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839, 83 sq ft addition to existing , Staff Reports&t Ra&'(//9 qice4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No. 4A Mtg. Date: 09/09/13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THRU: STEVE BURRELL, INTERIM CITY MANAGER SUBJECT: RESOLUTION NO. 2013-13. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). RECOMMENDATION AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicant, Mr. Beilke, requests a Variance to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located within the footprint of the existing residence which encroaches the same distance into the setbacks. In addition, an 83 square foot addition to the first story is proposed. 476 cubic yards of dirt from excavation of the basement is proposed to be exported. The property has a condition that any further development must be reviewed by the Planning Commission. ZC NO. 840 3. The Planning Commission approved the project 3-0-1-1 vote, with Commissioner Smith recused due to proximity of her property to subject property and Chairman Chelf was absent. The Planning Commission found that the project will be located in a very inconspicuous area of the residence, entirely under the footprint of the house and that the encroachments are minimal and the same as the current house encroachments. 4. Attached is a Resolution with standard findings and facts, including conditions specific to this project as follows: • Any further development on the property or modification to this project must be reviewed and approved by the Planning Commission. • Access to the construction site must be taken over the project property and shall not encroach onto adjacent properties. • A construction fence shall be erected; and if located in the easement it must be approved by the RHCA. BACKGROUND 5. The Planning Commission in 2006 approved 1,165 square foot addition to the residence, of which 96 square foot encroached into the south side yard setback and in October 2007 the Planning Commission, after revisions to the project were made and the City Council remanded the project back to the Commission, approved a Site Plan Review and a Variance for swimming pool, outdoor barbeque area, and exceedance of the maximum permitted disturbed area to create a 3,240 square foot pad area for a lawn and play area on the lower portion of the lot. 6. The property is zoned RAS-1 and consists of 1.14 acres gross (49,658 square feet) and 37,120 square feet net lot area for development purposes. The property is developed with 3,624 square foot residence with 572 square foot garage, 655 square foot swimming pool, 330 square feet porches, barbeque area, pool equipment area and service yard. A stable and corral (currently play area) are located on the lot. With the 83 square foot addition the residence would be 3,707 square feet. 7. No grading is required and the project would be located on the existing building pad, which was previously disturbed. The encroachment with the basement is proposed under the existing encroachment of the residence at the opposite side of the house from the previously approved addition in setback. 8. The RHCA Architectural Committee approved the addition and basement. 9. Several residents were present at the Planning Commission field trip. The adjacent neighbor expressed dissatisfaction with the proximity of the project to his property and asked the Commission to impose conditions that access to the construction area be on the applicants' property and not over the . roperty line. The Planning Commission placed ZC NO.839 • • such condition on the project. However, should the applicant obtain permission from the adjacent property owner to access through his easement and should the Community Association grant such an approval, then the applicant could ask for modification to the Resolution of approval. MUNICIPAL CODE COMPLIANCE 10. The structural lot coverage proposed is 5,855 square feet or 15.8% of the net lot area, (20% max. permitted), not including the barbeque. The total lot coverage proposed, including structures and flatwork would be 9,284 sq.ft. or 25.0% of the net lot area, (35% max. permitted). 11. There are three existing building pads on the property. The existing residential building pad is 7,168 square feet and would have coverage of 5,030 square feet or 70.2%, excluding the covered porch, (currently 69%). The play area and/or future corral pad is 3,240 square feet and is not developed. The pool equipment and stable pad is 495 square feet and have 100% coverage. 12. The disturbed area of the lot, including the existing stable is 19,928 square feet or 53.7% of the net lot area. Grading will consist of excavation for the basement and export of 476 cubic yard of dirt. 13. In response for justification for the Variance request to encroach with the basement into the setbacks, the applicants' agent states, in part, that the encroachment would have no impact on the property or other properties in the vicinity as it will be entirely underneath the existing residence, which already encroaches into the setbacks. He states that it would be structurally advantageous to support the first story with the walls of the basement, rather than move the basement walls in to avoid the encroachment. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 15. The correspondence received in regards to this project is enclosed. 16. In reviewing this project the Commission determined that the project would not be detrimental to the properties in vicinity and due to the fact that it would be entirely underneath the existing footprint of the residence will not be visible. 