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754, Addition 280 SF, 28 in setback, Staff Reports I •v v \LNG HI(id, o 31 o City 0 /40//Ui _ _1 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF.90274 (310)377.1521 FAX:(310)377.7288 DATE: SEPTEMBER 16, 2008 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 761 SITE LOCATION: 12 EASTFIELD DRIVE (LOT 65-A-EF ZONING AND SIZE: RA-S-1, 0.92 ACRES (GROSS) APPLICANT: MR. AND MRS. ITOH REPRESENTATIVE: CRISS GUNDERSON, ARCHITECT PUBLISHED: SEPTEMBER 6, 2008 REQUEST AND RECOMMENDATION 1. The applicants request a Minor Variance to construct a 196 square foot addition, of which 2 square feet would encroach at a maximum 1-foot into the side yard setback at an existing single family residence. 2. It is recommended that the Planning Commission, after visiting the site earlier today, review the staff report, open the continued public hearing, take public testimony, consider the criteria for granting variances and provide direction to staff. BACKGROUND 3. The proposal calls for a Minor Variance for a 1-foot encroachment into the side yard setback with two square feet of the addition. Approximately 115 square feet of the existing 3,091 square foot residence encroaches into the side setback and 350square feet encroaches into the front yard setback. The addition, minus the encroachment, is subject to administrative approval (over-the counter) due to it being less than 1,000 square feet. 4. A minor variance is a deviation from the development standards where the attached structure encroaches no more than 5 feet into the setback. 5. There are no building records on this property prior to 1977. The Assessor's records show that the residence was built in 1951 and re-assessed in 1962. A building permit was issued in 1977 for 1,397 square foot addition, but it expired and no construction took place. A swimming pool was built in 1978 and fire damage was repaired in 1979. A new roof was installed in 2001. ZC NO.761 1 12 Eastfield 0Printed on Recycled Paper 6. The property is zoned RAS-1 and consists of 0.92 acres gross (40,030 square feet). The net lot area for development purposes is 31,831 square feet. 7. With the proposed 196 square foot addition the property will be developed with a 3,287 square foot residence, 709 square foot garage, 705 square foot swimming pool, 54 square feet pool equipment area, 307 square feet porches (in the front and back), and a service yard. An area of 1,000 square feet is set aside for a future stable in the rear of the property, with adequate access. MUNICIPAL CODE COMPLIANCE 8. The 2 square foot encroachment into the side setback would follow the encroachment of the existing residence. 9. The proposed addition is under an existing porch. The plot plan shows that the existing porch will be pushed out beyond the addition and the square footage (81 sq.ft.) is included with this application. 10. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected as the front of the residence drains to the front and the rear to the rear. 11. The net lot area of the lot is 31,831 square feet. The structural lot coverage proposed is 5,608 square feet or 17.6% of the net lot area, (20% permitted); the total lot coverage including structures and flatwork is proposed at 10,331 square feet or 32.5-% of the net lot area, (35% permitted). 12. The residential building pad on this property, not in setbacks is 13,585 square feet. No grading or increase in the building pad is proposed. The coverage on this pad, which includes the future stable, will be 39.02%, (excluding the porch). Currently, the building pad coverage is 34.3%. 13. The disturbed area of the lot is 24,351 square feet or 76.5% of the net lot area, which exceeds the 40% maximum permitted. However, the area was disturbed prior to City's 40% requirement and the new addition will not cause it to be greater than the existing non-conforming disturbance. 14. In response for justification for the Minor Variance request for the encroachment with the addition into the side setback, the applicant's representative states in part that the lot is developed in such a way that the existing structure already encroaches into the setbacks and in order to continue along the same wall a small encroachment is needed. He further states that the residence is in an area of the city where most homes were built to old requirements and therefore encroach into setbacks. 