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763, New Construction of a SFR. Fo, Staff Reports• C1ty 01 l2!lng JId/ DATE: DECEMBER 17, 2008 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item No.: 5A Mtg. Date: 12/17/08 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION NO. 2008-20. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVALS FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A MINOR VARIANCE TO ENCROACH WITH 20 SQUARE FEET MAXIMUM INTO A SIDE YARD SETBACK IN ZONING CASE NO. 763, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. REOUEST 1. The applicants Drs. James and Karen Black request a Site Plan Review to construct a new 8,318 square foot residence (no basement), 669 square foot garage; 1,270 square feet attached trellises, 64 square feet entryway, 1,719 square feet covered porches, to replace an existing residence, and a Minor Variance to encroach with maximum 20 square feet of the new residence up to 4.4 feet into the side yard setback. The applicants do not propose to modify an existing 1,500 square foot stable or the existing 1,185 square foot pool with spa. A Minor Variance is required to allow to project a portion of the structure no more than five feet into a required 35-foot side yard setback. BACKGROUND 2. At the December 9, 2008 Planning Commission meeting the Commission adopted Resolution No. 2008-20 granting approval of this case. The vote was 4-0- ZC NO. 763 2 Appaloosa n Printed on Recycled Paper • • 1. Commissioner Summer was absent. Together with the standard conditions, the Planning Commission applied the following additional conditions: • That no further development or grading may be permitted on the property unless reviewed and approved by the Planning Commission • That the Minor Variance approval shall not exceed 20 square feet and may not project more than 5 feet into the side yard setback • That the driveway be widened and a hammer head turn around be added as required by the Fire Department and that it be approved by the Fire Department • That no construction vehicles be parked on Appaloosa Lane, and that Appaloosa Lane remain open at all times for vehicular, including emergency, traffic • That the setback and property lines in the vicinity of the construction be staked/delineated throughout the construction process • That easements (front) remain free of debris, material, vegetation and any structures, unless otherwise approved by the RH Community Association • That the gazebo located in the rear setback be demolished • That the applicant obtain building permits for two trellises previously constructed on the property • That 50% of the construction and demolition material be recycled • That if any trees are planted on the property that at maturity they do not exceed the height of the ridgeline of the residence 3. The property is zoned RAS-2 and the gross lot area is 5.0 acres. The net lot area, as calculated for development purposes, is 179,000 square feet or 4.1 acres. The lot is irregular in shape. A roadway easement is located along the westerly side of the property, however, the actual paved road, Appaloosa Lane, is located outside the roadway easement on adjacent lot at 3 Appaloosa Lane. Portion of Appaloosa Lane that crosses the subject property is a "double private" road, meaning that it has not been accepted into the RHCA roadway system. The "double private" portion of the road divides the property and provides access to two other properties, 4 and 5 Appaloosa Lane. 4. During the Planning Commission proceedings the Planning Commission and a neighbor (letter enclosed) expressed concerns regarding the proposed encroachment. The neighbor also expressed concerns regarding view obstruction and the driveway at the junction of the two properties. The applicants revised the project by reducing the encroachment by 34 square feet, widening the driveway and providing a hammerhead turn around at the end of their driveway. The residence was reduced in size by 63 square feet in total. Per the neighbors' request the Commission viewed the project in the field from the neighbors property. 5. The applicants' representatives met with the Fire Department regarding the driveway and incorporated the Fire Department's recommendations into the proposed plan. ZC NO. 763 2 Appaloosa • • 6. The property is currently developed with a 4,110 square foot residence with 700 square feet attached trellises, 479 square foot garage and 1,185 square foot swimming pool, 90 square foot pool equipment area, 1,500 square foot stable, service yard and detached trellises. A 144 square foot gazebo is located in the rear setback. The applicants propose to demolish that gazebo. There are no building permits on record for the gazebo or the two detached trellises on the property. It is required as condition of this application that the applicants obtain a building permit for the trellises. 7. The property drains in a sheet flow in northerly direction into a natural drainage course that flows into a large drainage pipe located just off of the northern tip of the property. The flow pattern is not proposed to be altered. 8. Several So. Ca. Edison Company easements cross the property. Those easements will not be affected by the proposed construction. A garden wall along the existing driveway will be removed. Access to the residence will be taken from the existing driveway. All of the existing accessory structures, except the gazebo, will remain on the property and include the stable, swimming pool, spa and detached trellises. MUNICIPAL CODE COMPLIANCE 9. The request for a minor Variance is to encroach 4.4 feet into the required 35- foot side setback at three corners of the residence, for a total encroachment of 20 square feet. No basement or grading is proposed with this application and no increase of the building pad is requested. 10. The net lot area of the lot is 179,000 square feet. The structural lot coverage is proposed to be 14,911 square feet or 8.3% of the net lot area (20% maximum permitted). This does not include the 643 square foot detached trellises. Total lot coverage, including structures, driveways, and all other paved areas is proposed to be 32,764 square feet or 18.3% of the net lot area (35% maximum permitted). 11. 84,000 square feet or 47% of the net lot has been previously disturbed. No additional disturbance is proposed with this development, as the project will be located on an existing building pad. The exceedance of the maximum permitted 40% disturbance is a pre-existing condition, very likely occurring prior to 1995, when the regulations for maximum disturbance became effective. Therefore, since the disturbance is not proposed to be greater than existing, no variance is required. 12. The existing residential building pad is 60,500 square feet. The residential building pad coverage will be 12,690 square feet or 21.0%. This includes the stable, but excludes the allowances for attached porches, (10% of the size of the house or 838 s.f., attached trellises -1,292 s.f., and detached trellises-643 s.f.). Including all of the structures the building pad coverage would be 25.7%. Currently, including all structures, the building pad coverage is 14.8%. ZC NO. 763 2 Appaloosa 3 • • 13. The applicants propose to retain as much of the existing vegetation and trees as possible and only the landscaping on the building pad where the new residence will be constructed will be altered. The maximum height of the residence is proposed to be 21' 4" in height. 14. There are several utility poles on the property. It is a requirement of this approval that the utility lines serving the residence be placed underground. The applicants are also required to meet the City and Association's requirements for roofing material, outdoor lighting and all other zoning and building regulations. 15. The applicants conducted soils and geology study on this property. Their consultants determined that the lot is stable from a geotechnical standpoint, as long as no grading is proposed. The LA County soils and geology engineers are in the process of reviewing the report. The preliminary response from the County seems to be in agreement with the applicants' consultants. 