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883, Previous owner constructed an , Staff Reports• • Ral.4:09 ger4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 4-A Mtg. Date: 08/10/15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECT R THRU: RAYMOND R. CRUZ, CITY MANAGER SUBJECT: RESOLUTION NO. 2015-15. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS • GRANTING APPROVAL OF VARIANCES TO ENCROACH WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6 MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN). THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AS CLASS 3 CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 OF THE CEQA GUIDELINES. REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The property owner, Ms. Deborah Thoren-Peden, requests a Variance to enclose 65 square feet of an existing covered porch located in the 50-foot front yard setback, and to maintain a 140 square foot pond in its as -built condition, located within the 20-foot easterly side yard setback. The Variance is to encroach 8 feet into the 20-foot southeasterly side yard setback with the pond and with 12-foot encroachment for the addition, which area is already enclosed on 3 sides. 3. The Planning Commission by a vote 4-1 (Commissioner Kirkpatrick abstained, because he was absent at the prior Planning Commission meeting), approved the project. The Commission found that the project is minimal due to the fact that the existing porch already encroaches into the setback and is enclosed on three sides; that the encroachment would not be greater than the existing house, as the house encroaches into the front • • setback by a greater amount; that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property; that the encroachment of the pond is not obtrusive or makes the lot look overbuilt because it is not a structure but an open, passive use; that configuration of the existing residence and interior layout of the residence creates a hardship to improving the property; that the lot is unique because it has a very steep frontage and the entire house was previously constructed in front setback; that several of the neighbors attended the field trip and did not object to the project. BACKGROUND 4. The subject property is zoned RAS-1, located at the end of a cul-de-sac on Maverick Lane and is irregular in shape. The net lot area for development purposes is 36,970 square feet. The property is developed with a 4,864 square foot residence, 541 square foot garage, 129 square foot spa, 96 square foot service yard and 140 square foot pond. To the rear, on a separate pad there is a 715 square foot stable and adjoining corral. 5. Records show that the residence and attached garage were constructed in 1956 under Los Angeles County zoning standards applicable at that time. The stable and corral were added in 1963 and 1971, and numerous permits for additions (bathrooms, recreation room, storage), remodeling and retaining walls were approved between 1962 and 2001. Two variances have been granted by the City, in 1961 allowing a recreation room and storage to be built in sideyard setback, and in 1991, to allow a new breakfast room, and bathroom that encroach, respectively, within the front and side yard setbacks. There are no permits of record for the existing 140 square foot pond, which is one of two variances requested. The applicant wishes to retain the pond within the 20-foot wide easterly setback. MUNICIPAL CODE COMPLIANCE 6. The existing home structure is nonconforming across its entire front, with respect to the depth of the front setback. The current code requires a 50-foot front setback, taken from the edge of the street easement on Maverick Lane, however when built, prior to adoption of the current code, a shallower setback was required. Accordingly the existing home along its entire width encroaches between approximately 9.5 and 25 feet into the 50-foot front setback. The 65 square feet of new living area would encroach up to approximately 12 feet into the front setback and would be located to the rear of an existing laundry room. The changes to the home to accommodate the porch enclosure are relatively minimal. One new window will be installed at the front of the house, and in order to enclose the porch one existing wall and door will be demolished, a new wall constructed and a ZC NO.883 (-Z- • • sliding door and window will be relocated to the new wall. An existing roof overhang will remain unchanged. This project does not qualify for reduced front setback, because it is not located in the Overlay Zone. Although the lot meets the size criteria for reduced setbacks on lots 1.25 acres or less in the RAS-1 zone that reduced setback allowance applies only when an existing encroaching structure is reconstructed, not for new additions, (RHMC 17.24.045). 7. Ponds are defined as "water features" and - are regulated as accessory uses (RHMC 17.16.030 and 17.16.200). The code permits decorative water features that are part of the landscaping to be located within the front yard but requires that they comply with side yard setbacks. The code also exempts ponds (up to 120 square feet) from being counted as building pad coverage, lot or structural coverage. The 140 square foot pond, irregular in shape comes as close as approximately 12 feet from the property line, or an eight -foot encroachment into the setback. The mechanical equipment that services the pond is located below a decorative element at the high end of the structure, which eliminates or greatly reduces visual and sound impacts. The pond is 150 feet from the closest residence on the east side. 8. No grading or retaining walls are required for this project and the proposed construction is in an already disturbed area. The subject property has 30,673 square feet of total disturbed area encompassing two building pads, or 82.9% of the net lot area. Although this significantly exceeds the 40% maximum allowed, the new work and the existing pond are located within an already disturbed area with no additional disturbance proposed. 9. The lot has 46,590 square feet, or 1.06 acres, including roadway easement and 36,970 square feet net for development purposes. The total structural coverage of the net lot with the addition of 65 square feet for the kitchen expansion is proposed to be 6,942 square feet or 18.77% (w/allowances). The total coverage (structures and flatwork) is proposed to be 12,167 square feet or 32.9%. It should be noted that 120 square feet of the 140 square foot pond can be discounted towards the structural coverage because it falls within 800 square feet total of detached ancillary structures that are exempt. 