761, Addition to Kitchen & dinning , Staff Reports• •
City ol leo/ling
DATE: NOVEMBER 10, 2008
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377.7288
Agenda Item No.: 4A
Mtg. Date: 11/10/08
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
THROUGH: ANTON DAHLERBRUCH, CITY MANAGER
SUBJECT: RESOLUTION NO. 2008-17. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING A MINOR VARIANCE TO PERMIT
CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH
WOULD ENCROACH INTO THE SIDE YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 761, AT 12 EASTFIELD DRIVE, (LOT 65-A-EF) ROLLING
HILLS, CA., (ITOH).
RECOMMENDATION
It is recommended that the City Council receive and file this report or provide
other direction to staff.
REQUEST
Request for a Minor Variance to encroach two square feet into the side yard
setback with an addition.
BACKGROUND
1. At the October 21, 2008 Planning Commission meeting the Commission
adopted Resolution No. 2008-17 granting approval of this case. The vote was 4-0-1.
Commissioners Smith was absent. The approval contains a condition that any
further development be brought back to the Planning Commission, including
future stable.
2. The proposal calls for a Minor Variance for a 1-foot encroachment into the
side yard setback with two square feet of the addition. The total addition is 196
square feet. Approximately 115 square feet of the existing 3,091 square foot
ZC NO. 761
12 Eastfield
1
Printed on Recycled Paper
• •
residence encroaches into the side setback and 350 square feet encroaches into the
front yard setback. The addition, minus the encroachment, is subject to
administrative approval (over -the counter) due to it being less than 1,000 square
feet.
3. A minor variance is a deviation from the development standards where the
attached structure encroaches no more than 5 feet into the setback.
4. There are no building records on this property prior to 1977. The Assessor's
records show that the residence was built in 1951 and re -assessed in 1962. A
building permit was issued in 1977 for 1,397 square foot addition, but it expired
and no construction took place. A swimming pool was built in 1978 and fire
damage was repaired in 1979. A new roof was installed in 2001.
5. The property is zoned RAS-1 and consists of 0.92 acres gross (40,030 square
feet). The net lot area for development purposes is 31,831 square feet.
6. With the proposed 196 square foot addition the property will be developed
with a 3,287 square foot residence, 709 square foot garage, 705 square foot
swimming pool, 54 square feet pool equipment area, 307 square feet porches (in
the front and back), and a service yard. An area of 1,000 square feet is set aside for
a future stable in the rear of the property, with adequate access.
MUNICIPAL CODE COMPLIANCE
7. The 2 square foot encroachment into the side setback would follow the
encroachment of the existing residence.
8. The proposed addition is under an existing porch. The plot plan shows that
the existing porch will be pushed out beyond the addition and the square footage
(81 sq.ft.) is included with this application.
9. No grading is required for this project. The additions will be constructed on
an already disturbed and graded pad. No drainage patterns will be affected as the
front of the residence drains to the front and the rear to the rear.
10. The net lot area of the lot is 31,831 square feet. The structural lot coverage
proposed is 5,608 square feet or 17.6% of the net lot area, (20% permitted); the total
lot coverage including structures and flatwork is proposed at 10,331 square feet or
32.5-% of the net lot area, (35% permitted).
11. The residential building pad on this property, not in setbacks is 13,585
square feet. No grading or increase in the building pad is proposed. The coverage
on this pad, which includes the future stable, will be 39.02%, (excluding the porch).
Currently, the building pad coverage is 34.3%, (the stable is not included in the
existing building pad coverage).
12. The disturbed area of the lot is 24,351 square feet or 76.5% of the net lot
area, which exceeds the 40% maximum permitted. However, the area was
ZC NO. 761 2
12 Eastfield
disturbed prior to City's 40% requirement and the new addition will not cause it to
be greater than the existing non -conforming disturbance.
13. In response for justification for the Minor Variance request for the
encroachment with the addition into the side setback, the applicant's
representative states in part that the lot is developed in such a way that the
existing structure already encroaches into the setbacks and in order to continue
along the same wall a small encroachment is needed. He further states that the
residence is in an area of the city where most homes were built to old requirements
and therefore encroach into setbacks.
14. It is a condition of approval that the utility lines be placed underground and
that the roofing material meet City and RHCA standards for Class "A" roof.
