2015-23 RESOLUTION NO. 2015�23
A RESOLUTI4N OF THE PLANNTNG COMMISSION OF THE CITY OF
ROLLING HTLLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR AN
ADDITION AND CONSTRUCTION OF A POOL EQUIPMENT ENCL�SURE
ON A PROPERTY WITH RESTRICTED DEVELOPMENT CONDITION;
GRADING FOA A GUEST PARKING AREA AND VARIANCES TO LOCATE
THE EQUIPMENT ENCLOSURE IN THE FRONT YARD AREA OF THE SITE,
TO EXCEED THE MAXIMUM PERMITTED LOT DTSTURBANCE, AND T4
LOCATE A PORTION OF A 3-FOOT HIGH RETAINING WALL WITHIN THE
SIDE YARD SETBACK AT 13 OUTRIDER ROAD, (LOT 94-A-EF), RQLLING
HILLS, CA, (HANG JA Y00).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
D4ES HERESY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was du�y filed by Ms. Hang Ja Yoo with respect to
real property located at 13 Outrider, Roll�ing Hills, CA requesting a Site Plan Review to
construct a 245 square foot addifion to the residence, a 96 square foot pool equipment
area on a property with a restrictive develapment condition; and for grading of 26
cubic yards of dirt to construct a parking area for� guest ca:rs adjacent�o the d�iveway;
and variances to exceed the maximum permitted disturbed area of the lot (51.4%), to
locate the pool equipment in the front ya�d area of the site and to locafe a portion of a
not to exceed 36" high retaining wall in the north side yard setback.
Section 2. The property is zoned RAS-1 and consists o£1.3 acres gross {58,oaa
sq. ft.) and 42,176 sq. ft. net lot area for development purposes. It is a through lot,
fronting on Outrider Road and Eastfield Drive. The property is characterized by
relatively �teep slopes as it rises overa1180 £eet between front and rear ove� a distance
of approximately 320 feet. The building pad and residence are located on a knoll
towards the lot's rear. The property is accessed from Outrider Road via a Iong, curving
driveway.
Section 3. The property is developed with a 3,007 square foot residence, 400
square foot garage and 553 square foot swimming pool on an 8,2b7 square foot
buiiding pad area. The existing disturbed area is 45% of the ne� Iot, (40% max.) and
with this proposal, this nonconforming amount of disturbed area would increase by
6.4% to 51.4%. In 2009 the applicants submitted an application fo add 629 square feet,
mainly under the existing roofline, which would routinely be appxoved
administratively. No grading was proposed. However, because, pursuant to the
Zoning Ordinance, any addition requires that a stable/co:rxal be constructed or an area
£or a future stable/corral be se�-aside on the property, the owner concurrent�y filed an
application for a Variance to waive the stable and corral requirement due to the
sloping conditions and fact that thE residential pad is at the rear, leaving insufficient
Reso.2015-23
13 Outrider 1
area€or a conforming stable and corral. wifhout significant grading. The applicant had
no plans to construc� a stable, nor wished to grade the natural terrain of the lot to
create a pad for future stable construction. The Planr,;r,g Coinmission granted the
Variance, fhereby waivi.ng the requirement to sef aside an area for fuhxre stable and
corral construction(Resoiution 2009-04).
A Variance approval, once ixnplemented, runs with the land. The sfable set-aside
Variance remains in effect for this proposal.
Section 4. The Planning Cornrnission conducted du�y noticed public hearings
to consider the application at a fieid trip on October 20, 201� and at regular meetings
on Qctober 2Q, 2015 and November 17, 2015. The applicant was notified of the public
hearings in writing by first class mail. Evidence was heard and rece�ved from alI
persons interested in affecting said proposal and from members of t11e City staff and
the Plannix�g Cominission having reviewed, analyzed and studied said proposa�. The
applicant's representative was iri attendance at the hearings. During the proceedings,
upon recommendation by the Plannxng Commission, the applicant revised and scaled
down the project.
No neighbors attended the meetings or provided written or oral testimony.
Section 5. The project has been determined to be categorically exempt from
the provisions of the Caiifornia Environmental Qualify Act (CEQA) as a minor
addition to an existing residence pursuant to Section 1�301.e of the CEQA Guide�ines.
