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416, Construct a new tennis court, Staff Reports1"** STAFF REPORT **** • DATE: TO: FROM: SUBJECT: SEPTEMBER 15, 1990 PLANNING COMMISSION STAFF ZONING CASE NO. 416; Request for Variances to reduce the required lot frontage for a proposed Lot Line Adjustment and to encroach into the side yard setback with a trellis structure for recreational vehicle parking; Request for a Certificate of Compliance for a Lot Line Adjustment; 1 and 3 Georgeff Road, Lots 57-A-MS and 57-A-1-MS; Owner: Caldwell DISCUSSION Due to an inadvertent omission on the last regular agenda of the Planning Commission, the subject application has been placed upon the agenda of the adjourned meeting. The Commission will recall that the requests pertaining to a pavilion/cabana structure have been approved, and the applicant desires City action upon the remainder of the application as stated above. Remaining issues, as discussed previously are as follows: 1. Approval of the grading that has occurred on 1 Georgeff Road. The applicant has received County approval of the rough grading plans and reports (see attachment). 2. Driveway access across the neighboring property. easement. Legal counsel has been discussing this matter and will provide an opinion. The City's Traffic Commission must review any new roadway/driveway access regarding safety concerns. 3. Reduced lot frontage. Existing lots are presently nonconforming to the 150 foot minimum standard. The applicant has indicated his desire to remedy the current shared driveway access with 3 Georgeff Road. 4. Lot line adjustment. Staff has in the past made reference to Government Code Section 66412 (d) that provides a City's review of a lot line adjustment be limited to whether the parcels resulting from the adjustment will conform to "local zoning and building ordinances". This subsection does not define or limit which zoning code and building ordinance provision or provisions a city may consider. 5. Encroachment into the present side yard setback with a trellis structure on 1 Georgeff Road. It has been noted that this variance would not be required should the lot line adjustment be approved. RECOMMENDATION The Planning Commission to property development requests be approved, conditions to insure standards". zc416#7 must closely evaluate the proposal in accordance standards set forth in the ordinance. Should the the Commission has the authority to impose compliance with "local zoning and building MEETING DATE: APRIL 16, 1991 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: LOLA UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 416, MR. & MRS. CRAIG CALDWELL, NOS. 1 AND 3 GEORGEOFF ROAD (LOTS 57-A-1-MS AND 57-A- MS) Attached is a revised Resolution No. 91-9 calling for the removal of the existing residential structure located at 1 Georgeoff Road within twelve months of approval of the Resolutional, with the additional requirement that the trellis structure be removed by April 30, 1991 or the Resolution shall be automatically withdrawn. MEETING DATE: APRIL 6, 1991 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: LOLA UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 416, MR. & MRS. CRAIG CALDWELL, NOS. 1 AND 3 GEORGEOFF ROAD (LOTS 57-A-1-MS AND 57-A- •MS) Attached is a request by Rhea S. Shedden, Attorney at Law, representing Mr. and Mrs. Craig Caldwell, for a six month extension for the removal of the existing residential structure located at 1 Georgeoff Road as required in the attached Resolution No. 90-32, Section 8, Paragraph C and signed by your honorable body on October 6, 1990. Ms. Shedden cites real estate sales problems as the reason for this request. Resolution No. 91-9 has been prepared, approving the six month extension, per review and motion by the Planning Commission. 24. **** STAFF REPORT **** DATE: SEPTEMBER 18, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 416; Request for Variances to reduce the required lot frontage for a proposed Lot Line Adjustment and to encroach into the side yard setback with a trellis structure for recreational vehicle parking; Request for a Certificate of Compliance fora Lot Line Adjustment; 1 and 3 Georgeff Road, Lots 57-A-MS and 57-A-1-MS; Owner: Caldwell DISCUSSION This matter has been placed on the September regular agenda should it be necessary for the Commission to take any further actions upon the subject requests. The subject application was heard on the adjourned meeting held September 15, 1990. Staff will provide the Commission with any applicable documents. zc416#8 **'* STAFF REPORT **** DATE: TO: FROM: SEPTEMBER 15, 1990 PLANNING COMMISSION STAFF SUBJECT: ZONING CASE NO. 416; Request for Variances to reduce the required lot frontage for a proposed Lot Line Adjustment and to encroach into the side yard setback with a trellis structure for recreational vehicle parking; Request for a Certificate of Compliance for a Lot Line Adjustment; 1 and 3 Georgeff Road, Lots 57-A-MS and 57-A-1-MS; Owner: Caldwell DISCUSSION Due to an inadvertent omission on the last regular agenda of the Planning Commission, the subject application has been placed upon the agenda of the adjourned meeting. The Commission will recall that the requests pertaining to a pavilion/cabana structure have been approved, and the applicant desires City action upon the remainder of the application as stated above. Remaining issues, as discussed previously are as follows: 1. Approval of the grading that has occurred on 1 Georgeff Road. The applicant has received County approval of the rough grading plans and reports (see attachment). 