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2016-18 RESOLUTION NO. 2016-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLZNG HILLS GRANTING APP120VAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW STNGLE FANIILY RESIDENCE, GARAGE AND A BASEMENT, SWIMMING POOL, VARI4US OUTDOOR AMENITIES AND VARIOUS RETAINYNG WALLS, A NEW DRIVEWAY AND GRADZNG; REQUEST FOR VARIANCES TO ENCROACH WITH THE RESIDENCE, BASEMENT, LIGHT WELLS A1�TD SEVERAL WALLS INTO SETBACKS, �F WHICH S4ME DO NOT AVERAGE OUT TO 2.�' IN HEIGHT, TO LOCATE THE POOL, POQL EQUIPMNENT AND FUTURE STABLE AND CORRAL IN FRONT YARD AREA, TO EXCEED THE MAXIMUM PERMITTED T�TAL LOT COVERAGE AND DISTURBED AREA, TO EXCEED THE MAXIMUM PERNIITT'ED COVERAGE OF FRONT SETBACK WITH THE DRIVEWAY AND T� EXPORT DIRT IN ZONING CASE NO. $95, AT 10 BOWIE ROAD, (LOT 4- CRA), ROLLING HILLS, CA (PANG JUI YIU). THE PLANNING COMMISSION OF THE CITY OF R4LLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Pang Jui Yiu with respect to real property located at 10 Bowie Road, Rolling Hills (Lot 4-CRA) requesfiing a szte plan review to construct a new 5,270 square foat single family residence, 844 square £oot garage, 550 square feet covered porches, 9$ square foot entryway, 6,000 square foot basement, 640 square foot swirnming pool and spa, outdoor kitchen, various retaining walls, ranging from 6" curb to 5' in height, with mostly 3' and 4` high walls, service yard, entryway, covered porches, outdoor kitchen, a new 400' long by 20' wide driveway and grading af 8,946 cubic yards o£ dixt, of which 8,360 cubic yaxds wi1l be exported. Variances are requested to encroach with the residence, basement, two light wells,service yard, several of the walls over 3' in height into the required setbacks, to locate a portion of �he swimming pool and pool equipment area, the set aside area for a stable and portion of the corral in frant yard and a portion of the corral within £�ront yard setback; to exceed the maxunum pernv.tted total lot coverage and disturbed area of the net lot; ta construct walls that do not average out to 2.5' in height, to exceed the maximum permitted coverage with a driveway of the front setback {21.2%) and to export dixt off site. Sec�ion 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meeting on December 15, 2015 and at the request of the applicants the case was continued £ox several months to May 17, 2Q16, a� which fime the Planning Commission visited the site to view the silhouette of the project and held a meeting in �the evening on May 17. At the May 17, 2Q16 meetings, the Planning Comnlission and the neighbors expressed concerns with the project and the applicant revised the project to address their concerns and a revised proJect was reviewed at a public hearing held on June 21, 2016. Neighboxs within 1,Q00-foot radius were notified of the public hearings and notices were pub�ished in the Peninsula News on May 5, 2016, June 9, 2Q16 and July 7, 2016, The applicant and his agents were notified of the public hearings in writing by £irst class mail and the applicant's agents were in attendance at the hearings. Evidence was heard and presented from 10 Bowie Rd. � all persons interested in affecting said proposal, and frorn mernbers of the City staff. Once the project was revised, there were no abjections to the project. T`he Planning Comrnission have reviewed, analyzed and studied said proposal. Section 3. The property is zoned RAS-1 and the lot area excluding the roadway easement is 1.6 acres. For development pu�rposes the net lot area of the lot is 59,37b square feet or 1.36 acres. The existing 3,506 square foot ho�xse and 703 square feet detached garage and a gazebo will be demolished. The existing house encroaches �,110 square feet and up to 28' into the rear yard. There are some existing retaining walls thaf will remaiil including a 7-foof tall wa11 thaf i.s within the rear yard setback and which has nonconforxning status. That wall will not be altered or extended but will be maintained at the existing height. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the Caiifornia Environmenfal Quality Act. Section 5. Section 17.46.030 requires a developmenf pIan to be submitted for Site P1an Review and approval before any grad'zng requiring a grading permit or any new bui�ding or structure may be constructed or any expansion, addition, altera�ion or repair to existing buildings rnay be made which involve changes to grading or an increase ta the size of the building or structure by 999 square feet or more in any thirty-six (3b} manth period. With respect to the Site PIan for gradin� the new residence, garages, porches, swimming pool/spa, retaining wa1ls, driveway and other miscellaneous structures, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surraunding uses because the proposed structures comply wi�h the General Plan requirement of low profile, Iow-densit�r resid�ntial development with sufficient open space betvveen surrounding structures and maintaining sufficient setbacks to provide buffers between residential uses. The project is situated on a large, but topographzcally is constraint; however the development would not cause the lot to be