2017-06 RES�LUTION N0. 2Q17-06
A RESOLUTION OF THE PLANNING COMMISSI�N OF THE CITY O�
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AIVD
VARIANCE FOR A 1,000 SQUARE FOOT POOL/SPA, P�OL EQUIPMENT
EiVCLOSURE, AND TO LOCATE THE STRUCTURES IN THE FRONT YARD
OF THE LOT IlV ZONING CASE NO. 919 AT 7 MIDDLEIZIDG� LANE
SDUTH, (LOT 249-A-UR), (MCCARTHY/CHENG).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An applica�ion was duly filed by Mr. Benjamin Cheng with respect
to real property located at� Middleridge Lane �outh, (Lat 249-A-UR), Ralling Hills, CA
requesting a Site Plan Review for a 1,000 square foot pool and spa, and Variance to
locate the pool, spa and pool equipment enclosure in the front yard area, (pursuant to
City's Zoning Qrdinance, no structures are permitted in front of the leading edge of the
residence}. The poal equipment enclosure will bc fully enclosed with the opening facing
the interior of the property.
Section 2. The Planning Cominission conducted duly naticed public hearings
to consider �he application on March 21, 2017, and April 18, 2017 at regular Planning
Commission meetings, and in the field also on March 21, 2017. The applicants were
notified of the public hearings in writing by first class mai1. Evidence was heard and
presented fram all persons interested in affecting said propasal and from members of
the City staff and the Planning Commission having reviewed, analyzed and studied
said proposal. The applicants' representative was in attendance at the public hearings.
One neighbor reviewed the plans after the March 21, 2017 mee�ing. '�'he Planning
Comnlission revi�wed the previous proposed pool equipment area which was partially
enclosed an 2 sides and faced the neighboring propex�y. As a result of n�ise concerns,
the Planning Cornmissian added a special condition that the pool equipment area mus�
be fully enclosed with the opening facing the interior of the property with walls no
greafer than 5 feet in height.
Section 3. The property is zoned RAS-2 and the gross lot area is 3.48 acres
(excluding the roadway easemen�}. The net lot area i.s 3.4 acres or 14$,1Q4 square feet.
The existing property is currently developed with a 4,095 square foot residence
(including the approved addition} with a 489 square foot garage, and a 332 square £oot
stable. There i.s also an existing swimming pool on the property which will be partially
filled in with the remaining portion of existing poal excavation being used for the new
pooL The new proposed pool enables lap swimining.
Section 4. The praject is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelin�s.
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Section a. A Site Plan Review is requzx�ed subject to Section 17.46A20 of the
Zoning Ordinance, in that the proposed pool/spa is larger than 800 square feet (which
co�zld be approved administratively) and it includes pool equipment. With respect to
the S�te Plan Review appl'rcation for the pool/spa, and pool equipment area enclosure,
the Planning Commi.ssion makes the following findings of fact:
A. The proposed development is compliant with all requirements of the
Zonulg Ordinance except as approved herein a Variance, and is compatible with the
General Plan and surroundir�g uses because the proposed project i.s consistent with
goals and policies that require low profile, low-density resident-ial developmen� with
sufficient open space between surrounding structures. The pool/spa, and pool
equipmenf area enclost�re will be situated ta ensure they are not obtrusive to neighbors,
will be screened from view, and the poal equipment enclosure opex�ng is Iocated in an
area that will not create additional noise toward neighboring properties. There is a poo
and paol equipment area already in the general �ocation of the proposed development,
and the additional square footag.e of the new pool is minimal. To address City staff and
Planning Commissionex's concerns, the applicant reduced the size of the pool
equipment enclosure wall from six feet to five, fully enclosed the equipment, and
oriented the apening toward the interior of the property.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because the required grading has been carefully
consxdered, and the orientation and the location of the strucfures allows them to be
incorporated into the natural slape on the lot. The construction will not adversely affect
or be materially detriznental to the adjacent uses, buildings, or stru.ctures because the
propased improvements will be constructed on a portion of the Iot which is Ieast
intrusive to surrounding properties, will be screened and Iandscaped with vegetation
and is vf sufficient distance from nearby residences so that the propose�d project will not
impact the view or privacy of surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consi.stent with the scale of homes in the surrounding RAS-2 similarly zaned
neighborhood. The proposed project entails construction of a pool/spa, and accessory
structure for the purpose of enhanc�ng and facilitating outdoor Iiving on the site, a
common residential amenity enjoyed by property owners throughout the City.
