2015-17RESOLUTION NO. 2015-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCES TO CONSTRUCT A RAISED DECK AND A WALL; TO
ENCROACH WITH A PORTION OF THE WALL AND WITH THE RAISED
DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED
MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE
NO. 885, AT 15 CABALLEROS ROAD, (LOT 21 -SK), ROLLING HILLS, CA,
(SHIPMAN).
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 Alex and Marie Shipman with
respect to real property located at 15 Caballeros Road, (Lot 21 -SK), Rolling Hills, CA
requesting a Site Plan Review and Variances to construct a 686 square foot raised deck
with supporting retaining walls. The raised deck would be 3.75 feet above grade
including a planter wall 3' above the raised deck along the eastern limit of the raised
deck. The raised deck would encroach 6.5 feet into the 20 -foot wide easterly side
setback and a portion of a wall located along the north side of the new deck would also
encroach into the side setback, with said construction, to exceed the maximum allowed
coverage with an increases from 24.55% to 26.78% where 20% maximum allowed for
structural coverage and, an increase from 43.87% to 44.22% where 35% maximum
allowed for total lot coverage.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on July 21, 2015 at regular Planning Commission meetings
and in the field also on July 21, 2015. The applicant was 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 City staff and the
Planning Commission having reviewed, analyzed and studied said proposal. The
applicants' representative was in attendance at the regular meeting hearing. One
neighbor came to the field trip meeting, but did not object to the project, except to
request that she be notified if the owners propose any new trellis of other high structure
on the patio.
Section 3. The subject property is zoned RAS -1, located on Caballeros Road,
irregularly shaped lot, with net lot area for development purposes of 36,859 square
feet. The proposed raised deck would be at the same elevation as an existing upper
terrace, creating a consolidated single outdoor living area as opposed to two separate
tiered terraces. A new outdoor kitchen is to be constructed on the consolidated terrace
area.
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15 Caballeros Rd. 1
Section 4. The Planning Commission finds that the project qualifies as Class
3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental
Quality Act) Guidelines as new construction of a small structure and is therefore
exempt from environmental review.
Section 5. A Site Plan Review is required subject to Section 1.7.46.020 of the
Zoning Ordinance, in that the proposed raised deck is a structural addition. With
respect to the Site Plan Review application for the subject deck, the Planning
Commission makes the following findings of fact:
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein by Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low-density residential development with
sufficient open space between surrounding structures. The deck construction will
occur in an area previously graded and disturbed and there will be no new grading.
The elevated condition and "bulk" of the new deck will be mitigated, as the new deck
area will be visually shielded by vegetation and the existing residence.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because no grading is required and the proposed deck
improvement is relatively minor change to an existing outdoor patio area, and would
be located above an existing patio. 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 vegetation
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 similarly zoned
neighborhood. The proposed project entails a construction of a raised deck
approximately 686 square feet in area, within an existing outdoor living and
recreational area on the property consisting of a swimming pool, water element,
terraced "on -grade" patios and spa for the purpose of enhancing and facilitating
outdoor living on the site, a common residential amenity enjoyed by property owners
throughout the City. The proposed raised deck would be located above and within the
same configuration as an existing on grade deck.
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,
subject to concurrent approval of Variances pursuant to Section 6 of this resolution.
The proposed raised deck would be located above and within the same configuration
as an existing on grade deck.
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E. 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%.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because no
change is proposed to the existing driveway, which is in compliance with applicable
requirements.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a
parcel of property to the same extent enjoyed by similar properties in the same
vicinity or zone. In proposing to encroach 6.5 feet into the 20 -foot easterly side yard
setback with a new raised deck supported by a 3.75 -foot tall retaining wall, Variances
are required to grant relief from the following Sections of the Zoning Ordinance:
17.16.150 (Structures and driveways permitted in setbacks), where the height of the
proposed deck -greater than 12" above grade, and supporting retaining wall greater
than 3', and 17.16.070 (maximum allowed lot coverage) in which case the proposed
total structural and total lot coverage area would exceed the allowed amounts with an
increases from 24.55% to 26.78% where 20% maximum is allowed for structural
coverage and, an increase from 43.87% to 44.22% where 35% maximum total lot
coverage is allowed. With respect to the aforementioned requests for Variances, the
Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding requested variance from Zoning Ordinance Sections 17.16.150, and
17.16.070 relating to the height and projection into the setback for the proposed deck
and wall: there is an existing fall in elevation of approximately 13 feet between the
garage exterior grade and elevation of lower pool deck below, between which the
property is improved with existing terraces and access steps between. The sloping
condition of the lot in this area constrains the ability to have a single level outdoor
living area of a size that can be adequately furnished and usable. Projection of the
raised deck into the side setback would enable the property owners to construct a
reasonably sized level patio designed for outdoor living by utilizing an existing
planter wall in the easterly setback as a structural support. The proposed raised deck
would be located above and within the same configuration as an existing on grade
deck.