overdeveloped. The existi�g residence encroaches into the rear setback. The proposed project would encroach less than the existing residence. The proposed project is situated away from the xoad so as �o reduce the visual impact of the development. The project conforms with Zoning Code structural caverage requirements, however due to the Fire Department requirement for a new driveway, the total 1ot coverage {hardscape and structuxes) exceeds the maximum permitted. The net Iot area of the Zot is 59,376 square feet. The structural net lot coverage is proposed at 13.5%, which includes all of the structures, with allowance for permitted deductions, (20% max. permitted); anci the total 1ot coverage proposed, including the future stable would be 37.6%, {35°� max. permitted). The 1ot was mostly disturbed when it was developed and when Bowie Road was created and is currently over 91% disturbed. The disturbed area of the lot is proposed to increase by 2.5% for a total af 94%. B. The project substaxttially preserves the natu�al and undeveloped state of the Iot by rn.inimizing building coverage. The topography and the configuration of tihe lot, have been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures, because the proposed 10 Bowie Rd. 2 px�oject will be constructed largely on an e�cistzng building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with txees and shrubs, is of sufficient distance frorn riearby residences so that it will not impact fhe view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The lot wi�l no� be built up or raised to accommodate the developmen�, but will utilize to the maximum extent practicable the existirtg topography. The grading for the driveway will follow the topography. C. The p�oposed development, as condxtioned, is harmonious in scale and mass wi�h the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. Significant portions of the Iot will be left undeveloped. The project will be screened from the road and all neighbors. D. The development plan will introduce additional landscaping, which is cornpatible with and enhances the rural character of the cornmunity, and the Iandscaping will provide a buffer or transition area between privafe and public areas. E. The proposed development i.s sensitive and not detrimental to the convenience and safety of circulafion for pedestrians and vehicles because the project will capture all resident and visitor parking on-site with guest parking spaces on the £ire turn around area and in the garage. The applicants will continue to utilize the existing driveway approach to the residence, but widen it by 6' and construct a new driveway along the front of the parcel. F. The project conforms to the requirements of the Califomia Environmental Quality Act (CEQA) and is exempt pursuant to Section 1�303 of the CEQA Guidelines. Section 6. Sections 17.38.010 through 17.38A�0 0£ the Rolling Hills Municipal Code permit approval o� a Variance granting relief from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circuntistances applicable to the property prevent the owner from making use of a parcel of properfy �o the same extent enjoyed by sirnilar properties in the same vzcutity or zone. The foliowing Variances from the RHMC are required: Sec�ions 17.16.190F - the project exceeds the allowed maxunum pexmitted average of walls heigh�of 2.5-feef, and walls in setbacks Section 17.16.070 - the maximum permitted disturbance of�he lat will exceed 4Q% and w�ll be at 94%, whereas the existing disfixrbance is at 91.�%; and the total lot coverage wilI exceed the maximum permitted covexage of 35% and will be 37.b% Section17.12.19Q Setbacks; portion of�he :residence and basement, iight wells, walls, trash area, entry porch and portion of the future eorral wi11 be located in setbacks Section 17.7.6.150, the new driveway will cover more than 2Q% of �he front setback, (21.2% of front setback) Section 17.12.25Q Yards;the pool, pool equipment fiiture stable and corral will be Iocated in the front yard area of the�ot Section 15.04.150 Balanced Cut and Fill Ratio; 8,2b0 cubic yards of dirt will be exported, of which 4,403 c.y is allowed to be exported, the remainder requires a variance. 10 Bowie Rd. 3 Wifh respecf to the aforementioned requests for Variances, the Planning Commission finds as follaws: A. There are exceptional circumstances and conditions on the subject property as follows: Regarding requested variance relating to the height and encroachment into the sefibacks with the proposed retaining walls, some of which do nof average out to 2.5' in height the lox�gest retaining walls in the front are necessary for the construction of the driveway. The configuration of the Iot is such that the existing driveway does not meet the Fire Depa�rtrnent requirements and a new driveway rnust be built. The topography of the lot in the area along the front is steep and in order to avoid additional grading the walls are necessary. The retaining wall in the rear is necessary so that the building pad could be kept at its existing elevation and no� be raised, but yet a11ow a larger than existing house to be built on the lot. The sloping condition at the rear of the lot in this area