531, Construct a new SFR (6500 sq f, Staff Reports• •
City ol R0/fi4 Jhff
MEETING DATE: JANUARY 21, 1997
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: LOLA UNGAR, PRINCIPAL PLANNER
SUBJECT: ZONING CASE NO. 531
Mr. and Mrs. William Rogers, 20 Portuguese Bend Road
(Lot 58-A-RH)
Request for a one year extension of time.
BACKGROUND
Attached is a request from Mr. and Mrs. William Rogers requesting a one year time
extension for a previously approved Variance to encroach into the front yard setback
to construct a residence and a previously approved site plan review for the
construction of a new single family residence in Zoning Case No. 531 that was
approved by the Commission (Resolution No. 95-19) on December 19, 1995.
Mr. and Mrs. Rogers say that the time extension is necessary because Rolling Hills
Community Association Architectural review took longer than anticipated and
time is needed in order to complete County requirements.
RECOMMENDATION
It is recommended that the Planning Commission review the request.
Printed on Recycled Paper.
December 12,1996
City of Rolling Hills
no. 2 Portuguese Bend Road
Rolling Hills Calif.
att: Lola Ungar
0 IL
DEC 1 8 1996
CITY OF RC..' :•: 1:..•LLS
By
We would like to request an extension to our
approval of zoning case no. 531, resolution no. 95-19.
Our approval from the Architectural Committee took much
longer than we had anticipated. We are currently in the final
stages of design and working drawings.
Mr. and Mrs. William Rorgers
RESOLUTION NO. 95-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
ENCROACHMENT INTO THE FRONT YARD SETBACK TO
CONSTRUCT A RESIDENCE AND GRANTING SITE PLAN REVIEW
APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 531.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs. William Rogers
with respect to real property located at 20 Portuguese Bend Road, Rolling Hills (Lot
58-RH) requesting a Variance to permit encroachment into the front yard setback to
construct a residence and Site Plan Review for the construction of a new single
family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on September 19, 1995 and October 17, 1995, and
at a field trip visit on September 30, 1995. The Traffic Commission reviewed the
relocation of the driveway on November 30, 1995.
Section 3. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (State CA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity.
Section 17.16.110 requires the front yard setback for every residential parcel to be fifty
(50) feet. The applicant is requesting to encroach up to a maximum 32 feet into the
50 foot front yard setback to construct a single family residence. 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 or to the intended use that do not apply generally to the
other property or class of use in the same zone because the lot is a long and narrow
irregular -shaped lot. The existing legal nonconforming residence was built with the
front yard setback and the existing building pad is located close to the street. The new
residence will be constructed to allow open space near the front of the residence.
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 it
avoids the necessity of grading to create the building pad on this irregular shaped lot
and there will not be any greater incursion into the front setback than already exists
at the existing site and at other property in the same vicinity. Also, the Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties.
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. Development on the pad will allow a
substantial portion of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 531 to permit the construction of
a residence that will encroach a maximum of thirty-two (32) feet into the front yard
setback, as indicated on the development plan submitted with this application and
incorporated herein by reference as Exhibit A, subject to the conditions specified in
Section 8 of this Resolution.
Section 6. Section 17.46.030 requires a development plan to be submitted
for site plan review and approval before any building or structure may be
constructed or any expansion, addition, alteration or repair to existing buildings may
be made which involve changes to grading or an increase to the size of the building
or structure by at least 1,000 square feet and has the effect of increasing the size of the
building by more than twenty-five percent (25%) in any thirty-six (36) month period.
With respect to the Site Plan Review application, the Planning Commission makes
the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structure complies
with the General Plan requirement of low profile, low density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code setback and lot coverage requirements with the
Variance approved in Sections 5 of this Resolution. The lot has a net square foot
area of 178,085 square feet. The proposed residence (6,528 sq.ft.), guest house/garage
(1,113 sq.ft.), swimming pool (650 sq.ft.), and covered patio (161 sq.ft.) will have 9,452
square feet which constitutes 5.3% of the lot which is within the maximum 20%
structural lot coverage requirement. The total lot coverage including paved areas
and driveway will be 20,152 square feet which equals 11.3% of the lot, which is
within the 35% maximum overall lot coverage requirement. The proposed project
is on a relatively large lot with most of the proposed structures located below the
road so as to reduce the visual impact of the development.
RESOLUTION NO. 95-19
PAGE 2 OF 6
• .:.
B. The proposed development preserves and integrates into the site
design, to the maximum extent feasible, existing natural topographic features of the
lot including surrounding native vegetation, mature trees, drainage courses, and
land forms (such as hillsides and knolls). The lot is relatively flat, grading will not
be required, and most of the mature trees will not be removed. Grading will only be
done to provide approved drainage that will flow away from the proposed residence
and existing neighboring residences.
