05-19-15FT MINUTES OF AN
ADJOUR:'vED REGULAR MEETING
OF THE PLANNING COMMZSSION
MAY�9, 201�
PRESENT:
Chairman Chelf, Coxnmissionexs Smith, Gray and Kirkpatrick,
Raymond Cruz, City Manager
Yolanta Schwax�z, Planning Director
Nina Ritter, property owner
Kevin Cobabe, representative
Bruce Hollister, contractor
Jim Aichele, resident
Leah Mirseh, resident
William Hassoldt, property owner
Gaxy Wynn, Engineer
Diana Nuccion,resident
Sean Cardenas, resident
FIELD TRIPS
Vice-Chairperson Smith called the meeting to order at 7:30 a.m. at 63 Crest Road East.
A. ZONING CASE NO. 882.
Request for a Site Plan Review fo� 2,Q00 cubic yards ot grading (total cut and fill), to
construct a 1,540 square foot swimming poal with a spa, new decking of which 350
square feet would be above grade and up to 4' high retaining walls and a Variance to
encroach with a portion of fhe swimming pool, deck and retaining walls into the side
yard setback in zoning case No. 882 at 63 Crest Raad East{Lot 70-B-2-MS), Rolling Hills,
CA, (Ritter}. Project has been de�ermined to be exempt from the California
Environmental Quality Act, (CEQA).
Chairman Che�f xecused himself from deiiberation on this case.
Pla�zning Director Schwax�z reviewed the applican�'s request and review�d the layout of
the lot. She stated that the area of the lot where the swimming pool is Iocated is the
narrowest part of the lot and with the required 35' wide side yard setbacks there is very
narrow area for development. She stated that the applicant was granted an over-the-
counter approval to demolish a 71$ square foot pool and adjoining deck and reconstruct
them within the original foot print. The owner's contractor obtained a permit for that
work. While demolishing the structures, the owner wished a Iaxger pool and decking to
take advantage o� the view and fopography of the area. Grading and excavation then
commenced for a 1,540 square foot infinity swixnm.ing pool with a spa, additional 945
square foot new decking of which 350 square feet would be above grade. The expansion
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Adjourned Regular Meeting
of the pool and decks resulted in the need for not to exceed 4' high retaining wa11s along
the eastern Iimit of the deck and gracling of 2,000 cubic yards of dirt (total cut and fiII).
The cut for the walls wi11 not exceed 4' and at a maximum the rear deck would be 3'2"
above grade. Several sets of steps will connect the different Ievels of the decking.
Plarming Director�chwartz stafed that 182 square feet of the paol, the on grade deck and
fihe walls encroach into the side yard setbacl� which require a va.riance, and the
construction of the Iarger pool, decks and gratling xequire a site plan review and cannot
be approved over-the-counter. She further stated that the project meets the City's
developYnent standards for coverages and disturbed area.
The contractor explained the proposal and the location for the proposed walls, with one
area having two shorf, terraced walls. The Planning Commissioners walked around the
project to view the grading and the excavated work.
Commissioner Kirkpatrick commented on the topography and the narrowness of the Iot.
Brad Chelf, neighbor, stated that being the adjacent property owner, he has no objections
to the protect ar�d that the project will enhance the praperty.
In response to Commissioner Smith, Mrs. Ritter stated that they were plaruiing to obtain
perxnit for the large�r scope of work and were working an the plans when �he City
stopped the job.
There being no further comments, the Commission continued the case to the evexung
meeting.
B. ZONING CASE NO. 880. Request for a Variance to encroach with 61 square
feet of rnostly completed 300 square foot addition and with nof to exceed 3' high by
$' long retaining wall into the side yard setback in zoning case No. 880, at 15
Portuguese Bend Road (Lot 78-RH), Rollix�g Hills, CA, {Hasso�dt). Project has been
determined�o be exempir from the California�nvironmental Quality Act.
Planning Director Schwartz reviewed the applicant's request for a Variance to encx�oach
with 61 square feet of a mostly completed 300 squaxe £oot addition and a 3' high
retaining wall into the side yard sefback. 5he stated that the encroachment vary from 0
feet to 7.5 feet into the setback in a triangul.ax con£iguration. She stated that the 300
squaxe foot side addi�ion was adxninistratively app�raved based on a site plan submitted
by the applicants. The applzcants informed staff that the plot plan submitted for
admini.strative approval was taken from several old bu� verified surveys and that the
property line i.n the area of the addition was staked correc�ly in fhe field. Given the same
information, the Rolling Hills Community Association also approved the addition. The
applicants have obtained a building permit based on the Cit�s approval of the plans and
commenced consfiruction.
She further stated that a 42 square foot addition in the rear of the house was also
administratively appraved.
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Adjourned Regular Meeting
She explained that during construction a resident inforrned City staff that the applicant
is encroaching into the setback. Staff requested that all work stop and that a certified
s�rvey be provided. The survey revealed that a po:rtion of the addition encroaches into
the side setback.
Gary Wynn, applicants' engineer reiterated that the applicant sub�nitted plans to the
City based on oId surveys and showed the surveys to the attendees. He sfated that there
was a rnistake and that the encroachrnent is minor.
Discussion ensued regarding the requirement to have access around the entire house
and wifh the proposed wall straddiing �he corner of the house; there would be no area
for passage. 'I`he engineer explained fhat in order to provide a flat area around the south
most corner o£ the additiori, a higher wall would need to be constructed further back in
the setback. Staff stated that if the wall needs to be in the easement, approval from
RHCA would be required.
Sean Cardenas, neighbor, stated that in addition to the side addition and the small rear
addition, the applicants have enclosed an open porch and that is not shown on the plan.
He questioned if the app�icant had a bui�ding permit far that addition. Discussion
ensued regarding the addition and a new foundation that was poured for the addition.
The applicanf was not clear abou� the new foundation and stated that he would check
with his confractor.
Mr. Cardenas and Mrs. Nuccion stated that the applican�s have a pattern of non-
compliance and that the Planning Commission should consider this when reviewing the
variance request.
Gary Wynn stated that the object of this meeting is to review the req�est for the Variance
and that the other items would be included in the building permit process, since the rear
additions do not have to be reviewed and approved by the Plann:ing Cornmission.
Chairman Chelf stated that there are several issues with the plan as submitted and that
the applicant should submit an accura�e plan showing aIl the additions £or the evening
meeting. Planni�lg Director Schwartz stated that verification of the size of the structure
should also be prov�ded, to assure that the enclosed porch/sunroom is included in the
calculations.
The Commissioners fhen went over to the stable area and walked along the north side of
the property.
There being no �urther discussion on this project, the public hearing was confiinued fo
the evening meeting of the Planning Commission at 6:34pm.
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Adjourned Regular Meeting
Respectfully submitted by:
Yo ta Schwartz
P 'ng Dixector
Appro
�j�����
Bra Che f,Chaurnan Date
Minutes �.
Adjourned Regular Meeting