CONCLUSION
15. The application calls for an addition, of which 2 square feet would
encroach into the side yard setback. The encroachment is proposed to be along
the line of the existing structure, and is one foot at maximum.
16. `The Planning Commission found that the application meets the criteria for
granting of a Variance for encroachment.
17. The proposed encroachment will not be detrimental to other properties as it
is a very insignificant considering the existing encroachments on the property and
it follows the line of the existing encroachment.
18. The disturbed lot area is 76.5% of the net lot area, which greatly exceeds the
maximum permitted. However, no additional disturbance is proposed and the
exceedance is legal non -conforming condition.
OTHER AGENCIES REVIEW
19. The Rolling Hills Community Association Architectural Committee
reviewed and approved this project.
20. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
ZC NO.761
12 Eastfield
ZONING CASE NO. 761
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)
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.
DISTURBED AREA
(40% maximum;
STABLE (minimum 450 sa. ft.)
CORRAL (minimum 550 sa. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
ZC NO. 761
12 Eastfield
EXISTING
Single family residence,
which encroaches into side
and front yard setback
Residence
Garage
Stable
Service yd
Pool
Pool equip.
Cov. porch
TOTAL
15.3%
30.9-%
34.3%
N/A
76.5%
3091 sq.ft.
709 sq.ft
0 sq.ft.
96 sq.ft.
705 sq.ft.
54 sq.ft.
236 sq.ft.
4,881 sq.ft.
Existing from Eastfield
N/A
N/A
PROPOSED
Variance for addition that
would encroach into the side
yard setback
Residence 3287 sq.ft.
Garage 709 sq.ft.
Stable (future) 450 sq.ft.
Service Yd. 96 sq.ft.
Porches 307 sq.ft.
Pool 705 sq.ft.
Pool eq. 54 sq.ft.
TOTAL 5,608 sq.ft.
17.6% of 31,831 sq.ft. net lot
area
32.5% of 31,831 sq.ft. net lot
area
39.02% including stable
None
76.5%
Future
Future
Existing from Eastfield
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.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC NO.761
12 Eastfield
o
RESOLUTION 2008-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A MINOR VARIANCE TO PERMIT
CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD
ENCROACH INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 761, AT 12 EASTFIELD DRIVE,
(LOT 65-A-EF) ROLLING HILLS, CA., (ITOH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Tasuo Itoh with
respect to real property located at 12 Eastfield Drive, Rolling Hills (Lot 65-A-EF)
requesting a Minor Variance to construct a 196 square foot addition. The Minor
Variance is necessary due to the fact that a small portion (2 square feet) of the
proposed addition will project one foot into the side setback.
Section 2. The Planning Commission conducted a duly noticed public
hearing and field trip to consider the application on September 16, 2008. The
applicants were 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's
representative was in attendance at the hearings.
Section 3. 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 4. 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 side yard setback 20 feet from the property line. The
applicant is requesting a Variance to allow two (2) square feet of the 196 square
foot addition to the existing residence to encroach up to one (1) foot into the side
setback. The variance is a minor variance due to the insignificant encroachment.
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 and location of the existing
Reso. 2008-17
ZC NO. 761
1
• •
structure, which has an existing building encroachment into the 20-foot side
setback, makes it infeasible to extend a building wall without creating notches in
the roof line and in the area of addition.
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 configuration and location of the existing residence make it
difficult to make addition elsewhere to the property without an encroachment. The
Variance will permit the development of the property in a manner consistent with
surrounding properties and the encroachment will follow the building line of the
current 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. The minor encroachment in the side
setback would allow the remaining portion of the lot to remain undeveloped,
would minimize grading and would follow the existing line of the house. The area
of addition is screened from adjacent property owners and would not impair
views. The structural lot coverage and total impervious lot coverage are in
compliance with requirements of the City.
D. 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 in compliance with the requirements of the City.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Minor Variance in Zoning Case No. 761 to encroach up to
one (1) foot into the side setback with an addition, 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 this approval 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.
Reso. 2008-17
ZC NO. 761
2 CD
• •
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance 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 September 9, 2008 except as
otherwise provided in these conditions.
E. The property on which the project is located contains an adequate
pad area for future development of a minimum 450 square foot stable and
minimum 550 square foot corral.
F. The property owners shall comply with the requirements of the
Lighting Ordinance of the City of Rolling Hills, pertaining to lighting on said
property.
