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856, To build BBQ & spa adjacent to, Staff Reports• • t4 oicRae&if gee6 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: 06/09/14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: RAYMOND R. CRUZ, CITY MANAGER f IL - SUBJECT: RESOLUTION NO. 2014-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4 BUCKBOARD LANE (LOT 34-A-GF), (FITT). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The property owners, Mr. and Mrs. Fitt, request a Variance to construct a 76 square foot spa and 122 square foot outdoor kitchen. The spa would be located in the front yard setback and both structures would be located in the front yard area of the lot. 3. The Planning Commission approved this project by a 3-1-1 vote. Commissioner Smith was recused from deliberation in this matter and Commissioner Mirsch opposed the project, stating that she feels that the area of the yard in which the project is proposed would be overbuilt and cause crowding of structures. Resolution No. 2014-08 contains standard findings and facts and conditions, including conditions specific to this project that the project be screened from the road above. • • BACKGROUND 4. The property is zoned RAS-2, located at the end of a cul-de-sac on Buckboard Lane and is irregular in shape. The net lot area for development purposes is 67,966 square feet. The property is developed with a 4,123 square foot residence, 1,154 square foot garage, 3,096 square foot sports court, 744 square foot pool, 425 square foot breezeway, pool equipment area, water feature and service yard. There is a set aside area for a future stable and corral to the rear of the residence in the vicinity of the sports court. 5. Records show that the residence, garage, swimming pool and the retaining walls were constructed in 1965. In 1979 a remodel and a 150 square foot addition were constructed and in 1995 a 3,096 square foot sports court was approved and a 387 square foot addition into the side setback was denied. 6. Recently, over-the-counter approval was granted for an 83 square foot addition, fire pit and fireplace, not in setbacks or front yard, and replacement of hardscape, which are currently being implemented. MUNICIPAL CODE COMPLIANCE 7. Both proposed accessory structures require a Variance. The spa and BBQ require a front yard Variance due to their encroachment into that area and the spa also requires a front setback Variance because it will encroach into the 50-foot front yard setback. 8. No grading is required for this project. The spa is an addition to an existing pool that was prior approved with a Variance. The spa and outdoor kitchen are part of the larger yard improvement plan that also includes renovation of the pool. An existing space attached to the garage already is used for pool equipment storage and can accommodate the new spa. 9. The lot has 91,476 square feet, or 2.1 acres, including and roadway easement and 67,966 square feet net for development purposes. The total structural coverage of the net lot with addition of 76 square feet for the spa, 122 square feet for the kitchen and 450 square feet for the stable set aside area is proposed to be 10,367 square feet or 15.3%. The total coverage (structures and flatwork) is proposed to be 22,683 square feet or 26%. It should be noted that 120 square feet (of a total 122 square feet) outdoor kitchen and the 76 square foot spa are not counted towards the structural coverage because they fall within 800 square feet total of detached ancillary structures that are exempt. 10. The disturbed area of the lot is 21,683 square feet or 32%, and, with the additional work to accommodate the future stable and corral (1,000 square feet), this will increase slightly to 22,683 square feet or 33.4%. 11. In response for justification for the Variance for encroachment the applicants' representative states that: exceptional circumstances are present due to the unique ZC NO.856 • i shape, which limits location of structures and the lot zoning designation, which dictates large setbacks. Other issues that are cited include the site topography, which, with the shape of the lot, "relegates use to a relatively small area." The applicants' representative also states that the Variance will not be materially detrimental to the public welfare or injurious to other properties in the same zone, in that the improvements will be added to an area already enjoyed by the owners for outdoor living and recreation, and in contrast, if the outdoor kitchen were to be placed in another location there may be new visual and privacy impacts to neighbors. Finally, the point is made that the legal front yard area where the pool and kitchen and spa would be located are effectively their historic "backyard" and it is their hope that this can be continued. 12. The property has two building pads. The front residential building pad has 8,943 square feet and will have coverage of 74.4% with the project, and to the rear, the sports court pad has 5,800 square feet and will be unchanged with 61.1% structure coverage. 13. The project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA). CONCLUSION 14. 