886, The variance would all for the, Staff Reports• •
Rallai9 geek
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item No.: 4-A
Mtg. Date: 09/14/15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR (;
THROUGH: RAYMOND R. CRUZ, CITY MANAGER
SUBJECT: RESOLUTION NO. 2015-17. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A
SITE PLAN REVIEW AND VARIANCES TO CONSTRUCT A RAISED DECK AND A
WALL; TO ENCROACH WITH A PORTION OF THE WALL AND WITH THE
RAISED DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED
MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE NO.
885, AT 15 CABALLEROS ROAD, (LOT 21-SK), ROLLING HILLS, CA, (SHIPMAN).
REQUEST AND PLANNING COMMISSION ACTION
1. It is recommended that the City Council receive and file this report or provide
other direction to staff.
2. The applicants, Mr. and Mrs. Alex Shipman currently have two on -grade decks
on the south side of their pool, offset in elevation by 3.75 feet, separated by a raised
planter and accessed by a walkway and steps. At the upper deck nearest the home
(elevation 1286.5), currently there is a waterfall that flows into the pool below, and at
the lower deck (elevation 1282.75) even with the pool deck, there is a small in -grade spa.
To make their poolside area more convenient and usable they propose to consolidate
the two south terraces into a single larger deck/patio. To accomplish this, the
applicants propose to build a new 686 square foot concrete deck directly above the
lower deck atop a 3.75-foot deep gravel base, matching the elevation of the upper deck.
The existing waterfall at the upper level would be permanently removed and the
existing spa at the lower level would be reduced in size and raised up flush with the
level of the new deck. A new outdoor kitchen with cooking facilities and counter is
proposed on the consolidated deck area and a new set of steps will be constructed at the
east end of the pool to provide access up from the pool to the raised deck.
ZC NO. 885
• •
A portion of the new deck will encroach 6.5 feet into the side setback at a height of 3.75
feet. One new 3.75-foot wall will be built on the north perimeter of the new deck, also in
the side setback to retain the new deck. No grading is proposed.
3. The proposed work requires a Site Plan Review for the construction of an above
ground deck structure. Variances are required because the proposed deck and a new
retaining wall will project into the side setback; and because the deck construction will
exceed the allowed total and structural net lot coverage.
4. The Planning Commission by a 4-0 vote approved the project. Commissioner
Smith was absent and excused. They approved the project with conditions that are
specific to this project such as: that no trellis or other above ground structure be
constructed on the deck; that any further construction or development on the property
be reviewed and approved by the Planning Commission; that the vegetation in the
proposed planters may not grow higher at any time than 4'. The Commission found
that the deck construction will occur in an area previously graded and disturbed and
there will be no new grading; that the construction is minimal because it will be
constructed on top of an already existing deck. The elevated condition and "bulk" of the
new deck will be mitigated, as the new deck area will be visually shielded by vegetation
and the existing residence. The non -conforming condition for structural and total
coverage exists due to the size of the house and the other structures on the lot and the
deck will add a very small percentage to this condition; and only due to the fact that it is
an elevated deck, which is counted as structure. The deck will remain as open space.
No neighbors objected to the project.
BACKGROUND
5. The property is zoned RAS-1 and is located at 15 Caballeros Road. The site
contains 1.26 acres (exclusive of roadway easements) and is irregular in shape with
Caballeros Road adjoining the front yard and one side yard. The site is improved with
two pads, one for the main residence, and another for a stable and covered porch.
6. The project site is currently developed with a 5,080 square foot residence, 785
square foot garage, 533 square foot stable, 1,168 square feet of covered porches, an 885
square foot pool and spa and other associated structures. There is also an out of grade
basement on the property and a portion of the residence is located in the front yard
setback, but these are legal non -conforming conditions that will not be exacerbated.
Currently the residence is going thought a major remodel.
Permit records indicate that the home and stable were constructed in 1962 and the pool
and decking in 1968. There have been no major home additions since the original
construction.
7. One neighbor attended the field trip and had no objections to the project with the
request that a condition be placed on the project that no roofed structure be allowed on
the raised deck.
ZC NO. 885
MUNICIPAL CODE COMPLIANCE
8. A Site Plan Review is required because the proposed raised deck is a structural
addition. Variances are required for the following reasons: 1) the deck requires
placement of a new 3.75-foot retaining wall within the 20-foot wide east side yard
setback (Sec. 17.16.150 - Structures and driveways permitted in setbacks); 2) the deck,
elevated above the ground, project 6.5 feet into the east side yard setback (Sec.
17.16.140B - Permitted projections); 3) construction of the deck will exceed the
maximum 20% allowed structural coverage (Sec. 17.16.070.1) and the maximum 35%
allowed total (structural and flatwork) lot coverage (Sec. 17.16.070.2).
Approximately 145 square feet of the proposed raised deck would encroach 6.5 feet into
the 20-foot side yard setback. The portion of the deck located in the side setback will be
3.75 feet above grade on the north and east sides. Pursuant to Section 17.16.140B, above
grade, uncovered porches are not permitted in setbacks. The applicant also intends to
reconfigure the existing service yard area adjoining the garage and re -landscape the
slope between the service yard and deck, replacing stepping -stones that provide access.
Although there are existing walls on the west, south and east sides to support the new
deck, a new wall is needed on the north side of which a portion will project 6.5 feet into
the side setback.
In this case the proposed wall will not exceed the height of other existing planter walls
around the perimeter of the raised deck and sufficient clearance will be provided for
pedestrian passage.
9. The net lot area for development purposes is 36,859 square feet. With respect to
the coverage Variances, the structural coverage (20% maximum, currently
nonconforming) on the lot will be increased by 1.9% to 26.46%, with the allowed
deductions, and the total coverage (35% maximum, currently nonconforming) will be
increased by .35% to 44.22%.
