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840, An addition of an elevator (56, Staff Reports• • 84 al 1 qd6 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: 07-08-13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: STEVE BURRELL, INTERIM CITY MANAGER SUBJECT: RESOLUTION 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). RECOMMENDATION AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. Mr. and Mrs. Stephen Calhoun filed an application 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 %. 3. The Planning Commission approved the project 4-0-1 vote, with Commissioner Gray recused due to the fact that he was not on the Commission when this project was considered. The Planning Commission found that the project will be located in a very inconspicuous area of the residence (in a corner between the house and garage) and will serve as handicap access from the driveway and garage to the residence, which is above the level of the garage and driveways. The exceedances are minimal given that the lot is constraint. ZC NO. 840 Neighbors were notified of the project and no one attended the meetings. 4. Attached is a Resolution with standard findings and facts, including conditions specific to this project as follows: • Any further development on the property or modification to this project must be reviewed and approved by the Planning Commission. • The elevator shall not be converted to living space, without Planning Commission review and approval. • Sound attenuating equipment shall be installed in the elevator to dampen the sound from the elevator equipment. BACKGROUND 5. In 2011, the Planning Commission approved a Site Plan Review and Variances for this property, (ZC No. 805), for grading of 269 cubic yards of cut and 258 cubic yards of fill, (527 c.y. total) to construct a new 652 square foot swimming pool with spa, raised patio at the residence, covered patio at the rear of the property with a 187 square foot outdoor kitchen and several not to exceed 5' high walls, 947 square foot addition to the residence, for a total of 5,287 square foot house and 38 square foot addition to the basement for a total basement of 2,180 square feet. Variances were granted to encroach with walls into setback, exceedance of the structural and total lot coverage (1.1 % and 5.8% respectively); exceedance of the disturbed area (60%); and to waive the requirement that a stable and corral area be set -aside on the lot. The construction has not commenced yet. 6. 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. Records show that 4,155 square foot house with garage and a 277 square foot mezzanine was completed in 1993. A variance for walls in the setbacks was granted in 1992 as part of the grading for the residence. The rear of the property is located in a steep canyon, which is also a flood hazard area, and is not developable. MUNICIPAL CODE COMPLIANCE 7. The proposed 56 square foot addition on the upper and lower level would be used for an elevator shaft and equipment for, the elevator. The 56 square foot addition would cause the structural lot coverage to exceed the maximum permitted structural coverage by 1.3% and would be 0.2% greater than the previously granted variance (max. permitted-20%). 8. The 56 square foot addition would cause the total lot coverage to exceed the maximum permitted total lot coverage by 6.1% and would be 0.3% greater than the previously granted variance (max. permitted-35%). ZC NO.840 • • 9. The disturbance of the lot would remain the same at 60.0%. 32 cubic yards of dirt would be excavated for the elevator addition. 10. The net lot area of the lot for development purposes is 35,475 square feet. Given that this is a flag lot the pole of the lot (access) is not counted towards the net lot area. Per the Zoning Code, also deducted for development purposes is 10 feet all around the remaining of the property. The gross lot area, including the access and 10 feet all around the remaining of the property, is 53,143 square feet. 11. The structural coverage of the lot will be 7,546 square feet or 21.3% of the net lot area, which includes all of the structures, except for the allowance for the outdoor kitchen area, (20% max. permitted). The total lot coverage, including structures and flatwork is proposed to be 14,596 square feet or 41.1% of the net lot area, (35% max. permitted). The area of the driveway by the garage and areas around the residence consists of pervious pavers and do not count towards the hardscape calculations for total lot coverage. However, the paved driveway, (located in the pole of the lot), from Palos Verdes Drive N. is included in the calculations. Per the City regulations, the pole of a lot is not included in the calculations for the net lot area of the lot, but is included in the calculations for hardscape coverage and disturbed area. 12. The residential building pad, outside of setbacks, is 18,588 square feet. Coverage on the building pad will be 7,733 or 41.6. Previously approved at 40.3%. 