754, Addition 280 SF, 28 in setback, Resolutions & Approval Conditions RESOLUTION NO. 2008-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A MINOR
VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION
OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 754, AT 1
ACACIA ROAD, (LOT 26-RH), (POST).
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. Daniel Post with
respect to real property located at 1 Acacia Road, Rolling Hills (Lot 26-RH) requesting
a Variance to construct a 280 square foot addition, 28 square feet of which would
encroach between one and three feet into the side yard setback. The Site Plan Review
is necessary due to the fact that the proposed addition, when added to the
administratively approved additions currently under construction, exceeds the
threshold for administrative approval.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at their regular meetings on March 18, April 15, 2008 and at
field trips on April 15, 2008. 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
applicant's representative was 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. Section 17.46.030 requires a development plan to be submitted for
site plan review and approval before any development requiring a grading permit or
construction of any building or structure that is less than 1000 square feet or 25% of
the size of the existing residence. With respect to the Site Plan Review for construction
of the addition the Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structures comply with
the General Plan requirement of low profile, low-density residential development with
sufficient open space between surrounding structures. Except for the small
encroachment, the project will conform to Zoning Code setback requirements. The net
lot area of the lot is 70,240 square feet. The structural lot coverage proposed is 7,631
square feet or 10.9% of the net lot area. The total lot coverage proposed, including
structures and flatwork is 11,899 square feet or 16.9% of the net lot area, (35%
permitted). The proposed project is screened from the road so as to reduce the visual
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impact of the development. The proposed addition is located away from the area
visible from the road and is in the back of the property.
B. The project substantially preserves the natural and undeveloped state of
the lot by minimizing building coverage. The topography and the configuration of the
lot, has been considered, and it was determined that the proposed development will
not adversely affect or be materially detrimental to adjacent uses, buildings, or
structures because the proposed construction will be constructed on an existing
building pad, will be the least intrusive to surrounding properties, will be screened
and landscaped with existing mature shrubs, is of sufficient distance from nearby
residences so that it will not impact the view or privacy of surrounding neighbors,
and will permit the owners to enjoy their property without deleterious infringement
on the rights of surrounding property owners.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, and is consistent with the scale of the neighborhood when
compared to properties in the vicinity. The proposed project will follow the pattern
and style of the original residence.
D. The development plan incorporates existing trees and vegetation to the
maximum extent feasible. No existing plants or trees will be removed.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
construction will not cause the lot to look overdeveloped and will be located on an
existing pad and follow the line of existing development. Significant portions of the
lot will be left undeveloped. No grading is proposed with this addition and therefore
no changes will be made to the natural terrain of the lot.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will not change the existing circulation pattern and will utilize an
existing driveway.
G. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 5. 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 17.16.060 is required because it
states that every lot in the RAS-1 zone shall have side yard setback 20 feet from the
property line. The applicant is requesting a Variance to construct 280 square feet of
addition to the existing residence, which would encroach up to 3 feet into the side
setback. The variance is a minor variance due to the insignificant encroachment. With
respect to this request for a Variance, the Planning Commission finds as follows:
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A. There are exceptional and extraordinary circumstances and conditions
applicable to this property that do not apply generally to other properties or class of
uses in the same zone because the configuration of the existing structure, which is
located along the side setback line makes it infeasible to add in a different configuration
without creating notches in the roof line and in the addition.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties 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 zone. The encroachment permits the use of the
lot to the extent allowed for other properties with similar lot configurations. The
configuration and location of the existing residence make it difficult to make addition
elsewhere to the property without an encroachment. The Variance will permit the
development of the property in a manner consistent with surrounding properties and
the encroachment will follow the line of the current residence.
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. The minor encroachment in the side setback would
allow the remaining portion of the lot to remain undeveloped, would minimize grading
and would follow the existing line of the house. The area of addition is screened from
adjacent property owners and would not impair views. The structural lot coverage and
the total impervious lot coverage are within the requirements of the City.