C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the canyons at
the east side (rear) of this lot.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
preserves several mature trees and shrubs and supplements it with landscaping that
is compatible with and enhances the rural character of the community.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the structural and total lot coverage to be exceeded. Further,
the proposed project will not require grading, will have a buildable pad coverage of
32.6%, and significant portions of the lot will be left undeveloped. The
development plans will preserve one of the major trails in the City and also
minimize impact on Portuguese Bend Road. The removal of an existing
garage/workshop will minimize impact of the structures and the additions
proposed will not be visible from Portuguese Bend Road. Significant portions of the
lot will be left undeveloped so as to maintain scenic vistas across the northeasterly
portions of the property.
F. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As indicated
in Paragraph A, the lot coverage maximum will not be exceeded and the proposed
project is consistent with the scale of the neighborhood when compared to this
irregular -shaped lot. The ratio of the proposed structure to lot coverage is similar to
the ratio found on several properties in the vicinity.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will close an existing driveway and replace and relocate one former
vehicular access that will have less of an impact on Portuguese Bend Road.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
RESOLUTION NO. 95-19
PAGE 3 OF 6
• fr •
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 531 for a
proposed residential development as indicated on the development plan
incorporated herein as Exhibit A and subject to the conditions contained in Section
8.
Section 8. The Variance to the front yard setback approved in Section 5 and
the Site Plan Review approved in Section 7 of this Resolution are subject to the
following conditions:
A. The Variance and Site Plan Review approvals shall expire within one
year from the effective date of approval as defined in Sections 17.38.070(A) and
17.46.080(A).
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, this approval shall be
suspended and the privileges granted thereunder shall lapse; provided that the
applicant has been given written notice to cease such violation and has failed to do
so for a period of thirty (30) days.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A, except as otherwise provided in these
conditions.
E. There shall be only a single driveway access to Portuguese Bend Road
as shown on the development plan incorporated herein as Exhibit A that is 50 feet
north of the existing driveway which shall be closed before final building inspection.
F. The driveway apron shall be a minimum of 25 feet in width for access
from Portuguese Bend Road.
G. The driveway apron shall be scored to accommodate equestrian
activity.
H. The trees and shrubs within the driveway access area along Portuguese
Bend Road shall be trimmed and maintained in a northerly direction to
accommodate sight distance for ingress and egress to the property.
I. The landscape plan must be submitted for review by the Planning
Department and include native drought -resistant vegetation that will not disrupt
the impact of the views of neighboring properties prior to the issuance of any
RESOLUTION NO. 95-19
PAGE 4 OF 6
building or grading permit. The landscaping plan submitted must comply with the
purpose and intent of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the maximum extent
feasible, plants that are native to the area and/or consistent with the rural character
of the. community.
A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a
grading and building permit and shall be retained with the City for not less than two
years after landscape installation. The retained bond will be released by the City
Manager after the City Manager determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
J. Landscaping shall be designed so as not to obstruct views of
neighboring properties but, to obscure structures.
K. Landscaping shall incorporate and preserve, to the maximum extent
feasible, the existing mature trees and shrubs and the natural landscape screening
surrounding the proposed building pad.
L. Separate building permits shall be obtained for construction of the new
residence and demolition of the garage/workshop.
M. Glazed openings shall be removed from the existing stable loft area and
replaced with usable shutters prior to final building inspection.
N. The loft area shall be limited in use to the storage of feed, tack and
stable equipment.
O. Residential building pad coverage shall not exceed 32.6%.
P. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review. Cut and fill slopes shall not exceed a
steepness of a 2 to 1 slope ratio.
Q. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
R. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional development
RESOLUTION NO. 95-19
PAGE 5 OF 6
shall require the filing of a new application for Site Plan Review approval by the
Planning Commission.
S. All conditions of these Variance and Site Plan Review approvals must
be complied with prior to the issuance of a building or grading permit from the
County of Los Angeles.
T. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance and Site Plan Review approvals, or the approvals shall not be
effective.
PASSED, APPROVED AND ADOPTED THIS 19TH DA
ALLAN ROBERTS, 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. 95-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT
INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENCE AND
GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF
A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 531.
was approved and adopted at an adjourned regular meeting of the Planning Commission on
December 19, 1995 by the following roll call vote:
AYES: Commissioners Frost, Hankins, Raine, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEP TY CITCLERK
RESOLUTION NO. 95-19
• PAGE 6 OF 6
i •
DRAFT
RESOLUTION NO. 97-5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 95-19 AND APPROVING A N
EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A
RESIDENCE AND A PREVIOUSLY APPROVED SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
IN ZONING CASE NO. 531.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Mr. and Mrs. William Rogers with
respect to real property located at 20 Portuguese Bend Road (Lot 58-A-RH), Rolling
Hills, requesting an extension to a previously approved Variance to encroach into
the front yard setback to construct a residence and a previously approved site plan
review for the construction of a new single family residence.