G. The property owners shall comply with the requirements of Section
17.16.190 of the Zoning Ordinance pertaining to roof covering.
H. Utility lines serving the subject residence shall be placed
underground in compliance with all applicable standards and requirements of
the City and utility companies, prior to final building inspection.
1. Structural lot coverage shall not exceed 5,608 square feet or 17.6%,
in conformance with lot coverage limitations.
J. Total lot coverage of structures and paved areas shall not exceed
10,331 square feet or 32.5% in conformance with total lot coverage limitations.
K. The amount of the existing disturbed area of the lot is 24,351 square
feet (76.5%), exceeding the 40% maximum permitted. The existing disturbed area
shall not be enlarged or increased, pursuant to Section 17.24.040 of the Zoning
Ordinance.
L. Residential building pad coverage on the 13,585 square foot
residential building pad shall not exceed 39.02%, including the future stable, but
not including the area of covered porches that are 10% or less of the structures.
M. There shall be no grading for this project.
N. This project plans shall be reviewed and approved by the Rolling
Hills Community Association (RHCA).
O. 50% of construction debris shall be recycled or diverted from
landfills. Verification shall be submitted to staff regarding how much material
was generated, how much was recycled and which facility the recycling material
was taken to.
Reso. 2008-17
ZC NO. 761
• •
P. 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, except that the Rolling Hills Community Association (RHCA) may
approve certain encroachments. '
Q. The side 20-foot setback line in the area of the construction shall be
staked during the entire construction time.
R. Should new landscaping be introduced for this project, the
landscaping shall include water efficient irrigation that incorporates a low
gallonage irrigation system, utilizes automatic controllers, incorporates an
irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and utilizes means to reduce water waste resulting from
runoff and overspray. Further, landscaping 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, and shall comply with the Fire Department requirements for clearance
of brush in proximity to structures.
S. During construction, dust control measures shallbe used to
stabilize the soil from wind erosion and reduce dust and objectionable odors
generated by construction activities in accordance with South Coast Air Quality
Management District, Los Angeles County and local ordinances and engineering
practices.
T. During construction, conformance with the stormwater pollution
prevention practices, County and local ordinances and engineering practices is
required so that people or property are not exposed to undue vehicle trips, noise,
dust, objectionable odors, landslides, mudflows, erosion, or land subsidence.
U. 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.
V. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
W. 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.
Reso. 2008-17
ZC NO. 761
• •
X. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Public Works Department
Best Management Practices (BMP's) related to solid waste.
Y. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water in an approved manner.
Z. The working drawings submitted to the County Department of
Building and Safety for plan check review shall conform to the development plan
described in Condition D.
AA. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modification to this project and to the property,
which would constitute additional structural development and/or grading
including the construction of a future stable shall require the filing of a new
application for approval by the Planning Commission.
AB. The applicant shall execute an Affidavit of Acceptance of all
conditions of this Variance or it shall not be effective.
AC. All conditions of this Minor Variance approval, that apply, must be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
AD. 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 21st DAY OF OCTOBER 2008.
0
R7
CHARD HENKE, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. 2008-17
ZC NO.761
5
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2008-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A MINOR VARIANCE TO PERMIT
CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD
ENCROACH INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 761, AT 12 EASTFIELD DRIVE,
(LOT 65-A-EF) ROLLING HILLS, CA., (ITOH).
was approved and adopted at a regular meeting of the Planning Commission on
October 21, 2008 by the following roll call vote:
AYES: Commissioners DeRoy, Sommer, Witte and Chairman Henke.
NOES: None.
ABSENT: Commissioner Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY"CITY CLERK
Reso. 2008-17
ZC NO. 761
6
DATE:
TO:
FROM:
•
e14t ® E/i; J/d'/
•
INCORPORATED JANUARY
24. 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
OCTOBER 21, 2008
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 761
12 EASTFIELD DRIVE (LOT 65-A-EF)
RA-S-1, 0.92 ACRES (GROSS)
MR. AND MRS. ITOH
CRISS GUNDERSON, ARCHITECT
SEPTEMBER 6, 2008
REQUEST AND RECOMMENDATION
The applicants request a Minor Variance to construct a 196 square foot
addition, of which 2 square feet would encroach one -foot into the side yard
setback at an existing single family residence.
It is recommended that the Planning Commission review and adopt
Resolution No. 2008-17 or provide other direction to staff.