15. It will be a condition of this approval, if approved, that the utility lines be placed underground and that the roofing material meet City and RHCA standard for Class "A" roof. ZC NO.761 2 12 Eastfield i • CONCLUSION 16. The application calls for an addition, of which 2 square feet would encroach into the side yard setback. The encroachment is proposed to be along the line of the existing structure, and is one foot at maximum. 17. The Planning Commission must find that the application meets the criteria for granting of a Variance for encroachment. 18. The proposed encroachment will not be detrimental to other properties as it is a very insignificant considering the existing encroachments on the property and it follows the line of the existing encroachment. 19. The disturbed lot area is 76.5% of the net lot area, which greatly exceeds the maximum permitted. However, no additional disturbance is proposed and the exceedance is legal non-conforming condition. OTHER AGENCIES REVIEW 20. The Rolling Hills Community Association Architectural Committee will review the project for architectural elements and design at a later date. 21. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO.761 3 12 Eastfield • S • ZONING CASE NO. 761 SITE PLAN REVIEW EXISTING PROPOSED RA-S-1 ZONE SETBACKS Single family residence, Variance for addition that Front: 50 ft. from front which encroaches into side would encroach into the side easement line and front yard setback yard setback Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Residence 3091 sq.ft. Residence 3287 sq.ft. (Site Plan Review required if Garage 709 sq.ft Garage 709 sq.ft. size of structure increases by at Stable 0 sq.ft. Stable (future) 450 sq.ft. least 1,000 sq. ft. and has the Service yd 96 sq.ft. Service Yd. 96 sq.ft. effect of increasing the size of Pool 705 sq.ft. Porches 307 sq.ft. the structure by more than 25% Pool equip. 54 sq.ft. Pool 705 sq.ft. in a 36-month period). Coy. porch 236 sq.ft. Pool eq. 54 sq.ft. 4,881 sq.ft. TOTAL 5,608 sq.ft. TOTAL STRUCTURAL LOT 15.3% 17.6% of 31,831 sq.ft. net lot COVERAGE area (20% maximum) TOTAL LOT COVERAGE 30.9-% 32.5% of 31,831 sq.ft. net lot (35% maximum) area BUILDING PAD COVERAGE RESIDENTIAL 34.3% 39.02% including stable COVERAGE (30% max) GRADING N/A None Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft. DISTURBED AREA 76.5% 76.5% (40% maximum; STABLE (minimum 450 sq. ft.) Future CORRAL (minimum 550 sq. ft.) STABLE ACCESS Future ACCESSWAY Existing from Eastfield Existing from Eastfield VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review ZC NO. 761 4 12 Eastfield • • 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.761 5 12 Eastfield A r. ! 0 �\NG HI(I& Off' ' 'c) B� i Li-C:t. r C. City 0 Rolling ifili INCORPORATED JANUARY 24, 1957 r : z a _ NO. 2 PORTUGUESE BEND ROAD -- ROLLING HILLS,CALIF. 90274 (310)377-1521 FAX:(310)377.7288 Agenda Item No.: 4A Mtg. Date: 6/09/08 DATE: JUNE 9 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: 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). RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST 1. The applicants requested a Site Plan Review and Minor Variance to construct a 280 square foot addition, of which 28 square feet would encroach at a maximum 3-feet into the side yard setback at an existing single family residence. A Site Plan Review is necessary due to the fact that the combination of the previous approval and the new addition exceed the threshold for over the counter approvals within a three-year period. BACKGROUND 2. The proposal calls for a Site Plan Review to construct an addition and a Minor Variance for up to a 3-foot encroachment into the side yard setback. Five square feet of the existing residence encroaches into the side setback, and the proposed encroachment will follow the existing line of encroachment. The proposed encroachment varies from one foot to 3-feet over 14 foot long addition. ZC NO.754 1 OD 1 Acacia Road 0 Printed on Recycled Paper 41) 3. At the May '13, 2008 Planning Commission meeting the Commission adopted Resolution No. 2008-08 granting approval of this case. The vote was 3-0-2. Commissioners Henke and Smith were absent and excused. However, at the April Planning Commission meeting the direction to staff to prepare a resolution to approve the project was unanimous. 4. A minor variance is a deviation from the development standards where the attached structure encroaches no more than 5 feet into the setback. 