16. In response to justification for requesting a minor variance for encroachment into the side yard setback, the applicants state that the encroachment is minimal (4.4 feet) and the setback for the rest of the structure in that side average well over the required 35 feet and all other sides are considerably greater than the required minimum; would not interfere with other residences in the vicinity, as the closest residence is 160 feet away and the closest structure is a tennis court over 55 feet from the proposed encroachment; the building pad is existing and it would not be advisable to grade a larger pad to accommodate the addition. In addition, the existing structures on the lot, particularly the spa and swimming pool prevent the residence to be moved further west. CONCLUSION 17. When reviewing a site plan review application the Planning Commission considered whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 18. In considering the request for a minor variance, the Commission considered the criteria for granting of a variance. 19. All of the development standards will be met with this project. The disturbed area of the lot already exceeds the maximum permitted and no new disturbance is proposed. The building pad coverage is also within the guidelines. The lot is unusual and irregular in that it has no true street frontage, but yet has a driveway that serves two other properties that cuts across the lot. The building pad already exists and no grading is proposed. The placement of the existing ZC NO. 763 2 Appaloosa 9 �J • • accessory structures on the lot makes it difficult to move the proposed residence further to the west. 20. The project has a stable and sufficient area for a corral and access. The stable is located in a setback and is legal non -conforming. OTHER AGENCIES REVIEW 21. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 22. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO. 763 2 Appaloosa 5 o • • ZONING CASE NO. 763 CRITERIA & MAJOR IMPACTS RA -S-2 Zone Setbacks: Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Building Pad Coverage (30% maximum -guideline) Stable Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist. Roadway Access Access to Stable Preserve Views Preserve Plants and Animals ZC NO. 763 2 Appaloosa EXISTING Residence with accessory structures (residence to be demolished) Residence Garage Swim Pool /spa Stable Service Yard Pool eqp. Att.. trellis Porch Det. Trellis Gazebo TOTAL 5.0% w/all structures 16.9% 4110 sq.ft. 479 sq.ft. 1185 sq.ft. 1500 sq.ft. 96 sq.ft. 90 sq.ft. 700 sq.ft. 26 sq.ft. 643 sq.ft. 144 sa.ft. 8,973 sq.ft. PROPOSED New residence with accessory structures Residence Garage Swim Pool /spa Stable Service Yard Pool eqp. Att. trellis Att. porch Trellises (detch) TOTAL 8318 sq.ft. 669 sq.ft. 1185 sq.ft. 1500 sq.ft. 96 sq.ft. 90 sq.ft. 1270 sq.ft. 1783 sq.ft. 643 sa.ft. 15,554 sq.ft. 8.7% w/all structures. 8.3% with allowances of 179,000 sq,ft. net lot area 32,764 sq.ft. or 18.3% with structural allowances 12,690 sq.ft. or 21.0% of 60,500 12.3% sq.ft. building pad (excludes allowances) N/A 47.0%, legal non -conforming Existing from Appaloosa From Appaloosa N/A N/A 6 NONE 47.0%, legal non -conforming Existing from Appaloosa From Appaloosa Planning Commission condition Planning Commission condition 2 Appaloosa Lane PROPERTIES IN THE VICINITY (For information purpose only) ADDRESS OWNER HOUSE SIZE IN LOT SQ.FT. SIZE excl. road 5 Sagebrush Lane 7,816* 1 2.5 6 Sagebrush Lane 5,846* 2.0 1 Sagebrush Lane 7,472* 1 1.76 1 Appaloosa Lane 15 Blackwater Cny 5 Appaloosa lane 4 Appaloosa Lane 3 Appaloosa Lane 2 Appaloosa Hao Hao Fan Liu Pasant Scharffenberger Scharffenberger Fozoonmehr AVERAGE Black 3,861 5,243* 7,668* 4,533 8,990 recently approved 6,428 Existing 4,110 Proposed 8,381 CONSTRUCTED OR IMPROVED 1998 Under construction Newly completed 3.64 1 1979 5.42 1 1980 2.4 5.01 8.80 3.94 5.0 1995 1964 Recently approved Sources: County Assessors Records * City records NOTE: The lot area for the properties shown above, are as recorded in the assessors' records and do not include the private roads. The above do not include garages or any other accessory structures. 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: ZC NO. 763 2 Appaloosa 'O • • 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 CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 763 2 Appaloosa 8 • • MARION A. SCH:U2FFENBERGER 4 APPALOOSA LANE ROLLING HILLS, CA 90274-5006 October 20, 2008 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 RE: Zoning Case #763 Dear Sirs: r-* OCT 2 v '2008 CITY OFHULLING JS My son, James Scharffenberger (5 _ ppaloosa Lane) and I have reviewed the site plan referenced above on Wednesday. October 15. 2008. We have several major issues and questions concerning the side yard encroachment and possible view obstrueions. In addition we \you1d like tt1 addrt'JS ;i1'i'il?' r;rohleins ::nci safety _rtn;i-rr:s itj th din. erc;1\'. Marion A. Scharffent,eri.,er • • RESOLUTION NO. 2008-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVALS FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A MINOR VARIANCE TO ENCROACH WITH 20 SQUARE FEET MAXIMUM INTO A SIDE YARD SETBACK IN ZONING CASE NO. 763, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Drs. James and Karen Black with respect to real property located at 2 Appaloosa Lane (Lot 106-C-RH), Rolling Hills, CA requesting a Site Plan Review and Minor Variance to permit construction of a new 8,318 square foot residence (no basement), 669 square foot garage; 1,270 square feet attached trellises, 64 square feet entryway, 1,719 square feet covered porches to replace an existing residence and garage, and a minor Variance to encroach with 20 square feet of the new residence up to 4.4 feet into the side yard setback. The applicant does not propose to modify an existing 1,500 square foot stable or the existing 1.185 square foot pool with spa. The application is properly filed as a Minor Variance. in that it is a request to project a portion of the structure no more than five feet into a required setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at a regular Planning Commission meeting on October 21 and November 18,2008 on which date the Planning Commission also conducted a field trip on the project site and December 9, 2008. The applicants were notified of the public hearings, including the field trip, in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearings and field trip. Section 3. The applicants propose to demolish the existing residence and replace it with a new residence and garage. An existing on -site driveway loop will be removed and a new motor court paved area constructed. The driveway will retain the existing access off of Appaloosa Lane. Section 4. As a result of a concern expressed by the Planning Commission and a neighbor, the applicants revised their project to reduce the square footage that will encroach into the side yard setback from 54 square feet to 20 square feet maximum, with the maximum projection into the setback at 4.4 feet. A concern was also expressed by a neighbor regarding egress difficulties at the intersection of her driveway with the project driveway. The applicants addressed this concern by agreeing to widen a portion of the driveway at this location to improve maneuverability and create a "hammerhead", which will provide additional space for maneuvering, especially vehicles exiting from the site and for emergency vehicles. Reso. 2008-20 ZC NO. 763 • • Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.030 requires a development plan to be submitted for Site Plan Review before any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting construction of a new residence, 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. The project conforms to Zoning Code lot coverage requirements. The net lot area of the lot is 179,000 square feet, (4.1 acres). The proposed residence (8,318 sq.ft.), garage (669 sq.ft.), attached trellises, porches and other structures on the lot including an existing 1,550 square foot stable, swimming pool and a spa total 14.911 sq. ft., which is 8.30% of the net lot (excluding the permitted exceptions) which is well within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures. paved areas and driveway will be 32,764 square feet, which constitutes 18.3% of the net lot which is well within the 35% maximum overall net lot coverage requirement. The proposed project is screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot currently exceeds the maximum permitted and the lot will not be further disturbed. The new residence will be constructed on an already graded building pad. