666, Previously constructed Reflect, Staff ReportsCity
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opeollinv JUL
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INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377.7288
E-mail: cityofrh@aol.com
Agenda Item No.: 4A
Mtg. Date: 8/25/03
DATE: AUGUST 25, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTN: CRAIG R. NEALIS, CITY MANAGER
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
SUBJECT: RESOLUTION NO. 2003-15. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING A VARIANCE TO ENCROACH INTO THE NORTH
SIDE YARD SETBACK WITH A PREVIOUSLY CONSTRUCTED
REFLECTION POND AND TO ENCROACH INTO THE FRONT
YARD SETBACK WITH PREVIOUSLY CONSTRUCTED TRELLIS
AND BLOCK WALLS AT AN EXISTING SINGLE FAMILY
RESIDENCE LOCATED AT 6 PACKSADDLE ROAD EAST IN
ZONING CASE NO. 666. (MURRELL).
BACKGROUND
1. The Planning Commission adopted Resolution No. 2003-15, which is
attached, on August 19, 2003, at their regular meeting granting a request for a
Variance to encroach into the front and side yard setbacks with previously
constructed trellis, reflection pond and a wall along stairs at the entrance to the
property. The vote was 3-1-1. Commissioner DeRoy was absent and
Commissioner Margeta abstained.
2. In October of 2002, staff was informed that a block wall allegedly in the
north side yard setback was under construction on subject property. Staff
investigated the complaint and confirmed that the partially constructed wall was
in the side yard setback. Staff directed the property owners to cease the
construction and apply to the Planning Commission for a Variance or demolish
the wall. While reviewing the site, the RHCA and Planning Department records,
staff determined that other structures were constructed in the setbacks, without
the benefit of City approvals. Those structures include a 140 square foot trellis
and walls along stairs located in the front yard setback and a reflection pond
located in the side yard setback.
ZC No.666
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®Printed on Recycled Panr'r
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3. As a result, the applicant requested a Variance to retain the previously
constructed structures, and a Variance to continue the construction of the wall in
the side yard setback and to construct as spa, which would encroach into the side
yard setback. The Planning Commission at the July 15, 2003, meeting, directed
staff to prepare a Resolution of approval, for the Variance request to retain the
previously constructed reflection pond, trellis and stair walls, which encroach
into the front and side yard setbacks and to prepare a Resolution to deny the
Variance request to complete the block wall and to construct a spa, which would
encroach into the north side yard setback
4. Subsequent to the Planning Commission meeting, upon request by the
applicants, staff met with the owners, their representative and the County of LA
Building Official to discuss their options.
5. As a result, the applicants withdrew the Variance request for the block
wall and construction of the spa in the side yard setback, and re -filed a modified
Variance request for the semi -completed wall only. The applicants proposed to
move the spa out of the setback. The Planning Commission considered this
Variance request as a separate case on August 19, 2003, and has requested a
Resolution of Denial to be prepared.
6. Therefore, Resolution No. 2003-15, as approved by the Planning
Commission, is for the Variance to encroach with the previously constructed
structures, including the trellis, reflection pond and the wall along the stairs, into
the front and side yard setbacks.
7. In June 1994, the Planning Commission denied a Site Plan application in
Zoning Case No. 511 for substantial additions to the then existing 3,517 square
foot residence. In 1996, the applicants received an administrative approval for a
1,005 square foot addition to the residence. No grading was required for the
addition.
8. The applicants are currently completing the additions and remodeling of
the residence.
9. In 1996, concurrently with the City's administrative approval, the Rolling
Hills Community Association approved the proposed addition. A few months
later the RHCA approved a detached 140 square foot trellis, 80 square foot
reflection pond, stairs and other features as part of a landscaping plan. The
trellis, the reflection pond and the wall along the stairs do not require building
permits, however, pursuant to the City Code are considered structures. The wall
along the stairs varies in height from 34" to 42" and is not a retaining wall.
10. Pursuant to Section 17.12.250, of the Zoning Ordinance, required yards
must be unoccupied or unobstructed by any structures from the ground
upwards. Certain structures, such as walkways, steps, mailboxes, irrigation
systems and lighting are permitted in the setbacks.
ZC No. 666
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11. The applicants feel that the Variance is justified for the already existing
structures, because the RHCA approved all of the structures in 1996, and the
applicants were not told at that time that City approval is also required. Enclosed
is a letter from the applicant clarifying the previous construction.
12. The existing house with an attached garage and a 70-foot long, 5' high
retaining wall in the side yard setback were built in 1961. In 1967, the swimming
pool, a 300 square foot terrace, and a 225 square foot storage area were
constructed In 1996 a 1,005 square foot addition was approved, which is
currently under construction.
13. The total net lot area of the lot is 83,212 square feet. The property is
developed with a 4,520 square foot residence, 506 square foot garage, 440 square
foot pool, 80 square foot reflection pond, 600 square foot terrace/service yard
and 1,185 square feet of trellises and covered porches for a total of 7,331 square
feet of structures. Proposed are a 50 square foot spa and a 450 square foot future
stable. The total structural coverage of the net lot is proposed to be 7,831 square
feet or 9.4% of the net lot area, (20% permitted).
14. The total structural lot coverage of the net lot area, including the
structures and all impervious areas is 13,946 square feet or 16.7%, (35%
permitted).
15. The residential building pad is 14,316 square feet. The residential building
pad coverage is 7,381 square feet or 51.5%. This includes all of the existing
structures and the proposed spa. The future stable will be located on a 1,781
square foot building pad for coverage of 25.0%.
16. The maximum disturbed area will be 26,316 square feet or 31.6%, (40%
maximum permitted).
17. The project has been determined to be categorically exempt pursuant to
the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file the Resolution of
Approval or direct staff as appropriate.
ZC No. 666
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VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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. 666
CC 8/25/03
ZONING CASE NO. 666
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 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).
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.
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
(30% maximum Planning
Commission guideline)
Roadway Access
Access to Stable and Corral
Preserve Views
Preserve Plants and Animals
ZC No.666
CC 8/25/03
EXISTING
Residence with accessory
structures and uses
Residence
Garage
Swim Pool
Stable
Covered porch/
trellises
Service Yard
Refl. Pond
TOTAL
None
30.4%
8.9%
16.8%
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
0
1,185 sq.ft.
600 sq.ft.
80 sq.ft.
7,331 sq.ft.
49.7%
Existing off Packsaddle
Proposed off Packsaddle
N/A
N/A
5 —CD
PROPOSED
Variances to encroach with wall,
reflection pond and trellis into
setbacks
Residence
Garage
Swim Pool
Stable Future
Service Yard
Spa
Covered porches/
Trellises
Refl. pond
TOTAL
None
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
450 sq.ft.
600 sq.ft.
50 sq.ft.
1,185 sq.ft.
80 sq.ft.
7.831 sq.ft.
