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911, Legalize 140 s.f. addition to , Staff ReportsTO: f-gf >rae4t, qey6 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 6A Mtg. Date: 10-18-16 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: DATE PUBLISHED: ZONING CASE NO. 911 3 POPPY TRAIL (8-PT) RA-S-2, 2.7 ACRES (GROSS) MR. ROBERT JONAS TAVISHA NICHOLSON, ENGINEER ANTHONY INFERRERA, ARCHITECT SEPTEMBER 8, 2016 REQUEST AND RECOMMENDATION 1. The Planning Commission held a public hearing in the field on September 20, 2016 and at the evening meeting on the same day. At the field trip it was noted that a covered porch is also proposed along the northwest side of the residence and that the walking path behind the unauthorized addition is less than the required 4' wide for access around it. 2. The applicants' agent submitted revised calculations at the evening meeting for the project and stated that a minimum of 4' wide walkway could be provided behind the addition, which would require an up to 4' high retaining wall. At the meeting, following a brief discussion, the Planning Commission directed staff to prepare a Resolution of approval of the project, based on the new information, and approving an up to 5' wall, which is maximum permitted under a Site Plan Review. 3. The applicant requests a Site Plan Review, due to a restrictive development condition placed on the property, to legalize a 375 square foot addition, to construct a not to exceed 5' high retaining wall behind the addition and to construct a total of 705 square Z.C. No. 911 . • • feet attached covered porches to the residence. The applicant also requests a Variance as 595 square feet of the porches would be located in the front yard setback. 4. It is recommended that the Planning Commission review the staff report and adopt Resolution No. 2016-22 for the project, with standard findings and conditions, as well as conditions specific to this case such as: • provide a not less than 4' wide walkway around the residence • the retaining wall, to accommodate the construction of the walkway, shall not exceed 5' in height • obtain building permits for the rear addition and retrofit the addition to comply with building code requirements • the exterior walls of the residence that encroach into the front setback shall not be demolished; however the windows may be replaced within the existing openings. 5. Below is an updated development chart, showing the corrected size of the covered porch. ZONING CASE NO. 911 SITE PLAN REVIEW/VARIANCE RA-S-2 ZONE SETBACKS Front: 50 ft. from road easmnt. line structures Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES. - Site Plan Review required on properties with a Restricted Development Condition. - Variance for structures in setbacks. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) Z.C. No. 911 3 Poppy Trail Residence Garage Pool/spa Pool equip Cabana Stable Att.porch Service yd Rec Room TOTAL 7.3% 12.2% EXISTING SF Residence & accessory 3458 sq.ft 462 sq.ft. 720 sq.ft 48 sq.ft. 270 sq.ft 660 sq.ft 396 sq.ft. 96 sq.ft. 800 sq. ft 6,910 sq.ft. Residence=112.8% of 4,480 sq.ft. pad Stable=19.6% of 3,360 sq.ft. pad Rec room=31% of 3,600 sq.ft pad PROPOSED Legalize addition, construct a retaining wall and add covered porches to residence Residence Garage Pool/spa Pool equip Cabana Stable Att. porch Service yd Rec Room TOTAL 3598 sq.ft 462 sq.ft 720 sq.ft. 48 sq.ft 270 sq.ft. 660 sq.ft. 1101 sq.ft 96 sq.ft. 800 sq. ft. 7,755 sq.ft 8.1% of 95,160 sq.ft. net lot area 13.1% of 95,160 sq.ft. net lot area Residence=122.6% of 4,480 sq.ft. pad Stable=19.6% of 3,360 sq.ft. pad Rec room=31 °%a of 3,600 sq.ft pad • GRADING N/A NONE Site plan review required if grading is triggered DISTURBED AREA 29,440 sq.ft. - 30.9% of lot 29,440 sq.ft. - 30.9% of lot - (40% maximum; any graded was previously disturbed building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sq. ft.) and 660 sq.ft 660 sq. ft. CORRAL (minimum 550 sq. ft.) 1,050 sq.ft. 1,050 sq.ft. STABLE ACCESS From Poppy Trail ACCESSWAY Existing from Poppy Existing from Poppy Trail Trail VIEWS N/A N/A PLANTS AND ANIMALS N/A N/A Z.C. No. 911 3 Poppy Trail CD • • THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 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. Reso. 2016-22 3 Poppy Trail 1 • 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. Reso. 2016-22 3 Poppy Trail 2 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: Reso. 2016-22 3 Poppy Trail 3 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 Reso. 2016-22 3 Poppy Trail 4 0 • • 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. Reso. 2016-22 3 Poppy Trail 5 • 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. 