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750, Kitchen expansion & remodel w/, Staff Reports (2)50TH ANNIVERSARY 1957 — 2007 DATE: TO: FROM: • • C iet19 ilia INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 FEBRUARY 19, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 750 1 LOWER BLACKWATER CANYON ROAD (LOT 46-RH) RA-S-1, 4.5 ACRES (GROSS) MR. AND MRS. KEVIN PLUIMER ENVIROTECHNO ARCHITECTURE FEBRUARY 9, 2008 REOUEST AND RECOMMENDATION 1. The applicants request a Site Plan Review to construct 1,172 square foot addition to an existing residence and a Variance to encroach with 62 square feet of the , addition into the side yard setback. In addition, the applicant proposes to encroach with a new 158 square foot attached trellis into the side setback, which also requires a Variance. 2. It is recommended that the Planning Commission review the staff report, consider the criteria for granting a site plan review and variances, take public testimony and schedule a field trip. BACKGROUND 3. The property is zoned RAS-1 and consists of 4.5 acres gross. The net lot area for development purposes is 119,661 square feet or 2.75 acres. The lot is irregular in shape and is located at the convergence of three streets, Lower Blackwater Canyon Road, Williamsburg Lane and Middleridge Lane North. Lower Blackwater Canyon Road goes through the property and consists of a sixty -foot wide roadway easement. However only 18-20 feet of the roadway easement is paved. The actual paved portion of the road meanders in and out of the easement and is located approximately 50 feet east (below) the residence. 4. For calculating the net lot area, all of the roadway easements are deducted from the gross lot area, plus additional 10 feet is deducted along the entire perimeter of the parcel. With so many easements, the net lot area of this lot is considerably smaller than the gross lot area. The area of the lot located below the ZC No.750 Pluimer 1 ® Printed on Recycled Poper • • roadway is too steep for development and is less than one acre (approx. 35,900 sq.ft.). 5. The applicants submitted a request to the RHCA Board of Directors for reduction of the roadway easement and the relocation of the roadway easement to more closely align with the actual paved road. Should the reduction and relocation of the roadway easement be approved, then the encroachment issues will disappear, and the variance would not be necessary. The process to reduce and/or realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. 6. Since the project was advertised for a Site Plan Review and a Variance, new information was submitted indicating that the structure permitted and originally constructed as a stable has been converted to storage/recreation room. The applicants will submit a CUP application prior to the next Planning Commission meeting for the conversion and will set aside an area for a future stable and corral on the same pad as this structure. Staff will properly advertise the new request and amended calculations will be presented to the Commission. 7. For the purpose of determining setbacks on this property, the side yard setback is 20-feet from the Lower Blackwater Canyon roadway easement. Approximately 600 square feet of the existing house and the existing trellis are located in the 20-foot setback. The proposed additions into the setback would square off the existing encroachment. The remaining of the proposed additions, consisting of 1,112 square feet, are located mostly along the western portion of the residence, and must be reviewed under a Site Plan application. With the proposed addition, the detached garage will be connected to the residence. 8. Currently, the property is developed with 2,852 square foot residence, 807 square foot detached garage, 643 square foot swimming pool with 56 square foot equipment area, 327 square foot attached trellis, 690 square foot storage/recreation room, service yard, barbecue, fireplace and gazebo. 9. In 1993, an application for an 8,500 square foot residence and garage was approved on the property requiring 3,800 cubic yards of cut and 3,800 cubic yards of fill. It included a Variance for locating a stable in the front yard. This project was not constructed. 10. Building records show that the house was built in 1940. It was remodeled in 1943. In 1957 an addition and a 3-car garage were constructed. In 1960 a pool and stable were constructed. In 2003 the house was re -roofed. There are no permits on file for the existing barbecue and fireplace. As part of the application, the applicant will be required to obtain building permits for the barbecue and fireplace from LA County Building and Safety Department. MUNICIPAL CODE COMPLIANCE ZC No.750 Pluimer 2 (� • 11. The proposed 1,172 square foot addition includes additions throughout the residence. 62 square feet of the addition and a trellis would encroach into the side yard setback. The residence would be 4,024 square feet and the garage 807 square feet. 12. An area of 1,000 square feet for a future stable and corral will be set aside on the second building pad. Currently a 690 square foot structure is located on that pad. This structure was originally constructed as a stable, but has been converted to other uses. The current property owners did not make this conversion. 13. 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, however additional drain lines and area drains will be installed and a dissipator constructed to the east of the residence. 14. The existing driveway and driveway approach from Lower Blackwater Canyon Road will remain. 15. The net lot area of the lot is 119,661 square feet. The structural lot coverage proposed is 7,359 square feet or 6.1% of the net lot area. The total lot coverage proposed, including structures and flatwork is 13,239 square feet or 11.1% of the net lot area, (35% permitted). 16. There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad is 11,197 square feet and will have coverage of 5,626 square feet or 50.2%, not including the trellises. With the trellises the building pad coverage would be 58.2%. Currently, the building pad coverage without the trellis is 39.8% and including the existing trellis 42.7%. The stable pad is 3,407 square feet with coverage of 834 square feet or 24.4%. The combined building pads coverage is proposed at 44.2%. (The stable pad coverage will be recalculated once an application for a CUP for the existing structure is submitted and an area for a future stable is designated). 17. The disturbed area of the lot is 14,604 square feet or 12.2% of the net lot area, which includes both building pads. 18. In response for justification for the Variance request for the encroachment with the addition into the side setback, the applicant's representative states in part that "the existing residence, patio covered trellis and barbecue area exist within the setback and further, encroach into the roadway easement. This condition existed prior to the purchase of the property by the current owners. Mr. Pluimer is currently working with the RHCA Board of Directors on the relocation and reduction of the easement to the center line of the existing road, which would correct the placement of the easement and eliminate any encroachment and setback issues. It is estimated that it will take considerable amount of time to process and record the easement relocation, if approved, and therefore precludes the owners to pursue their project without a Variance at this time." He further states that "the proposed addition does not interfere with any adjacent properties, ZC No. 750 Pluimer • • 4 is not visible from other properties and does not constitute any detriment to property or the public welfare". 19. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. CONCLUSION 20. The application calls for an addition, of which 62 square feet would encroach into the side yard setback. Currently 600 square feet of the existing residence, a trellis and barbecue area encroach into the side setback. 21. A Variance for encroachment would not be required, if the roadway easement was located further to the east and aligned with the actual road. The applicants submitted an application to the RHCA so that this condition may be corrected. 22. The shape of the lot and the configuration of the existing development on the property make it difficult to improve the lot within the allowable development standards for setbacks. The lot is steep and construction in any other area of the lot would require additional grading. 