2016-25 AESOLUTION NO. 2016-25
A RESOLUTION 4F THE PLANI`ING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPRQVAL 4F VARIANCES AND SITE PLAN
REVIEW TO CONSTRUCT A CHICKEN COOP IN THE FRONT YARD, TO
EXCEED THE PREVIOUSLY APPROVED LOT DISTURBANCE AND TO
RELOCATE A POOL EQUIP'V�I�7T AREA NECESSITATING AN UP TQ �'
TALL ENCLOSURE WALL ON A PR�PERTY WITH A RESTRICTED
DEVELOPMENT CONDITION INIl'OSED THROUGH A PRTOR PROJECT, IN
ZONING CASE NO. 913, AT IO CREST ROAD W. (LOT 2-CH} ROLLING
HILLS, CA, (FRYKMAN).
THE PLANNING COMMISSION O� THE CITY �F ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by property owners Mr. and Mrs.
Karl Frykman with respect to real property located 10 Crest Road West (Lot 2�CH)
Rolling Hills, CA requesting a SPR {Site Plan Review) and two Variances. The Site Plan
Review request is to permit construction of a 100 square :faot uncovered pool
equipment enclosure consisting of a maxirnum 4-foot tall block wall and 2 access gates,
with incidental grading of a total of 10-cubic yards. The Variances requested seek
permission to: 1) construct a 72-square foot chicken coop tab�e in�he "front yard" (area
between the leading edge of the residence and fronf properfy line); and 2) increase the
amount of dzsturbed area of the lot from 64.b% to 6b.1% {40% maximum allowed) due
to gradi.ng for the proposed pool equipment enc�osure.
Section 2. The P1aruling Cammission conducted duly noticed public hea�ings
on November 15, incl�adin.g � fie1�1 trip, and on December 20, 2026 to cor,�ider tre
application. The applicants and neighbars within 1,000-foot radius of subject properfy
were notified of the public hearing in wri�ing by first class mail. Evidence was heard
and presented from aII persons interested in affecting sai.d proposal and from members
of the City staff, and the Planning Comm:ission reviewed, analyzed and studied said
proposal. At its November 1�+� public hearing meeting, the Planning Commzssion
expressed concern with the size, height of wa11 and location of the pool equiprnent
enclosure. The applicant subsequen�ly modified the application so that the enclosure
design is as follows: 1} enc�osure wall height of 4-£eet; 2) the gate opening width no
more than 10-feet in lengEh (5-fee�each door), with both doors attached to walls on both
sides; 3) total gate width no more than 50% of the total length of wall in which the gate
xs located; and, 4) the enclosure wall set back a minirn�m 1-foot fram the easement line,
in order to provide room be�nreen the easement and enclosure wa11 for Iandscaping,
sufficient to screen the appearance of the wall from the view o£ neighboring properties
to the west.
Reso. 2016-25 1
10 Crest Rd.West
Section 3. The properfy is developed with a 4,385 square foof residence, 750
square foot ga�age, 195 square foot attached trellis, 227 square foot detached trellis,
se�rvice yard and 32 square foot baarbecue (BBQ and detached trellis are non-permitted).
A portion of the existing residence encroaches into the reax se�back, appro�ed in 1993.
The site was approved in 2014 {Resolution PC 2014-21} for construction o� a pool and
spa in the rear setback and stable/cora� in the front yard af the Iot, The trellis and
barbeque are required ta be legalized.
Sect�on 4. The Planning Cornznission finds that the praject is categorically
exempt from environmental review under the California Environmenfal Quality Act
(CEQA} as a "Class 3" project in that it is new const�ruction of lamited sized structures,
in accordance with the CEQA Guidelines,Section 15303.
Section 5. Site Plan Review Findings - Pool Equipment Enclosure. The subject
property has a "restricted development" condition currently imposed in Resolution No.
2014-21, pursuant to Section 17.46.040.C.1. With respect to the Site Plan Review
application requesting construction of a pool equipment enclosure with incidental
grading, the Planning Coinmi.ssion makes the following findings of fact:
A. The approval herein of a Site Plan Review is consistent with the purposes
and objectives of the Zoning �rdinance and goals and policies of the General Plan
because the proposed paol equipment enclosure is consistent with simil.ar uses in the
community, meets a11 the applicable code developmenf standards and will be
adequately sized and designed to be effectively visually screened from view o£ the
adjoining property by Iandscaping and wzll be sufficien�ly separated £�rom nearby
st�ructures used for habita�ion. The structure will be Iocated approximately 7�.feet from
the rear property line and will be v;isually screened from Crest Road by a future stable
and the existing residence.
