2016-09 RESOLUTION NO. 2016-09
A RESOLUTIQN OF THE PLANIVTING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW T4 CONSTRUCT AN ADDITION AND GRADING;
AND A VARIANCE T� ENCROACH INTO THE k'RONT YARD
SETBACK WITH A PORTION 4F THE ADDITION AND TO
RETAIN A SHED IN THE SIDE YARD SETBACK IN ZONING
CASE NO. 898 AT 46 EASTFIELD, (LOT 97-EF) {MILLER}.
THE PLANNING COlVIlVIISSION 4F THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Robert Mille��vith
respect to r�al property lacated at 46 East�ield, (Lot 97-EF), Rolling Hills, CA
requesting a Site Plan Review for the construction of a 1,757 square foot addition
.�� their existing residence far a total of 4,OOQ square feet, and grading of total of
70Q cubic yards of dirt, of which �00 c.y. is for excavation and recompactian (250
cy, each). The variances are requested for an 85 square foot partion of the
proposed additzon that encroaches between 5-10 feet into the front yard setback
and to retain an existing wood shed in a side yard setback.
Section 2. The Plann;ng Commissian conducted duly noticed public hearings
to consider the application on January 39, 2Q�6, February 1b, 2016, and March �5,
2016 and in the field on February 16, 2016. The applican�s were nofified of the
public hearings in wrxting 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 Planning Commission having reviewed, analyzed, and studied
said proposal. The property owner and his representative were in attendance af
the public hearings, No neighbors reviewed the plans before the meetings or
attended the meetings.
Section 3. The property is zoned RAS-1 and the Iot area excluding fihe
roadway easement is 1.8 acres. For development purposes the net lot area of the
1ot is ba,880 square feet or 1.51 acres. The property is deve�oped with a 2,243
square foot residence, 42Q square foot garage, 465 square foot swimrning pool,
6$0 square £oo� pool hause, several trellises, sheds, and other amenities. One
shed and the service yard are Iocated in side setbacks and require a variance or
must be removed. The pool equipment area is located in the side setback as we11
and it is considered legal-nonconforming.
Section 4. The project has been detexmined to be cafegorically exempt
pursuant to the California Environmental Quality Acf {CEQA} as a C1ass Z
exemption in that the project is an addition.
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46 Eastfield Drive
Section 5. Section 17.46.Q20{3) requires a development plan to be submitted
for Site Plan Review for an addition over 999 square feet, and for grading. With
respect fo the Site Plan Review application requesting approval of a 1,757 square
foot addi�ion, and associated grading the Planning Commission makes the
following findings of fact:
A. The proposed development is compatible with the General Plan,
the Zoning Ordinance and surrounding uses because the proposed structure
complies with the General Plan requirement of low profile, low-density
residential developrnenf. The project confoxms to Zoning Code lot coverage
requirements. The Iot currently is nonconforming for disturbed area (maximum
40% of net 1ot area permitted). There is a tatal existing disturbed area of 26,600
square feet (40.4% of the net �ot area), which is not proposed to change. The
proposed project is Iocated below Eastfie�d Drive and will be screened frorn the
road by the drop in elevation and landscaping which m;n;m;zes the visual
i�npacf of the development.
B. The development plan substan�ially preserves the natural and
undeve�oped sfate of the Iot by minimizing building coverage because the
addition is locafed in a previously graded area and will not cause the lot to Iook
overdeveloped. Significant portions of the Iot will be Ieft undeveloped so as ta
maintain open space on the property. The nature, condition, and development of
adjacent uses, buildings, and strt�ctures and the topography of the lot have been
considered, and the construction and maintenance of the proposed addition will
not adversely affect or be ma.terially detrimental to the adjacent uses, buildings,
or strucfiures because the proposed addition will be constructed on a portion of
the lot which is already graded, will be below street view, is a sufficient distance
from nearby residences so that the propased s�ructure wilI not irnpact the view
or privacy of surraunding neighbors.