2. Driveway access across the neighboring property_ easement. Legal counsel has been discussing this matter and will provide an opinion. The City's Traffic Commission must review any new roadway/driveway access regarding safety concerns. 3. Reduced lot frontage. Existing lots are presently nonconforming to the 150 foot minimum standard. The applicant has indicated his desire to remedy the current shared driveway access with 3 Georgeff Road. 4. Lot line •adjustment. Staff has in the past made reference to Government Code Section 66412 (d) that provides a City's review of a lot line adjustment be limited to whether the parcels resulting from the adjustment will conform to "local zoning and building ordinances". This subsection does not define or limit which zoning code and building ordinance provision or provisions a city may consider. 5. Encroachment into the present side yard setback with a trellis structure on 1 Georgeff Road. It has been noted that this variance would not be required should the lot line adjustment be approved. RECOMMENDATION The Planning Commission to property development requests be approved, conditions to insure standards". zc416#7 must closely evaluate the proposal in accordance standards set forth in the ordinance. Should the the Commission has the authority to impose compliance with "local zoning and building STAFF REPORT DATE: AUGUST 16, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 416; Request for variance to reduce the required lot frontage for a proposed lot line adjustment and to encroach into the side yard setback with a trellis structure for recreational vehicle parking; Request for a Certificate of Compliance for a lot line adjustment; 1 and 3 Georgeff Road; Owner: Caldwell DISCUSSION The Commission will recall, at your last regular meeting held July 17, 1990, the requests related to the development of a pavilion/cabana were approved and the remainder of the application was continued. Also, at the last meeting the applicant was requested to provide the preliminary reports for the rough grading that has occurred on the property. Staff has spoken with County personnel and was informed that the grading plans can be approved. The written reports from the County will be provided at your next meeting. Additional information was requested from the applicant's legal representative regarding the development of a driveway over an abutting property and property development standards addressing the minimum 150 foot lot frontage. The City Attorney will be able to provide his opinions at the next meeting. The City's Traffic Commission must also review the new driveway access proposal. As it pertains to the lot line adjustment, the Staff has in, the past made reference to Government Code Section 66412 (d) that provides a City's review of a lot line adjustment be limited to whether the arcels resulting from the adjustment will conform to "local zoning and building ordinances". Further, said subsection does not define or limit which zoning code and building ordinance provision or provisions a city may consider. As indicated by the applicant previously, an approved adjustment will make the request for variance to encroach into the side yard setback for the trellis structure null and void. Further, the applicant has indicated his desire to remedy the current shared driveway access situation on property that has presently nonconforming lot frontage. RECOMMENDATION The Planning Commission must closely evaluate the proposal in accordance to property development standards and perpetuity of nonconformities. Should the requests be approved, the Commission has the authority to impose conditions to insure compliance with other zoning and building standards. zc416#6 •II*** STAFF . REPORT DATE: JULY 12, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 416; Request for Conditional Use Permit for a pavilion/cabana; Site Plan Review for proposed pavilion/cabana; Variances to install kitchen/cooking facilities in the proposed pavilion/cabana, to reduce the required lot frontage for a proposed Lot Line Adjustment, to encroach into the side yard setback with a trellis structure for recreational vehicle parking; Request for a Certificate of Compliance for a Lot Line Adjustment; 1 and 3 Georgeff Road; Owner: Caldwell DISCUSSION The Planning Commission, at their regular meeting of June 19, 1990, continued the application to the June 30 field inspection. At the field meeting, the Commission, staff, applicant and consultants for the applicant conducted a detailed review of the site and surrounding properties. The applicant informed the City that the additional studies pertaining to the as -graded site were to be presented to the County for review. As of this writing, staff has not received the final report on this matter. As the Comission is aware, this application has been continued a number of times so as to allow the applicant time to provide the required documentation for resolution of the violations identified. Points reiterated at the field inspection include the following: 1. the lot proposed 2. 