D. The development plan generally follows natural contours of the site to the
maximum extent practicable to accomplish groomed and usable areas o£th� lot, sub�ect
to concurrent approval of Variance pursuant ta Section b of this resolution.
E. Natural drainage courses will not be affected by the project. The pro�ect
preserves and integrates into the site design existing topographic features by placing
the new pool/spa on a previously constructed pad where little to no grading will be
required. The Pool pad will be located on a previously disturbed area and the pool
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7 Middleridge Lane South 2
equipment enclosure does not require grading. There is no remaining vegetation in the
location of development due to previous grading and construction.
F. The proposed development is sensitive and not detrimental to the
convexuence and safety of circulation for pedestrians and vehicies because there is a
minimum of a five foot walkable area surrounding all structures to comply with Fixe
Department requirements.
Sec�ion 6. Sections 17.38A1Q through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief frorn fhe standards and
requixements of the Zoning Qrdinance when excep�ional or extraordinary
circumstances applicable to the property prevent the owxter from making use of a parcel
of praperty to the same extent enjoyed by simiiar properties in the same vicinity or
zone. In proposing to Iocate the pool, spa and pool equipment area enclosure in the
front yard area, a Variance is required to grant relief from the following Sections of the
Zoning Ordinance: 17.16.200.G.1. (no structures shall be located in the front yard). With
respect to the aforementioned request for a Variance,the Planning Commission finds as
follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding the requested variar�ce trom Section I7.16.ZUU.G.2. to locate the
proposed struchzres in fhe front yard area of the lot, the property was previously
develaped with a pool Iocated in the front yard area. A new pool and accessory
structure for the equipment are being proposed to allow dimensions for lap swimmi.ng.
Some of the newly proposed pool overlaps with the existing pool in the front yard area.
The �of is shaped in a manner where the techxucal front yard area is actually located
behind the existing�esidence.
B, The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property i.n question by strict application of the code.
The property right which otherwise would be enjoyed is the ability to utilize a portion
of their front yard with a poo� for lap swimming whzch currently cannot be enjoyed
due to the existing coxifiguration of the pool. The proposed location of the pool/spa
and corresponding pool equipmenf structure are the least visually intrusive to the
property and its neighboxs.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in stxch vicinity and zone
in which the property is located in that the proposed pool/spa and accessory structure
are all unobtrusive. Further, the majority of the proposed structures would not be
visible from the adjoining sireet or private properties and therefore are not expected to
result in any visual or privacy impacts.
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D. Ir� granting of �he V ariance the spirit and intent of the Zoning Qrdinance
will be observed in that the proposed pool/spa and equipment enclosure will be
orderly, attraciive, and will not affect the ru.ral character of the cornmunity. The subject
proposed structures are in the front of the property and will not iznpact the stable and
corral area and the proposed pool/spa will enhance the use o£ the existing structures
and previously approved residential addition.
E. 'The Variance �request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with fhe General Plan
requirement of Iow profile, Iow-density residential develapment with su£ficient open
space between surrounding structures. The property is located on an existing
residential pad where is unlikely that neighbors wi�I be able to see the proposed
s�ctures and the pool equipment area will be fully enclosed.
F. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and Variance in Zoning Case No. 919 for a new
pool/spa, and pooi equipment area enclosure and to locate the structures in the front
yard, subject to the£ollowing conditions:
A. The Site Plan, and Variance Perxnit approval shall expire within two years
from the effective date of approval if construction pursuant to this approval has nat
commenced within that �ime period, as required by Sections 17.46.080, and 17.38.070 of
the Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of those sections.
B. If any condition o€ this resolu�on is vialafed, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed on
the subject property shall immediately cease, other than work determined by the Ci�y
Manag�r or his/her designee required to cure the violation. The suspension and stop
work orde�r will be lifted once the Applicar�t cures the violation to the satisfaction of the
City Manager or his/her designee. In the event �hat the Applicant disputes the City
Manager ar his/her designee's determination that a violation exists or disputes how the
violation must be cured, the AppZicant may request a hearing before the City Counci�.
The hearing shall be scheduled at the next regular meeting of the City Cov.ncil for
which the agenda has not yet been posted, the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
of this Resolution has occurred. If the Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will Iift the
suspension and the stop work order. If the Council determines that a violation has
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occurred and has not yet been cured, the Council shall provide the Applicant with a
deadline to cure the violation; no construction work sha11 be pe�r£ormed on the property
until and unless the viol.ation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violation 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 pursuant to Chapter
17.�8 of the Rolling Hil�s Municipal Code {RHMC}.
C. All requirements of the Building and Construction Orduiazice, �lie Zoning
Qrdinance, and of the zone in which the sub�ect praperty is located must be complied
with unless otherwise set forth in the Permit, or shown otherwise on an approved plart.
The lot shall be developed and maintained in substantial conformance with the site plan
on file dated March 2$, 2017, except as otherwise provided in these conditions. The
working drawings submitted to the Departrnent of Building and Safety for plan check
review must conform to the development plan approved with this application. A copy
af the conditions af this 12eso1ution shall be printed on plans approved when a building
pexmit is issued and a copy of such appraved plans, including conditions of approval,
shall be available on the building site at a�l times.
The Iicensed professional preparing construction plans for this project for Building
Department review sha11 execute a Certificate affirming fhat the plan� conform in all
respects to this Resalution approving this project and including confoxmance with all of
the conditions set forth therein and the City's Building Code and Zoning Ordinance.
Further, the p�rson obtai.ning 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 therewith.
D. The �ata1 overall lot c�verage of the net 1ot area shall not exceed 23,C95
square feet or 15.6%.
E. The total structural coverage of the net lot shall not exceed 6,632 square
feet or 4.5%.
F. The disturbed area of the lot shall not exceed 26,605 square feet or 1$% {of
net lot area).
G. At any time there are horses on the propex�y, Best
Management Practices (BMPs) shall be applied for manure control, including but not be
limited to removal of the manure on a daily basis or provision of a receptacle wzth a
tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with
metal or other sound material and that is safeguarded aga.inst access by flies. The
contents of said receptacies shall be removed once a week. It is prohibited to dispose of
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manure or any animal waste into the Municipal Separate S�orm Sewer System (M54) or
into natural drai.nage cou:rse.
H. A minimum of five-foat level path and/or walkway, which does not have
ta be paved, shall be provided around the entire perixnet�r of the pool and decking.
I. The property shall be maintained free of dead trees and vegetation
j. The swimming paol shall no� exceed 1,QQ0 square feet. Per LA County
Building Code, a pool barrier and/or fencing shall be required for �he pool.
K. A drainage p1an, as required by the Building Depax°�ment 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.
L. The pool equipment area shall be �ully enclosed by a five foot wall with
the opening to the interior of the property, facing the property residence and and sha11
utilize the most quiet and technologically advanced equipment to dampen the sound.
M. During construction, conformance with the air quality rnanagement district
requirements, stormwater pollu�ion prevention practices, county and local ordinances
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, and objectionable odors shall be required.