5. The Assessors records show that the residence was built in 1937. Electrical and plumbing permits were pulled in 1959. A 636 square foot stable and the studio were constructed in 1985. In 1998 an administrative approval was granted for a 982 square foot addition to the residence, which was completed in 1999. In May 2007, an administrative approval was granted for an 889 square foot addition and a 799 square foot swimming pool. The addition is currently under construction. 6. Pursuant to the Municipal Code additions that are less than 1,000 square feet or 25% of the size of the structure, whichever is greater may be administratively approved within 36-month time period. The time is measured from the date that a final inspection was issued for a prior addition. The proposed addition requires Planning Commission review, because it exceeds 999 square feet, when added to the 889 square feet approved administratively in 2007. 7. The property is zoned RAS-1 and consists of 1.84 acres gross (80,150 square feet). The net lot area for development purposes is 70,240 square feet. The side of the lot abuts Palos Verdes Drive North. 8. With the addition currently under construction the property will be developed with 4,080 square foot residence, 600 square foot garage, 400 square foot studio, 640 square feet covered porches (216 sq.ft. by the residence and 424 sq.ft. by the stable), 799 square foot swimming pool with 100 square foot pool equipment area (previously approved-not yet constructed), 636 square foot stable, and a service yard. With the proposed addition of 280 square feet the residence would be 4,360 square feet. MUNICIPAL CODE COMPLIANCE 9. The proposed 280 square foot addition of which 28 square foot would encroach into the side setback would be an extension of the existing residence. 10. A 636 square foot stable with corral exist on the lot, meeting the City's requirement for a stable and corral. The existing driveway and driveway approach from Acacia Road will remain. 11. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected as the drainage from the building pad drains to the front. ZC NO.754 2 1110 1 Acacia Road • • 12. 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, (20% permitted); the total lot coverage including structures and flatwork is proposed at 11,899 square feet or 16.9% of the net lot area, (35% permitted). 13. The residential building pad on this property, not in setbacks is 34,800 square feet. No grading or increase in the building pad is proposed. The coverage on this pad, which includes the stable, although the stable is outside the building pad in the setback, will be 20.5%, (including the area of the covered porches that exceed 10% of the structures to which they are attached). Currently, the building pad coverage is 19.8%. 14. The disturbed area of the lot is 21,440 square feet or 30.5% of the net lot area. 15. In response for justification for the Minor Variance request for the encroachment with the addition into the side setback, the applicant's representative states in part that the lot is developed in such a way that the existing structure already encroaches into the setbacks and in order to continue along the same wall a small encroachment is needed. 16. The utility lines to the property have been placed underground and the roofing material will meet City and RHCA standard for Class "A" roof. CONCLUSION 17. The application calls for an addition, of which 28 square feet would encroach into the side yard setback. The encroachment is proposed to be along the line of the existing structure, and range from 1-foot to 3-foot encroachment over 14 foot long addition. 18. The Planning Commission found that the application meets the criteria for granting of a Variance for encroachment and for Site Plan, because the original placement of the residence precludes the previous and currently proposed addition to be in a different location, away from the side setback; the addition is located approximately 64 feet to a neighboring structure, which is a barn; 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; no grading is proposed with this addition and therefore no changes will be made to the natural terrain of the lot; the property has mature trees and shrubs and the development is well screened from the neighbors and the encroachment is very minial. OTHER AGENCIES REVIEW 19.