120 square feet of the outdoor kitchen area and the 76 square feet of the spa are not counted towards coverage limitations. The lot is mostly developed and the additions are miscellaneous and relatively small, however, they add to the massing of structures on the lot and are to be located in an area (front setback/yard) not permitted for such structures. 15. When reviewing the application the Planning Commission consideres whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. 16. The project provides for construction of a future stable and corral in an area not affected by the proposed structures. ZC NO.856 • • CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 856 • • RESOLUTION NO. 2014-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4 BUCKBOARD LANE (LOT 34-A-GF), (FIT). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Ian Fitt with respect to real property located at 4 Buckboard Lane, Rolling Hills (Lot 34-A-GF) requesting a Variance to construct a 76 square foot spa and 122 square foot outdoor kitchen. The spa would be located in the front yard setback and both structures would be located in the front yard area of the lot. Section 2. The property is zoned RAS-2, located -at the end of a cul-de-sac on Buckboard Lane and is irregular in shape. The net lot area for development purposes is 67,966 square feet. The property is developed with a 4,123 square foot residence, 1,154 square foot garage, 3,096 square foot sports court, 744 square foot pool, 425 square foot breezeway, pool equipment area, water feature and service yard. There is a set aside area for a future stable and corral to the rear of the residence in the vicinity of the sports court. In March 2014 an over-the-counter approval was granted for an 83 square foot addition, fire pit and fireplace, not in setbacks or front yard, and replacement of hardscape, which are currently being implemented. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on April 15 and April 16, 2014 respectively. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning Commission were properly noticed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property 1 • • and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. Sections 17.16.110 require a front yard setback of fifty feet (50') from the roadway easement line. The applicants request a Variance to encroach into the front yard setback to permit the construction of a spa. Section 17.12.250 requires that the front yard area be unoccupied by any structure. The applicants request a Variance to construct an outdoor kitchen in the front yard area. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the existing pool and deck area were previously approved and constructed in the front of the residence and in setback. The outdoor kitchen is an integral part of outdoor living in the City and there is no other area, without further grading or Variance for locating it in the side setback, to place such an outdoor amenity. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary to allow the property owner to carry the theme of outdoor living in the front yard. The Commission has considered the nature, condition, and development of adjacent uses, buildings, and structures, and the topography of the area in evaluating this finding and determined that the proposed structures are minor and do not interfee with the openness of the lot. In addition, the configuration of the lot and location of the existing residence and the pool does not lend itself to construcitng any outdoor ameninty elsewhere on the lot. The lot is long and narrow zoned RAS-2, which require 35-foot side yard setbacks. Said setbacks take up a large area of the narrow lot and in order to construct any outdoor amenities away from the front of the residence, but in the general location of the pool, a Variance would be required for encroachment into the side setback. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The structures are minor in nature an not visible to any neighbors. No one came forward during the public hearing for or against the project. A substantial portion of the lot will remain undeveloped. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 856 to permit a 122 square foot outdoor kitchen and 76 square foot spa in the front yard of the residence subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be at all times available at the construction site. 2 • • B. The Variances approval shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. C. It is declared and made a condition of the Variances approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 3, 2014, except as otherwise provided in these conditions. F. There shall be no grading for the project. The lot has been previously disturbed at 32.0% disturbance; with a future minimum permitted size stable and corral the lot will be 33.4% disturbed. G. The structural lot coverage, including the future stable shall not exceed 10,367 square feet or 15.3% of the net lot area, (discounting the allowances). The total lot coverage shall not exceed 22,683 square feet or 26.0% of the net lot