makes a retaining wa�I necessary to protect the proposed residence. There already exists a retaining wall that supporfs the rear slope and the new wall will aid in this respect. AI of the refaining walls will match the sloped topogxaphy,will blend in with the natu�ral slope and will not be seen frorri the sixeet. Regarding the requested variances from Section 17.1b.070, relating to maximum structural coverage Iimi.ts and disturbance of the lot: the property is uniquely constrained by the steep topography both at the front and the rear of the building pad. The Iot coverage is relatively small compared to the amount of coverage that is associated wi�h the improvements, speci£ically the proposed driveway, which is necessary to meet the Fire Code standards. The proposed additional distu�rbance to provide a slightly larger building pad and to exceed the maximum permitted total lot coverage is mostly due to the requirement for the driveway and is minimal and will result in better vehicle access. The lot has been previously graded and dist�rbed to over 91%, when the road (Bowie Rd.) and tlie equestrian trail Iocated along the westerly property line were graded out and const�ructed. To the maximum extent practicable the proposed development works within and follows the existing conditions on the lot. Regarding the reques�ed variances from Sections 17.12.190 encroachment into setbacks; 17.16.150 coverage with driveway; and 17.12,250 Front ya:rds; the encroachments is minimal given the configuration and �opography of the lot. 4ver 1,100 square feet o£ the existing:residence encroaches up to 28` into the rear setback and the new reszdence will lessen this condition where 1,Qb4 square £eet of the residence will encroach up to 1$.�' into the rear setback. Due to the configuration and topography of the lot, without more grading of �he hillsides, there is no other area to place a pool, future a:rea �ox stabYe and corral and the driveway, than the front of the residence or in setbacks. The steepness and configuration of the Iot makes it impossib�e to xneet the code requirement and provide for a reasonable size house on the Iof. In genera�, the existing residence encroaehes into the rear yard setback and the requested encroachment is less than the e�cisting. The topography of the lot, specifically the steep slopes, paired with the applicants' desire to �ninimize grading by utilizing the existing residential pad, create difficulty in�remaining outside of the setbacks. 10 Bowie Rd. 4 Regarding the requested variance from Sec�ion 15.(}4.150 Balanced Cut and F�11 Ratio where 8,360 cubic yards of dxrt will be exported, 4,303 cubic yards of dirt will be generated from the excavation of the basement and swimrning poo1,which is allowed to be exported. The addxtiona14,057 cubic yards, which is to be exported, is necessary in order to no� to raise the bu�ding pad. To keep the dirt on site would rnean raising the building pad and/or the steepness of the slopes, which in turn would require a variance far slopes of over 2:1 grade. Due to the already steep slopes surrounding the building pad and the neighbors' desire to not to raise the pad, it is necessary to export the dirt. B. The variances are necessary fo�r the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and zane but which is derued to the property in question by strict applica�ion of the code. The property right which otherwise would not be enjoyed is the ability to utilize a portion of the front yard and se�backs for superior access and entry/exit than currently exists and which meets the Fire Code, as well as nat to subsfantially change to exiting topography and configuration of the lot. C. The granting ot the Variances would no� be materially detrimenfal to the public we�fare or injurious to the properties or improvements in such vicinity and zon� in which the property is Iocated in that the proposed reconfiigured driveway access increases safety to the property. Addxtionally, the improvements to the property will nat be easily viewed fram adjacent properties, and �he street and visual impacfis are xninor. To the maximum extent practicable the proposed developmenf warks within and follows the existing conditions on �ie Iot and therefore will not be materially or otherwise detrimental to the public. The projecf would not affect any neighbor s views and therefore would not affect property values, and would be screex�ed from the street. D. In granting of the Va�iances the spirit and intent of the Zoning Ordinance will be observed in that the proposed driveway, retaining walls, and the new residential construction will be orderly, atfractive, and while it encroaches into the rear setback, it will be buffered and mediated with landscaping and a wall to ensure it will not affect the r�ral character of the community. The subject property retains a suitable stable and corral set-aside area and the development will not impact use of the set aside for stable and corral. E. The Variances request are consisfent with the General Plan of the City o£Rolling Hills because the proposed structures comply with the Genera� Plan requirement of low pro£ile, low-density residential development with sufficient open space between surrounding structures. F. The proposed development is sensztive and not detrimental to the convenience and safety of circulation fox pedestrians and vehicles because the proposed development will utilize the existing driveway approach, however, the new driveway will comply with the Fire Code requirements and will be Iong and wide to accommodate emergency vehicles and where no cars would need to be parked in the roadway easements. 