31.6% of 83,212 square feet net
lot area
9.4%
17.7%
51.5% of 14,316 square feet
building pad area
No change
No change
Planning Commission condition
Planning Commission condition
• •
RESOLUTION NO. 2003-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY
CONSTRUCTED REFLECTION POND AND TO ENCROACH INTO•
THE FRONT YARD SETBACK WITH PREVIOUSLY CONSTRUCTED
TRELLIS AND BLOCK WALLS AT AN EXISTING SINGLE FAMILY
RESIDENCE LOCATED AT 6 PACKSADDLE ROAD EAST IN
ZONING CASE NO. 666. (MURRELL).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. and Mrs. George
Murrell with respect to real property located at 6 Packsaddle Road East (Lot 31-
SF), Rolling Hills, requesting a Variance to encroach into the north side yard
setback to permit the retention of a reflection pond and to encroach into the front
yard setback to permit the retention of a trellis and block walls located along the
stairs into the property. In addition the applicants requested a Variance to
encroach into the north side yard setback with a spa and partially constructed
block wall at an existing residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on June 17, 2003 and July 15, 2003, and at a
field trip visit on July 1, 2003. The applicants were notified of the public hearing
in writing. 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 hearing.
Section 3. In 1996, concurrently with City's administrative approval for
1,005 square foot addition, the Rolling Hills Community Association approved
the proposed addition. A few months later the RHCA approved a detached 140
square foot trellis, 80 square foot reflection pond, stairs, planters and other
features as part of a landscaping plan. The trellis, the reflection pond and the
wall along the stairs do not require building permits. In addition, the mostly
completed 5 foot high wall, located in the north side yard setback, also does not
require a building permit. The applicants interpreted the RHCA approval as
permission to proceed with the construction.
Section 4. During the proceedings, the applicants withdrew the request
for a Variance to encroach with the block wall and the spa into the side yard
setback, and submitted a new request for a Variance for the block wall only, with
new evidence.
Section 5. The Planning Commission finds that the project qualifies as
a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
Reso. 2003-15
ZC 666 VR
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• •
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity.
Section 17.16.120 requires a side yard of twenty feet (20') from the side property
line in the RAS-1 zone and front yard of fifty feet (50') from the roadway
easement. The applicants request a Variance to encroach into the north side yard
setback to permit the retention of an 80 square foot reflection pond and to
encroach into the front yard setback with a140 square foot trellis and 25 feet of
garden walls on each side of the stairs, for a total of 50 feet, that will be up to 3.5
feet in height. 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 or to the intended use that do not apply
generally to the other property or class of use in the same zone because the
structures were approved by one governmental agency, (RHCA), and the
applicants interpreted said approval as permission to proceed with the
construction. No building permits are required for this constrction, and
therefore, the applicants did not violate provisions of the Building Code.
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. The Variance is necessary
to allow the property owner to carry the theme of trellises and ponds along the
side yard.
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. The trellis and the walls,
which are located along the stairs will beautify the front of the property and the
pond will give the proeprty a uniquly refreshing feel. A substantial portion of the
lot will remain undeveloped. In addition, the proposed structures, as
conditioned, will be screened with vegetation so as not to be visible from
surrounding properties.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 666 to permit
the proposed project to encroach into the twenty -foot (20') north side yard
setback and into the fifty -foot (50') foot front yard setback, subject to the
following conditions:
Reso. 2003-15
ZC 666 VR
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A. The Variance approval shall expire within one year from the
effective date of approval as defined in Sections 17.38.070(A) unless otherwise
extended pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance approval, that if
any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder 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.
C. All requirements of the Buildings 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 the Permit, or shown otherwise on
an approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated June 2, 2003,
except as otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and
corral with vehicular access thereto in conformance with site plan review
limitations.
F. There shall be no grading for the project.
G. The structural lot coverage, including the future spa and stable
shall not exceed 7,831 square feet and 9.4% of the net lot area. The total lot
coverage shall not exceed 13,946 square feet and 16.7% of the total lot area. The
coverage on the residential building pad shall not exceed 51.5%. The disturbed
area shall not exceed 31.6% of the total net lot area.
H. A landscaping plan for the areas surrounding the reflection pond
and trellis shall be submitted to the Planning Department for review, and shall
be designed using native plants or other drought -tolerant trees and shrubs so as
not to exceed at maturity the ridge height of the residence nor obstruct views
from neighboring properties. In addition, an irrigation plan for said areas shall
be submitted to the Planning Department.
I. Landscaping shall include water efficient irrigation, to the
maximum extent feasible, that incorporates a low gallonage irrigation system,.
utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and
utilizes means to reduce water waste resulting from runoff and overspray.
J. During construction, dust control measures shall be used to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
Reso. 2003-15
ZC 666 VR
•
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
K. During construction, conformance with local ordinances and
engineering practices so that people or property are not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
L. 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, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
M. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water to the rear of the lot at the northeast.
N. The construction shall minimize erosion and protect slopes and
channels to control storm water pollution.
O. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking shall take place within nearby
roadway easements.
P. 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.
Q. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Public Works Department
Best Management Practices (BMP's) related to solid waste.
R. The applicants shall execute an Affidavit of Acceptance Form of all
conditions of this Variance approval, pursuant to Section 17.38.060, or the
approval shall not be effective.
S. All conditions of this Variance approval must be complied with
prior to the issuance of a final inspection by City staff and Building Department.
PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF AUGUST 2003.
/)
I ,r
EVIE HANKINS, CHAIRWOMAN
ATTEST:
MARILYN KtRN, DEPUTY CITY CLERK
Reso. 2003-15
ZC 666 VR
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY
CONSTRUCTED REFLECTION POND AND TO ENCROACH INTO
THE FRONT YARD SETBACK WITH PREVIOUSLY CONSTRUCTED
TRELLIS AND BLOCK WALLS ALONG THE STAIRS AT AN
EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 6
PACKSADDLE ROAD EAST IN ZONING CASE NO. 666.
(MURRELL).
was approved and adopted at a regular meeting of the Planning Commission on
August 19, 2003 by the following roll call vote:
AYES: Commissioners Hankins, Sommer and Chairman Witte.
NOES: None.
ABSENT: Commissioner DeRoy.
ABSTAIN: Commissioner Margeta.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2003-15
ZC 666 VR
DEPUTY CITY CLERK
5
DATE:
TO:
FROM:
•
o1) l2te Jhfh
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
AUGUST 19, 2003
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE :
PUBLISHED:
REOUEST
ZONING CASE NO. 666
6 PACKSADDLE ROAD EAST (LOT 31-SF)
RAS-1, 2.06 ACRES
DR. AND MRS. GEORGE MURRELL
JOHN JUGE, JUGE DESIGN GROUP
DUNE 7, 2003
Request for a Variance to complete the construction of a 5-foot high block wall,
which encroaches into the north side yard setback. Request for Variances for a
spa, which would encroach into the north side yard setback and request to retain
previously constructed trellis, reflection pond and decorative walls, which
encroach into the side and front yard setbacks.