Section 6. Sections 7�7.38.010 through 17.38.Q50 of the Rol�ing Hills Municipal
Code permit approval of a Variance from the standards and requirements of fihe
Zoning Ordinance when exceptianal or extraordinary circun�tances applicable to the
property and not applicable to other similar properties in the same zone prevent the
owner frvm making use of a parcel of property to the same extent enjoyed by si_mil.ar
propertze� in the �ame vicinify. Section 17.16.150(F) and (G), Iist permit-�ed pro�ections
and encroachment with walls into setbacks and Section 17.16.120 states that every lot in
the RAS-1 zone shall have a side setback of not Iess than 20 feet from the side property
line and Section 17.12.250 requires that every lot in the City sha11 have a front yard area
unoccupied by any structures. The applicant is requesting a Variance to encroach with
a portion of a retaining wall into the side setback and into the front yard area with the
pool equiprnent. With respect to this req�xest for Variances, the Plantung Commission
£inds�as follows:
A. There are excep�ional circumstances and conditions applicable to the
property that do no� apply gene�rally to other properties in the same vicinity and zone
because the existing residence occupies the rear portion of the lot, making it
impossible, due to insufficient space in the rear, fo locate any improvernent in the rear.
The pool equipment is minimal in size (96 square feet) and wi11 be tucked into an
exzsting s�ope and screened. In addition, the terrain in the remaining partian of the lot,
presenis constraints due to sl�ped conditians, and would still require a Variance due to
Reso.2015-23
13 Outrider 2
the exceptionally large "front yard" based on the location of the residence at the rear of
the lot.
The short retaining wall, (ranging from 18" to 36") is required to provide stru.ctural
support to a parking pad for 5 cars to be created as an extension to the existing
driveway. The parking area wzll be entirely behind the front setback, have a permeable
surface and will serve as guest parking for the property.
B. The variance is necessary £or the preservation and enjoyment of
subs�antial property rights possessed by other properties in the sarne vicinity and zone
but which is denied the property ut question because due to the existing location of the
house xt would be a hardship to Iocate the pool equipment area or fhe parking for
guests, which necessitates the short retaining wall, elsewhere on the lot. The expansive
open space in the fronf yard comfortably supports the uses. The proposed loca�ion of
the pool equipment and the retaining wall 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 zn such vicinity and zone
in which the property is Iocated. The proposed development in the side setback and
from yard of the lot is minimal and up slope frorn the proper�y Iine. The area of the
parking pad would not impair views or be obtrusive to neighbors. The retaining wall
along �he guest parking area is down slope from the main building pad and is
necessary to support the slope above. The side encroachment resulting from the
retaining wall and pool equiprnent area is very minor and is not visible from the street
or other residences. The struc�ural lot coverage and the total unpervious lot coverage
are within the requirements of the City.
D. In gran�ing of the Variance the spirit and intent of the Zoning Ordinance
wi�l b� ob�erved in that the proposed development will be orderly, attrac�ive and wi11
not interfere with the rural character of the commun�ty. The development is very
minimal and will not result in overbuilding on tkte Iot. The Variance granted
previously waiving the requirement for a stable and corral and for disturbed area,
recognizes the dz£:ficulty in construcfing on the lot.
E. The Variance request is consistent with the Gene�al Plan of the City o£
Rolling Hills because �ie stru�fixres comply with the General Plan requirement of low
profile, low-density residential development with sufficient open space between
surrounding structures. The structural 1ot coverage and the total impervious Iot
coverage are within the requirements of the City. Although small amount of t12e
improveanents are located in the setback and front yard, they aire passive uses and
minor encroachments that will not significantly reduce open space between
surrounding st:rructures.
Reso.2015-23
l.3 Outrider 3
Section 7. The applicant seeks a vaxiance #rom the 4U�/o maxinlum disturbed
area standard set fo�h in Section 17.16.070 of the Rolling Hills Municzpal Code.
Sections 17.38.010 through 17.38.050 of the Code permit approval of a variance from
the standards and requirements of the Zoning Ordinance when, due to excep�ioxiai or
extraordinary circumstances applicable to the property and not applicable to other
similar properties in the same zone, strict application of the Code would deny the
property owner subs�anfial property rights enjoyed by other properties zn the same
vicinity and zone. Additional find'zngs are also required, as detailed herein. With
respect to this request for a Variance,the Plann'v.zg Cammissior�finds as#ollows:
A. There are exceptional and extraordinary circumstances and condifions
applicable to the property or to �he intended use that do not apply generally to the
other property or class of use in the same zone. The topographic nature and �he
configuration of current development o£ the subject property are such that any
construction on the propex�.y, where grading would not be required, wou.ld ixigger
additionai disturbance. Due to the topography o# the lot, the placement of the
residence in the rear of the lot and the Iang and curved driveway, the�e is no other
place ta provide for additional parking on the Iot. Current�y, without the proposed
grading, the disturbed area exceeds the maximum permitted at 45.0%, fherefore any
development outside the existing disturbed area requi�res additional grading and/or
disturbance.
