2017-10 RESOLUTION NO. 207.7-1.D
A RESOLUTION OF THE PLANNING COMNIISSION aF THE CITY QF
ROLLING HILLS GRANTING APPROVAL O� VARIANCES TO RETAIN A
CHZCKEN COQP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE
SrDE SETBACK, RETAIN AIv7 AS-BUILT FIRE PIT, TO EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW
SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR
AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRNE {LOT 86-
A-EF} R�LLING HILLS, CA, {CLIi�1'TO�T).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HZLLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLQWS:
Sec�ion 1. An application was duly filed by property owners Kyle and
Jenni£er Clinton with respect to real property Iocated at 26 Eastfield Drive (Lot 8b-A-EF}
Rolling Hills, CA requesting Variance�. The Variances req�ested seek permission to: 1)
cor►struct a 474 square foot infinity pool and spa partially Iocated in the rear yard
sefback 2} legalize a 72-square foot as-built chicken coop located :in the rear yard
sefback, 3) legalize a 144 square foot as-bui�t shed in the side yard setback,4) Iegalize an
as-built fire pit in the rear yard setback, and 5) construc�t an 39 square foot patio and 29
square foot barbeque in the rear yard setback, 6} �receive a variance for keeping chickens
within 100 feet from the neighboring residence and within 25 fee� of the rear property
line, and 7) increase the ainount of disturbed area af the lot frorn 63.4% to 71.52% {40%
maximum allowed) due to grading for the proposed pool and outdoor amenities. All
grading for the project is for the construction of and access to the p�o1.
Sec�on 2. The Planning Commissian conducted d�Iy notic�d public hearings
on June 2Q, 207.7, including a field trip, and July 18, 2017, to consider the application.
The applicants and neighbors within 1,000-foo�radius of subject property were notified
of the public hearing in writing by first ciass mai1. Evidence was heard and presented
from all persons interested in affecting said praposal and frorn members of the City
staff, and the Planning Commzssion reviewed, analyzed and studied said proposal. Af
its june 20� public hearing meeting, the Plaiu�ing Commissi.on expressed concern with
the pool equipment enclosure. It was pointed out that the pool equipment area will be
fully enclosed with s�andard height walls and.noise attenuation equipmen� required to
controi the noise.
Section 3. The property is developed with a 3,146 square £oot residence, 504
square foot garage with existing permits for up to a 926 square foot garage, rear pa�io
space, and a circular driveway wz#h two driveway aprons.
Resolution No.2017-20 1
26 Eastfield Drive
Section 4. The Planning Con�ission finds �hat the project is categorically
exempt from environmental review under the California Environmental Quality Act
(CEQA) as a "Class 3" project in that it is new construction of Iimited sized sfructures,
in accordance with the CEQA Guideiines, Qass 3,Section 15303.
Section 5. Variances. Section�s �7.3$.010 thraugh 17.3$.0�0 of the Code
pe�°mit approval of a variance in order to grant �relief £rom the standards and
requirements af the Zoning Ordinance when, due to exceptional or extraordanary
circumstances applicable to the subject property and not to other simiiar properties in
the same zone, stricf application of the Code wou.�d deny the property owner
substantial property rights enjoyed by other properties in the same vicinity and zone.
With respect to the variances requested (as delineated in Section 1}, the Planning
Cornmission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the subject praperty that do not apply generally to othex property or class
of use in the same zone in that, principally, the fact that the p�operfy is a substandard
sized lot and the size is canside:red an existing nonconforming candition. This means
that the RAS-1 zone requires a minirnum of 1 net lot acre of Iand and the 0.6b acres of
developable land on the subject proper�ty falls extremely short of �this zoning s#andard.
This has impacted some of the coverages associated with the �ot. The applicant made
changes to �ie originally proposed project to help address fhe existing nonconforming
condition.
B. The requested Variances for st�rtxcfures located in setbacks and disturbance
are n�cessary for the preservation and en�oyment of a substantial property right
possessed by other property in th� same vicinity ar�d zone, but which is denied fo the
property in question in that swimming pools and associated equipment and chicken
coops and storage sheds are amenities common to, and characteris4:,ic of�he large estate
sized properties that peranit anunai keeping and private recreational uses
complimenfary to the single£amily RA-S-1 Residential zone.
C. The swim�.ning pool/spa and outdoor amenities requesfed by the
property owners will not be injuxious to neighbors. The chicken coop is an as-built
structure and has been in use for over one year. The neighbors have been aware of the
presence o£ the coop and have never cominunicated any problems wi�h. its location in
proximiiy to �heir residence. The pool equipment enclosure will be fully enclosed to
mitigate any passible noise. With the excepfion of the as-built shed, which matches the
design of the residence, none of the proposed amenities will be visible from the street.
There is also landscaping between neighboring properties to help screen backyard
elements and attenuate noise.
D. The variances that allow for the project do not violate the spirit and intent
of development in the area. All of the requested amenities are compatible with
Resolufion No.2Q17-10 �
26 Eastfield Dxive
residential and agricu�tux�al uses; storage, animal keeping, and recreationa7 activities
appropriafe for res�dential uses.