` The Rolling Hills Community Association Architectural Committee will review the project for architectural elements and design at a later date. 20. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act(CEQA). ZC NO.754 3 1 Acacia Road \J • ZONING CASE NO. 754 SITE PLAN REVIEW CURRENTLY UNDER CURRENTLY PROPOSED CONSTRUCTION RA-S-1 ZONE SETBACKS Single family residence, SPR and Variance for addition Front: 50 ft. from front which encroaches one foot that would encroach into the easement line into side yard setback side yard setback, bt. 1-3 feet Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Residence 4080 sq.ft. Residence 4360 sq.ft. (Site Plan Review required if Garage 600 sq.ft Garage 600 sq.f.t. size of structure increases by at Stable 636 sq.ft. Stable 636 sq.ft. least 1,000 sq.ft. and has the Studio 400 sq.ft. Studio 400 sq,ft, effect of increasing the size of Service yd 96 sq.ft. Service Yd. 96 sq.ft. the structure by more than 25% Pool 799 sq.ft. Coy. Porch 640 sq.ft. in a 36-month period). Pool equip. 100 sq.ft. Pool 799 sq.ft. Coy. porch 640 sq.ft. Pool eq. 100 sq.ft. TOTAL 7351 sq.ft. TOTAL 7631 sq.ft. STRUCTURAL LOT 10.5% 10.9% of 70,240 sq.ft. net lot COVERAGE area (20% maximum) TOTAL LOT COVERAGE 16.5% 16.9% of 70,240 sq.ft. net lot (35% maximum) area BUILDING PAD COVERAGE RESIDENTIAL 19.8 % 20.5% including stable COVERAGE (30% max) GRADING N/A None Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA 30.5% 30.5% (40% maximum; STABLE (minimum 450 sq. ft.) Existing Existing CORRAL (minimum 550 sq. ft.) STABLE ACCESS Existing Existing ACC ESSWAY Existing from Acacia Road Existing from Acacia Road VIEWS N/A Planning Commission condition PLANTS AND ANIMALS N/A .Planning Commission condition ZC NO.754 4 1 Acacia Road Ot • • ADJACENT PROPERTIES: FOR INFORMATION ONLY BUILD/ ADDED OR ADDRESS OWNER RESIDENCE LOT AREA** REMODELED 3 Acacia Road Cage 2,718 1.64 1938/1952 5 Acacia Road Breitenstein 2,205 1.78 1937 7 Acacia Road Werksman 4,401* 1.48 1937/1986/1997 1 Acacia Lane Lieb 4864* 1.85 1948/1972/1983 2 Acacia Lane Okada 3,909* 0.96 1948//1986 Average 3,619 1.54 1 Acacia Road Post 4,080 under 1.74 1937/1961/1999 construction 4.360 Proposed SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.754 5 1 Acacia Road • • 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.754 6 1 Acacia Road • 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 Reso. 2008-08 Post •• y 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 cievelopMent, 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: Reso..2008-08 2 Post ! ! 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 Reso. 2008-08 3 3 Post • • . • • • 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. Reso. 2008-08 4 Post . S 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 Nvind 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. Reso. 2008-08 5 e Post a 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. 7". 74"' ROGE pOMMER CHAIRMAN ATTEST: • MARILYN K r RN, DEPUTY CITY CLERK • Reso. 2008-08 6 Post /L. gir 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. , -1 l k Lam, DEPUTY CIT1, CLERK Reso.2008-08 7 41ip Post r y+ ram; • IP _ oGH,„,,, G Pc — ,,, . .['3= City ® Roiling T fdC'.0[,I ORATLD JANUARY 24, 1957 p p Y _ c, - a _ NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF.90274 (310)377-1521 50TH ANNIVERSARY FAX:(310)377.7288 1957 - 2007 DATE: MAY 13, 2008 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 754 SITE LOCATION: 1 ACACIA ROAD (LOT 26-RH) ZONING AND SIZE: RA-S-1, 1.84 ACRES (GROSS) APPLICANT: MR. AND MRS. POST REPRESENTATIVE: DOUG MCHATTIE, BOLTON ENGINEERING PUBLISHED: MARCH 8, 2008 REQUEST AND RECOMMENDATION The applicants requested a Site Plan Review and Minor Variance to construct a 280 square foot addition, of which 28 square feet would encroach at a maximum 3-feet into the side yard setback at an existing single family residence. A Site Plan Review is necessary due to the fact that the combination of the previous approval and the new addition exceed the threshold for over the counter approvals within a three-year period. It is recommended that the Planning Commission, review the draft Resolution and adopt Resolution No. 2008-08 with conditions. BACKGROUND 1. At the April 15, 2008 Planning Commission meeting the Commission directed staff to prepare a Resolution approving the proposed project. The vote was 5-0. 