BACKGROUND
1. The Planning Commission at the July 15, 2003, meeting, directed staff to
prepare a Resolution of approval, regarding the Variance request to retain the
previously constructed reflection pond, trellis and walls, which encroach into the
front and side yard setbacks and to prepare a Resolution to deny the Variance
request to complete the block wall and to construct a spa, which would encroach
into the north side yard setback in Zoning Case No. 666. The vote was 4-0, with
Commissioner Margeta abstaining from voting.
2. Subsequent to the Planning Commission meeting, upon request by the
applicants, staff met with the owners, their representative and the County of LA
Building Official to discuss their options.
3. The applicants submitted a letter, which is attached, withdrawing the
Variance request for the completion and retention of the block wall and
construction of the spa in the side yard setback. The applicants are proposing to
move the spa out of the setback, which can be approved administratively.
yJ
Pririted on Recycled Paper.
• •
4. The applicants have filed a modified Variance request for the retention of
the semi -completed wall in the side yard setback. This variance request will be
considered under a separate item on the agenda.
5. Therefore, the attached Resolution of Approval is for the Variance for the
previously constructed structures, including the trellis, reflection pond and the
wall along the stairs, which encroach into the front and side yard setbacks.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2003-15,
which is attached, approving a Variance request in Zoning Case No. 666 for the
previously constructed reflection pond, trellis and walls in the front yard.
• •
George A. Murrell
# 6 Packsaddle Road East
Rolling Hills, CA 90274
July 30, 2003
Ms. Yolanta Schwartz
City of Rolling Hills
No 1 Portuguese Bend Road
Rolling Hills, CA 90274
Ref: Cancellation of application for variance
Dear Yolanda:
JT1 \'i
AUG 0 12003
CITY OF RGWNG HILLS
BY
As the property owner of # 6 Packsaddle Road East, would you please cancel that
portion of my recent application for a variance that applies to the spa and the
adjacent curved wall? I will be reapplying for the wall due to additional information
and evidence. Thank you.
Sincerely,
George A. Murrell
• •
RESOLUTION NO. 2003-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY
CONSTRUCTED REFLECTION POND AND TO ENCROACH INTO
THE FRONT YARD SETBACK WITH PREVIOUSLY CONSTRUCTED
TRELLIS AND BLOCK WALLS AT AN EXISTING SINGLE FAMILY
RESIDENCE LOCATED AT 6 PACKSADDLE ROAD EAST IN
ZONING CASE NO. 666. (MURRELL).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. and Mrs. George
Murrell with respect to real property located at 6 Packsaddle Road East (Lot 31-
SF), Rolling Hills, requesting a Variance to encroach into the north side yard
setback to permit the retention of a reflection pond and to encroach into the front
yard setback to permit the retention of a trellis and block walls located along the
stairs into the property. In addition the applicants requested a Variance to
encroach into the north side yard setback with a spa and partially constructed
block wall at an existing residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on June 17, 2003 and July 15, 2003, and at a
field trip visit on July 1, 2003. The applicants were notified of the public hearing
in writing. 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 hearing.
Section 3. In 1996, concurrently with City's administrative approval for
1,005 square foot addition, the Rolling Hills Community Association approved
the proposed addition. A few months later the RHCA approved a detached 140
square foot trellis, 80 square foot reflection pond, stairs, planters and other
features as part of a landscaping plan. The trellis, the reflection pond and the
wall along the stairs do not require building permits. In addition, the mostly
completed 5 foot high wall, located in the north side yard setback, also does not
require a building permit. The applicants interpreted the RHCA approval as
permission to proceed with the construction.
Section 4. During the proceedings, the applicants withdrew the request
for a Variance to encroach with the block wall and the spa into the side yard
setback, and submitted a new request for a Variance for the block wall only, with
new evidence.
Section 5. The Planning Commission finds that the project qualifies as
a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
Reso. 2003-15
ZC 666 VR
1
• •
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity.
Section 17.16.120 requires a side yard of twenty feet (20') from the side property
line in the RAS-1 zone and front yard of fifty feet (50') from the roadway
easement. The applicants request a Variance to encroach into the north side yard
setback to permit the retention of an 80 square foot reflection pond and to
encroach into the front yard setback with a140 square foot trellis and 25 feet of
garden walls on each side of the stairs, for a total of 50 feet, that will be up to 3.5
feet in height. 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 or to the intended use that do not apply
generally to the other property or class of use in the same zone because the
structures were approved by one governmental agency, (RHCA), and the
applicants interpreted said approval as permission to proceed with the
construction. No building permits are required for this constrction, and
therefore, the applicants did not violate provisions of the Building Code.
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. The Variance is necessary
to allow the property owner to carry the theme of trellises and ponds along the
side yard.
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. The trellis and the walls,
which are located along the stairs will beautify the front of the property and the
pond will give the proeprty a uniquly refreshing feel. A substantial portion of the
lot will remain undeveloped. In addition, the proposed structures, as
conditioned, will be screened with vegetation so as not to be visible from
surrounding properties.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 666 to permit
the proposed project to encroach into the twenty -foot (20') north side yard
setback and into the fifty -foot (50') foot front yard setback, subject to the
following conditions:
Reso. 2003-15
ZC 666 VR
2
• •
A. The Variance approval shall expire within one year from the
effective date of approval as defined in Sections 17.38.070(A) unless otherwise
extended pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance approval, that if
any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder 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.
C. All requirements of the Buildings 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 the Permit, or shown otherwise on
an approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated June 2, 2003,
except as otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and
corral with vehicular access thereto in conformance with site plan review
limitations.
F. There shall be no grading for the project.
G. The structural lot coverage, including the future spa and stable
shall not exceed 7,831 square feet and 9.4% of the net lot area. The total lot
coverage shall not exceed 13,946 square feet and 16.7% of the total lot area. The
coverage on the residential building pad shall not exceed 51.5%. The disturbed
area shall not exceed 31.6% of the total net lot area.
H. A landscaping plan for the areas surrounding the reflection pond
and trellis shall be submitted to the Planning Department for review, and shall
be designed using native plants or other drought -tolerant trees and shrubs so as
not to exceed at maturity the ridge height of the residence nor obstruct views
from neighboring properties. In addition, an irrigation plan for said areas shall
be submitted to the Planning Department.
I. Landscaping shall include water efficient irrigation, to the
maximum extent feasible, that incorporates a low gallonage irrigation system,
utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and
utilizes means to reduce water waste resulting from runoff and overspray.
J. During construction, dust control measures shall be used to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
Reso. 2003-15
ZC 666 VR
3
• •
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
K. During construction, conformance with local ordinances and
engineering practices so that people or property are not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
L. 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, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
M. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water to the rear of the lot at the northeast.
N. The construction shall minimize erosion and protect slopes and
channels to control storm water pollution.
O. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking shall take place within nearby
roadway easements.
P. 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.
Q. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Public Works Department
Best Management Practices (BMP's) related to solid waste.
R. The applicants shall execute an Affidavit of Acceptance Form of all
conditions of this Variance approval, pursuant to Section 17.38.060, or the
approval shall not be effective.
S. All conditions of this Variance approval must be complied with
prior to the issuance of a final inspection by City staff and Building Department.
PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF AUGUST 2003.
A'f1'EST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. 2003-15
ZC 666 VR
4
EVIE HANKINS, CHAIRWOMAN
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY
CONSTRUCTED REFLECTION POND AND TO ENCROACH INTO
THE FRONT YARD SETBACK WITH PREVIOUSLY CONSTRUCTED
TRELLIS AND BLOCK WALLS ALONG THE STAIRS AT AN
EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 6
PACKSADDLE ROAD EAST IN ZONING CASE NO. 666.
(MURRELL).
was approved and adopted at a regular meeting of the Planning Commission on
August 19, 2003 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. 2003-15
ZC 666 VR
DEPUTY CITY CLERK
5
(310) 544-6222
•
e?o(Lin9 J/tt'Cd. Community ogiwaiation
of S'anafo Jn-at'os l' cies
No. 1 PORTUGUESE BEND RD. • ROLLING HILLS,
ROLLING HILLS
Memorandum
CALIF. 90274
CALIFORNIA
To: Yolanta Schwartz, Principal Planner By
From: Peggy R. Minor, Association Manager
Date: July 28, 2003
Re: Murrell Property — 6 Packsaddle Road East
(310) 544-6766 FAX
•
2
%JUL G p
�UU�
CITY OF ROL!. s
Enclosed is a copy of Rolling Hills Community Association minutes of March 21, 2002,
when the Board agreed to the Murrells placing a fence in their easement "as an
extension of the existing concrete retaining wall on the same plane parallel with the
Murrell residence."
Also, enclosed is backup data regarding the Murrell's request from Dr. & Mrs. Murrell;
Letters dated February 2, 2002 and another letter dated March 30, 2002.
Since the approval was given, a plan showing the exact location of the fence has not
been submitted for consideration.
PRM: JR
Enclosures
RH CITY - Planner — Murrell - Fence
f
Request to install !il fence on property line — Murrell Proms rtv at 6 Packsaddle Road — 3 / 21 / 8.2
East BOD MTG.
'Association Manager, Peggy Minor suggested the date of Saturday, March 30, 2002 for a
field trip to meet with Dr. George Murrell to view the property line where Dr and Mrs.
Murrell have requested permission to build a fence. The Board will meet in the Murrell's
driveway at 7:30 a.m.
Request to install 3-rail fence on property line- Murell Property at 6 Packsaddle Road East
Director Crocker presented the a copy of a site report given to the Board members at a
recent field trip to view the location requested for a 3 rail property line fence. Director
Crocker also stated that the Board has previously made a decision to preserve the view of
the Fuller family and the decision regarding the fence location should not interfere with the
view corridor, which was created. Board members discussed the location proposed for the
fence, agreeing that this location would block the view of the adjacent neighbors and
suggested that the fence be placed as an extension of the existing concrete retaining wall
on the same plane parallel with the Murrell residence. A motion was made to approve use
of a small portion of the Murrell easement as discussed, m. Director Crocker,
s. Director Black and carried unanimously.
Dr. Murrell addressed the drainage issue with the neighbor's property and was referred to
the Los Angeles County Engineer's office.
Page 2 of 4
2002 -BOD Minutes 04-04-02
4/2/02
BOD MTG.
GEORGE & ANNE-MERELIE MURRELL
#6 PACKSADDLE ROAD -EAST, ROLLING HILLS, CA 90274
February 2, 2002
Rolling Hills Community Association
1 Portuguese Bend Road
Rolling Hills, CA 90274
To Whom It May Concern:
Anne-Merelie & George Murrell, owners of property at #6 Packsaddle
Road -East, Rolling Hills,' California, respectfully request
permission to install a standard rail fence on the northern boundary
of our property that extends 15' beyond the south-eastern most
corner of the property at 2 Packsaddle Road -East.
The property line has recently been surveyed and stakes are in
place.
The reasons for the request are:
1. The residences are close to one another.
2. The easement is not useable for a walking or horse trail
3. There have been past violations of substantial encroachment onto
the northern boundary of the Murrell property
4. There have been witnessed accusations made by the owner of the 2-
Packsaddle Road -East property of having trespassed onto his
property. These accusations were punctuated by loud abusive
language and obscenities.
We hope this request will be granted.
Thank you.
Sincerely,
a t 22e4�.0 Me/ficA'
ANNE-MERELIE MURRELL
GEORGE A. MURRELL.
(
Dr. and Mrs. George A. Murrell
#6 Packsaddle Road East
Rolling Hills, CA 70274
Saturday March 30, 2002, 7:30 AM
Site Committee
Rolling Hills Community Association
#1 Portuguese Bend Road
Rolling Hills, CA 90274
Dear Members of The Site Committee:
Thank you for your time and energies to conduct this evaluation visit. The purpose
of the notebook you received is to facilitate your investigation by covering the
subject as completely as possible yet, trying to be brief and organized.
EVENT
The Site Committee was requested to conduct an investigation at #6 Packsaddle
Road East to determine the merits of our request to build a new fence.
PURPOSE
To request permission to install a new standard white 3 rail fence on our property
line at the northern boundary of our property extending approximately fifteen (15)
feet beyond the most south-eastern corner of the property at #2 Packsaddle Road
East. Copies of survey reports are included later in this text for your review.
PRECEDENT
1. Verbal information from RHCU staff said that several standard 3 rail fences
requesting to be installed on the property line, have been approved.
2. Our request is, in reality, a replacement of a pre-existing situation, ie, a standard
3 rail fence was installed in that same general area in 1968 but was removed in the
year 2000 because of property boundary violations The fence we're proposing
would be in the same general area but would be changed wherever necessary to
conform to Rolling Hills requirements.
JUSTIFICATION
1. The residences are close to one another.
2. The easements are not useable for walking or horse trails, but a fence would still
permit their use for pipelines, utilities, etc., should the need ever arise.
3. We have already been given approval from another neighbor, Mr. Bill Horn.
Page 2 of 2
4. The past violations of substantial encroachment and lack of respect of our north
property lines continue. A new boundary line fence would clearly define the
location of our property and, hopefully, would avoid future problems. Please see
pictures of the effects of water run-off on our property.
5. To offer some degree of privacy, whether real or imaginary, to our neighbors and
ourselves.