13. In response for justification for the Variances the applicants' agent states in part as follows: a. 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 and disturbed area 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. The development is restricted on a large area of the rear yard due to an existing drainage course and the addition largely occurs under the existing roof and is not a habitable space. b. Because of the severe topography and the location of the existing residence on the lot along the North property line the proposed improvements are largely if not entirely out of view of the neighbors. In addition, because the proposed improvements occur adjacent to the existing residence and in an area of the property that have already been disturbed there is no negative impact on the neighbors views, privacy, drainage or the public welfare. c. The structural and total lot coverage exceedances are very minor and are requested for a part of the house that would not be habitable, but would accommodate a handicap access to a previously approved multi -level configuration. ZC NO. 840 • • 14. The project is subject to all of the same conditions that were applied to the development in 2011, including undergrounding of utility lines, adherence to the lighting and roofing requirements, building permit requirements and all other City codes. CONCLUSION 15. This is a unique lot in that it is a flag lot where the pole portion of the lot is not counted towards the net lot area, resulting in a small net lot. The pole and the roadway easement are counted towards the total lot coverage. 16. When reviewing a development application the City Council must consider whether the proposed project meets the Variance criteria listed below. 17. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). Zoning Case No. 840 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear 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; for grading and for new structure). STRUCUTURAL COVERAGE TOTAL LOT COVERAGE (35 % maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% max.- guideline) Stable/ guest house pad GRADING Site Plan Review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq.ft. Must be balanced on site. ZC NO. 840 PEVIOUSLY APPROVED Addition to residence, walls, pool, grading Residence Garage Stable -future Service yard Pool Pool eqpm. Outdoor kitchen 5287sq.ft. 935 sq.ft. 0 sq.ft. 126 sq.ft 652 sq.ft. 40 sq.ft. 187 sq.ft. Basement 2180 sq.ft. TOTAL 7,677.ft. 21.6% of 35,475 sq.ft. net lot area 21.1 % w/allowances 40.8% sq.ft. of 35,475 sq.ft. net lot area w/allowances 40.3% of 18,588 sq.ft. building pad 527 c.y. cut and fill; 11 c.y. export from swimming pool Approved by PC Minor addition Residence Garage Stable -future Service yard Pool Pool eqpm. Outdoor kitchen Basement TOTAL 21.8% of 35,475 sq 5287sq.ft. 935 sq.ft. 0 sq.ft. 126 sq.ft 652 sq.ft. 40 sq.ft. 187 sq.ft. 2236 sq.ft. 7,733 sq.ft .ft. net lot area 21.3% w/allowances 41.1% sq.ft. of 35,475 sq.ft. net lot area w/ allowances 41.6% of 18,588 sq.ft. building pad 32 c.y. excavated from elevaor 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.) STABLE (min. 450 SO.FT. & 550 SO.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS 21,309.sq.ft. - 60% Variance granted Variance granted Existing driveway approach N/A N/A CRITERIA FOR VARIANCES 21,309.sq.ft. - 60% Variance granted Variance granted Existing driveway Planning Commission condition Planning Commission condition 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 840 • 0 , THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION 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. Reso. 2013-11, 2864 PV Dr. N. le • • 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. =o • • 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. • • 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 Reso. 2013-11, 2864 PV Dr. N. 4 8 • 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 ATTEST:, HEIDI LUCE, DEPUTY CITY CLERK Reso. 2013-11, 2864 PV Dr. N. THIS 5 II 201,. 7 EL, CHAI AN/ • • 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 Reso. 2013-11, 2864 PV Dr. N. al Re law, qe INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 6A Mtg. Date: 6-18-13 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR 0" APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 840-RESOLUTION OF APPROVAL 2864 PALOS VERDES DRIVE NORTH RA-S-1, 1.22 ACRES STEPHEN & LINDA CALHOUN POWELL DUDLEY FRITH ARCHITECTS MAY 9, 2013 REQUEST AND RECOMMENDATION 1. The applicants request a variance to construct a 56 square foot addition for an elevator, machine room and storage room adjacent to the front door of the residence. The additional square footage would cause exceedance of the structural and total lot coverage of the net lot. 2. At the field visit to the site on May 21, 2013, the Planning Commission directed staff to prepare a resolution of approval in this case. There were no objections to this project from any neighbors.. 