948, Construct a parking pad within, Resolutions & Approval Conditions• •
RESOLUTION NO. 2019-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL FOR VARIANCES TO CREATE A PARKING PAD
WITHIN 30 FEET OF THE ROADWAY EASEMENT AND CONSTRUCT A TRASH
ENCLOSURE WITHIN THE FRONT YARD SETBACK IN ZONING CASE NO. 948 AT
15 GEORGEFF ROAD, LOT 29-GF, (LAURA HATCH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by the property owner Laura Hatch
with respect to real property located at 15 Georgeff Road, Rolling Hills (Lot 29-GF)
requesting Variances allowing creation of a parking pad within 30 feet of the roadway
easement and construction of a new trash enclosure encroaching into the front yard
setback. The applicant also applied for other miscellaneous improvements not subject to
discretionary review.
Section 2. The Planning Commission conducted a duly noticed public hearing
on October 23, 2018 by opening the public hearing to enable brief public testimony and
continuing the meeting to the field trip meeting of the Planning Commission on
December 12, 2018. The hearing was then ; continued to the evening Planning
Commission held that same day. At evening meeting, the Planning Commission
provided direction to staff to prepare a resolution of approval for the proposed project.
Neighbors within a 1,000-foot radius were notified of the public hearing and a
notice was published in the Peninsula News on October 11, 2018. The applicants and
their agents were notified of the public hearings and the applicants and agents were in
attendance at the hearings. Evidence was presented by persons interested in affecting
said proposal and by members of the City staff to the Planning Commission. There
were no objections to the proposed project.
Section 3. The property is zoned RAS-1 and the gross lot area is 1.18 acres.
The net lot area is 37,338 square feet or approximately 0.86 acres. The existing property
is currently improved with an existing 3,753 square foot house with a 778 square foot
attached garage, a 677 square foot swimming pool & spa, and a 240 square foot stable.
Section 4. The Planning Commission finds that the project is categorically
exempt from the California Environmental Quality Action (CEQA) guidelines.
Section 5. Variances. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of Variances granting relief from the standards and
Resolution No. 2019-01 1
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requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. Variances from the requirements of Section 17.16.150 (no parking within 30 feet
of a roadway easement), and Section 17.16.110 (structures cannot be located in the front
setback), of the Zoning Ordinance is required. With respect to the aforementioned
request for variances, the Planning Commission finds as follows:
A. There are exceptional or extraordinary circumstances and conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone.
The natural slope of the subject property, the location of the building pad, the
placement of easements, and the shape of the lot constrain space where the parking pad
can be located. There is a bridal trail along the side easement which prevents vehicular
traffic from accessing the rear portion of the property. The property owners have
several adult children who drive cars and a short driveway. The constant pulling of cars
on and off the driveway is a road hazard since the property is located near the
intersection of two streets. The property owners are looking to lessen the number of
times cars need to be moved.
Also, the lot is oddly shaped so the area within the setbacks is extensive which impacts
the relocated trash enclosure. The owner is reducing the size of the trash enclosure and
chose the proposed location based on its close proximity to the kitchen, where most of
the households regular trash is generated, and allows for greater space for cars on the
newly created parking pad.
B. The variances are necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone
but which is denied to the property in question.
The variance to allow the parking pad within thirty feet of the roadway easement is
necessary to the preservation of the Applicant's property right since the topography
confines the development of a parking pad to the front portion of the property. Further,
the property has a shortened driveway so regular outdoor parking is challenging. Many
of the other properties in the RAS-1 zone in the City have the ability to park several cars
on their driveway without impeding access to their garage and while being outside of
the 50 feet of the roadway easement. To deny the proposed parking pad would be to
deny the property owners of this same privilege.
Resolution No. 2019-01 2
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The trash enclosure encroaching into the front yard setback is necessary to the
preservation of the Applicant's property right since the residence has an legal
nonconforming condition whereby the house is also already encroaching into the front
yard setback and is constructed near the side yard setback leaving little room for a trash
enclosure. The current location of the trash enclosure is an existing legal non-
conforming condition where it is located in the front yard setback. The new location is
moving the trash enclosure to a less prominent location visibly to the roadway
easement and allows for sufficient space for the newly proposed parking pad.