10. The site has 100% disturbed area, exceeding the maximum of 40%. This is a legal
nonconforming condition that will not be exacerbated; therefore no variance is required.
11. The residence and pool building pad is 18,511 square feet in area and currently
has coverage of 44.25%. With the project, the pad coverage will increase to 48.5%. The
guideline established by the Planning Commission is 30% maximum pad coverage.
REVIEW CRITERIA AND APPLICANTS' TUSTIFICATION
12. When reviewing a Site Plan Review and Variance 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; is in
ZC NO. 885
• •
keeping with the desired development pattern and character of the City; and otherwise
preserves and protects the health, safety and welfare of the citizens of Rolling Hills as
well as consider any extraordinary conditions on the property for granting of a
variance.
The applicants' representative has stated the following justifications for approval:
• The existing decks are terraced due to the sloping conditions on the property,
which provide a constraint in creating outdoor living areas of reasonable size to
be adequately furnished and usable.
• The proposed deck is to be constructed on and replaces an existing deck area in
an already disturbed area.
• The proposed deck at a raised elevation is not expected to create any new noise
or visual impacts, as it will be screened by property line walls and vegetation
and will be visible only from the applicants' property.
• The relatively small size and sloping topography, as well as the existing layout of
the home and pool preclude creating a similarly sized deck or patio elsewhere on
the lot without new grading and construction of new retaining walls.
13. The Rolling Hills Community Association Architectural Committee will review
this project at a later date.
14. The project is exempt from CEQA (California Environmental Quality Act)
requirements.
ZONING CASE NO. 885
SITE PLAN REVIEW
RA-S- 1 ZONE SETBACKS
Front: 50 ft. from front
easement line
Side: 20 ft. from side property
line
Rear: 50 ft. from rear
property line
SPR required for raised deck.
Variances for encroachment
of the deck and wall into side
setback and exceedance of
total lot coverage and
structural coverage.
ZC NO. 885
EXISTING
PROPOSED
SINGLE FAMILY RESIDENCE, SINGLE LEVEL DECK WITH
GARAGE, POOL, STABLE, SUPPORTING WALL AND
TERRACED DECKS OUTDOOR KITCHEN
Residence
Garage
Pool/spa
Pool equip.
Stable
Service yard
Water feature
Attached porch
Trellis (attachd)
Decks (above
grade)
Outdoor Kitchn
TOTAL
5080 sq.ft.
785 sq.ft.
885 sq.ft.
53 sq.ft.
533 sq. ft.
130 sq.ft.
36 sq. ft.
1168 sq ft.
417 sq. ft.
0 sq. ft.
0 sq. ft.
9087 sq.ft.
Residence
Garage
Pool/spa
Pool equip.
Stable
Service yard
Water feature
Attach porch
Trellis (attachd)
Decks (above
grade)
Outdoor Kitchn
TOTAL
5080 sq.ft.
785 sq.ft.
852 sq.ft.
53 sq.ft.
533 sq.ft.
130 sq.ft.
0 sq.ft.
1168 sq. ft.
417 sq.ft.
686 sq. ft
170 sq. ft.
9874 sq. ft.
•
•
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/pool (Pad 1)
Stable (Pad 2)
DISTURBED AREA
(40% maximum; any graded
building pad area, any
remedial grading (temporary
disturbance), any graded
slopes and building pad
areas, and any non -graded
area where impervious
surfaces exist.)
STABLE (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
ZC NO.885
N/A
24.55 % or 9051 of 36,859 s.f. net lot
area (w/ deductions)
43.87% or 16,172 s.f. net lot area
(with deductions)
40.8% (with deductions)
66.32% (with deductions)
100%, or 36,859 sq. ft.
Existing
Existing
Existing driveway approach
N/A
N/A
N/A
26.8% of 36,859 s.f. net lot area
(26.46%or 9754 w/deductions)
44.22% or 16,300 s.f. of 36,859
s.f. net lot area (w/ deductions)
44.65% (with deductions)
66.32% (with deductions)
100%, or 36,859 sq. ft.
Existing
Existing
Existing driveway approach
Planning Commission review
Planning Commission review
• .
SITE PLAN REVIEW CRITERIA
11.46.010 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.
11.46.050 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.
ZC NO. 885
• •
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone
but which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be
observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
ZC NO. 885
• •
THIS PAGE INTENTIONALLY LEFT BLANK
lDJ
RESOLUTION NO. 2015-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCES TO CONSTRUCT A RAISED DECK AND A WALL; TO
ENCROACH WITH A PORTION OF THE WALL AND WITH THE RAISED
DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED
MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE
NO. 885, AT 15 CABALLEROS ROAD, (LOT 21-SK), ROLLING HILLS, CA,
(SHIPMAN).
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 Alex and Marie Shipman with
respect to real property located at 15 Caballeros Road, (Lot 21-SK), Rolling Hills, CA
requesting a Site Plan Review and Variances to construct a 686 square foot raised deck
with supporting retaining walls. The raised deck would be 3.75 feet above grade
including a planter wall 3' above the raised deck along the eastern limit of the raised
deck. The raised deck would encroach 6.5 feet into the 20-foot wide easterly side
setback and a portion of a.wall located along the north side of the new deck would also
encroach into the side setback, with said construction, to exceed the maximum allowed
coverage with an increases from 24.55% to 26.78% where 20% maximum allowed for
structural coverage and, an increase from 43.87% to 44.22% where 35% maximum
allowed for total lot coverage.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 21, 2015 at regular Planning Commission meetings
and in the field also on July 21, 2015. The applicant was notified of the public hearings
in writing by first class mail. Evidence was heard and presented from all persons
interested in affecting said proposal and from members of the City staff and the
Planning Commission having reviewed, analyzed and studied said proposal. The
applicants' representative was in attendance at the regular meeting hearing. One
neighbor came to the field trip meeting, but did not object to the project, except to
request that she be notified if the owners propose any new trellis of other high structure
on the patio.