2. The attached Resolution No. 2008-08 contains standard findings of facts and conditions of approval. V ®Printed on Recycled Paper c, 4110 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 Reso.2008-08 1 Post. • �. 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: Reso. 2008-08 2 41/0 Post I • 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 Reso.2008-08 3 Post S 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. Reso. 2008-08 4 S Post � 1110 • 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. Reso.2008-08 5 CD, Post • 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. ROGER SOMMER CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso.2008-08 6 IIID Post • 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso.2008-08 7 Post LNG Ht(t' • • ai 1:2) 1.LO iy II' le - ity 0/ oiling ...,41 i 6 INCORPORATED JANUARY 24, 1957 1 c� a; NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS.CALIF.90274 50TH ANNIVERSARY (310)377-1521 FAX:(310)377-7288 1957 - 2007 DATE: APRIL 15, 2008 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 754 SITE LOCATION: 1 ACACIA ROAD (LOT 26-RH) ZONING AND SIZE: RA-S-1, 1.84 ACRES (GROSS) APPLICANT: MR. AND MRS. POST REPRESENTATIVE: DOUG MCHATTIE, BOLTON ENGINEERING PUBLISHED: MARCH 8, 2008 REQUEST AND RECOMMENDATION 1. The applicants request a Site Plan Review and Minor Variance to construct a 280 square foot addition, of which 28 square feet would encroach at a maximum 3- feet into the side yard setback at an existing single family residence. A Site Plan Review is necessary due to the fact that the combination of the previous approval and the new addition exceed the threshold for over the counter approvals within a three-year period. 2. It is recommended that the Planning Commission review the staff report, continue the public hearing, take public testimony, consider the criteria for granting variances and site plan review and provide direction to staff. BACKGROUND 3. The proposal calls for a Site Plan Review to construct an addition and a Minor Variance for up to a 3-foot encroachment into the side yard setback. Five square feet of the existing residence encroaches into the side setback, and the proposed encroachment will follow the existing encroachment. The proposed encroachment varies from one foot to 3-feet over 14 foot long addition. 4. A minor variance is a deviation from the development standards where the attached structure encroaches no more than 5 feet into the setback. 5. There are no building records on this property prior to 1959. The Assessors records show that the residence was built in 1937. Electrical and plumbing permits were pulled in 1959. A 636 square foot stable and the studio were constructed in 1985. In 1998 an administrative approval was granted for a 982 square foot ZC NO.754 1 1 Acacia Road 0) 0 Printed on Recycled Paper addition to the residence, which was completed in 1999. In May 2007, an administrative approval was granted for an 889 square foot addition and a 799 square foot swimming pool. The addition is currently under construction. 6. Pursuant to the Municipal Code additions that are less than 1,000 square feet or 25% of the size of the structure, whichever is greater may be administratively approved within 36-month time period. The time is measured from the date that a final inspection was issued for a prior addition. The proposed addition requires Planning Commission review, because it exceeds 999 square feet, when added to the 889 square feet approved administratively in 2007. 7. The property is zoned RAS-1 and consists of 1.84 acres gross (80,150 square feet). The net lot area for development purposes is 70,240 square feet. The side of the lot abuts Palos Verdes Drive North. 8. With the addition currently under construction the property will be developed with 4,080 square foot residence, 600 square foot garage, 400 square foot studio, 640 square feet covered porches (216 sq.ft. by the residence and 424 sq.ft. by the stable), 799 square foot swimming pool with 100 square foot pool equipment area (previously approved-not yet constructed), 636 square foot stable, and a service yard. With the proposed addition of 280 square feet the residence would be 4,360 square feet. MUNICIPAL CODE COMPLIANCE 9. The proposed 280 square foot addition of which 28 square foot would encroach into the side setback would be an extension of the existing residence. 