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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 Minutes a 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. Minutes 2 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. Minutes 3 Adjourned Regular Meeting Respectfully submitted by: Yo ta Schwartz P 'ng Dixector Appro �j����� Bra Che f,Chaurnan Date Minutes �. Adjourned Regular Meeting