2016-02 RES4LUTION NO. 2016-02
A RESOLUTION OF THE PLA.'�TNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLA�,T REVIEW '
FOR A SUBSTA_�TTIAL ADDITIOl`�, GRADING, SWIMMING POOL,
PORCH, TRELLIS, AND WALLS AI�TD VARIAI�TCES FOR
ENCROACHMENT WITH PORTIOIVTS OF THE ADDTTIONS, WALLS
AND A LIGHTWELL INTO SETSACKS, TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AND T� EXCEED 2.�'
AVEIZAGE HEIGHT OF WALLS IN ZONING CASE NO. 888 AT 17
MIDDLERIDGE LANE NORTH, {LOT �-MR}, IN THE OVERLAY
ZONING DISTRICT-OZD-1, {POST).
THE PLAIVTNING COMMISSION OF TI� CITY OF R�LLING HILLS DOES
HEREBY FIND,RESOLVE AND ORDER AS FOLLOWS:
Sec�ion 1. An application was duly filed by Mr, and Mrs. John Post for a Site
Plan Review for a 1,055 square foot addition with 1,260 square �foot basement, varying
heights, but not to exceed 5' high retaining wa11s, 492 square foot swi,,,m;ng pool with a
spa, 100 square foot covered porch, 180 square foot trellis; 1,510 cubic yards o£ grading
(incl. 150 c.y. for future stable and excavation from the pool and basemen�); and
Variances to encroach with the front addition {395 sq.£t.} into the front 30' setback, with
120 sq.ft. of the 660 sq. foot si.de addition into the side yard setback, including with the
basement below, with 125 sq.ft. basement proposed under a portion of the existing
residence; to encroach with the walls and basement light well into the side setbacks; to
exceed the 2.�'required average height of retaining walls and to exceed the maximum
perm.itted disturbance of the lot. Additionally, stairs and not to exceed 3' high wall along
the stairs will be constructed in the south side yard setback to gain access into the rear of
the pool area, constructior�of which is complianf wif�h the Zoning Ordinance.
The property received a condition with past approvals that any additional construction
or �ading on the Zot be reviewed and approved by the Planning Commisszon.
Section 2. The Planning Commission conducted duly naticed public hearings
to consider the application on September 15, 2015, and at a field trip and at their regular
meeting on October 20, 201�, and on January 19, 2016. The applicants were notifzed of
the public hearings in writing by first class mail. Evidence was heard from all persons
inte�rested in affecting said proposal and from members of the City staff. The Planning
Commission reviewed, analyzed and studied said proposal. The applicants and �ieir
representatives were in attendance at the meetings of the Plann;,,g Commission. Several
neighbox�s testified in support of the projecf.
Section 3. The property is located in fhe RAS-T Overlay Zoning Disixict
(OZD-1) of the City. The OZD-1 was established within the RAS-1 Zoning District to
ZC No.888 �
a1low moderniza�ion, reconstruc�ion, or enlargement of homes located on unique lots
generally characterized by steep terrain, smaller than typical lots in the City, smaller
than typical homes in the City, lats that are divided by a road and lots where
redevelopmenf of the existing home is difficult due to setback requirements.
Properties in the OZD-1 are allowEd a redu�ed front yard setback for locating pri.mary
structures including attached garages to 30' from the roadway easement line. In
addition, an exis�ing encroachment of not more than 10' inta the 5ide setback may be
reconstructed; however, any new construc�ion must cornply with the 20' side yard
setback requirement.
Section 4. The Plann;ng ComnZission finds that the project qualifies as a Class
3 Exemption, pursuant to Section 15303 of the CEQA (California Enviranmental Quality
Act) Guidelines and is therefore ca�egorical.Iy exempt from environmental review.
