818, To erect a trellis over the fr, Resolutions & Approval ConditionsRESOLUTION NO. 2012-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A 242 SQUARE
FOOT ATTACHED TRELLIS, OF WHICH 72 SQUARE FEET WOULD
ENCROACH INTO THE FRONT YARD SETBACK AT 24 CABALLEROS ROAD
IN ZONING CASE NO. 818, (LOT 10-SK), (JENKINS). THE PROJECT HAS
BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
Section 1. An application was duly filed by Mrs. Judy Jenkins with respect to
real property located at 24 Caballeros, Rolling Hills, CA (Lot 10-SK) requesting a
Variance to construct a 242 square foot attached trellis, of which 72 square feet
would encroach into the front yard setback.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a field visit and at a regular meeting on June 19,
2012. 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
agent were in attendance at the hearings.
Section 3. At the field visit to the property, the Planning Commission directed
staff to prepare a Resolution of approval for consideration at the June 19, 2012
regular meeting of the Planning Commission.
Section 4. The property is zoned RAS-1 and consists of 1.09 acres (excluding
roadway easement). The net lot area for development purposes is 39,040 square
feet. The property is developed with a 3,280 square foot residence, 528 square
foot garage, 720 square foot swimming pool, pool equipment area, service yard
and a rear trellis of 248 square feet.
Section 5. In the past two years the applicants constructed an 890 square foot
addition to the rear of the house, added terraced areas behind the pool,
resurfaced the driveway and made general improvements to the property, all of
which were approved administratively by staff. An area for a future stable and
corral has been set -aside in the rear of the property and is accessible along the
easement.
Section 6. An area for a future stable has been designated in the rear of the
property and is accessible and usable.
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Section 7. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 8. 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 to Section
17.16.060 is required because it states that every lot in the RAS-1 zone shall have
a front setback of not less than 50 feet from the roadway easement. The applicant
is requesting a Variance to construct a trellis that would encroach 4' into the front
setback. A portion of the existing residence is currently located in the front
setback. 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 this property that do not apply generally to other
properties or class of uses in the same zone 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 be an open trellis to enhance the entryway to the residence. The
Commission further finds that the configuration of the existing residence and
location of the entryway creates a hardship to improving the property, because it
is at the front setback line.
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 encroachment will be behind the line of the current
encroachment of the residence.
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 open roof and is behind the existing line of
encroachment. The area of addition would not impair views. The structural lot
coverage and the total impervious lot coverage are within the requirements of
the City.
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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 and shall protect 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 9. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance in Zoning Case No. 818 to encroach four feet into
the front setback with 72 square feet of a 242 square foot attached trellis, subject
to the following conditions:
A. The Variance approval shall expire within two years from the
effective date of approval as defined in Section 17.38.070, unless otherwise
extended pursuant to the requirements of this section.
B. It is declared and made a condition of the Variance that if any
conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the applicant has been
given written notice to cease such violation, the opportunity for a hearing has
been provided, and if requested, has been held, and thereafter the applicant fails
to correct the violation within a period of thirty (30) days from the date of the
City's determination.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, including, but not be limited lighting requirements, and of
the zone in which the subject property is located must be complied with unless
otherwise set forth in this 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 May 21, 2012 except as otherwise
provided in these conditions.
E. The property on which the project is located contains an adequate
set aside area for a future stable and corral, and shall remain on site.
F. The net lot area for development purposes is 39,040 square feet.
The structural coverage of the net lot shall not exceed 5,665 square feet or 14.5%,
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including future stable, and the total coverage (structures and flatwork) shall not
exceed 9,224 square feet or 23.6%.
G. The disturbed area of the lot is 52.1 %, and is legal non -conforming.
No grading or additional disturbance shall be required for this project.
H. Residential building pad coverage on the 11,040 square foot
residential building pad shall not exceed 42.8%. The proposed and existing
trellises are not counted towards the building pad coverage.
I. Drainage system, if required, shall be designed in such a manner,
as not to cross over any equestrian trails and water from the drainage system
shall not be discharged onto a trail or adjacent properties. The system shall
incorporate earth tone colors, including in the design of the dissipater and shall
be adequate in size to discharge in a sheet flow mariner and be screened from
any trail and neighbors' views to the maximum extent practicable, without
impairing the function of the drainage system.
J. Perimeter easements and trails, including roadway easements shall
remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, landscaping, irrigation and drainage
devices, play equipment, parked vehicles, building materials, debris and
equipment, unless approved by Rolling Hills Community Association.
K. Any landscaping introduced on this property shall be designed
using mature trees and shrubs so as to screen the residence but not to obstruct
views of neighboring properties. Any new trees and shrubs planned to be
introduced in conjunction with this project shall, at maturity, not be higher than
the ridge height of the residence, may not grow into a hedge like screen and shall
comply with the Fire Department requirements for clearance of brush in
proximity to structures.
L. During construction, conformance with the 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,
objectionable odors, landslides, mudflows, erosion, or land subsidence.
M. 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.
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N. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking shall take place within nearby
roadway easements.
O. This project shall comply with the City's Construction and
Demolition Ordinance, where a minimum of 50% of the debris must be recycled
and documentation provided to the City
P. The applicant shall execute an Affidavit of Acceptance of all
conditions of this Variance pursuant to Section 17.38.060, or the approval shall
not be effective.
Q. All conditions of this Variance approval, that apply, must be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
R. 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 19th DAY OF JUNE 2012.
JEFF PIEPER, CHAIRMAN
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2012-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A 242 SQUARE
FOOT ATTACHED TRELLIS, OF WHICH 72 SQUARE FEET WOULD
ENCROACH INTO THE FRONT YARD SETBACK AT 24 CABALLEROS ROAD
IN ZONING CASE NO. 818, (LOT 10-SK), (JENKINS). THE PROJECT HAS
BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
June 19, 2012 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.
ZC NO. 818
Reso. 2012-10
DEPUTY CITY CLERK
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