3. Attached is a Resolution with standard findings and facts, including conditions specific to this project as follows: • Any further development on the property or modification to this project must be reviewed and approved by the Planning Commission. • The elevator shall not be converted to living space, without Planning Commission review and approval. • Sound attenuating equipment shall be installed in the elevator to dampen the sound from the elevator equipment. 4. It is recommended that the Planning Commission review and adopt the attached resolution. ZC NO. 840 C� RESOLUTION 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. Reso. 2013-11, 2864 PV Dr. N. 1® • • 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. 2 `J • • 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. 3 • • 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 coverageshall 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 Reso. 2013-11, 2864 PV Dr. N. 4(o. • • 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 ADOPTED THIS 18th DAY JUNE 2013. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2013-11, 2864 PV Dr. N. • • 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE DEPUTY CITY CLERK Reso. 2013-11, 2864 PV Dr. N. 6 r TO: FROM: Ra ef qe • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 7B Mtg. Date: 5-21-13 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 840 2864 PALOS VERDES DRIVE NORTH RA-S-1, 1.22 ACRES STEPHEN & LINDA CALHOUN POWELL DUDLEY FRITH ARCHITECTS MAY 9,2013 REQUEST AND RECOMMENDATION 1. The Planning Commission visited the site in the morning on May 21, 2013. It is recommended that the Planning Commission review the staff report, resume the public hearing, take public testimony, consider the criteria for granting of a Variance and provide direction to staff. 2. The applicants request a variance to construct a 56 square foot addition of an elevator, machine room and storage room adjacent to the front door of the residence, which would cause exceedance of the structural and total lot coverage of the net lot. BACKGROUND 3. In 2011, the Planning Commission approved a Site Plan Review and Variances for this property, (ZC No. 805), for grading of 269 cubic yards of cut and 258 cubic yards of fill, (527 c.y. total) to construct a new 652 square foot swimming pool with spa, raised patio at the residence, covered patio at the rear of the property with a 187 square foot outdoor kitchen and several not to exceed 5' high walls, 947 square foot addition to the residence, for a total of 5,287 square foot house and 38 square foot addition to the basement for a total basement of 2,180 square feet. Variances were granted to encroach ZC NO. 840 • • with walls into setback, exceedance of the structural and total lot coverage (1.1% and 5.8% respectively); exceedance of the disturbed area (60%); and to waive the requirement that a stable and corral area be set aside on the lot. The construction has not commenced yet. 4. 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. Records show that 4,155 square foot house with garage and a 277 square foot mezzanine was completed in 1993. A variance for walls in the setbacks was granted in 1992 as part of the grading for the residence. 5. The rear of the property is located in a steep canyon, which is also a flood hazard area, and is not developable. MUNICIPAL CODE COMPLIANCE 6. The proposed 56 square foot addition on the upper and lower level would be used for an elevator shaft and equipment for the elevator. The 56 square foot addition would cause the structural lot coverage to exceed the maximum permitted structural coverage by 1.3% and would be 0.2% greater than the previously granted variance (max. permitted-20%). 7. The 56 square foot addition would cause the total lot coverage to exceed the maximum permitted total lot coverage by 6.1% and would be 0.3% greater than the previously granted variance (max. permitted-35%). 8. The disturbance of the lot would remain the same at 60.0%. 32 cubic yards of dirt would be excavated for the elevator addition. 