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. With the exception of existing shrubs and trees in the area of the building expansion, existing vegetation will remain and will screen the house. The nature, condition, and development of adjacent uses, buildings, and structures, the topography of the lot and neighbors' concerns have been considered and addressed, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on the same portion of the lot as the existing residence, will retain existing landscaping screening, is a sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Reso. 2008-20 ZC NO. 763 2 • • Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. D. The development plan incorporates existing trees and is screened from other properties and the road by existing mature vegetation, which will be preserved. E. The development plan follows natural contours of the site and natural drainage courses will be retained and not adversely impacted. No grading is proposed. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the existing driveway access at Appaloosa Lane will remain unchanged and the portion of the private driveway where intersecting with a neighbor's driveway will be widened, resulting in improved line -of -sight and better maneuverability. G. The project conforms to the requirements of the California Environmental Quality Act as noted in Section 5. Section 7. Sections 17.38.010 through 17.38.080 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. Section 17.16.120 requires that the side yard setback be thirty-five (35) feet from the property line, and be unobstructed from the ground upwards. The application is for a Minor Variance in that it proposed to encroach a minor amount, not more than five (5) feet into a required setback with a portion of the structure. The initial application proposed to encroach up to 4.4 feet with 54 square feet of living area into the side yard on the southeast side of the proposed residence. At the public hearing the applicants agreed to modify the plan and reduce the area of encroachment to a maximum of 20 square feet while not exceeding a 4.4-foot projection. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The proposed residence will be located on the same building pad as the existing structure and will not impact other existing structures, including a stable and corral area, swimming pool and spa. The degree of encroachment has been minimized while retaining an efficient modular form of construction and utilizing the same existing graded building pad. The side yard setback for the remainder of the building along the same side yard is well over the required 35-foot setback requirement and all other sides of the building have setbacks much greater than the minimum requirement. In addition due to the location of the existing pool and spa and other outdoor amenities, it would be difficult to move the new residence out of the setback, without reducing the size of the proposed residence or requiring additional grading. Reso. 2008-20 3 ZC NO.763 • • B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because, due to the unusual lot configuration, location of existing building pad and common driveway easement, it would be a hardship to revise the location of the proposed residence to eliminate the side yard encroachment. Grading would be required to accommodate larger pad for an alternate location of the new residence. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the proposed side yard encroachment (20 square feet, 4.4 feet maximum into setback) is relatively small deviation from the code requirement and the remainder of the project will observe setbacks much greater than the minimum. The proposed encroachment will not be seen by any neighbors, would not affect their views and therefore property value, and will be screened from the street. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and will protect the rural character of the community. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and retaining an existing stable and future corral area. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application and Minor Variance in Zoning Case No. 763 for construction of a new residence, garage, trellises and porches including a minor encroachment of the residence into the 35-foot side yard, as shown on the Site Development Plan dated December 4, 2008, subject to the following conditions: A. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have 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. Reso. 2008-20 4 ZC NO. 763 0,1) • • C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the revised site plan on file dated December 4, 2008. E. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. There shall be no grading to the degree that a grading permit is required. G. Structural lot coverage shall not exceed 14,911 square feet or 8.3%, (excluding the permitted structural allowances). H. Total lot coverage of structures and paved areas shall not exceed 32,764 square feet or 18.3% (excluding permitted exceptions), in conformance with lot coverage limitations. 1. 84,000 square feet or 47% of the lot was previously disturbed. No new areas shall be disturbed. J. Residential building pad coverage on the 60,500 square foot residential building pad shall not exceed 12,690 square feet or 21.0% (excluding structural allowances). K. The height of the residence shall not exceed 21'4" as shown on the elevation drawing dated October 20, 2008, unless lower height is required by the RHCA. L. The amount of living area allowed to encroach into the side yard setback shall not exceed 20 square feet and encroach a maximum distance of 4.4 feet into the setback. M. An existing gazebo, located in the rear setback shall be removed. The applicant shall obtain a building permit to retain two previously constructed trellises. N. Landscaping shall be designed using native trees and shrubs so as not to obstruct views of neighboring properties but to screen the project. If trees are planted, the trees at maturity shall not exceed the height of the roofline of the residence and shall be maintained at that height at all times. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, Reso. 2008-20 5 ZC NO. 763 of • • incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. O. Any walls, if required, for this project shall not exceed 36 inches in height, shall not be in setbacks and shall be screened with landscaping to maximum extend practicable. P. The property owners shall be required to conform to the City of Rolling Hills and RHCA roofing material standards. Q. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards and Undergrounding of Utility Lines Standards. R. A minimum of four -foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of the residence and garage. S. The driveway to the residence at the junction of Appaloosa Lane shall be widened and a hammerhead turn around constructed by the stable, as shown on the site plan dated December 4, 2008. The driveway and hammerhead configuration shall be reviewed and approved by the Los Angeles County Fire Department. T. The property on which the project is located shall contain a set aside area to provide an area meeting all standards for a corral with access thereto. U. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project and/or to the property, which would constitute additional structural development, any grading or excavation of dirt, shall require the filing of a new application for approval by the Planning Commission. V 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. W. The east side property line and the side setback line along the construction area shall be delineated and remain delineated during the entire duration of the construction and no construction shall take place in the setback, except as approved by this application. X. During and after construction trails shall remain free and clear of encroachments including, but not be limited to, site development, fences -including construction fences, grading, landscaping, irrigation, drainage devices, play equipment, parked vehicles, building materials, debris and other equipment, unless otherwise approved by the Rolling Hills Community Association. Reso. 2008-20 ZC NO. 763 6 • • Y. During construction, all construction vehicles and construction materials shall be staged on the subject property and shall not block Appaloosa Lane and the driveway portion leading to adjacent properties. No grading shall be done to accommodate such staging on private property. Z If a drainage plan is required by the L.A. County Building and Safety Department, it shall first be submitted to City staff for review and approval. Any drainage device located in the RHCA easement shall be reviewed and approved by the RHCA. AA. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. AB. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. AC. During construction. an Erosion Control Plan containing the elements set forth in Section 7010 of the 2007 County of Los Angeles Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution as required by the County of Los Angeles. AD. 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. AE. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of a septic tank. AF. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and post construction maintenance of storm water drainage facilities. AG. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. Reso. 2008-20 ZC NO. 763 • • AH. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of a building permit. AI. A minimum of 50% of the construction and demolition material shall be recycled and verification submitted to the City. AJ. The applicant shall pay all of the applicable Los Angeles County Building and Safety and Public Works Department fees, including City's Parks and Recreation fees and school fees for new residence. AK. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variance approvals, as required by the Municipal Code, the approvals shall not be effective. AL. All conditions of the Site Plan and Variance approvals, that apply, shall be complied with prior to the issuance of building permit from the County of Los Angeles. AM. 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 9th DAY OF DECEMBER 2008. L I (4k.4,—Vs 1 1— s 1o< RICHARD HENKE, CHAIRMAN ATTEST: ) MARILYN KERN, DEPUTY CITY CLERK Reso. 2008-20 .ZC NO. 763 8 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2008-20 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A MINOR VARIANCE TO ENCROACH WITH 20 SQUARE FEET MAXIMUM INTO A SIDE YARD SETBACK IN ZONING CASE NO. 763, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). was approved and adopted at a regular meeting of the Planning Commission on December 9, 2008 by the following roll call vote: AYES: Commissioners DeRoy, Smith, Witte and Chairman Henke. NOES: None. ABSENT: Commissioner Sommer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2008-20 ZC NO. 763 DEPUTY CITY CLERK 9 1� DATE: TO: FROM: • City 0/Rolling _Atio INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 DECEMBER 9, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 763 2 APPALOOSA LANE RAS-2, 5.0 ACRES (GROSS) DRS. JAMES AND KAREN BLACK TIMOTHY RACISZ ARCHITECT OCTOBER 11, 2008 REQUEST AND RECOMMENDATION 1. The applicants, Drs. James and Karen Black request a Site Plan Review to construct a new 8,318 square foot residence (previously 8,381 square foot residence) with 669 square foot garage, trellises and porches to replace an existing residence and garage, and a minor Variance to encroach with 20 square feet (previously 54 square feet) of the new residence up to 4.4-feet into the side yard setback. No grading or basement is proposed with this development. It is recommended that the Planning Commission review the revised plan, draft Resolution and adopt Resolution No. 2008-20 or provide other direction to staff. BACKGROUND 2. At the November 18, 2008 Planning Commission meeting, after a lengthy discussion, the Commission directed staff to prepare a Resolution approving the proposed project, subject to the applicant reducing the side yard encroachment from 54 square feet to not to exceed 20 square feet and providing new calculations to staff. The vote was 4-0-1. Commissioner Sommer was absent. 3. The Commission kept the public hearing open, so that a discussion could continue on this project, if necessary. 4. The applicants submitted revised plans and calculations for the reduced encroachment (34 square feet) and additional hardscape for the widened driveway and hammerhead turn around, which have been incorporated into the attached resolution of approval. The residence was reduced in size by 63 square feet. ZC NO. 763 12/9/08 0.) 0 Printed on Recycled Paper • • 5. The applicants' representatives met with the Fire Department regarding the driveway and incorporated the Fire Department's recommendations into the proposed plan. 6. The attached Resolution No. 2008-20 contains standard findings of facts and conditions of approval including conditions, as directed by the Planning Commission and include: • That no further development or grading may be permitted on the property unless reviewed and approved by the Planning Commission • That the Minor Variance approval shall not exceed 20 square feet and .may not project more than 5 feet into the side yard setback • That the driveway be widened and a hammer head turn around be added as required by the Fire Department and that it be approved by the Fire Department • That no construction vehicles be parked on Appaloosa Lane, and that Appaloosa Lane remain open at all times for vehicular, including emergency, traffic • That the setback and property lines in the vicinity of the construction be staked/delineated throughout the construction process • That easements (front) remain free of debris, material, vegetation and any structures, unless otherwise approved by the RH Community Association • That the gazebo located in the rear setback be demolished • That the applicant obtain building permits for two trellises previously constructed on the property • That 50% of the construction and demolition material shall be recycled • That if any trees are planted on the property that they at maturity not exceed the height of the ridgeline of the residence ZC NO.763 12/9/08 2 • • RESOLUTION NO. 2008-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVALS FOR A 'SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A MINOR VARIANCE TO ENCROACH WITH 20 SQUARE FEET MAXIMUM INTO A SIDE YARD SETBACK IN ZONING CASE NO. 763, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Drs. James and Karen Black with respect to real property located at 2 Appaloosa Lane (Lot 106-C-RI-I), Rolling Hills, CA requesting a Site Plan Review and Minor Variance to permit construction of a new 8,318 square foot residence (no basement), 669 square foot garage; 1,270 square feet attached trellises, 64 square feet entryway, 1,719 square feet covered porches to replace an existing residence and garage, and a minor Variance to encroach with 20 square feet of the new residence up to 4.4 feet into the side yard setback. The applicant does not propose to modify an existing 1,500 square foot stable or the existing 1,185 square foot pool with spa. The application is properly filed as a Minor Variance, in that it is a request to project a portion of the structure no more than five feet into a required setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at a regular Planning Commission meeting on October 21 and November 18,2008 on which date the Planning Commission also conducted a field trip on the project site and December 9, 2008. The applicants were notified of the public hearings, including the field trip, in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearings and field trip. Section 3. The applicants propose to demolish the existing residence and replace it with a new residence and garage. An existing on -site driveway loop will be removed and a new motor court paved area constructed. The driveway will retain the existing access off of Appaloosa Lane. Section 4. As a result of a concern expressed by the Planning Commission and a neighbor, the applicants revised their project to reduce the square footage that will encroach into the side yard setback from 54 square feet to 20 square feet maximum, with the maximum projection into the setback at 4.4 feet. A concern was also expressed by a neighbor regarding egress difficulties at the intersection of her driveway with the project driveway. The applicants addressed this concern by agreeing to widen a portion of the driveway at this location to improve maneuverability and create a "hammerhead", which will provide additional space for maneuvering, especially vehicles exiting from the site and for emergency vehicles. Reso. 2008-20 Zoning case 763 2 Appaloosa Lane 0, • • Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.030 requires a development plan to be submitted for Site Plan Review before any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting construction of a new residence, 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. The project conforms to Zoning Code lot coverage requirements. The net lot area of the lot is 179,000 square feet, (4.1 acres). The proposed residence (8,318 sq.ft.), garage (669 sq.ft.), attached trellises, porches and other structures on the lot including an existing 1,550 square foot stable, swimming pool and a spa total 14,911 sq. ft., which is 8.30% of the net lot (excluding the permitted exceptions) which is well within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway will be 32,764 square feet, which constitutes 18.3% of the net lot which is well within the 35% maximum overall net lot coverage requirement. The proposed project is screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot currently exceeds the maximum permitted and the lot will not be further disturbed. The new residence will be constructed on an already graded building pad. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. With the exception of existing shrubs and trees in the area of the building expansion, existing vegetation will remain and will screen the house. The nature, condition, and development of adjacent uses, buildings, and structures, the topography of the lot and neighbors' concerns have been considered and addressed, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on the same portion of the lot as the existing residence, will retain existing landscaping screening, is a sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Reso. 2008-20 Zoning case 763 2 Appaloosa Lane '0 • • Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. D. The development plan incorporates existing trees and is screened from other properties and the road by existing mature vegetation, which will be preserved. E. The development plan follows natural contours of the site and natural drainage courses will be retained and not adversely impacted. No grading is proposed. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the existing driveway access at Appaloosa Lane will remain unchanged and the portion of the private driveway where intersecting with a neighbor's driveway will be widened, resulting in improved line -of -sight and better maneuverability. G. The project conforms to the requirements of the California Environmental Quality Act as noted in Section 5. Section 7. Sections 17.38.010 through 17.38.080 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. Section 17.16.120 requires that the side yard setback be thirty-five (35) feet from the property line, and be unobstructed from the ground upwards. The application is for a Minor Variance in that it proposed to encroach a minor amount, not more than five (5) feet into a required setback with a portion of the structure. The initial application proposed to encroach up to 4.4 feet with 54 square feet of living area into the side yard on the southeast side of the proposed residence. At the public hearing the applicants agreed to modify the plan and reduce the area of encroachment to a maximum of 20 square feet while not exceeding a 4.4-foot projection. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The proposed residence will be located on the same building pad as the existing structure and will not impact other existing structures, including a stable and corral area, swimming pool and spa. The degree of encroachment has been minimized while retaining an efficient modular form of construction and utilizing the same existing graded building pad. The side yard setback for the remainder of the building along the same side yard is well over the required 35-foot setback requirement and all other sides of the building have setbacks much greater than the minimum requirement. In addition due to the location of the existing pool and spa and other outdoor amenities, it would be difficult to move the new residence out of the setback, without reducing the size of the proposed residence or requiring additional grading. Reso. 2008-20 Zoning case 763 2 Appaloosa Lane '@ • • B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because, due to the unusual lot configuration, location of existing building pad and common driveway easement, it would be a hardship to revise the location of the proposed residence to eliminate the side yard encroachment. Grading would be required to accommodate larger pad for an alternate location of the new residence. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the proposed side yard encroachment (20 square feet, 4.4 feet maximum into setback) is relatively small deviation from the code requirement and the remainder of the project will observe setbacks much greater than the minimum. The proposed encroachment will not be seen by any neighbors, would not affect their views and therefore property value, and will be screened from the street. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and will protect the rural character of the community. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and retaining an existing stable and future corral area. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application and Minor Variance in Zoning Case No. 763 for construction of a new residence, garage, trellises and porches including a minor encroachment of the residence into the 35-foot side yard, as shown on the Site Development Plan dated December 4, 2008, subject to the following conditions: A. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have 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. Reso. 2008-20 Zoning case 763 2 Appaloosa Lane °O l C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the revised site plan on file dated December 4, 2008. E. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. There shall be no grading to the degree that a grading permit is required. G. Structural lot coverage shall not exceed 14,911 square feet or 8.3%, (excluding the permitted structural allowances). H. Total lot coverage of structures and paved areas shall not exceed 32,764 square feet or 18.3% (excluding permitted exceptions), in conformance with lot coverage limitations. I. 84,000 square feet or 47% of the lot was previously disturbed. No new areas shall be disturbed. J. Residential building pad coverage on the 60,500 square foot residential building pad shall not exceed 12,690 square feet or 21.0% (excluding structural allowances). K. The height of the residence shall not exceed 21'4" as shown on the elevation drawing dated October 20, 2008, unless lower height is required by the RHCA. L. The amount of living area allowed to encroach into the side yard setback shall not exceed 20 square feet and encroach a maximum distance of 4.4 feet into the setback. M. An existing gazebo, located in the rear setback shall be removed. The applicant shall obtain a building permit to retain two previously constructed trellises. N. Landscaping shall be designed using native trees and shrubs so as not to obstruct views of neighboring properties but to screen the project. If trees are planted, the trees at maturity shall not exceed the height of the roofline of the residence and shall be maintained at that height at all times. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, Reso. 2008-20 Zoning case 763 2 Appaloosa Lane °T • • incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. O. Any walls, if required, for this project shall not exceed 36 inches in height, shall not be in setbacks and shall be screened with landscaping to maximum extend practicable. P. The property owners shall be required to conform to the City of Rolling Hills and RHCA roofing material standards. Q. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards and Undergrounding of Utility Lines Standards. R. A minimum of four -foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of the residence and garage. S. The driveway to the residence at the junction of Appaloosa Lane shall be widened and a hammerhead turn around constructed by the stable, as shown on the site plan dated December 4, 2008. The driveway and hammerhead configuration shall be reviewed and approved by the Los Angeles County Fire Department. T. The property on which the project is located shall contain a set aside area to provide an area meeting all standards for a corral with access thereto. U. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project and/or to the property, which would constitute additional structural development, any grading or excavation of dirt, shall require the filing of a new application for approval by the Planning Commission. V 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. W. The east side property line and the side setback line along the construction area shall be delineated and remain delineated during the entire duration of the construction and no construction shall take place in the setback, except as approved by this application. X. During and after construction trails shall remain free and clear of encroachments including, but not be limited to, site development, fences -including construction fences, grading, landscaping, irrigation, drainage devices, play equipment, parked vehicles, building materials, debris and other equipment, unless otherwise approved by the Rolling Hills Community Association. Reso. 2008-20 Zoning case 763 2 Appaloosa Lane 6 @.) J Y. During construction, all construction vehicles and construction materials shall be staged on the subject property and shall not block Appaloosa Lane and the driveway portion leading to adjacent properties. No grading shall be done to accommodate such staging on private property. Z If a drainage plan is required by the L.A. County Building and Safety Department, it shall first be submitted to City staff for review and approval. Any drainage device located in the RHCA easement shall be reviewed and approved by the RHCA. AA. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. AB. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. AC. During construction, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2007 County of Los Angeles Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution as required by the County of Los Angeles. AD. 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. AE. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of a septic tank. AF. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and post construction maintenance of storm water drainage facilities. AG. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMPs) related to solid waste. Reso. 2008-20 Zoning case 763 2 Appaloosa Lane '�J • • AH. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of a building permit. AI. A minimum of 50% of the construction and demolition material shall be recycled and verification submitted to the City. AJ. The applicant shall pay all of the applicable Los Angeles County Building and Safety and Public Works Department fees, including City's Parks and Recreation fees and school fees for new residence. AK. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review and Variance approvals, as required by the Municipal Code, the approvals shall not be effective. AL. All conditions of the Site Plan and Variance approvals, that apply, shall be complied with prior to the issuance of building permit from the County of Los Angeles. AM. 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 9th DAY OF DECEMBER 2008. RICHARD HENKE, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2008-20 Zoning case 763 2 Appaloosa Lane 8 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ) §§ ) I certify that the foregoing Resolution No. 2008-20 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND A MINOR VARIANCE TO ENCROACH WITH 20 SQUARE FEET MAXIMUM INTO A SIDE YARD SETBACK IN ZONING CASE NO. 763, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK). was approved and adopted at a regular meeting of the Planning Commission on December 9, 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. Reso. 2008-20 Zoning case 763 2 Appaloosa Lane DEPUTY CITY CLERK 9 G DATE: TO: FROM: • City ol Rolling II A5eY\ 4-A INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 NOVEMBER 18, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 763 2 APPALOOSA LANE RAS-2, 5.0 ACRES (GROSS) DRS. JAMES AND KAREN BLACK TIM RACISZ ARCHITECT OCTOBER 11, 2008 REQUEST AND RECOMMENDATION 1. The applicants, Drs. James and Karen Black request a Site Plan Review to construct a new 8,381 square foot residence with 669 square foot garage, trellises and porches to replace an existing residence and garage, and a minor Variance to encroach with 54 square feet of the new residence up to 4.4-feet into the side yard setback. No basement is proposed with this development. 2. It is recommended that the Planning Commission view the project in the field, review the staff report, continue the public hearing, take public testimony, consider the criteria for granting of a Site Plan Review and Minor Variance and provide direction to staff. BACKGROUND 3. The property is zoned RAS-2 and the gross lot area is 5.0 acres. The net lot area, as calculated for development purposes, is 179,000 square feet or 4.1 acres. The lot is irregular in shape. A roadway easement is located along the westerly side of the property, however, the actual paved road, Appaloosa Lane, is located outside the roadway easement on adjacent lot -3 Appaloosa Lane. Appaloosa Lane is a "double private" road, meaning that it has not been accepted into the RHCA roadway system, however, through the years it has been maintained by the RHCA. The paved portion of the road continues through the subject property where it divides the property and provides access as a driveway easement to two other properties, 4 and 5 Appaloosa Lane. Other than the roadway easement along the westerly portions of the property, there are no other perimeter easements on the property. ZC NO. 763 (FT) 2 Appaloosa Lane ® Printed on Recycled Paper • • 4. The applicants propose to demolish the existing house and construct a new 8,391 square foot house with 669 square foot garage, 1,744 square feet attached porches and 1,292 square feet attached trellises. Encroachment is proposed at three corners at east side of the residence. At a maximum the encroachment will be 4.4 feet for a total of 54 square feet into the required 35-foot side yard setback, which requires a minor variance. 5. The property is currently developed with a 4,110 square foot residence with 700 square feet attached trellises, 479 square foot garage and 1,185 square foot swimming pool, 90 square foot pool equipment area, 1,500 square foot stable, service yard and detached trellises. A 144 square foot gazebo is located in the rear setback. The applicant is proposing to demolish that gazebo. There are no building permits on record for the two detached trellises on the property. It will be a requirement of this application that the applicant obtain a building permit for these structures. 6. The property drains in a sheet flow in northerly direction into a natural drainage course that flows into a large drainage pipe located just off of the northern tip of the property. The flow pattern is not proposed to be altered. 7. Several So. Ca. Edison Company easements transverse the property. Those easements will not be affected by the proposed construction. A garden wall along the existing driveway will be removed. Access to the residence will be taken from the existing driveway. All of the existing accessory structures, except the gazebo, will remain on the property and include the stable, swimming pool, spa and trellises. 8. A letter from a neighbor is attached expressing concerns over the minor variance, potential view obstruction and the shared driveway access. At the October 21 Planning Commission meeting, the neighbors requested that the Commission view the project from their property. MUNICIPAL CODE COMPLIANCE 9. The request for a minor Variance is to encroach 4.4 feet into the required 35- foot side setback at three corners of the residence, for a total encroachment of 54 square feet. No grading is proposed with this application and no increase of the building pad is requested. 10. The net lot area of the lot is 179,000 square feet. The structural lot coverage is proposed to be 14,957 square feet or 8.4% of the net lot area (20% maximum permitted). This does not include the 643 square foot detached trellises. Total lot coverage, including structures, driveways, and all other paved areas is proposed to be 31,815 square feet or 17.8% of the net lot area (35% maximum permitted). 11. 84,000 square feet or 47% of the net lot has been previously disturbed. No additional disturbance is proposed with this development, as the project will be located on an existing building pad. The exceedance of the maximum permitted 40% disturbance is a pre-existing condition, most likely occurring prior to 1995, ZC NO.763 (FT) 2 Appaloosa Lane ® • • when the regulations for maximum disturbance became effective. Therefore, since the disturbance is not proposed to be greater than existing, no variance is required. 12. The existing residential building pad is 60,500 square feet. The residential building pad coverage will be 12,827 square feet or 21.2%. This includes the stable, but excludes the allowances for attached porches, (10% of the size of the house or 838 s.f., attached trellises -1,292 s.f., and detached trellises-643 s.f.). Including all of the structures the building pad coverage would be 25.8%. Currently, including all structures, the building pad coverage is 14.8%. 