3. approval Verify the proposed location of the driveway in conjunction with line adjustment. Traffic Commission review is required for the driveway. Use of native vegetation is required on the slope and canyon Remove unpermitted lighting system on slope and get Association for remainder of site lighting system that has been installed. RECOMMENDATION Until further notice, staff would recommend that the Commission hold from any decision until the remaining studies are submitted and reviewed by the County and City. Should the Commission feel that the matter is not progressing further, the Commission would have the option to deny the requests based upon lack of information. zc416#5 .** STAFF REPORT * * * * • DATE: June 15, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 416; 1 Georgeff Road; Owner: Craig Caldwell DISCUSSION The Planning Commission will recall, at the regular meeting of April 18, 1990, the matter on the above -stated application was continued so as to have the applicant work with staff in resolving the identified property development violations. Since the last meeting, staff has conducted two field inspections with the applicant's representative and the County drainage engineer and County building and grading inspector. The County personnel have submitted letters outlining their observations and requirements, and are attached for your review. The Rolling Hills Community Association has also submitted a letter to the City to document their concerns. During the past two months, staff does recognize the efforts of the applicant and his representatives in trying to satisfy the requests of the Commission. In further reviewing the application, staff must note that the prescribed six month time period for City action since the filing of the application (12/26/89) on the original Conditional Use Permit request will expire soon (6/26/90). Correspondingly, the Commission has the option to take action upon the matter based upon the evidence submitted up to the meeting, or consider a request for continuance to a specified meeting date upon the applicant waiving his right to provisions of the Permit Streamlining Act. zc416#4 STAFF REPORT DATE: April 9, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 416; Request for a Conditional Use Permit for a pavilion/cabana; Site Plan Review to determine compatibility of the proposed pavilion/cabana with the site; Variance to install kitchen/cooking facilities in the proposed pavilion/cabana, to reduce the required lot frontage for a Lot Line Adjustment, to encroach into the side yard setback with a trellis covering for recreational vehicle parking; Request for a Certificate of Compliance for a lot line adjustment. DISCUSSION The Planning Commission, at their regular meeting of February 20, 1990, continued indefinitely the above -stated application and instructed the applicant to resolve property violations that have occurred on the site. At the last meeting, staff itemized apparent violations and concerns that the applicant must address. These included the following observations made by the Commission, staff, and the applicant's representative at a previous field inspection: 1. Construction of the foundation for the pavilion/cabana structure had occurred and was not consistent with submitted plans. 2. Construction of masonry pilasters apparently for light standards for the tennis court. 3. Construction of a large retaining wall and brick walkway that have an extensive lighting system. 4. Grading of the site from top to down to the canyon base and landscaping that deviates from any prior plans. 5. Construction, without required permits, an attached lattice covering for recreational vehicle parking within the side yard setback. The applicant has responded in the following manner: 1. The applicant has now submitted a request for variance to install kitchen/cooking facilities as part of the pavilion/cabana structure. 2. Staff and the applicant's representative conducted a site inspection since the last meeting, and observed that the masonry pilasters have been demolished. 3. The applicant is requesting to resolve other matters stated by seeking a variance to reduce lot frontage and certificate of compliance for a proposed lot line adjustment with property located at 3 Georgeff Road, Lot 57-A-MS. The applicant suggests that if the property line can be adjusted away from the lattice covering, this structure would then not encroach into the side yard setback. Conditions addressing other project development incidentals, if the application is approved, can be included with a discretionary action. zc416 page 2 4. As it pertains to lot line adjustments, the Commission will recall that the City Attorney has made reference to Government Code Section 66412(d) that provides a City's review of a lot line adjustment be limited to whether the parcels resulting from the adjustment will conform to "local zoning and building ordinances". Further, said subsection does not define or limit which zoning code and building ordinance provision or provisions a city may consider. The applicant is requesting variance relief from the requirement that residential lots have a minimum frontage along a roadway easement line of no less than 150 feet (Ref.: Section 16.16.040). Should the variance be approved, appropriate conditions relating to compliance with particular sections of the zoning ordinance can be