2016-14 RESOLUTION N�. 2016-14
A RESQLUTI�N OF 'THE PLANNING COMMISSION OF THE CITY QF
ROLLI�VTG HILLS GRANTING APPROVAL OF VARIANCES T�
C4NSTRLTCT A SWIMMING POOL AND ATTACHED TRELLIS
WH�CH WOULD ENCROACH INTO THE REAR YARD SETBACK AND
TO EXCEED THE MAXIMUM PERNIITTED TOTAL C�VERAGE OF
THE LOT IN ZONING CASE NO. 9Q� AT 71 CREST ROAD EAST, (LOT
69 E-1 MS),ROLLING HILLS, CA {BRAZY &LUCHINI}.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FII�TD, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. Brazy and Ms. Luchini
request a variance to locate a 375 square foot pool with infinity edge wa11s and a 28$
square foot atEached trellis entirely in the xea:r yard setback and to exceed tofal lot
coverage on the lot{maximum permitted is 35%).
Section 2. The Planning Commission conducted duly noticed public hearings
to conside�r fihe application on Apri1 19, 2Q16 field trip and an evening meeting on the
same day. The applicanfs were notified of the public hearings zn writing by first class
mail. Evidence was heard and presented from all person.s interested in affecting said
proposal and from members o£ �he City staff and the Planning Commission having
reviewed, analyzed and studied said proposal. The applicants' representative was in
attendance at the public hearings.
During the Apri1 19, 2016 field visit cancerns were expressed by neighbors regarding
construction vehicles parking in the common driveway leading to Crest Road East,
landscaping �o buffex the pool from the property at 73 Cres�Rd. Easf and stabi�xty of ihe
slope for the construction af a poal. 'Those concerns are addressed thxough the
conditions of approval.
Additional concern regarding a possible clogged drain out�ef on 71 Crest Rd. E, which
results in water overflowing onto 73 Crest Road driveway was also brought up. The
conditions of approval contains a condition addx�essing this concern.
Section 3. 'The property is zoned RAS-2 and the gross Iot area is 2.37 acres.
The net lot a�rea is 1.�4 acres or 67,431 square fee�. The lot is irregular zn shape at it starts
450 feet south of Crest Road East at a ve�y narrow point that then flares ouf into a
triangle. The property Iine then bends to the east where the building pad is located. The
property is constrained by two easements. There is a 25-foo� wide RHCA easement
along the entire western pxoperty line of the lot and a 30-£oot wide driveway easement
for access to 73 Crest Raad East that runs through the Iot. A separate driveway leads to
the reszdence for 71 Crest Road East.
Reso. 2016-14
71 Crest Road East 1
In February 2015 a 999 square foot addition and trellis was administratively
approved. With the 999 square foo� addition, the property will be developed with a
3,109 square foot residence, 42Q square �oot garage, attached to fhe main house by a 7Q
square faot breezeway, 375 square foot swimmi.ng paal, 20 square foot pool equipment
area, 5Z7 square fee� of attached trellises, 458 square feet detached trellis and other
rniscellaneous structures. A set aside area for a futures sfable and corra� has been
provided on site.
Section 4. The project is exernpt from the California Envixonmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
Section 5. Sections 17.38.010 through 7.7.38.0�0 of the Rolling Hills Municipal
Code pern�it approval of a Variance granting relief frorn the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances appiicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by sirnilar properties in the same vicinity or
zone. In proposing to encroach with 37� square feet infinity pool and 288 square foot
tre�lis Variances are required to grant relief from �ie following Sections of the Zoiung
Ordinance: 17.12.190 (setback definitions requiring that setbacks be free of structures}
and 17.16.07Q {maximum allowed lot coverage) in which case the proposed total Iot
coverage would exceed tlie allowed amounts with an increases from 34.8% to 35.7%
where 35% maximum is allowed. With respecf ta the aforementioned requesfs for
Variances, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding requested variance frorn Zoning Ordinance Section 17.1b.150 reiating
�o fhe encroachment of the strucfures in the rear yard setback, the �at configuration is
such tha� the residence was constructed very close to the rear setback line and it is
creating a constraint on where outdoor livable area adjacent to the residence can be
located. The proposed structures common to residences in Rolling Hills are a paol and
trellis, and this approval permits the applicants to enjoy the same amenities.
