2015-09RESOLUTION NO. 2015-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR SUBSTANTIAL ADDITIONS, AN ABOVE GRADE DECK AND TO
LEGALIZE VARIOUS PREVIOUSLY CONSTRUCTED STRUCUTRES;
AND A VARIANCE WHERE PORTIONS OF THE ADDITIONS WOULD
ENCROACH INTO SETBACKS AND A TRELLIS THAT WOULD
ENCROACH INTO REAR SETBACK IN ZONING CASE NO. 872 AT 23
MIDDLERIDGE LANE NORTH, (LOT 2 -MR), IN THE OVERLAY
ZONING DISTRICT-OZD-1, (HAMMOND).
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. Hammond with respect to
real property located at 23 Middleridge Lane North, Rolling Hills (Lot 2 -MR) requesting
a Site Plan Review and a Variance to construct a 1,389 square foot residence addition, of
which 349 sq.ft. has been previously constructed, but is unpermitted, a 349 square foot
basement, unpermitted previously constructed above grade deck and infinity pool wall
not to exceed 4'9" and Variances to encroach with portions of the additions and
basement into the side and front yard setbacks and with a 198 sq.ft. trellis into the rear
yard setback. A portion of the "as built" unpermitted addition encroaches 4.5' into the
side setback and 179" into the rear setback. When completed, the residence will be
3,837 square feet and the garage will be 479 square feet. Also proposed is a 735 square
foot infinity swimming pool with 129 square foot pool equipment area to be located
under an existing unpermitted above grade deck.
Together with the additions and the swimming pool, the applicant's desire is to legalize
and correct the several non -permitted conditions on this lot, which were constructed
prior to his purchase of the property.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on February 17, and March 17, 2015 and at a field trip to the
property on March 17, 2015. The applicants were notified of the public hearings in
writing by first class mail. Evidence was heard from all persons interested in affecting
said proposal and from members of the City staff. The Planning Commission reviewed,
analyzed and studied said proposal. The applicant and his representatives were in
attendance at the regular meetings of the Planning Commission. No comments, pro or
against, were received from the neighbors.
Section 3. The property is located at the end of a cul-de-sac in the RAS -1
Overlay Zoning District (OZD-1) of the City and is less than one acre in size, (the net lot
area of this lot is 34,260 square feet). The OZD-1 was established within the RAS -1
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zoning district to allow modernization, reconstruction or enlargement of homes located
on unique lots generally characterized by steep terrain, smaller than typical lots in the
City, smaller than typical homes in the City, lots that are divided by a road and lots
where redevelopment is difficult due to setback requirements.
Properties in the OZD-1 are allowed a reduced front yard setback for locating primary
structures including attached garages to 30' from the roadway easement line,
(elsewhere in the City the front yard setback is 50' from the roadway easement line). In
addition, an existing encroachment of not more than 10' into the side setback may be
reconstructed; however, any new construction must comply with the 20' side yard
setback requirement.
Section 4. The Planning Commission finds that the project qualifies as a Class
3 Exemption, pursuant to Section 15303 0£ the CEQA (California Environmental Quality
Act) Guidelines and is therefore categorically exempt from environmental review.
Section 5. Section 1.7.46.030 of the Zoning Ordinance requires a development
plan to be submitted for Site Plan Review and approval before any structure, (with
exceptions), may be constructed, which includes above grade decks. Section
17.46.020.A.3 requires Site Plan Review for an addition exceeding 999 square feet. With
respect to the Site Plan Review applications for the improvements subject to the
requirements of the above listed Sections of the Zoning Ordinance, the Planning
Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan and
surrounding uses because the proposed project complies with the General Plan
requirement of low profile, low-density residential development with sufficient open
space between surrounding structures. The construction will occur in an area
previously graded and disturbed and new earthwork will be confined to excavation for
new foundations only, and to functionally integrate the new swimming pool with the
existing above grade deck. The deck will be decreased in size to accommodate the
swimming pool, however the pool equipment area will be located within the existing
above grade portion of the deck. Adjacent landscaped areas and reduction in the deck
area for the construction of the pool will mitigate the out -of -grade condition and "bulk"
of the existing deck and proposed additions. The front addition will utilize the
allowance for reduced setback; however the side additions and the existing non -
permitted addition would encroach into the side and rear setbacks.