B. The subject lot is Z.13 acres in size and is sufficiently large to accomrnodate
the px�oposed structure while maintaining considerable amount of open space. The
project propases total lof coverage of 32.85%, which conforms to the Zoning Code�lot
coverage limit of 35% (of net lot area}.
C. The project i.s harmonious in scale and mass with the site, the natural
ferrain, and surrounding residences because the equipment enclos�.re, as designed and
in cornplying with code requirernents, wi�i blend with the low profile residen�ial
development pattern of the community and will not give the property an over-bui�f
�ook. The structure is proposed to be located in the rear of fhe lot and wi11 be Iow scale
(4-foot tall for poo� equipment enclosure and S-foot tall for chicken coop), thereby
reducing thei�r visibility.
D. The nature, condition, and development of adjacent structures have been
considered, and the project will not adversely affect or be materially detrimental to
adjacent uses, buildings, or structures because t12e proposed pool equipment enclosure
Reso. 2016-2� 2
10 Crest Rd.West
is oriented away from all but one of the adjoining properties. The visibility to the
property adJoining on the west will be lessened by the rnazntenance of vege�ation to be
planted between the side easement Iine and enclasure wall. Grading involving 10 cubic
yards for the pool equipment str�.cture is the maximum needed to construct the
structure and the structure will be recessed as much as possible into the existing slope
to allaw for more effective screening.
E. The development plan follows to the maxunum extent practicable, the
contowrs of the site to minirnize grading and retain the nahxral drainage courses. The
area being graded to accommadate fhe pool equipment enclosure wi11 be landscaped
and is minimal in size.
F. The proposed developrnent is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because there are no
changes to the existing d�iveway nor will there be any encxoachrnents on private
easements or trails.
Section b. Va�iances. Sections 17.38.0�0 through 17.38.050 of the Code pe�rmit
approval of a variance in order to granf relief from the standards and requirements of
the Zoning Ordinance when, due to exceptional or extraordina�y circurnstances
applicable to the subject property and not to other similar proper�ies in the same zone,
strict application of the Code would deny the pxoperty owner substantial property
rights enjoyed by other properties in the same vicinity and zone. With respect to the
variances requested to exceed the amount of �ot disturbance (66.1% requested; 40%
pernzitted) and to construct a chicken coop within the "front yard", the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and condifions
applicable to the subject property that do not apply generally to other property or class
of use in �he same zone in that, principally, the fact t�.iat the existing residence was
constructed largely towards the rear of the Iot, Ieaving �he majority of �he Iot to be
considered front yard. Being that a portion of �ie house is located in the �ear setback,
there is na location in the rear ya7rd for the coop to be placed fhat is 35-feet away from a
structure (as required of public health regula�ions} and outside of setbacks. This
constraint is also a factor in that additional disturbance is needed to locate both
structures in the areas available for development. In add'ztion, being that the applicant
has gained prior approval for the barn and corral in the frant yard (Reso. 2014-21), it is
also logical that the coop, which is actually farther from Crest Road than the p�eviously
approved barn, could be Iocated in the vicinity to the barn. Other than the coop location
and lot disturbance exceedance, the praJec�meets all codes.
B. The requested Variances for frant yard Ioca�ion and disturbance are
necessary £or the preservation and enjoyment of a substantial property right possessed
by other property �n the same vicinity and zone, but which is denied to the property in
question in that swimming paols and associated equipment and chicken coops are
Reso.2016-25 3
�0 Crest Rd.West
amenities common to, and charac�eristic of the Iarge estate sized properties thaf permit
animal keeping and private recreational uses complimentary to the single family RA-S-1
Residential zone.
C. The chicken coop and the pool equipment structuxes will not be injurious
to neighbors. The coop will be located between the stable and the residence and away
frorn C�rest Road, will not encroach into any setbacks and wi1l have a conforming
dxstance {minimum 35-feet) away from any residence. The pool equipment enclosure
will be lacated on the west side of the exisfing residence, but not within the side yard
setback. It will be recessed into the ground wzth fhe surrounding�nralls no higher than
4-feet, with access on the west side via two (2) five-foot wide gates attached to walls on
either side that ax�e also 5-feet in width, with a one-�oat minimum planter in front of its
west wall. The enclosure's location and design, particularly its low-sca�e height, and
bu££e�ring Iandscaping are expected to mitigate any potent�al visual or othex impacts to
neighbors.