17. The 70.2% proposed residential building pad area coverage seems excessive, however it is a guideline and not codified, therefore, the Commission has discretion to approve it without requiring a Variance or deny it. The existing pad coverage is 69%. The proposed 83 square foot addition would not make the lot look overbuilt. ZC NO. 839 ZONING CASE NO. 839 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 no more than 999 sq. ft. in a 36- month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL STABLE PAD COVERAGE POOL PAD COVERAGE COVERAGE (30% maximum guideline) 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., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS Existing Proposed Residence, pool, stable, Addition and basement play area Residence 3624 sq.ft. Garage 572 sq.ft. Stable 450 sq.ft. Service Yd. 96 sq.ft. Porch 330 sq.ft. Pool/spa 655 sq.ft. Pool eqp. 45 sq.ft. Barbecue 53 sq.ft TOTAL 5,825 sq,ft 5,772 s.f. or 15.5% of 37,120 sq.ft. net lot area (not incl.barbecue 24.8% (9201sq.ft.) of 37,120 sq.ft. net lot area 69% of 7,168 sq.ft. pad (incl. pool); excl. porch 100% Future corral pad 3240 sq.ft. w/o coverage N/A 53.7% includes 50 s.f. of future stable & the play area, which is the same as future corral. Existing 400 sq.ft. Existing, used as play area Existing from Georgeff Existing from Georgeff N/A N/A Residence 3707 sq.ft. Garage 572 sq.ft. Stable 450 sq.ft. Service Yd. 96 sq.ft. Porch 330 sq.ft. Pool/spa 655 sq.ft. Pool eqp. 45 sq.ft. Barbecue 53 sq.ft. TOTAL 5,908 sq,ft, 5,855 s.f. or 15.77% of 37,120 sq.ft. net lot area (not incl.barbecue) 25.0% (9,2841sq.ft.) of 37,120 sq_t net lot area 70.2% of 7,168 sq.ft. pad (incl. pool); excl. porch 100% Future corral pad 3240 sq.ft. w/o coverage 476 c.y. to be exported from excavation of basement 53.7% includes 50 s.f. of future stable & the play area, which is the same as future corral. Existing 400 sq.ft. Existing, used as play area Existing from Georgeff Existing from Georgeff Planning Commission review Planning Commission review 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; ZC NO. 839 • • 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. 839 • • June 17, 2013 After attending the Planning Commission Field Trip on May 21 at 16 Georgeff Road, and reviewing the incomplete architectural plot of the proposed project presented on that date, it is apparent that the proposed basement project will not exceed the building easement encroachments that already exist. In addition, although not specifically addressed in the drawing presented, we also understand that the building height will not be changed. As such, our previous stated concerns with regard to further easement encroachment with this project are not an issue. We still believe that the easement rules help to define the overall feel within the Rolling Hills community, and for that reason, and for fire and stable access, those rules should continue to be honored. Our main concern now, after reviewing the scope of the proposed protect at 16 Georgeff Road, is to ensure that the construction aspects of the proiect occur within the boundaries of that property, and that our property at 2 El Concho Lane is not to be used for construction vehicles access to the iobsite, vehicle storage, or as a deposit area for building material and debris. We maintain, given our experience with past construction projects at 16 Georgeff Road and the general nature of construction workers to take the path of least resistance, this is best done by erecting a temporary barrier on the shared property line, sufficient enough to define and prevent physical encroachment onto 2 El Concho Lane until the project at 16 Georgeff Road has been completed, and that this barrier is a condition of the issuance of a building permit. Also, we would like that the hours the Associations rules permit construction noise and activity to occur be clearly defined and honored by the owners and contractors at 16 Georgeff Road. Thank you for addressing our concerns, Gary Trovinger for Karl Trovinger and Anne Trovinger 2 El Concho Lane, Rolling Hills, CA 90274 RECEIVED JUN 1 7 2013 City of Rolling HMIs By We, as the property owners at 2 El Concho Lane, have several issues surrounding the proposed project at 16 Georgeff Road. 1. Just like the other architectural and building standards that exist behind the gates and contribute to the overall feel and makeup of the community, the set back and easement rules in Rolling Hills auantifv the space and openness that is a large part of the graceful living that we all enjoy as members of this community. As such. the building set back and Association easement rules should be honored for this proiect at 16 Georgeff Road. 2. Our house at 2 El Concho Lane, and the House at 16 Georgeff Road, are both positioned at the minimum building set back on the property line we share. Neither of us has the luxury of neighboring a larger property with a house that is positioned well back from the minimum building setback. We rely on the Rolling Hills set back regulations to give us the space that makes for good neighbors. This project should not be granted an exemption. To do so would compromise one neighbor (2 El Concho Lane) solely for the benefit of another (16 Georgeff Road). 3. In addition, as a matter of principle for firefighting and stable access, the easements should not be encroached upon. There is a fire hydrant located at the top of this shared easement. The responsibility for an open easement should rest with both property owners, and it should remain open for fire equipment access to the canyon. 4. The lot at 16 Georgeff Road is a filled in canyon, and the suitability of excavating for a basement should be subject to the extra engineering assessment that a project of this scale, in that type of soil, dictates. This is to insure that a large excavation will not undermine the soil supporting the whole house and send it sliding down the canyon, or impact our house at 2 El Concho Lane and cause a similar fate. 5. When the swimming pool was constructed at 16 Georgeff Road, the construction equipment accessed the jobsite by driving across our property at 2 El Concho Lane (without permission). There were construction vehicles parked on our property at 2 El Concho Lane (without permission) and there were construction materials and debris deposited on our property at 2 El Concho Lane (without permission). Even after talking directly with the homeowners at 16 Georgeff Road and asking them to instruct their contractor to