B. The varzance is necessary for �he preservation and enjoyment of a
substantial property rxghf possessed by other properties in the same vicinity and zone,
but which would be denied to the property in question absent a variance. The lot is
developed with the residence and pool in the rear of the lot and there is no other area
beyond the residence and the pool for �lie construction of an area for guest parking.
The existing back up area frorn the garage is inadequate to allow for addifional
parking. In ord�r for th� applicants to enjoy their property, the Variance ta exceed the
maximum permitted disturbed area is necessary. The additional disturbance of the net
lot area that will result from grading for the parking for guests is m;n;ma1 and will not
result in a structure, therefore keeping the openness of the lot and is in keeping with
Cify's gaals to maintain rural character of the Ci�y. The overage is not significant and
the property owner shou�d not be denied the privilege of additional parking on a
difficult Iot because the topographic nature of the 1of and configuration of the existing
residence makes it infeasible to comply strictly with Section 17.1b.170.
C, The granting of the Variance would not be materially detrimental ta the
public wel�'are or injurious to the property or improvemenis in such vicinity and zone
in which the property is located. Significant po�tions of the lot will be Ieft
undeveloped so as to maintain open space on the property. The proposed project will
be constructed on a portian of the 1at which is not intrusive to surrounding properties,
and it is not zn the vicinity of the adjacent residence. The parking area will be screened
and landscaped with trees and shxubs €rom from the stxeet so that the proposed
Aeso.2015-23
13 Outrider 4
construction will nat impact the view ar privacy of sux�rounding neighbors, and will
permit the owners to enjoy their property without deFeterious infringemer�t on the
rights of surrounding properfiy owners.
D. The nahxre, condition, and development of adjacent uses, buildings, and
structures and the topog�raphy of the 1ot have been considered, axld the construction of
the stable and corral will not adversely affect or be rnaterially detrimenfal to the
adjacent uses, buildings, or structures because the proposed project will be
constructed on a portion of the lot which is not ini�t�uszve to sui-rounding properties,
will be screened and landscaped with trees and shrubs will be of sufficient distance
from nearby residences and the street so that the propased construction wi11 not
impact the view or privacy of surrounding neighbors, and will permi� the owners to
enjoy their property without deleterious infringement on the rights af surrounding
property owners. A minor increase in the overal� percentage of disturbed a:�ea on the
Iot will have na eftect o� the pubiic welfare o;r on property or improvements in the
vicinity.
E. In granting the variance, the spirit and intent of the General Plan and the
Zoning Ordinance will be observed. The purpose of the Zoning Ordinance is to regulate
development in an oxderly fashion and in a manner consistent wifih the goals and
policies o£ the General Plan. Approval of the variance will not irnpede any goals of the
Zoning Ordinance or the Genera� Plan. Rather, the variance will allow the property
owner to enjoy the same rights and prxvileges afforded to other property owners in the
vicinity. The overage requested is not substantial and does not undermine the spirit or
intent of the Zoning Ordinance.
F. The variax�ce does not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to ather property owners in the vicinity. Unique circumstances
applicable to the subject property make it infeasible for the property owner to comply
with Section 17.�6.070. The minor overage requested will allow the praperty owner to
enjoy the same rights and privileges af£orded to many other properties in the vicinity
and zone.
G. The variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for haza�rdous
waste facilities.
Section$. Secfion 17.16.040C authorizes the Planning Commission ta impose
a condition on a deveiopment that any£ufiure development an the lot shall require a Site
PIan Review. Such condi�ion was placed on this property in 2009 when the applicant
requested a Variance fo waive the stable and corral requirement. In addition a Sife Plan
Review is required for the grading for the 1,82Q square foot guest parking area in the
amount of 23 cubic yards of cut and 13 cubic ya:rds of fill and to add 245 square feet to
Reso.2015-23
13�utridez' 5
the residence, which if not for the restrictive condition, would be approved
administratively. With respect to the Site Plan Review ap�lication the Planning
Cornmission finds as fallows:
A. The praposed development is compliant with all requiremen�s of the
Zoning Ordinance except as approved herein by Variance, and is compatible with the
General PIan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low-density residential developrnent with
sufficienf open space between surrounding structures and fallowing strict grading
practices to preserve the community's natural terrain. The addition construction will
occur in an area previously graded and disturbed and under an existing roof, therefore
not causing greater structural coverage or massing. The grading for the parking area is
very minimal at fotal of 26 cubic yards of dirt that will be balanced on site.