Regarding the requested variance from Section 17.16.070 for total Iot coverage as
the pxoject does not mee� the total lot coverage requirement of 35% and is p:roposed at
35.7%, with allowable deduc�ion. The proposed structures, including �he future stable
and corral minimally increase the lot coverage. The lot coverage exceedance is due to
the fact that the �ot is constrained due to being irregular in shape. The property line
star�ts 450 feet south of Crest Road East at a very narrow point that then flares out into
a triangle. The properfy Iine then bends to the east where the building pad is Iocated.
The property is constr�ained by two easements. Within the triangular portion of fhe �ot,
there is a 25-foot wide RHCA easement along the entire western property Izne of the 1ot
and a 30-foot wide driveway easement for access to the property below, 73 Crest Road
Reso. 2016-X4
71 Crest Road East 2
East�hat runs through the subject lot. A separate driveway leads to the residence for 71
Crest Road East. A 10-12 foot wide portion of the 30-foot roadway easement is
impervious and the driveway to the residence on subject site is also impervious,
adding to the total lo�coverage.
B. The variance is necessary for the presexvation and enjoyrnent af a
subsfantial property right pos�essed by ather property owners in the same vicinity and
zone but which is denied to the property in question by strict app�ication of the code.
The property �ight which otherwise would be enjoyed is the ability to utilize a portion
of their rear yard for a pool/spa and trellis to accornmodate outdoor recreational use,
which cannot be placed elsewhere on the lot. The proposed location of the project is the
Ieast visually intrusive to the property and 'zts neighbors and wi11 take advantage of the
view.
C. The granting of the Variance would no� be materzally detrimental to the
public welfare or injurious to the propex�ies or improvements in such vicinity and zone
in which the praperty is located in that the degree of deviation from the allowed
arnount and encraachment is relatively minor. Fur�lier, the proposed improvements
would not be visible from fhe adjoining street or private properties and therefore are
not expected to result in any vis�.al ar privacy impacts. The pool area wil� be screened
from the residence below with vegetation and trees.
D. In granting of the Variance the spirit and intent o£ the Zoning Ordinance
will be observed in that the proposed pool and trellis consiruction wi�l be orderly,
attractzve, and will not affecf the ruxal character of the community. The subject
proposed structures are in the rear af the property and wi11 not impact the proposed
future stable and carral area and wi11 nof impact the use of�he existing structures.
E. The Variance requesf is consiste�t with the General Plan of �he City of
Rolling Hills because the proposed structures comply with the Genexal PIan
requirement of low profile, Iow-density residential development with su£ficient open
space between surrounding structures. The property is located above the adjacent
property to rear and below the property to the front and due to the large size of the
properties and sloped conditions there is Iarge open space between any structures on
subject property and the adjacent properties.
F. The Variance is cansistent with the portions of the County o£Los Angeles
Hazardous Waste Manage�nent Plan relating to siting and siting criteria£or hazardous
waste facilities.
Section 6. Based upon the foregoing findings, the Plannu�g Comxnission
hereby approves the Variances in Zoning Case No. 900 for new 375 square foot
infinity swirnrning pool and 28$ square £oot trellis, both Iocated in the rear yard
setback and exceedance of the fotal lot coverage subject to the following conditions:
Reso. 2016-14
71 Crest Road East 3
A. The Varzances approval sha11 expire within two years from the effective
date of approval if canstruction pursuant to this approval has nat commenced within
that time period, as required by Section 17.38.070 0£ the Rolling Hills Municipal
Code, or the approval granfed is otherwise extended pu�rsuant to the requirernents of
this section.