10. The subject property has two building pads: Pad 1, towards the front, which supports the residential use including spa and subject pond, and Pad 2, to the rear, that is developed with a stable and related accessway. Pad 1 contains 12,733 square feet and has coverage of 48.9%. This exceeds the guideline of 30% established by the Planning Commission, however the coverage will not be increased because the new living area, being enclosed beneath an existing roof is already counted towards the allowed coverage. Pad 2 contains approximately 5,383 square feet and, with the existing 715 square foot stable, has coverage of approximately 13.2%, which will not change as no further improvements are proposed at that location. ZC NO. 883c3) • • 11. In response for justification for the Variance for encroachment the applicants' representative states that: exceptional circumstances are present due to the fact that the existing home was legally constructed under a former code and as such, a significant portion already lies within the front yard setback. Other issues that are cited include the relatively small size of the lot, and the unusual shape of the house, which has several angles and areas wrapped around courtyards or planted areas, a condition that presents challenges to the floor plan. The applicants' representative also states that the Variance will not be materially detrimental to the public welfare or injurious to other properties in the same zone, in that the improvements will not be a significant change from existing conditions: the kitchen expansion is in an area already covered by roof and hardscape and will not be visible by neighborhoods from any perspective and the pond appears to have been existing for years without creating any impact on neighbors. In addition, the existing home along its entire width encroaches between approximately 9.5 and 25 feet into the 50-foot front setback. As such, any home additions, such as proposed, that occur within the currently applicable front setback require approval of a Variance. 12. The project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) on the basis that it is a minor addition to an existing residential structure (CEQA Guidelines; Section 15301.e). CONCLUSION 13. When reviewing the application the Planning Commission considers 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, and whether it meets the criteria for granting of a Variance. 14. The project as existing provides for a stable and corral in an area not affected by the proposed structures. ZC NO.883 -4- i ZONING CASE NO. 883 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for >800 sq. ft. pool, grading & elevated deck. Variance for encroachment of the pool, walls and decking into the side setback GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.). Must be balanced on -site. STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential Stable DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 883 EXISTING SINGLE FAMILY RESIDENCE, GARAGE, SPA, STABLE, POND Residence 4864 sq.ft. 541 sq.ft. 129 sq.ft. 110 sq.ft. 751 sq. ft. 96 sq.ft. 140 sq.ft. 313 sq. ft. Garage Spa Spa equip. Stable Service yard Pond Cov.porch (attached) Entryway TOTAL N/A 165 sq. ft. PROPOSED SINGLE FAMILY RESIDENCE GARAGE, SPA, STABLE, POND ,Residence 4929 sq.ft. Garage 541 sq.ft. Spa 129 sq.ft. Spa equip. 110 sq.ft. Stable 751 sq.ft. Service yard 96 sq.ft. Pond 140 sq.ft. .Cov. porch 248 sq.ft. (attached) Entryway 7109 sq.ft. TOTAL No grading 165 sq. ft. 7109 sq. ft. 19.2% 19.2% or 7,109 sq. ft of 36,970 sq. ft. net lot area 33.26% 33.26% or 12,298 sq.ft. of 36,970 sq. ft. net lot area 48.9% 13.2% 82.9% (estimated) Existing with corral Existing Existing driveway approach N/A N/A 48.9% (no change) 13.2% (no change) 82.9% (estimated) or 30,673 sf - no change Existing with corral Existing Existing driveway approach Planning Commission review Planning Commission review • • CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 883 RESOLUTION NO. 2015-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6 MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN). 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 Ms. Deborah Thoren-Peden with respect to real property located at 6 Maverick Lane, (Lot 25-SK), Rolling Hills, CA requesting Variances to enclose 65 square feet of an existing covered porch located in the 50-foot front yard setback, and to maintain a 140 square foot pond in its as -built condition, located within the 20-foot easterly side yard setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on June 16, 2015 at a regular Planning Commission meeting and in the field also on June 16, 2015. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and her representative were in attendance at the hearings. Section 3. The subject property is zoned RAS-1, located at the end of a cul-de-sac on Maverick Lane and is irregular in shape. The net lot area for development purposes is 36,970 square feet. The existing home along its entire width encroaches between approximately 9.5 and 25 feet into the required 50- foot front setback. The 65 square feet of new living area would encroach up to approximately 12 feet into the front setback and would be located to the rear of an existing laundry room. Section 4. The Planning Commission finds that the project qualifies as Class 3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality Act) Guidelines and is therefore exempt from environmental review. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary Reso. 2015-15 1 • • 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. Sections 17.16.140(B) and 17.16.150, which list permitted projections and encroachment into setbacks, do not allow a covered porch, and enclosed living area or a pond in a setback. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-1 zone shall have a side setback of not less than 20 feet from the side property line and Section 17.16.110 requires that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the road easement line. The applicant is requesting a Variance to encroach 8 feet into the 20-foot southeasterly side yard setback with the pond and with 12-foot encroachment for the addition, which area is already enclosed on 3 sides. With respect to this request for Variance, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions because the configuration of the existing structure, which encroaches into the front setback, prevent further expansion, except into the setback. In addition, the proposed encroachment would follow the limits of the structure in the front of the property. The Commission further finds that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property. The addition consists of constructing one new wall to enclose an already existing entryway/porch. The side yard encroachment with a pond is relatively minimal, the use is passive and because of the configuration of the existing structures on the lot any structure in that location would require a variance. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone, including the ability to have an outdoor water feature on the property and the ability to convert an existing covered enclosed porch into living space. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment is very minor and is not visible from the street or other residence. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone, including the ability to have an outdoor water feature on the property and the ability to convert an existing covered enclosed porch into living space. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The side encroachment is very minor and is not visible from the street or other residence. The front encroachment already exists and is not going to appear as being larger than existing. Reso. 2015-15 C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the front setback is minimal and is behind the existing line of encroachment. The area of addition would not impair views. The pond does not constitute a major structure and is minimal in size. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive, under an existing roof and will not affect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. 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. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 883 to enclose 65 square feet of a covered porch in the front setback into a living area and to retain a pond in the side setback, subject to the following conditions: A. The Variances approval 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 17.38.070(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 thereunder shall lapse; provided that the City has given the applicants 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 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 the Permit, or shown otherwise on an approved plan. Reso. 2015-15 • • D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 11, 2015, except as otherwise provided in these conditions. E. The working drawings submitted to the Department of Building and Safety for plan check review must conform to the development plan approved with this application. F. All utility lines for structures subject to this application shall be placed underground. G. There shall be no grading for this project. H. Structural lot coverage shall not exceed 7,073 square feet or 19.13%; with allowance the structural coverage shall be 18.8%. Total lot coverage of structures and paved areas shall not exceed 12,298 square feet or 32.9% -with allowances, in conformance with lot coverage limitations. I. The disturbed area of the lot shall not exceed 24,285 square feet or 68.4.0% of the net lot area, which is legal non -conforming condition and no additional disturbance shall be allowed with this application. J. Residential building pad coverage on the 12,733 square foot residential building pad shall be 49.9%, which includes the pond and addition under the roof. K. The existing stable and corral or 1,000 square foot area, feasible for development of a stable, corral and access thereto, shall be retained on the property. L. The applicant shall obtain building permits for the as built pond pump and the proposed addition. M. The unpermitted pizza -oven in the side yard shall be demolished. N. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. Reso. 2015-15 4 • • 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 unimproved roadway easements, but not to obstruct neighboring driveways. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. 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 to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities.. Further, the property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. R. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance, roofing material ordinance and all other requirements. S. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. T. If any landscaping is introduced for this project, the trees or shrubs shall be of a type that do not grow higher than the ridge line of the residence and shall be maintained at such height at all times, so as not to impair neighbors' view. The landscaping, if planted, shall include native drought -resistant vegetation and be planted in an offset manner so that not to result in a hedge like screen. If landscaping of 5,000 square foot area or greater is introduced the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. U. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Reso. 2015-15 5 • • Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. V. Perimeter easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, grading, landscaping, irrigation and drainage devices, play equipment, parked vehicles, driveways, building materials, debris and equipment, unless the Rolling Hills Community Association approves an encroachment. W. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: hftp://www.wrh.noaa.00v/loximain.nho?suite=safetv&pade=hazard definiti ons#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. X. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of building permit. Y. Until the applicants execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. Z. All conditions of the Variances approval, that apply, shall be complied with prior to the issuance of building permit from the County of Los Angeles. PASSED, APPROVED AND ADOP Y 0 JULY 2015. CIF, CHAIRM ATTEST: 14. HEIDI LUCE, CITY CLERK Reso. 2015-15 6 • • 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2015-15 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6 MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN). was approved and adopted at a regular meeting of the Planning Commission on July 21, 2015 by the following roll call vote: AYES: Commissioners Cardenas, Gray, Kirkpatrick, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2015-15 r.il -fretad' Y&w J CITY CLERK a 7 • TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: Ra qe • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 7A Mtg. Date: 7-21-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 883 6 MAVERICK LANE (LOT 25-SK) RA-S-1, 1.06 ACRES GROSS MS. DEBORAH THOREN-PEDEN RICHIE-BRAY LANDSCAPE ARCHITECTS JUNE 4, 2015 REQUEST AND PLANNING COMMISSION ACTION 1. The property owner, Ms. Deborah Thoren-Peden, requests a Variance to enclose 65 square feet of an existing covered porch located in the 50-foot front yard setback, and to maintain a 140 square foot pond in its as -built condition, located within the 20-foot easterly side yard setback. 2. The Planning Commission conducted a field trip to the subject property on June 16, and at its regular meeting on the same date, conducted a public hearing and directed staff to prepare a Resolution approving the application subject to conditions. The attached Resolution No. 2015-14 contains standard findings of fact and conditions, including conditions specific to this case, that the unpermitted pond structure shall be legalized and building permits obtained and the unpermitted pizza oven be demolished. 3. It is recommended that the Planning Commission review and consider the attached Resolution for approval. • • THIS PAGE INTENTIONALLY LEFT BLANK U • • RESOLUTION NO. 2015-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6 MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN). 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 Ms. Deborah Thoren-Peden with respect to real property located at 6 Maverick Lane, (Lot 25-SK), Rolling Hills, CA requesting Variances to enclose 65 square feet of an existing covered porch located in the 50-foot front yard setback, and to maintain a 140 square foot pond in its as -built condition, located within the 20-foot easterly side yard setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on June 16, 2015 at a regular Planning Commission meeting and in the field also on June 16, 2015. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and her representative were in attendance at the hearings. Section 3. The subject property is zoned RAS-1, located at the end of a cul-de-sac on Maverick Lane and is irregular in shape. The net lot area for development purposes is 36,970 square feet. The existing home along its entire width encroaches between approximately 9.5 and 25 feet into the required 50- foot front setback. The 65 square feet of new living area would encroach up to approximately 12 feet into the front setback and would be located to the rear of an existing laundry room. Section 4. The Planning Commission finds that the project qualifies as Class 3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality Act) Guidelines and is therefore exempt from environmental review. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary Reso. 2015-15 1 • • circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-1 zone shall have a side setback of not less than 20 feet from the side property line and Section 17.16.110 requires that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the road easement line. The applicant is requesting a Variance to encroach . 8 feet into the 20-foot southeasterly side yard setback with the pond and with 12-foot encroachment for the addition, which area is already enclosed on 3 sides. With respect to this request for Variance, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions because the configuration of the existing structure, which encroaches into the front setback, prevent further expansion, except into the setback. In addition, the proposed encroachment would follow the limits of the structure in the front of the property. The Commission further finds that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property. The addition consists of constructing one new wall to enclose an already existing entryway/porch. The side yard encroachment with a pond is relatively minimal, the use is passive and because of the configuration of the existing structures on the lot any structure in that location would require a variance. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment is very minor and is not visible from the street or other residence. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The side encroachment is very minor and is not visible from the street or other residence. The front encroachment already exists and is not going to appear as being larger than existing. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the front setback is minimal and is behind the existing line of encroachment. The area of addition would not impair views. The pond does not constitute a major structure Reso. 2015-15 2 t and is minimal in size. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive, under an existing roof and will not affect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. 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. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 883 to enclose 65 square feet of a covered porch in the front setback into a living area and to retain a pond in the side setback, subject to the following conditions: A. The Variances approval 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 17.38.070(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 thereunder shall lapse; provided that the City has given the applicants 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 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 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 dated June 11, 2015, except as otherwise provided in these conditions. Reso. 2015-15 • • E. The working drawings submitted to the Department of Building and Safety for plan check review must conform to the development plan approved with this application. F. All utility lines for structures subject to this application shall be placed underground. G. There shall be no grading for this project. H. Structural lot coverage shall not exceed 7,073 square feet or 19.13%; with allowance the structural coverage shall be 18.8%. Total lot coverage of structures and paved areas shall not exceed 12,298 square feet or 32.9% -with allowances, in conformance with lot coverage limitations. I. The disturbed area of the lot shall not exceed 24,285 square feet or 68.4.0% of the net lot area, which is legal non -conforming condition and no additional disturbance shall be allowed with this application. J. Residential building pad coverage on the 12,733 square foot residential building pad shall be 49.9%, which includes the pond and addition under the roof. K. The existing stable and corral or 1,000 square foot area, feasible for development of a stable, corral and access thereto, shall be retained on the property. L. The applicant shall obtain building permits for the as built pond pump and the proposed addition. M. The unpermitted pizza -oven in the side yard shall be demolished. N. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. 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 unimproved roadway easements, but not to obstruct neighboring driveways. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. Reso. 2015-15 4 • • 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 to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. Further, the property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. R. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance, roofing material ordinance and all other requirements. S. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. T. If any landscaping is introduced for this project, the trees or shrubs shall be of a type that do not grow higher than the ridge line of the residence and shall be maintained at such height at all times, so as not to impair neighbors' view. The landscaping, if planted, shall include native drought -resistant vegetation and be planted in an offset manner so that not to result in a hedge like screen. If landscaping of 5,000 square foot area or greater is introduced the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. U. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. V. Perimeter easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, grading, landscaping, irrigation and drainage devices, play equipment, Reso. 2015-15 5 • • parked vehicles, driveways, building materials, debris and equipment, unless the Rolling Hills Community Association approves an encroachment. W. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard definiti ons#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. X. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of building permit. Y. Until the applicants execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. Z. All conditions of the Variances approval, that apply, shall be complied with prior to the issuance of building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JULY 2015. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK 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. Reso. 2015-15 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2015-15 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6 MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN). was approved and adopted at a regular meeting of the Planning Commission on July 21, 2015 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. CITY CLERK Reso. 2015-15 7 • RESOLUTION NO. 2015-15 IRIEVISED 07/21/2015 Mtg. Date: 7/21/15 Agenda item: 7-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6 MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN). 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 Ms. Deborah Thoren-Peden with respect to real property located at 6 Maverick Lane, (Lot 25-SK), Rolling Hills, CA requesting Variances to enclose 65 square feet of an existing covered porch located in the 50-foot front yard setback, and to maintain a 140 square foot pond in its as -built condition, located within the 20-foot easterly side yard setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on June 16, 2015 at a regular Planning Commission meeting and in the field also on June 16, 2015. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and her representative were in attendance at the hearings. Section 3. The subject property is zoned RAS-1, located at the end of a cul-de-sac on Maverick Lane and is irregular in shape. The net lot area for development purposes is 36,970 square feet. The existing home along its entire width encroaches between approximately 9.5 and 25 feet into the required 50- foot front setback. The 65 square feet of new living area would encroach up to approximately 12 feet into the front setback and would be located to the rear of an existing laundry room: Section 4. The Planning Commission finds that the project qualifies as Class 3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality Act) Guidelines and is therefore exempt from environmental review. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary Reso. 2015-15 1 • • 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. Sections 17.16.140(B) and 17.16.150, which list permitted projections and encroachment into setbacks, do not allow a covered porch, and enclosed living area o a pond in a setback. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-1 zone shall have a side setback of not less than 20 feet from the side property line and Section 17.16.110 requires that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the road easement line. The applicant is requesting a Variance to encroach 8 feet into the 20-foot southeasterly side yard setback with the pond and with 12-foot encroachment for the addition, which area is already enclosed on 3 sides. With respect to this request for Variance, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions because the configuration of the existing structure, which encroaches into the front setback, prevent further expansion, except into the setback. In addition, the proposed encroachment would follow the limits of the structure in the front of the property. The Commission further finds that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property. The addition consists of constructing one new wall to enclose an already existing entryway/porch. The side yard encroachment with a pond is relatively minimal, the use is passive and because of the configuration of the existing structures on the lot any structure in that location would require a variance. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone, including the ability to have an outdoor water feature on the property and the ability to convert an existing covered enclosed porch into living space. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment is very minor and is not visible from the street or other residence. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone, including the ability to have an outdoor water feature on the property and the ability to convert an existing covered enclosed porch into living space. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The side encroachment is very minor and is not visible from the street or other residence. The front encroachment already exists and is not going to appear as being larger than existing. Reso. 2015-15 2 • • C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the front setback is minimal and is behind the existing line of encroachment. The area of addition would not impair views. The pond does not constitute a major structure and is minimal in size. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive, under an existing roof and will not affect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. 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. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 883 to enclose 65 square feet of a covered porch in the front setback into a living area and to retain a pond in the side setback, subject to the following conditions: A. The Variances approval 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 17.38.070(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 thereunder shall lapse; provided that the City has given the applicants 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 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 the Permit, or shown otherwise on an approved plan. Reso. 2015-15 3 • • D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 11, 2015, except as otherwise provided in these conditions. E. The working drawings submitted to the Department of Building and Safety for plan check review must conform to the development plan approved with this application. F. All utility lines for structures subject to this application shall be placed underground. G. There shall be no grading for this project. H. Structural lot coverage shall not exceed 7,073 square feet or 19.13%; with allowance the structural coverage shall be 18.8%. Total lot coverage of structures and paved areas shall not exceed 12,298 square feet or 32.9% -with allowances, in conformance with lot coverage limitations. I. The disturbed area of the lot shall not exceed 24,285 square feet or 68.4.0% of the net lot area, which is legal non -conforming condition and no additional disturbance shall be allowed with this application. J. Residential building pad coverage on the 12,733 square foot residential building pad shall be 49.9%, which includes the pond and addition under the roof. K. The existing stable and corral or 1,000 square foot area, feasible for development of a stable, corral and access thereto, shall be retained on the property. L. The applicant shall obtain building permits for the as built pond pump and the proposed addition. M. The unpermitted pizza -oven in the side yard shall be demolished. N. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. Reso. 2015-15 4 • • 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 unimproved roadway easements, but not to obstruct neighboring driveways. During construction, to maximum extend feasible, employees of the contractor shall car-pool into the City. 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 to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. Further, the property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. R. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance, roofing material ordinance and all other requirements. S. Minimum of 50% of the construction material spoils shall be recycled and diverted. The hauler shall provide the appropriate documentation to the City. T. If any landscaping is introduced for this project, the trees or shrubs shall be of a type that do not grow higher than the ridge line of the residence and shall be maintained at such height at all times, so as not to impair neighbors' view. The landscaping, if planted, shall include native drought -resistant vegetation and be planted in an offset manner so that not to result in a hedge like screen. If landscaping of 5,000 square foot area or greater is introduced the landscaping shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. U. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Reso. 2015-15 5 • • Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. V. Perimeter easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, grading, landscaping, irrigation and drainage devices, play equipment, parked vehicles, driveways, building materials, debris and equipment, unless the Rolling Hills Community Association approves an encroachment. W. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/Iox/main.php?suite=safety&page=hazard definiti ons#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. X. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of building permit. Y. Until the applicants execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. Z. All conditions of the Variances approval, that apply, shall be complied with prior to the issuance of building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JULY 2015. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, CITY CLERK Reso. 2015-15 6 • TO: FROM: APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: Ral&e, ge.e6 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 7A Mtg. Date: 6-16-15 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR ZONING CASE NO. 883 6 MAVERICK LANE (LOT 25-SK) RA-S-1, 1.06 ACRES GROSS MS. DEBORAH THOREN-PEDEN RICHIE-BRAY LANDSCAPE ARCHITECTS JUNE 4, 2015 REQUST AND RECOMMENDATION 1. The Planning Commission viewed the project in the field earlier on June 16, 2015. It is recommended that the Planning Commission reconvene the meeting, take public testimony and provide direction to staff. 