Section 3. The subject property is zoned RAS-1, located on Caballeros Road,
irregularly shaped lot, with net lot area for development purposes of 36,859 square
feet. The proposed raised deck would be at the same elevation as an existing upper
terrace, creating a consolidated single outdoor living area as opposed to two separate
tiered terraces. A new outdoor kitchen is to be constructed on the consolidated terrace
area.
Reso. 2015-17
15 Caballeros Rd.
• •
Section 4. The Planning Commission finds that the project qualifies as Class
3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental
Quality Act) Guidelines as new construction of a small structure and is therefore
exempt from environmental review.
Section 5. A Site Plan Review is required subject to Section 17.46.020 of the
Zoning Ordinance, in that the proposed raised deck is a structural addition. With
respect to the Site Plan Review application for the subject deck, the Planning
Commission makes the following findings of fact:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein by Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low -density residential development with
sufficient open space between surrounding structures. The deck construction will
occur in an area previously graded and disturbed and there will be no new grading.
The elevated condition and "bulk" of the new deck will be mitigated, as the new deck
area will be visually shielded by vegetation and the existing residence.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because no grading is required and the proposed deck
improvement is relatively minor change to an existing outdoor patio area, and would
be located above an existing patio. The construction will not adversely affect or be
materially detrimental to the adjacent uses, buildings, or structures because the
proposed improvements will be constructed on a portion of the lot which is least
intrusive to surrounding properties, will be screened and landscaped with vegetation
and is of sufficient distance from nearby residences so that the proposed project will
not impact the view or privacy of surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of homes in the surrounding RA-S-1 similarly zoned
neighborhood. The proposed project entails a construction of a raised deck
approximately 686 square feet in area, within an existing outdoor living and
recreational area on the property consisting of a swimming pool, water element,
terraced "on -grade" patios and spa for the purpose of enhancing and facilitating
outdoor living on the site, a common residential amenity enjoyed by property owners
throughout the City. The proposed raised deck would be located above and within the
same configuration as an existing on grade deck.
D. The development plan generally follows natural contours of the site to
the maximum extend practicable to accomplish groomed and usable areas of the lot,
subject to concurrent approval of Variances pursuant to Section 6 of this resolution.
The proposed raised deck would be located above and within the same configuration
as an existing on grade deck.
Reso. 2015-17
15 Caballeros Rd.
2 to
• •
E. Natural drainage courses will not be affected by the project. No grading
is proposed and therefore existing drainage channels are not anticipated to be
impacted. The project construction will not be located in a canyon or on existing
slopes that exceed 25%.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no
change is proposed to the existing driveway, which is in compliance with applicable
requirements.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a
parcel of property to the same extent enjoyed by similar properties in the same
vicinity or zone. In proposing to encroach 6.5 feet into the 20-foot easterly side yard
setback with a new raised deck supported by a 3.75-foot tall retaining wall, Variances
are required to grant relief from the following Sections of the Zoning Ordinance:
17.16.150 (Structures and driveways permitted in setbacks), where the height of the
proposed deck -greater than 12" above grade, and supporting retaining wall greater
than 3', and 17.16.070 (maximum allowed lot coverage) in which case the proposed
total structural and total lot coverage area would exceed the allowed amounts with an
increases from 24.55% to 26.78% where 20% maximum is allowed for structural
coverage and, an increase from 43.87% to 44.22% where 35% maximum total lot
coverage is allowed. With respect to the aforementioned requests for Variances, the
Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding requested variance from Zoning Ordinance Sections 17.16.150, and
17.16.070 relating to the height and projection into the setback for the proposed deck
and wall: there is an existing fall in elevation of approximately 13 feet between the
garage exterior grade and elevation of lower pool deck below, between which the
property is improved with existing terraces and access steps between. The sloping
condition of the lot in this area constrains the ability to have a single level outdoor
living area of a size that can be adequately furnished and usable. Projection of the
raised deck into the side setback would enable the property owners to construct a
reasonably sized level patio designed for outdoor living by utilizing an existing
planter wall in the easterly setback as a structural support. The proposed raised deck
would be located above and within the same configuration as an existing on grade
deck.
Regarding the requested variance from Section 17.16.070, relating to maximum
structural and total lot coverage limits: the property has an unusually long street
Reso. 2015-17
15 Caballeros Rd.
• •
frontage along Caballeros Road, of approximately 485 lineal feet, which, due to
related roadway easements and applicable setbacks, effectively diminishes the base
"net lot area" upon which allowed impervious and structural coverage is based. In
addition, the exceptional length of the existing driveway, which is necessary in order
to avoid sloping conditions along Caballeros Road, requires a large amount of paved
area, which in turn, reduces the residual amount of lot area that can be covered with
impervious material without exceeding the limit. Likewise the size of the existing
home including several covered porches, constrains the residual amount of net lot
area that can be covered with new structural improvements without exceeding the
code limit.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity
and zone but which is denied to the property in question by strict application of the
code. The property right which otherwise would be enjoyed is the ability to utilize a
portion of their rear yard with a sizeable patio to accommodate outdoor recreational
use, including an outdoor kitchen, which currently can not be enjoyed due to the
terraced configuration. The location of the deck is the least visually intrusive to the
property and its neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and
zone in which the property is located in that the degree of deviation from the allowed
amount of encroachment (6-inches) and wall height (9 inches) is relatively minor.