C. The proposed development, as cond'ztioned, is harmonious in scale
and mass with the site, the na#ural terrain and surrounding residences. The
proposed project is consistent with the scale of homes in the surrounding RA-S-�
similarly zoned neighborhood. The proposed project entails construction of an
addition and wil� create a residence that is �,000 square feet. The average
xesidence size of the adjacent homes is 4,413 square £eet, which is larger than the
pxoposed project.
D. The development pIan generally follows natural contours of the szte
to the maximum extent practicable to accompli.sh groorned and usable areas of
the �ot, subject to concurrent approval of Variance pursuant to Section 6 of this
resolution. Natural drainage courses will not be affected by the project. Mxnimal
gxading is proposed on previously graded areas and therefore existing drainage
channels are not anticipated to be impacted.
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46 Eastfield Drive
E. The proposed developmenf is sensitive and not detximental to the
convenience and safety of circula�ion for pedest�rian.s and vehicles because no
change is proposed to the existing driveway, which is in campliance with
applicable requirements.
F. The project conforms to the requirements of the Californaia
Environmental Quality Act and is exempt.
Sectian b. Sections 27.38.010 through 17.38.050 of the Rolling Hzlls Municipal
Code perxnit approval of a Variance from the standards and requirements of the
Zoning Ordinance when exceptional or extraordinary cixcums�ances applicable
to the property and not applicable to other sirni�ar properties prevent the owner
from making use of a parcel or properEy to the same extent enjoyed by sirrtilar
properfies in the same vicznity. Sections 17.1b.110 requires that every lot in the
RAS-1 zone shall have a front setback of not Iess than 50 feet from the road
easement line. The applicant is requesting a Variance to encroach with an 85
square foot portion o£ the addition into the front yard setback by 10-feet, leaving
a 40-foot setback. Section 17.16.120A requixes that every lot in the RAS-1 zone
shall have a side setback not less than 20 feet from the side property line. A
Variance is requested to retain an existing wood shed in the side setback. With
respect to this request for Variance,the Planning Commission finds as fo�lows:
A. The�e are exceptional circumstances and conditions because the
property was previously developed with a retaining wall in the front yard
setback and the residence was pushed close to the front yard setback with a sfeep
slope on the o�ier side of the front o� the lot. The addition will bring the
residence more in line and more compatible with other residences in the vicinity
with the additional square foo�age. While the lof is larger, the majority of it is
sloped and unbuildable. By �ztilizing a portian of the Iot for the addition that is
already graded and flat, it allows for Iess averall disturbance of the Iot. The front
encroachment is very minor and is not visible from the s�treet or other residence.
The 7.OQ square foot existing shed that encroaches in the side setback zs small and
unobtrusive.
B. The Variance xs necessary for the preservation and enjoymenf of a
substanfial propex ty right possessed by other properties in the same vicinity and
zone, but which is derued to the property in question. Strict application of the
Zoning Ordinance would deprive the property owner of the rights and benefits
enJoyed by similarly situated properties in the same zone, including the ability to
enjoy a sunilar sized home due to physical constraints of the lot. The
encroachment permits the use of the lot to the extent allowed for other properties
in the vicinity. The front and side encroachments are very minor.
C. The granting of the Variance would not be rnaterially deirimenfal
to the public we�fare or injurious to the properties or improvements in such
vicinity and zone in which the property is located. Development in the front
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46 EastField Drive
setbacks is minimal. The area of addition would not impai� views. The
disturbance is not proposed to increase bu� is already above the maximum
allowance. The structural Iot coverage and the total impervious lot coverage axe
within the requirements of the City.
D. In granting of the Variance the spirit and intent of the Zoning
Ordinance will be observed in fhat the proposed addi�ion will be orderly,
attractive, attached to the residence, and will not affect the rural character of the
community. The proposed addition wi11 not encroach irito potentially future
equestrian uses on the property. A suitable stable and corral area exists on the
site.
E. The Variance request is consisfenf with the Gen�x�al Plan of the City
of Rolling Hills because the proposed structures comply with the Gen�ral Plan
requirement of low profile, low-density residential developmenf with sufficient
open space between suxrounding st:ructures. Whi1e the �otal dist�rbed ma�cimum
is exceeded by a minor amount, it is Iegal non-conforming, and the structural lot
coverage and the total impervious lot coverage are within the requirements of
the City.