B. The development plan substantially preserves the natural and undeveloped state
of the lot because no grading is required and the design and location of the addition
follows the line of existing development or, where permissible takes advantage of the
reduced front yard setback. The as built deck will be reduced in size and a portion of
the addition already exists and does not cause the lot to look overdeveloped. Significant
portions of the lot will be left undeveloped so as to maintain open space on the
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property. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction
will not adversely affect or be materially detrimental to the adjacent uses, buildings, or
structures because the proposed improvements will be constructed on a portion of the
lot which is least intrusive to surrounding properties, will be screened and landscaped
with shrubs and trees 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, OZD-1 similarly zoned
neighborhood. The proposed project entails additions of a garage and living area with a
basement, a trellis, swimming pool, pool equipment are, service yard, all of which are
common improvements throughout the City. The project site, with the development,
will be within the allowed total coverage of the lot (31.0% proposed/35% maximum).
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.
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%.
E. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the proposed
development will utilize the existing driveway approach but the driveway into the
garage will be improved.
F. The project conforms to the requirements of the California Environmental
Quality Act (CEQA) and is exempt pursuant to Section 15303 of the CEQA Guidelines.
G. The project preserves much of the existing vegetation and mature trees and will
supplement these elements with drought -tolerant landscaping. A landscaping plan will
be filed with the City.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in
the same vicinity. A Variance to Section 17.17.030 is required because it states that every
lot in the RAS -1, OZD-1 zone shall have a front setback of not less than 30 feet from the
roadway easement and for new construction, 20 feet from the side property line; Section
17.16.060 states that the rear setback shall be 50' from the property line or roadway
easement line, if the easement is developed with a street. The applicants request a
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Variance to construct several additions that would encroach up to 10 feet into the side
setbacks, and up to 24' into the reduced front setback. With respect to this request for a
Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to this property that do not apply generally to other properties or class of
uses in the same zone because the configuration of the existing structure, which
encroaches into the setbacks, prevent further expansion, except into the setback. In
addition the proposed encroachment would follow the limits of the structure in the side
of the property. The lot is constrained in that the area feasible for development is
located in the front of the lot with steep slopes to the rear and to the sides. The
Commission further finds that the configuration of the existing residence and interior
layout of the residence creates a hardship to improving the property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and zone,
but which is denied to the property in question. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same zone. The encroachment permits the use of the
lot to the extent allowed for other properties with similar lot configurations. The
encroachment will be along the line of the current encroachment of the residence. The
property is located in the Overlay District of the City, where it has been determined the
lots are difficult to develop due to their configuration, size or steepness, and therefore
the front setbacks were reduced.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located. Development in the front setback is minimal and is in
line with the existing side setback encroachment. The encroachment into the rear
setback exists and the applicant requests to legalize it and obtain a permit. The
structural lot coverage and the total impervious lot coverage are within the
requirements of the City. The area of addition would not impair views.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed addition will be orderly, attractive and shall
protect the rural character of the community. The proposed addition will not encroach
into potentially future equestrian uses on the property. A suitable stable and corral area
exists on the site.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low-density residential development with sufficient open
space between surrounding structures. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City.
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F. The variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
Section 7. Based upon the foregoing findings the Planning Commission
hereby approves the Site Plan Review and Variance application in Zoning Case No. 872
for as built above grade deck, a pool wall, which exceeds 3' in height and substantial
additions, including 349 square foot previously, constructed additions subject to the
following conditions:
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be available at the construction site at all times.
B. 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.
C. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
D. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Ordinance, unless otherwise set forth in this approval,
or shown otherwise on an approved plan. All existing overhead utility lines serving the
subject property shall be undergrounded pursuant to Section 17.27.030.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated March 11, 2015 and March 17, 2015. Prior to submittal of
final working drawings to the Building and Safety Department for issuance of grading
and/or building permits, the plans for the project shall be submitted to City staff for
verification that the final plans are in compliance with the plans approved by the
Planning Commission.
F. 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.
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Further, the person obtaining a building and/ or grading 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.
G. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA).
H. There shall be no grading for the project except excavation and grade
earthwork to functionally ;integrate the new addition into the existing topography. The
basement light well wall shall not be exposed more than 5` above the natural grade, and
there shall be a minimum 4' wide walkable walkway around the entire structure, which
does not have to be paved.
I. Structural lot coverage shall not exceed 6,773 square feet or 19.4% of the
net lot area, in conformance with the zoning ordinance limit of 20%.
J. Total lot coverage of structures and paved areas shall not exceed 10,647
square feet, or 31 %, which is in conformance with the zoning ordinance limit of 35%.