C. The granting of the variances would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity.
The variance to allow a portion of the reduced in size trash enclosure to encroach
into the front yard setback would not be materially detrimental to the public welfare
nor injurious to the properties in the vicinity because the enclosure will appear to be
part of the house and is farther away from the roadway easement. It is an improvement
to the condition of the property because it will be less visible and smaller.
The variance to allow the parking pad within thirty feet of the roadway easement
would not be materially detrimental to the public welfare nor injurious to the properties
in the vicinity because it limits the number of times a car is pulled into and out of a
driveway onto the roadway easement. Currently, the property owners are required to
move their car any time another driver in the house wishes to exit from the property.
This increases the number of times cars are pulled out of the driveway onto the
roadway easement therefore increasing the number of opportunities for a collision. The
parking pad would reduce this condition and would result in only the driver who is
exiting the property utilizing the driveway to enter the roadway easement thus
enhancing road safety.
D. In granting the variances, the spirit and intent of the Zoning Ordinance
will be observed.
The variance to allow a portion of the trash enclosure to encroach into the front
yard setback observes the spirit and intent of the Zoning Ordinance because it will
make the property more cohesive with the rural character of the neighborhood by
reducing traffic on the local street. The trash enclosure is orderly and attractive and
enhance the aesthetic nature of the home. The encroachment is minimal compared to
the overall development of the lot and will not affect the rural character of the
community. The residence was also built into the front yard setback. Thus, almost any
change to development of the property would require encroachment into a setback as
Resolution No. 2019-01 3
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the residence is presently located in the setback. Also, the existing trash enclosure is
already located in the front setback.
The variance to allow a parking pad within thirty feet of the roadway easement
observes the spirit and intent of the Zoning Ordinance because it is orderly and
attractive and enhances the aesthetic nature of the home through enhanced
landscaping. The encroachment is minimal compared to the overall development of the
lot and will not affect the rural character of the community. The parking pad, together
with the rehabilitated driveway will have a pervious surface, such as grasscrete,
therefore softening and improving the aesthetics of the driveway. Pervious surfaces aid
in storm water infiltration and are encouraged to be used on driveways as a storm
water Best Management Practice.
E. The variances will not grant special privilege to the applicant.
The variance to allow a portion of the trash enclosure to encroach into front yard
setback will not grant a special privilege to the appliance because the trash enclosure is
a permitted and required residential use of the property. Additionally, many properties
in the area were constructed prior to 1981, when the front yard setback requirements
changed from 30 feet to 50 feet and, therefore also encroach into the currently required
50-foot front yard setback. The size of the trash enclosure is smaller than or similar to
other remodeled and new residences in the area.
The variance to allow a parking pad within thirty feet of the roadway easement
will not grant a special privilege to the Applicant because it will allow the Applicant to
have better use of the driveway on the property consistent with how other residents are
able to use their driveways, solely for egress and ingress.
F. The variances are consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities. The project site is not listed on the current State of California
Hazardous Waste and Substances Sites List. It will not affect any existing hazardous
waste management facilities.
G. The variances are consistent with the General Plan of the City of Rolling
Hills.
The variance to allow a portion of the trash enclosure to encroach into front yard
setback is consistent with the General Plan's requirement of low profile, low -density
residential development with sufficient open space between surrounding structures.
The trash enclosure does not increase density and is actually a reduction in size from
Resolution No. 2019-01 4
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the existing trash enclosure. Even though the trash enclosure extends into the setback
area, there is still sufficient space in the setback to buffer the property's residential use
from other neighboring residences.
The variance to allow a parking pad within thirty feet of the roadway easement
is consistent with the General Plan. Even though the parking may be visible to
properties directly adjacent to the property, there is still sufficient space and
landscaping in the setback to buffer the parking pad from other neighboring residences.
