zoning and Planning Law. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 15. With respect to the Conditional Use Permit, the applicant's representative states that the location of the proposed tennis court is the most ideal on the lot, and there are other recreational ' facilities in the neighborhood. The location will not obstruct views or be a nuisance to other residences and is isolated from other properties. With respect to the Site Plan Review, the applicant's representative states that the proposed grading is the minimum needed to create an almost regulation size court while maintaining all slope, drainage, setback and other requirements. 16. In response for justification for the Variances request to exceed the maximum permitted grading quantities and area of grading, the applicant's agent states that the current requirements for grading are not reasonable or practical in a hillside community. 750 cubic yards total, allows only 3-feet of depth over a 7,200 square foot area. The additional graded area is the minimum necessary to construct analmost regulation sized tennis court. The property overall, with 25.6% total coverage, which includes the court is not overbuilt. 17. With respect to the request for an addition that encroaches into the side setback, the applicant states that when the property was subdivided, the access was not a roadway easement and the setbacks were calculated differently. Since the RHCA took possession of the access as a roadway easement, the setbacks have changed in mid -stream of having the project approved. With the changes in the setbacks, a portion of the existing house encroaches into the side setback and is nonconforming. 18. Rolling Hills Community Association will review this project at a later date. 19. The project has been determined to be categorically exempt pursuant to Section 15303 (e) of the California Environmental Quality Act (CEQA) Guidelines in that it involves construction of a new accessory structure to the primary residential use and a small addition to an existing residence. ZC NO. 801 16 Pine Tree Lane S. 4,19 S. VA.o Zoning Case 801 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear property line GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.) must be balanced on -site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE 3O%,,....... maximum -guideline) .. "'" Residential Pool pad Tennis Court Stable (future) 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 (min. 450 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 801 16 Pine Tree Lane EXISTING SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES Residence Garage Service yard Pool Pool equip. Pool house Stable (future) Entry Trellis Outdoor Kitchen Sports Court Basement TOTAL N/A. 4749 sq.ft. sq.ft 96 sq.ft 759 sq.ft 64 sq.ft. 597 sq.ft. 0 sq.ft 129 sq.ft. 200 sq.ft. 122 sq.ft. 0 sq.ft. 1080 sq.ft. eft. 7 Z-C -O 1.4% "7. 118.3% coq 41.6% 35.9% of 3,950 sq.ft. pad 24.7% N/A N/A Existing driveway approach from Pine Tree Lane. I N/A I N/A PROPOSED TENNIS COURT AND ADDITION (SPR, CUP and VARIANCES) Residence Garage Service yard Pool Pool equipm. Pool house Stable (future) Entry Trellis Outdoor Kitchen Sports Court Basement TOTAL 1,430 cubic yd total 715 cubic yd cut / 715 cubic yd fill -Variance required (additional 30 c.y. to increase limit of grading to eliminate a wall) /'_ 14.10/0 of 100,624 sq.ft. net lot area (excl. tl-iz& bbq) / "'' 25% of 100,624 sq.ft. netlot area 4989 Sii.ft. / oD 442.61,sq.ft. 96 sq.ft. \ 759, sq.ft. 64 sq.ft. 597 sq.ft. 450 sq.ft. rlsq. ft. 200 sq.ft. 122 sq.ft. 6502 sq.ft. 1q.ft. 14,832 sq.ft tntk 4 '9V0 of 12,800 sq.ft. pad 35.9% of 3,950 sq.ft. pad 71.3% of 9,120 sq. ft. pad 45% 36.6% (w/future stable) C(37.3% with increased limits of / 1 A �r— rading to eliminate a wall) % f1� 1 r L a Future Future path adjacent to driveway north-west of home Existing driveway approach from Pine Tree Lane. Planning Commission review. Planning Commission review. Pc SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. . The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; - 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 801 16 Pine Tree Lane S. N CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. 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 WasteManagement 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. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 801 16 Pine Tree Lane • TO: FROM: DATE: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: Roceeeg,qcz INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7A Mtg. Date: 3-15-11 HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR MARCH 15, 2011 ZONING CASE NO. 801 16 PINE TREE LANE (LOT 81-1-RH) RA-S-2, 2.73 ACRES GROSS (INCL. ROAD EASEMENTS) DR. AND MRS. JUMA BHARADIA DOUGLAS MCHATTIE, BOLTON ENGINEEERING MARCH 3, 2011 REOUEST AND RECOMMENDATION Request for a Conditional Use Permit, Site Plan Review and Variances for a proposed tennis court on a property currently developed with a single family residence and accessory uses. The CUP is required because of the accessory sport court use, the SPR, because grading is proposed, and Variances are required because the quantity of grading exceeds the maximum permitted for a sport court and the area of grading also exceeds the maximum permitted for a sport court. It is recommended that the Planning Commission review the staff report, open the public hearing, take public testimony and schedule a field trip. BACKGROUND 1. The property is currently developed with a 5,015 square foot residence, 800 square foot attached garage, 759 square foot swimming pool and 597 square foot detached pool house. As indicated on the submitted Site Plan, an area has been set aside for a future stable and corral. The main residence was originally built in 1957, and over the years has undergone a number of additions and remodeling (1957, 1966, 1967, 1977). In 2001 the property was graded to accommodate a new cul-de- ZC NO. 801 16 Pine Tree Lane 1 • • sac, which was required as a roadway improvement for a lot -split parcel map approved for the site in 1996. 