633, Remodel existing SFR with encr, Resolutions & Approval Conditionst
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RESOLUTION NO. 2001-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO ENCROACH WITH
AN ADDITION INTO THE FRONT YARD SETBACK AT A SINGLE
FAMILY RESIDENCE AT 13 SOUTHFIELD DRIVE, IN ZONING CASE
NO. 633.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Badagliacca with
respect to real property located at 13 Southfield Drive, Rolling Hills (Part of Lots 10 &
11-SF) requesting a Variance to encroach into the front yard , (south side), with an
addition.
Section 2. The Planning Commission conducted a duly noticed public hearing
to consider the application on May 15, 2001, June 19, 2001 and at a field trip visit on
June 19, 2001. The applicants were notified of the public hearing in writing by first class
mail. Evidence was heard and presented from all persons interested in affecting said
proposal and from members of the City staff and the Planning Commission having
reviewed, analyzed and studied said proposal. The applicants were in attendance at
the hearings.
Section 3. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in
the same vicinity. A Variance to Section 17.16.110 is required because it states that every
lot shall have a front yard of not less than 50 feet from the front easement line. The
applicant is requesting a Variance to encroach 34 square feet into the front yard setback
of a total of 914 square feet additions at an existing single family residential
development. A portion of the existing garage already encroaches into the front yard
setback.. With respect to this request for a Variance, the Planning Commission finds as
follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other property or class of
use in the same zone because the lot is small in size in comparison to the average lots in
the City, and a portion of the existing house already encroaches into the front yard
setback.. The lot size and configuration, together with the existing development on the
lot creates a difficulty in meeting this Code requirement.
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The existing legal nonconforming residence was built with the residence encroaching
up to 295 square feet into the front yard setback. The existing residence and proposed
addition are modest in size.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. The Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such vicinity and
zone in which the property is located. Development in the front yard will allow the
remaining portion of the lot to remain undeveloped. The structural lot coverage and the
total impervious lot coverage are within the requirements of the City. The residential
building pad coverage exceeds the City's guidelines of 30% by 0.2%.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 633 to encroach with approximately
34 square feet into the front yard setback, (south side), out of the 914 square feet
proposed additions at an existing single family residential development, as indicated on
the development plan dated May 2, 2001, submitted with this application and
incorporated herein by reference as Exhibit A, and subject to the following conditions:
A. The Variance approval shall expire within one year from the effective date
of approval as defined in Section 17.38.070(A), unless otherwise extended pursuant to
the requirements of this section.
B. It is declared and made a condition of the Variance, 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 hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated May 02, 2001, except as otherwise
provided in these conditions.
RESOLUTION NO. 2001-15
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E. The property on which the project is located shall contain an area of
minimum of 1000 square feet to provide an area meeting all standards for a stable (450
square feet) and corral (550 square feet) with vehicular access thereto.
F. Structural lot coverage shall not exceed 6,033 square feet or 14.1% in
conformance with lot coverage limitations.
G. Total lot coverage of structures and paved areas shall not exceed 11,023
square feet or 25.8% in conformance with lot coverage limitations.
H. The disturbed area of the lot shall not exceed 12,928 square feet or 30.2%
in conformance with the disturbed area limitations.
I. Residential building pad coverage on the 20,000 square foot residential
building pad shall not exceed 6,033 square feet or 30.2%. The Planning Commission
guideline is 30%.
J. There shall be no grading on the site.
K. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
L. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
M. During construction, conformance with local ordinances and engineering
practices so that people or property are not exposed to landslides, mudflows, erosion,
or land subsidence shall be required.
N. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land
subsidence shall be required.
O. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
P. During construction, the property owners shall 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 Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
RESOLUTION NO. 2001-15
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. Q. During and after construction, all parking shall take place on the project site
and, if necessary, any overflow parking shall take place within nearby roadway
easements.
R. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
S. The property owner shall be required to conform with the requirements of
Section 17.27.030 of the Municipal Code, pertaining to Undergrounding of Utilities.
T. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of any
drainage, building or grading permit.
U. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
V. The applicant shall execute an Affidavit of Acceptance of all conditions of
this Variance approval, pursuant to Section 17.38.060, or the approval shall not be
effective.
W. All conditions of the Variance approval, that apply, must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 17THpA OF J3EY 2001.
t
ALLAN ROBERTS, CHAIRMAN
ATTEST:
t'1%;rt . I�
MARILYN KE1 N, DEPUTY CITY CLERK
RESOLUTION NO. 2001-15
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2001-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO ENCROACH WITH AN ADDITION INTO THE
FRONT YARD SETBACK AT A SINGLE FAMILY RESIDENCE AT 13 SOUTHFIELD
DRIVE, IN ZONING CASE NO. 633.
was approved and adopted at a regular meeting of the Planning Commission on July
17th, 2001 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 2001-15
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