area. H. The coverage on the 8,943 square foot residential building pad shall not exceed 74.4%, with the allowances. I. The pool and spa area shall be landscaped and screened from the private road above. Two sets of landscaping plans shall be submitted to staff prior to obtaining building permits. All landscaped areas shall utilize to the greatest extent feasible mature native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and as not to impair views of neighboring properties but to screen the project site. J. The property owners shall be required to conform to the City of Rolling Hills and RHCA Outdoor Lighting Standards. K. No grading, construction or storage of any objects including building materials shall take place in the easement, unless approved by the RHCA. 3 • • L. 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. M. The applicants shall execute an Affidavit of Acceptance Form of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. N. All conditions of this Variance approval must be complied with prior to the issuance of a final inspection by City staff and Building Department. O. This project shall be reviewed and approved by the Rolling Hills Community Association Architectural Committee. P. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MAY 2014. (} A _ ikAD CHE F, CHAIRMAN ATTEST: . . 41/ Aakco HEIDI LUCE, CITY CLERK • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2014-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4 BUCKBOARD LANE (LOT 34-A-GF), (FIT). 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 May 20, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick and Chairman Chelf. NOES: Commissioner Mirsch. ABSENT: None. ABSTAIN: Vice Chairperson Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. 4142,1th,b6 HEIDI LUCE CITY CLERK ., TO: FROM: al Ra(hsof qii4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 6A Mtg. Date: 5-20-14 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 856 4 BUCKBOARD LANE (LOT 34-A-GF) RA-S-2, 2.0 ACRES GROSS MR. AND MRS. IAN FITT THE WORKSHOP GROUP, LLC APRIL 3, 2014 REQUEST AND RECOMMENDATION 1. The property owners, Mr. and Mrs. Fitt, request a Variance to construct a 76 square foot spa and 122 square foot outdoor kitchen/counter. The spa would be located in the front yard setback and both structures would be located in the front yard area of the lot. 2. The Planning Commission visited the site on April 15, 2014 and directed staff to prepare a Resolution of approval for the project. Commissioner Smith is recused from deliberation in this matter and Commissioner Mirsch opposed the preparation of the resolution of approval, stating that she feels that the area of the yard in which the project is proposed to be located would be overbuilt. Resolution No. 2014-08 contains standard findings and facts and conditions, including conditions specific to this project as follows: • That the project be screened from the road above. 3. It is recommended that the Planning Commission review and consider the attached resolution for adoption. • • THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION NO. 2014-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4 BUCKBOARD LANE (LOT 34-A-GF), (FIT). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Ian Fitt with respect to real property located at 4 Buckboard Lane, Rolling Hills (Lot 34-A-GF) requesting a Variance to construct a 76 square foot spa and 122 square foot outdoor kitchen. The spa would be located in the front yard setback and both structures would be located in the front yard area of the lot. Section 2. The property is zoned RAS-2, located at the end of a cul-de-sac on Buckboard Lane and is irregular in shape. The net lot area for development purposes is 67,966 square feet. The property is developed with a 4,123 square foot residence, 1,154 square foot garage, 3,096 square foot sports court, 744 square foot pool, 425 square foot breezeway, pool equipment area, water feature and service yard. There is a set aside area for a future stable and corral to the rear of the residence in the vicinity of the sports court. In March 2014 an over-the-counter approval was granted for an 83 square foot addition, fire pit and fireplace, not in setbacks or front yard, and replacement of hardscape, which are currently being implemented. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on April 15 and April 16, 2014 respectively. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning Commission were properly noticed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property 1 • • and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. Sections 17.16.110 require a front yard setback of fifty feet (50') from the roadway easement line. The applicants request a Variance to encroach into the front yard setback to permit the construction of a spa. Section 17.12.250 requires that the front yard area be unoccupied by any structure. The applicants request a Variance to construct an outdoor kitchen in the front yard area. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the existing pool and deck area were previously approved and constructed in the front of the residence and in setback. The outdoor kitchen is an integral part of outdoor living in the City and there is no other area, without further grading or Variance for locating it in the side setback, to place such an outdoor amenity. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary to allow the property owner to carry the theme of outdoor living in the front yard. The Commission has considered the nature, condition, and development of adjacent uses, buildings, and structures, and the topography of the area in evaluating this finding and determined that the proposed structures are minor and do not interfee with the openness of the lot. In addition, the configuration of the lot and location of the existing residence and the pool does not lend itself to construcitng any outdoor ameninty elsewhere on the lot. The lot is long and narrow zoned RAS-2, which require 35-foot side yard setbacks. Said setbacks take up a large area of the narrow lot and in order to construct any outdoor amenities away from the front of the residence, but in the general location of the pool, a Variance would be required for encroachment into the side setback. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The structures are minor in nature an not visible to any neighbors. No one came forward during the public hearing for or against the project. A substantial portion of the lot will remain undeveloped. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 856 to permit a 122 square foot outdoor kitchen and 76 square foot spa in the front yard of the residence subject to the following conditions: A. The conditions of approval specified herein shall be printed on all construction plans and shall be at all times available at the construction site. 2 ® • B. The Variances approval shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. C. It is declared and made a condition of the Variances approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 3, 2014, except as otherwise provided in these conditions. F. There shall be no grading for the project. The lot has been previously disturbed at 32.0% disturbance; with a future minimum permitted size stable and corral the lot will be 33.4% disturbed. G. The structural lot coverage, including the future stable shall not exceed 10,367 square feet or 15.3% of the net lot area, (discounting the allowances). The total lot coverage shall not exceed 22,683 square feet or 26.0% of the net lot area. H. The coverage on the 8,943 square foot residential building pad shall not exceed 74.4%, with the allowances. I. The pool and spa area shall be landscaped and screened from the private road above. Two sets of landscaping plans shall be submitted to staff prior to obtaining building permits. All landscaped areas shall utilize to the greatest extent feasible mature native and drought resistant plants. Plants shall be utilized, which are consistent with the rural character of the community and meet the fire department requirements for fire resistant plants. Any trees and shrubs used in the landscaping scheme for this project shall be planted in a way that will not result in a hedge like screening and as not to impair views of neighboring properties but to screen the project site. J. The property owners shall be required to conform to the City of Rolling Hills and RHCA Outdoor Lighting Standards. K. No grading, construction or storage of any objects including building materials shall take place in the easement, unless approved by the RHCA. 3 • • L. 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. M. The applicants shall execute an Affidavit of Acceptance Form of all conditions of this Variance approval, pursuant to Section 17.38.060, or the approval shall not be effective. N. All conditions of this Variance approval must be complied with prior to the issuance of a final inspection by City staff and Building Department. O. This project shall be reviewed and approved by the Rolling Hills Community Association Architectural Committee. P. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MAY 2014. ATTEST: HEIDI LUCE, CITY CLERK BRAD CHELF, CHAIRMAN 4 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) ) ) §§ I certify that the foregoing Resolution No. 2014-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT AN OUTDOOR KITCHEN IN THE FRONT YARD AND A SPA IN THE FRONT SETBACK IN ZONING CASE NO. 856, AT 4 BUCKBOARD LANE (LOT 34-A-GF), (FIT). 