Section 5. Section 17.46.030 of the Zoning Ordinanc� requires a development
plan to be submitted fox Site Plan Review and approval before any structure, (with
exceptions}, may be constructed. Section 1'7.46.020.A of the Municzpal Code requires a
Site Plan Review for an addition exceeding 999 square feet, for gradin� and walls
higher than 3 £eet. With respect to the Si.te Plan Review applicafiions far the
improvements subject to the requirements of the above Iisted Section, the Planning
Commission makes the following findings of fac�:
A. The proposed development is compatible with the General Plan and
surrounding uses because the proposed project complies with the General Plan
requirement of low profile, low-densify �esidential deve�opment with sufficient open
space between surro�nding structures. The construction of the additions will occur in
an area pxeviously graded and disturbed and new earthwork will be confined to
ereating a Iarger pad f�r the con5tructi�n of the poa� and related retaining walls to
accommodate the building pad and access thereto. The Iot szze is adequate to
accommocl.ate the new addition and related walls and the pool and not look
overdeveloped.
B. The development plan substantially preserves the natural and undeveloped state
of the Iot because minimal grading is required for the pad to construct the swimming
pool and related terraced areas and the additions will utilize the existing levPl area of
the ].ot. Significant portions of the lot will be left undeveloped so as to maintain open
space on fihe property. The nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the Iot have been considered, and the
construct�on will not adversely affect or be materially detrimental to the adjacent uses,
buildings, or structtxres because the proposed improvements will be constructed on a
pox�ion of the lot which is Ieast intrusive to surrounding properties, wi11 be screened
and landscaped with shrubs and trees and is of stifficient distance from nearby
ZC No.888 z
residences so that the proposed project will not impact the view or privacy of
surrounding neighbars.
C. The proposed development, as cond'ztioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The proposed project is
consistent with fhe scale of homes in the surraunding RA-S-1, OZD-1 szmilar�y zoned
neighborhood. The p�oposed project entails additions to the living area with a
basement, a trellis, swunming pool, pool equipment area, and terraced walls, aIl of
which are common improvements throughout the City. The project site, with the
development, will be within the allowed st-ructural covexage {17% propased, max.
permitted 20%) and total coverage of the lot{32% proposed/35% maximum permitted).
D. The development plan generally follows natural con�o�rs of the site to the
maximum extend practicable to accompli.sh groomed and usable areas of �he lot.
Natural drainage courses will not be affected by the project. Minimai grading is
proposed and fiherefore existing drainage channels are not anticipated to be impacted.
The project construction will not be Iocated in a canyon or on existing slopes that exceed
25%.
E. The proposed develapment is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehic�es because the proposed
development will utilize the exis�ing driveway approach.
F. The project conforxns to the requixements of the California Environmental
Quality Act (CEQA) and is exempt�ursuant to Section 1�303 of the CEQA Guidelines.
G. The project preserves much of the existing vegeta�ion including ixees and wi�I
supplement these elements with drought tolerant Iandscapzng. A Iandscaping plan will
be fi��d with the City.
Section 6. Sections 17.38.010 through 17.3�.U50 of �ie Aolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zonzng
Qrdinance when exceptional or ext�raordinary circumstances applicable to the property
and not applicable to other simiiar propexties in the saxne zone prevent the owner from
making use of a parce� of property to the same extent enjoyed by simiiar properties in the
same vicinity. A Variance is requixed from RHMC Sections 17.16.19QF and 17.16.06Q(B)
because the project exceeds the allowed maximum average of wall height of 2.5-feet and
the walls and basement light well would be located in side yard setback.
Additionally, a Variance to Section 17.17.030 is required because it states that every lot in
the RA�1, OZD-1 zone sha11 have a £ront setback of not �.ess than 3Q feet from the
roadway easement and for new construction, 20 feet from the side property line. The
applicants request a Vaxiance to �onstruct an 39� square foot addition that would
encroach inta the front 30' setback; 120 square feet of the b60 square foot addition to
ZC No.888 3
encroach into the side setback, including fhe basement, and in addition, 125 square fee� of
the basement proposed undex a portion of the existing residence would encroach into the
side setback.
A Variance to Sec�ion 17.060.07QB is also required because the ma�cimum d'zsturbed area is
not to exceed 40% and this project is proposed to exceed ma�cimum distv.rbance with
�0.41%.
