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8CINCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.:8C Mtg. Date: 3-17-15 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 872 SITE LOCATION: 23 MIDDERIDGE LANE NORTH (LOT 2 -MR) ZONING AND SIZE: RA -S-1, OVERLAY ZONE (OZD-1); 0.97 ACRES APPLICANT: MR. ROB HAMMOND REPRESENTATIVE: ENVIROTECHNO ARCHITECTURE NOTICE PUBLISHED: FEBRUARY 5, 2015 REQUEST AND RECOMMENDATION 1. The Planning Commission viewed the project in the field earlier in the morning of March 17, 2015. It is recommended that the Planning Commission review the staff report, take public testimony and provide direction to staff. 2. The applicant requests a Site Plan Review for a 1,389 square foot residence addition, of which 349 sq.ft. has been constructed, and a 349 square foot basement and Variances to encroach with a portion of the addition and basement into the side and front yard setbacks and with a 198 sq.ft trellis into the rear yard setback at 23 Middleridge Lane North. A portion of the "as built" unpermitted addition encroaches 4.5' into the side setback and 179" into the rear setback. When completed, the residence will be 3,837 square feet and the garage will be 479 square feet. An existing 491 square foot garage will be converted to living space and a new garage constructed. Also proposed is a 735 square foot swimming pool with 129 square foot pool equipment area to be located under an existing deck and a service yard. Since the last meeting, the applicant had the property surveyed and the proposed construction is based on the new survey_ N0.872 23 T1 23 Middleridge Ln. N. hl/j BACKGROUND 3. The property is located at the end of a cul-de-sac in the RAS -1 Overlay Zoning District (OZD-1) of the City and is less than one acre in size. The OZD-1 was established within the RAS -1 district to allow modernization, reconstruction or enlargement of homes located on unique lots generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to setback requirements. Properties in the OZD-1 are allowed a reduced front yard setback for locating primary structures including attached garages of 30' from the roadway easement line, (elsewhere in the City the front yard setback is 50' from the roadway easement line). In addition, if the existing residence encroaches into the side yard setback by no more than 10', a reconstructed structure may be located within the same encroachment footprint. However, any new construction must comply with the 20' side yard setback requirement. Other requirements of this zone include: only one driveway is permitted and 60% of the front yard area must be landscaped (Chapter 1.7.17 of the Zoning Ordinance). 4. The net lot area of this lot is 34,260 square feet. The lot is developed with a 2,802 square foot residence, 491 square foot garage, 188 square foot covered porches, 269 square foot entryway, 152 square foot outdoor kitchen and 659 square foot stable. 349 square feet was added in the late 1990's, by a different owner, without permission or building permits and is partially in the side and rear setbacks. The outdoor kitchen is also non -permitted. 61.8% of the lot is disturbed and no additional disturbance is proposed. The applicant, with this application, requests to legalize the unpermitted structures. The requested addition of 1,389 square feet includes the unpermitted portion of the residence. The new construction will entail converting the existing garage into living space and constructing a new 479 square foot garage, constructing 544 square foot residential addition and 349 square foot basement. The applicant will be required to obtain building permits and have the unpermitted structures inspected by the Building Department. 5. Portions of the existing residence encroach into the side setbacks, and except for 25 square feet of the unpermitted addition, are legal non -conforming and may remain. The front of the residence is between 34 and 40 feet from the front roadway easement line and is permitted in the OZD-1. Approximately 160 square feet of the proposed garage would meet the 30' front yard setback requirement. 50 square feet of the garage would encroach into the side yard setback and 269 square feet would encroach into the front yard setback and require a variance. The basement is proposed to be within the footprint of the residential addition, however 210 square feet of the addition for both, would encroach ten feet into the side yard setback. ZC NO. 872 23 Middleridge Ln. N. 2 6. The existing stable takes access from Palos Verdes Drive North over property in the City of Rolling Hills Estates. 7. Staff requested that prior to the field trip the applicant submit a surveyed site plan of the property to accurately depict the encroachments, which has been provided. MUNICIPAL CODE COMPLIANCE 8. The requested Site Plan Review is necessary due to the proposed additions exceeding the size allowable for administrative approval, which in this case includes the "as built" addition. The Variance is necessary due to the proposed encroachments into setbacks. 9. The property is located in the Overlay Zone, which allows for reduced front yard setback to 30' from the roadway easement line. 10. The lot is 42,250 square feet (excluding the roadway easement) and the net lot area for development purposes is 34,260 square feet. The proposed structural coverage including the "as built" addition would be 6,773 square feet or 19.8%; with allowed deduction of 120 sq.ft. barbeque, the structural coverage would be 6,653 or 19.4% of the net lot area -(max. allowed 20%). The total coverage (structures and flatwork) would be 10,647 square feet or 31 %-(max allowed 35 %). 