These improvements will also allow the property owner to make greater use of the
driveway. The parking pad, together with the rehabilitated driveway will have a
pervious surface, such as grasscrete, therefore softening and improving the aesthetics of
the driveway. Pervious surfaces aid in storm water infiltration and are encouraged to be
used on driveways as a storm water Best Management Practice.
Section 6. Based upon the foregoing findings, and the evidence in the record,
the Planning Commission hereby approves Applicant's requests in Zoning Case No.
948 for Variances allowing creation of a parking pad within the 30' roadway easement
and a new trash enclosure to encroach into the front yard setback subject to the
following conditions:
A. This approval shall expire within two years from the effective date of
approval unless the approval granted is otherwise extended pursuant to the
requirements of RHMC Section 17.38.070.
B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed, if
any, on the subject property shall immediately cease, other than work determined by
the City Manager or his/her designee required to cure the violation. The stop work
order will be lifted once the Applicant cures the violation to the satisfaction of the City
Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City Council.
The hearing shall be scheduled at the next regular meeting of the City Council for
which the agenda has not yet been posted, the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation of
this Resolution has occurred. If the Council determines that a violation has not occurred
or has been cured by the time of the hearing, the Council will lift the stop work order. If
the Council determines that a violation has occurred and has not yet been cured, the
Council shall provide the Applicant with a deadline to cure the violation; no
Resolution No. 2019-01 5
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construction work shall be performed on the property until and unless the violation is
cured by the deadline, other than work designated by the Council to accomplish the
cure. If the violation is not cured by the deadline, the Council may either extend the
deadline at the Applicant's request or schedule a hearing for the revocation of the
entitlements granted by this Resolution pursuant to Chapter 17.58 of the RHMC.
C. All requirements of the Building 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 received on January 3, 2019, except as otherwise provided in
these conditions. The working drawings submitted to the Department of Building and
Safety for plan check review shall conform to the approved development plan. All
conditions of the Variance approvals shall be incorporated into the building permit
working drawings, and where applicable complied with prior to issuance of a grading
or building permit from the building department. The conditions of approval of this
Resolution shall be printed onto building plans submitted to the Building Department
for review and shall be kept on site at all times.
Any modifications and/or changes to the approved project, including resulting from
field conditions, shall be discussed and approved by staff prior to implementing the
changes.
E. Prior to submittal of final working drawings to Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission.
F. A licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall
execute a Certificate of Construction stating that the project will be constructed
according to this Resolution and any plans approved therewith.
G. Structural lot coverage of the lot shall not exceed 6,547 square feet or
17.53% of the net lot area, in conformance with lot coverage limitations (20% maximum)
Resolution No. 2019-01 6
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(without deductions). The structural coverage on the residential building pad shall not
exceed 6,665 square feet or 83.9% (30%max)(without deductions).
The total lot coverage proposed, including structures and flatwork, shall not
exceed 12,303 square feet or 32.95%, of the net lot area, in conformance with lot
coverage limitations (35% max)(without deductions).
H. The overall grading for the project shall not exceed 51 cubic yards total
with no dirt export. The disturbed area of the lot, shall not exceed 39.74%.
I. The surface of the parking pad and the rehabilitated driveway shall
consist of pervious paving, such grasscrete or similar materials.
J. The occupants of the subject property shall not, at any time, place, store or
park recreational vehicles in the parking pad area nor use the area for any other type of
outdoor storage.
The wall surrounding the trash enclosure shall not exceed 6' in height.
L. The applicant shall enhance the existing landscaping on the property to
adequately screen the parking pad and the trash enclosure from neighboring properties
to the satisfaction of City staff and the Fire Department.
M. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on
said property.
N. If any improvements are made to the residence or the garage, and if
applicable, all utility lines to the structures shall be placed underground, subject to all
applicable standards and requirements.
O. A drainage plan, if required by the Building Department, shall be
prepared and the plan approved by City Staff prior to issuance of a construction permit.
Such plan shall be subject to LA County Code requirements.