With respecf to this request for Variances, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to this property that do not apply generally to the other properties in the same
zane. The lots along Middleridge are narrow and are divided by the road, leaving very
sma11 building pads far construction. For development purposes the road easement plus
additional 10' parallel to the road is deducted from the size of the lot; and for
Middleridge Lane properties that condifion exists on both sides of the road, leaving a
smal.ler net Iot area than lats where the road does not intersect the properties. Therefore
the distcxrbed area of �he lot is m�a�ured against a smaller portion of the 1ot. The
exceedance of disturbance of the lot will result from fufixre construction of the stable and
corrai and is not related to the current project. The property is exceptional in that the
existirig rear slope of the property is very steep, up to 2.5:1 slope, and in order to gain flat
area in the rear, retaining walls must be used, as typical grading methods would not
work in this condi�ion. Additionally, in order to gain some back yard and to "catch" the
steep slope, the terraced walks w'rth planters and retaining walls are necessary.
Otherwise a very tall wall would be required.
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 wvhich is denied to the property in quest�on. Strict application of �ie Zoning
Ordinance would deprive the property owner of the �ght and bene£its enjoyed by
similarly situated properties in the same zone. The encroachment permits the use of the
lot to �he extent allowed for other properties wi�h similar lot configurations. The side
encraachment will be along the Iine of the current encroachment of the residence. The
property i.s Iocated in the Qverlay District o£ the City, where it has been determined the
lats are difficult to develop due to �heir configura�ion, size ox steepness, and therefore
the£�ront setbacks were reduced and side setback encroachment with existing structures
could remain and/or be reconstructed. The new addition along the Iine of the existing
encroachment wili not be more intrusive or make the side look overdeveloped than
exists.
G The granting af the Variance wouid not be materially detximental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located. Development in fhe front setback is in Iine with some
o£ the other properties along Middleridge Lane North and is in Iine with fhe existing
ZC No.888 4
side setback encroach�nent. The structural lot coverage and the total impervious Iot
coverage are within the requixements of the City. The area of additions or pool would
not impair views.
D. In gxanting ot the Variance the spirit and intenf of the Zon�ixig Ordinance
urill be observed in that the praposed addi�ions, pool and walls �o create a patio area
wi11 be orderly, attractive and shall protect the �u�ral character of fihe community. The
proposed project will nof encroach irrto potentially future equestrian uses on the
property. A suitable stable and corral area exists on#he site.
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. The structural Iot coverage and the total
impervious 1ot coverage a�re within the requirements of the City.
F. The variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management P�an relating to siting and szting criteria for hazardous
waste facilities.
Section 7. Based upan the foregoing findings the Planning Comrnission hereby
approves the Site Plan Review and Variance application in Zoning Case No. 88$ for a
1,05� square foot addition with a 1,260 square foot basement,varying heights,but not to
exceed 5' high retaixung walls,492 square foot swirn�iing pool with spa, 100 square foot
covered porch, and ixellis; all of which require 1,510 cubic yards of grading; and
Variances to encroach with the front addition (395 square feet}, into the front 30'
setback, with 120 square feet o£ the 66Q square foot new addition and new basement,
and 12� square foot basement additiori, under the existing residence; to encroach with
the �va�ls and basement light well into t�e side setback; to �xceed the 2.5' required
average height of the retaining walls and to exceed the maximum perxnitted
disturbance of the lot. Additionally, stairs and not to exceed 3' wa11 along the stairs wili
be con�tructed in the south side yard setback to gain access into the rear of the pool
area,construction of which is compliant with the Zoning Ordinance.
A. The conditions of approval specified herein shall be printed on aIl
construction plans and shall be avaxlable at the construction site at all times.
B. T'he Site Plan Review and Variances approvals shall expire within fwo
years from the effective date of approval if construction pursuant to this approval has
not cammenced within that time period, as required by Sections 17.46.080(A) and
17.3$.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise
extended pursuant to the requirements of those sections.
ZC No.SSS 5
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 req�zested,
has been held, and thereaf�er the applicant fails to correct the violation within a period
of thirty {30} days from the date of the City's dete:rmination.
D. All requiremen�s of the Building and Consiruc�ion Code, the Zaning
Code, and of the zone in which �he subject property is located must be complied with,
including the �utdoar Lighting Ordinance, unless otherwise set fox�h in this approval,
ar shown atherwise on an approved plan. Al.l existing overhead utility Iines serving the
subject praperty shall be underground�d pursuant to Section 17.27.030.