10 Bowie Rd. 5 G. The Variances are consistent with the portions of the Counfy of Los Angeles Hazardous Waster Management Plan relating to siting and siting criteria far hazardous waste facilities. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 895 a Site Plan Review for grading, for a new residence with a basement and garage, new pool/spa, covered porch, new driveway, site retaining walls that exceed 3 feet in height; and Variances to encroach with a portion of the residence, basement, retaining walls and light we11s into setbacks and with pool, spa and future stable/corral into the front yard area; to exceed the maximum permitted dishzrbance and total lot coverage, to exceed coverage of fhe front setback with a driveway, to exceed 2.�' high walls on the ave�age and to export di.rt subject to the following conditions: A. The Site Plan and Variances approvals shall expire within two years fro�n the effective date of approval as defined in Sections 17.46.0$0 and 17.38,070, unless otherwise extended pursuant to the requirements of this section. B. Zt is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a heax�ng has been provided, and if requested,has been held, and thereafter the applicant fails to cor�rect the violation within a period of thirty (30} days fram the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, fihe Zoning Ordinance, and of the zone zn which the subject prope:rty is iocated must be complied with unf.ess otherwise set forth i.n this permit, or shown otherwxse on an approved plan. D. The Iot shall be developed and maintained in substantial conformance with the site plan on file dated July Z3, 2016 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. A11 conditions of the Site Plan Review and Variance approvals shall be incorporated into the building permit woxking drawings and where applicable complied with prior to issuance of a grading or building permit from �the building depariment. T'he conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at a�1�imes. E. Prior to submittal of fina� working drawings fo the Building and Safety Depart�nent for issuance of building pexmits, the plans for the project shall be submitted to City staff for verifzcation thaf fhe final plans are in compliance with the plans approved by the Planning Comi.nission. F. A licensed professional preparing construction plans for this project for Building Deparhnent review shall execute a Certificate affirxning that the plans conform in all respects 10 Bowie Rd. � to this Resolution approving this project and alI o£ the canditions set fo:rth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/or grading pernlit for this project shall execute a Certificate of Construction stating that the project will be constructed according �o this Resolution and any plans approved therewith. G. Structural Iot coverage of the lot shall not exceed 8,11b square£eet or 13.5% of the net lot area, (with allowed deductions) in conformance with Iot coverage limitations (20% maxunum}. The total lot coverage proposed, including structures and flatwark sha11 not exceed 22,466 square feet or 37.6% af the net Iof ar�a, which includes the driveway. H. Grading for this project shall consist of 8,946 cubic yards of cut and 293 cubic yards of fill with 8.360 cubic yards to be exported. The disturbed area o£ the lot, including the future stable and corral area shall not exceed 94%. F. The residential building pad shall be 14,708 square £eet and wfll have coverage of 48.5%. J. 1,060 square feet of the new residence and at the basement may encroach up to �8.5' into the rear setback. K. The applicant shall comply with all requirements of tlie Lighting ardinance of the City of Rolling Hills (RHMC 17.16.19Q E), pertaining to Iighting on said property, roofing and maferia�requirements of properties in the Very High Fire Hazard Severity Zone. L. All utiIity lines to the development shall be placed underg�ound, subject to all applicable standards and requirements. M. A drainage plan, as required by the Buxlding Departmen� shall be prepared and approved by City Staff prior to issuance of a construc�ion pexmit. Such plan sha1l be subject to LA County Code requirements. N. All graded slopes shall be Iandscaped. Prior to obtairung a building permit, a landscaping plan sha1.1 be submitted to the City in conformance with Fire Department Fuel Modification requirements and for graded slopes. Prior to finaling the project, trees and shrubs shali be planted �o screen the pr�ject from the neighbors. Any shrubs and trees sha11 not foxm a hedge like screen but be offset arid they shall be o#' a height, which shall not at any time grow into residents' view. The landscaping p1an sha11 utilize to the