BACKGROUND
1. At the September 16, 2008 Planning Commission field trip meeting the
Commission directed staff to prepare a Resolution approving the proposed
project. The vote was unanimous.
2. The attached Resolution No. 2008-17 contains standard findings of facts
and conditions of approval including:
• That any further development on the property, including a future stable,
require a new application to be reviewed by the Planning Commission.
Printed on Recycled Paper
RESOLUTION 2008-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A MINOR VARIANCE TO PERMIT
CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD
ENCROACH INTO THE SIDE YARD SE I BACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 761, AT 12 EASTFIELD DRIVE,
(LOT 65-A-EF) ROLLING HILLS, CA., (ITOH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Tasuo Itoh with
respect to real property located at 12 Eastfield Drive, Rolling Hills (Lot 65-A-EF)
requesting a Minor Variance to construct a 196 square foot addition. The Minor
Variance is necessary due to the fact that a small portion (2 square feet) of the
proposed addition will project one foot into the side setback.
Section 2. The Planning Commission conducted a duly noticed public
hearing and field trip to consider the application on September 16, 2008. The
applicants were 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's
representative was in attendance at the hearings.
Section 3. 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 4. 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 side yard setback 20 feet from the property line. The
applicant is requesting a Variance to allow two (2) square feet of the 196 square
foot addition to the existing residence to encroach up to one (1) foot into the side
setback. The variance is a minor variance due to the insignificant encroachment.
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 and location of the existing
Reso. 2008-17
ZC NO. 761
1
• •
structure, which has an existing building encroachment into the 20-foot side
setback, makes it infeasible to extend a building wall without creating notches in
the roof line and in the area of addition.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the salve 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 configuration and location of the existing residence make it
difficult to make addition elsewhere to the property without an encroachment. The
Variance will permit the development of the property in a manner consistent with
surrounding properties and the encroachment will follow the building line of the
current 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. The minor encroachment in the side
setback would allow the remaining portion of the lot to remain undeveloped,
would minimize grading and would follow the existing line of the house. The area
of addition is screened from adjacent property owners and would not impair
views. The structural lot coverage and total impervious lot coverage are in
compliance with requirements of the City.
D. 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 in compliance with the requirements of the City.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Minor Variance in Zoning Case No. 761 to encroach up to
one (1) foot into the side setback with an addition, 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 this approval 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.
Reso. 2008-17
ZC NO. 761
• •
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance 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 September 9, 2008 except as
otherwise provided in these conditions.
E. The property on which the project is located contains an adequate
pad area for future development of a minimum 450 square foot stable and
minimum 550 square foot corral.
F. The property owners shall comply with the requirements of the
Lighting Ordinance of the City of Rolling Hills, pertaining to lighting on said
property.
G. The property owners shall comply with the requirements of Section
17.16.190 of the Zoning Ordinance pertaining to roof covering.
H. Utility lines serving the subject residence shall be placed
underground in compliance with all applicable standards and requirements of
the City and utility companies, prior to final building inspection.
I. Structural lot coverage shall not exceed 5,608 square feet or 17.6%,
in conformance with lot coverage limitations.
J. Total lot coverage of structures and paved areas shall not exceed
10,331 square feet or 32.5% in conformance with total lot coverage limitations.
K. The amount of the existing disturbed area of the lot is 24,351 square
feet (76.5%), exceeding the 40% maximum permitted. The existing disturbed area
shall not be enlarged or increased, pursuant to Section 17.24.040 of the Zoning
Ordinance.
L. Residential building pad coverage on the 13,585 square foot
residential building pad shall not exceed 39.02%, including the future stable, but
not including the area of covered porches that are 10% or less of the structures.
M. There shall be no grading for this project.
N. This project plans shall be reviewed and approved by the Rolling
Hills Community Association (RHCA).
O. 50% of construction debris shall be recycled or diverted from
landfills. Verification shall be submitted to staff regarding how much material
was generated, how much was recycled and which facility the recycling material
was taken to.
Reso. 2008-17
ZC NO.761
'O
• •
P. 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, except that the Rolling I-Iills Community Association (RHCA) may
approve certain encroachments.
Q. The side 20-foot setback line in the area of the construction shall be
staked during the entire construction time.