B. The development p�an substantially p�eserves the natural and
undeveloped state of the lot by minimizing building coverage because the project does
not add to building coverage.
C. The proposed development, as conditioned, is harmor�ious in scale and
xnass with the site, the natural terrain and surrounding residences. The proposed project
is consis�ent with the scale o£ development in the surrounding RA-S-1 similarly zoned
neighborhood. The addition is under an existing roof not adding fo the mas and bulk of
the structure and the resulting residence would not cause the �ot to be overbuilt. The
construction will not adversely affect or be materially detrimental to the adjacenf uses,
buildings, or structures because the proposed improvernents wi1l be constructed on a
portion of the lot which is least intrusive to surrounding properties, has been previously
graded and disturbed (the addition) and i.s ver� minunal for the guest pa;rking spaces
and is an extension of the existing driveway, and is of su#ficient distance fram nearby
residenc�s that the p�oposed project will not impact the view or p�rivacy of neighbors.
D. The development plan generally follows natural contours of the site to the
maximum extend pracficable ta accomplish a necessary short retaining wal.l in order to
support the guest parking.
E. Natural draznage courses wi11 not be affected by the praject. Very
minimal g�rading is proposed and therefore existing drainage channels are not
anticipated to be impacted. The project construction will not be Ioca�ed in a canyon or
on eacisting slopes that exceed 2�%.
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 i.s in compliance with applicable
requirements.
Reso.2015-23
Z3 Outrider 6
G. The project conforms to the requirements of the Ca�ifornia Environmenfal
Quality Act because it is categorically exempt.
Secti.on 9. Based upon the foregoing findings, the Planning Comxnission
hereby approves �ie Site PIan Review and Variances in Zoning Case No. 884 subject to
the follawing condition.s:
A. The Site PIan and Variances approval shall expire wzthin two years from
the effective date of approva� if construction pursuant to this appraval has not
commenced within that tirne period, as �equired by Sections 17.38.Q70(A} and 17.4b.Q$0
{A} of the Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements o£those sections.
B. It is declared and made a condition of the approva� that i�any conditions
thereof are violated, this approval shall be suspended and the privileges granted
th.ereunder shall lapse; provided �hat the City has given the applicants written notice to
cease such violation, the opportunity for a hearing has been provided, and if a hearing
has been requested, it has been held, and thereafter the applicant fazls to correct the
violation within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Building and Construction Qrdinance, fhe Zoning
Ordinance, and of the zone in which the subjecf property is located must be complied
with unless otherwise set forth in this approval, or shown otherwise on an approved
plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated November 13, 2015, except as otherwise provided in
these conditions.
E. The existing driveway approach shall not be made wider, except that a
1,820 square foot guest parlcing area maybe developed adjacent to the driveway behind
the aQ�foot front yard setback.
F. The guest parking area shall have a distinctly different surface material
than the driveway and rnay not be impez�vious nor may it consisf of block or concrete
pavers.
G. Should improvements be made to the retaining walls a�ong �he exisHng
d:�.veway, such retaining walls may not exceed 3' in height, or a Site Plan review £or
walls higher than 3' would be required.
H. 26 cubic yards o£ cut and fill, total, may be graded far the parking area
and the pool equipment and be balanced on site.
Aeso.2015-23
13 Outrider 7
I. Prior to finaling this p�oject, the area of the Iot East of the guest parking
area, between the roadway easement and �he parking,but not in the easement, shall be
landscaped with ground cover or similar plants to soften that po�tion of the lot and to
screen the guesf parking fram the street.
J. The structural lot coverage on tlie 42,176 square foot net Iot shall not
exceed 4,�64 square feet or 10.8%-with allowed deductions (24% permitted}; and the
total Iot coverage including fhe struct�xres and paved areas shall no�t exceed 10,915
square feet or 26.0%, with allowed deductions, (35% permitted).
K. Disturbed axea of the lof shall not exceed �1.4% or 21,b75 square feet of
the nef lot area, of which 4�% exists.
L. Coverage on the existing 8,267 square foot residential building pad shall
not exceed 55.2%.
M. The Variance previously granted to waive the requirement for a set aside
or construc�ion of a stable and corral is applicable to this proposed development and
i�s findings rexnain intact.
N. The pool equiprnent area shall be screen from neighbors and the street at
a11 times and shall be constructed utilizing the most advanced material to reduce noise
originating from the area.
4. During construction, conformance with the air quality managernent
district requirements, stormwater pollution prevention practices, county and Iocal
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors shall be required.