stop such activity, the encroachments persisted. As such, any future construction project at 16 Georgeff Road will need to include, as a condition of permit approval, construction fencing at the shared property line of 2 El Concho Lane and for a distance along El Concho Lane, suitable to prevent construction vehicles from using 2 El Concho Lane as access to the jobsite, vehicle storage, or as a material and debris storage area. Gary Trovinger for Karl Trovinger and Anne Trovinger 2 El Concho Lane, Rolling Hills, CA 90274 May 20, 2013 o • • THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION NO. 2013-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Jared Beilke with respect to real property located at 16 Georgeff Road, Rolling Hills (Lot 6-GF) requesting a Variance to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located underneath the footprint of the existing residence, which also encroaches into the setbacks. In addition, an 83 square foot addition to the first story is proposed. 476 cubic yards of dirt from excavation of the basement is proposed to be exported. With a previous application, a condition was placed on the property that any further development must be reviewed and approved by the Planning Commission. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip on June 18, 2013 and their regular meeting on July 16, 2013. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission who reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Several neighbors attended the field trip and expressed concerns regarding access to the construction area and location of a construction fence. Section 3. The property is zoned RAS-1 and consists of 1.14 acres gross (49,658 square feet) and 37,120 square feet net lot area for development purposes. The property is developed with 3,624 square foot residence with 572 square foot garage, 655 square foot swimming pool, 330 square feet porches, barbeque area, pool equipment area and service yard. A stable and corral (currently play area) are located on the lot. With the 83 square foot addition the residence would be 3,707 square feet. Reso. 2013-13 16 Georgeff Road - 1 - Section 4. No grading is required as the project would be located on the existing building pad, which was previously disturbed. The encroachment with the basement is proposed under the existing encroachment of the residence. Section 5. 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 6. 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 Sections 17.16.110 and 17.16.120 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement line and 20 feet from the side property line. The applicant is requesting a Variance to encroach with a basement addition into the front and side setbacks. 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 the property that do not apply generally to the other property or class of use in the same zone. The property has been developed with the encroachment of the residence in this manner in 1957. The lot was graded at that time to create a pad for construction of living area. The topography of the lot together with the fact that the existing residence encroaches into the front and side setback creates a difficulty in constructing the basement differently. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The existing residence is 3,707 square feet with a two -car garage. The Variance is necessary because the existing terrain and development on the lot creates difficulty in placing the addition elsewhere on the property without infringing on the already existing small back yard. The portion of the basement that would encroach into the setbacks will be directly below the upper level. Structurally it would be advantageous to support the first story with the walls of the basement, rather than move the basement walls in to avoid the encroachment. In addition, the property was developed at a time where lesser setback requirements applied. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed addition will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be located below the residence and not visible to anyone, and is of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding Reso. 2013-13 16 Georgeff Road - 2 - • • neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into the existing or potentially future equestrian uses on the property. A suitable stable and corral exist on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City and the lot does not look overbuilt. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves a Variance in Zoning Case No. 839 to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located underneath the footprint of the existing residence, which also encroaches into the setbacks and an 83 square foot addition to the first story. 476 cubic yards of dirt from excavation of the basement is allowed to be exported, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variances 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 Code, the Zoning Code, including, but not be limited to undergrounding of utility requirements, roof construction requirements and lighting requirements, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 12, 2013 except as otherwise provided in these conditions. E. Utility lines serving subject residence shall be placed underground. Reso. 2013-13 16 Georgeff Road • • F. Structural lot coverage shall not exceed 5,888 square feet, which includes all structures, except the barbeque, or 15.8% of the net lot area in conformance with lot coverage limitations. G. Total lot coverage of structures and paved areas shall not exceed 9,284 square feet or 25.0% in conformance with total lot coverage limitations, and may not be enlarged. H. No grading other than excavation for the basement shall be permitted. 