23. The Planning Commission must find that the application meets the criteria for granting of a Site Plan Review and a Variance. Some of the goals and policies of the Land Use Element of the General Plan that would be applicable to this application and should be considered by the Planning Commission include City's desire to "maintain Rolling Hills' distinctive rural residential character". Another goal is for the City "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses", and require that development conform with the City's existing low -profile, ranch style architecture". 24. The project is compatible with the surrounding properties. The roof height of the addition will align with the existing roof, which is at a maximum 15'1" from the finished floor. The lot is large, irregular in shape with a road going through it and is bounded by two additional roads. In that respect this lot is unique. OTHER AGENCIES REVIEW 25. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 26. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC No.750 Pluimer o 4 r ZONING CASE NO. 750 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 COMBINED 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.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence, which encroaches into the side yard setbacks Residence Garage Stable* Service yd Pool Pool equip. Att. Trellis Gazebo TOTAL 4.7% 9.5% 2852 sq.ft. 807 sq.ft. 690 sq.ft. 96 sq.ft. 643 sq.ft. 56 sq.ft. 327 sq.ft. 144 sq.ft. 5,615 sq.ft 39.8 % of 11,197 sq.ft. residential building pad not inc. trellises 24.0% of 3,407 sq.ft. building pad N/A 12.2% Existing Existing Existing from Lower Blackwater Canyon Road N/A N/A PROPOSED Addition that would encroach into the side yard setback Residence Garage Stable* Service Yd. Pool Pool eq. Att.Trellis Gazebo TOTAL 4024 sq.ft 807 sq.ft 690 sq.ft. 96 sq.ft 643 sq.ft. 56 sq.ft. 899 sq.ft. 144 sq.ft. 7,359 sq.ft 6.1 % of 119,661 sq.ft. net lot area 11.1% of 119,661 sq.ft. net lot area 50.2% of 11,197 sq.ft. residential building pad not inc. trellises 24.0% of 3,407 sq.ft. building pad 44.2% None 12.2% Existing Existing Existing from Lower Blackwater Canyon Rd. Planning Commission review Planning Commission review * Applicant to submit application for conversion to storage/recreation room. Revised calculations will be provided to the Planning Commission at the next meeting. ZC No. 750 Pluimer 5 • • 4 ADJACENT PROPERTIES: FOR INFORMATION ONLY ADDRESS OWNER RESIDENCE LOT AREA**YEAR BUILT 2 Lower Blackwater Zappas 4020 1.93 1931/1959 Canyon 3 Lower Balckwater Chu 3200 2.36 1949/1953 Canyon 5 Lower Blackwater Ruzic 5167* 4.68 1997 Canyon 7 Lower Blackwater Rosen 7310 * 5.68 2001 Canyon Average 4924 3.66 1 Lower Pluimer 2,852 Existing 3.37 1940/1943/1960 Blackwater 4.024 Pronosed Canyon Rd. SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements ZC No.750 Pluimer 6 1 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 SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that 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. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage ZC No.750 7 oi Pluimer 4 • • requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance ZC No.750 Pluimer (310) 544-6222 e?oLLIn c IL[i. Commun1t o9AweiatLon 9 � of eRanefio afos (Vezc%s No. 1 PORTUGUESE BEND RD. • ROLLING HILLS, ROLLING HILLS March 10, 2008 Luis DeMoraes Envirotechno 1601 W. Centinela Avenue, Suite 160 Culver City, CA 90230 Kevin and Cathy Pluimer 1 Lower Blackwater Canyon Road Rolling Hills, CA 90274 Dear Mr. DeMoraes and Mr. and Mrs. Pluimer: CALIF. 90274 CALIFORNIA (310) 544-6766 FAX As you are aware, the RHCA Board of Directors approved your request for the road easement to be re -aligned on the portion of Lower Blackwater Canyon Road that crosses your property. The Board also approved a reduction of the road easement from 60 feet to 40 feet for the easement that crosses lot 46, the parcel where your residence is located. To proceed with the easement reduction and realignment, please have your engineer prepare the following documents: 1. The legal description and a map (on 8 'h x 11" paper) of the existing easement, these will be attached as exhibits to the legal documents for the Association to vacate the easement. 2. The legal description and a map (on 8 '/2 x 11" paper) of the new easement, in which the center of the easement is aligned with the center of Lower Blackwater Canyon Road. The easement should be 40 feet wide on lot 46 and 60 feet wide on lot 45. These documents will be attached to the documentation for the new deed of easement. Once we have received the completed legal descriptions and maps, the RHCA's legal counsel will prepare the documents to vacate the easement and to grant a new deed of easement. When the documents are completed, originals will be sent to you to be signed and n. . the related legal and recording fees. Notary services are 1) fi MAR 1. 0 200B KR/EasementReductionApproved-Pluimer 02-27-08 CITY OF ROLLING HILLS • available at no charge the RHCA office although, we recommend that you call ahead and make an appointment. If you have any questions about the Board's approval or how to complete this process, please feel welcome to contact me at the Association office. Best wishes, / evtiSl.. Kristen Raig Manager cc: Sidney Croft, RHCA Legal Counsel Yolanta Schwarz, Planning Director, City of Rolling Hills KR/EasementReductionApproved-Pluimer 02-27-08 • • *A ted4O o 50TH ANNIVERSARY 1957 - 2007 MEMORANDUM: DATE: MARCH 18, 2008 ind� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: 1 LOWER BLACKWATER CANYON ROAD, STABLE STRUCTURE Pursuant to the Rolling Hills Municipal Code, every lot where an application is submitted for development, must be either developed with a stable and corral or an area of 1,000 square feet must be set aside for a future stable and corral. There exists a structure on this lot that was originally constructed as a stable, but may not be currently used for a stable. Normally in such situations it would be required that the applicants either convert the use back to a stable use, or apply for a Conditional Use Permit for conversion of the stable to another use and set aside elsewhere on the property an area for a future stable and corral. Currently, an ad hoc committee of the Planning Commission on stables is in the process of reviewing the existing regulations for stables, city wide, and will be recommending amendments to the current regulations to possibly broaden the definition and uses of stables. Therefore, the applicants requested that the Planning Commission do not address the stable issue on their property at this time, but re -visit the stable use when the new ordinance becomes effective. The applicants agreed to conditions of approval, if their development is approved, that the stable matter be re -visited upon new regulations becoming effective and that they will be required at that time to abide by the new regulations. Staff concurs that this matter be reviewed at a later time, when and if new regulations are passed. .'® Printed on Recycled Paper eM H!L 50TH ANNIVERSARY 1957 — 2007 DATE: TO: FROM: • t C 0' - t o tnei6 ,,_ 7 4�, �ifrePJ • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 MARCH 18, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 750 1 LOWER BLACKWATER CANYON ROAD (LOT 46-RH) RA-S-1, 4.5 ACRES (GROSS) MR. AND MRS. KEVIN PLUIMER ENVIROTECHNO ARCHITECTURE FEBRUARY 9, 2008 REOUEST AND RECOMMENDATION 1. The applicants request a Site Plan Review to construct 1,172 square foot addition to an existing residence and a Variance to encroach with 62 square feet of the addition into the side yard setback. In addition, the applicant proposes to encroach with a new 158 square foot attached trellis into the side setback, which also requires a Variance. 2. It is recommended that the Planning Commission review the staff report, consider the criteria for granting a site plan review and variances, view the project and take public testimony. BACKGROUND 3. The property is zoned RAS-1 and consists of 4.5 acres gross. The net lot area for development purposes is 119,661 square feet or 2.75 acres. The lot is irregular in shape and is located at the convergence of three streets, Lower Blackwater Canyon Road, Williamsburg Lane and Middleridge Lane North. Lower Blackwater Canyon Road goes through the property and consists of a sixty -foot wide roadway easement. However, only 18-20 feet of the roadway easement is paved. The actual paved portion of the road meanders in and out of the easement and is located approximately 50 feet east (below) of the residence. 