10. A 636 square foot stable with corral exist on the lot, meeting the City's requirement for a stable and corral. The existing driveway and driveway approach from Acacia Road will remain. 11. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected as the drainage from the building pad drains to the front. 12. 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, (20% permitted); the total lot coverage including structures and flatwork is proposed at 11,899 square feet or 16.9% of the net lot area, (35% permitted). 13. The residential building pad on this property, not in setbacks is 34,800 square feet. No grading or increase in the building pad is proposed. The coverage on this pad, which includes the stable, although the stable is outside the building pad in the setback, will be 20.5%, (including the area of the covered porches that exceed 10% of the structures to which they are attached). Currently, the building pad coverage is 19.8%. ZC NO.754 2 1 Acacia Road • • 14. The disturbed area of the lot is 21,440 square feet or 30.5% of the net lot area. 15. In response for justification for the Minor Variance request for the encroachment with the addition into the side setback, the applicant's representative states in part that the lot is developed in such a way that the existing structure already encroaches into the setbacks and in order to continue along the same wall a small encroachment is needed. 16. The utility lines to the property have been placed underground and the roofing material will meet City and RHCA standard for Class "A" roof. CONCLUSION 17. The application calls for an addition, of which 28 square feet would encroach into the side yard setback. The encroachment is proposed to be along the line of the existing structure, and range from 1-foot to 3-foot encroachment over 14 foot long addition. 18. The Planning Commission must find that the application meets the criteria for granting of a Variance for encroachment. 19. Some of the Goals and Policies of the Land Use Element of the General Plan that would be applicable to this application and should be considered by the Planning Commission include City's goal "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses" and" require that development conform with the City's existing low-profile, ranch style architecture". The proposed encroachment will be 64 feet from a structure on the adjacent lot. 20. The original placement of the residence precludes the previous and currently proposed addition to be in a different location, away from the side setback. OTHER AGENCIES REVIEW 21. The. Rolling Hills Community Association Architectural Committee will review the project for architectural elements and design at a later date. 22. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO.754 3 1 Acacia Road • • ZONING CASE NO. 754 SITE PLAN REVIEW CURRENTLY UNDER CURRENTLY PROPOSED CONSTRUCTION RA-S-1 ZONE SETBACKS Single family residence, SPR and Variance for addition Front: 50 ft. from front which encroaches one foot that would encroach into the easement line into side yard setback side yard setback, bt. 1-3 feet Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Residence 4080 sq.ft. Residence 4360 sq.ft. (Site Plan Review required if Garage 600 sq.ft Garage 600 sq.f.t. size of structure increases by at Stable 636 sq.ft. Stable 636 sq.ft. least 1,000 sq. ft. and has the Studio 400 sq.ft. Studio 400 sq,ft, effect of increasing the size of Service yd 96 sq.ft. Service Yd. 96 sq.ft. the structure by more than 25% Pool 799 sq.ft. Porches 640 sq.ft. in a 36-month period). Pool equip. 100 sq.ft. Pool 799 sq.ft. Coy. porch 640 sq.ft. Pool eq. 100 sq.ft. TOTAL 7351 sq.ft. TOTAL 7631 sq.ft. STRUCTURAL LOT 10.5% 10.9%of 70,240 sq.ft. net lot COVERAGE area (20% maximum) TOTAL LOT COVERAGE 16.5% 16.9% of 70,240 sq.ft. net lot (35% maximum) area BUILDING PAD COVERAGE RESIDENTIAL 19.8 % 20.5% including stable COVERAGE (30% max) GRADING N/A None Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA 30.5% 30.5% (40% maximum; STABLE(minimum 450 sq. ft.) Existing Existing and CORRAL(minimum 550 sq. ft.) Existing STABLE ACCESS Existing Existing ACCESSWAY Existing from Acacia Road Existing from Acacia Road VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review ZC NO.754 4 1 Acacia Road A • ADJACENT PROPERTIES: FOR INFORMATION ONLY BUILD/ ADDED OR ADDRESS OWNER RESIDENCE LOT AREA** REMODELED 3 Acacia Road Cage 2,718 1.64 1938/1952 5 Acacia Road Breitenstein 2,205 1.78 1937 7 Acacia Road Werksman 4,401* 1.48 1937/1986/1997 1 Acacia Lane Lieb 4864* 1.85 1948/1972/1983 2 Acacia Lane Okada 3,909* 0.96 1948//1986 Average 3,619 1.54 1 Acacia Road Post 4,080 under 1.74 1937/1961/1999 construction 4,360 Proposed SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.754 5 (1) 1 Acacia Road • 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.754 6 1 Acacia Road �CxHI(l ` S . -�- ®� Esc P"p --c . .A -( 1_: T. CTO ®ng ......Ali J INCORPORATED JANUARY 24, 1957 .