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688, Extension for previously appro, Staff Reports• City o/ /eof/n ��Pe INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF: 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityotrh@aol.com DALE: AUGUST 16, 2005 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: ZONING CASE NO. 688 Mr. and Mrs. Gary Mizell, 1 Meadowlark Lane, (Lot 24-1-RH). Variance to construct a garage, which would encroach into the front setback and Variance to exceed the maximum permitted disturbed lot area at an existing single family residence. BACKGROUND Attached is a request from Mr. Gary Mizell, property owner, requesting a two- year time extension for a previously approved request for Variances to construct a garage, which would encroach into the front setback and to exceed the maximum permitted disturbed lot area The Planning Commission approved this project on July 20, 2004 by Resolution No. 2004-18. The applicant states that due to his busy schedule and the difficulty in getting contractors it's been difficult to proceed. If the request for two-year extension is . approved, the approval will expire on August 20, 2007. RECOMMENDATION It is recommended that the Planning Commission consider the request and adopt Resolution No. 2005-24 granting the extension. PnMed qn RccyG1,:d f brw:r • (z_/ W iLc-a0(577A6G_ /1-1V SI 0AJ Nt linc?n6 2 )(1/5c,C1no/1 luy ( Due (0 Aky bc,5ci -etou�e- d E- V 61-(L( s ans-r/Lucrio?v Co (Lo c.cf6 AUG 0 5 2005 CITY OF ROLLING HILLS By D RESOLUTION NO. 2005-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2004-18 AND APPROVING A TWO YEAR TIME EXTENSION FOR PREVIOUSLY APPROVED VARIANCES TO CONSTRUCT A GARAGE IN THE FRONT SETBACK AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED LOT AREA AT AN EXISTING RESIDENCE IN ZONING CASE NO. 688 AT 1 MEADOWLARK LANE (LOT 24-1-RH), (MIZELL). 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 Mr. Gary Mizell, property owners, with respect to real property located at 1 Meadowlark Lane, (Lot 24-1-RH), Rolling Hills, CA requesting a two-year time extension for. a previously approved zoning case. Section 2. The Commission considered this item at a meeting on August 16, 2005 at which time information was presented indicating that additional time is needed to process the development application. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 10 of Resolution No. 2004-18, dated July 20, 2004, to read as follows: "A. The Variance approvals shall expire within three years from the effective date of approval as defined in Section 17.38.070(A) of the Zoning Ordinance". Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2004-18 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF AUGUST 2005. ROGER SOMMER, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 2005-24 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2004-18 AND APPROVING A TWO YEAR TIME EXTENSION FOR PREVIOUSLY APPROVED VARIANCES TO CONSTRUCT A GARAGE IN THE FRONT SETBACK AND TO EXCEED THE MAXIMUM PERMITTED DISTURBED LOT AREA AT AN EXISTING RESIDENCE IN ZONING CASE NO. 688 AT 1 MEADOWLARK LANE (LOT 24-1-RH), (MIZELL). was approved and adopted at a regular meeting of the Planning Commission on August 16, 2005 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 • City opeo een9 DATE: JULY 26, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 4B Mtg. Date: 7/26/04 SUBJECT: RESOLUTION NO. 2004-18. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO PERMIT ENCROACHMENT WITH AN ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 688, AT 1 MEADOWLARK LANE (LOT 24-1-RH), (MIZELL). BACKGROUND 1. The Planning Commission adopted Resolution No. 2004-18, which is attached, on July 20, 2004 at their regular meeting granting a request for Variances for encroachment with an addition and exceedance of disturbed net lot area at an existing new single family residence at 1 Meadowlark Lane. The vote was 5-0. 2. The applicants propose to add 570 square feet garage to the existing residence. The existing residence is 2,308 square feet and has no garage. The applicants stated that they purchased the property in 1999 in its current condition, without a garage. Other structures on the lot include a 484 square foot swimming pool, and a 480 square foot hobby shop. 3. Originally, the applicants proposed to construct a 770 square foot garage addition. Following the field trip, the Commission determined that the 770 square foot addition would cause the property to be overbuilt and recommended that the garage be reduced to 570 square feet. 4. In 1967 a two -lot subdivision was approved, creating this lot and 2 Saddleback Road lot. Subject lot is an irregularly shaped lot that is difficult to build on because of the topography of the land and because of the large road ZC NO. 688 CC 7/26/04 1 Pnnteel or, i'i,:`cyclrxf ';B ':r • • easements along the two streets. The subject lot is 1.01 acres in size, and the adjacent lot (2 Saddleback Road) is 1.05 acres, excluding roadway easements. 5. In 1972 the City approved a Variance for a 2,870 square foot addition to the then existing house in the front setback, for a total of 4,340 square foot house, which included a garage. Records show that the Planning Commission at that time found that "although the 4,340 square foot residence would feel overbuilt for the lot, in this case an old house on a less than desirable lot, could be detrimental to the area, but the planned improvements could substantially increase the property value of the house and surrounding properties." The Commission also found that the location of the residence on Meadowlark Lane near a cul-de-sac made this improvement desirable. 6. Of the approved 2,870 square foot addition in 1972, only 600 square feet was built. In 1979 another Variance was approved to add 240 square feet to the then existing garage, which also encroached into the front setback and was 12 feet from the roadway easement. The driveway was also moved about 15 feet to the east. Sometimes between 1979 and 1999, the garage was converted into living area by a previous property owner. 7. In 1979, the stable was converted to a hobby shop. Rolling Hills Community Association records indicate that such conversion was approved. At that time, the City's Zoning Ordinance did not require that an area for a stable and corral be set aside. This requirement was adopted in 1988. 8. The net lot area of the parcel, as calculated for development purposes, is 23,406 square feet. The structural net lot coverage is proposed to be 4,388 square feet or 18.7% of the net lot area, which includes the residence, addition, existing pool and hobby shop, service yard and the future stable The existing structural lot coverage totals 3,272 square feet or 14.0%, (20% maximum permitted). 9. The proposed total lot coverage will be 7,653 square feet or 32.7% of the net lot area. The existing total lot coverage is 6,147 square feet or 26.3.0%. (35% maximum permitted). 10. Disturbed area of the lot will be 11,203 square feet or 47.8%, which includes the future stable, (40% maximum permitted). Currently the disturbed area is 46.3%. More than 75% of the front setback was disturbed previously for the construction of the residence. 11. There are three building pads on the property. Most of the level pad on which the residence is located is in the front setback, therefore, it is not counted towards residential building pad. The total flat portion beyond the front setback includes the pool pad and is 5,122 square feet. The structural lot coverage on this building pad, which includes the existing house, the proposed addition, service yard and the pool, is proposed to be 3,458 square feet or 67.5%. Currently the coverage on this pad is 56.5%. ZC NO. 688 CC 7/26/04 2 The hobby shop building pad is 2,434 square feet with coverage of 19.7%. The future stable pad will be 900 square feet, however only 60 square feet will be outside the setback, and therefore, only the 60 square feet is counted as the buildable pad. The coverage on the 60 square feet stable pad will be 450 square feet or 750%. The total pads consist of 7,616 square feet for combined building pad coverage of 60.2%. 12. Access to the property will be moved approximately 20 feet from center line to center line to the east from the existing driveway. The existing portion of the driveway approach, which will no longer be utilized, will be closed off and landscaped. Access to the future stable will be from an existing non -paved access from Saddleback Road. The proposed driveway will be opposite the driveway across the street. The neighbors stated that they have no objections to such placement of the Mizell's driveway, as it will give both neighbors more maneuvering room. A letter to that effect from the neighbors is enclosed. In addition, the Traffic Engineer recommended approval of the proposed driveway. 