476 cubic yards of dirt from the basement may be exported. I. Residential building pad coverage on the 7,168 square foot residential building pad (not in setbacks) shall not exceed 5,030 square feet or 70.2%. J. The property on which the project is located contains a 400 square foot stable and corral, currently used as play area, with access thereto and it shall remain on the property. Additional 50 square foot for a future addition has been set aside for a total of 450 square foot stable, as required by the Zoning Ordinance. K. If new landscaping is 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 trees and shrubs so as not to obstruct views of neighboring properties but to screen the residence. If new trees or shrubs are planned in conjunction with this project, they shall be of a species that will not grow higher than the ridge height of the residence. L. During construction, access to the construction site shall be taken from the subject property and may not encroach onto the adjacent property. M. A construction fence shall be erected and maintained during construction of the project. If the fence is to be located in an easement, Rolling Hills Community Association approval shall be required. N. Perimeter easements, including roadway easements, shall at all times remain free and clear of any improvements including, but not be limited to landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, unless otherwise approved by Rolling Hills Community Association. O. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices so that Reso. 2013-13 16 Georgeff Road - 4 - people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. P. 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. Q. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby roadway easements. R. The property owners shall be required to conform with the Regional Water Quality Control Board and Public Works Department Best Management Practices (BMP's) related to solid waste and storm water management. S. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water away from the structure in an approved manner. T. The project shall be subject to the City's Construction and Demolition permit requirements. U. The working drawings submitted to the Department of Building and Safety for plan check and construction review must conform to the development plan approved with this application. The 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. 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. 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. W. Any modification to the project or to the property, which would constitute grading or structural addition shall be reviewed and approved by the Planning Commission. X. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. 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 Reso. 2013-13 16 Georgeff Road - 5 - • • found: http://www.wrh.noaa.gov/Iox/main.nhp?suite=safety&page=hazard, definitions#FIR E. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Y. The applicant shall execute an Affidavit of Acceptance of all conditions of this application pursuant to Section 17.38.060, or the approval shall not be effective. Z. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the Building and Safety Department. AA. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF AUGUST, 2013. RICHARD HENKE, VICE CHAIRMAN ATTEST: . HEIDI LUCE, DEPUTY CITY CLERK Reso. 2013-13 16 Georgeff Road - 6 - • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2013-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY' ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on August 20, 2013 by the following roll call vote: AYES: Commissioners Gray, Mirsch and Vice Chairman Henke. NOES: None. ABSENT: Chairman Chelf. ABSTAIN: Commissioner Smith (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. 2013-13 16 Georgeff Road - 7 - • MEMORANDUM TO RECUSE • TO: Honorable Chairman and Members of the Planning Commission FROM: Heidi Luce, Deputy City Clerk SUBJECT: Zoning Case No. 839 -16 Georgeff Road DATE: July 16, 2013 Due to the proximity of her property to the subject property, Commissioner Smith should recuse herself from consideration of Zoning Case No. 839,16 Georgeff Road. She may however, participate as a resident. ee4 Ra f&if qedk • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7A Mtg. Date: 7/16/13 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 839 SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: 16 GEORGEFF ROAD (LOT 6-GF) RA-S-1, 1.14 ACRES (GROSS) MR. AND MRS. JARED BEILKE CHARLES BELAK-BERGER, ARCHITECT MAY 9, 2013 REQUEST AND RECOMMENDATION 1. The applicants request a Variance to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located within the footprint of the existing residence, which encroaches into the setbacks. In addition, an 83 square foot addition to the first story is proposed 2. At the field visit to the site on June 18, 2013, the Planning Commission directed staff to prepare a resolution of approval in this case. There were no objections to this project from any neighbors, except that concerns were expressed regarding access of the construction equipment. 3. Attached is a Resolution No. 2013-13 with standard findings and facts, including conditions specific to this project as follows: • Any further development on the property or modification to this project must be reviewed and approved by the Planning Commission. • Access to the construction site must be taken over the project property and shall not encroach onto adjacent properties. • A construction fence shall be erected; and if located in the easement it must be approved by the RHCA. 4. It is recommended that the Planning Commission review and consider the attached resolution. Z.C. No. 839 • THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION NO. 2013-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Jared Beilke with respect to real property located at 16 Georgeff Road, Rolling Hills (Lot 6-GF) requesting a Variance to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located underneath the footprint of the existing residence, which also encroaches into the setbacks. In addition, an 83 square foot addition to the first story is proposed. 476 cubic yards of dirt from excavation of the basement is proposed to be exported. With a previous application, a condition was placed on the property that any further development must be reviewed and approved by the Planning Commission. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip on June 18, 2013 and their regular meeting on July 16, 2013. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission who reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Several neighbors attended the field trip and expressed concerns regarding access to the construction area and location of a construction fence. Section 3. The property is zoned RAS-1 and consists of 1.14 acres gross (49,658 square feet) and 37,120 square feet net lot area for development purposes. The property is developed with 3,624 square foot residence with 572 square foot garage, 655 square foot swimming pool, 330 square feet porches, barbeque area, pool equipment area and service yard. A stable and corral (currently play area) are located on the lot. With the 83 square foot addition the residence would be 3,707 square feet. Reso.2013-13 1 n • Section 4. No grading is required as the project would be located on the existing building pad, which was previously disturbed. The encroachment with the basement is proposed under the existing encroachment of the residence. Section 5. 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 6. 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 Sections 17.16.110 and 17.16.120 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement line and 20 feet from the side property line. The applicant is requesting a Variance to encroach with a basement addition into the front and side setbacks. 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 the property that do not apply generally to the other property or class of use in the same zone. The property has been developed with the encroachment of the residence in this manner in 1957. The lot was graded at that time to create a pad for construction of living area. The topography of the lot together with the fact that the existing residence encroaches into the front and side setback creates a difficulty in constructing the basement differently. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The existing residence is 3,707 square feet with a two -car garage. The Variance is necessary because the existing terrain and development on the lot creates difficulty in placing the addition elsewhere on the property without infringing on the already existing small back yard. The portion of the basement that would encroach into the setbacks will be directly below the upper level. Structurally it would be advantageous to support the first story with the walls of the basement, rather than move the basement walls in to avoid the encroachment. In addition, the property was developed at a time where lesser setback requirements applied. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. The proposed addition will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be located below the residence and not visible to anyone, and is of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding Reso.2013-13 2 • • neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into the existing or potentially future equestrian uses on the property. A suitable stable and corral exist on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply . with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City and the lot does not look overbuilt. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves a Variance in Zoning Case No. 839 to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located underneath the footprint of the existing residence, which also encroaches into the setbacks and an 83 square foot addition to the first story. 476 cubic yards of dirt from excavation of the basement is allowed to be exported, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variances 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 Code, the Zoning Code, including, but not be limited to undergrounding of utility requirements, roof construction requirements and lighting requirements, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 12, 2013 except as otherwise provided in these conditions. Reso.2013-13 3 \✓ • • E. Utility lines serving subject residence shall be placed underground. F. Structural lot coverage shall not exceed 5,888 square feet, which includes all structures, except the barbeque, or 15.8% of the net lot area in conformance with lot coverage limitations. G. Total lot coverage of structures and paved areas shall not exceed 9,284 square feet or 25.0% in conformance with total lot coverage limitations, and may not be enlarged. H. No grading other than excavation for the basement shall be permitted. 476 cubic yards of dirt from the basement may be exported. I. Residential building pad coverage on the 7,168 square foot residential building pad (not in setbacks) shall not exceed 5,030 square feet or 70.2%. J. The property on which the project is located contains a 400 square foot stable and corral, currently used as play area, with access thereto and it shall remain on the property. Additional 50 square foot for a future addition has been set aside for a total of 450 square foot stable, as required by the Zoning Ordinance. K. If new landscaping is 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 trees and shrubs so as not to obstruct views of neighboring properties but to screen the residence. If new trees or shrubs are planned in conjunction with this project, they shall be of a species that will not grow higher than the ridge height of the residence. L. During construction, access to the construction site shall be taken from the subject property and may not encroach onto the adjacent property. M. A construction fence shall be erected and maintained during construction of the project. If the fence is to be located in an easement, Rolling Hills Community Association approval shall be required. N. Perimeter easements, including roadway easements, shall at all times remain free and clear of any improvements including, but not be limited to landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, unless otherwise approved by Rolling Hills Community Association. O. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices so that Reso. 2013-13 4 • people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. P. 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. Q. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby roadway easements. R. The property owners shall be required to conform with the Regional Water Quality Control Board and Public Works Department Best Management Practices (BMP's) related to solid waste and storm water management. S. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water away from the structure in an approved manner. T. The project shall be subject to the City's Construction and Demolition permit requirements. U. The working drawings submitted to the Department of Building and Safety for plan check and construction review must conform to the development plan approved with this application. The 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. 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. 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. W. Any modification to the project or to the property, which would constitute grading or structural addition shall be reviewed and approved by the Planning Commission. X. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. 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 Reso.2013-13 5 • • found: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FI RE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Y. The applicant shall execute an Affidavit of Acceptance of all conditions of this application pursuant to Section 17.38.060, or the approval shall not be effective. Z. All conditions of this Variance approval, that apply, must be complied with prior to the issuanceof a building permit from the Building and Safety Department. AA. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JULY 2013. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso.2013-13 6 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2013-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION, IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on July 16, 2013 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.2013-13 7 1-#0 RaPle# qtek INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7A Mtg. Date: 6/18/13 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 839 16 GEORGEFF ROAD (LOT 6-GF) RA-S-1, 1.14 ACRES (GROSS) MR. AND MRS. JARED BEILKE CHARLES BELAK-BERGER, ARCHITECT MAY9,2013 REQUEST AND RECOMMENDATION 1. The Planning Commission visited the site in the morning of May 13, 2013 and continued the meeting to the morning of June 18, 2013. It is recommended that the Planning Commission resume the public hearing, take public testimony, consider the criteria for granting of a variance and provide direction to staff. 2. The applicants request a Variance to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located within the footprint of the existing residence which encroaches the same distance into the setbacks. In addition, an 83 square foot addition to the first story is proposed. 476 cubic yards of dirt from excavation of the basement is proposed to be exported. The property has a condition that any further development must be reviewed by the Planning Commission. BACKGROUND 3. The Planning Commission in 2006 approved 1,165 square foot addition to the residence, of which 96 square foot encroached into the south side yard setback and in Z.C. No. 839 • • October 2007 the Planning Commission, after revisions to the project were made and the City Council remanded the project back to the Commission, approved a Site Plan Review and a Variance for swimming pool, outdoor barbeque area, and exceedance of the maximum permitted disturbed area to create a 3,240 square foot pad area for a lawn and play area on the lower portion of the lot. 4. The property is zoned RAS-1 and consists of 1.14 acres gross (49,658 square feet) and 37,120 square feet net lot area for development purposes. The property is developed with 3,624 square foot residence with 572 square foot garage, 655 square foot swimming pool, 330 square feet porches, barbeque area, pool equipment area and service yard. A stable and corral (currently play area) are located on the lot. With the 83 square foot addition the residence would be 3,707 square feet. 5. No grading is required and the project would be located on the existing building pad, which was previously disturbed. The encroachment with the basement is proposed under the existing encroachment of the residence at the opposite side of the house from the previously approved addition in setback. 6. The RHCA Architectural Committee approved the addition and basement. MUNICIPAL CODE COMPLIANCE 7. The structural lot coverage proposed is 5,855 square feet or 15.8% of the net lot area, (20% max. permitted), not including the barbeque. The total lot coverage proposed, including structures and flatwork would be 9,284 sq.ft. or 25.0% of the net lot area, (35% max. permitted). 8. There are three existing building pads on the property. The existing residential building pad is 7,168 square feet and would have coverage of 5,030 square feet or 70.2%, excluding the covered porch, (currently 69%). The play area and/or future corral pad is 3,240 square feet and is not developed. The pool equipment and stable pad is 495 square feet and have 100% coverage. 9. The disturbed area of the lot, including the existing stable is 19,928 square feet or 53.7% of the net lot area. Grading will consist of excavation for the basement and export of 476 cubic yard of dirt. 10. In response for justification for the Variance request to encroach with the basement into the setbacks, the applicants' agent states, in part, that the encroachment would have no impact on the property or other properties in the vicinity as it will be entirely underneath the existing residence, which already encroaches into the setbacks. He states that it would be structurally advantageous to support the first story with the walls of the basement, rather than move the basement walls in to avoid the encroachment. Z.C. No. 839 • 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 12. The enclosed letter from neighbors was distributed to all present at the May 21 field trip. In addition, two other residents were present at the field trip that expressed concerns, including the proximity of the project to the easement line, access for construction equipment and objected to the granting of variances. 