911, Legalize 140 s.f. addition to , Resolutions & Approval ConditionsRESOLUTION NO. 2016-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR IMPROVEMENTS TO A RESIDENCE WITH RESTRICTED
DEVELOPMENT CONDITION, INCLUDING AN AS -BUILT ADDITION
AND CONSTRUCTION OF ATTACHED COVERED PORCHES AND A
5-FOOT MAXIMUM HEIGHT WALL TO ACCOMMODATE A 4-FOOT
WIDE WALKWAY ALONG THE REAR OF THE HOME AND A
VARIANCE TO ENCROACH WITH NEW COVERED PORCHES INTO
THE FRONT SETBACK, IN ZONING CASE NO. 911 AT 3 POPPY
TRAIL, (LOT 8-PT), ROLLING HILLS, CA (JONAS).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. Robert Jonas requesting a Site
Plan Review approving a 375 square foot as -built living area and three covered porches,
totalling 705 square feet. In addition, the applicant, subject to a condition of approval
applied by the Planning Commission in the public hearing, proposes to construct a
maximum 5-foot tall wall at the rear of the residence to accommodate a 4-foot wide
walkway along the home perimeter contiguous to the as -built living area. The applicant
also requests a Variance to locate two of the three proposed covered porches within the
front yard setback.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on September 20, 2016 including a morning field trip and an
evening meeting. The applicants were notified of the public hearings 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' representative
was in attendance at the public hearings.
During the September 20, 2016 field visit a concern was expressed by a resident and
discussed regarding the need for a walkway to provide access around the residence
perimeter at the rear, which may involve constructing a new retaining wall up to 5 feet
in height. This concern has been addressed through the conditions of approval.
Section 3. The property is zoned RAS-2 and the gross lot area is 2.7 acres. The
net lot area is 2.18 acres or 95,160 square feet. The lot, with the exception of three graded
building pads (main home, stable and acccessory recreation room) has a steep
descending slope, rear to front. Due to the location of the residential pad within the
front setback, over 40% of the residence is nonconforming in that it lies within the front
setback.
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Section 4. On March 17, 2009 the applicant was granted a Conditional Use
Permit and a Site Plan Review that allowed the construction of an 800 square foot
recreation room and access thereto. A "No further development" restriction (condition
AF) was imposed on the property, requiring any future structural modifications to be
reviewed by the Planning Commission in a Site Plan Review public hearing.
Section 5. The property, including a 375 square foot as -built living area being
legalized by this approval, is currently developed with a 3,598 square foot residence,
462 square foot garage, 96 square foot service yard, 720 square foot swimming pool, 48
square foot pool equipment enclosure, 270 square foot detached cabana, 800 square
foot accessory recreation room with a 396 square feet attached covered porch, and a
660 square foot stable. With this approval, an additional 705 square feet total of covered
porches will be constructed, of which 595 square feet is attached to the front and side of
the residence within the front setback and 110 square feet at the rear. The entire roof
will be remodeled and the portion above the as -built area will be modified to match the
main roof.
Section 6. The project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
Section 7. Section 17.16.190F requires a Site Plan Review for walls over 3 feet
in height. A not to exceed 5-feet tall wall is anticipated to be required in order to
construct a 4-foot wide walkway along the rear perimeter of the residence as a
condition of approval. In addition, the project improvements are subject to a Site Plan
Review in that the site is a "restricted development" as noted in Section 4 of this
Resolution.
With respect to the Site Plan Review application for the walkway wall and other
structural improvements to the home, the Planning Commission makes the following
findings of fact:
A. The proposed development is compatible with the General Plan and
surrounding uses because the proposed project complies with the requirement of low
profile, low -density residential development with sufficient open space between
surrounding structures. The project conforms to development standard requirements
for lot coverage and disturbance of the Zoning Ordinance and no grading is proposed.
