2015-14RESOLUTION NO. 2015-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
GRADING, SWIMMING POOL WITH A SPA, ABOVE GRADE DECK, AND A
RETAINING WALL; AND VARIANCES TO ENCROACH WITH A PORTION
OF THE POOL, ON GRADE DECK AND RETAINING WALLS INTO THE SIDE
YARD SETBACK, IN ZONING CASE NO. 882 AT 63 CREST ROAD EAST, (LOT
70B -2 -MS), (RITTER).
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 Mrs. Nina Ritter with respect to real
property located at 63 Crest Road East, Rolling Hills requesting a Site Plan Review to
construct a 1,540 square foot infinity swimming pool with a spa, reconstruct the existing
pool deck and add 945 square feet of new decking of which 350 square feet would be
above grade and construct not to exceed 4' high retaining wall. The proposed grading for
this project will entail 2,000 cubic yards of dirt (total cut and fill). The cut for the walls will
not exceed 4' and at maximum the deck would be 3'2" above grade. The applicant is also
requesting Variances to encroach with 182 square feet of the pool, portion of the on grade
deck and the retaining walls (one 3' high by 91.5' long and one 4' high by 17' long) into the
side yard setback.
Section 2. In January 2015, the property owner obtained an administrative
approval to reconstruct the existing 718 square foot swimming pool and deck, both within
the exiting footprint. A building permit was issued for this work on January 27, 2015.
During the course of construction the applicant desired to enlarge the pool and deck and
commenced the construction on the expanded project. When notified that the expanded
scope of work requires additional City approvals and building permits, the applicant
stopped all work.
Section 3. The property is zoned RAS -2 and is located along Crest Road E. It
consists of 5.80 acres (exclusive of roadway easements) and is very irregular in shape. The
site is improved with two building pads: one for the main residence, riding ring and
stable, and a second pad is improved with a tennis court, decks and pool, which is subject
of this application. This pad is in a location of the property that is long and narrow. For
development purpose the net lot area of the lot is 227,441 square feet.
Section 4. The Planning Commission conducted duly noticed public hearings on
May 19, and July 7, 2015 including a field visit to the site on May 19. 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
public, City staff and the Planning Commission. The Planning Commission have
ZC No. 882 1
reviewed, analyzed and studied said proposal. The applicants and their representatives
were in attendance at the hearings.
Section 5. The Planning Commission finds that the project qualifies as a Class 3
Exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 6. Structures Site Plan Review. Section 17.46.030 of the Zoning
Ordinance requires a development plan to be submitted for Site Plan Review and
approval before any grading requiring a grading permit or any building or structure may
be constructed. Section 17.16.200G requires a development plan to be submitted for Site
Plan Review for swimming pools exceeding 800 square feet, Section 17.12.040D defines
above grade decks as structures which require a Site Plan Review and Section 17.16.190F
requires a Site Plan review for walls over 3 feet in height. With respect to the Site Plan
Review application for grading and for the improvements 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 requirement of low profile, low-
density residential development with sufficient open space between surrounding
structures. The project conforms with development standard requirements for lot
coverage and disturbance of the Zoning Ordinance. The grading for the improvements is
minor (1,000 cubic yards of cut and 1,000 cubic yards of fill) on a large lot and it mostly
consists of excavation for the larger pool. The resulting slopes will match the slopes
currently surrounding the outdoor amenities and therefore the lot would not have the
appearance of having unnatural terrain, as all of the grading blend into a natural, existing
looking condition. The cut and fill for the walls do not exceed 4 feet, which is less than the
maximum permitted without a variance. The proposed 4' high retaining wall is only 17
long and will be screened by landscaping so as to reduce the visual impact of the
development. The swimming pool will be located in an area already developed with decks
and pool and other outdoor amenities and is on a portion of the property away from any
residence and street and will not be visible or obtrusive to neighbors. The 350 square foot
above grade deck will be located below the level of the swimming pool, and no more than
3'2" above the natural grade and will not be visible from any street or neighbors and will
be screened by landscaping.