E. The propased accessoxy uses are consistent with the portions of �}.ie Los
Angeles County Hazardous Waste Management Plan relating to si�ing criteria for
hazardous waste :facilities in fhat the project site is not listed on the c�rrent State of
California Hazardous Waste and Substances Sites List.
F. The variances do not grant special pxivi�eges to the applicant. To the
contraxy, absent a variance, fhe property owner would be deprived of the sarne rights
and privileges affo:rded to other propexty owners in the vicuufy, especially due to the
unusually srnall size of the properfy. This unYque phys'rcal constraint makes it
infeasible for the property owner to comply with Sections 17.16.070.B (disturbance
limit) and 17.17.030 (developrr►ent standards).
Section 6. Based upon the foregoing findings, the Planning Cornmission hereby
approves Zoning Case No. 921, request for Variances for construction of a 474 square
foot infinify pool and spa, partially Iacated in the rear yard setback, ��ga�izing a 72-
square foot as-built chicken coap loeated in th.e rear yard se�back, legalizing a 144
square foot as-built shed in the side yard �etback, Iegalizing an as-built fire pYt in the
rear yard setback, and construction of an 39 square foot patio and 29 square foot
barbeque in the rear yard setback, along wi�h allowance for keeping chickens within 100
feet frorn the neighboxing residence and within 25 feet of �he rear property line, and
allowance to increase the amount of disturbed area of the lot from 63.4% to 71.52% (40%
maximuan allowed) due to grading for �he proposed pool and autdoor amenities.,
subject to-�lie�ollowing cond'ztion.s:
A.� The Variance approvals sl�all expire within two years from the effec�ive
date of approval �.s defined in Sections 17.38.070, unl.ss otherwise extended pu,rsuant fo
the reqta.iremen�ts of these sections.
B. �f any conditior� of this resolution is viola�ed, the enti�lement granted by
th�is resolution shall be suspended and the priv�leges granted hereunder shall lapse and
upon receipt of written notice from the City, alI construction work being pex£ormed an
the subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required to cure �lie violation. The suspension and stop
work order wi1l be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event �hat the Applicant disputes the City
Manager or his/her designee's determinati.on that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City
Counci�. The hearing shall be scheduled at the next regu.lar meeting of the City Council
for which the agenda has not yet been posted, the Applicant shall be provided writfen
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. T'he City Council shall make a determination as to whether a violation
Resolution No.2D17-10 3
26 EastfieId Drive
of this Res4lution has occurred. If fhe Counci� determines that a violation has not
occurred or has been cured by the t�me of the hearing, the Council wi11 lift the
suspension and the stop work order. If the Council determines that a violation has
occurred and has not yet been cured, the Council sha11 provide the Applicant with a
deadline to cure the violation; no construction work shall be performed on the propex�fy
until and urtless the violation is cured by the deadline, o�her than work designafed by
the Council to accomplish fhe 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 en�itlements granted by thi.s Resolution pursuant to Chapter
Z7.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Building and Construction Ordinance, the Zoning
Oxdinance, LA County Building Code and of the zone in which the subject property is
located must be complied with unless otherwise set forth in the Pezmit, or shown
otherwise on an approved plan.
D. The conditions of approval specified herein shall be printed on the
construction plans submitted to the building department for plan check and permitting
and sha�.I be available at all time at the construction site.
E. The lot shall be developed and mainfaisted in substantial con£ormance
with the site plan on file dated June 14, 2017, except as otherwise provided in these
conditions. The working drawings subrnitted to the Department of Building and Safety
for plan check review sha�l conform to the approved development plan. All condi�ions
of the Va:riance approva�s shall be ir�corporated into the building permit working.
drawings and where applicable complied with prior to issuance of a building pe;rmit.
F. Prior to sub�ni.ttai of £inai working drawings to the Building and Safety
Department for is�suance of building permits, the plans for the project shall be
submitted to City staff for verifiication that the final plans are in compliance with the
plans approved by the Planning Cominission.
Building permits may be required for the shed and any other aufdoor "as
buil�" structure, if required by Building and Safety.
G. A licensed professional preparing cons�ruction plans for this project .£ox
Building Departrnent review shall execute a Certificate affirming that the plans con£orrn
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Cade and Zoning Ordinance. Further, the person
obtaining a building permit for fh�is praject shall execute a Certificate of Cox�struction
stating that the project will be construc�ed according to this Resolution and any p�ans
approved therewith.
Resolution No.2017-10 4
26 Eas�field Drive
H. Structural Iot coverage o£ the Io� sha11 not exceed 5,522 square feet or
19.27% ot the net Iof area with allowable deductions, in coxiforrnance with �ot coverage
limitations (2Q% maximum}. The size of the structures sha1l be measured from the
exterior surface of the ouiside walls.
I. The total Iot coverage propased, including structuxes and flatwark, shall
not exceed 9,58�. square feet or 33.44% (with deductions), of the net Iot area, in
eonfoxmance with Iot coverage limitatsons (35% max}.
