810, New, outdoor grill and paved p, Resolutions & Approval ConditionsRESOLUTION NO. 2012-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
AN ADDITION TO AN EXISTING RESIDENCE ON A PROPERTY WITH A
CONDITION THAT ANY FURTHER DEVELOPMENT BE REVIEWED BY THE
PLANNING COMMISSION AND VARIANCE TO CONSTRUCT A SWIMMING
POOL, TRELLIS, AND OUTDOOR KITCHEN IN THE FRONT YARD AREA OF
THE PROPERTY AND TO EXCEED THE DISTURBED NET LOT AREA OF THE
LOT, AT 0 CHESTNUT LANE, (LOT 241-A-1-MS), (TAKAHASHI). THE
PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Takahashi with
respect to real property located at 0 Chestnut Lane (Lot 241-A-1-MS), Rolling Hills, CA
requesting a Site Plan Review and Variance to construct a 324.5 square foot addition to
the existing house, 896 square foot swimming pool and spa, pool equipment area, 312
square foot detached trellis and outdoor kitchen. A Site Plan Review is required for over
800 square foot swimming pool, as well as the other structures and addition because a
condition exists on the property that any further development must be reviewed and
approved by the Planning Commission. Variances are also requested to exceed the
maximum permitted disturbance of the lot caused by the infinity feature of the
proposed pool, and for location of the trellis, outdoor kitchen and pool in the front yard
area of the lot.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on January 17, 2012 and at a field trip visit on
January 17, 2012. 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.
Section 3. In 2007, the Planning Commission approved a 4,320 square foot
new residence with 885 square foot garage with a Variance to construct a 466 square
foot swimming pool/spa in the front yard area of the lot. Also a sewer system was
approved for this residence, which is an extension of the sewer system on Johns Canyon
Drive and Morgan Lane. The house was completed in 2009 but the swimming pool was
not constructed.
Section 4. In 1992 a Site Plan Review application for a new 1,674 square foot
pre -fabricated residence was approved with grading. A Variance for a 5-foot high wall
Reso. 2012-02 1
in the side setback was approved in 1994. The applicant filed an application in 1996 for
a Lot Line Adjustment between subject property and the adjacent lot, which were
under the same ownership. With the approval of the lot line adjustment, the size of the
subject lot was enlarged from 2.0 acres gross to 2.35 acres gross. In 1996, the applicant
completed grading of the site and constructed the driveway. However, the residence
was not constructed. 55% of the lot was disturbed at that time.
Section 5. 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 6. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval for the construction of a pool that exceeds 800 square
feet. In addition, pursuant to Section 17.46.040 the Planning Commission may
condition an approval to require Site Plan Review for any future construction or
grading on a property, regardless of whether site plan review would ordinarily be
applicable to such construction. With respect to the Site Plan Review application, due
to the restriction placed on this property in 2007 by the Planning Commission on any
future development, the proposed project must be reviewed by the Planning
Commission. With respect to the Site Plan Review application requesting construction
of the addition, pool and trellis, the Planning Commission makes the following
findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses 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 project conforms to Zoning
Code lot coverage requirements. The net lot area of the lot is 89,940 square feet, (2.05
acres). The proposed residence (4,645 sq.ft.), existing garage (885 sq.ft.), covered
porches/entryway (512 sq.ft.), trellis (252 sq.ft.) service yard (96 sq.ft.), proposed
swimming pool (896 sq.ft.), and future stable, which constitutes 9.1% of the net lot
which is within the maximum 20% structural lot coverage requirement. The total lot
coverage including all structures, paved areas and driveway will be 20,757 square feet,
which constitutes 23.2% of the net lot which is within the 35% maximum overall net lot
coverage requirement. The proposed project is screened from the road so as to reduce
the visual impact of the development.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure 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 existing
shrubs and trees on the southern portion on the parcel will remain and will screen the
house from the rear. The nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the lot have been considered, and the
construction of the proposed structures will not adversely affect or be materially
Reso. 2012-02 2
detrimental to the adjacent uses, buildings, or structures because the proposed
structures 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 a
sufficient distance from nearby residences so that the proposed structures will not
impact the view or privacy of surrounding neighbors, and will utilize the existing
building pad for the new construction.
C. 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 maximums set forth in the Zoning Code will not be
exceeded. The proposed construction is compatible in scale and mass with adjacent
properties.
D. The development plan incorporates existing trees and is screened from
other properties and the road by existing mature vegetation, which will be preserved.
As part of this approval, the applicants are required to screen the infinity edge walls
from the roadway.
E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. Grading for this project will involve
145 cubic yards of cut and fill, total and will be balanced on site. The grading will be
generated from the construction of the pool and the excavation for the infinity edge
walls. The disturbance or grading will take place within the existing building pad area,
which was previously disturbed, except that 480 square feet of the slope will be
disturbed for the construction of the infinity edge.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
applicants will utilize an existing driveway, which was previously approved by the
Traffic Commission and the Fire Department.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 7. Section 17.16.200I prohibits the construction of a swimming pool or
other structures in the front yard area of a lot, except where a Variance is approved.