INTIMIDATION
Once when our neighbor was trespassing well into our property, my wife told hum
he wasn't welcome here and to please leave. He refused saying you'll have to evict
me. She said she didn't want any trouble, just for him to leave. Again he refused
saying you don't know who you're dealing with, and repeated several times he
wouldn't leave, you'll have to evict me, call the sheriff, call the sheriff, so reluctantly,
she did call the sheriff. Our neighbor left for his property before the sheriff arrived
and, in the presence of witnesses, began shouting false accusations of our having
trespassed all over his property. These accusations were punctuated with loud,
insulting, defamatory, abusive, obscene language directed at my wife, all of which he
has since denied. My wife is not accustomed to that kind of behavior and was
understandably intimidated by him, continues to be afraid of him and she doesn't
ever wish to encounter him again. I too was amazed by the depth of his anger and
deeply offended by his obscenities and hostile behavior.
It is very distasteful to have to recall these recent, very bad experiences but, I feel
you should know about this situation. We have lived very happily in Rolling Hills
since 1961, raised our children here and are still involved in the very expensive, time
consuming rehabilitation of our home into our dream home. I find it very
disquieting to strike such a negative, sour note at a time when we should be enjoying
the fruits of a lifetime of work. Anne-Merelie and I would very much appreciate
anything you can do to make this a possibility.
Most sincerely,
kt-,A4ttt
George Murrell
DATE:
TO:
FROM:
• •
e14 `� PP•,.g JJ,�PP
JULY 15, 2003
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
INCORPORATED JANUARY 24, 1957
APPLICATION NO.
SI'1'h LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE :
PUBLISHED:
REOUEST
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
ZONING CASE NO. 666
6 PACKSADDLE ROAD EAST (LOT 31-SF)
RAS-1, 2.06 ACRES
DR. AND MRS. GEORGE MURRELL
JOHN JUGE, JUGE DESIGN GROUP
JUNE 7, 2003
Request for a Variance to complete the construction of a 5-foot high block wall,
which encroaches into the north side yard setback. Request for Variances for a
spa, which would encroach into the north side yard setback and request to retain
previously constructed trellis, reflection pond and decorative walls, which
encroach into the side and front yard setbacks.
BACKGROUND
1. The Planning Commission viewed the proposed project at the property on
July 1, 2003.
2. In October of 2002, staff was informed that a block wall was under
construction on subject property, which seemed to be located in the side yard
setback. Staff investigated the complaint and asked the applicant to cease the
construction and apply to the Planning Commission for a Variance or demolish
the wall. While reviewing the site, the RHCA and Planning Department records,
staff determined that other structures were constructed in the setbacks, without
the benefit of City approvals. Those structures include a 140 square foot trellis
and decorative walls along stairs located in the front yard setback and a
reflection pond located in the north side yard setback.
3. In June 1994, the Planning Commission denied a Site Plan application in
Zoning Case No. 511 for substantial additions to the then existing 3,517 square
foot residence. In 1996, the applicants received an administrative approval for a
1,005 square foot addition to the residence. Pursuant to Section 17.46.020 of the
Zoning Code, a Site Plan Review is required for a project when the modification,
expansion or alteration of any existing building or structure increases the size of
ZC NO. 666 1
Plng.Comm. 7/15/03
® Pnr'tvd on `r.IC<] I'd:
• •
the structure by more than one thousand square feet and has the effect of
increasing the size of the structure by more than 25% in any 36 month period. No
grading was required for the addition.
4. The applicants are currently completing the additions and remodeling of the
residence.
5. In 1996, concurrently with the City's administrative approval, the Rolling
Hills Community Association approved the proposed addition. A few months
later the RHCA approved a detached 140 square foot trellis, 80 square foot
reflection pond, stairs and other features as part of a landscaping plan. The
trellis, the reflection pond and the wall along the stairs do not require building
permits, and therefore, the City was not alerted at that time to the construction in
the setbacks by the Department of Building and Safety. The wall along the stairs
varies in height from 34" to 42" and is not a retaining wall. In addition, the
mostly completed 5 foot high wall also does not require a building permit.
6. Pursuant to Section 17.12.250, of the Zoning Ordinance, required yards
must be unoccupied or unobstructed by any structures from the ground
upwards. When a yard dimension is given, it represents the minimum horizontal
distance between the lot line from which the distance must be measured and a
line parallel to the lot line. In the RAS-1 zone, the required side yard is 20 feet
from the property line, and the required front yard is 50 feet from the roadway
easement. Certain structures, such as walkways, steps, mailboxes, irrigation
systems and lighting are permitted in the setbacks.
7. The applicant's representative states that the Variance is necessary for the
wall to prevent erosion from adjacent property and to provide privacy. This wall
would be an extension of a previously approved and constructed (in 1961), 5-foot
high block wall in the side yard setback. The applicants feel that the Variance is
justified for the already existing structures, because the RHCA approved all of
the structures in 1996, and the applicants were not told at that time that City
approval is also required. Enclosed is a letter from the applicant clarifying the
previous construction and from a physician explaining the need for a spa.
8. The existing house with an attached garage and the 5' high retaining wall
in the side yard setback were built in 1961. In 1967, the swimming pool, a 300
square foot terrace, and a 225 square foot storage area were constructed In 1996 a
1,005 square foot addition was approved, which is currently under construction.
9. The total net lot area of the lot is 83,212 square feet. The property is
developed with a 4,520 square foot residence, 506 square foot garage, 440 square
foot pool, 80 square foot reflection pond, 600 square foot terrace/service yard
and 1,185 square feet of trellises and covered porches for a total of 7,331 square
feet of structures. Proposed are a 50 square foot spa and a 450 square foot future
stable. The total structural coverage of the net lot is proposed to be 7,831 square
feet or 9.4% of the net lot area, (20% permitted).
ZC NO. 666 2
Ping.Comm. 7/15/03
• •
10. The total structural lot coverage of the net lot area, including the
structures and all impervious areas is 13,946 square feet or 16.7%, (35%
permitted).
11. The residential building pad is 14,316 square feet. The residential building
pad coverage is 7,381 square feet or 51.5%. This includes all of the existing
structures and the proposed spa. The future stable will be located on a 1,781
square foot building pad for coverage of 25.0%.
12. The maximum disturbed area will be 26,316 square feet or 31.6%, (40%
maximum permitted).
13. The project has been determined to be categorically exempt pursuant to
the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the staff report, take
public testimony and give direction to staff.
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.666 3
P1ng.Comm. 7/15/03
ZONING CASE NO. 666
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 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).
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.
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
(30% maximum Planning
Commission guideline)
Roadway Access
Access to Stable and Corral
Preserve Views
Preserve Plants and Animals
EXISTING
Residence with accessory
structures and uses
Residence
Garage
Swim Pool
Stable
Covered porch/
trellises
Service Yard
Refl. Pond
TOTAL
None
30.4%
8.9%
16.8%
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
0
1,185 sq.ft.
600 sq.ft.
80 sq.ft.
7.331 sa.ft.