Further, the proposed patio would not be visible from the adjoining street or private
properties and therefore is not expected to result in any visual or privacy impacts.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed patio construction will be orderly, attractive, in
line with an existing on -grade patio footprint and will not affect the rural character of
the community. The subject property is currently improved with a suitable stable and
corral area and the proposed patio will not impact use of these existing structures.
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.
F. The Variance is consistent with the portions of the County of Los
Angeles Hazardous Waster Management Plan relating to siting and siting criteria for
hazardous waste facilities.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and Variances in Zoning Case No. 885 for new
Reso. 2015-17
15 Caballeros Rd.
4 @
raised deck, walls and to exceed the maximum permitted structural and total lot
coverage subject to the following conditions:
A. Expiration. The Site Plan and Variances approval shall expire within
two years from the effective date of approval if construction pursuant to this approval
has not commenced within that time period, as required by Sections 17.38.070(A) of
the Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of those sections.
B. Enforcement. It is declared and made a condition of the approval, that if
any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the City has given the
applicants written notice to cease such violation, the opportunity for a hearing has
been provided, and if requested, has been held, and thereafter the applicant fails to
correct the violation within a period of thirty (30) days from the date of the City's
determination.
C. Plan conformance with Municipal Code and Planning Commission
approval Resolution. 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.
The lot shall be developed and maintained in substantial conformance with the site
plan on file dated June 30, 2015, except as otherwise provided in these conditions.
The working drawings submitted to the Department of Building and Safety for plan
check review must conform to the development plan approved with this application.
A copy of the conditions of this Resolution shall be printed on plans approved when a
building permit is issued and a copy of such approved plans, including conditions of
approval, shall be available on the building site at all times.
The licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate affirming that the plans conform in all
respects to this Resolution approving this project and including conformance with all
of the conditions set forth therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building permit for this project shall execute a
Certificate of Construction stating that the project will be constructed according to this
Resolution and any plans approved therewith.
D. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property or this project, which would
constitute additional grading, height or any structural development including a
Reso. 2015-17
15 Caballeros Rd.
5 @
• •
trellis or other similar above ground structure shall require the filing of a new
application for approval by the Planning Commission.
E. There shall be no grading for this project.
F. Structural lot coverage shall not exceed 9,874 square feet, or 26.78%; with
allowance the structural coverage shall be no more than 26.46%.
Total lot coverage of structures and paved areas shall not exceed 8,978 square feet or
44.65% or, with allowances, 8,266 square feet or 48.5% without allowances in
accordance with the proposed plan.
G. The disturbed area of the lot is 100% (of net lot area) and as such is legal
nonconforming. The proposed construction shall be contained as proposed within an
already disturbed area of the property.
H. Residential building pad coverage on the 18,511 square foot residential
building pad shall be 44.65% including allowed deductions or 48.5% without
deductions, which includes the proposed raised patio.
I. The existing stable and corral or 1,000 square foot area, feasible for
development of a stable, corral and access thereto, shall be retained on the property.
J. The applicant shall obtain building permits for the proposed raised patio
addition and walls.
K. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
L. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways. During construction,
to maximum extend feasible, employees of the contractor shall car-pool into the City.
M. 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.
N. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of stormwater drainage facilities.
Reso. 2015-17
15 Caballeros Rd.
Further, the property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
O. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance.
P. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler shall provide the appropriate documentation to the City.
Q. If any new landscaping is introduced for this project, either within a
planter or along a wall, such vegetation shall be maintained to not exceed a height of 4-
feet above finished grade at all times.
R. Rolling Hills Community Association Review. The project must be
reviewed and approved by the Rolling Hills Community Association Architectural
Review Committee prior to the issuance of building permit. Perimeter easements and
trails, if any, shall remain free and clear of any improvements including, but not be
limited to, fences -including construction fences, grading, landscaping, irrigation and
drainage devices, play equipment, parked vehicles, driveways, building materials,
debris and equipment, unless the Rolling Hills Community Association approves an
encroachment.
S. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http://www.wrh.noaa.gov/lox/main. php?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
T. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective
PASSED, APPROVED AND ADOPTED
/BRAD CLCH$RMAN
HEIDI LUCE, CITY CLERK
Reso. 2015-17
15 Caballeros Rd.
2015.
• •
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.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCES TO CONSTRUCT A RAISED DECK AND A WALL; TO
ENCROACH WITH A PORTION OF THE WALL AND WITH THE RAISED
DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED
MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE
NO. 885, AT 15 CABALLEROS ROAD, (LOT 21-SK), ROLLING HILLS, CA,
(SHIPMAN).
was approved and adopted at a regular meeting of the Planning Commission on
August 18, 2015 by the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
\J
CITY CLERK
Reso. 2015-17
15 Caballeros Rd. 8
TO:
FROM:
• •
ge,"( Roa,t9 qedea
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item: 6C
Mtg. Date: 8/18/15
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR Vd/
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 886
5 BUGGY WHIP DRIVE
RA-S-2, 2.09 ACRES (EXCL. ROAD EASEMENT)
DANIEL NGUYEN
DAN BOLTON, BOLTON ENGINEERING
JULY 9, 2015
REQUEST AND RECOMMENDATION
1. The applicant requests a Site Plan Review and Variance to retain as built
outdoor amenities, which encroach into the required setbacks and an up to 4.2'
high retaining wall as follows:
A. Site Plan Review:
i. Replace an unpermitted 265' long, not to exceed 4.2' high stacked block retaining
wall with same height masonry retaining wall along the access path to the stable.
The wall ranges in height from 2.1' to 4.2' at the highest point.