B. It is deciared and made a condition of the approval, that if any
conditions thereof are violated, this approval shal.l be suspended and the privileges
granfed thereunder shall lapse; provided that the City has gi.ven the applicants
written notice ta cease such violation, the opportunity for a hearing has been
provided, and i£requested, has been held, and thereafter the ap��icant fails to correct
the viola�ion wi�lun a period of thirty (30) days frorn the date of the City's
determination.
C. All requirements ot the Building and Construction Ordinance, the
Zoning Ordinance, LA County Building Code and of the zone in which tlie subject
property is Iocated must be complied with unless otherwise set forth in the Permit, or
shown otllerwise on an approved plan.
The lot sha11 be developed and maintained in substan�ial conformance with the site
plan on file dated March 28, 2016, and a concept landscaping plan, with condifion fo
retain certain vegetation, and dated May �Q, 2016 except as otherwise provided in
these conditions.
The working drawings submitted to the Department of Building and Sa£ety for plan
check review must conform to the development plan approved with this application.
A copy of the cond'ztions of this Resolution sliall be printed on plans appraved when
a building permit i� issued and a copy of such approved plans, including condifions
of approval, shall be available on the building sife af all times.
D. Prior to obfaining a building permit a detailed landscaping plan shall
be subrnitted to the Planning Department. The slope between the proposed pool and
the pool equipment area and the property below sha11 be Iandscaped at all times to
provide privacy buffer between the properties. To maximum extent practicable, the
existing ixees and shrubs shall remain, or be replaced.
Should it be necessary to remove some vegetation for construction purpases, they
shall be replaced, including trees, with similar vegetation, which at planting time the
shrubs shall be a minimum of 15 gallon in size or Iarger, and all ground cover or
small bushes shall be no smal.ler than � gallon in size or equivalent. If t�rees are to be
replaced or new tree� planted,they shall be of the size af not less than in 24" box.
Reso. 2Q�6-14
71 Crest Road East 4
If landscaping of 5,000 square faot area ar greater is intraduced or
redeveloped, the landscaping shall be subject to the requirements of the City's Water
Efficienf Landscape Ordinance. Any plants int�rod�eed for this project shall not grow
into a hedge but be offset. The landscaping plan shall utilize to the maximum extent
feasible, plants that are native to the area and are consistent wi-th the rural character
of the community.
E. A drainage plan shall be prepared and submitted to the City's
Building Department for review and approval, and the project sl�all comply with their
requirements including correcting, if necessary, �ie existing drainage system to
preven� flooding of the driveway Ieading to 73 Crest Rd. E. property. The applican�.s,
at all times, shaIl maintain the drainage devices in good working condition and free of
debri.s and vegetation.
F. A Iicen.sed professional preparing construction plans for this project for
Building Departrnent review shall execute a Certificate affirming that the plax�
conforxn in all respects to this Resolution approving this project and including
conformance with all of the condi�ions sef 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 Consiruction stating that the project will be constructed according to this
Resolution and any plans approved therewi�li.
G. Grading for this project shall not exceed 70 cubic yards of excavation from
the swimrning pool and may be exported.
H. Structural lot coverage shall not exceed 5,685 square tee�, or 7.5% {with
allowable deductions). Total lot covcrage shall not exceed 35.7% or 24,040 square feet,
as approved by this Variance. Building Pad coverage on the 13,924 sq�are foot
residential pad sha11 not exceed 29.4%.
I. The disturbed area of the lot shall not exceed 69% (of net lot area), which
includes the fuhzre stabl� and corral area, and is existing. No further disturbance is
praposed.
J. The future set aside area for the stable and coxx�al area of rninimum of
1,000 square £eet, shall be retained on the property at all times.
K. A minimum of four-foot level path and/or walkway, which does not
have to be paved, shall be provided around the perimeter of the project.