49.7%
Existing off Packsaddle
Proposed off Packsaddle
N/A
N/A
PROPOSED
Variances to encroach with wall,
reflection pond and trellis into
setbacks
Residence
Garage
Swim Pool
Stable Future
Service Yard
Spa
Covered porches/
Trellises
Refl. pond
TOTAL
None
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
450 sq.ft.
600 sq.ft.
50 sq.ft.
1,185 sq.ft.
80 sq.ft.
7.831 sa.ft.
31.6% of 83,212 square feet net
lot area
9.4%
17.7%
51.5% of 14,316 square feet
building pad area
No change
No change
Planning Commission will review
Planning Commission will review
ZC NO.666 4
Plng.Comm. 7/15/03
George A. Murrell, DDS
# 6 Packsaddle Road East
Rolling Hills, CA 90274
Mmmb
JUN 1 0 2003
June 9, 2003 CITY OF ROLLING HILLS
By
City of Rolling Hills
NO. 2 Portuguese Bend Road
Rolling Hills, CA 90274
RE: Public hearing before the Planning Commission
Case No. 666
Dear Members of he Planning Commission:
As a matter of clarification, the trellis, reflection pond and decorative walls,
referred to in paragraph 2, "ZONING CASE NO. 666, were approved on March 6,
1996 by the Rolling Hills Community Association. We interpreted this approval as
permission to proceed with construction, which we did soon after. Thank you.
Sincerely,
-0-tix /0-t-i-tAzi(
George A. Murrell
• •
WILLIAM J. MEALER, M.D.
Diplomate. American Board of Orthopedic Surgery
1 101 N SEPULVEDA BLVD.. SUITE 104. MANHATTAN BEACH. CA 90266
(31 0) 546-3461 FAX (310) 546-6481
June 9, 2003
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, Ca 90274
RE: Public hearing before the Planning Commission
Zoning Case No. 666
To Whom It May Concern:
TPrEllwn
By
JUN 1 0 2003
CITY OF ROLLING HILLS .
Dr. Murrell has been a patient of mine since 1994. He has a history of left
shoulder rotator cuff problems, arthritis in both thumbs with significant
cartilage loss, weakened wrists and recently, a torn muscle and possible
rotator cuff problem in his right arm. His arms, thumbs and hands
continue to become quite sore. Movement and function is limited and he
requires pain medication daily.
A highly effective and recommended therapy used in orthopedics to lessen
pain, reduce joint and muscle stiffness, increase movement and promote
healing is frequent soaking of the affected areas in warm water combined
with mild exercise. The Jacuzzi type spa is the preferred type of
equipment for most therapy because of ease of use, duration and constancy
of heat, gentle exercise and ease of appendage manipulation due to the
floatation effect and high patient compliance because of convenience and
relative improved comfort level.
1 believe frequent warm water soaking combined with mild exercise would
significantly improve the condition of Dr. Murrell's shoulders, arms and
hands and possibly, reduce his medication requirements. It seem the most
sensible way to accomplish this is with a Jacuzzi type spa.
Sincerely,
am.
WJM:vb
4
• •
C1iy of�
DATE: JULY 1, 2003
TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
INCORPORATED JANUARY 24, 1957
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE :
PUBLISHED:
REOUEST
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX (310) 377-7288
E-mail: cityofrh@aol.com
ZONING CASE NO. 666
6 PACKSADDLE ROAD EAST (LOT•31-SF)
RAS-1, 2.06 ACRES
DR. AND MRS. GEORGE MURRELL
JOHN JUGE, JUGE DESIGN GROUP
JUNE 7, 2003
Request for a Variance to complete the construction of a 5-foot high block wall,
which encroaches into the north side yard setback. Request for Variances for a
spa, which would encroach into the north side yard setback and request to retain
previously constructed trellis, reflection pond and decorative walls, which
encroach into the side and front yard setbacks.
BACKGROUND
1. The Planning Commission at the June 15, 2003 scheduled a field trip to
subject property for July 1, 2003.
2. In October of 2002, staff was informed by the applicants' neighbor that a
block wall was under construction on subject property, which seemed to be
located in the side yard setback. Staff investigated the complaint and asked the
applicant to cease the construction and apply to the Planning Commission for a
Variance or demolish the wall. While reviewing the site, the RHCA and Planning
Department records, staff determined that other structures were constructed in
the setbacks, without the benefit of City approvals. Those structures include a
140 square foot trellis and decorative walls along stairs located in the front yard
setback and a reflection pond located in the north side yard setback.
3. In June 1994, the Planning Commission denied a Site Plan application in
Zoning Case No. 511 for substantial additions to the then existing 3,517 square
foot residence. In 1996, the applicants received an administrative approval for a
1,005 square foot addition to the residence. Pursuant to Section 17.46.020 of the
Zoning Code, a Site Plan Review is required for a project when the modification,
expansion or alteration of any existing building or structure increases the size of
ZC NO.666
PIng.Comm. FT
®Printed or. Recycled Riot..
.11
the structure by more than one thousand square feet and has the effect of
increasing the size of the structure by more than 25% in any 36 month period. No
grading was required for the addition.
4. The applicants are currently completing the additions and remodeling of the
residence.
5. In 1996, concurrently with the City's administrative approval, the Rolling
Hills Community Association approved the proposed addition. A few months
later the RHCA approved a detached 140 square foot trellis, 80 square foot
reflection pond, stairs and other features as part of a landscaping plan. The
trellis, the reflection pond and the wall along the stairs do not require building
permits, and therefore, the City was not alerted at that time to the construction in
the setbacks by the Department of Building and Safety. Normally, the LA County
Building and Safety Department would notify the City staff if plans were
submitted to the County without the City's approval, for any construction or
remodel. The County would not issue a permit for such construction until the
issue was clarified and resolved. However, if a structure does not require a
building permit, then the Building Department is not checking or reviewing for
such structure, and therefore, would not necessarily contact the City. The wall
along the stairs varies in height from 34" to 42" and is not a retaining wall. In
addition, the partially constructed 5 foot high wall also does not require a
building permit.
6. Pursuant to Section 17.12.250, of the Zoning Ordinance, required yards
must be unoccupied or unobstructed by any structures from the ground
upwards. When a yard dimension is given, it represents the minimum horizontal
distance between the lot line from which the distance must be measured and a
line parallel to the lot line. In the RAS-1 zone, the required side yard is 20 feet
from the property line, and the required front yard is 50 feet from the roadway
easement. Certain structures, such as walkways, steps, mailboxes, irrigation
systems and lighting are permitted in the setbacks.
7. The applicant's representative states that the Variance is necessary for the
partially constructed wall to prevent erosion from adjacent property and to
provide privacy. This wall would be an extension of a previously approved and
constructed (in 1961), 5-foot high block wall in the side yard setback. The
applicants feel that the Variance is justified for the already existing structures,
because the RHCA approved all of the structures in 1996, and the applicants
were not told at that time that City approval is also required. Enclosed is a letter
from the applicant clarifying the previous construction and from a physician
explaining the need for a spa.
