840, An addition of an elevator (56, Resolutions & Approval ConditionsRESOLUTION NO. 2013-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED STRUCTURAL AND TOTAL
LOT COVERAGE OF THE LOT IN ZONING CASE NO. 840, AT 2864
PALOS VERDES DRIVE NORTH, (LOT 992-A-RH), (CALHOUN).
PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
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 Mr. and Mrs. Stephen Calhoun
with respect to real property located at 2864 Palos Verdes Drive North, Rolling Hills
(Lot 992-A-RH) requesting a Variance to construct a 56 square foot addition to the
residence, which would be utilized as an elevator. The additional square footage would
exceed the previously approved Variance for structural and total lot coverage. The
addition, (with previously approved exceedances) would exceed the maximum
permitted structural lot coverage by 1.3% and the total lot coverage by 6.1%.
Section 2. The Planning Commission conducted duly noticed public hearing
to consider the application at a field trip on May 21, 2013, at which time the Planning
Commission directed staff to prepare a Resolution of approval for consideration at the
regularly scheduled meeting of June 18, 2013. 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 his representative were in attendance at the hearing. No inquiries or
objections were received from neighbors.
Section 3. The property is a flag lot taking access from Palos Verdes Drive
North. It is zoned RAS-1 and it is 1.22 acres gross in area. The rear of the property is
located in a steep canyon, which is also a flood hazard area, and is not developable.
Section 4. In 2011 Variances were granted to encroach 6 feet into the required
north side yard setback with a wall; to exceed the maximum permitted structural lot
coverage by 1.1%; to exceed the maximum permitted total lot coverage by 5.8%; to
exceed the maximum permitted disturbed area of the lot by 20% for a total disturbance
of 60%, and to waive the requirement that a stable and corral area be set aside on the
lot.
Section 5. The Planning Commission finds that the project qualifies as a Class
3 Exemption, and is therefore categorically exempt from environmental review under
the California Environmental Quality Act.
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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. A Variance from Section 17.16.070 is required because it states the
maximum permitted structural coverage shall not exceed 20% of the net lot area and
total structural coverage, including all structures and paved areas shall not exceed 35%
of the net lot area. The applicant is requesting a Variance to exceed the structural net lot
coverage by 1.3%, (0.2% above previously approved variance), and the total structural
coverage by 6.1%, (0.3% above previously approved variance). With respect to this
request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to the property that do not apply generally to the other properties or class of use in the
same vicinity and zone. With the prior approvals the structural coverage was approved
at 21.1%, (20% maximum permitted). This circumstance currently exists and the
proposed project adds a very small amount of structural coverage. The lot is relatively
small. Compared to adjacent lots it is only 69% of the average of the six adjacent lots at
51,143 sq.ft. In addition, the lot has a large access area that is not counted towards the
net lot area - 8,788 sq.ft. As a result, the net lot area is significantly less and the
allowable structural and total coverage is reduced when compared to typical lots of
similar size. 4,167 square feet of the access, (pole of the lot), is paved and contribute to
the large amount of hardscape area, thus the exceedance of the total coverage.
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 proposed addition does not add to the living
space of the residence, but will be utilized as an elevator for handicap access to the
house. The topography of the lot and the out of grade construction of the house make it
infeasible for wheelchair accessibility. The overage is of 0.2% over the existing structural
coverage and the overage of 0.3% over the existing total coverage is not significant and
the property owner should not be denied the request for handicap access.
C. The variance does not grant special privileges to the applicant. Unique
circumstances applicable to the subject property make it infeasible for the property
owner to comply with Section 17.16.070. The pole of the flag contributes to the large
hardscape calculations, but is not counted towards the size of the lot.
D. 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 variance will permit the owners to enjoy their property
without deleterious infringement on the rights of surrounding property owners. A
Reso. 2013-11, 2864 PV Dr. N.
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minor increase in the overall percentage of coverage on the lot will have no effect on the
public welfare or on property or improvements in the vicinity.
E. In granting the variance, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate development in an
orderly fashion and in a manner consistent with the goals and policies of the General
Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or
the General Plan. Rather, the variance will allow the property owner to provide for
handicap access. The overage requested is not substantial and does not undermine the
spirit or intent of the Zoning Ordinance.
F. The project conforms to the requirements of the California Environmental
Quality Act and the Los Angeles County Hazardous Waste Management Plan.
Section 7. Based upon the foregoing findings in Section 6, the Planning
Commission hereby approves the Variance application in Zoning Case No. 840 subject
to the following conditions:
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be at all times available at the construction site.
B. This approval shall expire within two years from the effective date of this
resolution if construction pursuant to this approval has not commenced within that
time period, as required by Section 17.38.070 of the Rolling Hills Municipal Code, or the
approval granted is otherwise extended pursuant to the requirements of those sections.
C. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
D. All requirements of the Building and Construction Code, the Zoning Code
including roofing material standards, outdoor lighting, and of the zone in which the
subject property is located must be complied with unless otherwise set forth in this
approval, or shown otherwise on an approved plan.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated May 10, 2013.
F. The working drawings submitted to the Department of Building and
Safety for plan check and construction review must conform to the development plan
approved with this application. The licensed professional preparing construction plans
Reso. 2013-11, 2864 PV Dr. N.
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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.
G. Prior to submittal of final plans to the Building Department for issuance of
grading or building permits, the plans for the project shall be submitted to staff for
verification that the final plans are in compliance with the plans approved by the
Planning Commission. The person obtaining a building and/ or grading 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.
H. There shall be no grading for this project.
I. Structural lot coverage shall not exceed 21.3% of the net lot area, in
conformance with the granting of Variance.
J Total lot coverage of structures and paved areas shall not exceed 14,596
square feet, including the driveway or 41.1 % in conformance with the granting of
Variance.
K. Residential building pad coverage on the 18,588 square feet residential
building pad shall not exceed 7,733 square feet or 41.6% (not including portion of the
covered porches).
L. Utility lines to the property shall be placed underground.
M. The elevator shall not be converted or modified into other uses, unless
reviewed and approved by the Planning Commission.
N. Most advanced technologically sound -reducing equipment shall be
installed in the elevator to dampen the sound emanating from the elevator equipment.
O. The project shall be subject to the City's Construction and Demolition
permit requirements.
P. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter into the canyon.
Q. 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.
R. During construction operations, trucks shall not park, queue and/ or idle at
the project site or in the adjoining right-of-way before or after the permitted hours of
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operations. To the maximum extent possible, staging of equipment and parking of
vehicles during construction shall be on site.
S. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department requirements for the
installation and post construction maintenance of stormwater drainage facilities.
T. During construction, conformance with the air quality management
district requirements shall be complied with, so that people or property are not exposed
to undue vehicle trips, noise, dust, and objectionable odors.
U. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
V. 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_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions.
W. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Variances approvals, as required by the Municipal Code, the
approvals shall not be effective.
X. Any modification to the project or to the property, which would
constitute grading or structural addition shall be reviewed and approved by the
Planning Commission.
Y. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6
PASSED, APPROVED AND ADOPT D THIS
ATTEST:,
HEIDI LUCE, DEPUTY CITY CLERK
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E 201 .'
EL, CHAT1 iAN
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2013-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED STRUCTURAL AND TOTAL
LOT COVERAGE OF THE LOT IN ZONING CASE NO. 840, AT 2864
PALOS VERDES DRIVE NORTH, (LOT 992-A-RH), (CALHOUN).
PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on June
18, 2013 by the following roll call vote:
AYES: Commissioners Henke, Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Gray.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
DEPUTY CITY CLERK
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