imposed. RECOMMENDATION Since the application has Staff would recommend that continue the matter to an and surrounding properties. zc416#3 been expanded to include the abutting parcel, the Commission receive public testimony and adjourned meeting so as to reinspect the site STAFF REPORT DATE: February 13, 1990 TO: PLANNING COMMISSION FROM: STAFF SUBJECT: ZONING CASE NO. 416; Request, for a Conditional Use Permit to establish and maintain a tennis court pavillion/cabana and Site Plan Review to determine compatibility of the proposed pavilion/cabana with the site; 1 Georgeff Road, Lot 57-A-1-MS; Owner: Mr. Craig Caldwell DISCUSSION The Planning Commission, at their regular meeting held January 16, 1990, continued the above -stated application to an adjourned meeting so as to inspect the site and surrounding properties. The applicant is requesting reconfirmation of applications for a conditional use permit and site plan review that had expired for the establishment of a tennis court pavilion/cabana. Issues raised at the previous meetings included the following: 1. The prior application for the proposed structure expired, and must again be evaluated for land use compatibility. 2. Questions arose regarding deviations from previous site development plans and unauthorized work undertaken upon the property. An inspection of the property by the Commission, Staff, and the applicant's representative observed the following: a. Construction of the foundation for the pavilion deviated from the submitted floor plan b. Construction of, what appears to be bases for light standards at the tennis court, has occurred c. Construction of brick walkways and retaining walls with an extensive lighting system d. Grading and landscape work which appears to deviate from prior plans e. Construction of a lattice carport structure without permit zc416 page 2 RECOMMENDATION, Staff recommends that the Planning Commission closely examine the proposed project as it relates to the issue of land use compatibility, and evaluate potential impacts. Before a conditional use permit may be granted, the Commission must determine if the required showing is present in that the granting of the conditional use permit would be consistent with the purposes and objectives of the zoning ordinance, and would be desirable to the public convenience and welfare. Further, the Commission must consider site plan review for the project and determine that findings required for site plan review approval as set forth by the ordinance are satisfied. Should the Commission approve the request, appropriate conditions should be attached so as to correct all violations ascertained on the site. zc416#2 DATE: January 8, 1990 PROJECT DESCRIPTION APPLICATION NO.: SITE LOCATION: ZONING: APPLICANT: REPRESENTATIVE: PUBLISHED: PRIOR CITY ACTIONS: PROPERTY SIZE/ CONFIGURATION: PRESENT DEVELOPMENT: REQUEST: STAFF REPORT Zoning Case No. 416 1 Georgeff Road, Lot 57-A-1-MS RAS-2 Mr. Craig Caldwell Doug McHattie, South Bay Engineering January 6, 1990 ZC 346- CUP Tennis Court/Accessory Pavilion structure; ZC 336- CUP Recreation Bldg., Variance building height; ZC 298- CUP Tennis Court/Accessory building (expired) 203,369 SF (Net), Irregular shape Single family residence, stable, pool, tennis court A Conditional Use Permit to establish and maintain a tennis court pavilion/cabana; Site Plan Review to determine compatibility of the proposed pavilion/cabana with the site REVIEW AND EVALUATION OF ISSUES In reviewing the applicant's request under Title 17 (Zoning), Staff would identify the following issues for evaluation: 1. The Planning Commission will October 17, 1989 that the applicant' new request must be filed, since pavilion/cabana had expired. Again, must be addressed. recall from the regular meeting held s representative was informed that a a prior approval (ZC 346) for the the issue of land use compatibility 2. At the last meeting on this matter, the Commission was informed that trenching for the structure had been undertaken, but ceased. Further, there arose questions regarding apparent deviations from previous site development plans depicting structure development, grading, and landscaping. The Commission may wish further discussion on this matter. 3. Submitted plans indicate complied with (10.3% structure, 9.4% 4. A thorough site inspection and for consideration of conditions identified an the property. that lot coverage requirements will be flatwork, 19.7% total). is recommended to evaluate the project to resolve any deficiences that may be zc416 page 2 RECOMENDATION Staff recommends that the Planning Commission closely examine the proposed project as it relates to the issue of land use compatibility, and evaluate potential impacts. Before a conditional use permit may be granted, the Commission must determine if the required showing is present in that the granting of the conditional use permit would be consistent with the purposes and objectives of the zoning ordinance, and would be desirable to the public convenience and welfare. Further, the Commission must consider site plan review for the project and determine that findings required for site plan review approval as set forth by the ordinance are satisfied. The Commission should receive public testimony and continue the matter to an adjourned meeting so as to inspect the site and surrounding properties. zc416rh