P. If applicable, the new landscaping shall be subject to the requirements of
the City's Water Efficient Landscape Ordinance (Chapter 13.18of the RHMC).
Q. The setback lines and roadway easement lines in the vicinity of the
construction for this project shall remain marked throughout the construction.
Resolution No. 2019-01 7
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The silhouette (story poles) shall be taken down and removed from the
property immediately upon completion of the review process of the project.
R. A construction fence may be allowed or may be required by the City or
the Building Department staff for the duration of the construction of the project. City
staff shall approve the location and height of the fence. The construction fence shall not
be placed more than 15 calendar days prior to commencement of the construction and
shall be removed within 15 calendar days of substantial completion of the project as
determined by City staff or at any given time at the discretion of City staff.
S. Minimum of 65% of any construction materials must be recycled or
diverted from landfills. The hauler of the materials shall obtain City's Construction and
Demolition permits for waste hauling prior to start of work and provide proper
documentation to the City.
T. During construction, conformance with the air quality management district
requirements, 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, and objectionable odors shall be required.
U. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of
7 AM and 6 PM, Monday through Saturday, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
V. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions can
be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_def inition
s#FIRE.
It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions. Should a red flag warning be declared and if
work is to be conducted on the property, the contractor shall have readily available fire
distinguisher.
W. 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) requirements related to solid waste, drainage and storm water
Resolution No. 2019-01 8
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drainage facilities management. Further, if applicable, the property owners shall be
required to conform to the County Health Department requirements for a septic system.
X. Prior to finalizing the project an "as constructed" set of plans and
certifications, shall be provided to the Planning Department and the Building
Department to ascertain that the completed project is in compliance with the approved
plans. In addition, any modifications made to the project during construction, shall be
depicted on the "as built" plan.
Y. Construction vehicles or equipment, employees vehicles, delivery trucks
shall not impede any traffic lanes to the maximum extend practical; and if necessary to
block traffic in order to aid in the construction, no more than a single lane may be
blocked for a short period of time and flagmen utilized on both sides of the impeded
area to direct traffic.
Z. The applicant must screen the parking pad by maintaining adequate
landscaping to screen, it from neighbors and any new trees or shrubs, shall not at any
time during growth be higher than the ridgeline of the existing ridgeline of the
residence.
AA. The applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The
affidavit shall be recorded together with the resolution.
AB. The property on which the project is located shall maintain an area of
minimum of 1,000 square feet to provide an area meeting all standards for a future
stable (450 square feet) and corral (550 square feet) with access thereto.
AC. Prior to any demolition of the existing structures associated with the
project, an investigation shall be conducted for the presence of hazardous chemicals,
lead -based paints or products, mercury and asbestos -containing materials (ACMs). If
hazardous chemicals, lead -based paints or products, mercury or ACMs are identified,
remediation shall be undertaken in compliance with California environmental
regulations and policies.
AD. Perimeter easements, including roadway easements and trails, if any, shall
remain free and clear of any improvements to advance equestrian use and emergency
preparedness within the City. Where RHCA has demonstrated authority over the
easement, the City's Planning Director may grant relief from this condition upon
satisfactory proof of permission from RHCA and a legitimate showing that there is no
need for the condition to advance equestrian uses and emergency preparedness.
Resolution No. 2019-01 9
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF JANUARY 2019.
BRAD CHELF, CHAIRMAN
ATTEST:
YVETTE HALL, CITY CLERK
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.
Resolution No. 2019-01 10
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2019-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL FOR VARIANCES TO CREATE A PARKING PAD
WITHIN 30 FEET OF THE ROADWAY EASEMENT AND CONSTRUCT A TRASH
ENCLOSURE WITHIN THE FRONT YARD SETBACK IN ZONING CASE NO. 948 AT
15 GEORGEFF ROAD, LOT 29-GF, (LAURA HATCH).
was approved and adopted at a regular meeting of the Planning Commission on
January 15, 2019 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.
YVETTE HALL, CITY CLERK
Resolution No. 2019-01 11