B. Variances:
i. Allow the unpermitted wall (above) to be located in the north side yard
setback
ii. Retain an unpermitted 89 square foot barbeque and sink with oven amenity in
the front yard setback
iii.Allow completion of a 355 square foot trellis of which 59 square feet would
encroach into the front yard setback
iv. Retain an unpermitted 81 square foot fire place, of which 55 square feet
encroaches into the south side yard setback
2. The Planning Commission conducted a field trip to the subject property on July
21, 2015 and at its regular meeting on the same date, conducted a public hearing and
directed staff to prepare a Resolution approving the application subject to conditions.
ZC NO.886 �i`
• •
The attached Resolution No. 2015-19 contains standard findings of fact and conditions,
including conditions specific to this case, such as: that any further construction or
development on the property be reviewed and approved by the Planning Commission;
that the drainage along the north property line be revised and corrected, so that the
water does not run-off onto the adjacent property; that the project be completed within
six month of approval; that by September 15, 2015 or sooner if there is forecast of a rain
event, sand bags be laid along the north property line up to the limit of the building pad
and 10' beyond along the down slope to prevent water from reaching the adjacent
property.
3. It is recommended that the Planning Commission review and consider the
attached Resolution for approval.
ZC NO.886
• •
RESOLUTION NO. 2015-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO
ALLOW UNPERMITTED ACCESSORY AMENITIES WHICH ENCROACH
INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO
REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP
DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA. (NGUYEN).
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 Mr. Daniel Nguyen with respect
to real property located at 5 Buggy Whip Drive, Rolling Hills, CA requesting a Site
Plan Review to reconstruct an unpermitted 265' long, not to exceed 4.2' high stacked
block retaining wall with same height masonry retaining wall along the access path to
the stable and Variances to retain unpermitted outdoor accessory amenities and the
reconstructed retaining wall in the front and side setbacks. Other than the wall, the
outdoor unpermitted structures that require a variance are as follows:
a) 89 square foot barbeque and sink with oven in the front yard setback
b) partially constructed 355 square foot trellis of which 59 square feet would
encroach into the front yard setback
c) 81 square foot fire place, of which 55 square feet encroaches into the south
side yard setback
Section 2. These improvements came to the attention of the City staff as a
complaint together with a complaint related to drainage run-off from a D.G. path onto
adjacent property. Although the drainage repair does not require a discretionary
review, it is an existing condition on the property creating a nuisance to a neighbor;
therefore, it is a requirement of this approval that the applicant correct this condition.
The wall and the outdoor amenities were constructed without City approvals or
building permits. The wall as constructed does not meet the LA County Building Code
standards for construction of retaining walls and therefore must be reconstructed and
reinforced.
Section 3. The Planning Commission conducted duly noticed public
hearings to consider the application at a regular Planning Commission meeting and in
the field on July 21, 2015. The applicant was notified of the public hearings in writing
by first class mail. Evidence was heard and received from all persons interested in
affecting said proposal and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicant and
his representative were in attendance at the hearings.
Reso. 2015-19
5 Buggy Whip Drive
• •
Several neighbors attended the meetings but expressed no objections to the request.
However, a neighbor requested that the drainage be corrected.
Section 4. The subject property is zoned RAS-2 and is currently developed with
a 4,734 square foot residence, 1,008 square foot garage, 640 square foot swimming pool,
890 square foot stable, service yard, arbor, trellis and entryway and the unpermitted
structures subject to this Resolution, for a total structural coverage of 10.9% of the lot.
Section 5. The project is exempt from the California Environmental Quality Act
(CEQA) pursuant to section 15303 of the CEQA Guidelines, which addresses accessory
structures (Class 3 Categorical Exemption).
Section 6. Section 17.16.190(F) requires a Site Plan Review for walls over 3' in
height. With respect to the Site Plan Review application for the retaining wall, which
does not exceed 4.2' at any one point along the accessway to the stable, the Planning
Commission finds as follows:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein by Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with goals
and policies that require low profile, low -density residential development with sufficient
open space between surrounding structures and following strict grading practices to
preserve the community's natural terrain. The wall construction will occur in an area
previously graded and disturbed and there will be no new grading. The wall minimally
exceeds the height that staff could approve administratively and is necessary to retain a
slope above the accessway to the stable. The condition and "bulk" of the wall will be
mitigated, as the new wall is not visible from any neighbors.
The wall is to correct an illegal wall condition on the lot. The proposed retaining wall is
intended to provide a permanent solution to retaining a steep slope above the access to
the stable.
B. The development plan substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage because the project does not add to
building coverage.
C. The proposed retaining wall, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed project
is consistent with the scale of development in the surrounding RA-S-2 similarly zoned
neighborhood. The proposed project entails a re -construction of an unpermitted,
substandard 265' long wall along an existing accessway to a stable. A large portion of the
wall is 3' in height or less and would not require discretionary approval. Only that
portion that is higher than 3' requires a Site Plan Review. The construction is required in
order to support a 2:1 slope behind the wall. The construction will not adversely affect
or be materially detrimental to the adjacent uses, buildings, or structures because the
Reso. 2015-19
5 Buggy Whip Drive
2 ( \
• •
proposed improvements will be constructed on a portion of the lot which is least
intrusive to surrounding properties, has been previously graded and disturbed, and is of
sufficient distance from nearby residences that the proposed project will not impact the
view or privacy of neighbors.
D. The development plan generally follows natural contours of the site to the
maximum extend practicable to accomplish a necessary retaining wall in order to
support a 2:1 slope behind the accessway, which is necessary to access a stable and corral
area on the lot.
E. Natural drainage courses will not be affected by the project. No grading is
proposed and therefore existing drainage channels are not anticipated to be impacted.
On the contrary, with this approval, a drainage concern from the access way onto the
adjacent property to the north will be corrected. The project construction will not be
located in a canyon or on existing slopes that exceed 25%.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no change is
proposed to the existing driveway, which is in compliance with applicable requirements.
G. The project conforms to the requirements of the California Environmental
Quality Act because it is categorically exempt.