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 May 20, 2014 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 TO: FROM: •• Radief qat INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 8A Mtg. Date: 4-16-14 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 856 4 BUCKBOARD LANE (LOT 34-A-GF) RA-S-2, 2.0 ACRES GROSS MR. AND MRS. IAN FITT THE WORKSHOP GROUP, LLC APRIL 3, 2014 REQUST AND RECOMMENDATION The property owners, Mr. and Mrs. Fitt, request a Variance to construct a 76 square foot spa and 122 square foot outdoor kitchen. The spa would be located in the front yard setback and both structures would be located in the front yard area of the lot. The Planning Commission visited the site on April 15, 2014 and continued the hearing to tonight's meeting. It is recommended that the Planning Commission review the staff report, take public testimony and provide direction to staff. BACKGROUND 1. The property is zoned RAS-2, located at the end of a cul-de-sac on Buckboard Lane and is irregular in shape. The net lot area for development purposes is 67,966 square feet. The property is developed with a 4,123 square foot residence, 1,154 square foot garage, 3,096 square foot sports court, 744 square foot pool, 425 square foot breezeway, pool equipment area, water feature and service yard. There is a set aside area for a future stable and corral to the rear of the residence in the vicinity of the sports court. 2. Records show that the residence, garage, swimming pool and the retaining walls were constructed in 1965. In 1979 a remodel and a 150 square foot addition were constructed and in 1995 a 3,096 square foot sports court was approved and a 387 square foot addition into the side setback was denied. 3. Recently, over-the-counter approval was granted for an 83 square foot addition, fire pit and fireplace, not in setbacks or front yard, and replacement of hardscape, which are currently being implemented. MUNICIPAL CODE COMPLIANCE 4. Both proposed accessory structures require a Variance. The spa and BBQ require a front yard Variance due to their encroachment into that area and the spa also requires a front setback Variance because it will encroach into the 50-foot front yard setback. 5. No grading is required for this project. The spa is an addition to an existing pool that was prior approved with a Variance. The spa and outdoor kitchen are part of the larger yard improvement plan that also includes renovation of the pool. An existing space attached to the garage already is used for pool equipment storage and can accommodate the new spa. 6. The lot has 91,476 square feet, or 2.1 acres, including and roadway easement and 67,966 square feet net for development purposes. The total structural coverage of the net lot with addition of 76 square feet for the spa, 122 square feet for the kitchen and 450 square feet for the stable set aside area is proposed to be 10,367 square feet or 15.3%. The total coverage (structures and flatwork) is proposed to be 22,683 square feet or 26%. It should be noted that 120 square feet (of a total 122 square feet) outdoor kitchen and the 76 square foot spa are not counted towards the structural coverage because they fall within 800 square feet total of detached ancillary structures that are exempt. 7. The disturbed area of the lot is 21,683 square feet or 32%, and, with the additional work to accommodate the future stable and corral (1,000 square feet), this will increase slightly to 22,683 square feet or 33.4%. 8. In response for justification for the Variance for encroachment the applicants' representative states that: exceptional circumstances are present due to the unique shape, which limits location of structures and the lot zoning designation, which dictates large setbacks. Other issues that are cited include the site topography, which, with the shape of the lot, "relegates use to a relatively small area." The applicants' representative also states that the Variance will not be materially detrimental to the public welfare or injurious to other properties in the same zone, in that the improvements will be added to an area already enjoyed by the owners for outdoor living and recreation, and in contrast, if the outdoor kitchen were to be placed in another location there may be new visual and privacy impacts to neighbors. Finally, the point is made that the legal front yard area where the pool and kitchen and spa would be located are effectively their historic "backyard" and it is their hope that this can be continued. ZC NO. 856 • 9. The property has two building pads. The front residential building pad has 8,943 square feet and will have coverage of 74.4% with the project, and to the rear, the sports court pad has 5,800 square feet and will be unchanged with 61.1 % structure coverage. 10. The project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA). CONCLUSION 11. 120 square feet of the outdoor kitchen area and the 76 square feet of the spa are not counted towards coverage limitations. The lot is mostly developed and the additions are miscellaneous and relatively small, however, they add to the massing of structures on the lot and are to be located in an area (front setback/yard) not permitted for such structures. 12. When reviewing the application the Planning Commission must consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. 13. The project provides for construction of a future stable and corral in an area not affected by the proposed structures. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 856 TO: FROM: • ge't Rae&to geek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda. Item No: 4A Mtg. Date: 4-15-14 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 856 4 BUCKBOARD LANE (LOT 34-A-GF) RA-S-2, 2.0 ACRES GROSS MR. AND MRS. IAN FITT THE WORKSHOP GROUP, LLC APRIL 3, 2014 REQUST AND RECOMMENDATION The property owners, Mr. and Mrs. Fitt, request a Variance to construct a 76 square foot spa and 122 square foot outdoor kitchen. The spa would be located in the front yard setback and both structures would be located in the front yard area of the lot. It is recommended that the Planning Commission review the staff report, view the project in the field, take public testimony and provide direction to staff. BACKGROUND 1. The property is zoned RAS-2, located at the end of a cul-de-sac on Buckboard Lane and is irregular in shape. The net lot area for development purposes is 67,966 square feet. The property is developed with a 4,123 square foot residence, 1,154 square foot garage, 3,096 square foot sports court, 744 square foot pool, 425 square foot breezeway, pool equipment area, water feature and service yard. There is a set aside area for a future stable and corral to the rear of the residence in the vicinity of the sports court. 2. Records show that the residence, garage, swimming pool and the retaining walls were constructed in 1965. In 1979 a remodel and a 150 square foot addition were constructed and in 1995 a 3,096 square foot sports court was approved and a 387 square foot addition into the side setback was denied. • • 3. Recently, over-the-counter approval was granted for an 83 square foot addition, fire pit and fireplace, not in setbacks or front yard, and replacement of hardscape, which are currently being implemented. MUNICIPAL CODE COMPLIANCE 4. Both proposed accessory structures require a Variance. The spa and BBQ require a front yard Variance due to their encroachment into that area and the spa also requires a front setback Variance because it will encroach into the 50-foot front yard setback. 5. No grading is required for this project. The spa is an addition to an existing pool that was prior approved with a Variance. The spa and outdoor kitchen are part of the larger yard improvement plan that also includes renovation of the pool. An existing space attached to the garage already is used for pool equipment storage and can accommodate the new spa. 6. The lot has 91,476 square feet, or 2.1 acres, including and roadway easement and 67,966 square feet net for development purposes. The total structural coverage of the net lot with addition of 76 square feet for the spa, 122 square feet for the kitchen and 450 square feet for the stable set aside area is proposed to be 10,367 square feet or 15.3%. The total coverage (structures and flatwork) is proposed to be 22,683 square feet or 26%. It should be noted that 120 square feet (of a total 122 square feet) outdoor kitchen and the 76 square foot spa are not counted towards the structural coverage because they fall within 800 square feet total of detached ancillary structures that are exempt. 7. The disturbed area of the lot is 21,683 square feet or 32%, and, with the additional work to accommodate the future stable and corral (1,000 square feet), this will increase slightly to 22,683 square feet or 33.4%. 8. In response for justification for the Variance for encroachment the applicants' representative states that: exceptional circumstances are present due to the unique shape, which limits location of structures and the lot zoning designation, which dictates large setbacks. Other issues that are cited include the site topography, which, with the shape of the lot, "relegates use to a relatively small area." The applicants' representative also states that the Variance will not be materially detrimental to the public welfare or injurious to other properties in the same zone, in that the improvements will be added to an area already enjoyed by the owners for outdoor living and recreation, and in contrast, if the outdoor kitchen were to be placed in another location there may be new visual and privacy impacts to neighbors. Finally, the point is made that the legal front yard area where the pool and kitchen and spa would be located are effectively their historic "backyard" and it is their hope that this can be continued. ZC NO. 856 • 9. The property has two building pads. The front residential building pad has 8,943 square feet and will have coverage of 74.4% with the project, and to the rear, the sports court pad has 5,800 square feet and will be unchanged with 61.1% structure coverage. 10. The project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA). CONCLUSION 11. 120 square feet of the outdoor kitchen area and the 76 square feet of the spa are not counted towards coverage limitations. The lot is mostly developed and the additions are miscellaneous and relatively small, however, they add to the massing of structures on the lot and are to be located in an area (front setback/yard) not permitted for such structures. 12. When reviewing the application the Planning Commission must consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. 13. The project provides for construction of a future stable and corral in an area not affected by the proposed structures. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or, improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 856