R. Should new landscaping be introduced for this project, the
landscaping shall include water efficient irrigation that incorporates a low
gallonage irrigation system, utilizes automatic controllers, incorporates an
irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and utilizes means to reduce water waste resulting from
runoff and overspray. Further, landscaping 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, and shall comply with the Fire Department requirements for clearance
of brush in proximity to structures.
S. During construction, dust control measures shall be used to
stabilize the soil from wind erosion and reduce dust and objectionable odors
generated by construction activities in accordance with South Coast Air Quality
Management District, Los Angeles County and local ordinances and engineering
practices.
T. During construction, conformance with the stormwater pollution
prevention practices, County and local ordinances and engineering practices is
required so that people or property are not exposed to undue vehicle trips, noise,
dust, objectionable odors, landslides, mudflows, erosion, or land subsidence.
U. 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.
V. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
W. 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.
Reso. 2008-17 4
ZC NO.761 S
X. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Public Works Department
Best Management Practices (BMP's) related to solid waste.
Y. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water in an approved manner.
Z. The working drawings submitted to the County Department of
Building and Safety for plan check review shall conform to the development plan
described in Condition D.
AA. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modification to this project and to the property,
which would constitute additional structural development and/or grading
including the construction of a future stable shall require the filing of a new
application for approval by the Planning Commission.
AB. The applicant shall execute an Affidavit of Acceptance of all
conditions of this Variance or it shall not be effective.
AC. All conditions of this Minor Variance approval, that apply, must be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
AD. 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 21st DAY OF OCTOBER 2008.
RICHARD HENKE, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. 2008-17
ZC NO.761
5 E'-)
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2008-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A MINOR VARIANCE TO PERMIT
CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD
ENCROACH INTO THE SIDE YARD SE I BACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 761, AT 12 EASTFIELD DRIVE,
(LOT 65-A-EF) ROLLING HILLS, CA., (ITOH).
was approved and adopted at a regular meeting of the Planning Commission on
October 21, 2008 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.
DEPUTY CITY CLERK
Reso. 2008-17
ZC NO. 761
DATE:
TO:
FROM:
•
C1tv
•
�/2 7�ng Jd�Pf,
INCORPORATED
JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377.7288
SEPTEMBER 16, 2008
HONORABLE MEMBERS OF THE PLANNING COMMISSIO
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 761
12 EASTFIELD DRIVE (LOT 65-A-EF)
RA-S-1, 0.92 ACRES (GROSS)
MR. AND MRS. ITOH
CRISS GUNDERSON, ARCHITECT
SEPTEMBER 6, 2008
REQUEST AND RECOMMENDATION
1. The applicants request a Minor Variance to construct a 196 square foot
addition, of which 2 square feet would encroach at a maximum 1-foot into the side
yard setback at an existing single family residence.
2. It is recommended that the Planning Commission review the staff report,
view the project, open the public hearing, take public testimony, consider the
criteria for granting variances, continue the hearing to the regular Planning
Commission meeting or provide other direction to staff.
BACKGROUND
3. The proposal calls for a Minor Variance for a 1-foot encroachment into the
side yard setback with two square feet of the addition. Approximately 115 square
feet of the existing 3,091 square foot residence encroaches into the side setback and
350 square feet encroaches into the front yard setback. The addition, minus the
encroachment, is subject to administrative approval (over -the counter) due to it
being less than 1,000 square feet.
4. A minor variance is a deviation from the development standards where the
attached structure encroaches no more than 5 feet into the setback.
5. There are no building records on this property prior to 1977. The Assessor's
records show that the residence was built in 1951 and re -assessed in 1962. A
building permit was issued in 1977 for 1,397 square foot addition, but it expired
and no construction took place. A swimming pool was built in 1978 and fire
damage was repaired in 1979. A new roof was installed in 2001.
ZC NO. 761
12 Eastfield
® Printed on Recycled Paper
• •
6. The property is zoned RAS-1 and consists of 0.92 acres gross (40,030 square
feet). The net lot area for development purposes is 31,831 square feet.
7. With the proposed 196 square foot addition the property will be developed
with a 3,287 square foot residence, 709 square foot garage, 705 square foot
swimming pool, 54 square feet pool equipment area, 307 square feet porches (in
front and back), and a service yard. An area of 1,000 square feet is set aside for a
future stable in the rear of the property, with adequate access.
MUNICIPAL CODE COMPLIANCE
8. The 2 square foot encroachment into the side setback would follow the
encroachment of the existing residence.