4. For calculating the net lot area, all of the roadway easements are deducted from the gross lot area, plus additional 10 feet along the entire perimeter of the parcel. With so many easements, the net lot area of this lot is considerably smaller ZC No.750 Pluimer o Printed on Recycled Paper • • than the gross lot area. The area of the lot located below the roadway is too steep for development and is less than one acre (approx. 35,900 sq.ft.). 5. The applicants submitted a request to the RHCA Board of Directors to reduce the roadway easement and to relocate the roadway easement to more closely align with the actual paved road. Recently, the Board of Directors approved the applicants' request to realign and to reduce the easement, see attached letter. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the addition would be in compliance. 6. For the purpose of determining setbacks on this property, the side yard setback is 20-feet from the Lower Blackwater Canyon roadway easement. Approximately 600 square feet of the existing house and the existing trellis are located in the 20-foot setback. The proposed additions into the setback would square off the existing encroachment. The remaining of the proposed additions, consisting of 1,112 square feet, are located mostly along the western portion of the residence, and must be reviewed under a Site Plan application. With the proposed addition, the detached garage will be connected to the residence. 7. Currently, the property is developed with 2,852 square foot residence, 807 square foot detached garage, 643 square foot swimming pool with 56 square foot equipment area, 327 square foot attached trellis, 690 square foot stable structure, service yard, barbecue, fireplace and gazebo. 8. In 1993, an application for an 8,500 square foot residence and garage was approved on the property requiring 3,800 cubic yards of cut and 3,800 cubic yards of fill. It included a Variance for locating a stable in the front yard. This project was not constructed. 9. Building records show that the house was built in 1940. It was remodeled in 1943. In 1957 an addition and a 3-car garage were constructed. In 1960 a pool and stable were constructed. In 2003 the house was re -roofed. There are no permits on file for the existing barbecue and fireplace. As part of the application, the applicant will be required to obtain building permits for the barbecue and fireplace from LA County Building and Safety Department. MUNICIPAL CODE COMPLIANCE 10. The proposed 1,172 square foot additions are located on all sides of the residence. 62 square feet of the addition and a trellis would encroach into the side yard setback. The residence would be 4,024 square feet and the garage 807 square feet. 11. 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, ZC No. 750 Pluimer however additional drain lines and area drains will be installed and a dissipater constructed to the east of the residence. 12. The existing driveway and driveway approach from Lower Blackwater Canyon Road will remain. 13. The net lot area of the lot is 119,661 square feet. The structural lot coverage proposed is 7,359 square feet or 6.1% of the net lot area. The total lot coverage proposed, including structures and flatwork is 13,239 square feet or 11.1% of the net lot area, (35% permitted). 14. There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad is 11,197 square feet and will have coverage of 5,626 square feet or 50.2%, not including the trellises. With the trellises the building pad coverage would be 58.2%. Currently, the building pad coverage without the trellis is 39.8% and including the existing trellis 42.7%. The stable pad is 3,407 square feet with coverage of 834 square feet or 24.4%. The combined building pads coverage is proposed at 44.2%. 15. The disturbed area of the lot is 14,604 square feet or 12.2% of the net lot area, which includes both building pads. 16. In response for justification for the Variance request for the encroachment with the addition into the side setback, the applicant's representative states in part that "the existing residence, patio covered trellis and barbecue area exist within the setback and further, encroach into the roadway easement. This condition existed prior to the purchase of the property by the current owners. Mr. Pluimer is currently working with the RHCA Board of Directors to reduce and relocate the easement to the center line of the existing road, which would correct the placement of the easement and eliminate any encroachment and setback issues. It is estimated that it will take considerable amount of time to process and record the easement relocation, if approved, and therefore precludes the owners to pursue their project without a Variance at this time." He further states that "the proposed addition does not interfere with any adjacent properties, is not visible from other properties and does not constitute any detriment to property or the public welfare". 17. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. CONCLUSION 18. The application calls for an addition, of which 62 square feet would encroach into the side yard setback. Currently 600 square feet of the existing residence, a trellis and barbecue area encroach into the side setback. 19. A Variance for encroachment would not be required, if the roadway easement was located further to the east and aligned with the actual road. The ZC No.750 Pluimer • • applicants submitted an application to the RHCA so that this condition may be corrected, which has been approved. 20. The shape of the lot and the configuration of the existing development on the property make it difficult to improve the lot within the allowable development standards for setbacks. The lot is steep and construction in any other area of the lot would require additional grading. 21. The Planning Commission must find that the application meets the criteria for granting of a Site Plan Review and a Variance. Some of the goals and policies of the Land Use Element of the General Plan that would be applicable to this application and should be considered by the Planning Commission include City's desire to "maintain Rolling Hills' distinctive rural residential character". Another goal is for the City "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses" and require that development conform with the City's existing low -profile, ranch style architecture". 22. The project is compatible with the surrounding properties. The roof height of the addition will align with the existing roof, which is at a maximum 15'1" from the finished floor. The lot is large, irregular in shape with a road going through it and is bounded by two additional roads. In that respect this lot is unique. OTHER AGENCIES REVIEW 23. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 24. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC No. 750 Pluimer ZONING CASE NO. 750 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 COMBINED 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.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC No.750 Pluimer EXISTING Single family residence, which encroaches into the side yard setbacks Residence Garage Stable Service yd Pool Pool equip. Att. Trellis Gazebo TOTAL 4.7% 9.5% 2852 sq.ft. 807 sq.ft. 690 sq.ft. 96 sq.ft. 643 sq.ft. 56 sq.ft. 327 sq.ft. 144 sq.ft. 5,615 sq.ft 39.8 % of 11,197 sq.ft. residential building pad not inc. trellises 24.0% of 3,407 sq.ft. building pad N/A 12.2% Existing Existing Existing from Lower Blackwater Canyon Road N/A N/A PROPOSED Addition that would encroach into the side yard setback Residence Garage Stable Service Yd. Pool Pool eq. Att.Trellis Gazebo TOTAL 4024 sq.ft 807 sq.ft 690 sq.ft. 96 sq.ft 643 sq.ft. 56 sq.ft. 899 sq.ft. 144 sq.ft. 7,359 sq.ft 6.1% of 119,661 sq.ft. net lot area 11.1 % of 119,661 sq.ft. net lot area 50.2% of 11,197 sq.ft. residential building pad not inc. trellises 24.0% of 3,407 sq.ft. building pad 44.2% None 12.2% Existing Existing Existing from Lower Blackwater Canyon Rd. Planning Commission review Planning Commission review • • ADJACENT PROPERTIES: FOR INFORMATION ONLY ADDRESS OWNER RESIDENCE LOT AREA**YEAR BUILT 2 Lower Blackwater Zappas . 