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. F. 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. G. 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). H. 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. I. 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. J. 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. K. 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 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. Reso. 2016-22 3 Poppy Trail 6 L. 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. M. 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. N. 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. O. 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. P. 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. Q. 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. R. 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.gov/lox/main.nhn?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. S. All utility lines to the residence shall be placed underground. T. Prior to finaling of the project, an "as constructed" plans and certifications shall be provided to the Planning Department and the Building Reso. 2016-22 3 Poppy Trail 7 • • 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". U. 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. BRAD CHELF, CHAIRMAN ATTEST: 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. Reso. 2016-22 3 Poppy Trail 8 • • 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK Reso. 2016-22 3 Poppy Trail 9 1-3 ier4 geaa INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4A-FT Mtg. Date: 09-20-16 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: DATE PUBLISHED: ZONING CASE NO. 911 3 POPPY TRAIL (8-PT) RA-S-2, 2.7 ACRES (GROSS) MR. ROBERT JONAS TAVISHA NICHOLSON, ENGINEER ANTHONY INFERRERA, ARCHITECT SEPTEMBER 8, 2016 REQUEST AND RECOMMENDATION 1. The applicant requests a Site Plan Review, due to a restrictive development condition placed on the property, to legalize a 140 square foot addition and to construct two, for a total of 565 square feet attached covered porches to the residence. The applicant also requests a Variance as one of the porches consisting of 455 square feet is proposed to be located in the front yard setback. 2. It is recommended that the Planning Commission view the project in the field, open the public hearing, take brief public testimony and continue the meeting to the evening meeting of the Planning Commission or provide other direction to staff. BACKGROUND 3. The property is zoned RAS-2 and consists of 2.7 acres (117,612 square feet) gross and 2.18 acres (95,160 sq.ft.) net lot area for development purposes. With this proposal a previously constructed addition of 140 square feet with a flat roof at the rear of the residence will be legalized and the roof reconfigured to match the existing residence. The entire roof will be raised by 12". As part of this application, regardless if the variance for Z.C. No. 911 • • the porch is granted or not, it will be a requirement that a building permit be obtained for this addition, a new roof be constructed and utility lines be undergrounded to the property. 4. In November, 2009 the applicant was granted a CUP and a SPR to construct an 800 square foot recreation room and access thereto, that required grading and a retaining wall along the access way. A "No further development" restriction without Planning Commission review was placed on the property. Therefore, any new construction requires a discretionary review by the Planning Commission. 5. Currently the property is developed with a 3,598 square foot residence, (including the 140 sq.ft. non -permitted addition), 462 square foot garage, a 720 square foot swimming pool/ spa, 802 square foot pool decking, 48 square foot pool equipment, 270 square foot cabana, 660 square foot stable, 96 square foot service yard, and an 800 square foot recreation room with 396 square foot covered porch. 6. Over 40% of the existing residence is located in the front yard setback, and is legal non -conforming. At the worst condition, (north-west corner), the house encroaches 37' into the required 50' front yard setback. The proposed 455 square foot porch at the front of the house would encroach additional 6' into the front setback; up to 41' at the north west corner and up to 34' at the north east corner and requires a Variance. No grading.or further disturbance is proposed with this project. MUNICIPAL CODE COMPLIANCE 7. Pursuant to Section 17.16.140 of the Zoning Code, architectural features (which include porches) may project 4' into the required front setback. With the house already projecting more than 4', the proposed covered porch would project even further into the setback. 