Section 7. Based upon the foregoing find:�ngs in Sections 5 and 6, the Planning
Commission hereby appraves the Site Plan Review, and Variance in Zoning Case
No. 898 to canstruct a 1,757 square foof addition fio the exis�ing residence for a
total of 4,OOQ square feet residence, grading of total of 70Q cubic yards of d�, to
encroach with S� square feet of the new addifion into the �ront yard setback and
to retain the 100 square foot shed in the side setback subject to the following
conditions:
A. The Site Plan and Variance approval shall expire within two years
from the effective date of approval if cons�ruction pursuant to this approval has
not commenced within that time period, as required by Sections 17.46.080 and
17.38.070(A) of the Rolling Hi11s Municipal Code, or the app�oval granted is
otherwise extended pursuant�to the requirements of those sections.
B. It is declared and made a condition af the approval, that if any
conditions thereof are violated, this approval shall be suspended and the
privi�eges granted thereundex shall Iapse; provided that the City has given the
applicant-s 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 carrect the violation within a period of thirty (30) days from the date of
the City's determination.
C. A1I requirernents of the Building and Construction Ordinance, the
Zoning 4rdinance, and of the zone in which the subject property is located must
be complied with unless otherwise set forth in the Perrnit, or shown otherwise on
an approved plan.
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D. The lot sha�I be developed and maintained in substantial
conformance with the site p1an on file dated March 9, 2016, except as otherwise
provided in these conditions.
E. �The working drawings submitted to the Department of Building
and Sa£et� for p1an check review must conform to the development pIan
app:raved 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 appraved plans, including conditions of approval, shall be available on the
bui�ding site at all times.
F. The licensed professional preparing conshvction plans for this
project for Build;ing Department review shall execute a Certificate aff�rmi„g that
the plans conform in aIl respects to this Resolution approving this project and
inc�uding conformance with aII of the conditions sef forth therein and the Cify's
Building Code and Zoning Ordinance.
Further, the person obtaining a buildi.ng permit for this project shall execute a
Certi#icate of Construction stating that the project will be constructed according
to this Resolution and any plans approved therewifh.
G. Nofwithstanding Sections Z7.46.020 and 17.46.070 of the Rol�ing
Hills Municipal Code, any modifications �o the property or this project,which
would constitute additional �ading, height or any si�ructural develaprnent
shall require the filing of a new applicatxon �or approval by the Planning
Commission.
H. Grading for this praject will en�au 1UU cubic yards cut, 100 ctzbic
yaards fill, plus over-excavation of 25Q cubic yards and recompaction of 250 cubic
yards, for a total of 700 cubic yards of dirt. The 100 c.y. of cut will be spread on
the existing stable pad area, and shall not be exported.
I, Struc�ural 1ot coverage shall not exceed 7,401 square £eet or 11.2°�
of the total. net Iot area of the Iot, excluding the allowed deductions. The total lot
coverage will be 13,418 squa:re feet or 2Q.4% of the net 1ot area. The resident�al
building pad {o�tside of setbacks} will not be increased and will rernain at 9,950
square feet. The coverage on this pad is proposed at 60.4%, which includes all of
the structures on this pad. With �the allowed deductions the buildix�g pad
coverage witll be 5,206 square feet or 52.3%. This is an increase from 34.7% from
fihe existing condition
� J. The disturbed area of �he lat shall not exceed a total existing
distu.rbed area of 26,60Q square feet (40.4% of the net lot area}, which is not
propased to change.
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K. T'he future set-aside area for the stable and corral area of 1,000
square feet, shall be retained on the property at all times.
L. A minimu�n of four�foot Ieve� path and/or walkway, which does
not have to be paved, shall be provided around the entire �e�imeter of the
residence.
M. In conjunction with an application for a building perniit for this
project, the applicant shall submit an application for a roof perrnit for the non-
permitted roof on the pool house. A final inspectzon for �lie pool house roof by
the Building inspector musf be granted prior to or in concurrence with a final
inspection of this proJect.
N. A drainage plan, as required by the Building Department shall be
prepared and approved by City Staff prior to issuance of a construction permit.
Such plan shall be subject to LA County Code requirements.