4020 1.93 1931/1959 Canyon 3 Lower Balckwater Chu 3200 2.36 1949/1953 Canyon 5 Lower Blackwater Ruzic 5167* 4.68 1997 Canyon 7 Lower Blackwater Rosen 7310 * 5.68 2001 Canyon Average 4924 3.66 1 Lower Pluimer 2,852 Existing 3.37 1940/1943/1960 Blackwater 4.024 Proposed Canyon Rd. SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements 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. SITE PLAN REVIEW CRITERIA ZC No. 750 Pluimer 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that 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. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance ZC No. 750 Pluimer 7 0 (310) 544-6222 i coLLi�zC� ( c.ff J ��oj72/nw2 t1/ 7L)L O iat�o1z J of cRanclio PaL'os tEE''tc%s No. 1 PDRTUGUESE BEND RD. • ROLLING HILLS, CALIF. 90274 ROLLING HILLS March 10, 2008 Luis DeMoraes Envirotechno 1601 W. Centinela Avenue, Suite 160 Culver City, CA 90230 Kevin and Cathy Pluimer 1 Lower Blackwater Canyon Road Rolling Hills, CA 90274 Dear Mr. DeMoraes and Mr. and Mrs. Pluimer: • CALIFORNIA (31E) 544-6766 FAX As you are aware, the RHCA Board of Directors approved your request for the road easement to be re -aligned on the portion of Lower Blackwater Canyon Road that crosses your property. The Board also approved a reduction of the road easement from 60 feet to 40 feet for the easement that crosses lot 46, the parcel where your residence is located. To proceed with the easement reduction and realignment, please have your engineer prepare the following documents: 1. The legal description and a map (on 8 '/2 x 11" paper) of the existing easement, these will be attached as exhibits to the legal documents for the Association to vacate the easement. 2. The legal description and a map (on 8 ''A x 11" paper) of the new easement, in which the center of the easement is aligned with the center of Lower Blackwater Canyon Road. The easement should be 40 feet wide on lot 46 and 60 feet wide on lot 45. These documents will be attached to the documentation for the new deed of easement. Once we have received the completed legal descriptions and maps, the RHCA's legal counsel will prepare the documents to vacate the easement and to grant a new deed of easement. When the documents are completed, originals will be sent to you to be signed and n. t&r p ;vOT- rt rsj f, ,r)K the related legal and recording fees. Notary services are ;-•-•\ 1101 I ;.!§ I A) r, R 1 2008 CITY OF ROLLING HILLS o. • KR/EasementReductionApproved-Pluimer 02-27-08 available at no charge the RI-ICA office although, we recommend that you call ahead and make an appointment. If you have any questions about the Board's approval or how to complete this process, please feel welcome to contact me at the Association office. Best wishes, Kristen Raig Manager cc: Sidney Croft, RHCA Legal Counsel Yolanta Schwarz, Planning Director, City of Rolling Hills cc K R/EasementRcductionApprovcd-Pluimer 02-27-08 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 APRIL 15, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO.750✓ 1 LOWER BLACKWATER CANYON ROAD (LOT 46-RH) RA-S-1, 4.5 ACRES (GROSS) MR. AND MRS. KEVIN PLUIMER ENVIROTECHNO ARCHITECTURE FEBRUARY 9, 2008 REOUEST AND RECOMMENDATION The applicants request a Site Plan Review to construct 1,172 square foot addition to an existing residence and a Variance to encroach with 62 square feet of the addition into the side yard setback. In addition, the applicant proposes to encroach with a new 158 square foot attached trellis into the side setback, which also requires a Variance. It is recommended that the Planning Commission review the draft Resolution and adopt Resolution NO. 2008-06, with conditions. BACKGROUND 1. At the March 18, 2008 Planning Commission meeting the Commission directed staff to prepare a Resolution approving the proposed project. The vote was 4-1-0. Commissioner DeRoy was absent. 2. The attached Resolution No. 2008-06 contains standard findings of facts and conditions including conditions that any further development be reviewed by the Planning Commission, that the stable use be revisited when, and if the City makes changes to the zoning regulations pertaining to stables, that there be a minimum of 4-foot walkway around the addition and that the nonpermitted outdoor fireplace and barbecue be brought to compliance and permits obtained. ® Printed on Recycled Paper RESOLUTION NO. 2008-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 750, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46 RH), (PLUIMER). 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. Pluimer with respect to real property located at 1 Lower Blackwater Canyon Road (Lot 46-RH) requesting a Site Plan Review to construct 1,172 square foot addition to an existing residence and a Variance to encroach with 62 square feet of the addition into the side yard setback. In addition, the applicant proposes to encroach with a new 158 square foot attached trellis into the side setback, which also requires a Variance. Section 2. The lot is irregular in shape and is located at the convergence of three streets, Lower Blackwater Canyon Road, Williamsburg Lane and Middleridge Lane North. Lower Blackwater Canyon Road goes through the property and consists of a sixty -foot wide roadway easement. However, only 18-20 feet of the roadway easement is paved. The actual paved portion of the road meanders in and out of the easement and is located approximately 50 feet east (below) of the residence. Section 3. The applicants submitted a request to the RHCA Board of Directors to reduce the roadway easement and to relocate the roadway easement to more closely align with the actual paved road. Recently, the Board of Directors approved the applicants' request to realign and to reduce the easement. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the roadway easement will be relocated and the Variance would no longer be required. Section 4. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on February 19 and March 18, 2008 and at a field trip on March 18, 2008. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. Section 5. During the review process it was determined that the existing structure approved and permitted for a stable use, which is currently not used for strictly stable uses, could retain said use until such time as when the City completes its study on stables and amends the Zoning Ordinance to address stables. With a condition Reso. 2008-06 Pluimer 1 .40 contained in this Resolution, this issue will be revisited upon the completion of the Zoning Code amendment regarding stables. Section 6. 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 7. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any development requiring a grading permit or any building or structure may be constructed. With respect to the Site Plan Review for construction of a new residence the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses 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 project will conform to Zoning Code setback requirements, once the easement reduction and relocation is recorded. The net lot area of the lot is 119,661 square feet. The structural lot coverage proposed is 7,359 square feet or 6.1% of the net lot area. The total lot coverage proposed, including structures and flatwork is 13,239 square feet or 11.1% of the net lot area, (35% permitted). The proposed project is screened from the road so as to reduce the visual impact of the development. The proposed addition is located away from the area visible from the road and is in the back of the property. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot, has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed construction will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to properties in the vicinity. The proposed project will follow the pattern and style of the original residence. The construction will be between the residence and the detached garage, filling in the space between the two. D. The development plan incorporates existing trees and vegetation to the maximum extent feasible. Specifically, the development plan will supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new Reso. 2008-06 Pluimer • construction will not cause the lot to look overdeveloped and will be located on an existing pad. Significant portions of the lot will be left undeveloped. No grading is proposed with this addition and therefore no changes will be made to the natural terrain of the lot. F. The development plan preserves surrounding vegetation, and mature trees and the landscaping provides a buffer or transition area between private and public areas. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will not change the existing circulation pattern and will utilize an existing driveway. H. The project is exempt from the requirements of 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 side yard setback 20 feet from the property line. The applicant is requesting a Variance to construct 1,172 square feet of addition to the existing residence, of which 62 square feet would encroach into the side setback. In addition a trellis is proposed to be constructed and would also encroach into the side 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 side setback and the width (60-feet) and location of the roadway easement prevent further expansion, except into the setback. The Commission further finds that the configuration of the existing lot, which fronts on three streets and is very irregular in shape create a hardship to improving the property. The required side yard setback (20-feet) is located next to the roadway easement, with a portion of the existing residence and trellis already encroaching into the setback and into the roadway easement. 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. This property was developed with disregards to the location of the roadway easement. The Variance will permit the development of the property in a manner consistent with Reso. 2008-06 Pluimer 3 • • surrounding properties and the encroachment will follow the line of the current encroachment. The applicant has applied to the Rolling Hills Community Association for reduction in easement, which would remedy the encroachment of the property into the setback. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the roadway easement will be relocated and the Variance would no longer be required. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the side setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. 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. A portion of the front porch will remain unaltered and no grading will be necessary. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. The Planning Commission found that due to the topography of the lot, location -along three roadways and the road dissecting the property, there exists a hardship to developing this lot in any other manner. 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, disturbance 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 Site Plan Review and Variance in Zoning Case No. 750 to encroach with 62 square feet into the side setback with an addition, subject to the following conditions: A. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080 and 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. 2008-06 Pluimer • • 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 February 13, 2008 except as otherwise provided in these conditions. E. The property on which the project is located contains an adequate site for a stable and corral. The current use of the stable may continue, until such time as the City adopts an ordinance regarding stables. At such time the City will revisit the use of the structure, previously approved for a stable, and it will be required that the structure be brought to compliance with regulations as adopted at that time. 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 subject residence shall be placed underground. I. The existing driveway to the property shall be utilized. J. Structural lot coverage shall not exceed 7,359 square feet or 6.1% of the net lot area, in conformance with lot coverage limitations. K. The total lot coverage proposed, including structures and flatwork shall not exceed 13,239 square feet or 11.1% of the net lot area, in conformance with lot coverage limitations L. The disturbed area of the lot is 14,604 square feet or 12.2% of the net lot area, which indudes both building pads, in conformance with disturbed area limitations. M. The existing residential building pad is 11,197 square feet and will have coverage of 5,626 square feet or 50.2%, not including the trellises. With the trellises the building pad coverage would be 58.2%. The stable pad is 3,407 square feet with coverage of 834 square feet or 24.4%. The combined building pads coverage is proposed at 44.2%. N. There shall be no grading for this project. O. This project shall be reviewed and approved by RHCA. The City does not approve or recommend the design or any architectural features of the proposed addition. City staff and / or the Planning Commission shall review any deviations to Reso. 2008-06 Pluimer 5 el • • this project that the RHCA may recommend or require, which would trigger grading or change in the development standards herein approved. P. Should the County Building and Safety Department require an above ground drainage system, the system 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. Q. 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 may approve certain encroachments. R. There shall be a minimum of four (4) foot walkway around the entire perimeter of the structure. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. Should grading be required as a result of the caissons construction for the area of the pad near the addition, such grading shall be reviewed by the Planning Commission. T. The nonpermitted outdoor fireplace and barbecue shall be brought to compliance and permits obtained. U. Should new landscaping be introduced for this project, the landscaping shall include water efficient irrigation that incorporates 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. V. Prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission and that were approved by the RHCA Architectural Committee. Reso. 2008-06 Pluimer • • W. 50% of any demolition work, including roofing material and appliances, must be recycled. Verification to be submitted to staff regarding how much material was generated, show much was recycled and which facility the recycling material was taken to. X. 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. Y. 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. Z. 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. AA. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. AB. 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. AC. 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. AD. 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. AE. 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. AF. All conditions of this Site Plan and Variance approvals, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AG. 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. Reso. 2008-06 Pluimer PASSED, APPROVED AND ADOPTED THIS 15th DAY OF APRIL 2008. ROGER SOMMER CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2008-06 Pluimer 8 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 750, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46 RH), (PLUIMER). was approved and adopted at a regular meeting of the Planning Commission on April 15, 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. 2008-06 Pluimer 9 • i/e+ �✓�(✓��r of ",o u 50TH ANNIVERSARY 1957 — 2007 1110 1/4 J( Oki'0RATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item: 4C Mtg. Date: 4/28/08 DATE: APRIL 28, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION 2008-06. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 750, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46 RH), (PLUIMER). RECOMMENDATION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. REOUEST AND BACKGROUND 2. The applicants request a Site Plan Review to construct 1,172 square foot addition to an existing residence and a Variance to encroach with 62 square feet of the addition into the side yard setback. In addition, the applicant proposes to encroach with a new 158 square foot attached trellis into the side setback, which also requires a Variance. 3. The Planning Commission at their April 15, 2008 meeting adopted Resolution No. 2008-06 approving this project. The vote was 4-0-1. Commissioner DeRoy due to absence at the field trip and subsequent Planning Commission meeting. The attached Resolution No. 2008-06 contains standard findings of facts and conditions including conditions that any further development be reviewed by the Planning Commission, that the stable use be revisited when, and if the City makes changes to the zoning regulations pertaining to stables, that there be a minimum of 4-foot walkway around the addition, that the nonpermitted outdoor ZC No.750 Pluimer Punted 011 Recycled Poper • • r fireplace and barbecue be brought to compliance and permits obtained and that 50% of the construction material debris be recycled / diverted. 