B. The development plan substantially preserves the natural and undeveloped state of
the lot because the new improvements will not cause the lot to look overdeveloped. The
proposed development will be located on the existing pool -building pad (although
enlarged through the grading). The 4' retaining wall will be terraced to a 3' wall and will
be only 17 in length to avoid the construction of one 7 retaining wall and will therefore
minimize grading to create a larger building pad. Significant portions of the 5.80 lot will
be left undeveloped so as to maintain open space on the property. The nature, condition,
and development of adjacent uses, buildings, and structures and the topography of the lot
ZC No. 882 2
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 plants and shrubs, 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 the neighborhood, as it is on a large lot. As indicated in Paragraph A, the
lot coverage maximums set forth in the Zoning Code will not be exceeded.
D. The development plan 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. Grading will not modify existing drainage channels nor
redirect drainage flow. The project is not located in a canyon or on existing slopes that
exceed 25%.
E. The project preserves much of the exiting vegetation elsewhere on the lot and will
introduce drought -tolerant landscaping, which is compatible with and enhances the rural
character of the community, and the landscaping will provide a buffer or transition area
between private and public areas. A landscaping plan has been filed with the City.
F. 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.
G. The project conforms to the requirements of the California Environmental Quality
Act and is exempt.
Section 7. Structures Variances. Sections 17.38.010 through 17.38.050 of the Code
permit approval of a variance in order to grant relief from the standards and requirements
of the Zoning Ordinance when, due to exceptional or extraordinary circumstances
applicable to the subject property and not to other similar properties in the same zone,
strict application of the Code would deny the property owner substantial property rights
enjoyed by other properties in the same vicinity and zone. Sections 17.16.120 require a side
yard setback of 35 feet from the side property line in the RAS -2 zoning district, and Section
17.12.190 requires that the setbacks be unoccupied by any structure, with certain
exceptions, not applicable in this case. The applicants request a Variance to encroach into
the side yard setback to permit the construction of a portion of the pool (182 square foot
encroachment), a portion of the new on grade deck and retaining walls, one 3' high and
one 4' high. With respect to this request for Variances, the Planning Commission finds as
follows:
ZC No. 882 3
A. There are exceptional and extraordinary circumstances and conditions applicable to
the subject property or to the intended accessory structures that do not apply generally to
the other property or class of use in the same zone in that existing outdoor pool and decks
are located on a very narrow portion of the very large and long, making it impossible, due
to insufficient space, to locate the proposed accessory structures such that they would
conform to the setback requirement. In addition, much of the terrain elswhere on the lot,
presents constraints due to sloped conditions, and would require substantial grading. The
proposed pool and decks are integral to outdoor living in the City and there are no other
viable options in locating these amenities without further grading and substantial
disturbance of the lot.
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 side 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, riding ring
And the stable (in the front of the proeprty) and the pool and decks in the middle of the
Property does not lend itself to construcitng any enlarged 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.
Also, due to the topography and terrain, the retaining walls are necessary to minimize
even further encroachment and the height of the walls are minimal, of which the 3' high
wall could have been approved administratively, if not for the location in the side yard
setback and the 4' high wall would only require a Site Plan Review, if not for the proposed
location.
C. The granting of the requested Variances 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 because proposed accessory structures would not affect any
neighbor's views and property value and would be screened from the street and
neighbors. Development of the pool, deck and the low retaining walls in the side setback
will allow substantial portion of the lot to remain visually open. No one came forth during
the public hearing process against the project and one neighbor testified in support of the
project.
D. In granting the variances, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate development in an orderly
ZC No. 882 4
fashion and in a manner consistent with the goals and policies of the General Plan.
Approval of the variance will not impede any goals of the Zoning Ordinance or the
General Plan. Rather, the variance will allow the property owner to enjoy the same rights
and privileges afforded to other property owners in the vicinity. The requested variance is
not substantial and does not undermine the spirit or intent of the Zoning Ordinance.
E. The variance does not grant special privileges to the applicant. Significant portions
of the lot, which is 5.0 acres in size, will be left undeveloped so as to maintain open space
on the property. The structures will be screened. 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 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 of sufficient distance from nearby
residences and will substantially utilize the existing relatively flat area for the new
construction.
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 8. Based upon the foregoing findings in Sections, 6 and 7, the Planning
Commission hereby approves the Site Plan Review and Variances application in Zoning
Case No. 882 for grading of 2,000 cubic yards of dirt total, construction of 1,540 square foot
infinity swimming pool with a spa, not to exceed 4' high retaining wall, reconstruct the
existing pool deck and add 945 square feet new decking of which 350 square feet would be
3'2" above grade, plus variances to encroach with 182 square feet of the pool, the on grade
deck and one 91.5' long, 3' high retaining wall and one 17 long 4' high retaining wall into
the side yard setback, as shown on the Site Plan dated April 20, 2015 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 tunes.