Regarding the requested variance from Section 1716.070, relating to maximum
structural and total lot coverage limits: the property has an unusually long street
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frontage along Caballeros Road, of approximately 485 lineal feet, which, due to
related roadway easements and applicable setbacks, effectively diminishes the base
"net lot area' upon which allowed impervious and structural coverage is based. In
addition, the exceptional length of the existing driveway, which is necessary in order
to avoid sloping conditions along Caballeros Road, requires a large amount of paved
area, which in turn, reduces the residual amount of lot area that can be covered with
impervious material without exceeding the limit. Likewise the size of the existing
home including several covered porches, constrains the residual amount of net lot
area that can be covered with new structural improvements without exceeding the
code limit.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity
and zone but which is denied to the property in question by strict application of the
code. The property right which otherwise would be enjoyed is the ability to utilize a
portion of their rear yard with a sizeable patio to accommodate outdoor recreational
use, including an outdoor kitchen, which currently can not be enjoyed due to the
terraced configuration. The location of the deck is the least visually intrusive to the
property and its neighbors.
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 in that the degree of deviation from the allowed
amount of encroachment (6 -inches) and wall height (9 inches) is relatively minor.
Further, the proposed patio would not be visible from the adjoining street or private
properties and therefore is not expected to result in any visual or privacy impacts.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed patio construction will be orderly, attractive, in
line with an existing on -grade patio footprint and will not affect the rural character of
the community. The subject property is currently improved with a suitable stable and
corral area and the proposed patio will not impact use of these existing structures.
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.
F. The Variance is consistent with the portions of the County of Los
Angeles Hazardous Waster 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 Variances in Zoning Case No. 885 for new
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raised deck, walls and to exceed the maximum permitted structural and total lot
coverage subject to the following conditions:
A. Expiration. The Site Plan and Variances approval 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 17.38.070(A) of
the Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of those sections.
B. Enforcement. 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 thereunder shall lapse; provided that the City has given the
applicants 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.
C. Plan conformance with Municipal Code and Planning Commission
approval Resolution. All requirements of the Building 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.
The lot shall be developed and maintained in substantial conformance with the site
plan on file dated June 30, 2015, except as otherwise provided in these conditions.
The working drawings submitted to the Department of Building and Safety for plan
check review must conform to the development plan approved with this application.
A copy of the conditions of this Resolution shall be printed on plans approved when a
building permit is issued and a copy of such approved plans, including conditions of
approval, shall be available on the building site at all times.
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 including conformance with all
of the conditions set forth therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building 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.
D. 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 any structural development including a
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15 Caballeros Rd. 5
trellis or other similar above ground structure shall require the filing of a new
application for approval by the Planning Commission.
E. There shall be no grading for this project.
F. Structural lot coverage shall not exceed 9,874 square feet, or 26.78%; with
allowance the structural coverage shall be no more than 26.46%.
Total lot coverage of structures and paved areas shall not exceed 8,978 square feet or
44.65% or, with allowances, 8,266 square feet or 48.5% without allowances in
accordance with the proposed plan.
G. The disturbed area of the lot is 100% (of net lot area) and as such is legal
nonconforming. The proposed construction shall be contained as proposed within an
already disturbed area of the property.
H. Residential building pad coverage on the 18,511 square foot residential
building pad shall be 44.65% including allowed deductions or 48.5% without
deductions, which includes the proposed raised patio.
I. The existing stable and corral or 1,000 square foot area, feasible for
development of a stable, corral and access thereto, shall be retained on the property.
J. The applicant shall obtain building permits for the proposed raised patio
addition and walls.
K. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
L. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways. During construction,
to maximum extend feasible, employees of the contractor shall car-pool into the City.
M. 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.
N. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of stormwater drainage facilities.
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15 Caballeros Rd. 6
Further, the property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
O. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance.
P. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler shall provide the appropriate documentation to the City.
Q. If any new landscaping is introduced for this project, either within a
planter or along a wall, such vegetation shall be maintained to not exceed a height of 4 -
feet above finished grade at all times.
R. Rolling Hills Community Association Review. The project must be
reviewed and approved by the Rolling Hills Community Association Architectural
Review Committee prior to the issuance of building permit. Perimeter easements and
trails, if any, shall remain free and clear of any improvements including, but not be
limited to, fences -including construction fences, grading, landscaping, irrigation and
drainage devices, play equipment, parked vehicles, driveways, building materials,
debris and equipment, unless the Rolling Hills Community Association approves an
encroachment.
S. 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.ph, p?suite=saf etv&page=hazard def initions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
T. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective,
PASSED, APPROVED AND ADOPTED(THI$T4W16,4Y OFYALZLW 2015.
BRAD CM=,
ATTEST: `
HEIDI LUCE, CITY CLERK
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15 Caballeros Rd. 7
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.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND
VARIANCES TO CONSTRUCT A RAISED DECK AND A WALL; TO
ENCROACH WITH A PORTION OF THE WALL AND WITH THE RAISED
DECK INTO THE SIDE SETBACK AND TO EXCEED THE ALLOWED
MAXIMUM STRUCTURAL AND TOTAL LOT COVERAGE IN ZONING CASE
NO. 885, AT 15 CABALLEROS ROAD, (LOT 21 -SK), ROLLING HILLS, CA,
(SHIPMA.N).
was approved and adopted at a regular meeting of the Planning Commission on
August 18, 2015 by the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
*L6 W)
CITY CLERK
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15 Caballeros Rd. 8