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. Section 17.16.150(F) and (G), which list permitted projections and
encroachment with walls into setbacks and Section 17.16190(H), which lists conditions
for accessory outdoor amenities, do not allow accessory structures or walls above 3' high
to be located in any setbacks. A Variance to Section 17.16.120(B) is required because it
states that every lot in the RAS-2 zone shall have a side setback of not less than 35 feet
from the side property line and Section 17.16.110 requires that every lot in the City shall
have a front setback of not less than 50 feet from the road easement line. The applicant is
requesting a Variance to encroach with the as built outdoor amenities and portions of a
retaining wall into the front and side setbacks. With respect to this request for Variance,
the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions applicable to the
property that do not apply generally to other properties in the same vicinity and zone
because the existing residence currently encroaches into the front setback. The outdoor
barbeque and kitchen are designed to be in line with the existing encroachment into the
front setback created by the residence. The fireplace is built into a hillside that would
Reso. 2015-19
5 Buggy Whip Drive 3
otherwise present a challenge to development. The retaining wall is required to provide
structural support for the slope above.
B. The variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same vicinity and zone but which is
denied the property in question because many properties in the same vicinity and zone
have outdoor amenities such as a fireplace, outdoor kitchen and fireplace. The proposed
locations of the outdoor amenities are the least visually intrusive to the property and its
neighbors.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone in
which the property is located. The proposed development in the side and front setbacks
is minimal and up slope from the property line. The area of the barbeque, outdoor
kitchen and fireplace would not impair views. The retaining wall along the access to the
stable is down slope from the main building pad and is necessary to support the slope
above. Further, the residence already provides an encroachment into the front setback
and the retaining wall. The side encroachment resulting from the fireplace is very minor
and is not visible from the street or other residences. The structural lot coverage and the
total impervious lot coverage are within the requirements of the City. Finally, because
the approval is conditioned on repairing an existing drainage run-off from a D.G. path onto
adjacent property, the project will improve the welfare of neighboring properties.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed development will be orderly, attractive and will not
interfere with the rural character of the community. The existing, as built amenities do
not encroach into potentially future equestrian uses on the property. A stable and corral
exists on the site.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the structures comply with the General Plan requirement of low
profile, low -density residential development with sufficient open space between
surrounding structures. The structural lot coverage and the total impervious lot
coverage are within the requirements of the City. Although the improvements are
located in the setbacks, they are passive uses and minor encroachments that will not
significantly reduce open space between surrounding structures. The distance from the
front yard encroaching trellis to the closest residence is 80' and from the outdoor kitchen
over 100 feet, as measured in a straight line between the structures.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and a Variance in Zoning Case No. 886 to retain
the as built accessory outdoor structures and retaining wall subject to the following
conditions:
Reso. 2015-19
5 Buggy Whip Drive 4
• • •
A. The Site Plan and Variance approval shall expire within six months from
the effective date of approval if building permits are not obtained for the "as built"
structures on the lot and final inspection issued for those structures by the Building
and Safety Department. The reconstruction of the wall and repair of the drainage
along the accessway to the stable shall also be completed within six months from the
effective date of approval. Notwithstanding the foregoing, this approval shall not
expire if an extension is obtained pursuant to the requirements of Sections 17.46.080(A)
and 17.38.070(A) of the Rolling Hills Municipal Code.
B. It is declared and made a condition of the approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the City has given the applicants written notice to
cease such violation, the opportunity for a hearing has been provided, and if a hearing
has been requested, it has been held, and thereafter the applicant fails to correct the
violation within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in this approval, or shown otherwise on an approved
plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated July 15, 2015, except as otherwise provided in these
conditions.
E. Construction plans for the as built structures subject to this application
shall be submitted to the Department of Building and Safety and building permits
obtained for their construction. In addition, a drainage plan shall be submitted to the
Department of Building and Safety to correct the current method of drainage along the
north property line from the street to the top of slope on subject property. All run-off
shall be directed away from the adjacent property to the north.
F. There shall be no grading for this project, however, if necessary, fine
grading/sculpting of the D.G. accessway may be permitted, subject to the review by
City staff and the Building and Safety Department.
G. The structural lot coverage shall not exceed 8,452 square feet or 10.9%-
with allowed deductions (20% permitted); and the total lot coverage including the
structures and paved areas shall not exceed 12,818 square feet or 16.57%,with allowed
deductions, (35% permitted).
H. The areas of the unpermitted structures have been previously disturbed.
Disturbed area of the lot is 55.6% of the net lot area (43,000 sq.ft.), which was
previously approved with a Variance.
Reso. 2015-19
5 Buggy Whip Drive
• •
I. The existing residential building pad (not in setbacks) is 15,984 square
feet. The building coverage on this pad is 43% and the proposed coverage will also be
43%, due to the allowance for deduction of the accessory structures.
J. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
K. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking may take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways or trails. During
construction, to maximum extend feasible, employees of the contractor shall car-pool
into the City.
L. At all times property owners shall be required to schedule and regulate
construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
M. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
Further, the property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
N. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance.
O. If any landscaping is introduced for this project, the trees or shrubs shall
be of a type that do not grow higher than the ridge line of the residence and shall be
maintained at such height at all times, so as not to impair neighbors' view. The
landscaping, if planted, shall include native drought -resistant vegetation and be
planted in an offset manner so that not to result in a hedge like screen. If landscaping
of 5,000 square foot area or greater is introduced the landscaping shall be subject to the
requirements of the City's Water Efficient Landscape Ordinance.
P. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans
conform in all respects to this Resolution approving this project and all of the
conditions set forth therein and the City's Building Code and Zoning Ordinance.