2. The property owner, Ms. Deborah Thoren-Peden, requests a Variance to enclose 65 square feet of an existing covered porch located in the 50-foot front yard setback, and to maintain a 140 square foot pond in its as -built condition, located within the 25-foot easterly side yard setback. BACKGROUND 3. The subject property is zoned RAS-1, located at the end of a cul-de-sac on Maverick Lane and is irregular in shape. The net lot area for development purposes is 36,970 square feet. The. property is developed with a 4,864 square foot residence, 541 square foot garage, 129 square foot spa, 96 square foot service yard and 140 square foot pond. To the rear, on a separate pad there is a 715 square foot stable and adjoining corral. 4. Records show that the residence and attached garage were constructed in 1956 under Los Angeles County zoning standards applicable at that time. The stable and • w • corral were added in 1963 and 1971, and numerous permits for additions (bathrooms, recreation room, storage), remodeling and retaining walls were approved between 1962 and 2001. Two variances have been granted by the City, in 1961 allowing a recreation room and storage to be built in sideyard setback, and in 1991, to allow a new breakfast room, and bathroom that encroach, respectively, within the front and side yard setbacks. There are no permits of record for the existing 140 square foot pond, which is one of two variances requested. The applicant wishes to retain the pond within the 20-foot wide easterly setback. MUNICIPAL CODE COMPLIANCE 5. Living Area Variance. The existing home structure is nonconforming across its entire front, with respect to the depth of the front setback. The current code requires a 50-foot front setback, taken from the edge of the street easement on Maverick Lane, however when built, prior to adoption of the current code, a shallower setback was required. Accordingly the existing home along its entire width encroaches between approximately 9.5 and 25 feet into the 50-foot front setback. The 65 square feet of new living area would encroach up to approximately 12 feet into the front setback and would be located to the rear of an existing laundry room. The changes to the home to accommodate the porch enclosure are relatively minimal. One new window will be installed at the front of the house, and in order to enclose the porch one existing wall and door will be demolished, a new wall constructed and a sliding door and window will be relocated to the new wall. An existing roof overhang will remain unchanged. This project does not qualify for reduced front setback, because it is not located in the Overlay Zone. Although the lot meets the size criteria for reduced setbacks on lots 1.25 acres or less in the RAS-1 zone that reduced setback allowance applies only when an existing encroaching structure is reconstructed, not for new additions, (RHMC 17.24.045). 6. Pond Variance. Ponds are defined as "water features" and are regulated as accessory uses (RHMC 17.16.030 and 17.16.200). The code permits decorative water features that are part of the landscaping to be located within the front yard but requires that they comply with side yard setbacks. The code also exempts ponds (up to 120 square feet) from being counted as building pad coverage, lot or structural coverage. The 140 square foot pond, irregular in shape comes as close as approximately 12 feet from the property line, or an eight -foot encroachment into the setback. The mechanical equipment that services the pond is located below a decorative element at the high end of the structure, which eliminates or greatly reduces visual and sound impacts. The pond is 150 feet from the closest residence on the east side. 7. No grading or retaining walls are required for this project and the proposed construction is in an already disturbed area. ZC NO.883 ./ • • 8. The lot has 46,590 square feet, or 1.06 acres, including roadway easement and 36,970 square feet net for development purposes. The total structural coverage of the net lot with the addition of 65 square feet for the kitchen expansion is proposed to be 6,942 square feet or 18.77%. The total coverage (structures and flatwork) is proposed to be 12,167 square feet or 32.9%. It should be noted that 120 square feet of the 140 square foot pond can be discounted towards the structural coverage because they fall within 800 square feet total of detached ancillary structures that are exempt. 9. The subject property has two building pads: Pad 1, towards the front, which supports the residential use including spa and subject pond, and Pad 2, to the rear, that is developed with a stable and related accessway. Pad 1 contains 12,733 square feet and has coverage of 48.9%. This exceeds the guideline of 30% established by the Planning Commission, however the coverage will not be increased because the new living area, being enclosed beneath an existing roof is already counted towards the allowed coverage. Pad 2 contains approximately 5,383 square feet and, with the existing 715 square foot stable, has coverage of approximately 13.2%, which will not change as no further improvements are proposed at that location. The subject property has 30,673 square feet approximately of total disturbed area encompassing both building pads, or 82.9% of the net lot area. Although this significantly exceeds the 40% maximum allowed, the new work and the existing pond are located within an already disturbed area with no additional disturbance proposed. 10. In response for justification for the Variance for encroachment the applicants' representative states that: exceptional circumstances are present due to the fact that the existing home was legally constructed under a former code and as such, a significant portion already lies within the front yard setback. Other issues that are cited include the relatively small size of the lot, and the unusual shape of the house, which has several angles and areas wrapped around courtyards or planted areas, a condition that presents challenges to the floor plan. The applicants' representative also states that the Variance will not be materially detrimental to the public welfare or injurious to other properties in the same zone, in that the improvements will not be a significant change from existing conditions: the kitchen expansion is in an area already covered by roof and hardscape and will not be visible by neighborhoods from any perspective and the pond appears to have been existing for years without creating any impact on neighbors. In addition, the existing home along its entire width encroaches between approximately 9.5 and 25 feet into the 50-foot front setback. As such, any home additions, such as proposed, that occur within the currently applicable front setback require approval of a Variance. 