E. The lot sha11 be developed and maintained in substantial conformance
with the site plan on file dated February 2nd, 201b. Prior to submittal of final working
drawings to the Building and Safety Department for issuance o£ grading and/or
building permits, the plans for the pro�ect shall be submitted to City staff for
verifica�ion that the final plans are in compliance with the plans approved by the
Planning Cor�mission.
F. The licensed professional preparing construction plans for this project for
Suilding Departrnent review sha11 execute a Certificate affirming that the plans conform
in alI respects to this Resolu�ion approving this project and all of the conditions set for�h
thexein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building and/ or grading permit for this praject
shall execute a Certificate of Construction stating that the project will be construcfed
accoxding to this Resolution and any plans approved therewith.
G. The project must be reviewed and approved by the Rol�ing Hi11s
Cornmunity Association (RHCA).
H. Grading for �.ie project shall not exceed a total of 1,510 cubic yards of cut
and fill, which includes future grading for a stable. No grading at this time shall be
conducted in the area set aside for a future stable. �85 cubzc yards of dirt may be
exported frorn the excavation of �lie pool and basement. The resulting slopes shall not
exceed 2:1 gradient.
I. The proposed basement shall no# exceed �,260 square fee� and shall meet
aIl requirements of the Los Angeles County Bu�lding Code for basements, including exit
doors and provision for light and ventilation.
ZC No.888 6
A minimum of four-foot path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of the structure, including the
basement. The basement light well wall shall not be exposed n�are than 5' abave grade.
J. Structural �ot coverage shall not exceed 6,388 square feet ar 17.3% of the
net Iot area, in conformance with the zoning ordinance Iimit of 20°�. Total lot coverage
of structures and paved areas shall not exceed 11,850 square feet, or 32.1%, which xs in
conformance with the zoning ordinance limit of 35°/a.
K. The new infinity pool and spa shall not exceed 492 square feet in to�al
area. The pool equipment shall be screened; if by a solid wall, the wa11 sha1l not exceed
4 feet in height at any point from finished grade. Sound attenuating equipment shall be
installed to dampen the sound. The swimming pool and the spiliway shall utilize the
most quiet and technologically advanced equipment to dampen the sound.
L. The disturbance of �he net Iot area shall not exceed 18,b23 square feet of
surface area or 50.4%.
M. Residential building pad coverage on the new 7,92Q square£oot residential
buiiding pad shall not exceed 5,758 square feet or 72.7°�, which includes the
encroachment in�o the reduced front yard setback.
N. Should �,000 square feet or more of exisfing landscaping be alfered or new
iandscaping introduced, the applicant shall be required to conform to the City of
Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.1$ of the Municipal
Code.
O. The applicant shall submit to the City two copies of a landscaping and
irrigation plan prior to obtaining grading permit. AIi backfilled and graded areas as
well as the slope between �he walls shall be vegefated utilizing to the greatesf extent
£easible rnedium to large size native and drought resistant plants. Plants shall be
utilized, which are consistent with the rural character of the community and meet the
fire department requirernents for fire resistant plants. Any trees and shrubs used in the
landscaping scheme far this project shall be plar�ted in a way that will not result in a �
hedge like screening ax�d as not to impair views of neighboring properties b�.t to screen
the project site.
P. Pursuant to Section 17.17.030, b0% of the remaining front yard area shall
be landscaped, as defined in Section 17.12.250 of the Zoning Ordinance and such area
shall be shown on the plans as landscaped area.
Q. Minirnum of 50% of the construction material spoils shall be recycled and
diverted. The hauler sha11 provide the appropriate documentation to the City.
ZC No.888 7
R. There shall be no dumping of any debris, trash, soil spoils, construction
ma.terials or any other matter anywhere on the property. Further, perimeter easements
and trails, if any, shall remain free and clear of any improvements including, but nof be
limited to, driveways, fences-including coristruction £ences, grading, stairs,
landscaping, irrzgation and drainage devices, play equipment, parked vehicles, building
materials, debris and equipment, except if perrnitted by the Rolling Hills Comrnunity
Associa�ion.
S. During construction, the property owners shall be r�quired to schedule
and regulate construction and reiated teaffic 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.
T. During construction, trucks shall not park, queue and/or idle at the project
site or in the adjoini.ng :right-of-way before or after the permitted hours of operations.