Reso. 2015-19
5 Buggy Whip Drive
6 O
• •
Further, the person obtaining a building permit for this project shall execute a
Certificate of Construction stating that the project will be constructed according to this
Resolution and any plans approved therewith.
Q. The Rolling Hills Community Association shall approve the as built
structures and the location of the proposed drainage devices.
R. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http://www.wrh.noaa.aov/Iox/main.php?suite=safety&page=hazard definitions#FI
RE. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications or further development on the property or this
project, which would constitute additional grading, height or structural
development shall require the filing of a new application for approval by the
Planning Commission.
T. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective.
U. All conditions of this approval, that apply, shall be complied with prior
to the issuance of building permits and shall be printed on the approved plans.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST 2015.
BRAD CHELF, CHAIRMAN
ATTEST:
HEIDI LUCE, CITY CLERK
Reso. 2015-19 95 Buggy Whip Drive 7
• •
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.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO
RECONSTRUCT AN EXISTING RETAINING WALL AND VARIANCE TO
ALLOW UNPERMITTED ACCESSORY AMENITIES WHICH ENCROACH
INTO THE REQUIRED SETBACKS, INCLDING PARTS OF THE WALL, TO
REMAIN ON THE PROPERTY IN ZONING CASE NO. 886, AT 5 BUGGY WHIP
DRIVE, (LOT 245-A-MS), ROLLING HILLS, CA. (NGUYEN).
was approved and adopted at a regular meeting of the Planning Commission on
August 18th, 2015 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
CITY CLERK
Reso. 2015-19
5 Buggy Whip Drive 8 f O
TO:
•
eely °6 �a qee4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
Agenda Item: 4C
Mtg. Date: 07/21/15 FT
HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 886
5 BUGGY WHIP DRIVE
RA-S-2, 2.09 ACRES (EXCL. ROAD EASEMENT)
DANIEL NGUYEN
DAN BOLTON, BOLTON ENGINEERING
JULY 9, 2015
REQUEST AND RECOMMENDATION
1. The applicant requests a Site Plan Review and Variances to retain as built
outdoor amenities, which encroach into the required setbacks and an up to 4.2'
high retaining wall as follows:
A. Site Plan Review:
i. Replace an unpermitted 265' long, not to exceed 4.2' high stacked block retaining
wall with same height masonry retaining wall along the access path to the stable.
The wall ranges in height from 2.1' to 4.2' at the highest point.
B. Variances:
i. Allow the unpermitted wall (above) to be located in the north side yard
setback
ii. Retain an unpermitted 89 square foot barbeque and sink with oven amenity in
the front yard setback
iii. Allow completion of a 355 square foot trellis of which 59 square feet would
encroach into the front yard setback
iv. Retain an unpermitted 81 square foot fire place, of which 55 square feet
encroaches into the south side yard setback
2. It is recommended that the Planning Commission review the staff report, view
the project in the field take public testimony and continue the meeting to the evening
meeting beginning at 6:30 pm on July 21, 2015.
ZC NO. 886
• •
BACKGROUND
3. Since 2009 the applicant received several approvals for work on the property.
Administrative over the counter approvals were granted for various additions, arbor by
the corral and solar panels and discretionary approval of a Conditional Use Permit and
Site Plan Review were granted for grading, construction of retaining walls, stable and
corral.
The applicant had previously proposed a 240 square foot trellis/pergola, majority of
which was proposed to be located in the front setback in the general location of the
currently partially constructed trellis, but withdrew the request following Planning
Commission hearing.
The RHCA approved an access to the stable in the Association's easement. The applicant
widened the access and cut into the slope, which necessitated the retaining wall.
4. Several months ago it was brought to the City's attention that construction was
taking place on the property. Upon inspection it was determined that several amenities
were already constructed and that the trellis was under construction. Work was stopped
and the applicants were informed to either remove the unpermitted structures in the
setbacks or apply for a Variance.
The complaint also included a drainage issue along the D.G. path and built up dirt on the
neighbors' slope. These two issues are being addressed separately and do not require
discretionary review. A drainage plan is included with this site plan.
According to the engineer, they're proposing to install a concrete curb and gutter along
the edge of the access road, with a drain inlet at the end of it with a pipe that would
discharge at the street. Also proposed is some pressure treated 2x4 or 4x4 installed flush
in the decomposed granite to break up the erosion rivulets that tend to form. All this
will impact the DG surface and may require some fine grading/sculpting of the DG,
which they would also expect for remedial work with the retaining wall.
The engineer's opinion is that it doesn't seem reasonable to expect the homeowner to
reconstruct an access once when he has an application pending with the City that will
require it to be reconstructed again.
If there is concern about cross lot drainage during the interim period, the engineer
would recommend sandbags or gravel bags to direct runoff to the road easement, rather
than to the neighboring property.
5. Except for the up to 4.2' high retaining wall, the outdoor amenities, subject to this
application, would be allowed on the property with an administrative approval if they
were not located in setbacks. A building permit is required for all of the as built
structures.
ZC NO. 886
• •
According to the City's Building Official, the existing retaining wall along the stable
access does not meet building code requirements, and therefore the method of
construction must be altered from stacked wall to a masonry wall. According to the
building official the wall supports a surcharge and a stacked wall is not adequate for such
support.
6. The property is currently developed with a 4,734 square foot residence, 1,008
square foot garage, 640 square foot swimming pool, 890 square foot stable, service yard,
arbor, trellis and entryway for a total structural coverage of 10.9% of the lot.
MUNICIPAL CODE COMPLIANCE
7. Pursuant to the Zoning Code requirements (Sec. 17.12.190 "S" and 17.16.150)
setbacks are to remain free of any structures, with some exceptions. A not to exceed 3'
high rubble wall, stairs and irrigation systems are allowed in setbacks. Not to exceed 3'
high retaining walls, not requiring grading are allowed along a driveway, walkways or
stairs. Grading is defined (Section 17.12.070 "G" words, terms and phrases) as "man-
made alteration of the existing natural ground surface, resulting in earthforms and
contours, which differ from the ground surface that existed prior to the alteration".