D. The chicken coop and pool enclosure are compatible with the general plan
and zoning ordinance in that, other �than being in the front yard {coop) and causing a
minor increase in disturbance, will comply with all standards as an accessory
agricultural use, inciuding location, size, height, distance from residential sfructures
{min. 3� feet) and use, and both will be compa�ible with the city's Iand use goals for the
RA-5-1 zone.
E. The proposed accessory �xses are consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities in that the project site is not listed on the current State of
California Hazardous Waste and Substances 5ites List.
F. The variances d� not grant sgecial privilege� to the �pplieant. Ta the
contrary, absent a variance, the property owner would be deprived o£ the same rights
and privileges afforded to other property owners in the vicinity, especially due to the
unusual location of the existing residence close to �ie property's rear, as opposed to
front property Iine. This unique physical constraint makes it infeasible for the propex�y
owner to comply with Sections 17.16.07Q.B (disturbance limit) and 17.16.20Q (conditions
for accessary uses).
Section 7. Based upon the foregoing findings, fihe Plannuzg Cointnission
hereby approves Zoning Case No. 913, request for a Site Plan Review and Variances for
a 72 square foot chicken coop in the front yard, minor grading and a 1Q0 square foot
pool enclosure, with not to exceed 4' retaining walls, subject to the fol�owing conditions:
A. The Site Plan and Variances approvals shall expire within two years from
the effective date o£ approval as defined in Sectians 17.38.070 and 17.46.080, un�ess
o�ierwise extended pursuant to the requirements of�iese sections.
Reso. 2016-25 4
10 Crest Rd.West
B. If any condit�on of this resolution is violated, the en�itlement granted b�
this resolution shall be suspended and the privileges granted hereunder shall Iapse and
upon receipt of wrii-�en no�ice from the City, all construction work being performed on
the subject property shall irnmediately cease, ofher than work determined by the City
Manager or his/her designee required to cure the violation. The suspension and stop
wo�rk order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee`s determination that a violation exists or disputes how the
violation m�.st be cured, fhe Applicant may request a hearing before the Cify
Council. The hearing shall be scheduled at the next regular meeting of the Ci.ty Co�.ncil
for which the agenda has not yet been posted, the Applicant sha1l be provided written
nofice of the hearing. The stop work order shall remain in effect during the pendency
of the heaxing. The City Council shali make a determination as to whether a violataon
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by fhe time of the hearing, the Council will lift the
suspension and the stop work order. If the Council detexrnines that a violation ha.s
occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure �he violation; no construction work shall be performed on the property
until and unless the violation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violat�on is not cured by the deadline, the
Council may either extend the deadline at the Applicant's request or schedule a hearing
for the revocation of the enti�lements granted by this Resolution pursuanf to Chapter
17.58 of the Aolling HiIIs Municipal Code (RHMC).
C. All requirements of the Building and Constru.ction Ordinance, the Zoning
Ordinance, LA County Bu�lding Code and of the zone in wluch the subjecf property is
located must be complied with unless otherwise set forth in the Permit, or shown
otherwi.se on an approved plan.
D. The conditions of appxoval specified herein shall be printed on the
cor�truction plans submitted to the building departrnent for plan check and pexmittu.zg
and shall be available at aIl time at the construction site.
E. The lot sha�l be developed and maintained in subsfantial conformance
with the site plan on fi�e dated December S, 2016, except as otherwise provided in these
conditions. The working drawings submitted to the Department of Bui�ding and Safety
for plan check review shall conform to 'the approved development plan. AIl conditions
of the Site Plan Review and Variance approvals shall be incorporated into the building
permit working drawings and where applicable complzed with prio�r to issuance of a
building permit.
F. Prior to submittal of final working drawings to the Building and Safety
Departrnent for issuance of buzlding permits, the plans for the project sha�.I be
Reso.20T6-z� 5
10 Crest Rd.West
submitted to Ciiy sta�t for verification that the final p�ans are in compliance with th�
plans approved by fhe Planning Commission.
G. A �icensed professional preparing construction plans for thi.s project far
S�zilding Department review shall execute a Certificate affirrning that the plans conform
in a11 respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance. Fu�rther, the person
obtaining a building permit for this project shall execute a Certificate of Construction
stating that the proJect will be constructed according to this Resolution and any plans
approved therewifh.
H. Structural lot coverage of the lot shall nof exceed 7,66� square feet or
18.73% of the net lot area with allowabie deductions, in conformance with Iot coverage
limitations (2Q% maximurn). The size of the structures shall be measured from the
exte�ior surface of the outside walls.
I. The total lot coverage proposed, including structures and flafwork, shall
not exceed 13,441 square feet or 32.85%, of the net Iot area, in canformance with Iot
coverage limitations (35% max).