-L NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF.90274 50TH ANNIVERSARY c310)377.1521 1957 - 2007 FAX:(310)377-7288 DATE: MARCH 18, 2008 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 754 SITE LOCATION: 1 ACACIA ROAD (LOT 26-RH) ZONING AND SIZE: RA-S-1, 1.84 ACRES (GROSS) APPLICANT: MR. AND MRS. POST REPRESENTATIVE: BOLTON ENGINEERING PUBLISHED: MARCH 8, 2008 REQUEST AND RECOMMENDATION 1. The applicants request a Site Plan Review and Minor Variance to construct a 280 square foot addition, of which 28 square feet would encroach at maximum 3- feet into the side yard setback at an existing single family residence. A Site Plan Review is necessary due to the fact that the combination of the previous approval and the new addition exceed the threshold for over the counter approvals. 2. It is recommended that the Planning Commission review the staff report, take public testimony, consider the criteria for granting variances and schedule a field visit to the site. BACKGROUND 3. The proposal calls for a Site Plan Review to construct an addition and a Minor Variance for up to 3-foot encroachment into the side yard setback. Five square feet of the existing residence encroaches into the side setback, and the proposed encroachment will follow the existing encroachment. The proposed encroachment varies from one foot to 3-feet over 14 foot long addition. 4. A minor variance is a deviation from the development standards where the attached structure encroaches no more than 5 feet into the setback. 5. There are no building records on this property prior to 1959. The Assessors records show that the residence was built in 1937. Electrical and plumbing permits were pulled in 1959. A 636 square foot stable and the studio were constructed in 1985. In 1998 an administrative approval was granted for a 982 square foot addition to the residence, which was completed in 1999. In May 2007, an ZC NO.754 1 1 Acacia Road ®Printed on Recycled Paper S administrative approval was granted for an 889 square foot addition and a 799 square foot swimming pool. The addition is currently under construction. 6. Pursuant to the Municipal Code additions that are less than 1,000 square feet or 25% of the size of the structure, whichever is greater may be administratively approved within 36-month time period. The time is measured from the date that a final inspection was issued for a prior addition. The proposed addition requires Planning Commission review, because it exceeds 999 square feet, when added to the 889 square feet approved administratively in 2007. 7. The property is zoned RAS-1 and consists of 1.84 acres gross (80,150 square feet). The net lot area for development purposes is 70,240 square feet. The side of the lot abuts Palos Verdes Drive North. 8. With the addition currently under construction the property will be developed with 4,080 square foot residence, 600 square foot garage, 400 square foot studio, 640 square feet covered porches (216 sq.ft. by the residence and 424 sq.ft. by the stable), 799 square foot swimming pool with 100 square foot pool equipment area (previously approved-not yet constructed), 636 square foot stable, and a service yard. With the proposed addition of 280 square feet the residence would be 4,360 square feet. MUNICIPAL CODE COMPLIANCE 9. The proposed 280 square foot addition of which 28 square foot would encroach into the side setback would be an extension of the existing residence. 10. A 636 square foot stable with corral exist on the lot, meeting the City's requirement for a stable and corral. The existing driveway and driveway approach from Acacia Road will remain. 11. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected as the drainage from the building pad drains to the front. 12. 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, (20% permitted); the total lot coverage including structures and flatwork is proposed at 11,899 square feet or 16.9% of the net lot area, (35% permitted). 