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818, To erect a trellis over the fr, Staff Reports1 TO: FROM: • • al Raef e,r4 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: 06-25-12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION 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). RECOMMENDATION 1; It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION 2. The property owner, Mrs. Judith Jenkins, requests a Variance to construct a 242 square foot trellis attached to the front of the residence, of which 72 square feet would encroach up to 4 feet into the front yard setback, which requires a Variance. The Planning Commission adopted the attached Resolution by a 5-0 vote, granting the request. The Planning Commission, after consideration and discussion, concluded that the proposed project is compatible with the lot and other structures on the lot, it softens the entryway and that it makes a good addition to the property. The resolution contains standard findings of facts and conditions. { BACKGROUND 3. 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. 4. In the past two years the applicants, constructed an 890 square foot addition to the rear of the house, small addition to the front of the house, constructed a rear trellis, 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. MUNICIPAL CODE COMPLIANCE 5. The proposed trellis request requires the approval of a Variance, as it encroaches 4 feet by 18 feet into .the front yard setback. The trellis will be 8'6" in height from the. finished grade. Approximately 540 square foot of the existing residence already encroaches into the front yard setback. 6. The . net lot area for development purposes is 39,040 square feet. The structural coverage of the net lot is -proposed to be 5,665 square feet or 14.5%, including future stable, and the total. coverage (structures and flatwork) is proposed at 9,224 square feet or 23.6%. 7. The disturbed area of the lot is 52.1%, and is legal non -conforming. No grading , or additional disturbance is required for this project.. 8. The existing residential building pad,is 11,040 square feet and will have coverage of 42.8%. The proposed and existing trellises are not counted towards the building pad coverage. 9. In response for justification for the Variance for encroachment the applicant - states that to give the front a finished look she would like to have the trellis. Only small portion of the trellis encroaches into the front setback, where there is a preexisting condition, because a portion of the house also encroaches into the front setback. 10.. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC NO. 818 1 CONCLUSION 11. 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. SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect' of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) STABLE 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.,/balanced on site: DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) a CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC NO. 818 EXISTING . PROPOSED Single family residence and . Minor addition that requires a accessory structures Variance. Residence Entry Garage Stable -future Service yd. Pool Pool equip. Att.Trellis TOTAL 13.9% 22.9% 3280 sq.ft. 63 sq.ft. 528 sq.ft. 450 sq.ft. 116 sq.ft, 720 sq.ft. 18 sq.ft. 248 sq.ft. 5,423 sq.ft 42.8 (w/allowances) Future N/A 52.1% Future Future Existing from Caballeros. N/A N/A Residence 3280 sq.ft Entry 63 sq.ft. Garage 528 sq.ft Stable -future 450 sq.ft. Service Yd. 116 sq.ft Pool 720 sq.ft. Pool eq. 18 sq.ft. Att.Trellis 490 sq.ft. TOTAL 5,665 sq.ft 14.5% of 39,040 sq.ft. net lot area 23.6% of 39,040 sq.ft. net lot area 42.8% w/allowances of the 11,040 sq.ft. residential building pad 45% of 1,000 sq.ft. pad None 52.1% . Future Future Existing from Caballeros. N/A N/A. 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 I -Tills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 818 RESOLUTION 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. Theapplicant 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. ZC NO. 818 Reso. 2012-10 1 • • 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 detrirriental 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. ZC NO. 818 Reso. 2012-10 2 • • 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 squarefoot 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%, ZC NO. 818 Reso. 2012-10 3 1 • 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 additionaldisturbance 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 trellisesare 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., manner 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. ZCNO. 818 Reso. 2012-10 4 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 PILPER;CHAIRMAN ATTEST: t .:/.r HEIDI LUCE, DEPUTY CITY CLERK ZC NO. 818 Reso. 2012-10 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: Commissioners Chelf, Henke, Mirsch, Smith and Chairman Pieper. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE, DEPUTY CITY CLERK ZC NO. 818 Reso. 2012-10 TO: FROM: eat/ Roitb49 qez INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 6D Mtg. Date: 06-19-12 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. 818 24 CABALLEROS ROAD (LOT 10-SK) RA-S-1, 1.09 ACRES GROSS JUDITH JENKINS BOLTON ENGINEERING JUNE 7, 2012 REOUST AND RECOMMENDATION 1. The Planning Commission held a public hearing and visited the site in the morning of June 19, 2012. 2. The property owner, Mrs. Judith Jenkins, requests a Variance to construct a 242 square foot. trellis attached to the front of the residence, of. which 72 square feet would encroach up to 4 feet into the front yard setback, which requires a Variance. It is recommended that the Planning Commission review the staff report, take public testimony and provide direction to staff. BACKGROUND 3. 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. •. • 4. In the past two years the applicants constructed an 890 square foot addition to the rear of the house, constructed a rear trellis, 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. MUNICIPAL CODE COMPLIANCE 5. The proposed trellis request requires the approval of a Variance, as it encroaches 4 feet by 18 feet into the front yard setback. The trellis will be 8'6" in height from the finished grade. Approximately 540 square foot of the existing residence already encroaches into the front yard setback. 6. The net lot area for development purposes is 39,040 square feet. The structural coverage of the net lot is proposed to be 5,665 square feet or 14.5%, including future stable, and the total coverage (structures and flatwork) is proposed at 9,224 square feet or 23.6%. 7. The disturbed area of the lot is 52.1 %, and is legal non -conforming. No grading or additional disturbance is required for this project. 8. The existing residential building pad is 11,040 square feet and will have coverage of 42.8%. The proposed and existing trellises are not counted towards the building pad coverage. 9. In response for justification for the Variance for encroachment the applicant states that to give the front a finished look she would like to have the trellis. Only small portion of the trellis encroaches into the front setback, where there is a preexisting condition, because a portion of the house also encroaches into the front setback. 10. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). - CONCLUSION 11. 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. ZC NO. 818 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) STABLE GRADING Site plan review required if excavation and/or fill or combination thereof is more than3 feet in depth and covers more than 2,000 sq. ft.,/balanced on site. DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) a CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence and accessory structures Residence Entry Garage. Stable -future Service yd Pool Pool equip. Att.Trellis TOTAL 13.9% 22.9% 3280 sq.ft. 63 sq.ft. 528 sq.ft. 450 sq.ft. 116 sq.ft. 720 sq.ft. 18 sq.ft. 248 sq.ft. 5,423 sq.ft 42.8 (w/allowances) N/A 52.1 % Future Future Existing from Caballeros. N/A N/A CRITERIA FOR VARIANCES PROPOSED Minor addition that requires a Variance. Residence Entry Garage Stable -future Service Yd. Pool Pool eq. Att.Trellis 3280 sq.ft 63 sq.ft. 528 sq.ft 450 sq.ft. 116 sq.ft 720 sq.ft. 18 sq.ft. 490 sq.ft. TOTAL 5,665 sq.ft 14.5% of 39,040 sq.ft. net lot area 23.6% of 39,040 sq.ft. net lot area 42.8% w/allowances of the 11,040 sq.ft. residential building pad 45% of 1,000 sq.ft. pad None 52.1% Future Future Existing from Caballeros. 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; ZC NO. 818 • • 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. 818