13. The applicants propose to retain as much of the existing vegetation and trees as possible and only the landscaping on the building pad will be altered. The maximum height of the residence is proposed to be between 21 and 22 feet in height. 14. There are several utility poles on the property. It will be a requirement of this approval that the utility lines serving the residence be placed underground. The applicants will also be required to meet the City and Association's requirements for roofing material, outdoor lighting and all other zoning and building regulations. 15. The applicants conducted soils and geology study on this property. Their consultants determined that the lot is stable from a geotechnical standpoint, as long as no grading is proposed. The LA County soils and geology engineers are in the process of reviewing the report. The preliminary responses from the County seem to be in agreement with the applicants' consultants. 16. In response to justification for requesting a minor variance for encroachment into the side yard setback, the applicants state that the encroachment is minimal (4.4 feet) and the setback for the rest of the structure in that side average well over the required 35 feet and all other sides are considerably greater than the required minimum; would not interfere with other residences in the vicinity, as the closest residence is 160 feet away and the closest structure is a tennis court over 55 feet from the proposed encroachment; the building pad is existing and it would not be advisable to grade a larger pad to accommodate the addition. In addition, the existing structures on the lot, particularly the spa and swimming pool prevent the residence to be moved further west. CONCLUSION 17. When reviewing a site plan review application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise ZC NO. 763 (FT) 2 Appaloosa Lane 0 • • a preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 18. In considering the request for a minor variance, the Commission should consider the criteria for granting of a variance. 19. All of the development standards will be met with this project. The disturbed area of the lot already exceeds the maximum permitted and no new disturbance is proposed. The building pad coverage is also within the guidelines. The lot is unusual and irregular in that it has no true street frontage, but yet has a driveway that serves two other properties that cuts across the lot. The building pad already exists and no grading is proposed. The placement of the existing accessory structures on the lot makes it difficult to move the proposed residence further to the west. 20. The project has a stable and sufficient area for a corral and access. The stable is located in a setback and is legal non -conforming. OTHER AGENCIES REVIEW 21. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 22. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO.763 (FT) 2 Appaloosa Lane 0 ZONING CASE NO. 763 CRITERIA & MAJOR IMPACTS RA -S-2 Zone Setbacks: Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Building Pad Coverage (30% maximum -guideline) Stable Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist. Roadway Access Access to Stable Preserve Views Preserve Plants and Animals EXISTING Residence with accessory structures (residence to be demolished) Residence Garage Swim Pool /spa Stable Service Yard Pool eqp. Att.. trellis Porch Det. Trellis Gazebo TOTAL 5.0% w/all structures 16.9% 4110 sq.ft. 479 sq.ft. 1185 sq.ft. 1500 sq.ft. 96 sq.ft. 90 sq.ft. 700 sq.ft. 26 sq.ft. 643 sq.ft. 144 sa.ft. 8,973 sq.ft. PROPOSED New residence with accessory structures Residence Garage Swim Pool /spa Stable Service Yard Pool eqp. Att. trellis Att. porch Trellises (detch) TOTAL 8381 sq.ft. 669 sq.ft. 1181 sq.ft. 1500 sq.ft. 96 sq.ft. 90 sq.ft. 1292 sq.ft. 1744 sq.ft. 643 sa.ft. 15,600 sq.ft. 8.7% w/all structures. 8.4% with allowances of 179,000 sq,ft. net lot area 18.1% w/all structures. 17.8% with structural allowances 12,827 sq.ft. or 21.2% of 60,500 12.3% sq.ft. building pad (excludes allowances) N/A 47.0%, legal non -conforming Existing from Appaloosa From Appaloosa N/A N/A NONE 47.0%, legal non -conforming Existing from Appaloosa From Appaloosa Planning Commission review Planning Commission review ZC NO. 763 (FT) 2 Appaloosa Lane 2 Appaloosa Lane PROPERTIES IN THE VICINITY (For information purpose only) ADDRESS OWNER HOUSE SIZE IN LOT SQ.FT. SIZE excl. road 5 Sagebrush Lane 7,816* 1 2.5 6 Sagebrush Lane 5,846* 2.0 1 Sagebrush Lane 1 Appaloosa Lane 15 Blackwater Cny 5 Appaloosa lane 4 Appaloosa Lane 3 Appaloosa Lane 2 Appaloosa Hao Hao Fan Liu Pasant Scharffenberger Scharffenberger Fozoonmehr AVERAGE Black 7,472* 1.76 3,861 3.64 5,243* 7,668* 4,533 8,990 recently approved 6,428 Existing 4,110 Proposed 8,381 5.42 2.4 5.01 8.80 3.94 5.0 CONSTRUCTED OR IMPROVED 1998 Under construction Newly completed 1979 1980 1995 1964 Recently approved Sources: County Assessors Records City records NOTE: The lot area for the properties shown above, are as recorded in the assessors' records and do not include the private roads. The above do not include garages or any other accessory structures. 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: ZC NO. 763 (FT) 2 Appaloosa Lane 0 • • 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 CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 763 (FT) 2 Appaloosa Lane a MARION A. SCILARFFENBERGE R 4 APPALOOSA LANE ROLLING HILLS, CA 90274-5006 October 20, 2008 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 RE: Zoning Case #763 Dear Sirs: wiril OCT 2 0 2Jt8 CITY OF ROLLING HILLS tty My son, James Scharffenberger (5 Appaloosa Lane) and I have reviewed the site plan referenced above on Wednesday, October 15, 2008. We have several major issues and questions concerning the side yard encroachment and possible view obstructions. In addition we would like to address ongoing problems and safety concerns of the applicant's driveway access. Sincerely, Marion A. Scharffenberger DATE: TO: FROM: • C1t ofloePn9 • INCORPORATED JAiIU'jY 2-1, 1057 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 OCTOBER 21, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 763 2 APPALOOSA LANE RAS-2, 5.0 ACRES (GROSS) DRS. JAMES AND KAREN BLACK TIM RACISZ ARCHITECT OCTOBER 11, 2008 REQUEST AND RECOMMENDATION 1. The applicants, Drs. James and Karen Black request a Site Plan Review to construct a new 8,381 square foot residence with 669 square foot garage, trellises and porches to replace an existing residence and garage, and a minor Variance to encroach with 54 square feet of the new residence up to 4.4-feet into the side yard setback. No basement is proposed with this development. 2. It is recommended that the Planning Commission review the staff report, open the public hearing, take public testimony, consider the criteria for granting of a Site Plan Review and Variance and schedule a field visit. BACKGROUND 3. The property is zoned RAS-2 and the gross lot area is 5.0 acres. The net lot area, as calculated for development purposes, is 179,000 square feet or 4.1 acres. The lot is irregular in shape. A roadway easement is located along the westerly side of the property, however, the actual paved road, Appaloosa Lane, is located outside the roadway easement on adjacent lot -3 Appaloosa Lane. Appaloosa Lane is a "double private" road, meaning that it has not been accepted into the RHCA roadway system, however, through the years it has been maintained by the RHCA. The paved portion of the road continues through the subject property where it divides the property and provides access as a driveway easement to two other properties, 4 and 5 Appaloosa Lane. Other than the roadway easement along the westerly portions of the property, there are no other perimeter easements on the property. 4. The applicants propose to demolish the existing house and construct a new 8,391 square foot house with 669 square foot garage, 1,744 square feet attached ZC NO.763 1 2 Appaloosa Lane • 01 Printed on Recycled Paper • • porches and 1,292 square feet attached trellises. Encroachment is proposed at three corners at east side of the residence. At a maximum the encroachment will be 4.4 feet for a total of 54 square feet into the required 35-foot side yard setback, which requires a minor variance. 