8. The net lot area of the lot is 95,160 square feet. The structural lot coverage is proposed at 7,615 square feet or 8.00% of the net lot area, which includes all of the structures, (20% permitted). The total lot coverage proposed, including structures and flatwork is 12,296 square feet or 12.9% of the net lot area, (35% permitted). 29,440 square feet of the net lot, or 30.94% is disturbed. No additional disturbance is proposed. (40% max. permitted). 9. There are 3 building pads on the property. The Zoning Code sets a guideline for each building pad coverage at 30%. The residential pad is 4,480 square feet, outside of setbacks, and will have coverage of 119.5% (due to the fact that over 40% of thehouse plus the covered porch would be located in the front setback; area of which is not included in the building pad area calculations). The stable pad is 3,360 square feet and has coverage of 19.6%, and the recreation room pad is 3,600 square feet with 31.0% coverage, with allowed deduction. Z.C. No. 911 3 Poppy Trail Cd • • 10. The residential "as built" addition and attached porches will not impact drainage on the lot. No change to the drainage pattern is proposed. 11. All of the development standards are being met except for the requirement that no development occurs in a setback. The 455 square foot attached porch encroaches in its entirety into the front yard setback. 12. In response to justification for the Variance request the applicant notes that the entire front of the house is in the front setback and they are requesting to further encroach by 6'. Due to the topography of the lot there is no space to construct covered porches in the rear of the house. The proposed porches will not result in any additional disturbance. CONCLUSION 13. This proposal would legalize a 140 square foot as -built addition. Section 17.24.020 of the Municipal Code requires that illegal uses or structures be legalized in conjunction with any discretionary review application. Therefore, approval by the Planning Commission, the Rolling Hills Community Association, and a building permit is required as part of the consideration for the proposed attached porches and for the "as built" residential addition. Pursuant to the current zoning ordinance, only one accessory structure greater than 200 square feet and used for recreation, guest house, hobby shop or storage room is permitted. The 800 square foot recreation room approved in 2009 pre -dates the current requirement, which went into effect in 2011 (Ordinance No. 324). 14. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. In addition, the Commission must determine if the project meets the Variance criteria enclosed with this report. 15. In reviewing this application, the Commission should consider the topography of the property, the previously graded pads, the configuration of the exiting development and the general size of the lot. 16. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) 17. The Rolling Hills Community Association Architectural Committee will review the project for architectural elements and design at a later date. Z.C. No. 911 3 Poppy Trail ZONING CASE NO. 911 SITE PLAN REVIEW/VARIANCE RA-S-2 ZONE SETBACKS Front: 50 ft. from road easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES - Site Plan Review required on properties with a Restricted Development Condition. - Variance for structures in setbacks. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) GRADING Site plan review required if grading is triggered DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sq. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS Z.C. No. 911 3 Poppy Trail EXISTING SF Residence & accessory structures Residence Garage Pool/spa Pool equip Cabana Stable Att.porch Service yd Rec Room TOTAL 7.3% 12.2% 3458 sq.ft 462 sq.ft. 720 sq.ft 48 sq.ft. 270 sq.ft 660 sq.ft 396 sq.ft. 96 sq.ft. 800 sq. ft 6,910 sq.ft. Residence= 112.8% of 4,480 sq.ft. pad Stable=19.6% of 3,360 sq.ft. pad Rec room=31 % of 3,600 sq.ft pad N/A PROPOSED Legalize addition and add covered porches to residence Residence Garage Pool/spa Pool equip Cabana Stable Att. porch Service yd Rec Room TOTAL 3598 sq.ft 462 sq.ft 720 sq.ft. 48 sq.ft 270 sq.ft. 660 sq.ft. 961 sq.ft 96 sq.ft. 800 sq. ft. 7,615 sq.ft 8.0% of 95,160 sq.ft. net lot area 12.92% of 95,160 sq.ft. net lot area Residence=119.5% of 4,480 sq.ft. pad Stable=19.6% of 3,360 sq.ft. pad Rec room=31% of 3,600 sq.ft pad NONE 29,440 sq.ft. - 30.9% of lot 29,440 sq.ft. - 30.9% of lot - was previously disturbed 660 sq.ft 1,050 sq.ft. Existing from Poppy Trail N/A N/A 660 sq. ft. 1,050 sq.ft. From Poppy Trail Existing from Poppy Trail Planning Commission review Planning Commission review • • SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan,review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; Z.C. No. 911 3 Poppy Trail • • F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. Z.C. No. 911 3 Poppy Trail ems Ralidefge& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7C Mtg. Date: 09-20-16 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: DATE PUBLISHED: ZONING CASE NO. 911 3 POPPY TRAIL (8-PT) RA-S-2, 2.7 ACRES (GROSS) MR. ROBERT JONAS TAVISHA NICHOLSON, ENGINEER ANTHONY INFERRERA, ARCHITECT SEPTEMBER 8, 2016 REQUEST AND RECOMMENDATION 1. The Planning Commission held a public hearing in the field on the site earlier in the morning on September 20, 2016 and viewed the silhouette for the proposed project. 2. ,. The applicant requests a Site Plan Review, due to a restrictive development condition placed on the property, to legalize a 140 square foot addition and to construct two, for a total of 565 square feet attached covered porches to the residence. The applicant also requests a Variance as one of the porches consisting of 455 square feet is proposed to be located in the front yard setback. 3. It is recommended that the Planning Commission reconvene the public hearing, discuss the request and provide direction to staff. BACKGROUND 4. The property is zoned RAS-2 and consists of 2.7 acres (117,612 square feet) gross and 2.18 acres (95,160 sq.ft.) net lot area for development purposes. With this proposal a previously constructed addition of 140 square feet with a flat roof at the rear of the Z.C. No. 911 • • residence will be legalized and the roof reconfigured to match the existing residence. The entire roof will be raised by 12". As part of this application, regardless if the variance for the porch is granted or not, it will be a requirement that a building permit be obtained for this addition, a new roof be constructed and utility lines be undergrounded to the property. 5. In November, 2009 the applicant was granted a CUP and a SPR to construct an 800 square foot recreation room and access thereto, that required grading and a retaining wall along the access way. A "No further development" restriction without Planning Commission review was placed on the property. Therefore, any new construction requires a discretionary review by the Planning Commission. 6. Currently the property is developed with a 3,598 square foot residence, (including the 140 sq.ft. non -permitted addition), 462 square foot garage, a 720 square foot swimming pool/spa, 802 square foot pool decking, 48 square foot pool equipment, 270 square foot cabana, 660 square foot stable, 96 square foot service yard, and an 800 square foot recreation room with 396 square foot covered porch. 7. Over 40% of the existing residence is located in the front yard setback, and is legal non -conforming. At the worst condition, (north-west corner), the house encroaches 37' into the required 50' front yard setback. The proposed 455 square foot porch at the front of the house would encroach additional 6' into the front setback; up to 41' at the north west corner and up to 34' at the north east corner and requires a Variance. No grading or further disturbance is proposed with this project. MUNICIPAL CODE COMPLIANCE 8. Pursuant to Section 17.16.140 of the Zoning Code, architectural features (which include porches) may project 4' into the required front setback. With the house already projecting more than 4', the proposed covered porch would project even further into the setback. 9. The net lot area of the lot is 95,160 square feet. The structural lot coverage is proposed at 7,615 square feet or 8.00% of the net lot area, which includes all of the structures, (20% permitted). The total lot coverage proposed, including structures and flatwork is 12,296 square feet or 12.9% of the net lot area, (35% permitted). 29,440 square feet of the net lot, or 30.94% is disturbed. No additional disturbance is proposed. (40% max. permitted). 