13. Responding to the criteria to be satisfied for the grant of the Variances the applicants' representative states as follows: a. The existing residence was built in 1939 before the zoning ordinance of the city was adopted and the residence does not conform to requirements for front yard set back or structural lot coverage. b. The property was subdivided in 1967 resulting in a small, irregularly shaped lot that is difficult to build on because of the contour of the land. The flat portion of the property or "building pad" lies almost entirely in the front setback. c. The 43,996 square foot property is triangular in shape and is situated on Meadowlark Lane and borders Saddleback Road on one side resulting in only 53 percent of the property not in the setbacks, (net lot area). This is almost half of the lot and is proportionally much smaller than other lots in the vicinity. d. A Variance for front yard encroachment was granted in 1972 "to preserve substantial property rights possessed by other property owners in the same vicinity and zone." Records show the square footage of the residence was 1,470 square feet. The 1972 approved addition was 2,870 square feet bringing the total residence to 4,340 square feet. Only a small portion of the addition was built. Currently, the applicant is requesting an addition of 570 square feet to the 2,308 square foot residence, bringing the total to 2,878 square feet. The total square footage is 33.7% less than the addition approved by the Planning Commission in 1972. e. Variance is requested to preserve substantial property rights consistent with others in the same neighborhood. Other properties in the immediate vicinity enjoy a guest house, stables, and an additional detached garage. No other property in the vicinity is encumbered on its two longest sides by roadway easements. f. The improvement would reflect favorably on surrounding properties by providing a garage for parking as well as off street parking on a narrow street where street parking restricts traffic flow. g. The Improvement of 570 square feet would add substantially to the value of the property. ZC NO.688 CC 7/26/04 3 • • ti h. Requested improvement is consistent with improvements to the properties located in the vicinity. i. The relocation of the driveway will eliminate vehicles backing onto Meadowlark when exiting the property. The continuation of existing landscape screen will provide privacy for the adjacent property owner across Meadowlark whose front yard currently faces the existing driveway/parking area. j. Proposed garage is sited on a flat portion of the lot therefore requiring no grading and disturbance to the property. This site will not impact the existing drainage patterns on the lot. In addition, the proposed location of the garage is currently a brick driveway/parking area adjacent to an unimproved area that has very little natural vegetation or landscape material to remove. 14. Letters in support of this project are attached. 15. No grading is required for this project. 16. It will be required that utilities to the residence and garage be placed underground. 17. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 18. The Rolling Hills Community Association will review this project at a later date. RECOMMENDATION It is recommended that the City Council receive and file Resolution No. 2004-18 or provide other direction to staff. ZC NO.688 CC 7/26/04 4 ZONING CASE NO. 688 CRITERIA & MAJOR IMPACTS RA -S-1 Zone Setbacks: Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Structures (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36- month period). Grading 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. Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Building Pad Coverage (30% maximum) Residential/Pool pad Hobby Shop Stable Combined Roadway Access Access to Stable Preserve Views Preserve Plants and Animals ZC NO. 688 CC 7/26/04 EXISTING Residence with accessory structures and uses Residence 2,308 sq.ft. Garage 0 sq.ft. Swim Pool 484 sq.ft. Stable 0 sq.ft. Service Yard 0 sq.ft. Hobby shop 480 sa.ft TOTAL 3,272 sq.ft. None 46.3% 14.0% 26.3% 56.5% 19.7% none 43.3% Existing off Meadowlark Lane From Saddleback Rd. N/A N/A 5 PREVIOUSLY PROPOSED Variance to encroach with addition and Variance for disturbed area Res. 2,308 sq.ft. Garage 770 sq.ft. Swim Pool 484 sq.ft. Stable 450 sq.ft. Service yard 96 sq.ft. Hobby shop 480 sa.ft. TOTAL 4,588 sq.ft. None 50.1% of 23,406 square feet net lot area. (Requires Variance) 20.0% 35.0% 71.4% of 5,122 sq.ft. pad 19.7% of 2,434 sq.ft. pad 750% (60 sq.ft. area counted) 60.2% of 7,616 sq.ft. building pads Move drwy approach 20 feet center line to center line From Saddleback Rd. Planning Commission condition Planning Commission condition PROPOSED (approved) Variance to encroach with addition and Variance for disturbed area Res. 2,308 sq.ft. Garage 570 sq.ft. Swim Pool 484 sq.ft. Stable 450 sq.ft. Service yard 96 sq.ft. Hobby shop 480 sa.ft. TOTAL 4,388 sq.ft. None 47.8% of 23,406 square feet net lot area. (Requires Variance) 18.7% 32.7% 67.5% of 5,122 sq.ft. pad 19.7% of 2,434 sq.ft. pad 750% (60 sq.ft. area counted) 57.1% of 7,616 sq.ft. building pads Move drwy approach 20 feet center line to center line From Saddleback Rd. Planning Commission condition Planning Commission condition • • VARIANCE REQUIRED 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; and 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; and 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; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; 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. RESIDENCES IN THE VICINITY — FOR INFORMATION, PURPOSE ONLY ADDRESS OWNER RESIDENCE (SQ.FT.) 2 Meadowlark Swart 3,007 3 Meadowlark Gibson 2,197 6 Meadowlark Hilliard 4,348 2 Saddleback Road Howell 3,781 2 Eucalyptus Lane DeMucci 5,110 4 Eucalyptus Lane D'Ambra I 3,198 6 Eucalyptus Lane Marcotte 4,774 AVERAGE I 3,773 1 Meadowlark EXISTING 12,308 PROPOSED 570 garage SOURCE: Los Angeles County Assessors Records The above do not include garages 6 LOT SIZE ACRES (excl. road easement) 38,330 66,490 74,490 45,740 69,260 52,272 54,885 57,352 43,996 ZC NO. 688 CC 7/26/04 • WILLDAN Serving Public Agencies MEMORANDUM To: Craig R. Nealis, City Manager From: Ed Cline, Traffic Engineer t t Date: June 4, 2004 Subject: PROPOSED DRIVEWAY ON MEADOWLARK LANE Rolling Hills On May 27, 2004, following the Traffic Commission meeting, we took a field trip to review a proposed driveway relocation on Meadowlark Lane. The proposal involves relocating an existing driveway about 20 feet closer to Saddleback Road. The proposed new location of the driveway would align with the existing residential driveway on the opposite side of Meadowlark Lane. The proposed driveway would improve driver's ability to exit both the proposed driveway and the existing driveway onto Meadowlark Lane. Currently driveway egress from both driveways is limited by the narrow width of Meadowlark Lane. For this reason, I recommend that the proposed driveway be approved from the traffic engineering point of view. EC:jmk/Iss (06-160) 55432\1002\M05 • • May 10, 2004 Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: 1 Meadowlark Lane, Rolling Hills Dear Sirs; We have discussed the proposed driveway changes and garage addition with Mr. Mizell and their designer, Ms. Cheryl Mooradian. We support their proposal to: 1. Relocate their existing driveway off Meadowlark Lane to a location opposite our attached garage. 2. Provide an off-street turnaround area for vehicles. 3. Provide off-street parking. We feel this change will greatly improve accessibility to our home as well as the other residences on the cul-de-sac. The turnaround will improve traffic flow by eliminating the current practice of vehicles backing onto a narrow road. This change will provide safer access for both parties on this narrow roadway. Thank you for your consideration. Sincerely, Mr. Edward Swart 2 Meadowlark Lane Rolling Hills, California 90274 cs3 s PENINSULA February 7, 2004 Board of Directors Rolling Hills Community Association One Portuguese Bend Road Rolling Hills, CA 90274 Dear Board of Directors: This letter serves as notification of our approval for the construction of a three car garage at Gary and Erica Mizell's home at One Meadowlark. This addition will improve the safety of our street. Currently, they have to back out blindly of their driveway. In addition, we would like to request that the California pepper tree at the corner of their property and Meadowlark Lane be removed for safety. The tree has become so big, it blocks the view of oncoming traffic. Sincerely, et:tiCv ,Lc c Rick and Pat Hilliard 6 Meadowlark Lane Rolling Hills, CA 90274 (310) 377-4689 (D) PDMB 208 50 B Peninsula Center • Rolling Hills Estates • CA • 90274 • TEL (310) 377-4689 • FAX (310) 377-5289 • Lic. #493470 FL 6-te44—c) -40_eca h„oty/tio raALtL_A_6,c_- -Or)• .`tLL.-7,1 j L0,1 MAY 1 1,1 Zud CITY OF ROLLING HILLS By • Co) • RESOLUTION NO. 2004-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO PERMIT ENCROACHMENT WITH AN ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 688, AT 1 MEADOWLARK LANE (LOT 24-1- RH), (MIZELL). 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. Gary Mizell with respect to real property located at 1 Meadowlark Lane, Rolling Hills (Lot 24- 1-RH) requesting a Variance to encroach with a 570 square foot garage addition into the front setback and a Variance to exceed the maximum permitted disturbed area of the lot at an existing single family residence. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on May 18, 2004, June 15, 2004, and July 20, 2004 and at a field trip visit on June 15, 2004. 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. The Planning Commission reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Section 3. The applicants originally requested a 770 square foot addition. During the public hearing, the Commission determined that the addition would cause the lot to be overcrowded and recommended approval of a 570 square foot garage addition. Section 4. The entire residence, except for approximately 130 square feet, is located in the front setback along Meadowlark Lane. The residence was built in 1940. The proposed addition would continue encroaching into the front setback, however, it would be set back further from the roadway easement than the existing house. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (State of CA Guidelines), and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.16.120 requires the front setback for every residential parcel in the RA-S-1 Zone to be fifty (50) feet from the roadway easement line. The applicants are requesting to construct a 570 square foot addition, which will continue the encroachment into the front setback. With respect to this request for a Variance, the Planning Commission finds as follows: Reso. No. 2004-18 1 Mizell • • 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 in this manner in 1940. The lot was graded at that time to create several pads for construction of living area. The topography of the lot together with the fact that the existing residence is located very close to the roadway easement and in the front setback creates a difficulty in constructing the addition elsewhere on the property. 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 2,308 square feet and has no garage. The applicants stated that they purchased the property in 1999 in its current condition, without a garage. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the addition elsewhere on the property. With the addition of a 570 square foot garage, the residence would still be smaller than the average home in the vicinity. 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 screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences and directly across a garage belonging to the property across the way, so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. 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 area for a future stable and corral will be set aside. 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 and the Zoning Code requirement that each single family residence have a minimum of two -car garage. Section 7. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 688 to permit a 570 square foot garage addition to encroach into the front setback, subject to the requirements of Section 10 of this Resolution. Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit. approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary Reso. No. 2004-18 2 Mizell • • circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area. With respect to this request for a Variance for lot disturbance of 47.8%, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the maximum permitted disturbance is necessary because the disturbance already exceeds the maximum permitted by 6.3%. The additional disturbance will be minimal and will be created mostly when the stable is constructed. 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 Variance is necessary because of the existing conditions of the lot, and due to the requirement that every single family residence must have a minimum of a two -car garage. 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 screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences and directly across a garage belonging to the property across the way, so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. Section 9. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 688 to permit a disturbed area of 47.8% of the net lot area, subject to the conditions specified in Section 10 of this Resolution. Section 10. The Variance approval regarding the encroachment of the proposed addition into the front setback approved in Section 7, and the Variance regarding the exceedance of the disturbed net lot area approved in Section 9 of this Resolution are subject to the following conditions: A. The Variance approvals shall expire within one year from the effective date of approval as defined in Section 17.38.070(A) of the Zoning Ordinance unless otherwise extended pursuant to the requirements of that section. B. If any conditions of approval are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the Reso. No. 2004-18 3 Mizell • • 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 Building Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with, unless otherwise set forth in this approval. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated July 8, 2004 except as otherwise provided in these conditions. E. Structural lot coverage shall not exceed 4,388 square feet or 18.7% in conformance with structural lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 7,653 square feet or 32.7% in conformance with total lot coverage limitations. G. The disturbed area of the lot shall not exceed 47.8% in conformance with disturbed area limitations, as approved by this Variance. H. Residential building pad coverage on the 5,122 square foot existing residential building pad shall not exceed 3,458 square feet or 67.5%. The hobby shop pad coverage shall not exceed 19.7%. I. No grading is necessary for this project. J. Prior to conducting final inspection of the garage addition, an inspection of that part of the residence that was converted from a garage to living quarters shall be conducted by the Los Angeles County Building and Safety Department. The applicant shall request such an inspection and pay all applicable fees. If any deficiencies are found, they shall be corrected prior to securing a final inspection from the Building and Safety Department for the addition. K In the event that the approvals contained in this Resolution expire, the City will immediately initiate code enforcement proceedings to assure that a legal two car garage is provided on the property. L The area of the front yard east of the proposed garage addition and turn around area, shall be landscaped. Landscaping shall include water efficient irrigation, to the maximum extent feasible, 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 in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. If trees are to be used in the landscaping scheme for this project, they shall at full maturity not exceed the ridge height of the residence. Reso. No. 2004-18 4 Mizell 4 • M. The Pepper Tree and shrubs located at the corner of Saddleback Road and Meadowlark Lane on subject property, shall be removed, trimmed or cut down to the satisfaction of staff to allow for visibility of oncoming traffic on Saddleback Road. N. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. 0 During construction, conformance with local ordinances and engineering practices so that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. P. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. Q. During construction, the Erosion Control Plan containing. the elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution as required by the County of Los Angeles. R. During and after construction, all parking shall take place on the project site. S. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of storm water drainage facilities. U. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste and storm water pollution prevention. U-1. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development, shall require the filing of a new application for approval by the Planning Commission. Reso. No. 2004-18 5 Mizell • V. Prior to granting a final inspection and/or certificate of occupancy, all utility lines to the residence shall be placed underground. W. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. X. If an above ground drainage system is utilized, it shall be designed in such a manner as not to cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. Y. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. Z. The City's requirements related to outdoor lighting, roofing material and construction and all other requirements shall be complied with. AA. Prior to issuance of a building permit, the project shall be reviewed and approved by the Rolling Hills Community Association. AB. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variance approvals, pursuant to Sections 17.38.060 or the approval shall not be effective. AC. All conditions, when applicable, of the Variance approvals must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JULY 2004. ARVEL WITTE, CHAIRMAN ATTEST: ' CI\ MARILYN KERN, DEPUTY CITY CLERK Rcso. No. 2004-18 6 Mizell • • STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2004-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO PERMIT ENCROACHMENT WITH AN ADDITION INTO THE FRONT YARD SETBACK AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 688, AT 1 MEADOWLARK LANE (LOT 24-1-RH), (MIZELL). was approved and adopted at a regular meeting of the Planning Commission on July 20, 2004 by the following roll call vote: AYES: Commissioners DeRoy, Hankins, Margeta, Sommer and Chairman Witte. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. No. 2004-18 7 Mizell • Ciiy opn fenS JJ,FP, DATE: JULY 20, 2004 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 688 1 MEADOWLARK LANE (LOT 24-1-RH) RAS-1, 1.01 ACRES GROSS MR. AND MRS. GARY MIZELL CHERYL MOORADIAN, ARCHITECT MAY 8, 2004 A request for a Variance to construct an addition, (garage), which would encroach into the front setback and a Variance to exceed the maximum permitted disturbed area of the lot at an existing single family residence. BACKGROUND 1. At the June 15, 2004 Planning Commission meeting, the Commission directed the applicant to decrease the size of the proposed garage from 770 square feet to 570 square feet and directed staff to prepare a Resolution of Approval for a Variance to construct a 570 square foot addition and a Variance to exceed the maximum permitted net lot coverage. The vote was 4-1, with Commissioner Margeta opposing the project. 2. The Commission kept the public hearing open, allowing the property owner an opportunity to either submit a plan meeting the Commission's approval for a 570 square foot addition, or submit a different plan for Commission's continued consideration. 