8. The existing house with an attached garage and the 5' high retaining wall
in the side yard setback were built in 1961. In 1967, the swimming pool, a 300
square foot terrace, and a 225 square foot storage area were constructed In 1996 a
1,005 square foot addition was approved, which is currently under construction.
ZC NO.666
P1ng.Comm. FT
2
2
• •
9. The total net lot area of the lot is 83,212 square feet. The property is
developed with a 4,520 square foot residence, 506 square foot garage, 440 square
foot pool, 80 square foot reflection pond, 600 square foot terrace/service yard
and 1,185 square feet of trellises and covered porches for a total of 7,331 square
feet of structures. Proposed are a 50 square foot spa and a 450 square foot future
stable. The total structural coverage of the net lot is proposed to be 7,831 square
feet or 9.4% of the net lot area, (20% permitted).
10. The total structural lot coverage of the net lot area, including the
structures and all impervious areas is 13,946 square feet or 16.7%, (35%
permitted).
11. The residential building pad is 14,316 square feet. The residential building
pad coverage is 7,381 square feet or 51.5%. This includes all of the existing
structures and the proposed spa. The future stable will be located on a 1,781
square foot building pad for coverage of 25.0%.
12. The maximum disturbed area will be 26,316 square feet or 31.6%, (40%
maximum permitted).
13. The project has been determined to be categorically exempt pursuant to
the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission view the project.
ZC NO. 666
P1ng.Comm. FT
ZONING CASE NO. 666
CRITERIA
& MAJOR "IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 ft. from property Tine
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).
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.
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
(30% maximum Planning
Commission guideline)
Roadway Access
Access to Stable and Corral
Preserve Views
Preserve Plants and Animals
0
ZC NO. 666
P1ng.Comm. FT
EXISTING
Residence with accessory
structures and uses
Residence
Garage
Swim Pool
Stable
Covered porch/
trellises
Service Yard
Refl. Pond
TOTAL
None
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
0
1,185 sq.ft.
600 sq.ft.
80 sq.ft.
7.331 sa.ft.
Variances to encroach with wall,
reflection pond and trellis into
setbacks
Residence
Garage
Swim Pool
Stable Future
Service Yard
Spa
Covered porches/
Trellises
Refl. pond
TOTAL
None
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
450 sq.ft.
600 sq.ft.
50 sq.ft.
1,185 sq.ft.
80 sq.ft.
7.831 sa.ft.
30.4% 31.6% of 83,212 square feet net
lot area
8.9%0
16.8%
49.7%
Existing off Packsaddle
Proposed off Packsaddle
N/A
N/A
4
9.4%
17.7%
51.5% of 14,316 square feet
building pad area
No change
No change
Planning Commission will review
Planning Commission will review
• •
WILLIAM J. MEALER, M.D.
Dipiomate. American Board of Orthopedic Surgery
1 101 N. SEPULVEDA BLVD., SUITE 104, MANHATTAN BEACH, CA 90266
(3 1 0) 546-346 I FAX (310) 546-6481
June 9, 2003
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, Ca 90274
RE: Public hearing before the Planning Commission
Zoning Case No. 666
To Whom It May Concern:
By
PMI/WO
JUN 1 0 2003
CITY OF ROLLING HILLS
Dr. Murrell has been a patient of mine since 1994. He has a history of left
shoulder rotator cuff problems, arthritis in both thumbs with significant
cartilage loss, weakened wrists and recently, a tom muscle and possible
rotator cuff problem in his right arm. His arms, thumbs and hands
continue to become quite sore. Movement and function is limited and he
requires pain medication daily.
A highly effective and recommended therapy used in orthopedics to lessen
pain, reduce joint and muscle stiffness, increase movement and promote
healing is frequent soaking of the affected areas in warm water combined
with mild exercise. The Jacuzzi type spa is the preferred type of
equipment for most therapy because of ease of use, duration and constancy
of heat, gentle exercise and ease of appendage manipulation due to the
floatation effect and high patient compliance because of convenience and
relative improved comfort level.
I believe frequent warm water soaking combined with mild exercise would
significantly improve the condition of Dr. Murrell's shoulders, arms and
hands and possibly, reduce his medication requirements. It seem the most
sensible way to accomplish this is with a Jacuzzi type spa.
Sincerely,
WJM:vb
r•
George A. Murrell, DDS
# 6 Packsaddle Road East
Rolling Hills, CA 90274
June 9, 2003
City of Rolling Hills
NO. 2 Portuguese Bend Road
Rolling Hills, CA 90274
RE: Public bearing before the Planning Commission
Case No. 666
Dear Members of he Planning Commission:
Pw
By
J U N 1 0 2003
CITY OF ROLLING HILLS
As a matter of clarification, the trellis, reflection pond and decorative walls,
referred to in paragraph 2, "ZONING CASE NO. 666, were approved on March 6,
1996 by the Rolling Hills Community Association. We interpreted this approval as
permission to proceed with construction, which we did soon after. Thank you.
Sincerely,
A(-t-fAAL-1-(
George A. Murrell
City ol Rolling Jl,•F?,
DATE: JUNE 17, 2003
TO:
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityotrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE :
PUBLISHED:
REQUEST
ZONING CASE NO. 666
6 PACKSADDLE ROAD EAST (LOT 31-SF)
RAS-1, 2.06 ACRES
DR. AND MRS. GEORGE MURRELL
JOHN JUGE, JUGE DESIGN GROUP
JUNE 7, 2003
Request for a Variance to complete the construction of a 5-foot high block wall,
which encroaches into the north side yard setback. Request for Variances for a
spa, which would encroach into the north side yard setback and request to retain
previously constructed trellis, reflection pond and decorative walls, which
encroach into the side and front yard setbacks.
BACKGROUND
1. In October of 2002, staff was informed by the applicants' neighbor that
construction of a block wall was under way, which seemed to be located in the
side yard setback. Staff investigated the complaint and asked the applicant to
cease the construction and apply to the Planning Commission for a Variance or
demolish the wall. While reviewing the site, the RHCA and Planning
Department records, staff determined that other structures were constructed in
the setbacks, without the benefit of City approvals. Those structures include a
140 square foot trellis and decorative walls along stairs located in the front yard
setback and a reflection pond located in the north side yard setback.
2. In June 1994, the Planning Commission denied a Site Plan application in
Zoning Case No. 511 for substantial additions to the then existing 3,517 square
foot residence. In 1996, the applicants received an administrative approval for a
1,005 square foot addition to the residence. Pursuant to Section 17.46.020 of the
Zoning Code, a Site Plan Review is required for a project when the modification,
expansion or alteration of any existing building or structure increases the size of
the structure by more than one thousand square feet and has the effect of
increasing the size of the structure by more than 25% in any 36 month period. No
grading was required for the addition.
ZC No. 666
PC 6/17/03
3. The applicants are currently completing the additions and remodeling of
the residence.