11. The project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA) on the basis that it is a minor addition to an existing residential structure (CEQA Guidelines; Section 15301.e). ZC NO. 883 • • CONCLUSION 12. The proposed home addition and outdoor pond improvements are relatively small in size and will add very minimally to the structural mass on the lot. Although they are to be located in areas currently not permitted for such structures (front and side setbacks), in the case of the kitchen expansion, the new living area will make the interior floor plan more efficient while blending in with the existing structure already within the front setback. Further, it may be considered that the pond is a relatively passive use which is integrated into the property's landscaping environment and its location appears to be sufficiently distant from neighboring homes, so as to not create noise, visual or privacy impacts. 13. When reviewing the application the Planning Commission must 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, and whether it meets the criteria for granting of a Variance. 14. The project as existing provides for a stable and corral in an area not affected by the proposed structures. ZONING CASE NO. 883 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for >800 sq. ft. pool, grading & elevated deck. Variance for encroachment of the pool, walls and decking into the side setback GRADING Site Plan Review required if excavation and/or fill or combination thereof that is more than 3 feet in depth and covers more than 2,000 sq. ft.). Must be balanced on -site. ZC NO. 883 EXISTING SINGLE FAMILY RESIDENCE, GARAGE, SPA, STABLE, POND 4864 sq.ft. 541 sq.ft. 129 sq.ft. 110 sq.ft. 751 sq. ft. 96 sq.ft. 140 sq.ft. 313 sq. ft. Residence Garage Spa Spa equip. Stable Service yard Pond Cov.porch (attached) Entryway TOTAL N/A 165 sq. ft. 7,073 sq.ft. PROPOSED SINGLE FAMILY RESIDENCE GARAGE, SPA, STABLE, POND Residence 4929 sq.ft. Garage 541 sq.ft. Spa 129 sq.ft. Spa equip. 110 sq.ft. Stable 751 sq.ft. Service yard 96 sq.ft. Pond 140 sq.ft. Cov. porch 313 sq.ft. (attached) Entryway TOTAL No grading 165 sq. ft. 7,073 sq. ft. • • SITE PLAN REVIEW 11 STRUCTURAL LOT COVERAGE 19.13% (20% maximum) TOTAL LOT COVERAGE 33.26% (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential 48.9% Stable 13.2% DISTURBED AREA 82.9% (estimated) (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. Existing with corral & 550 SQ.FT. CORRAL) STABLE ACCESS Existing ROADWAY ACCESS Existing driveway approach VIEWS N/A PLANTS AND ANIMALS N/A EXISTING CRITERIA FOR VARIANCES PROPOSED 19.13% or 7,073 sq. ft of 36,970 sq. ft. net lot area 33.26% or 12,298 sq.ft. of 36,970 sq. ft. net lot area 48.9% (no change) 13.2% (no change) 82.9% (estimated) or 30,673 sf - no change Existing with corral Existing Existing driveway approach Planning Commission review Planning Commission review 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 883 ZONING CASE NO. 883 - CORR SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for >800 sq. ft. pool, grading & elevated deck. Variance for encroachment of the pool, walls and decking into the side setback GRADING Site Plan Review required if excavation and/or fill is more than 3 feet or and covers more than 2,000 sq. ft.). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential Stable DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 883 ECTED 6-15-15 EXISTING SINGLE FAMILY RESIDENCE, GARAGE, SPA, STABLE, POND Residence Garage Spa Spa equip. Stable Service yard Pond Cov.porch (attached) Entryway TOTAL N/A 19.13% 33.26% 4864 sq.ft. 541 sq.ft. 129 sq.ft. 110 sq.ft. 751 sq. ft. 96 sq.ft. 140 sq.ft. 313 sq. ft. 165 sq. ft. 1110 Agenda Item: 7-A Mtg. Date: 06-16-15 REVISED 06/15/15 PROPOSED SINGLE FAMILY RESIDENCE GARAGE, SPA, STABLE, POND Residence Garage Spa Spa equip. Stable Service yard Pond Cov. porch (attached) Entryway 4929 sq.ft. 541 sq.ft. 129 sq.ft. 110 sq.ft. 751 sq.ft. 96 sq.ft. 140 sq.ft. 313 sq.ft. 165 sq. ft. 7,073 sq.ft. TOTAL 7,073 sq. ft. No grading 19.13% or 7,073 sq. ft of 36,970 sq. ft. net lot area (w/allowance 6,953 sf.- 18.8%) 33.26% or 12,298 sq.ft. of 36,970 sq. ft. net lot area (w/allowance 32.9%) 49.9% 49.9% (no change) 19.8% 19.8% (no change) 68.4% 68.4% or 25,285 sf - no change Existing with corral Existing Existing driveway approach N/A N/A -5- Existing with corral Existing Existing driveway approach Planning Commission review Planning Commission review • IIIAgendaItem: 7-A Mtg. Date: 06-16-15 REVISED 06/16/15 ZONING CASE NO. 883 - CORRECTED 6-16-15 SITE PLAN REVIEW EXISTING RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easmnt. line Side: 20 ft. from side property line Rear: 50 ft. from rear property line SPR required for >800 sq. ft. pool, grading & elevated deck. Variance for encroachment of the pool, walls and decking into the side setback GRADING Site Plan Review required if excavation and/or fill is more than 3 feet or and covers more than 2,000 sq. ft.). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE (30% maximum -guideline) Residential Stable DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any non -graded area where impervious surfaces exist.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS Residence Garage Spa Spa equip. Stable Service yard Pond Cov.porch (attached) Entryway TOTAL N/A 18.95% 33.26% SINGLE FAMILY RESIDENCE, GARAGE, SPA, STABLE, POND 4864 sq.ft. 541 sq.ft. 129 sq.ft. 110 sq.ft. 751 sq. ft. 96 sq.ft. 140 sq.ft. 313 sq. ft. 165 sq. ft. PROPOSED SINGLE FAMILY RESIDENCE GARAGE, SPA, STABLE, POND Residence Garage Spa Spa equip. Stable Service yard Pond Cov. porch (attached) Entryway 4929 sq.ft. 541 sq.ft. 129 sq.ft. 110 sq.ft. 751 sq.ft. 96 sq.ft. 140 sq.ft. 313 sq.ft. 165 sq. ft. 7,008 sq.ft. TOTAL 7,073 sq. ft. No grading 19.13% or 7,073 sq. ft of 36,970 sq. ft. net lot area (w/allowance 6,953 sf.- 18.8%) 33.26% or 12,298 sq.ft. of 36,970 sq. ft. net lot area (w/allowance 32.9%) 49.9% 49.9% (no change) 19.8% 19.8% (no change) 68.4% 68.4% or 25,285 sf - no change Existing with corral Existing Existing driveway approach N/A N/A Existing with corral Existing Existing driveway approach Planning Commission review Planning Commission review ZC NO. 883