The applicants are requesting to construct an 896 square foot swimming pool, spa
trellis and barbeque area in the front yard. 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. The lot was graded in a manner that the construction of a pool
and outdoor living amenities lend itself to the front location. The topography of the lot
Reso. 2012-02 3
together with the fact that the pad has been already created, cause difficulty in
constructing the new improvements elsewhere on the property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question. The Variance is necessary because the
existing terrain and development on the lot creates a difficulty in placing the new
construction elsewhere on the property. The lot is unique in that it is on a knoll and
any different configuration of structures on the lot would require additional grading.
The pool would be located in an area least obtrusive to adjacent properties.
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 proposed construction will be constructed on an
existing 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 it will not impact the view or privacy of surrounding
neighbors, and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed construction will be orderly, attractive and shall
protect the rural character of the community. The proposed pool, spa, trellis and
outdoor barbeque area will not encroach into the existing or potentially future
equestrian uses on the property. A suitable area for a future stable and corral has been
set aside.
E. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 8. Based upon the foregoing findings in Sections 6, and 7, the
Planning Commission hereby approves the Site Plan Review application and Variance
in Zoning Case No. 810 for construction of an addition, swimming pool with spa, trellis
and outdoor kitchen in the front yard area of a lot as shown on the Development Plan
dated December 11, 2011, subject to the following conditions:
A. The Site Plan Review and Variance 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) and
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. 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
Reso. 2012-02 4
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 this 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 December 11, 2011, except as otherwise provided in
these conditions.
E. 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.
F. Grading shall not exceed that which is necessary to excavate for the
swimming pool and the infinity edge, and shall not exceed 145 cubic yards total.
G. Structural lot coverage shall not exceed 8,126 square feet or 9.1%.
H. Total lot coverage of structures and paved areas shall not exceed 20,757
square feet or 23.2% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 55.5% of the net lot area, and
no more than 480 square feet of the slope area may be disturbed for the infinity pool
edge.
J. Residential building pad coverage on the 19,440 square foot residential
building pad shall not exceed 7,316 square feet or 37.6% (not including the trellis and
outdoor kitchen). The 1,800 square foot stable pad will have coverage of 25.0%.
K. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
L. A drainage plan for the pool and the additional hardscape shall be
prepared and submitted to the Planning Department for review and Building and Safety
Department approval.
M. The north face of the infinity edge walls shall be screened.
N. Prior to the issuance of any building permit a landscaping plan shall be
submitted for review by the Planning Department for the pool and screening of the
lower wall. Native trees and other native plants shall be utilized, and which are
consistent with the rural character of the community. Trees and shrubs shall be planted
so as not to impair views of neighboring properties but to screen the wall.
Reso. 2012-02 5
O. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards.
P. The property on which the project is located shall contain a set aside area
to provide an area meeting all standards for a stable, corral with access thereto.
Q. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water in an approved manner.
R. During and after construction perimeter easements and trails 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, except that the Rolling Hills Community Association may approve certain
encroachments.
S. A minimum of 50% of the demolition and construction material shall be
recycled, pursuant to the City's Construction and Demolition Ordinance requirements.
A C & D Permit shall be obtained. Final inspection shall be granted until the contractor
provides all necessary documents and forms to the City.
T. During construction, an Erosion Control Plan containing the elements set
forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall
be followed to minimize erosion and to protect slopes and channels to control
stormwater pollution as required by the County of Los Angeles.
U. 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.
V. 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.
W. 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.
X. Prior to the submittal of a final building plan to the County of Los Angeles
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.
Reso. 2012-02 6
Y. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
Z. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to the property, which would constitute additional
structural development, disturbance or grading, shall require the filing of a new
application for approval by the Planning Commission.
AA. The property owner and / or his / her contractor / applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
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/lox/main.nhp?suite=safetv&naae=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.
AB. These conditions of approval shall be printed on plans submitted for plan
check and permits and be available at all times at the site.
AC. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variance approvals, as required by the
Municipal Code, the approvals shall not be effective.
AD. All conditions of the Site Plan and Variance approvals, that apply, shall be
complied with prior to the issuance of grading or building permit from the County of
Los Angeles.
AE. 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 21st DAY OF FEBRUARY 2012.
.,JEFF PAR;AIRMAN
ATTEST:
dfreddtUal
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2012-02
7
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2012-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
AN ADDITION TO AN EXISTING RESIDENCE ON A PROPERTY WITH A
CONDITION THAT ANY FURTHER DEVELOPMENT BE REVIEWED BY THE
PLANNING COMMISSION AND VARIANCE TO CONSTRUCT A SWIMMING
POOL, TRELLIS, AND OUTDOOR KITCHEN IN THE FRONT YARD AREA OF
THE PROPERTY AND TO EXCEED THE DISTURBED NET LOT AREA OF THE
LOT, AT 0 CHESTNUT LANE, (LOT 241-A-1-MS), (TAKAHASHI). THE
PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
February 21, 2012 by the following roll call vote:
AYES: Commissioners Smith, Henke, Mirsch, Chelf and Chairman Pieper.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
Reso. 2012-02 8