4. In 1996, the Rolling Hills Community Association approved the proposed
addition, and also approved a detached 140 square foot trellis, 80 square foot
reflection pond, stairs and other features as part of a landscaping plan. The
trellis, the reflection pond and the wall along the stairs do not require building
permits, and therefore, the City was not alerted at that time to the, construction in
the setbacks. Normally, the LA County Building and Safety Department would
notify the City staff if plans were submitted to the County without the City's
approval, for either a plan check or a building permit for any construction or
remodel. The County would not issue a permit for such construction until the
issue was clarified and resolved. However, if a structure does not require a
building permit, then the Building Department is not checking or reviewing for
such structure, and therefore, would not necessarily contact the City. The wall
along the stairs varies in height from 34" to 42" and is not a retaining wall. In
addition, the partially constructed 5 foot high wall also does not require a
building permit.
5. Pursuant to Section 17.12.250, of the Zoning Ordinance, required yards
must be unoccupied or unobstructed by any structures from the ground
upwards. When a yard dimension is given, it represents the minimum horizontal
distance between the lot line from which the distance must be measured and a
line parallel to the lot line. In the RAS-1 zone, the required side yard is 20 feet
from the property line, and the required front yard is 50 feet from the roadway
easement. Certain. structures, such as walkways, steps, mailboxes, irrigation
systems and lighting are permitted in the setbacks.
6. The applicant's representative states that the Variance is necessary for the
partially constructed wall to prevent erosion from adjacent property and to
provide privacy. This wall would be an extension of a previously approved and
constructed (in 1961), 5 foot high block wall in the side yard setback. The
applicants feel that the Variance is justified for the already existing structures,
because the RHCA approved all of the structures in 1996, and the applicants
were not told at that time that City approval is also required. Enclosed are letters
from the applicant clarifying the previous construction and the need for a spa.
7. The existing house with an attached garage and the 5' high retaining wall
in the side yard setback were built in 1961. In 1967, the swimming pool, a 300
square foot terrace, and a 225 square foot storage area were constructed In 1996 a
1,005 square •foot addition was approved, which is currently under construction.
8. The total net lot area of the lot is 83,212 square feet. The property is
developed with a 4,520 square foot residence, 506 square foot garage, 440 square
foot garage, 80 square foot reflection pond, 600 square foot terrace/service yard
and1,185 square feet of trellises and covered porches for a total of 7,331 square
feet of structures. Proposed are a 50 square foot spa and a 450 square foot future
stable. The total structural coverage of the net lot is proposed to be 7,831 square
feet or 9.4% of the net lot area, (20% permitted).
ZC No. 666
PC 6/17/03
= r�
9. The total structural lot coverage of the net lot area, including the
structures and all impervious areas is 13,946 square feet or 16.7%, (35%
permitted).
10. The residential building pad is 14,316 square feet. The residential building
pad coverage is 7,381 square feet or 51.5%. This includes all of the existing
structures and the proposed spa. The future stable will be located on a 1,781
square foot building pad for coverage of 25.0%.
11. The maximum disturbed area will be 26,316 square feet or 31.6%, (40%
maximum permitted).
12. The project has been determined to be categorically exempt pursuant to
the California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission open the public hearing,
review the staff report and take public testimony.
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste
Management Plan relating to sit-ing 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. 666
PC 6/17/03
ZONING CASE NO. 666
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 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).
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.
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
(30% maximum Planning
Commission guideline)
Roadway Access
Access to Stable and Corral
Preserve Views
Preserve Plants and Animals
ZC No. 666
PC 6/17/03
EXISTING
Residence with accessory
structures and uses
Residence
Garage
Swim Pool
Stable
Covered porch
trellises
Service Yard
Refl. Pond
TOTAL
None
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
0
1,185 sq.ft.
600 sq.ft.
80 sq.ft.
7,331 sq.ft.
PROPOSED
Variances to encroach with wall,
reflection pond and trellis into
setbacks
Residence
Garage
Swim Pool
Stable Future
Service Yard
Spa
Covered porches
Trellises
Refl. pond
TOTAL
None
4,520 sq.ft.
506 sq.ft.
440 sq.ft.
450 sq.ft.
600 sq.ft.
50 sq.ft.
1,185 sq.ft.
80 sq.ft.
7,831 sq.ft.
30.4% 31.6% of 83,212 square feet net
lot area
8.9%
16.8%
49.7%
Existing off Packsaddle
Proposed off Packsaddle
N/A
N/A
of
9.4%
17.7%
51.5% of 14,316 square feet
building pad area
No change
No change
Planning Commission will review
Planning Commission will review
George A. Murrell, DDS
# 6 Packsaddle Road East
Rolling Hills,-C-A 90274
jrcrliw
JUN 1 0 2003
June 9, 2003 CITY OF ROLLING HILLS
By
City of Rolling Hills
NO. 2 Portuguese Bend Road
Rolling Hills, CA 90274
RE: Public hearing before the Planning Commission
Case No. 666
Dear Members of he Planning Commission:
As a matter of clarification, the trellis, reflection pond and decorative walls,
referred to in paragraph 2, "ZONING CASE NO. 666, were approved on March 6,
1996 by the Rolling Hills Community Association. We interpreted this approval as
permission to proceed with construction, which we did soon after. Thank you.
Sincerely,
George A. Murrell
WILLIAM J. MEALER, M.D.
Diplomate. AmenCan Board of Orthopedic Surgery
1 101 N. SEPULVEDA BLVD . SUITE 104. MANHATTAN BEACH. CA 00266
1310) 546-3461 FAX 1310) 546-6481
June 9, 2003
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, Ca 90274
RE: Public hearing before the Planning Commission
Zoning Case No. 666
To Whom It May Concern:
By
j1.031781)
J U N 1 0 2003
CITY OF ROLLING HILLS
Dr. Murrell has been a patient of mine since 1994. He has a history of left
shoulder rotator cuff problems, arthritis in both thumbs with significant
cartilage loss, weakened wrists and recently, a tom muscle and possible
rotator cuff problem in his right arm. His arms, thumbs and hands
continue to become quite sore. Movement and function is limited and he
requires pain medication daily.
A highly effective and recommended therapy used in orthopedics to lessen
pain, reduce joint and muscle stiffness, increase movement and promote
healing is frequent soaking of the affected areas in warm water combined
with mild exercise. The Jacuzzi type spa is the preferred type of
equipment for most therapy because of ease of use, duration and constancy
of heat, gentle exercise and ease of appendage manipulation due to the
floatation effect and high patient compliance because of convenience and
relative improved comfort level.
I believe frequent warm water soaking combined with mild exercise would
significantly improve the condition of Dr. Murrell's shoulders, arms and
hands and possibly, reduce his medication requirements. It seem the most
sensible way to accomplish this is with a Jacuzzi type spa.
Sincerely,
Wtlliani 1? ealer, M.
WJM:vb