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
ZC No. 882 5
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.
E. The lot shall be developed and maintained in substantial conformance with the site
plan on file dated April 20, 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.
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 RHCA.
H. Grading shall not exceed 1,000 cubic yards of cut and 1,000 cubic yards of fill to be
balanced on site. The resulting slopes from the grading activity shall not be steeper than
2:1 in gradient. The disturbance of the net lot shall not exceed 73,306 square feet of surface
area or 32.3%.
I. Structural lot coverage shall not exceed 16,812 square feet, (including the tennis
court and the above grade deck) or 7.4% of the net lot area, in conformance with the
zoning ordinance.
J. Total lot coverage of structures and paved areas shall not exceed 37,925 square feet,
including the driveway or 1.6.8 % in conformance with the zoning ordinance.
K. The proposed retaining walls may not be higher than as shown on the site plan
dated 4/20/15.
L. Prior to finaling the project, the graded slopes shall be landscaped with drought
tolerant plants for erosion control. The applicant shall be required to conform to the City
of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal
Code, and the landscaping shall be reviewed by the City's landscaping consultant. The
applicant shall submit to the City two copies of a landscaping plan and water usage
certification prior to obtaining grading or building permits. Within 90 -days of completion
ZC No. 882
of the construction of the project, the applicant shall submit a landscaping compliance
certification.
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 configuration and as not to impair
views from neighboring properties but to screen the project site, including the walls.
M. Minimum of 50% of the construction material spoils shall be recycled and diverted
from landfills. The hauler shall obtain a Construction and Demolition permit from the City
and provide proof of recycling.
N. There shall be no discarding of any debris, trash, soil and construction spoils or any
other material into the canyon or deposited anywhere on the property, including
easements. No grading, planting, structures, drainage devices or hardscape, including
driveways, or storage of any objects including building materials shall take place in the
easements, unless approved by the RHCA.
O. 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.
P. During grading and construction operations, 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.
Q. The applicant shall comply with grading requirements relative to submittal of
grading and construction reports as required by the Building Official.
R. If required by the Building Official, the applicant shall submit a detailed drainage
plan to the Cit - s drainage engineer. If applicable, this project shall meet the requirements
of the City's Low Impact Development portion of the Storm Water Management and
Pollution Control ordinance.
S. No drainage device may be located in such a manner as to contribute Lo erosion or
in any way affect an easement, trail or adjacent properties. The energy dissipaters 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 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.
ZC No. 882 7
T. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Public Works Department requirements for the installation of
best management practices (BMPs) related to solid waste and storm water management,
including erosion control measures, and post construction maintenance of stormwater
drainage facilities.
U. 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.
V. The property owner and/or his/her contractor/ applicant shall be responsible for
compliance with the no -smoking provisions in the Municipal Code.
W. 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 #FIRE.
It is the sole responsibility of the property owner and/or his/her contractor to monitor
the red flag warning conditions.
X. The existing stable shall be maintained as a stable; or the property shall contain an
area of minimum of 1,000 square feet to provide an area meeting all standards for a stable
(450 square feet) and corral (550 square feet) with access thereto.
Y. 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.
Z. All conditions of the Site Plan and Variances approvals, that apply, shall be
complied with prior to the issuance of grading or building permit.
PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2015.
MICHAEL GRA ;-AIRMAN
ATTEST:
�L V
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 Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6
ZC No. 882 8
r
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
GRADING, SWIMMING POOL WITH A SPA, ABOVE GRADE DECK, AND,
RETAINING WALL; AND VARIANCES TO ENCROACH WITH A PORTION
OF THE POOL, ON GRADE DECK AND RETAINING WALLS INTO THE SIDE
YARD SETBACK, IN ZONING CASE NO. 882 AT 63 CREST ROAD EAST, (LOT
70B -2 -MS), (RITTER).
was approved and adopted at a regular meeting of the Planning Commission on July 7,
2015 by the following roll call vote:
AYES: Commissioners Cardenas, Smith and Vice Chairman Gray.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: Chairman Chelf (recused).
and in. compliance with the laws of California was posted at the following:
Administrative Offices.
*,&&ji
HEIDI LUCE
CITY CLERK
ZC No. 882 9