A new wall up to 5 feet in height is required to accommodate construction of a 4-foot
access walkway at the rear of the home, adjacent to as as -built living area that is
legalized with this approval. The new wall will be located at the rear of the home, away
from any other residence and street and will not be visible or obtrusive to neighbors. At
the front of the home, 595 square feet of two proposed attached covered porches will
have an open design and will add visual interest without adding significant additional
building mass.
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B. The development plan substantially preserves the natural and
undeveloped state of the lot because the new improvements will not cause the lot to
look overdeveloped. The proposed development will be located on an area that is
already a graded pad. Significant portions of the 2.7-acre lot will be left undeveloped so
as to maintain open space on the property. The nature, condition, and development of
adjacent uses, buildings, and structures and the topography of the lot have been
considered, and the construction will not adversely affect or be materially detrimental
to the adjacent uses, buildings, or structures because the changes to the existing
building including proposed porches, and roof replacement, are relatively minor
changes. The proposed project is not expected to 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 consistent with the scale of the neighborhood, as it is on a large lot. The lot
coverage maximums set forth in the Zoning Code will not be exceeded.
D. The development plan follows natural contours of the site to the
maximum extend practicable, utilizing existing groomed and usable areas of the lot.
Natural drainage courses will not be affected by the project. No grading is proposed
and existing drainage channels will not be modified. The project is not located in a
canyon or on existing slopes that exceed 25%.
E. The project preserves much of the existing vegetation elsewhere on the lot
and any new landscaping to be introduced will be required to be drought -tolerant,
which is compatible with and enhances the rural character of the community.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
development will utilize the existing driveway.
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting, relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. In proposing to encroach in the front setback. with 705 square feet of covered
attached porches, a Variance is required to grant relief from Section 17.12.190 of the
Zoning Ordinance (setback definitions requiring that setbacks be free of structures).
With respect to the aforementioned request for a Variance from Zoning
Ordinance Section 17.16.150, the Planning Commission finds as follows:
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A. There are exceptional circumstances and conditions on the subject
property, including the natural slope, location of the building pad and the shape of the
lot, all of which constrain development. The lot has a relatively steep natural
downward slope from rear to front. Due to this constraint, the main building pad was
originally created at the front of the lot, with a considerable portion of the pad (and
40% of the existing residence) located within the 50-foot wide front yard setback. This
leaves little area suitable for covered porches at the rear of the building, outside of the
setback area. Also the lot has a relatively long frontage (435.5 lineal feet) along Poppy
Trail, which exacerbates the amount of the lot while being suitable, is also restricted to
development due to a long front setback.
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 in question by strict application of the code.
The proposed porches are common to residences in Rolling Hills and encouraged by
the Architectural Committee to maintain the ranch style type of development, and this
approval permits the applicants to enjoy the same amenities. The porches, although in
setback are not intrusive or massive.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located in that the increase in nonconformity for the front
setback will be relatively minor, being a further encroachment of only 6 feet and
comprised of an open element (porch) and not enclosed living area.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed porches will be orderly, attractive, and will not
detrimentally affect the rural character of the community.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The proposed porch additions are to be located
along and parallel to the exterior building line of the residence and will not alter the
existing configuration of the lot, including existing sloped conditions and large amount
of open space between structures.
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 9. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance and Site Plan Review in Zoning Case No. 911 for 705
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square feet total of three attached covered porches of which 595 square feet, for two
porches, is within the front yard setback and approval of an as -built living area (375
square feet) and maximum 5-foot tall retaining wall to create a 4-foot walkway along
the rear of the home adjacent to an as -built living area, subject to the following
conditions:
A. This approval shall expire within two years from the effective date of
approval if construction pursuant to this approval has not commenced within that
time period, as required by Sections 17.38.070 and 17.46.080 of the Rolling Hills
Municipal Code, or the approval granted is otherwise extended pursuant to the
requirements of this section.
B. If any condition of this resolution is violated, 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 City Manager or his/her designee required to cure the
violation. The suspension and stop work 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 must be cured, the
Applicant may request a hearing before the City Council. The hearing shall be
scheduled at the next regular meeting of the City Council 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 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 shall provide the Applicant with a
deadline to cure the 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 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 entitlements granted by this Resolution
pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, 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 Permit, or
shown otherwise on an approved plan.