9. The net lot area of the lot for development purposes is 35,475 square feet. Given that this is a flag lot the pole of the lot (access) is not counted towards the net lot area. Per the Zoning Code, also deducted for development purposes is 10 feet all around the remaining of the property. The gross lot area, including the access and 10 feet all around the remaining of the property, is 53,143 square feet. 10. The structural coverage of the lot will be 7,546 square feet or 21.3% of the net lot area, which includes all of the structures, except for the allowance for the outdoor kitchen area, (20% max. permitted). The total lot coverage, including structures and flatwork is proposed to be 14,596 square feet or 41.1% of the net lot area, (35% max. permitted). The area of the driveway by the garage and areas around the residence consists of pervious pavers and do not count towards the hardscape calculations for total lot coverage. However, the paved driveway, (located in the pole of the lot), from Palos Verdes Drive N. is included in the calculations. Per the City regulations, the pole of a lot is not included in the calculations for the net lot area of the lot, but is included in the calculations for hardscape coverage and disturbed area. ZC NO.840 • • 11. The residential building pad, outside of setbacks, is 18,588 square feet. Coverage on the building pad will be 7,733 or 41.6. Previously approved at 40.3%. 12. In response for justification for the Variances the applicants' agent states in part as follows: a. 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 and disturbed area 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. The development is restricted on a large area of the rear yard due to an existing drainage course and the addition largely occurs under the existing roof and is not a habitable space. b. Because of the severe topography and the location of the existing residence on the lot along the North property line the proposed improvements are largely if not entirely out of view of the neighbors. In addition, because the proposed improvements occur adjacent to the existing residence and in an area of the property that have already been disturbed there is no negative impact on the neighbors views, privacy, drainage or the public welfare. c. The structural and total lot coverage exceedances are very minor and are requested for a part of the house that would not be habitable, but would accommodate a handicap access to a previously approved multi -level configuration. 13. The project, if approved, would be subject to all of the same conditions that were applied to the development in 2011, including undergrounding of utility lines, adherence to the lighting and roofing requirements, building permit requirements and all other City codes. CONCLUSION 14. This is a unique lot in that it is a flag lot where the pole portion of the lot is not counted towards the net lot area, resulting in a small net lot. The pole and the roadway easement are counted towards the total lot coverage. - 15. When reviewing a development application the Planning Commission must consider whether the proposed project meets the Variance criteria listed below. 16. The project is exempt from the requirements of the California Environmental Quality Act (CEQA). ZC NO. 840 • • Zoning Case No. 840 SITE PLAN REVIEW RA-S- 1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from side property line Rear: 50 ft. from rear 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; for grading and for new structure). STRUCUTURAL COVERAGE TOTAL LOT COVERAGE (35% maximum) RESIDENTIAL BUILDING PAD COVERAGE (30% max.- guideline) Stable/guest house pad GRADING Site Plan Review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq.ft. Must be balanced on site. DISTURBED AREA (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.) STABLE (min. 450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC NO. 840 PEVIOUSLY APPROVED Addition to residence, walls, pool, grading Residence Garage Stable -future Service yard Pool Pool eqpm. Outdoor kitchen 5287sq.ft. 935 sq.ft. 0 sq.ft. 126 sq.ft 652 sq.ft. 40 sq.ft. 187 sq.ft. Basement 2180 sq.ft. TOTAL 7,677.ft. 21.6% of 35,475 sq.ft. net lot area 21.1 % w/allowances 40.8% sq.ft. of 35,475 sq.ft. net lot area w/allowances 40.3% of 18,588 sq.ft. building pad 527 c.y. cut and fill; 11 c.y. export from swimming pool 21,309.sq.ft. - 60% Variance granted Variance granted Existing driveway approach N/A N/A PROPOSED Minor addition Residence Garage Stable -future ' Service yard Pool Pool eqpm. Outdoor kitchen 5287sq.ft. 935 sq.ft. 0 sq.ft. 126 sq.ft 652 sq.ft. 40 sq.ft. 187 sq.ft. Basement 2236 sq.ft. TOTAL 7,733 sq.ft 21.8% of 35,475 sq.ft. net lot area 21.3% w/allowances 41.1% sq.ft. of 35,475 sq.ft. net lot area w/allowances 41.6% of 18,588 sq.ft. building pad 32 c.y. excavated from elevaor 21,309.sq.ft. - 60% Variance granted Variance granted Existing driveway Planning Commission condition Planning Commission condition • • CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. ZC NO. 840