13. In reviewing this project the Commission must determine if the project meets the Variance criteria listed below. 14. The 70.2% proposed residential building pad area coverage seems excessive, however it is a guideline and not codified, therefore, the Commission has discretion to approve it without requiring a Variance or deny it. The existing pad coverage is 69%. The proposed 83 square foot addition would not make the lot look overbuilt. ZONING CASE NO. 839 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 no more than 999 sq. ft. in a 36- month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL STABLE PAD COVERAGE POOL PAD COVERAGE COVERAGE (30% maximum guideline) Z.C. No. 839 Existing IProposed Residence, pool, stable, Addition and basement play area Residence 3624 sq.ft. Garage 572 sq.ft. Stable 450 sq.ft. Service Yd. 96 sq.ft. Porch 330 sq.ft. Pool/spa 655 sq.ft. Pool eqp. 45 sq.ft. Barbecue 53 sq.ft TOTAL 5,825 sq,ft 5,772 s.f. or 15.5% of 37,120 sq.ft. net lot area (not incl.barbecue 24.8% (9201sq.ft.) of 37,120 sq.ft. net lot area 69% of 7,168 sq.ft. pad (incl. pool); excl. porch 100% Future corral pad 3240 sq.ft. w/o coverage Residence 3707 sq.ft. Garage 572 sq.ft. Stable 450 sq.ft. Service Yd. 96 sq.ft. Porch 330 sq.ft. Pool/spa 655 sq.ft. Pool eqp. 45 sq.ft. Barbecue 53 sq.ft. TOTAL 5,908 sq,ft, 5,855 s.f. or 15.77% of 37,120 sq.ft. net lot area (not incl.barbecue) 25.0% (9,2841sq.ft.) of 37,120 sq.ft. net lot area 70.2% of 7,168 sq.ft. pad (incl. pool); excl. porch 100% Future corral pad 3240 sq.ft. w/o coverage 1 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., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sq. ft.) and CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS CRITERIA FOR VARIANCES N/A 53.7% includes 50 s.f. of future stable & the play area, which is the same as future corral. Existing 400 sq.ft. Existing, used as play area Existing from Georgeff Existing from Georgeff N/A N/A 476 c.y. to be exported from excavation of basement 53.7% includes 50 s.f. of future stable & the play area, which is the same as future corral. Existing 400 sq.ft. Existing, used as play area Existing from Georgeff Existing from Georgeff Planning Commission review Planning Commission review 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 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. Z.C. No. 839 We, as the property owners at 2 El Concho Lane, have several issues surrounding the proposed project at 16 Georgeff Road. 1. Just like the other architectural and building standards that exist behind the gates and contribute to the overall feel and makeup of the community, the set back and easement rules in Rolling Hills quantify the space and openness that is a large part of the graceful living that we all enjoy as members of this community. As such, the building set back and Association easement rules should be honored for this project at 16 Georgeff Road. 2. Our house at 2 El Concho Lane, and the House at 16 Georgeff Road, are both positioned at the minimum building set back on the property line we share. Neither of us has the luxury of neighboring a larger property with a house that is positioned well back from the minimum building setback. We rely on the Rolling Hills set back regulations to give us the space that makes for good neighbors. This project should not be granted an exemption. To do so would compromise one neighbor (2 El Concho Lane) solely for the benefit of another (16 Georgeff Road). 3. In addition, as a matter of principle for firefighting and stable access, the easements should not be encroached upon. There is a fire hydrant located at the top of this shared easement. The responsibility for an open easement should rest with both property owners, and it should remain open for fire equipment access to the canyon. 4. The lot at 16 Georgeff Road is a filled in canyon, and the suitability of excavating for a basement should be subject to the extra engineering assessment that a project of this scale, in that type of soil, dictates. This is to insure that a large excavation will not undermine the soil supporting the whole house and send it sliding down the canyon, or impact our house at 2 El Concho Lane and cause a similar fate. 5. When the swimming pool was constructed at 16 Georgeff Road, the construction equipment accessed the jobsite by driving across our property at 2 El Concho Lane (without permission). There were construction vehicles parked on our property at 2 El Concho Lane (without permission) and there were construction materials and debris deposited on our property at 2 El Concho Lane (without permission). Even after talking directly with the homeowners at 16 Georgeff Road and asking them to instruct their contractor to stop such activity, the encroachments persisted. As such, any future construction project at 16 Georgeff Road will need to include, as a condition of permit approval, construction fencing at the shared property line of 2 El Concho Lane and for a distance along El Concho Lane, suitable to prevent construction vehicles from using 2 El Concho Lane as access to the jobsite, vehicle storage, or as a material and debris storage area. Gary Trovinger for Karl Trovinger and Anne Trovinger 2 El Concho Lane, Rolling Hills, CA 90274 May 20, 2013 ECEIVE MAY 2 0 2013 City of Rolling Hills By TO: o'iRd&to qez INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7A Mtg. Date: 5/21/13 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 839 16 GEORGEFF ROAD (LOT 6-GF) RA-S-1, 1.14 ACRES (GROSS) MR. AND MRS. JARED BEILKE CHARLES BELAK-BERGER, ARCHITECT MAY 9, 2013 REQUEST AND RECOMMENDATION 1. The Planning Commission visited the site in the morning of May 13, 2013. It is recommended that the Planning Commission review the staff report, resume the public hearing, take public testimony, consider the criteria for granting a variance and site plan and provide direction to staff. 