Under this definition, the applicant graded the area closest to the wall to create a wider
path to the stable, thus the requirement for a Variance for the retaining wall, (not just the
portion that exceeds 3').
Originally there existed a 5-6' wide path along the north property line, which provided
access to the rear of the lot. There was a short garden wall along the path, which was
removed to allow for wider access.
8. The areas of the unpermitted structures have been previously disturbed.
Disturbed area of the lot is 55.6% of the net lot area (43,000 sq.ft.), which was previously
approved with a Variance.
9. There are two building pads on the property. The existing residential building
pad (not in setbacks) is 15,984 square feet. The building coverage on this pad is 43% and
the proposed coverage will also be 43%, due to the allowance for deduction of the
accessory structures of up to 800 sq.ft. The stable pad is 5,000 square feet and has
coverage of 20.2% not counting portions of the covered stable porch.
10. The net lot area of the lot for development purposes is 77,374 square feet. The
structural lot coverage is proposed at 8,993 or 11.7% of the net lot area, and with
allowed deductions would be 8,452 square feet or 10.9% (20% permitted); and the total
lot coverage including the structures and paved areas is proposed to be 12,818 square
feet or 16.57%, with allowed deductions, (35% permitted).
The existing stone patio is proposed to be enlarged by 1,180 square feet to accommodate
the outdoor kitchen.
11. In response for justifications for the Site Plan and Variances, the applicant's
representative states in part as follows:
ZC NO. 886
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A. SITE PLAN REIVEW: The over 3' retaining wall allows for a wider access, in turn
provides for an improved maneuvering and access to the stable. The wall is reasonably
screened from the street and neighbors. A pathway to the rear of the property existed
prior to the construction of the stable and corral, and was bounded by a low retaining
wall. This project widens this access.
The retaining wall does not overwhelm from the perspective of the street, and
the other improvements are further screened allowing for a pleasing vantage when
viewed from off site.
B. VARIANCES: Significant portions of level pads are located in setback and
locating the improvements outside of setback would bring them uncomfortably close to
the existing pool and spa. The wall is necessary to retain the 2:1 slope to allow for a
sufficient access to the stable. Several layers of landscaping, as well as a 2:1 slope
provides privacy and separation from the street and the features.
The outdoor amenities are intended to complement the existing house, pool and
patio without compromising the view from the existing house. The existing house,
which predates the 50 feet front setback rule, already encroaches in the front, (on the
side of the trellis). The new features are sited in the already developed portions of the
lot.
CONCLUSION
12. When reviewing a development application the Planning Commission must
consider whether the proposed project meets the criteria for a Site Plan Review and
Variances.
13. The Planning Commission may approve all or some of the components of this
proposal or deny it. The replacement of the wall is necessary to shore up and contain the
slope above.
14. RHCA Architectural Committee will review the project at a later time.
15. The project is exempt from the requirements of the California Environmental
Quality Act (CEQA).
ZC NO.886
Zoning Case No. 886
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
STRUCTURES
STRUCUTURAL COVERAGE
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING PAD
COVERAGE (30% max.- guideline)
Stable
GRADING
Site Plan Review required if
excavation and/or fill or combination
thereof is more than 3 feet in depth
and covers more than 2,000 sq.ft.
Must be balanced on site.
DISTURBED AREA
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, and
any nongraded area where
impervious surfaces exist.)
STABLE (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
ZC NO. 886
EXISTING
SINGLE FAMILY RESIDENCE,
STABLE AND POOL
Residence
Garage
Att. trellis
Stable
Porch
Service yard
Pool
Pool eqpm.
Entry
TOTAL
10.9 %
15.04%
4734 sq.ft.
1008 sq.ft.
580 sq.ft
890 sq.ft
120 sq.ft.
220 sq.ft
640 sq.ft.
100 sq.ft.
160 sq.ft.
8,452.ft.
42.9% of 15,984 sq.ft. building
pad
46.8% of 5,000 sq.ft.
stable/guest house pad
950 c.y. cut and 950 c.y. fill, to
be balanced on site
43,000 sq.ft. 55.5%
PROPOSED
OUTDOOR AMENITIES and
WALL (in bold)
Residence
Garage
Att. trellis
Stable
Porch
Service yard
Pool
Pool eqpm.
Entry
Trellis
Outdoor Kitchen
Fire Place
TOTAL
11.6% of 77,374 sq.
10.92% w/allowances
16.6% of 77,374 sq.ft. net lot area
w/allowances
42.9% of 15,984 sq.ft. building
pad (w allowances)
46.8% of 5,000 sq.ft. stable/guest
house pad
4734 sq.ft.
1008 sq.ft.
580 sq.ft.
890 sq.ft
120 sq.ft.
220 sq.ft
640 sq.ft.
100 sq.ft.
160 sq.ft.
355 sq.ft.
89 sq.ft.
81 sq.ft.
8,977 sq.ft
ft. net lot area
65 cubic yards for the as built wall
43,000 sq.ft. 55.5%
890 s.f. stable; 550 s.f. corral - 890 s.f. stable; 550 s.f. corral
Existing from Buggy Whip
Existing driveway
N/A
N/A
Existing from Buggy Whip
Existing driveway
Planning Commission condition
Planning Commission condition
• •
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of certain
development projects in the City for the purposes of ensuring that the proposed project is
consistent with the City's 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 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;
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C. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities; and
G. That the variance request is consistent with the general plan of the City of Rolling
Hills.
ZC NO.886