3. The applicants revised their plan showing a 570 square foot garage addition in agreement with the Commission's approval. Staff prepared a Resolution of Approval, which is attached. Resolution No. 2004-18 incorporates the revisions. The architect was also able to decrease the size of the driveway and disturbed area from the previous proposal. 4. The proposed structure is at an angle to the residence to allow for a greater front yard, longer driveway, and therefore, more room for maneuvering of cars without backing onto the narrow street, and to provide for a visual separation of the garage from the main residence. The applicants reduced the ZC No. 688 PC 7/20/04 f''nni oar c+n il,c,“a.,r3 f':u,nr • • proposed garage by 5 feet or 110 square feet at the end of the previously proposed structure and by 90 feet to the rear. The angle of the proposed garage as it meets the residence does not allow for a full parking stall or a proper area for backing out of the garage. Therefore, this area was reduced in size to accommodate storage. In addition, the owners wanted to maintain the existing ridge height throughout the garage addition for a simple and integrated roof line. For these reasons, the applicants could not simply reduce the garage by 200 square feet at the east end of the originally proposed structure. With this new design, the applicants were able to reduce the size of the driveway by 330 square feet, and the disturbed area by 2.3%. 5. The net lot area of the parcel, as calculated for development purposes, is 23,406 square feet. The structural net lot coverage is proposed to be 4,388 square feet or 18.7% of the net lot area, which includes the residence, addition, existing pool and hobby shop, service yard and the future stable The existing structural lot coverage totals 3,272 square feet or 14.0%, (20% maximum permitted). 6. The proposed total lot coverage will be 7,653 square feet or 32.7% of the net lot area, (previously 7,984 square feet or 34.1%). The existing total lot coverage is 6,147 square feet or 26.3.0%. (35(3/. maximum permitted). 7. There are three building pads on the property. Most of the level pad on which the residence is located is in the front setback, therefore, it is not counted towards residential building pad. The total flat portion beyond the front setback includes the pool pad and is 5,122 square feet. The structural lot coverage on this building pad, which includes the existing house, the proposed addition, service yard and the pool, is proposed to be 3,458 square feet or 67.5%. Currently the coverage on this pad is 56.5%. The hobby shop building pad is 2,434 square feet with coverage of 19.7%. The future stable pad will be 900 square feet, however only 60 square feet will be outside the setback, and therefore, only the 60 square feet is counted as the buildable pad. The coverage on the 60 square feet stable pad will be 450 square feet or 750%. The total pads consist of 7,616 square feet for combined building pad coverage of 57.1%. 8. With the reduction in the proposed addition and the driveway, the disturbed area of the lot will be 11,203 square feet or 47.8% (previously 11,734 square feet or 50.1%), which includes the future stable, (40% maximum permitted). Currently the disturbed area is 46.3%. 9. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 10. Access to the property will be moved approximately 20 feet from center line to center line to the east from the existing driveway. The existing portion of the driveway approach, which will no longer be utilized, will be closed off and landscaped. Access to the future stable will be from an existing non -paved access ZC No. 688 PC 7/20/04 2 from Saddleback Road. The Traffic Engineer reviewed and recommended the driveway location. 11. Letters of support for this project are attached. 12. It will be a requirement that all utility lines to the residence/garage be placed underground. 13. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the Planning Commission consider the staff report and adopt Resolution No. 2004-18. ZC No. 688 PC 7/20/04 ZONING CASE NO. 688 CRITERIA & MAJOR IMPACTS RA -S-1 Zone Setbacks: Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Structures (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36- month period). Grading 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. Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Building Pad Coverage (30% maximum) Residential/Pool pad Hobby Shop Stable Combined Roadway Access Access to Stable Preserve Views Preserve Plants and Animals ZC No. 688 PC 7/20/04 EXISTING Residence with accessory structures and uses Residence 2,308 sq.ft. Garage 0 sq.ft. Swim Pool 484 sq.ft. Stable 0 sq.ft. Service Yard 0 sq.ft. Hobby shop 480 sa.ft TOTAL 3,272 sq.ft. None 46.3% 14.0% 26.3% 56.5% 19.7% none 43.3% Existing off Meadowlark Lane From Saddleback Rd. N/A N/A 4 PREVIOUSLY PROPOSED Variance to encroach with addition and Variance for disturbed area Res. 2,308 sq.ft. Garage 770 sq.ft. Swim Pool 484 sq.ft. Stable 450 sq.ft. Service Yard 96 sq.ft. Hobby shop 480 sa.ft. TOTAL 4,588 sq.ft. None 50.1% of 23,406 square feet net lot area. (Requires Variance) 20.0% 35.0% 71.4% of 5,122 sq.ft. pad 19.7% of 2,434 sq.ft. pad 750% (60 sq.ft. area counted) 60.2% of 7,616 sq.ft. building pads Move drwy approach 20 feet center line to center line From Saddleback Rd. Planning Commission condition Planning Commission condition PROPOSED Variance to encroach with addition and Variance for disturbed area Res. 2,308 sq.ft. Garage 570 sq.ft. Swim Pool 484 sq.ft. Stable 450 sq.ft. Service Yard 96 sq.ft. Hobby shop 480 sa.ft. TOTAL 4,388 sq.ft. None 47.8% of 23,406 square feet net lot area. (Requires Variance) 18.7% 32.7% 67.5% of 5,122 sq.ft. pad 19.7% of 2,434 sq.ft. pad 750% (60 sq.ft. area counted) 57.1% of 7,616 sq.ft. building pads Move drwy approach 20 feet center line to center line From Saddleback Rd. Planning Commission condition Planning Commission condition VARIANCE REQUIRED 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; and 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; and 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; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; 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. RESIDENCES IN THE VICINITY — FOR INFORMATION PURPOSE ONLY ADDRESS OWNER RESIDENCE (SQ.FT.) 2 Meadowlark Swart 3,007 3 Meadowlark Gibson 2,197 6 Meadowlark Hilliard 4,348 2 Saddleback Road Howell 3,781 2 Eucalyptus Lane DeMucci 5,110 4 Eucalyptus Lane D'Ambra 3,198 6 Eucalyptus Lane Marcotte 4,774 AVERAGE I 3,773 1 Meadowlark EXISTING 12,308 PROPOSED 570 garage SOURCE: Los Angeles County Assessors Records The above do not include garages ZC No. 688 PC 7/20/04 LOT SIZE ACRES (excl. road easement) 38,330 66,490 74,490 45,740 69,260 52,272 54,885 57,352 43,996 • WILLDAN Serving Public Agencies To: Craig R. Nealis, City Manager , From: Ed Cline, Traffic Engineer Date: June 4, 2004 • MEMORANDUM Subject: PROPOSED DRIVEWAY ON MEADOWLARK LANE Rolling Hills On May 27, 2004, following the Traffic Commission meeting, we took a field trip to review a proposed driveway relocation on Meadowlark Lane. The proposal involves relocating an existing driveway about 20 feet closer to Saddleback Road. The proposed new location of the driveway would align with the existing residential driveway on the opposite side of Meadowlark Lane. The proposed driveway would improve driver's ability to exit both the proposed driveway and the existing driveway onto Meadowlark Lane. Currently driveway egress from both driveways is limited by the narrow width of Meadowlark Lane. For this reason, I recommend that the proposed driveway be approved from the traffic engineering point of view. EC:jmk/Iss (06-160) 55432\1002\M05 � bJ May 10, 2004 Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: l Meadowlark Lane, Rolling Hills Dear Sirs; We have discussed the proposed driveway changes and garage addition with Mr. Mizell and their designer, Ms. Cheryl Mooradian. We support their proposal to: l . Relocate their existing driveway off Meadowlark Lane to a location opposite our attached garage. 2. Provide an off-street turnaround area for vehicles. 3. Provide off-street parking. We feel this change will greatly improve accessibility to our home as well as the other residences on the cul-de-sac. The turnaround will improve traffic flow by eliminating the current practice of vehicles backing onto a narrow road. This change will provide safer access for both parties on this narrow roadway. Thank you for your consideration. Sincerely, Mr. Edward Swart 2 Meadowlark Lane Rolling Hills, California 90274 PENINSULA February 7, 2004 Board of Directors Rolling Hills Community Association One Portuguese Bend Road Rolling Hills, CA 90274 Dear Board of Directors: This Letter serves as notification of our approval for the construction of a three car garage at Gary and Erica Mizell's home at One Meadowlark. This addition will improve the safety of our street. Currently, they have to back out blindly of their driveway. In addition, we would like to request that the California pepper tree at the corner of their property and Meadowlark Lane be removed for safety. The tree has become so big, it blocks the view of oncoming traffic. Sincerely O >r m- a 6- Rick and Pat Hilliard 6 Meadowlark Lane Rolling Hills,CA 90274 (310) 377-4689 PN1B 208 50 B Peninsula Center • Rolling Hills Estates • CA • 90274 • TEL (310) 377-4689 • FAX (310) 377-5289 • Lic. #493470 u444.4t%/4,0,a_740.4t, °°L fl&OLZAI'Vea 7,4 rcvu, -b&t.t) iFt rsZ tj \ --t M •-• n f Or{ OF ROLLING HILLS Ej RESOLUTION NO. 2004-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO PERMIT ENCROACHMENT WITH AN ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 688, AT 1 MEADOWLARK LANE (LOT 24-1- RH), (MIZELL). 