10. There are 3 building pads on the property. The Zoning Code sets a guideline for each building pad coverage at 30%. The residential pad is 4,480 square feet, outside of setbacks, and will have coverage of 119.5% (due to the fact that over 40% of the house plus the covered porch would be located in the front setback; area of which is not included in the building pad area calculations). The stable pad is 3,360 square feet and Z.C. No. 911 3 Poppy Trail • • has coverage of 19.6%, and the recreation room pad is 3,600 square feet with 31.0% coverage, with allowed deduction. 11. The residential "as built" addition and attached porches will not impact drainage on the lot. No change to the drainage pattern is proposed. 12. All of the development standards are being met except for the requirement that no development occurs in a setback. The 455 square foot attached porch encroaches in its entirety into the front yard setback. 13. In response to justification for the Variance request the applicant notes that the entire front of the house is in the front setback and they are requesting to further encroach by 6'. Due to the topography of the lot there is no space to construct covered porches in the rear of the house. The proposed porches will not result in any additional disturbance. CONCLUSION 14. This proposal would legalize a 140 square foot as -built addition. Section 17.24.020 of the Municipal Code requires that illegal uses or structures be legalized in conjunction with any discretionary review application. Therefore, approval by the Planning Commission, the Rolling Hills Community Association, and a building permit is required as part of the consideration for the proposed attached porches and for the "as built" residential addition. Pursuant to the current zoning ordinance, only one accessory structure greater than 200 square feet and used for recreation, guest house, hobby shop or storage room is permitted. The 800 square foot recreation room approved in 2009 pre -dates the current requirement, which went into effect in 2011 (Ordinance No. 324). 15. When reviewing a development application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. In addition, the Commission must determine if the project meets the Variance criteria enclosed with this report. 16. In reviewing this application, the Commission should consider the topography of the property, the previously graded pads, the configuration of the exiting development and the general size of the lot. 17. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Z.C. No. 911 3 Poppy Trail 18. The Rolling Hills Community Association Architectural Committee will review the project for architectural elements and design at a later date. ZONING CASE NO. 911 SITE PLAN REVIEW/VARIANCE RA-S-2 ZONE SETBACKS Front: 50 ft. from road easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES - Site Plan Review required on properties with a Restricted Development Condition. - Variance for structures in setbacks. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL (30% maximum guideline) GRADING Site plan review required if grading is triggered DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sq. ft.) and CORRAL (minimum 550 sq. ft.) Z.C. No. 911 3 Poppy Trail EXISTING SF Residence & accessory structures Residence Garage Pool/spa Pool equip Cabana Stable Att.porch Service yd Rec Room TOTAL 7.3% 12.2% 3458 sq.ft 462 sq.ft. 720 sq.ft 48 sq.ft. 270 sq.ft 660 sq.ft 396 sq.ft. 96 sq.ft. 800 sq. ft 6,910 sq.ft. Residence=112.8% of 4,480 sq.ft. pad Stable=19.6% of 3,360 sq.ft. pad Rec room=31 % of 3,600 sq.ft pad N/A PROPOSED Legalize addition and add covered porches to residence Residence 3598 sq.ft Garage 462 sq.ft Pool/spa 720 sq.ft. Pool equip 48 sq.ft Cabana 270 sq.ft. Stable 660 sq.ft. Att. porch 961 sq.ft Service yd 96 sq.ft. Rec Room 800 sq. ft. TOTAL 7,615 sq.ft 8.0% of 95,160 sq.ft. net lot area 12.92% of 95,160 sq.ft. net lot area Residence=119.5% of 4,480 sq.ft. pad Stable=19.6% of 3,360 sq.ft. pad Rec room=31% of 3,600 sq.ft pad NONE 29,440 sq.ft. - 30.9% of lot 29,440 sq.ft. - 30.9% of lot - was previously disturbed 660 sq.ft 1,050 sq.ft. 660 sq. ft. 1,050 sq.ft. • • STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS Existing from Poppy Trail N/A N/A SITE PLAN REVIEW CRITERIA From Poppy Trail Existing from Poppy Trail Planning Commission review Planning Commission review 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: Z.C. No. 911 3 Poppy Trail • • A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary'for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That 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; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. Z.C. No. 911 3 Poppy Trail