O. The setback iines in the vicinity of the consfruction for this project
shall remain staked throughout the construction.
P. During construction, conformance with the air quality managexnent
district requirements, stormwater pollution prevent�on practices, county and
local ordinances and engineering practices so that people or property are not
exposed to undue vehicle t�ips, noise, dust, and objecHonable odors shall be
required.
Q. During and after construction, all parking shall take p�ace on the
project site and, if necessary, any overflow parking shall fake place within nearby
unimproved roadway easements, but not to obstruc� neighboring driveways.
During construction, to maximum extend feasible, employees of tlie contractor
shall car-pool into the City.
R. During construction, the property owners shall be required to
scheduie and regulate construction and related traffic noise throughout the day
between the hours of 7 AM and 6 PM, Monday through Saturday on1y, when
construction and mechanical equipment noise is permitted, so as not to interfere
with the quiet residential environment of�he City of Rolling Hills.
S. The property owners �hall be required to conform with �.ie
Regional Water Quaiity Control Board and County Public Works Bepartment
Sest Management Practices (BMP's) requirements rela�ed to solid waste,
drainage and storm wa�er management and comply wi�h the City's Low Impact
development Ordinance {LID), it applicable. Further the property owners shall
be required to conform to the Counfy Health Department requirements for a
septic system, should changes to the existing system be required.
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T. A nvnimum of 50% of the construction material spoils shall be
recycled and diverted. The hauler shall provide the appropriate documentation
to the City.
U. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA}. Perimeter easements and trails, if any, shall
remain free and clear of any improvemen�s including, but not be limited to
fences-including construction fences, any hardscape, driveways, landscaping,
irrigation and drainage devices, except as otherwise approved by the RHCA.
V. The contractor shall not use tools that could produce a spark,
including far clearing and grubbing, du�ing xed flag warning conditions.
Weather conditions can be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_def initio
ns#FIRE. It is the sole responsibility of the property owner and/or his/her
contractor to monito�r the red flag warning conditions. Should a red flag warning
be declared and if work is to be conducted on the property, the contractor sha1l
have readily available fire distinguisher.
W. A11 requirements of the Building and Construc�ion Code, the
Zoning Code, and of the zone in which the subject property is located must be
complied with, including the Outdoor Ligh�ng Ordinance. All utility lines to the
residence shall be undergrounded pursuant to Section 17.27.030.
X. Prior to finaling of the p�rojecf an "as graded" and an "as built"
plans and certifications shall be provided to the Planning Department and the
Building Department to ascertain that the completed project is in compliance
with the approved plans. In addi�ion, any modifications made to the project
during construction, shall be depicted on the "as built/as graded" plan.
Y. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals sha11 not be effective. Such affidavit
shall be recorded together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 19 AY L 2016.
�
CHELF, RM
ATTEST: •
�����
HEIDI LUCE, CITY CLERK
Reso.207.6-09 7
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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.Q70 of the Rolling Hills Municipal Code and Code of Civi1
Procedure Section 1094.6.
STATE 4F CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY 4F ROLLING HILLS )
i c�rtify that the foregoing Resolution No. 2016-09 entitled:
A RESOLUTION OF THE i'LANNIl�TG COMNiISSION �F THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW TO CONSTRUCT AN ADDITION AND GRADING;
AND VARIANCES TO ENCROACH INTO THE FRONT YARD
SETBACK WITH A SMALL PORTION �F THE ADDITION, TO
EXCEED THE MAXIMUM PERMI'TT'ED DISTURBED AREA OF
THE L�T, AND TO 12ETAIN A SHED IN THE SIDE SETBACK IN
ZONING CASE NO. 89$ AT 46 EASTFIELD, {LOT 97�EF) (MILLER).
was approved and adopted at a regular meeting of fihe Planning Commission on
Apri119, 2016 by fihe following roll call vote:
AYE�: Commissioners Cardenas,Kirkpatrick,Smith and Chairman Chelf.
NOES: None.
ABSENT: Commi.ssioner Gray.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
ti
����
HEIDI LUCE
CITY CLERK
Reso.2016-09 $
46 Eastfield Drive