11. The applicants architect states that the area of work was previously graded and disturbed and that no new disturbance will occur. The disturbed area is 61.8%. A total of 320 cubic yards of excavation for the pool and basement is proposed. Some of the dirt will be used on site as backfill and landscaping, and some will be exported. Pursuant to the City's requirements, dirt from excavation may be exported and may not be spread on the property, as it would constitute grading and disturbance. 12. The proposed pool will have an infinity edge, 3' above grade. 13. The residential building pad is 6,013 square feet, (not in setback), and with the "as built" and proposed additions would have 101.7% coverage; however with the allowable deductions the coverage would be 5,550 square feet or 92.3%. Currently the building pad coverage is 53.3%. The building pad coverage includes structures located on the building pad and those portions of the structures that encroach into setbacks, which are outside of the building pad. 14. A stable was constructed in late 1980's; although the owners at that time obtained a building permit for the stable, the records show that no inspections were made and the permit expired, with a note on the permit states: "no work done". As part of the approval the Planning Commission should require that a permit be obtained for the ZC NO. 872 23 Middleridge Ln. N. 3 stable, the stable inspected and if there are any unsafe building code conditions, that they be rectified. The use of the structure as a stable and/or permitted uses within the stable must also be verified. 15. There is a bocce court on the lot; it must remain unpaved in order to not to be considered a sports court, which would require a CUP and a Variance because it is partially located in the side setback. In addition, there are no building permit records for the deck. The applicant will be required to obtain a building permit for the deck as well, at the same time as a permit is obtained for the pool. REVIEW CRITERIA AND APPLICANTS' JUSTIFICATION 16. When reviewing a Site Plan Review 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; is in keeping with the desired development pattern and character of the City; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. When reviewing a Variance application the Planning Commission should consider whether the proposed development will be consistent with General Plan and Zoning Ordinance policies and objectives, if there would be detrimental impacts, and whether there is an exceptional circumstance that warrants granting exception to code standards. The applicants' representative has stated the following justifications for approval: • The building pads along Middleridge Lane N. were originally established in setbacks to allow level land to built on before reaching the slopes ® This condition is urdque to this neighborhood • The proposed structure is consistent in size and massing to other structures in the neighborhood • Property is located in the Overlay Zone, which recognizes hardship conditions on lots The front of the property will be beautified and more landscape introduced to soften the front yard area • The applicant proposes to legalize several illegal situations on the lot and building permits will be obtained for non permitted structures • The improvements are blended in aesthetically and the ridge line stays the same to maintain the scale and character of the neighborhood and the additions do not substantially alter the building envelope • No grading or disturbance is proposed • The project preserves the existing vegetation by minimizing grading and the project will be additionally landscaped ZC NO. 872 23 Middleridge Ln. N. 4 17. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 18. The project is exempt from CEQA requirements. ZONING CASE NO. 872 SITE PLAN REVIEW & VARIANCE RA -S-1 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for additions. Variance is required for encroachment into setbacks GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.). Must be balanced on-site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential DIS'T'URBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) EXISTINGI PROPOSED SINGLE FAMILY ADDITIONS & POOL RESIDENCE & GARAGE Residence 2448 sq.ft. Residence 3837 sq.ft. Garages 491 sq.ft. Garages 479 sq.ft. Pool/spa 0 sq.ft. Pool/spa 735 sq.ft. Pool equip. 0 sq.ft. Pool equip. 129 sq.ft. Stable 659 sq.ft. Stable 659 sq.ft. Attch. Porch- 188 sq.ft. Attch porch- 245 sq.ft. Service yard 0 sq.ft. Service yard 96 sq.ft Entryway 269 sq.ft. Attch. Trellis 198 sq.ft BBQ 152 sq.ft. Entryway 265 sq.ft BBQ 130 sq.ft. Basement 349 sq.ft. TOTAL 4,207 sq.ft. TOTAL 6,773 sq. ft. N/A 320 cubic yards for pool and basement excavation 12.2% 19.4% of 34,260 s.f. net lot area w/ allowances 28% 31 % or 10,647 sq.ft. 34,260 sq.ft. net lot area 53.3% Previously disturbed ZC NO. 872 23 Middleridge Ln. N. 5 92.3 % of 6,013 sq.ft. pad w/allowed deductions Previously disturbed at 61.8 % STABLE (min. 450 SQ.FT & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS HOMES IN VICINITY: Address 9 Middleridge Ln.N 11 Middleridge Ln.N 15 Middleridge Ln.N 17 Middleridge Ln.N 19 Middleridge Ln. N. 21 Middleridge Ln. N. 22 Middleridge Ln. N 23 Middleridge Ln. N. 17.46.010 Purpose. Existing 659 sq.ft. and adj. corral Existing Existing driveway approach N/A N/A Lot size (excl. road easement) 49,600 sq.ft. 50,530 sq.ft. 44,000 sq.ft. 49,220 sq.ft. 49,220 sq.ft. 53,140 sq.ft. 37,030 sq.ft. 42,250 sq.ft. Existing 659 sq.ft. and adj. corral Existing from PV Dr. N. Existing driveway approach Planning Commission review Planning Commission review SITE PLAN REVIEW CRITERIA House size 2,937 sq.ft. 3,960 sq.ft. 3,101 sq.ft. 3,160 sq.ft. 2,728 sq.ft 3,777 sq. ft 2,257 sq.ft. Proposed: 3,837 sq.ft. 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 ffndin2s. 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; ZC NO. 872 23 Middleridge Ln. N. 6 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; 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. ZC NO. 872 23 Middleridge Ln. N. 7