K. The new infinity pool wall shall not exceed 4'9" in height.
L. The disturbance of the net lot area shall not exceed 21,172 square feet of
surface area or 61.8%, which was previously disturbed.
M. Residential building pad coverage on the 6,013 square feet residential
building pad shall not exceed 92.3%, which includes the allowable encroachment into
the reduced front yard setback.
N. Should 5,000 square feet or more of existing landscaping be altered or new
landscaping introduced, the applicant shall be required to conform to the City of
Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal
Code. The applicant shall submit to the City two copies of a landscaping and irrigation
plan and water usage certification prior to obtaining grading permit. Within 90 -days of
completion of the construction of the proiect, the applicant shall submit a landscaping
compliance certification.
O. All backfilled areas shall be vegetated utilizing 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.
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P. Pursuant to Section 17.17.030, 60% of the front yard area shall be
landscaped, as defined in Section 17.12.250 of the Zoning Ordinance.
Q. The existing bocce court may not be paved or altered. Plans shall be
submitted and construction permits obtained from the Building and Safety Department
for the existing unpermitted addition, outdoor entertainment/kitchen area, the deck
and the stable in conjunction with the construction of the proposed improvements.
The applicant shall remove the shed located in the side setback and the lamppost
located on the outdoor kitchen.
R. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler shall provide the appropriate documentation to the City.
S. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter anywhere on the property. Further, perimeter easements
and trails shall remain free and clear of any improvements including, but not be limited
to, driveways, fences -including construction fences, grading, landscaping, irrigation
and drainage devices, play equipment, parked vehicles, building materials, debris and
equipment, except if permitted by the Rolling Hills Community Association.
No encroachment of any sort shall be permitted on the City of Rolling Hills Estates
roadway easement, unless permitted by said City.
T. 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.
U. During construction, trucks shall not park, queue and/or idle at the project
site or in the adjoining right-of-way before or after the permitted hours of operations.
To the maximum extent possible, staging of equipment and parking of vehicles during
construction shall be on site.
V. If required by the City's drainage engineer, the applicant shall submit a
detailed drainage plan. This project may be subject to the requirements of the City's
Low Impact Development portion of the Storm Water Management and Pollution
Control ordinance triggered where 10,000 square feet or more of impervious surface is
reconstructed or added and/or the project is deemed hillside development.
W. No drainage device may be located in such a manner as to contribute to
erosion or in any way affect an easement, trail or adjacent properties. The energy
dissipaters, if required, shall be designed in such a manner as to not cross over any
equestrian trails or easements. The drainage system(s) shall not discharge water onto a
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trail, shall incorporate earth tone colors, including in the design of the dissipater and
shall be screened from any trail and neighbors views to the maximum extent
practicable, without impairing the function of the drainage system.
X. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department requirements for the
installation and post construction maintenance of stormwater drainage facilities.
Y. The property owners shall comply with the LA County Public Health
Department requirements pertaining to septic sewer systems.
Z. During construction, conformance with the air quality management
district requirements shall be complied with, so that people or property are not exposed
to undue vehicle trips, noise, dust, and objectionable odors.
AA. 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 and storm water management, including erosion
control measures.
AB. The property owner and/or his/her contractor/ applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
AC. 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.
AD. The property on which the project is located shall contain a stable and
corral or a set aside area to provide an area meeting all standards for a stable, corral
with access thereto.
AE. 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 structural development shall require the
filing of a new application for approval by the Planning Commission.
AF. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variances approvals, as required by the
Municipal Code, the approvals shall not be effective.
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AG. All conditions of the Site Plan Review and Variance approvals, that
apply, shall be complied with prior to the issuance of building permit.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF APRIL 2015.
ATTEST:
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Roiling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
ZC No. 872 9
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR SUBSTANTIAL
ADDITIONS, AN ABOVE GRADE DECK AND TO LEGALIZE PREVIOUSLY
CONSTRUCTED VARIOUS STRUCUTRES; AND A VARIANCE WHERE PORTIONS
OF THE ADDITIONS WOULD ENCROACH INTO SETBACKS AND A TRELLIS
THAT WOULD ENCROACH INTO REAR SETBACK IN ZONING CASE NO. 872 AT
23 MIDDLERIDGE LANE NORTH, (LOT 2 -MR), IN THE OVERLAY ZONING
DISTRICT-OZD-1, (HAMMOND).
was approved and adopted at a regular meeting of the Planning Commission on April
21, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
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