]. � Grading for this project shali not exceed 1,284 cubic yards to�al which
includes 172 cubic yards of cut, 132 cubic yards of fi11 and 980 cubic yards of grading�ar
the £uture stable and corral. An exporE o£ dirt for the pool excavation may not exceed 40
cubic yards. The disturbance of the lot sha11 not exceed 71.�2°�, inciuding the future
stable and carral area.
K. A drainage plan, if requxred by the Building Department shall be prepared
and approved by City Staff p�ior to issuance of a construction permit. Such plan shall be
subjecf to County Code requirements.
L. The proposed pool equipment enclosure shall be fully enclosed (with the
exception of the roof} along with the service yard, but not be located in the RHCA
easernent, unless permitted by the RHCA.
M. Per LA County Building Code requirements, a pool barrier/fence shall be
required.
N. With the exception of those areas alread� permitted by the RHCA undex
the existing lxcense a�eerx�ent, perimeter easements and trails, if any, including
roadway easements shall remain free and clear of any impxovements including, but nof
be Iimited to, driveways, fences including construction fences, landscaping, irrigation
and drainage devices, except as otherwise app:roved by the Rolling Hills Cominunity
Associatian.
O. 6�% of any construction ma�terials must be recycled or diverted from
Iandfills. The hauler of the materials shall obtain City's Constructzon and Demolition
permit prior to start of wark.
P. During construcfion, the property owners shall be required to schedule and
regulate canstruction and related traffzc noise thraughout the day between the haurs of
7 AM and 6 PM, Manday through Saturday only, when construction and mechan�ical
equipment noise is permitted, so as not to interfere with the quiet residential
environment o£the City of Rolling Hills.
Resolution No.2017-10 5
26 Eastfieid Drive
Q. During co�tstruction, a�I parking shall take place an the projecf site and, if
necessary, any overflow parking shall take place within nearby unimproved roadway
easement adjacent to subject site. There shall be no blocking of adjacent driveways or of
the roadway easement for passage of pedestrians and equestr�ans. During construction a
flagmen shall be present to direct traffic when it is anticipated that a lane may be
impeded. During construction, to the maximurn extent feasible, emplayees of the
contractor sha11 be encouraged to car-pool ta and from the City.
R. The property owner shall at aIl ti�nes maintain the pool equipment wifihin
the proposed enclosure such that it does not create any undue noise d'zsturbances or
visual impac�s to neighbors. So�.nd attenuating equipment shall be installed to dampen
the sound. The pool equipment shall uti�ize the most quiet and technologically
adva�ced equipment to dampen the sound.
S. The property owners shall be required to con£orm with the Regior�al
Wafer Quality Control Board and County Public Works Departrnent Sest Mar�agement
Practices (BMP's) requirements xelated to solid waste, drainage and storm water
drainage facilities management.
T. Any proposed modifications of the projeet after approval of the
application will be sub�ect to Sec�ion 17.38.Ob� of the ftolling Hilis Municipal Code.
U. The applicar�t shall execute an Affidavit of Acceptance of all condi�ions of
�liis permi�pursuant to Zoning Ordinance, or the approval shall not be e£fective.
V. The existing driveway is proposed to be removed and replaced with a
pervious surface as illustra�ed in the plans submitted on June 14, 2027. The project
cannot be finaled without this change made to �ie eacisting driveway because lot
coverages wi11 be over�he allowable limi'�under the zone witho-ut th.e rnadified surface.
.,�
PASSED, APPROVED AND ADOPTED TH�th D JUL�2Q17.
� _�'�:�' f�� ��.
f'
r,�
�,;.,
��AD GHELF, AI N ,
ATTEST:� - "
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of
the public hearing on �his application must be filed within the time limits set
foxth in Section 17.54.070 of �he Roliing Hills Municipal Code and Code o£ Civil
Procedure Section 1094.6.
Resolution Na.2017-�0 (
26 Ea,stfieid Drive
STATE OF CALIFORNIA )
COUNTY OF LQS ANGELES ) §�
CITY OF ROLL�IVG HILLS)
I certify that the foregoing Resolutian No. 2017-10 entided:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
IZOLLING HILLS GRANTZNG APPROVAL 4F VARIANCES TO RETAIN A
CHICKEN COOP iN THE REAR YARD SETBACK, RETAIN A SHED iN THE
SIDE SETBACK, RETAIN AN AS-BLTILT F�RE PIT, TQ EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW
SWIMMIlVG POOL AND SPA AND TO CONSTRUCT VARIQUS OUTDOOR
AMEN�:TIES, IlV ZO1ViNG CASE NO. 921, AT 26 EASTFIELB DRNE (L4T 86-
A-EF) ROLL�NG HILLS, CA, {CLINTON}.
was approved and adopted at a regular meeting o€the Plannulg Commission on
July 1$, 2D17 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley,Seaburn and Chairman Chelf.
NOES: None.
ABSENT': Commissioner Kirkpatrick.
ABS'CAIN: None.
and in compliance with the Iaws of Cali£ornia was posted at the following:
Administrative Offices.
�J
HEIDI LUCE
CTTY CLERK
Resolution No.2017-10 7
2b Eastfield Drive