2. The applicants request a Variance to construct a 1,483 square foot basement, of which 215 square feet would encroach into the front setback and 10 square feet would encroach into the side setback, however, the entire basement would be located within the footprint of the existing residence which encroaches the same distance into the setbacks. In addition, an 83 square foot addition to the first story is proposed. 476 cubic yards of dirt from excavation of the basement is proposed to be exported. The property has a condition that any further development must be reviewed by the Planning Commission. BACKGROUND 3. The Planning Commission in 2006 approved 1,165 square foot addition to the residence, of which 96 square foot encroached into the south side yard setback and in Z.C. No. 839 • • -41116 October 2007 the Planning Commission, after revisions to the project were made and the City Council remanded the project back to the Commission, approved a Site Plan Review and a Variance for swimming pool, outdoor barbeque area, and exceedance of the maximum permitted disturbed area to create a 3,240 square foot pad area for a lawn and play area on the lower portion of the lot., 4. The property is zoned RAS-1 and consists of 1.14 acres gross (49,658 square feet) and 37,120 square feet net lot area for development purposes. The property is developed with 3,624 square foot residence with 572 square foot garage, 655 square foot swimming pool, 330 square feet porches, barbeque area, pool equipment area and service yard. A stable and corral (currently play area) are located on the lot. With the 83 square foot addition the residence would be 3,707 square feet. 5. No grading is required and the project would be located on the existing building pad, which was previously disturbed. The encroachment with the basement is proposed under the existing encroachment of the residence at the opposite side of the house from the previously approved addition in setback. 6. The RHCA Architectural Committee approved the addition and basement. MUNICIPAL CODE COMPLIANCE 7. The structural lot coverage proposed is 5,855 square feet or 15.8% of the net lot area, (20% max. permitted), not including the barbeque. The total lot coverage proposed, including structures and flatwork would be 9,284 sq.ft. or 25.0% of the net lot area, (35% max. permitted). 8. There are three existing building pads on the property. The existing residential building pad is 7,168 square feet and would have coverage of 5,030 square feet or 70.2%, excluding the covered porch, (currently 69%). The play area and/or future corral pad is 3,240 square feet and is not developed. The pool equipment and stable pad is 495 square feet and have 100% coverage. 9. The disturbed area of the lot, including the existing stable is 19,928 square feet or 53.7% of the net lot area. Grading will consist of excavation for the basement and export of 476 cubic yard of dirt. 10. In response for justification for the Variance request to encroach with the basement into the setbacks, the applicants' agent states, in part, that the encroachment would have no impact on the property or other properties in the vicinity as it will be entirely underneath the existing residence, which already encroaches into the setbacks. He states that it would be structurally adventagous to support the first story with the walls of the basement, rather than move the basement walls in to avoid the encroachment. Z.C. No. 839 0 11. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 12. In reviewing this project the Commission must determine if the project meets the Variance criteria listed below. 13. The 70.2% proposed residential building pad area coverage seems excessive, however it is a guideline and not codified, therefore, the Commission has discretion to approve it without requiring a Variance or deny it. The existing pad coverage is 69%. The proposed 83 square foot addition would not make the lot look overbuilt. ZONING CASE NO. 839 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 no more than 999 sq. ft. in a 36- month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL STABLE PAD COVERAGE POOL PAD COVERAGE COVERAGE (30% maximum guideline) 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., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sq. ft.) and CORRAL (minimum 550 sq. ft.) Z.C. No. 839 Existing I Proposed Residence, pool, stable, Addition and basement play area Residence 3624 sq.ft. Garage 572 sq.ft. Stable 450 sq.ft. Service Yd. 96 sq.ft. Porch 330 sq.ft. Pool/spa 655 sq.ft. Pool eqp. 45 sq.ft. Barbecue 53 sq.ft TOTAL 5,825 sq,ft 5,772 s.f. or 15.5% of 37,120 sq.ft. net lot area (not incl.barbecue 24.8% (9201sq.ft.) of 37,120 sq.ft. net lot area 69% of 7,168 sq.ft. pad (incl. pool); excl. porch 100% Future corral pad 3240 sq.ft. w/o coverage N/A 53.7% includes 50 s.f. of future stable & the play area, which is the same as future corral. Existing 400 sq.ft. Existing, used as play area 0-3- Residence 3707 sq.ft. Garage 572 sq.ft. Stable 450 sq.ft. Service Yd. 96 sq.ft. Porch 330 sq.ft. Pool/spa 655 sq.ft. Pool eqp. 45 sq.ft. Barbecue 53 sq.ft. TOTAL 5,908 sq,ft, 5,855 s.f. or 15.77% of 37,120 sq.ft. net lot area (not incl.barbecue) 25.0% (9,2841sq.ft.) of 37,120 sq.ft. net lot area 70.2% of 7,168 sq.ft. pad (incl. pool); excl. porch 100% Future corral pad 3240 sq.ft. w/o coverage 476 c.y. to be exported from excavation of basement 53.7% includes 50 s.f. of future stable & the play area, which is the same as future corral. Existing 400 sq.ft. Existing, used as play area STABLE ACCESS Existing from Georgeff Existing from Georgeff ACCESS WAY Existing from Georgeff Existing from Georgeff VIEWS N/A Planning Commission review PLANTS AND ANIMALS N/A Planning Commission review 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. Z.C. No. 839