13. The residential building pad on this property, not in setbacks is 34,800 square feet. No grading or increase in the building pad is proposed. The coverage on this pad, which includes the stable, although the stable is outside the building pad in the setback, will be 20.5%, (including the area of the covered porches that exceed 10% of the structures to which they are attached). Currently, the building pad coverage is 19.8%. 14. The disturbed area of the lot is 21,440 square feet or 30.5% of the net lot area. ZC NO.754 2 1 Acacia Road • • 15. In response for justification for the Minor Variance request for the encroachment with the addition into the side setback, the applicant's representative states in part that the lot is developed in such a way that the existing structure already encroaches into the setbacks and in order to continue along the same wall a small encroachment is needed. 16. The utility lines to the property have been placed underground and the roofing material will meet City and RHCA standard for Class "A" roof. CONCLUSION 17. The application calls for an addition, of which 28 square feet would encroach into the side yard setback. The encroachment is proposed to be along the line of the existing structure, and range from 1-foot to 3-foot encroachment over 14 foot long addition. 18. The Planning Commission must find that the application meets the criteria for granting of a Variance for encroachment. 19. Some of the Goals and Policies of the Land Use Element of the General Plan that would be applicable to this application and should be considered by the Planning Commission include City's goal "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses" and" require that development conform with the City's existing low-profile, ranch style architecture". The proposed encroachment will be 64 feet from a structure on the adjacent lot. 20. The original placement of the residence precluded the previous and currently proposed addition to be in a different location, away from the setback. OTHER AGENCIES REVIEW 21. The Rolling Hills Community Association Architectural Committee will review the project for architectural elements and design at a later date. 22. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO.754 3 411) 1 Acacia Road • • '. ZONING CASE NO. 754 SITE PLAN REVIEW CURRENTLY UNDER CURRENTLY PROPOSED CONSTRUCTION RA-S-1 ZONE SETBACKS Single family residence, SPR and Variance for addition Front: 50 ft. from front which encroaches one foot that would encroach into the easement line into side yard setback side yard setback, bt. 1-3 feet Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES Residence 4080 sq.ft. Residence 4360 sq.ft. (Site Plan Review required if Garage 600 sq.ft Garage 600 sq.f.t. size of structure increases by at Stable 636 sq.ft. Stable 636 sq.ft. least 1,000 sq. ft. and has the Studio 400 sq.ft. Studio 400 sq,ft, effect of increasing the size of Service yd 96 sq.ft. Service Yd. 96 sq.ft. the structure by more than 25% Pool 799 sq.ft. Porches 640 sq.ft. in a 36-month period). Pool equip. 100 sq.ft. Pool 799 sq.ft. Coy. porch 640 sq.ft. Pool eq. 100 sq.ft. TOTAL 7351 sq.ft. TOTAL 7631 sq.ft. STRUCTURAL LOT 10.5% 10.9%of 70,240 sq.ft. net lot COVERAGE area (20% maximum) TOTAL LOT COVERAGE 16.5% 16.9%of 70,240 sq.ft. net lot (35% maximum) area BUILDING PAD COVERAGE RESIDENTIAL 19.8 % 20.5% including stable COVERAGE (30% max) GRADING N/A None Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA 30.5% 30.5% (40% maximum; STABLE(minimum 450 so. ft.) Existing Existing and CORRAL (minimum 550 sq. ft.) Existing STABLE ACCESS Existing Existing ACCESSWAY Existing from Acacia Road Existing from Acacia Road VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review ZC NO.754 4 1 Acacia Road • ADJACENT PROPERTIES: FOR INFORMATION ONLY BUILD/ ADDED OR ADDRESS OWNER RESIDENCE LOT AREA** REMODELED 3 Acacia Road Cage 2,718 1.64 1938/1952 5 Acacia Road Breitenstein 2,205 1.78 1937 7 Acacia Road Werksman 4,401* 1.48 1937/1986/1997 1 Acacia Lane Lieb 4864* 1.85 ; 1948/1972/1983 2 Acacia Lane Okada 3,909* 0.96 1948//1986 Average 3,619 1.54 1 Acacia Road Post 4,080 under 1.74 1937/1961/1999 construction 4,360 Proposed SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.754 5 0 1 Acacia Road • 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. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO.754 6 IS 1 Acacia Road