5. The property is currently developed with a 4,110 square foot residence with 700 square feet attached trellises, 479 square foot garage and 1,185 square foot swimming pool, 90 square foot pool equipment area, 1,500 square foot stable, service yard and detached trellises. A 144 square foot gazebo is located in the rear setback. The applicant is proposing to demolish that gazebo. There are no building permits on record for the two detached trellises on the property. It will be a requirement of this application that the applicant obtain a building permit for these structures. 6. The property drains in a sheet flow in northerly direction into a natural drainage course that flows into a large drainage pipe located just off of the northern tip of the property. The flow pattern is not proposed to be altered. 7. Several So. Ca. Edison Company easements transverse the property. Those easements will not be affected by the proposed construction. A garden wall along the existing driveway will be removed. Access to the residence will be taken from the existing driveway. All of the existing accessory structures, except the gazebo, will remain on the property and include the stable, swimming pool, spa and trellises. MUNICIPAL CODE COMPLIANCE 8. The request for a minor Variance is to encroach 4.4 feet into the required 35- foot side setback at three corners of the residence, for a total encroachment of 54 square feet. No grading is proposed with this application and no increase of the building pad is requested. 9. The net lot area of the lot is 179,000 square feet. The structural lot coverage is proposed to be 14,957 square feet or 8.4% of the net lot area (20% maximum permitted). This does not include the 643 square foot detached trellises. Total lot coverage, including structures, driveways, and all other paved areas is proposed to be 31,815 square feet or 17.8% of the net lot area (35% maximum permitted). 10. 84,000 square feet or 47% of the net lot has been previously disturbed. No additional disturbance is proposed with this development, as the project will be located on an existing building pad. The exceedance of the maximum permitted 40% disturbance is a pre-existing condition, most likely occurring prior to 1995, when the regulations for maximum disturbance became effective. Therefore, since the disturbance is not proposed to be greater than existing, no variance is required. 11. The existing residential building pad is 60,500 square feet. The residential building pad coverage will be 12,827 square feet or 21.2%. This includes the stable, but excludes the allowances for attached porches, (10% of the size of the house or ZC NO.763 2 Appaloosa Lane • • 838 s.f., attached trellises -1,292 s.f., and detached trellises-643 s.f.). Including all of the structures the building pad coverage would be 25.8%. Currently, including all structures, the building pad coverage is 14.8%. 12. The applicants propose to retain as much of the existing vegetation and trees as possible and only the landscaping on the building pad will be altered. The maximum height of the residence is proposed to be between 21 and 22 feet in height. (The elevation plans will be corrected to reflect the proposed height after the Architectural Committee formally reviews the project, but is not proposed to be higher than 21 to 22 feet). 13. There are several utility poles on the property. It will be a requirement of this approval that the utility lines serving the residence be placed underground. The applicants will also be required to meet the City and Association's requirements for roofing material, outdoor lighting and all other zoning and building regulations. 14. The applicants conducted soils and geology study on this property. Their consultants determined that the lot is stable from a geotechnical standpoint. The LA County soils and geology engineers are in the process of reviewing the report. 15. In response to justification for requesting a minor variance for encroachment into the side yard setback, the applicants state that the encroachment is minimal (4.4 feet) and the setback for the rest of the structure in that side average well over the required 35 feet and all other sides are considerably greater than the required minimum; would not interfere with other residences in the vicinity, as the closest residence is 160 feet away and the closest structure is a tennis court over 55 feet from the proposed encroachment; the building pad is existing and it would not be advisable to grade a larger pad to accommodate the addition. In addition, the existing structures on the lot, particularly the spa and swimming pool prevent the residence to be moved further west. CONCLUSION 16. When reviewing a site plan review application the Planning Commission should consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills. 17. In considering the request for a minor variance, the Commission should consider the criteria for granting of a variance. 18. All of the development standards will be met Ivith this project. The disturbed area of the lot already exceeds the maximum permitted and no new ZC NO. 763 2 Appaloosa Lane • • disturbance is proposed. The building pad coverage is also 1vithin the guidelines. The lot is unusual and irregular in that it has no true street frontage, but yet has a driveway that serves two other properties that cuts across the lot. The building pad already exists and no grading is proposed. The placement of the existing accessory structures on the lot makes it difficult to move the proposed residence further to the west. 19. The project has a stable and sufficient area for a corral and access. The stable is located in a setback and is legal non -conforming. OTHER AGENCIES REVIEW 20. The Rolling Hills Community Association Architectural Committee will review the project at a later date. 21. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO.763 4 2 Appaloosa Lane ZONING CASE NO. 763 CRITERIA & MAJOR IMPACTS RA -S-2 Zone Setbacks: Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line Structures Residence (Site Plan Review required if size Garage of structure increases by at least Swim Pool /spa 1,000 sq.ft. and has the effect of Stable increasing the size of the structure by more than 25% in a 36-month period). Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Building Pad Coverage (30% maximum -guideline) Stable Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist. Roadway Access Access to Stable Preserve Views Preserve Plants and Animals EXISTING Residence with accessory structures (residence to be demolished) Service Yard Pool eqp. Att.. trellis Porch Det. Trellis Gazebo TOTAL 5.0% w/all structures 16.9% 4110 sq.ft. 479 sq.ft. 1185 sq.ft. 1500 sq.ft. 96 sq.ft. 90 sq.ft. 700 sq.ft. 26 sq.ft. 643 sq.ft. 144 sq.ft. 8,973 sq.ft. PROPOSED New residence with accessory structures Residence Garage Swim Pool /spa Stable Service Yard Pool eqp. Att. trellis Att. porch Trellises (detch) TOTAL 8381 sq.ft. 669 sq.ft. 1181 sq.ft. 1500 sq.ft. 96 sq.ft. 90 sq.ft. 1292 sq.ft. 1744 sq.ft. 643 sq.ft. 15,600 sq.ft. 8.7% w/all structures. 8.4% with allowances of 179,000 sq,ft. net lot area 18.1 % w/all structures. 17.8% with structural allowances 12,827 sq.ft. or 21.2%of 60,500 12.3% sq.ft. building pad (excludes allowances) N/A 47.0%, legal non -conforming II Existing from Appaloosa II From Appaloosa N/A p N/A NONE 47.0%, legal non -conforming Existing from Appaloosa From Appaloosa Planning Commission review Planning Commission review ZC NO. 763 5 2 Appaloosa Lane 2 Appaloosa Lane PROPERTIES IN THE VICINITY (For information purpose only) ADDRESS OWNER HOUSE SIZE IN LOT SQ.FT. SIZE excl. road 5 Sagebrush Lane 7,816* 2.5 6 Sagebrush Lane 1 5,846* 2.0 1 Sagebrush Lane 1 Appaloosa Lane 15 Blackwater Cny 5 Appaloosa lane 4 Appaloosa Lane 3 Appaloosa Lane 2 Appaloosa Hao Hao Fan Liu Pasant Scharffenberger Scharffenberger Fozoonmehr AVERAGE Black 7,472* 1.76 3,861 5,243* 7,668* 4,533 8,990 recently approved 6,428 Existing 4,110 Proposed 8,381 3.64 5.42 2.4 5.01 8.80 3.94 5.0 CONSTRUCTED OR IMPROVED 1998 Under construction Newly completed 1979 1980 1995 1964 Recently approved Sources: County Assessors Records * City records NOTE: The lot area for the properties shown above, are as recorded in the assessors' records and do not include the private roads. The above do not include garages or any other accessory structures. 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. ZC NO.763 6 2 Appaloosa Lane 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 1-Iills Zoning Ordinance CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO.763 2 Appaloosa Lane