P. During and afte�construction, a11 parking shall take place on the project site
and, if necessary, any overflow parking may take place within nearby unimproved
roadway easements, but not to obstruct neighboring driveways or trails. During
construc�ion, to maximum extend feasible, employees of the contractor shall car-poo�
into the City.
Q. At aII times property owners shall be required to schedule and regulate
construction and related traffic noise throughout the day befween the hours of 7 AM
and b PM, Monday through Saturday only, when construction and meciianical
equipment noise i.s permi.tted, so as not to interfere wi�li the quiet �residential
environment of the City of Rolling Hills.
R. The property owners sha11 be required to conforxn to fhe Regional Water
Qua�ity C:ontrol Board and County Health Depax�menf requirements for fhe
:installation and maintenance of stormwater drainage facilities and septic tank facility.
Reso.2015-23
13 Outric3er S
S. The property owners shall be required to confarm fo the City of Rolling
Hills Outdoor Lighting Ordinance.
T. If any landscaping is introduced for this project, the trees or shrubs shall
be .of a type that do not grow higher than the ridge line of the residence and shall be
maintained at such height at all times, so as nat to impair neighbors' view. The
landscaping, if pianted, shall inciude nafive drought-resistant "vegetation and be
planted in an offset manner so that not to resvlt in a hedge like screen. If landscaping
of 5,000 square foot area or greater is introduced the landscaping shall be subject to the
requixements of the City's Water Efficient Landscape �rdinance.
U. The licensed professional preparing construction plans for this project for
Building Departrnent review shall execute a Certificate affirming that the p1anS
conform in aIl respecfs to this Resolufion approving this project and all of the
conditions set forth therein and the City's Building Code and Zoning Ordinance.
Ft3rther, the person obtaining a building perxnit 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.
V. Rolling Hills Cornmunity Associafion review and approval o£ this project
is required.
W. The conixactor sha11 not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning condi�ions. Weather conditions can
be found at:
� �� ��������� �����i���.��.m��������� ���`��� _ �,������� •�_����.���������
_....._._. _-_. ,._-___� �.
�-�:a Tt is the sole responsibiliiy ot the property owner and/or his/her contxactor �o
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the con1xactox� shall have readily available fire
distinguisher.
X. Notwithstanding Sections 17.46.020 and 17.46.07a of the Rolling Hills
Municipa� Cade, any rnodifications a� further develaprnent on the property or this
project, which would constitute additional gradin� height or structural
development shall require the filing of a new applicatian for appraval by fhe
Planning Commission.
Y. Until the applicants execute an Affidavif of Acceptance of all conditions
of this approval, the approvals shall r�ot be effective.
Z. ,A11 conditions of this approval, that apply, shall be complied with prior
to the issuance of building permits and these conditions sha11 be pririted on the
approved plans.
Reso.2015-23
13 Outrider 9
PASSED, APPR4VED AND ADOPTED THIS 15�DAY OF DECEMBER 2015.
BR LF, - AIRMAN
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 Iimits set forth in
section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1Q9�.6.
Resa.2015-23
13 Outrider 10
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §�
CITY OF ROLLING HILLS )
I certify that fihe foregoing Resolution No. 2015-23 entit�ed:
A RESOLUTION OF THE P'LANIVING COMNIISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL 4F A S�TE
PL,AN REVIEW FOR AN ADDITION AND CONSTRUCTION �F
A POOL EQUIl'MENT ENCL4SURE ON A PROPERTY WITH
RESTRICTED DEVELOPMENT C�NDITION; GRADING F�R A
GUEST PARKING AREA AND VARIANCES TO LOCATE THE
EQUIPMENT ENCLOSURE IN THE FRONT YARD AREA OF
THE SITE, TO EXCEED THE MAXIMUM PERMTTTED LOT
DISTURB.ANCE, AND TO LOCATE A PORTION �F A 3' HIGH
RETAINING WALL WITHIN THE SIDE YARD SETBACK AT 13
OUTRIDER ROAD, (LOT 94-A-EF}, R�LLING HILLS, CA,
(HANG JA Y00}.
was approved and adopted at a regular meeting of the PlanniYig Commission on
December 15th,2015 by the following roll call vote:
AYES: Commissioners Cardenas, Kirkpatrick,Gray, Smith and
Chairman Chelf.
NOES:
ABSENT:
ABSTAIN:
and in comp�iance with the Iaws of California was posted at the following:
Administrative Offices.
CITY CLERK
Reso.2015-23
13�utrider 11