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. Gary Mizell with respect to real property located at 1 Meadowlark Lane, Rolling Hills (Lot 24- 1-RH) requesting a Variance to encroach with a 570 square foot garage addition into the front setback and a Variance to exceed the maximum permitted disturbed area of the lot at an existing single family residence. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on May 18, 2004, June 15, 2004, and July 20, 2004 and at a field trip visit on June 15, 2004. 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. The Planning Commission reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Section 3. The applicants originally requested a 770 square foot addition. During the public hearing, the Commission determined that the addition would cause the lot to be overcrowded and recommended approval of a 570 square foot garage addition. Section 4. The entire residence, except for approximately 130 square feet, is located in the front setback along Meadowlark Lane. The residence was built in 1940. The proposed addition would continue encroaching into the front setback, however, it would be set back further from the roadway easement than the existing house. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (State of CA Guidelines), and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.16.120 requires the front setback for every residential parcel in the RA-S-1 Zone to be fifty (50) feet from the roadway easement line. The applicants are requesting to construct a 570 square foot Reso. No. 2004-18 1 Mizell • • addition, which will continue the encroachment into the front setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The property has been developed in this manner in 1940. The lot was graded at that time to create several pads for construction of living area. The topography of the lot together with the fact that the existing residence is located very close to the roadway easement and in the front setback creates a difficulty in constructing the addition elsewhere on, the property. 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 2,308 square feet and has no garage. The applicants stated that they purchased the property in 1999 in its current condition, without a garage. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the addition elsewhere on the property. With the addition of a 570 square foot garage, the residence would still be smaller than the average home in the vicinity. 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 screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences and directly across a garage belonging to the property across the way, so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. 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 area for a future stable and corral will be set aside. 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 and the Zoning Code requirement that each single family residence have a minimum of two -car garage. Section 7. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 688 to permit a 570 square foot garage addition to encroach into the front setback, subject to the requirements of Section 10 of this Resolution. Reso. No. 2004-18 Mizell 2 'I • Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area. With respect to this request for a Variance for lot disturbance of 47.8%, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone. The Variance for the maximum permitted disturbance is necessary because the disturbance already exceeds the maximum permitted by 6.3%. The additional disturbance will be minimal and will be created mostly when the stable is constructed. 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 Variance is necessary because of the existing conditions of the lot, and due to the requirement that every single family residence must have a minimum of a two -car garage. 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 screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences and directly across a garage belonging to the property across the way, so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. Section 9. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 688 to permit a disturbed area of 47.8% of the net lot area, subject to the conditions specified in Section 10 of this Resolution. Section 10. The Variance approval regarding the encroachment of the proposed addition into the front setback approved in Section 7, and the Variance regarding the exceedance of the disturbed net lot area approved in Section 9 of this Resolution are subject to the following conditions: A. The Variance approvals shall expire within one year from the effective date of approval as defined in Section 17.38.070(A) of the Zoning Ordinance unless otherwise extended pursuant to the requirements of that section. Reso. No. 2004-18 Mizell • • B. If any conditions of approval are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have 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 Building Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with, unless otherwise set forth in this approval. D. The lot shall be developed . and maintained in substantial conformance with the site plan on file marked Exhibit A and dated July 8, 2004 except as otherwise provided in these conditions. E. Structural lot coverage shall not exceed 4,388 square feet or 18.7% in conformance with structural lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 7,653 square feet or 32.7% in conformance with total lot coverage limitations. G. The disturbed area of the lot shall not exceed 47.8% in conformance with disturbed area limitations, as approved by this Variance. H. Residential building pad coverage on the 5,122 square foot existing residential building pad shall not exceed 3,458 square feet or 67.5%. The hobby shop pad coverage shall not exceed 19.7%. I. No grading is necessary for this project. J. Prior to conducting final inspection of the garage addition, an inspection of that part of the residence that was converted from a garage to living quarters shall be conducted by the Los Angeles County Building and Safety Department. The applicant shall request such an inspection and pay all applicable fees. If any deficiencies are found, they shall be corrected prior to securing a final inspection from the Building and Safety Department for the addition. K In the event that the approvals contained in this Resolution expire, the City will immediately initiate code enforcement proceedings to assure that a legal two car garage is provided on the property. L The area of the front yard east of the proposed garage addition and turn around area, shall be landscaped. Landscaping shall include water efficient irrigation, to the maximum extent feasible, 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 in Reso. No. 2004-18 Mizell 4 13 • • accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. If trees are to be used in the landscaping scheme for this project, they shall at full maturity not exceed the ridge height of the residence. M. The Pepper Tree and shrubs located at the corner of Saddleback Road and Meadowlark Lane on subject property, shall be removed, trimmed or cut down to the satisfaction of staff to allow for visibility of oncoming traffic on Saddleback Road. N. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. 0 During construction, conformance with local ordinances and engineering practices so that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. P. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. Q. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution as required by the County of Los Angeles. R. During and after construction, all parking shall take place on the project site. S. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of storm water drainage facilities. U. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste and storm water pollution prevention. Reso. No. 2004-18 5 Mizell • • V. Prior to granting a final inspection and/or certificate of occupancy, all utility lines to the residence shall be placed underground. W. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. X. If an above ground drainage system is utilized, it shall be designed in such a manner as not to cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. Y. The property on which the project is located shall contain an area of minimum of 1,000 square feet to provide an area meeting all standards for a stable (450 square feet) and corral (550 square feet) with access thereto. Z. The City's requirements related to outdoor lighting, roofing material and construction and all other requirements shall be complied with. AA. Prior to issuance of a building permit, the project shall be reviewed and approved by the Rolling Hills Community Association. AB. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variance approvals, pursuant to Sections.17.38.060 or the approval shall not be effective. AC. All conditions, when applicable, of the Variance approvals must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JULY 2004. ARVEL WITTE, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. No. 2004-18 6 Mizell 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2004-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO PERMIT ENCROACHMENT WITH AN ADDITION INTO THE FRONT YARD SETBACK AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT AREA AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 688, AT 1 MEADOWLARK LANE (LOT 24-1-RH), (MIZELL). was approved and adopted at a regular meeting of the Planning Commission on July 20, 2004 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. No. 2004-18 7 Mizell • C14 o/ 12 Q6..p �'QP • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com DATE: JUNE 15, 2004 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 688 1 MEADOWLARK. LANE (LOT 24-1-RH) RAS-1, 1.01 ACRES GROSS MR. AND MRS. GARY MIZELL CHERYL MOORADIAN, ARCHITECT MAY 8, 2004 REQUEST A request for a Variance to construct an addition, (garage), which would encroach into the front setback and a Variance to exceed the maximum permitted disturbed area of the lot at an existing single family residence. BACKGROUND 1. On May 18, 2004, the Planning Commission scheduled a field trip to the subject property for June 15, 2004. 2. The applicants are requesting a Variance to construct a 770 square foot garage addition to an existing 2,308 square foot residence, which would encroach into the front setback. In addition, the applicants are seeking a Variance to exceed the maximum permitted disturbed area of the lot. 3. The existing residence is 2,308 square feet and has no garage. The applicants stated that they purchased the property in 1999 in its current condition, without a garage. Other structures on the lot include a 484 square foot swimming pool, and a 480 square foot hobby shop. 4. The lot is irregular in shape and two of the longest sides have street frontage, Meadowlark Lane and Saddleback Road. The house was constructed in its present location in 1940, and consisted of 1,470 square feet. The entire house is located in the front setback. A stable was also built in 1940. 5. The original lot was over 2 acres in size. In 1967 a two -lot subdivision was approved, creating an irregularly shaped lot that is difficult to build on because of the topography of the land and because of the large easements along the two ZC No. 688 PC 6/15/04 1 @Printed on Recycled Riper streets. The subject lot at 1.01 acres in size, and the adjacent lot (2 Saddleback Road) is 1.05 acres, excluding easements. 6. In 1972 the City approved a Variance for a 2,870 square foot addition in the front setback, for a 4,340 square foot house, which included a garage. Records show that the Planning Commission at that time found that "although the 4,340 square foot residence would feel overbuilt for the lot, in this case an old house on a less than desirable lot, could be detrimental to the area, but the planned improvements could substantially increase the property value of the house and surrounding properties." The Commission also found that the location of the residence on Meadowlark Lane near a cul-de-sac made this improvement desirable. The pool was constructed in 1972, 7. Of the approved 2,870 square foot addition in 1972, only 600 square feet was built. In 1979 another Variance was approved to add 240 square feet to the then existing garage, which also encroached into the front setback and was 12 feet from the roadway easement. The driveway was also moved about 15 feet to the east. Sometime, between 1979 and 1999, prior to the Mizell's purchase of the property, the garage was converted into living area. Should the request for the new garage be granted, the area converted from a garage to living quarters will have to be inspected by the Building and Safety Department to assure that the conversion was done to Code, and the property owners will have to obtain a retroactive building permit for the conversion. 8. Should the Commission approve the request, the applicants would be required to legalize the previous conversion by having it inspected and obtaining an "as built" building permit. Should the Commission deny the request, the applicants would be required .to convert a portion of the living area to a garage, since it is a requirement that each residence has a two -car garage. By converting 400 square feet of the living area to a garage, the size of the residence would become 1,908 square feet. 9. In 1979, the stable was converted to a hobby shop. Rolling Hills Community Association records indicate that such conversion was approved. At that time, the City's Zoning Ordinance did not have the requirement that an area for a stable and corral be set aside. This requirement was adopted in 1988. 10. The net lot area of the parcel, as calculated for development purposes, is 23,406 square feet. The structural net lot coverage is proposed to be 4,588 square feet or 20.0% of the net lot area, which includes the residence, addition, existing pool and hobby shop, service yard and the future stable The existing structural lot coverage totals 3,272 square feet or 14.0%, (20% maximum permitted). 11. The proposed total lot coverage will be 8,184 square feet or 34.96% of the net lot area. The existing total lot coverage is 6,147 square feet or 26.3.0%. (35% maximum permitted). 12. Disturbed area of the lot will be 11,734 square feet or 50.1%, which includes the future stable, (40% maximum permitted). Currently the disturbed ZC No. 688 PC 6/15/04 2 area is 46.3%. The difference being the required disturbance for the future stable pad. Also, over 75% of the front setback was disturbed previously for the construction of the residence. 13. There are three building pads on the property. Most of the level pad on which the residence is located is in the front setback, therefore, it is not counted towards residential building pad. The total flat portion beyond the front setback includes the pool pad and is 5,122 square feet. The structural lot coverage on this building pad, which includes the existing house, the proposed addition, service yard and the pool, is proposed to be 3,658 square feet or 71.4%. Currently the coverage on this pad is 56.5%. The hobby shop building pad is 2,434 square feet with coverage of 19.7%. The future stable pad will be 900 square feet, however only 60 square feet will be outside the setback, and therefore, only the 60 square feet is counted as the buildable pad. The coverage on the 60 square feet stable pad will be 450 square feet or 750%. The total pads consist of 7,616 square feet for combined building pad coverage of 60.2%. 14. Access to the property will be moved approximately 20 feet from center line to center line to the east from the existing driveway. The existing portion of the driveway approach, which will no longer be utilized, will be closed off and landscaped. Access to the future stable will be from an existing non -paved access from Saddleback Road. After consulting with the Traffic Commission Chairman, staff was directed to inspect the proposed driveway approach, and if no issues were found, to administratively approve it. The Traffic Engineer reviewed the proposed driveway and recommended approval. The approach will be moved to the east of the existing approach along a straight portion of the street. Meadowlark Lane is a very narrow street, with structures, including garages, located in the front setback, and very little area for turn -around. The proposed driveway will be opposite the driveway across the street. The neighbors indicated that they have no objections to such placement of the Mizell's driveway, as it will give both neighbors more maneuvering room. A letter to that effect from the neighbors is enclosed. 15. Responding to the criteria to be satisfied for the grant of the Variances the applicants' representative states as follows: a. The existing residence was built in 1939 before the zoning ordinance of the city was adopted and the residence does not conform to requirements for front yard set back or structural lot coverage. b. The property was subdivided in 1967 resulting in a small, irregularly shaped lot that is difficult to build on because of the contour of the land. The flat portion of the property or "building pad" lies almost entirely in the front yard. c. The 43,996 square foot property is triangular in shape and is situated on Meadowlark Lane and borders Saddleback Road on one side resulting in only 53 percent of the property not in the setbacks, (net lot area). This is almost half of the lot and is proportionally much smaller than other lots in the vicinity. ZC No. 688 PC 6/15/04 • • d. A Variance for Front Yard Encroachment was granted in 1972 "to preserve substantial property rights possessed by other property owners in the same vicinity and zone." A copy of the findings and the report is attached. Records show the square footage of the residence was 1,470 square feet. The 1972 approved addition was 2,870 square feet bringing the total residence to 4,340 square feet. Only a small portion of the addition was built. Currently, the applicant is requesting an addition of 770 square feet to the 2,308 square foot residence, bringing the total to 3,078 square feet. The total square footage is 26.8% less than the addition approved by the Planning Commission in 1972. e. Variance is requested to preserve substantial property rights consistent with others in the same neighborhood. Other properties in the immediate vicinity enjoy a guest house, stables, and an additional detached garage. No other property in the vicinity is encumbered on its two longest sides by roadway easements. f. The improvement would reflect favorably on surrounding properties by providing a garage for parking as well as off street parking on a narrow street where street parking restricts traffic flow. g. The Improvement of 770 square feet would add substantially to the value of the property. h. Requested improvement is consistent with improvements to the properties located in the vicinity. i. The relocation of the driveway will eliminate vehicles backing onto Meadowlark when exiting the property. The continuation of existing landscape screen will provide privacy for the adjacent property owner across Meadowlark whose front yard currently faces the existing driveway/parking area. j. Proposed garage is sited on a flat portion of the lot therefore requiring no grading and disturbance to the property. This site will not impact the existing drainage patterns on the lot. In addition, the proposed location of the garage is currently a brick driveway/parking area adjacent to an unimproved area that has very little natural vegetation or landscape material to remove. 