9. The proposed addition is under an existing roof. The plot plan shows that
the existing porch will be pushed out beyond the addition and the square footage
(81 sq.ft.) is included with this application.
10. No grading is required for this project. The additions will be constructed on
an already disturbed and graded pad. No drainage patterns will be affected as the
front of the residence drains to the front and the rear to the rear.
11. The net lot area of the lot is 31,831 square feet. The structural lot coverage
proposed is 5,608 square feet or 17.6% of the net lot area, (20% permitted); the total
lot coverage including structures and flatwork is proposed at 10,331 square feet or
32.5-% of the net lot area, (35% permitted).
12. The residential building pad on this property, not in setbacks is 13,585
square feet. No grading or increase in the building pad is proposed. The coverage
on this pad, which includes the future stable, will be 39.02%, (excluding the porch).
Currently, the building pad coverage is 34.3%.
13. The disturbed area of the lot is 24,351 square feet or 76.5% of the net lot
area, which exceeds the 40% maximum permitted. However, the area was
disturbed prior to City's 40% requirement becoming effective, (August 1995), and
the new addition will not cause it to be greater than the existing non -conforming
disturbance.
14. In response for justification for the Minor Variance request for the
encroachment with the addition into the side setback, the applicant's
representative states in part that the lot is developed in such a way that the
existing structure already encroaches into the setbacks and in order to continue
along the same wall a small encroachment is needed. He further states that the
residence is in an area of the city where most homes were built to old requirements
and therefore encroach into setbacks.
15. It will be a condition of this approval, if approved, that the utility lines be
placed underground and that the roofing material meet City and RHCA standard
for Class "A" roof.
ZC NO.761
12 Eastfield
2
J
•
CONCLUSION
16. The application calls for an addition, of which 2 square feet would
encroach into the side yard setback. The encroachment is proposed to be along
the line of the existing structure, and is one foot at maximum.
17. The Planning Commission must find that the application meets the criteria
for granting of a Variance for encroachment.
18. The proposed encroachment will not be detrimental to other properties as it
is a very insignificant considering the existing encroachments on the property and
it follows the line of the existing encroachment.
19. The disturbed lot area is 76.5% of the net lot area, which greatly exceeds the
maximum permitted. However, no additional disturbance is proposed and the
exceedance is legal non -conforming condition.
OTHER AGENCIES REVIEW
20. The Rolling Hills Community Association Architectural Committee will
review the project for architectural elements and design at a later date.
21. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
ZC NO.761
12 Eastfield
ZONING CASE NO. 761
SITE PLAN REVIEW EXISTING
RA-S-1 ZONE SETBACKS Single family residence,
Front: 50 ft. from front which encroaches into side
easement line and front yard setback
Side: 20 ft. from property line
Rear: 50 ft. from property line
STRUCTURES Residence 3091 sq.ft.
(Site Plan Review required if Garage 709 sq.ft
size of structure increases by at Stable 0 sq.ft.
least 1,000 sq. ft. and has the Service yd 96 sq.ft.
effect of increasing the size of Pool 705 sq.ft.
the structure by more than 25% Pool equip. 54 sq.ft.
in a 36-month period). Cov. porch 236 sq.ft.
STRUCTURAL LOT
COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
BUILDING PAD COVERAGE
RESIDENTIAL
COVERAGE (30% max)
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.
DISTURBED AREA
(40% maximum;
STABLE (minimum 450 sa. ft.)
CORRAL (minimum 550 so. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
TOTAL
15.3%
30.9-%
34.3%
N/A
76.5%
4,881 sq.ft.
Existing from Eastfield
N/A
N/A
PROPOSED
Variance for addition that
would encroach into the side
yard setback
Residence 3287 sq.ft.
Garage 709 sq.ft.
Stable (future) 450 sq.ft.
Service Yd. 96 sq.ft.
Porches 307 sq.ft.
Pool 705 sq.ft.
Pool eq. 54 sq.ft.
TOTAL 5,608 sq.ft.
17.6% of 31,831 sq.ft. net lot
area
32.5% of 31,831 sq.ft. net lot
area
39.02% including stable
None
76.5%
Future
Future
Future
Existing from Eastfield
Planning Commission review
Planning Commission review
ZC NO. 761
12 Eastfield
• •
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.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC NO. 761
12 Eastfield