4. The property is zoned RAS-1 and consists of 4.5 acres gross. The net lot area for development purposes is 119,661 square feet or 2.75 acres. The lot is irregular in shape and is located at the convergence of three streets, Lower Blackwater Canyon Road, Williamsburg Lane and Middleridge Lane North. Lower Blackwater Canyon Road goes through the property and consists of a sixty -foot wide roadway easement. However, only 18-20 feet of the roadway easement is paved. The actual paved portion of the road meanders in and out of the easement and is located approximately 50 feet east (below) of the residence. 5. For calculating the net lot area, all of the roadway easements are deducted from the gross lot area, plus additional 10 feet along the entire perimeter of the parcel. With so many easements, the net lot area of this lot is considerably smaller than the gross lot area. The area of the lot located below the roadway is too steep for development and is less than one acre (approx. 35,900 sq.ft.). 6. The applicants submitted a request to the RHCA Board of Directors to reduce the roadway easement and to relocate the roadway easement to more closely align with the actual paved road. Recently, the Board of Directors approved the applicants' request to realign and to reduce the easement, see attached letter. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the addition would be in compliance with the setback requirements. 7. For the purpose of determining setbacks on this property, the side yard setback is 20-feet from the Lower Blackwater Canyon roadway easement. Approximately 600 square feet of the existing house and the existing trellis are located in the 20-foot setback. The proposed additions into the setback would square off the existing encroachment. The remaining of the proposed additions, consisting of 1,112 square feet, are located mostly along the western portion of the residence, and must be reviewed under a Site Plan application. With the proposed addition, the detached garage will be connected to the residence. 8. Currently, the property is developed with 2,852 square foot residence, 807 square foot detached garage, 643 square foot swimming pool with 56 square foot equipment area, 327 square foot attached trellis, 690 square foot stable structure, service yard, barbecue, fireplace and gazebo. 9. In 1993, an application for an 8,500 square foot residence and garage was approved on the property requiring 3,800 cubic yards of cut and 3,800 cubic yards of fill. It included a Variance for locating a stable in the front yard. This project was not constructed. 10. Building records show that the house was built in 1940. It was remodeled in 1943. In 1957 an addition and a 3-car garage were constructed. In 1960 a pool and ZC No.750 2 Pluimer • • stable were constructed. In 2003 the house was re -roofed. There are no permits on file for the existing barbecue and fireplace. As part of the application, the applicant will be required to obtain building permits for the barbecue and fireplace from LA County Building and Safety Department. MUNICIPAL CODE COMPLIANCE 11. The proposed 1,172 square foot additions are located on all sides of the residence. 62 square feet of the addition and a trellis would encroach into the side yard setback. The residence would be 4,024 square feet and the garage 807 square feet. 12. 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, however additional drain lines and area drains will be installed and a dissipater constructed to the east of the residence. 13. The existing driveway and driveway approach from Lower Blackwater Canyon Road will remain. 14. The net lot area of the lot is 119,661 square feet. The structural lot coverage proposed is 7,359 square feet or 6.1% of the net lot area. The total lot coverage proposed, including structures and flatwork is 13,239 square feet or 11.1% of the net lot area, (35% permitted). 15. There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad is 11,197 square feet and will have coverage of 5,626 square feet or 50.2%, not including the trellises. With the trellises the building pad coverage would be 58.2%. Currently, the building pad coverage without the trellis is 39.8% and including the existing trellis 42.7%. The stable pad is 3,407 square feet with coverage of 834 square feet or 24.4%. The combined building pads coverage is proposed at 44.2%. 16. The disturbed area of the lot is 14,604 square feet or 12.2% of the net lot area,, which includes both building pads. 17. In response for justification for the Variance request for the encroachment with the addition into the side setback, the applicant's representative states in part that "the existing residence, patio covered trellis and barbecue area exist within the setback and further, encroach into the roadway easement. This condition existed prior to the purchase of the property by the current owners. Mr. Pluimer is currently working with the RHCA Board of Directors to reduce and relocate the easement to the centerline of the existing road, which would correct the placement of the easement and eliminate any encroachment and setback issues. The request was approved by the RHCA Board. It is estimated that it will take considerable amount of time to process and record the easement relocation, and therefore precludes the owners to pursue their project without a Variance at this time." He further states that "the proposed addition does not interfere with any adjacent ZC No.750 Pluimer 3 • properties, is not visible from other properties and does not constitute any detriment to property or the public welfare". 18. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. 19. Pursuant to the Rolling Hills Municipal Code, every lot where an application is submitted for development, must be either developed with a stable and corral or a suitable area of 1,000 square feet be set aside for a future stable and corral. There exists a structure on this lot that was originally constructed as a stable, but may not be currently used as a stable. Normally, in such situations it would be required that the applicants either convert the use back to a stable use, or apply for a Conditional Use Permit for conversion of the stable to another use and set aside elsewhere on the property an area suitable for a future stable and corral. Currently, the Planning Commission is in the process of reviewing the existing regulations for stables, city wide, and will be recommending amendments to the current regulations to possibly broaden the definition and uses of stables. Therefore, the applicants requested that the Planning Commission not address the stable issue on their property at this time, but re -visit the stable use when the new regulations become effective. The applicants agreed to a condition in their approval that the stable matter be re- visited upon new regulations becoming effective and that they will be required to abide by the new regulations. The Planning Commission concurred in this matter, and included a condition that the stable use be reviewed at a later time. CONCLUSION 20. The application calls for an addition, of which 62 square feet would encroach into the side yard setback. Currently 600 square feet of the existing residence, a trellis and barbecue area encroach into the side setback. 21. A Variance for encroachment would not be required, if the roadway easement was located further to the east and aligned with the actual road. The applicants submitted an application to the RHCA so that this condition may be corrected, which has been approved. 22. The shape of the lot and the configuration of the existing development on the property make it difficult to improve the lot within the allowable development standards for setbacks. The lot is steep and construction in any other area of the lot would require additional grading. ZC No.750 Pluimer 4 �� • • 23. The Planning Commission found that the application meets the criteria for granting of a Site Plan Review and a Variance. Some of the goals and policies of the Land Use Element of the General Plan that would be applicable to this application and were considered by the Planning Commission include City's desire to "maintain Rolling Hills' distinctive rural residential character". Another goal is for the City "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses "and require that development conform with the City's existing low -profile, ranch style architecture". 