16. Letters in support of this project are attached. 17. No grading is required for this project. 18. It will be required that utilities to the residence and garage be placed underground. 19. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 20. The Rolling Hills Community Association will review this project at a later date. RECOMMENDATION ZC No. 688 PC 6/15/04 4 It is recommended that the Planning Commission view the proposed project and take public testimony. ZONING CASE NO. 688 CRITERIA & MAJOR IMPACTS RA -S-1 Zone Setbacks: Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Structures (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). Grading 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. Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Building Pad Coverage (30% maximum Planning Commission guideline) Residential/Pool pad Hobby Shop Stable Combined Roadway Access Access to Stable Preserve Views Preserve Plants and Animals EXISTING Residence with accessory structures and uses Residence Garage Swim Pool Stable Service Yard Hobby shop TOTAL None 46.3% 14.0% 26.3% 56.5% 19.7% none 43.3% 2,308 sq.ft. 0 sq.ft. 484 sq.ft. 0 sq.ft. 0 sq.ft. 480 sa.ft.. PROPOSED Variance to encroach with addition and Variance for disturbed area Residence 2,308 sq.ft. Garage 770 sq.ft. Swim Pool 484 sq.ft. Stable 450 sq.ft. Service Yard 96 sq.ft. Hobby shop 480 sa.ft. 3,272 sq.ft. TOTAL 4,588 sq.ft. None Existing off Meadowlark Lane From Saddleback Rd. N/A N/A 50.1 % of 23,406 square feet net lot area. (Requires Variance) 20.0% 35.0% 71.4% of 5,122 sq.ft. pad 19.7% of 2,434 sq.ft. pad 750% (60 sq.ft. area counted) 60.2% of 7,616 sq.ft. building pads Move drwy approach 20 feet center line to center line From Saddleback Rd. Planning Commission review Planning Commission review ZC No. 688 PC 6/15/04 5 • • VARIANCE REQUIRED 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; and 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; and 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; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; 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. RESIDENCES IN THE VICINITY — FOR INFORMATION PURPOSE ONLY ADDRESS OWNER RESIDENCE (SQ.FT.) 2 Meadowlark Swart 3,007 3 Meadowlark Gibson 2,197 6 Meadowlark Hilliard 4,348 2 Saddleback Road Howell 3,781 2 Eucalyptus Lane DeMucci 5,110 4 Eucalyptus Lane D'Ambra 3,198 6 Eucalyptus Lane Marcotte 4,774 AVERAGE I 3,773 1 Meadowlark EXISTING 12,308 PROPOSED 770 garage SOURCE: Los Angeles County Assessors Records The above do not include garages ZC No. 688 PC 6/15/04. 6 LOT SIZE ACRES (excl. road easement) 38,330 66,490 74,490 45,740 69,260 52,272 54,885 57,352 43,996 .71.:Z.04' 2004 12:E2, ;3212 p.:C2/D02 Y • • W1LLDAN Serving Public Agencies MEMORANDUM To: Craig R. Nealis, City Manager . From: Ed Cline, Traffic Engineer Date: June 4, 2004 Subject: PROPOSED DRIVEWAY ON MEADOWLARK LANE Rolling Hills On May 27, 2004, following the Traffic Commission meeting, we took a field trip to reviewa proposed driveway relocation on Meadowlark Lane. The proposal involves relocating an existing driveway about 20 feet closer to Saddleback Road. The proposed new location of the driveway would align with the existing residential driveway on the opposite side of Meadowlark Lane. The proposed driveway would improve driver's ability to exit both the proposed driveway and the existing driveway onto Meadowlark Lane. Currently driveway egress from both driveways is limited by the narrow width of Meadowlark Lane. For this reason. I recommend that the proposed driveway be approved from the traffic engineering point of view. EC:jmk/Iss (06-160) 55432\1002%105 May 10, 2004 Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: l Meadowlark Lane, Rolling Hills Dear Sirs; We have discussed the proposed driveway changes and garage addition with Mr. Mizell and their designer, Ms. Cheryl Mooradian. We support their proposal to: l . Relocate their existing driveway offMeadowlark Lane to a location opposite our attached garage. 2. Provide an off-street turnaround area for vehicles. 3. Provide off-street parking. We feel this change will greatly improve accessibility to our home as well as the other residences on the cul-de-sac. The turnaround will improve traffic flow by eliminating the current practice of vehicles backing onto a narrow road. This change will provide safer access for both parties on this narrow roadway. Thank you for your consideration. Sincerely, C Mr. Edward Swart 2 Meadowlark Lane Rolling Hills, California 90274 • • PENINSULA 1/43611:AVillIztoinkivteisl February 7, 2004 Board of Directors Rolling Hills Community Association One Portuguese Bend Road Rolling Hills, CA 90274 Dear Board of Directors: This letter serves as notification of our approval for the construction of a three car garage at Gary and Erica Mizell's home at One Meadowlark. This addition will improve the safety of our street. Currently, they have to back out blindly of their driveway. In addition, we would like to request that the California pepper tree at the corner of their property and Meadowlark Lane be removed for safety. The tree has become so big, it blocks the view of oncoming traffic. Sincerely ( - /, Rcth Rick and Pat Hilliard 6 Meadowlark Lane Rolling Hills, CA 90274 (310) 377-4689 PN1B 208 50 B Peninsula Center • Rolling Hills Estates • CA • 90274 • TEL (310) 377-4689 • FAX (310) 37.7-5289 • Lic. #493470 • cfrJ- 6cre C ,f6AA) fea;/ • i.;L' • \- • C.V ev 1 • 0/ /'0ffini .W11 3 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com DATE: MAY 18, 2004 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM:. YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 688 1 MEADOWLARK LANE (LOT 24-1-RH) RAS-1, 1.01 ACRES GROSS MR. AND MRS. GARY MIZELL CHERYL MOORADIAN, ARCHITECT MAY 8, 2004 REOUEST A request for . a Variance to construct an addition, (garage), which would encroach into the front setback and a Variance to exceed the maximum permitted disturbed area of the lot at an existing single family residence. BACKGROUND 1. The applicants are requesting a Variance to construct a 770 square foot garage addition to an existing 2,308 square foot residence, which would encroach into the front setback. In addition, the applicants seek a Variance for the maximum permitted disturbed area of the lot. 2. The existing residence is 2,308 square feet and has no garage. The applicants stated that they have purchased the property in its current condition, without a garage. Other structures on the lot include a 484 square foot swimming pool, and a 480 square foot hobby shop. 3. The lot is irregular in shape and two of the longest sides have street frontage, Meadowlark Lane and Saddleback Road. The house was completed in its present location in 1940, and consisted of 1,470 square feet. The entire house is located in the front setback. A stable was also built in 1940. 4. The original lot was over 2 acres in size. In 1967 a two -lot subdivision was approved, creating an irregularly shaped lot that is difficult to build on because of the topography of the land and because of the large easements along the two streets. The subject lot at 1.01 acres in size, and the adjacent lot (2 Saddleback Road) is 1.05 acres, excluding easements. ZC No. 688 PC 5/18/04 @ PPrurierl On Recycled 5. In 1972 the City approved a Variance for a 2,870 square foot addition in the front setback, for a total of 4,340 square foot house, which included a garage. Records show that the Planning Commission at that time found that "although the 4,340 square foot residence would feel overbuilt for the lot, in this case an old house on a less than desirable lot, could be detrimental to the area, but the planned improvements could substantially increase the property value of the house and surrounding properties." The Commission also found that the location of the residence on Meadowlark Lane near a cul-de-sac made this improvement desirable. The pool was constructed in 1972. 6. Of the approved 2,870 square foot addition in 1972, only 600 square feet was built. In 1979 another variance was approved to add 240 square feet to the then existing garage, which also encroached into the front setback and was 12 feet from the roadway easement. The driveway was also moved about 15 feet to the east. Sometimes between 1979 and 1999, when the Mizell's purchased the property, the garage was converted into living area. Should the request for the new garage be granted, the area converted from a garage to living quarters will have to be inspected by the Building and Safety Department to assure that. the conversion was done to code, and the property owners will have to obtain a retroactive building permit for the conversion. 7. In 1979, the stable was converted to a hobby shop. Rolling Hills Community Association records indicate that such conversion was approved. At that time, the City's Zoning Ordinance did not have the requirement that an area for a stable and corral be set aside. This requirement was adopted in 1988. 