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71 Crest Road East 5
L. The pool equipment arEa shall be enclased and screened with
landscaping. Per LA County Building Code, pool barrier/fencing shall be required for
the pool.
M. Consf�ruction fence may be required along the rear af the construt�on sife
to contain debris and noise away from the dowr�hill poreprty.
N. During construction, conformance with the air quality management
district requirements, starmwater pollutzon prevention practices, county and lacal
ordinances ar�d engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, and objec�ionable odars shall be required.
O. During and after construction, all parking shall take place on the project
site and there shall be no parking an the common driveway. During construction, to
maximum extend feasible, ernployees of the contractor shall car-pool into the City.
Prior to cons�ruction, photographs of the common driveway leading to 71 and
73 Crest Aoad East {before it separates into each proeprty) shall be subinitted to the
P�anning Department. Following construction, the cornmon driveway, if damaged,
shall be restored, at a minimum to its pre-construction condition.
P. During construction, the property owners sha11 be required ta schedule
and regulate construction and relafed traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Sat�urday only, when construction and
mechanical equipment noise is permitted, so as not to interfere wi�h the quiet
residential environment of fhe City of Rolling Haills.
Q. The property owners sha1l be required to conform with the Regional
Water Quality Control Board and County Public Works Departrment Best iVlanagement
Practices (BMP's} requirements related to solid waste, drainage and storm wa�er
managemenf.
R. A rn�n;r„um of 50% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
S. The project must be reviewed and approved by the Rolling Hi11s
Community Association (RHCA) Architectural Review Committee prior fa �he
issuance of building permit. Peruneter easements and trails, if any, shall remain free
and clear of any unprovements includxng, but not be limited to fences-including
construction fences, any hardscape, driveways, landscaping, irrigation and drainage
devices, except as o�ierwise approved by the RHCA.
T. The contractor sha�I not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions
Reso. 2016-14
71 Cxest Road East 6
can be found at:
htt��www.wrh.noaa�avllo,�l����,p���suite=safety&pa�=��rd a���i�itions#FIR�. If is t�le
sole responsibilify of the prope�rty owner and/or his/her contractor to monitor the red
flag warning conditions. Should a red flag warxung be declared and if woxk is to be
conducted on the property, the contractor sha11 have readily avai�able fire
distinguisher.
U. All requirements of the Building and Canstruction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Qrdinance.
V. Prior to finaling of the project an ``as graded" and an "as construc�ed"
plans and certifications shaIi be provided to the Planxiisig Department and the
Building Department to ascertain that the complefed proJect is in compliance wi�h the
approved plans. In addition, any modifications rnade to the project during
construction, shall be depicted on the "as built/as graded" plan.
W. 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
fogether with the resolution.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2016.
H F,C MAN
ATTES�:
�.�
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a resu�t of the
public hearing on this app2ication must be filed within the tiine Iirnits set forth in
section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1094.6.
Reso. 201b-14
71 Crest Road East 7
STATE OF CALIFORNIA }
COUNTY 4F LQS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 201b-14 entitled:
A RESOLUTION OF THE PLANNING COiVIMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPR4VAL OF VARIANCES TO CONSTRUCT
A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD
ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE
MAXIMUM PERMITTED TOTAL COVERAGE OF THE LOT IN ZONIlVG CASE
NO. 900 AT Tl CREST ROAD EAST, (LOT 69 E-1 MS}, R�LLING HILLS, CA
(BRAZY &LUCHIIVI}.
was approved and adopted a# a regular meeting of the Plar,ning Commission on
May 17, 20�6 by the following roll call vo�e:
AYES: Commissioners Cardenas and Sznith.
NOES: Vice Cha��ari Gray.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: Chairman Chef(recused).
and in compliance with the laws o€Califox�ia was posted at the following:
Adxninistrative Offices.
��
CITY CLERK
Reso. 201b-14
71 Crest Road East 8