D. 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 structural lot coverage and the total
impervious lot coverage are within the requirements of the City.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and a Minor Variance in Zoning Case No. 754 to
encroach up to 3 feet into the side setback with an addition, subject to the following
conditions:
A. The Variance and Site Plan approval shall expire within two years from
the effective date of approval as defined in Sections 17.46.080 and 17.38.070, unless
otherwise extended pursuant to the requirements of this section.
B. It is declared and made a condition of this approval 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, including, but not be limited to undergrounding of utility
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requirements, roof construction requirements and lighting requirements, and of the
zone in which the subject property is located must be complied with unless otherwise
set forth in this 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 dated March 12, 2008 except as otherwise provided in these
conditions.
E. The property on which the project is located contains an adequate stable
and corral, and shall remain on site and shall not be converted to other uses, which
are not allowed by the City.
F. The property owners shall comply with the requirements of the Lighting
Ordinance of the City of Rolling Hills, pertaining to lighting on said property.
G. The property owners shall comply with the requirements of Section
17.16.190 of the Zoning Ordinance pertaining to roof covering.
H. Utility lines serving subject residence shall be placed underground.
I. Structural lot coverage shall not exceed 7,631 square feet or 10.1% in
conformance with lot coverage limitations.
J. Total lot coverage of structures and paved areas shall not exceed 11,899
square feet or 16.9% in conformance with total lot coverage limitations.
K. The disturbed area of the lot shall not exceed 21,440 square feet or 30.5%
in conformance with disturbed area limitations.
L. Residential building pad coverage on the 34,800 square foot residential
building pad shall not exceed 20.5%, (not including the area of covered porches that
are 10% or less of the structures).
M. There shall be no grading for this project.
N. This project shall be reviewed and approved by RHCA.
O. 50% of construction debris shall be recycled or diverted from landfills.
Verification to be submitted to staff regarding how much material was generated,
how much was recycled and which facility the recycling material was taken to.
P. Perimeter easements and trails, including roadway easements shall
remain free and clear of any improvements including, but not be limited to, fences-
including construction fences, landscaping, irrigation and drainage devices, play
equipment, parked vehicles, building materials, debris and equipment, except that the
Rolling Hills Community Association may approve certain encroachments.
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Q. The side property lines, easement lines and setback lines in the area of
the construction shall be staked during the entire process of construction.
R. Should new landscaping be introduced for this project, the landscaping
shall include water efficient irrigation that incorporates low gallonage irrigation
system, utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and utilizes
means to reduce water waste resulting from runoff and overspray. Further,
landscaping shall be designed using mature trees and shrubs so as to screen the
residence but not to obstruct views of neighboring properties. Any new trees and
shrubs planned to be introduced in conjunction with this project shall, at maturity, not
be higher than the ridge height of the residence, and shall comply with the Fire
Department requirements for clearance of brush in proximity to structures.
S. 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.
T. During construction, conformance with the 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.
U. 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.
V. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
W. 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.
X. 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.
Y. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water in an approved manner.
Z. 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.
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AA. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Variance and Site Plan Reivew or it shall not be effective.
AB. All conditions of this Minor Variance and Site Plan approval, that apply,
must be complied with prior to the issuance of a building permit from the County of
Los Angeles.
AC. 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.
PASSED, APPROVED AND ADOPTED THIS 13th DAY OF MAY 2008.
74A`v
ROGE SOMMER CHAIRMAN
ATTEST:
MARILYN K RN, DEPUTY CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2008-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A MINOR
VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION
OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 754, AT 1
ACACIA ROAD, (LOT 26-RH), (POST).
was approved and adopted at a regular meeting of the Planning Commission on May
13, 2008 by the following roll call vote:
AYES: Commissioners DeRoy, Witte and Chairman Sommer.
NOES: None.
ABSENT: Commissioners Henke and Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
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