2. The property is zoned RAS-2. The gross lot area is 2.73 acres. The net lot area for construction purposes is 2.31 acres or 100,624 square feet. MUNICIPAL CODE COMPLIANCE 3. The applicant proposes to construct a . 6,502 square foot tennis court towards the rear of the lot. A maximum 4-foot tall wall will be constructed along the uphill interior sides of the court, and a 10-foot fence is proposed to wrap around the entire court. 4. To accommodate the new court surface, the applicant proposes to grade a maximum 2:1 slope on the south and east sides of the proposed court. The proposed earthwork would involve a total cut of 715 cubic yards, which will remain on site in the same amount (therefore balanced) to be used as fill for the court area and re -compaction. Vegetation is proposed along three sides of the court towards other properties. The applicant proposes utilizing a path along the existing natural grade to access the court from the pool area above. The project requires a Conditional Use Permit for the recreational court use (RI-IMC 17.16.2109.A.7) and a Site Plan Review due to the grading (RHMC 17.46.020A.1) Variances are required because the amount of total graded material proposed (1,430 cubic yards) exceeds the maximum permitted (750 cubic yards) and the area of grading permitted (10,000 sq.ft.) exceeds the maximum permitted by 240 square feet. 5. There are currently two building pads on the property. The proposed 9,120 square foot pad for the new court will have 71.3% coverage. Although exceeding the guideline of maximum 30% coverage, the coverage proposed for the court is considered necessary to achieve the owner's goal for a recreational tennis court. 6. The structural lot coverage is proposed at 14,412 square feet or 14.3%, which includes all the structures, including the tennis court (20% permitted); and the total lot coverage including the structures and all paved areas is proposed to be 25,661 square feet or 25.5% (35% permitted). 7. With the project, (including future stable and corral) 36,572 square feet or 36.6% of the lot will be disturbed, an increase of 11.7% compared to existing (40% total disturbance permitted). 8. Section 17.16.210 (A)(7) of the Zoning Ordinance contains conditions for recreational game courts, subject to approval of a use permit. These conditions, listed below, are intended to ensure that such structures: are ancillary recreational uses, do not eliminate an existing or future development for a stable, do not create visual or other impacts and blend in with the existing topography and landscape or views. ZC NO. 801 16 Pine Tree Lane 2 l L ) r S • Recreational Game Courts are defined as: tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes. They shall adhere to the following conditions: REQUIREMENTS: A legally required and accessible stable and corral area shall be provided on site A game court shall not be located in the front yard or any setback; A game court shall not be located within fifty feet of any paved road or street easements; Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade; The construction of a game court shall conform to the lot coverage limitations as set forth in Section 17.16.070; A game court shall not be located on a slope that exceeds a 2:1 grade; A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of 750 cubic yards; When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed 10,000 square feet; The existing topography, flora and natural features of the site shall be retained to the greatest extent possible; Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer; A game court shall be adequately screened on all four sides; Landscape screening shall include native or ZC NO. 801 16 Pine Tree Lane 3 PROPOSED: 1,000 sq.ft. accessible area is provided for a future stable and corral Proposed project not in setback or front yard Proposed project not located within fifty feet of any paved road or street easements 4' high retaining wall proposed along two sides of the court perimeter. This wall would not be visible from outside the court All development standards for coverage are within the permitted standards Existing slope in court location is 4.5:1 (in compliance) Location of proposed court not in a canyon or in a natural drainage course Grading proposed to be balanced on site; however a Variance is requested because total greater than 750 c.y. of dirt. Graded area for the proposed court exceeds 10,000 sq.ft. (10,240 sq.ft.) and requires a Variance Grading proposed only to accommodate the sports court. Drainage improvement proposed - water collected on court to be