N. Durir�g construction, a11 parking shall take place on the project site and, if
necessary, any overflow parking shall talce p�ace within the unimproved roadway
easernents on the southside of Hillside Lane adjacent to projecf site only, and shall not
obstruct neighboring driveways. L?urir�g construction, to the ma�cunum extent feasible,
employees of the contractor shall car-pool into the City.
4. During construction, the property owners shall be required to schedule and
regulate canstruction and related traffic noise throughout #he 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 wzth the quiet residential
environment of the City of Rolling Hills.
P. The pxoperty owners shall be rec�uired to conform with the Regional
Water Quality Control Board and County Public Warks Deparhnenf Best Management
Practices (BMP's) requirements related to solid waste, drainage and storm water
management and comply with the Cit�s Low Impact development Ordinance (LID), if
applicable.
Q. A minimum of b�% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the C�ty.
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R. All g�aded areas shall be Iandscaped. !n addition, the 5Wlrnrnrng pppl,
spa and pool equipment area shall be screened from the neighbors and a �andscaping
plan shall be submitted to �lie City for review and approval. If landscaping of 5,000
square foot area or greater is introduced or redeveloped, the Iandscaping shall be
subject to the requirements of the City's Water Efficient Landscape Ordinance. Any
plants introduced far this project shall not grow into a hedge but be offset and shall not
exceed the ridgeline of the recreatian room. The landscaping plan shall utilize to the
maacimurn exfent feasible, plants that are native to the area and are consisfent with the
rural character of the community.
S. The project must be reviewed and approved by the Rolling Hills
Cammunity Association (RHCA) Architectural Review Committee. Perimeter
easements and trails, if any, shall remain free and clear of any improvements including,
but not be limited to fences-including construction fences, any hardscape, driveways,
landscaping, irrigation and drainage devices, except as o�herwise approved by the
RHCA.
T. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, duxzng red flag warning conditions. Wea�ier conditions can
be faund af:
http�/www.wrh.noaa.gov/lox/main.php?suite=s afet,y&page=hazaa�d_de�initions#FIR
E. It is the sole responsibility of �he property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the confractor shall have readily available fire
distinguisher.
U. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is lccated must be cornplied with,
including the Outdoor Lighting Ordinance.
V. Priox to finaling of the project an "as graded" and an "as construct�d"
plans and certifications shall be provided to the Plaxining Department and the Building
Department to ascertain that the completed project is in compliance with the approved
plans. In addition, any modifications made to the project during consf�iction, sha11 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 shall not be effective. Such affidavit shall be recorded
togethex with the resolution.
PASSED, APPROVED AND ADOPTED THIS 18 AY IL 2017.
�RAD CH�F,C�iA�RN�N
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ATTEST: •
� ��1.�'�''
�
HEIDI LUCE, CTTY CLERK
Any action challenging the final decision of the C:ity made as a result of the public
hearing on this application mus� be filed within the time lirnits set forth in section
17.�4.Q70 of the Rolling Hills Municipal Code and Code o£ Civil Procedure Sec�ion
1094.6.
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STATE OF CALIFORIVIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolutian No. 2017-Q6 en�ided:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT'Y OF RQLLING
HILLS GRANTTNG APPROVAL OF A SITE PLAN REVIEW AND VARIANCE FOR A
1,000 SQUARE FOOT POOL/SPA, POOL EQUIPMENT ENCLQSURE, AND TO
LOCATE THE STRUCTURES IN THE FRONT YARD OF THE LOT IN ZON�ING CASE
NO. 919 AT 7 MTDDLERIDGE LANE SOUTH, (LOT 2�9-A-UR),
(MCCARTHY/CHENG).
was approved and adopted at a regular meeting of the Planning Commission on April
1S, 2017,by the following roll call vote:
AYES: Cammissioners Cardenas, Coo�ey, Kirkpatrick,Seaburn and
Chairman Chelf.
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
�._
HEIDI LUCE, CITY CLERK
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7 Middleridge i�ane Sauth 9