8. The net lot area of the parcel, as calculated for development purposes, is 23,406 square feet. The structural net lot coverage is proposed to be 4,588 square feet or 20.0% of the net lot area, which includes the residence, addition, existing pool and hobby shop, service yard and the future stable The existing structural lot coverage totals 3,272 square feet or 14.0%, (20% maximum permitted). 9. The proposed total lot coverage will be 8,184 square feet or 34.96% of the net lot area. The existing total lot coverage is 6,147 square feet or 26.3.0%. (35% maximum permitted). 10. Disturbed area of the lot will be 11,734 square feet or 50.1%, which includes the future stable, (40% maximum permitted). Currently the disturbed area is 46.3%. The difference being the required disturbance for the future stable pad. Also, over 75% of the front setback was disturbed previously for the construction of the residence. 11. There are three building pads on the property. Most of the level pad on which the residence is located is in the front setback, therefore, it is not counted towards residential building pad. The total flat portion beyond the front setback includes the pool pad and is 5,122 square feet. The structural lot coverage on this building pad, which includes the existing house, the proposed addition, service yard and the pool, is proposed to be 3,658 square feet or 71.4%. Currently the coverage on this pad is 56.5%. ZC No. 688 PC 5/18/04 2 The hobby shop building pad is 2,434 square feet with coverage of 19.7%. The future stable pad will be 900 square feet, however only 60 square feet will be outside the setback, and therefore, only the 60 square feet is counted as the buildable pad. The coverage on the 60 square feet stable pad will be 450 square feet or 750%. The total pads consist of 7,616 square feet for combined building pad coverage of 60.2%. 12. Access to the property will be moved approximately 20 feet from center line to center line to the east from the existing driveway. The existing portion of the driveway approach, which will no longer be utilized, will be closed off and landscaped. Access to the future stable will be from an existing non -paved access from Saddleback Road. After consulting with the Traffic Commission Chairman, staff was directed to inspect the proposed driveway approach, and if no issues were found, to administratively approve it. The approach will be moved to the east of the existing approach along a straight portion of the street. Meadowlark Lane is a very narrow street, with structures, including garages, located in the front setback, and very little area for turn -around. The proposed driveway will be opposite the driveway across the street. The neighbors indicated that they have no objections to such placement of the Mizell's driveway, as it will give both neighbors more maneuvering room. A letter to that effect is expected from the neighbors. 13. Responding to the criteria to be satisfied for the grant of the Variances the applicants' representative states as follows: a. The existing residence was built in 1939 before the zoning ordinance of the city was adopted and the residence does not conform to requirements for front yard set back or structural lot coverage. b. The property was subdivided in 1967 resulting in a small, irregularly shaped lot that is difficult to build on because of the contour of the land. The flat portion of the property or "building pad" lies almost entirely in the front yard. c. The 43,996 square foot property is triangular in shape and is situated on Meadowlark Lane and borders Saddleback Road on one side resulting in only 53 percent of the property not in the setbacks, (net lot area). This is almost half of the lot and is proportionally much smaller than other lots in the vicinity. d. A Variance for Front Yard Encroachment was granted in 1972 "to preserve substantial property rights possessed by other property owners in the same vicinity and zone." A copy of the findings and the report is attached. Records show the square footage of the residence was 1,470 square feet. The 1972 approved addition was 2,870 square feet bringing the total residence to 4,340 square feet. Only a small portion of the addition was built. Currently, the applicant is requesting an addition of 770 square feet to the 2,308 square foot residence, bringing the total to 3,078 square feet. The total square footage is 26.8% less than the addition approved by the Planning Commission in 1972. e. Variance is requested to preserve substantial property rights consistent with others in the same neighborhood. Other properties in the immediate vicinity enjoy a guest house, stables, and an additional detached garage. No ZC No. 688 PC 5/18/04 3 • other property in the vicinity is encumbered on its two longest sides by roadway easements. f. The improvement would reflect, favorably on surrounding properties by providing a garage for parking as well as off street parking on a narrow street where street parking restricts traffic flow. g. The Improvement of 770 square feet would add substantially to the value of the property. h. Requested improvement is consistent with improvements to the properties located in the vicinity. i. The relocation of the driveway will eliminate vehicles backing onto Meadowlark when exiting the property. The continuation of existing landscape screen will provide privacy for the adjacent property owner across Meadowlark whose front yard currently faces the existing driveway/parking area. j. Proposed garage is sited on a flat portion of the lot therefore requiring no grading and disturbance to the property. This site will not impact the existing drainage patterns on the lot. In addition, the proposed location of the garage is currently a brick driveway/parking area adjacent to an unimproved area that has very little natural vegetation or landscape material to remove. 14. A letter in support of this project is attached. 15. No grading is required for this project. 16. It will be required that utilities to the residence be placed underground. 17. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 18. The Rolling Hills Community Association will review this project at a later date. RECOMMENDATION It is recommended that the Planning Commission review the staff report and take public testimony. ZC No. 688 PC 5/18/04 4 VARIANCE REQUIRED 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; and 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; and 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; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; 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. RESIDENCES IN THE VICINITY — FOR INFORMATION PURPOSE ONLY RESIDENCE LOT SIZE ADDRESS OWNER (SQ.FT.) ACRES (excl. road easement) 2 Meadowlark Swart 3,007. I 38,330 3 Meadowlark Gibson 2,197 66,490 6 Meadowlark Hilliard 4,348 74,490 2 Saddleback Road Howell 3,781 45,740 2 Eucalyptus Lane DeMucci 5,110 69,260 4 Eucalyptus Lane D'Ambra 3,198 52,272 6 Eucalyptus Lane Marcotte 4,774 I 54,885 AVERAGE 3,773 ( 57,352 1 Meadowlark EXISTING 12,308 43,996 PROPOSED 770 garage SOURCE: Los Angeles County Assessors Records The above do not include garages ZC No. 688 PC 5/18/04 5 ZONING CASE NO. 688 CRITERIA & MAJOR IMPACTS RA -S-1 Zone Setbacks: Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Structures (Site Plan Review required if size of structure increases by at least 1,000 sq.ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). Grading 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. Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Building Pad Coverage (30% maximum Planning Commission guideline) Residential/Pool pad Hobby Shop Stable Combined Roadway Access Access to Stable Preserve Views Preserve Plants and Animals EXISTING Residence with accessory structures and uses Residence Garage Swim Pool Stable Service Yard Hobby shop TOTAL None 2,308 sq.ft. 0 sq.ft. 484 sq.ft. 0 sq.ft. 0 sq.ft. 480 sa.ft.. PROPOSED Variances to encroach with addition; total lot coverage and disturbed area Residence Garage Swim Pool Stable Service Yard Hobby shop 2,308 sq.ft. 770 sq.ft. 484 sq.ft. 450 sq.ft. 96 sq.ft. 480 sa.ft.. 3,272 sq.ft. TOTAL 4,588 sq.ft. None 46.3% 50.1% of 23,406 square feet net lot area. (Requires Variance) 14.0% 26.3% 56.5% 19.7% none 43.3% Existing off Meadowlark Lane From Saddleback Rd. N/A N/A 20.0% 35.0% 71.4% of 5,122 sq.ft. pad 19.7% of 2,434 sq.ft. pad 750% (60 sq.ft. area counted) 60.2% of 7,616 sq.ft. building pads Move drwy approach 20 feet center line to center line From Saddleback Rd. Planning Commission will review Planning Commission will review ZC No. 688 PC 5/18/04 6 PENINSULA February 7, 2004 Board of Directors Rolling Hills Community Association One Portuguese Bend Road Rolling Hills, CA 90274 Dear Board of Directors: This letter serves as notification of our approval for the construction of a three car garage at Gary and Erica Mizell's home at One Meadowlark. This addition will improve the safety of our street. Currently, they have to back out blindly of their driveway. In addition, we would like to request that the California pepper tree at the corner of their property and Meadowlark Lane be removed for safety. The tree has become so big, it blocks the view of oncoming traffic. Sincerely , 4-1,Ltc Rick and Pat Hilliard 6 Meadowlark Lane Rolling Hills, CA 90274 (310) 377-4689 PMB 208 50 B Peninsula Center • Rolling Hills Estates • CA • 90274 • TEL (310) 377-4689 • FAX (310) 377-5289 • Lic. #493470