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D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated September 20, 2016, except as otherwise provided in
these conditions.
E. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission.
F. The working drawings. submitted to the Department of Building and
Safety for plan check review must conform to the development plan approved with
this application. A copy of the conditions of this Resolution shall be printed on plans
approved when a building permit is issued and a copy of such approved plans,
including conditions of approval, shall be available on the building site at all times.
G. A licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans
conform in all respects to this Resolution approving this project and including
conformance with all of the conditions set forth therein and the City's Building Code
and Zoning Ordinance.
Further, 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 therewith.
H. Structural lot coverage shall not exceed 7,755 square feet, or 8.15% (with
allowable deductions). Total lot coverage shall not exceed 13.07% or 12,436 square feet.
Building Pad coverage on the 4,480 square foot residential pad (pad area does not
include portion within front setback) shall not exceed 122.6% (existing condition).
I. The disturbed area of the lot shall not exceed 30.94% (of net lot area),
which includes the existing stable and corral area. No further disturbance is proposed.
J. A minimum of four -foot level path and/or walkway, which does not
have to be paved, shall be provided along the rear of the home, to allow passage
around the home. A retaining wall is permitted at a height of 5-feet maximum
(measured from finished grade) as needed to accommodate the path/walkway.
K. All existing house walls that are in the front yard setback shall remain
structurally intact and not be demolished. Windows may .be replaced "in -kind"
meaning of the same size opening as existing.
L. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project or to the property, which would
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constitute additional strcutural development, grading, excavation of dirt and any
modification including, but not be limited to retaining walls, drainage devices, pad
elevation and any other deviation from the approved plan, shall require the filing
of a new application for approval by the Planning Commission.
M. 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, and objectionable odors shall be required.
N. During and after construction, all parking shall take place on the project
site. During construction, to maximum extent feasible, employees of the contractor
shall car-pool into the City.
O. 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.
P. 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) requirements related to solid waste, drainage and storm water
management.
Q. During construction, all parking shall take place on the project 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 equestrians.
During construction a flagmen shall be present to direct traffic when it is anticipated
that a lane may be impeded.
R. A minimum of 50% of the construction material spoils shall be recycled
and diverted. The hauler shall secure a "Construction and Demolition Permit" from
the City of Rolling Hills, and provide the required documentation.
S. The project must be reviewed and approved by the Rolling Hills
Community Association (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 including, but not be limited to fences -including
construction fences, any hardscape, driveways, landscaping, irrigation and drainage
devices, except as otherwise approved by the RHCA.
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T. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http//www.wrh.noaa.Qov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is
the sole responsibility of the 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 contractor shall have readily available fire
distinguisher.
U. All utility lines to the residence shall be placed underground.
V. Prior to finaling of the project,"as constructed" plans and certifications
shall be provided to the Planning 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 construction, shall be depicted
"as built/as graded".
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
together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF OCTOBER, 2016.
CHELF, CHAIR
ATTEST: -
UAL()
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the
public hearing on this application must be filed within the time limits set forth in
section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1094.6.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2016-22 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
IMPROVEMENTS TO A RESIDENCE WITH RESTRICTED DEVELOPMENT
CONDITION, INCLUDING AN AS -BUILT ADDITION AND CONSTRUCTION
OF ATTACHED COVERED PORCHES AND A 5-FOOT MAXIMUM HEIGHT
WALL TO ACCOMMODATE A 4-FOOT WIDE WALKWAY ALONG THE
HOME PERIMETER AND A VARIANCE TO ENCROACH WITH NEW
COVERED PORCHES INTO THE FRONT SETBACK, IN ZONING CASE NO.
911 AT 3 POPPY TRAIL, (LOT 8-PT), ROLLING HILLS, CA (JONAS).
was approved and adopted at a regular meeting of the Planning Commission on
October 18, 2016 by the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick, Seaburn and
Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
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cgtiata
CITY CLERK
9