conveyed to a dissipater to the rear, below the court area. Detailed landscaping plan is required during project plan -check. Conceptual plan shows vegetation to be panted on exterior sides of court for visual screening. Planning Commission condition to require other drought -tolerant mature trees and shrubs, which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council and shall be approved in accordance with the site plan review process pursuant to Chapter 17.46; Landscaping shall not interfere with the views cape of surrounding properties or pursuant to Chapter 17.26; Game court lighting shall not be permitted; Design and construction of a game court shall include methods to mitigate visual and noise impacts. that the applicant submit detailed plan. Landscaping to be planted around court perimeter to be designed to screen the • perimeter fencing (10 feet maximum) only. Condition will be imposed prohibiting lighting. Landscaping plan to be required for purpose of beautifying, and buffering the development. Daytime use only will minimize noise. 9. The plan provides for installation of a 6-inch diameter inlet pipe that will collect water at the outer north east corner of the court and direct it to a dissipater at the base of the slope behind the court. This will prevent erosion of the slope below the court. CONCLUSION 10. 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. 11. A tennis court is a use that requires a conditional use permit and must meet certain criteria as set by theState Zoning and Planning Law. In reviewing a CUP the Planning Commission must find that the use is consistent with the General Plan and development standards of the City, including provision for open space and maintaining rural environment and that the use will not adversely affect adjacent properties. 12. With respect to the Conditional Use Permit, the applicant's representative states that the location of the proposed tennis court is the most ideal on the lot, and there are other recreational facilities in the neighborhood. The location will not obstruct views or be a nuisance to other residences and is isolated from other properties. With respect to the Site Plan Review, the applicant's representative states that the proposed grading is the minimum needed to create an almost ZC NO. 801 16 Pine Tree Lane 4 regulation size court while maintaining all slope, drainage, setback and other requirements. 13. In response for justification for the Variances request to exceed the maximum permitted grading quantities and area of grading, the applicant's agent states that the current requirements for grading are not reasonable or practical in a hillside community. 750 cubic yards total, allows only 3-feet of depth over a 7,200 square foot area. The additional graded area is the minimum necessary to construct an almost regulation sized tennis court. The property overall, with 25.5% total coverage, which includes the court is not overbuilt. OTHER AGENCIES APPROVAL 14. Rolling Hills Community Association will review this project at a later date. 15. The project has been determined to be categorically exempt pursuant to Section 15303 (e) of the California Environmental Quality Act (CEQA) Guidelines in that it involves construction of a new small structure that is accessory to the primary residential use. ZC NO. 801 16 Pine Tree Lane 5 • • Zoning Case 801 SITE PLAN REVIEW RA-S- 2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear property line GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.) must be balanced on -site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential Tennis Court Stable (future) Combined 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 (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 801 16 Pine Tree Lane EXISTING II SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES Residence Garage Service yard Pool Pool equipment. Pool house Stable (future) Entry Trellis Outdoor Kitchen Sport Court Basement I TOTAL N/A: 5015 sq.ft. 800 sq.ft 96 sq.ft 759 sq.ft 64 sq.ft. 597 sq.ft. 0 sq.ft 129 sq.ft. 200 sq.ft. 122 sq.ft. 0 sq.ft. 1080 sq.ft. 7,782 sq.ft. PROPOSED TENNIS COURT (SPR, CUP and VARIANCE) Residence 5015 sq.ft. Garage Service yard Pool Pool equipm. Pool house Stable (future) Entry Trellis Outdoor Kitchen Sport Court Basement TOTAL 1,430 cubic yd total 715 cubic yd cut / 715 cubic yd fill 800 sq.ft. 96 sq.ft. 759 sq.ft. 64 sq.ft. 597 sq.ft. 450 sq.ft. 129 sq.ft. 200 sq.ft. 122 sq.ft. 6502 sq.ft. 1080 sq.ft. 14,734 sq.ft 7.4% 14.3% of 100,624 sq.ft. net lot area 18.6% 25.5% of 100,624 sq.ft. net lot area 24.7% I N/A N/A IExisting driveway approach from Pine Tree Lane. N/A N/A 6 �1 71.3% of 9,120 sq. ft. pad 3 6.4% (w/future stable) N/A (future) Future path adjacent to driveway north- west of home Existing driveway approach from Pine Tree Lane. I Planning Commission review. I Planning Commission review. SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: l: 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. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR APPROVAL OF CONDITIONAL USE PERMIT: 17.42.050 Basis for approval or denial of conditional use permit. ZC NO. 801 16 Pine Tree Lane 7 • • 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. SOURCE: City of Rolling Hills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 801 16 Pine Tree Lane 8