To the maximum extent possible, staging of equipment and parking of vehicles during
construc�ion shall be on site.
U. If required by the City's drainage engineer, the applicant shal� submit a
detailed drainage plan. Th7s praject may be subject to the requirements of the City's
Low Impact Development portion of the Storm Water Management and Pollution
Control ordinance triggered where 10,OOQ square feet or rnore of impervious surface is
reconstructe� or added and/or the project is deemed hillside development.
V. No drainage device may be located in such a manner as to contribute to
erosion or in any way affect an easement, trail or adjacent properties. The energy
dissipaters, zf required, shall be designed in such a r„an„er as to nof cross over any
equestrian t-rails or easements. The .drainage system(s) shall not discharge water onta a
trai�, 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
prac�icable,without impairing the function of the drainage system.
W. The property owners shall be requz:red to conform to the Regional Water
Quality Contro� Board and County Public Works Department requirements for the
u�stallation and post cons�ruction maintenance of stormwater drainagc facili�ies, and
the�r Best Management Practices {BMP's) related to so�id waste and stox�n water
management, including erosion control measures.
X. The property owners shall comply with the LA County Public Hea.lth
Department requirements pertaining to septic sew�r systems.
ZC No.888 g
Y. During constxuctio�, conformance with the air quality management
district requirements shall be complied with, so fhat people or property are not exposed
to undue vehicle trips,noise, dust, and objectionable odors.
Z. The property own�x and/or his/her contractor/applicant shall be
responsible for compliance with the no-smoking provisions in the Municipal Code.
AA. The contractor shall not use tools thaf could produce a spark,including
for clearing and grubbing, during red flag warning condi�ions. Weafher conditions can
be found at:
hftp:�/www.wrh,noaa.gov/iox/main.php?sui.te=saf ety&page=hazard_definitions#FIR
E. It is the sole responsibi�ity of the prope:rty owner and/or his/her contractor to
manitor the red flag warning conditions.
AB. The property on which the projec� is located shall contain a stable and
corral or a set aside area to provide an area meet�ng alI standards for a stable, corral
with access thereto.
AC. Noiwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any madifications to the property or this project, which would
constitute additional gradin� height or structural developrnent sha11 require the
filing of a new application for approval by the Plannzng Commission.
AD. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site PIan Review and Variances approvals, as required by the
Municipal Code, fhe approvals shall not be effective.
AE. A11 conditions of the Site P�an Review and Variance appravals, thaf
apply, shalp be compiied with pxzor to the issuance of building pernut.
PASSED,APPROVED AND ADOPTED THIS 16 D OF BRU RY 16.
R ELF,CHAIR
ATTEST: '
��� �
HEIDI LUCE,CITY CLERK
Any action challengxng the final decision of the City made as a result of the public
hearing on this applicatian must be filed within the time limits set forth in Section
17.54A7Q of the Rolling Hills Municipa� Code and Code of Civil Procedure Section
1094.6
ZC No.888 9
STATE �F CALIFORNIA }
COUNTY�F LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resalution No. 2016-02 entitled:
A RESOLUTION 4F THE PLANNING COMMISSION OF THE QTY QF ROLLING
HILX.S GR.ANTING APPROVAL �F A SITE PLAN REVIEW FOR A SUBSTANTIAL
ADDITION, GRADTNG, SWIMMING P40L, PORCH, TRELLIS, AND WALLS AND
VARIANCES FOR ENCROACHMENT WITH P�RTIDNS OF THE ADDTTIONS,
WALLS AND A LIGHTWELL INTO SETBACKS, TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AND T4 EXCEED 2.5' AVERAGE
HEIGHT OF WALLS IN ZONING CASE N�. 888 AT 17 MIDDLERIDGE LANE
NORTH, (LOT 5-MR), IN TF� QVERLAY ZOIVING DISTRICT-OZD-1, (POST').
was approved and adopted at a regular meeting of the Planning Commissi.on on
February 16,2016 by the following roll call vote:
AYES: Commissioners Cardenas, Kirkpatrick and Chairman Che1f.
NOES: Commissionerrs Gray and Smith.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was pos�ed at the following:
Administrative Offices.
HE�DI LUCE
QTY CLERK
ZC No.888 10