J. Grading for this project sha11 not exceed 10 cubic yards total {cut and fill}
the amount needed rt�inimally to site the proposed structures. The disturbance of the lot
sha1l not exceed 6b.1%.
K. A drainage p�an, if required by the Building Department shall be prepared
and approved by City Staff prior to issuance of a construction perxnit. Such plan sha11 be
subject to Cot�nty Code requirements.
L. The proposed pool equxpment enclosure shall be shie�ded on the tivest side
by landscaping but not be located in the RHCA easement, unless permitted by the
RHCA. A landscaping plan for the pool equipment area shall be submitted to the City
prior to construction. Any plants introduced for this project shall not gx�ow into a hedge
but be offset. The landscaping p1an shall utilize to �he maximum extent feasible, plants
that are native to the area and are consistent with the rural character o£the community.
M. Perimeter easements and trails, if any, including roadway easements shall
remain free and clear of any unprovements including, but not be limited to, driveways,
fences including construction fences, landscapin� irrigation and drainage devices,
except as otherwise approved by the Rolling Hills Cornmunity Association.
N. �0% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permi.t prior to start of work.
Reso. 2016-25 6
10 Crest Rd.West
O. Du:ring construc�ion, t12e prope�rty owners shal.l be requzx�ed to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when consi�ruEtion and
rnechanical equipment noise is permitted, so as not fo interfere with the quiet
residential environment of the City of Rolling Hi�Is.
P. During construction, aIl parking shall take place on the project site and, if
necessary, any overflaw parking shall take place within nearby unimproved roadway
easement adjacen�to subject site. There shall be no blocking of adjacent driveways or of
the roadway easement for passage of pedestrians and equestrians. During construction
a flagmen shall be present to direct traffic when it is anticipated that a lane may be
impeded. During construction, ta the maximum extent feasible, employees of the
contractor shall be encouraged to car-pool to and from�he City.
Q. The property owner shall at aIl times maintain the pool equxpmenf within
the proposed enclosure such that if does not create any undue noise disturbances or
visual impacfs to neighbors. Sound attenuating equipment shall be installed to damper�
the sound. The pool equipment shall utilize the most qui�t and technologically
advanced equipment to dampen the sound.
R. T'he propex�y owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best Management
Practices (BMP's) requirements related to salid waste, drainage and storm water
drainage faci�ities manageinenf and the Low Impact Development Qrdinance (LID}, if
applicable, of the City of Rolling Hills.
S. Notwithstanding Sec�ians 17.46.020 and I7.46.070 of the Rolling Hills
Municipa� Code, any rnodifications to the property or this project, which would
constitute additional grading or any structural development shall require the filing
of a new applicartion for approval by the Planning Commisaian, except as permitted
in Sec��on 17.46.O�OC.
T. The applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval sha11 not be effective.
PASSED, APPROVED AND ADOPTED TH 2Oth Y OF DECEMBER 201b.
�
CH F, RM
ATTEST: .
HEIDI LUCE, CITY CLERK
Reso.2016-25 7
10 Cresf Rd.West �
�
Any action challenging the fu1a1 decision of the City made as a res�lt of
the public hearing on this application must be filed within the time limi�s set
forth in Seciion 17.54.Q70 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1094.6.
STATE OF CALIFORIVIA )
COUNTY OF LOS ANGELES } �§
CITY OF ROLLIlVG HILLS)
I certify Ehat the foregoing Resolution No. 2016-25 entitled:
A RESQLUTTON OF THE PLANIVING COMMISSION OF THE CITY OF
ROLL,ING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT
A CHTCICEN COOP IN THE FRONT YARD AND T� INCREASE THE LOT
DISTURBANCE AND A STTE PLAN REVIEW TO CONSTRUCT A POOL
EQUIPMENT ENCL�SURE WITH MINOR GRADIlVG ON A PROPERTY WITH
A RESTIUCTED DEVELOPMENT CONDITTON, IN ZONING CASE NO. 913 AT
10 CREST ROAD WEST,LOT 2-CH, ROLLING HILLS, CA (FRYKMAN).
was approved and adopted at a regular meeting af the Planning Comxnission an
December 2Q, 2Q1b by the follawing roll call vote:
AYES: Commissioners Kirkpatrick,Seaburn and Chairman Che1f.
NOES: None.
ABSENT: Commissioners Cardenas and Gray.
ABSTAIN: None.
and in compliance with the laws of California was posted at�he following:
Administrative Offices.
� ��+
HEIDI LUCE, CITY CLERK
Reso.2016-25 $
10 Crest Rd.West