24. The project is compatible with the surrounding properties. The roof height of the addition will align with the existing roof, which is at a maximum 15'1" from the finished floor. The lot is large, irregular in shape with a road going through it and is bounded by two additional roads. In that respect this lot is unique. OTHER AGENCIES REVIEW 25. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 26. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC No.750 Pluimer 5 ZONING CASE NO. 750 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 COMBINED 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 so. ft.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC No.750 Pluimer EXISTING Single family residence, which encroaches into the side yard setbacks Residence Garage Stable Service yd Pool Pool equip. Att. Trellis Gazebo TOTAL 4.7% 9.5% 2852 sq.ft. 807 sq.ft. 690 sq.ft. 96 sq.ft. 643 sq.ft. 56 sq.ft. 327 sq.ft. 144 sq.ft. 5,615 sq.ft 39.8 % of 11,197 sq.ft. residential building pad not inc. trellises 24.0% of 3,407 sq.ft. building pad N/A 12.2°Io Existing Existing Existing from Lower Blackwater Canyon Road N/A N/A PROPOSED Addition that would encroach into the side yard setback Residence 4024 sq.ft Garage 807 sq.ft Stable 690 sq.ft. Service Yd. 96 sq.ft Pool 643 sq.ft. Pool eq. 56 sq.ft. Att.Trellis 899 sq.ft. Gazebo 144 sq.ft. TOTAL 7,359 sq.ft 6.1% of 119,661 sq.ft. net lot area 11.1% of 119,661 sq.ft. net lot area 50.2% of 11,197 sq.ft. residential building pad not inc. trellises 24.0% of 3,407 sq.ft. building pad 44.2% None 12.2% Existing Existing Existing from Lower Blackwater Canyon Rd. Planning Commission condition Planning Commission condition ADJACENT PROPERTIES: FOR INFORMATION ONLY ADDRESS OWNER RESIDENCE LOT AREA**YEAR BUILT 2 Lower Blackwater Zappas 4020 1.93 1931/1959 Canyon 3 Lower Blackwater Chu 3200 2.36 1949/1953 Canyon 5 Lower Blackwater Ruzic 5167* 4.68 1997. Canyon 7 Lower Blackwater Rosen 7310 * 5.68 2001 Canyon Average 4924 3.66 1 1 Lower Pluimer 2,852 Existing 3.37 1940/1943/1960 Blackwater 4,024 Proposed Canyon Rd. SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements CRITERIA FOR VARIANCES 17..38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. ZC No.750 Pluimer SITE PLAN REVIEW CRITERIA 17.46.010 Purpose. The site plan review process is established to provide discretionary review of certain development projects in the City for the purposes of ensuring that 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. 17.46.050 Required findings. A. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. B. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. SOURCE: City of Rolling Hills Zoning Ordinance ZC No. 750 Pluimer 8 (310) 544-6222 I op ?oL'1 n9 GYILL. (o»2inun1E9 o /i ocia.tioJ2 Of JRa,zci::o ifzeos, a/Ezdes NO. 1 PORTUGUESE BEND RD. • ROLLING HILLS, CALIF. 90274 ROLLING HILLS March 10, 2008 Luis DeMoraes Envirotechno 1601 W. Centinela Avenue, Suite 160 Culver City, CA 90230 Kevin and Cathy Pluimer 1 Lower Blackwater Canyon Road Rolling Hills, CA 90274 Dear Mr. DeMoraes and Mr. and Mrs. Pluimer: • CALIFORNIA J 1310) 544-6766 FAX As you are aware, the RHCA Board of Directors approved your request for the road easement to be re -aligned on the portion of Lower Blackwater Canyon Road that crosses your property. The Board also approved a reduction of the road easement from 60 feet to 40 feet for the easement that crosses lot 46, the parcel where your residence is located. To proceed with the easement reduction and realignment, please have your engineer prepare the following documents: 1. The legal description and a map (on 8 ''A x 11" paper) of the existing easement, these will be attached as exhibits to the legal documents for the Association to vacate the easement. 2. The legal description and a map (on 8 '/A x 1 1 " paper) of the new easement, in which the center of the easement is aligned with the center of Lower Blackwater Canyon Road. The easement should be 40 feet wide on lot 46 and 60 feet wide on lot 45. These documents will be attached to the documentation for the new deed of easement. Once we have received the completed legal descriptions and maps, the RHCA's legal counsel will prepare the documents to vacate the easement and to grant a new deed of easement. When the documents are completed, originals will be sent to you to be signed and nq,Ft r �vt�rt#r;ar ci ? : the related legal and recording fees. Notary services are MAR . 2088 KR/EasementReductionApproved-Pluimer (12-27-08' CITY OF ROLLING HILLS available at no charge the RHCA office although, we recommend that you call ahead and make an appointment. If you have any questions about the Board's approval or how to complete this process, please feel welcome to contact me at the Association office. Best wishes, 4(AS: C4:)' Kristen Raig Manager cc: Sidney Croft, RHCA Legal Counsel Yolanta Schwarz, Planning Director, City of Rolling Hills KR/EascmentRcductionApprovcd-Pluimcr 02-27-08 RESOLUTION NO. 2008-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 750, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46 RH), (PLUIMER). 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. Pluimer with respect to real property located at 1 Lower Blackwater Canyon Road (Lot 46-RH) requesting a Site Plan Review to construct 1,172 square foot addition to an existing residence and a Variance to encroach with 62 square feet of the addition into the side yard setback. In addition, the applicant proposes to encroach with a new 158 square foot attached trellis into the side setback, which also requires a Variance. Section 2. The lot is irregular in shape and is located at the convergence of three streets, Lower Blackwater Canyon Road, Williamsburg Lane and Middleridge Lane North. Lower Blackwater Canyon Road goes through the property and consists of a sixty -foot wide roadway easement. However, only 18-20 feet of the roadway easement is paved. The actual paved portion of the road meanders in and out of the easement and is located approximately 50 feet east (below) of the residence. Section 3. The applicants submitted a request to the RHCA Board of Directors to reduce the roadway easement and to relocate the roadway easement to more closely align with the actual paved road. Recently, the Board of Directors approved the applicants' request to realign and to reduce the easement. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the roadway easement will be relocated and the Variance would no longer be required. Section 4. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on February 19 and March 18, 2008 and at a field trip on March 18, 2008. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. Section 5. During the review process it was determined that the existing structure approved and permitted for a stable use, which is currently not used for strictly stable uses, could retain said use until such time as when the City completes its study on stables and amends the Zoning Ordinance to address stables. With a condition contained in this Resolution, this issue will be revisited upon the completion of the Zoning Code amendment regarding stables. Reso. 2008-06 Pluimer Section 6. 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 7. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any development requiring a grading permit or any building or structure may be constructed. With respect to the Site Plan Review for construction of a new residence the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses 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 project will conform to Zoning Code setback requirements, once the easement reduction and relocation is recorded. The net lot area of the lot is 119,661 square feet. The structural lot coverage proposed is 7,359 square feet or 6.1% of the net lot area. The total lot coverage proposed, including structures and flatwork is 13,239 square feet or 11.1% of the net lot area, (35% permitted). The proposed project is screened from the road so as to reduce the visual impact of the development. The proposed addition is located away from the area visible from the road and is in the back of the property. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot, has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed construction will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to properties in the vicinity. The proposed project will follow the pattern and style of the original residence. The construction will be between the residence and the detached garage, filling in the space between the two. D. The development plan incorporates existing trees and vegetation to the maximum extent feasible. Specifically, the development plan will supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new construction will not cause the lot to look overdeveloped and will be located on an existing pad. Significant portions of the lot will be left undeveloped. No grading is Reso. 2008-06 Pluimer 2 IZ proposed with this addition and therefore no changes will be made to the natural terrain of the lot. F. The development plan preserves surrounding vegetation and mature trees and the landscaping provides a buffer or transition area between private and public areas. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehides because the proposed project will not change the existing circulation pattern and will utilize an existing driveway. H. The project is exempt from the requirements of 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 side yard setback 20 feet from the property line. The applicant is requesting a Variance to construct 1,172 square feet of addition to the existing residence, of which 62 square feet would encroach into the side setback. In addition a trellis is proposed to be constructed and would also encroach into the side 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 side setback and the width (60-feet) and location of the roadway easement prevent further expansion, except into the setback. The Commission further finds that the configuration of the existing lot, which fronts on three streets and is very irregular in shape create a hardship to improving the property. The required side yard setback (20-feet) is located next to the roadway easement, with a portion of the existing residence and trellis already encroaching into the setback and into the roadway easement. 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. This property was developed with disregards to the location of the roadway easement. The Variance will permit the development of the property in a manner consistent with surrounding properties and the encroachment will follow the line of the current encroachment. The applicant has applied to the Rolling Hills Community Association Reso. 2008-06 3 Ei Pluimer for reduction in easement, which would remedy the encroachment of the property into the setback. The process to reduce and to realign the roadway easement takes considerable amount of time, and the applicants would like to move the project along, and therefore a Variance is requested at this time. However, once the easement documents are prepared and recorded, the roadway easement will be relocated and the Variance would no longer be required. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the side setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. 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. A portion of the front porch will remain unaltered and no grading will be necessary. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. The Planning Commission found that due to the topography of the lot, location -along three roadways and the road dissecting the property, there exists a hardship to developing this lot in any other manner. 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, disturbance 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 Site Plan Review and Variance in Zoning Case No. 750 to encroach with 62 square feet into the side setback with an addition, subject to the following conditions: A. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080 and 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. 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 Reso. 2008-06 Pluimer 4 Of 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 February 13, 2008 except as otherwise provided in these conditions. E. The property on which the project is located contains an adequate site for a stable and corral. The current use of the stable may continue, until such time as the City adopts an ordinance regarding stables. At such time the City will revisit the use of the structure, previously approved for a stable, and it will be required that the structure be brought to compliance with regulations as adopted at that time. 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 subject residence shall be placed underground. I. The existing driveway to the property shall be utilized. J. Structural lot coverage shall not exceed 7,359 square feet or 6.1% of the net lot area, in conformance with lot coverage limitations. K. The total lot coverage proposed, including structures and flatwork shall not exceed 13,239 square feet or 11.1% of the net lot area, in conformance with lot coverage limitations L. The disturbed area of the lot is 14,604 square feet or 12.2% of the net lot area, which includes both building pads, in conformance with disturbed area limitations. M. The existing residential building pad is 11,197 square feet and will have coverage of 5,626 square feet or 50.2%, not including the trellises. With the trellises the building pad coverage would be 58.2%. The stable pad is 3,407 square feet with coverage of 834 square feet or 24.4%. The combined building pads coverage is proposed at 44.2%. N. There shall be no grading for this project. O. This project shall be reviewed and approved by RHCA. The City does not approve or recommend the design or any architectural features of the proposed addition. City staff and / or the Planning Commission shall review any deviations to this project that the RHCA may recommend or require, which would trigger grading or change in the development standards herein approved. Reso. 2008-06 Pluimer • • P. Should the County Building and Safety Department require an above ground drainage system, the system 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. Q. Perimeter easements and trails, induding 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 may approve certain encroachments. R. There shall be a minimum of four (4) foot walkway around the entire perimeter of the structure. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. Should grading be required as a result of the caissons construction for the area of the pad near the addition, such grading shall be reviewed by the Planning Commission. T. The nonpermitted outdoor fireplace and barbecue shall be brought to compliance and permits obtained. U. Should new landscaping be introduced for this project, the landscaping shall include water efficient irrigation that incorporates 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. V. Prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission and that were approved by the RHCA Architectural Committee. W. 50% of any demolition work, including roofing material and appliances, must be recycled. Verification to be submitted to staff regarding how much material was generated, show much was recycled and which facility the recycling material was taken to. Reso. 2008-06 Pluimer 6 l'� • • X. 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. Y. 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. Z. 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. AA. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. AB. 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. AC. 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. AD. 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. AE. 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. AF. All conditions of this Site Plan and Variance approvals, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AG. 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. Reso. 2008-06 Pluimer PASSED, APPROVED AND ADOPTED THIS 15th DAY OF APRIL 2008. i% ROGERISOMMER CHAIRMAN ATTEST: MARILYN KRN, DEPUTY CITY CLERK Reso. 2008-06 8 Pluimer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 750, AT 1 LOWER BLACKWATER CANYON ROAD, (LOT 46 RH), (PLUIMER). was approved and adopted at a regular meeting of the Planning Commission on April 15, 2008 by the following roll call vote: AYES: Commissioners Smith, Witte, Vice Chairman Henke and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: Commissioner DeRoy. and in compliance with the laws of California was posted at the following: Administrative Offices. 0 DEPUTY CITY CLERK Reso. 2008-06 Pluimer o 03