maximum ex�ent feasible, plants tha�are native to the area and are consistent with the rural character of the community. If Iandscaping of 5,a00 square foot area or greater is int�roduced or redevelop, the landscaping shall be subject to the requirements of the City's Water E£ficient Landscape Ordina�.zce. 10 Bowie Rd. '7 O. The povl and pool equipment area shall be screened with landscaping. Per LA County Building Code, pool barrier/fencing shall be required. The swimming pool and the spillway shall utilize the most quiet and technologically advanced equip�nent to dampen the sound. P. The west and south side setback lines in the vicinity of the construction for �his project shall remain staked throughout the construction. A construction fence may be required. Q. The project must be revzewed and approved by the Rolling Hills Community Associa�ion (RHCA) Architectural Review Committee prior to the issuance of building permit. Perimeter easements and trails, if any, shall remain free and clear of any improvements includin� but not be limited to fences-including construction f ences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by RHCA. R. A rn�nirnum of 50% of any construction materials must be recycled or diver�ed from landfills. The hauler of the materials shall obtain City's Constru.c�ion and Demolifion permit for waste hauling prior to start of work, and provide the appropriate documenfafi.on to the City. S. During construction, the prope�rty owners sha11 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 Safu�day only, when construcfion and mechanical equipment noise is pernlitted, so as not to interfere with the q�iet residential environment of the City of Rolling Hills. T. The contYactor shall not use tools that cou�d produce a spax�k, xncluding for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: htt��._.va��.�hA�tc�_.__��_�� m���� ?�����������—��-��°�°�������������I��. It is the sole responsibility of the property owner and/or his/he:r contractor to monitar the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property,the con�,ractor sha11 have readily available fire distinguisher. U. During construc�ion, all paxking shall take place on the project site and, if necessary, any averflow parking shall take place withxn nearby �mproved roadway easement adjacent to subject s�te. There sha11 be no blocking of adjacent driveways or blocking of the trail. During constructzon a flagrnen shall be used to direct traffic when it is anticipated that a lane may be impedea. V. The property owners shall be required to conform with the Aegionai Water Quaiity Control Board and Caunty Public Works Department Best Management Practices (BMP's} requi�rements related to solid waste, drainage and storm water manager�ient and comply with the Cify's Low Impact developrnent Ordinance (LID). Further the property owners sha11 be required to conform to the County Health Department requirements for a septic system. 10 Bowie Rd. g X. Prior to finaling of the project an "as graded" and an "as constructed" plans and certifications shall be provided to the Planning Department and the Building Departmen� to ascertain tha�the completed project is in compliance with�.ie approved plans. In addition, any modifications made to the project during construction, shall be depicfed on the "as built/as graded" plan. Y. The applicant shall execute an Affidavit of Acceptance of all conditions of this perxnit pursuanf to Zoning Ordinance, or the approval shall not be e£fective. 'The affidavit shall be recorded together with the resolution. PASSED, A VE D DO E THIS 19TH DAY OF JULY 20�6. � B F, CHA AN ATTEST: HEIDI LUCE,CITY CLERK Any action challenging the final decision of the City made a.s a result af the public hearing on this application must be filed within the �ime limits set forth in Section 17.54.07Q af the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. 10 Bowie Rd. 9 STATE OF CALIFORNiA ) COUNTY OF LOS ANGELES ) §� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2036-18 entit�ed: A RESOLUTION �F THE PLANNIlVG COMMISSI�N OF THE CITY �F ROLLING HILLS GRAN'fING APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW STNGLE FAMILY RESIDENCE, GARAGE AND A SASEMENT, SWIMNIING POOL, VARIOUS OUTDOOR AMENTTIES AND VARIOUS RETAINfNG WALLS, A NEW DRIVEWAY AND GRADING; REQUEST FOR VARIANCES TO ENCROACH WITH THE RESIDENCE, BASEMENT, I,�GHT WELLS AND SEVERAL WALLS INTO SETBACKS, OF WHICH SOME DO NOT AVERAGE OUT TO 2.5' IN HEIGHT, TO LOCATE THE PO4L, POOL EQUIPMNENT AND FUTURE STABLE AND CORRAL IN FRONT YARD AREA, TO EXCEED THE MAXIMUM PERNIIT'fED TOTAL LOT COVERAGE AND DISTURBED AREA, TO EXCEED THE MAXIlVIUM PERMITTED COVERAGE OF FRONT SETBACK WITH THE DRTVEWAY AND TO EXPORT DIRT IN ZONING CASE NO. 895, AT 10 BOWIE ROAD, {LOT 4- CRA}, ROLLING HILLS, CA (PANG JUI YIL�. was approved and adopted at regulax meeting of the P�anning Commission on July 19, 2p�6 by the following roll call vote: AYES: Comrrtissioners Cardenaso Cxay,Kirkpatrick and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and ui compliance with the laws of California was posted at the following: Administrative Offices , * � HEIDI LUCE, CITY CLERK l.a Bawie Rd. 10