Section 2. The Commission considered this item at a meeting on January
21, 1997 at which time information was presented indicating that the extension of
time is necessary because Rolling Hills Community Association Architectural
review took longer than anticipated and time is needed in order to complete County
requirements.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 8 of Resolution No. 95-19,
dated December 19, 1995, to read as follows:
"A. The Variance, Conditional Use Permit, and Site Plan Review
approvals shall expire within two years of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of Resolution No. 95-
19 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JANUARY, 1997.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 97-5
PAGE 1 OF 2
• •
DRAFT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 97-5 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 95-19 AND APPROVING A N
EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A
RESIDENCE AND A PREVIOUSLY APPROVED SITE PLAN REVIEW
FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
IN ZONING CASE NO. 531.
was approved and adopted at a regular meeting of the Planning Commission on
January 21, 1997 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
RESOLUTION NO. 97-5
PAGE 2 OF 2
DATE:
TO:
•
C1iy opeo llin9 JUL
JANUARY 8, 1996
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
Agenda Item No.: 4.A.
Mtg. Date: 1/8/96
HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
ATTENTION: CRAIG R. NEALIS, CITY MANAGER
FROM: LOLA M. UNGAR, PRINCIPAL PLANNER
SUBJECT: RESOLUTION NO. 95-19: A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A
VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT
YARD SETBACK TO CONSTRUCT A RESIDENCE AND GRANTING
SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 531.
Mr. and Mrs. William Rogers, 20 Portuguese Bend Road (Lot 58-A-RH)
BACKGROUND
1. The Planning Commission approved the subject resolution on December 19,
1995 at their regular meeting following Traffic Commission review that took
place on November 30, 1995.
2. The existing and proposed residence encroaches up to 32 feet into the front
yard setback requiring a Variance.
3. The applicants are also requesting Site Plan Review to demolish the existing
4,480 square foot residence and reconstruct a 6,528 square foot residence (an
addition of 2,048 square feet). They propose to add 57 square feet to the
covered patio and remove a 483 square foot existing workshop/garage. The
existing residence encroaches up to 32 feet into the front yard setback.
On February 1, 1992, the Planning Commission approved a Variance to
permit an encroachment into the front yard setback to construct a
recreation/exercise room addition, approved a Conditional Use Permit for a
detached 4-car garage, and granted Site Plan Review for the construction of
substantial additions to the existing single family residence. On August 6,
ZONING CASE NO. 531
PAGE 1
®Pnntert on R.,:yr.h ,1 P•i[,yr
•
1992, a paddle tennis court was approved for the property. Of these requests,
only the recreation/exercise room addition was constructed.
4. Building permits show that the existing house was built before 1950 and over
the intervening years was remodelled periodically. In 1951, a 908 square foot
garage was constructed followed by the construction of a 300 square foot guest
house that was attached in 1958. In 1976, 189 square feet was added to the
guest house. A new 528 square foot stable was constructed in 1961. In 1976, a
693 square foot garage was built.
5. Access off Portuguese Bend Road is proposed to be moved 50 feet north of the
existing driveway to a previously existing accessway now covered by
landscaping.
6. Grading for the project site will not be required.
7. The 29,000 square foot building pad will have proposed coverage of 9,452
square feet or 32.6%.
8. The disturbed area of the lot will be approximately 37,700 square feet or 21.2%
(40% maximum). Much of the building pad is relatively flat and currently
paved.
9. The structural lot coverage proposed is 9,452 square feet or 5.3% (20%
permitted) and the total lot coverage proposed is 20,152 square feet or 11.3%
(35% permitted). Attached is a listing of nearby properties along Portuguese
Bend Road.
10. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file Resolution No. 95-19.
ZONING CASE NO. 531
PAGE 2
ADDRESS
NEARBY PROPERTIES
11 NET LOT AREA RESIDENCE SIZE
OWNER fACRES) (SQUARE FEET)
16 Portuguese Bend Walton 0.75 acres 3,343
Road
17 Portuguese Bend Marshall 4.73 acres 2,575
Road
19 Portuguese Bend Siu 4.73 acres 4,680
Road
20 Portuguese Bend Rogers (Existing) 4.41 acres 4,480
Road
21 Portuguese Bend Kim 5.27 acres 3,652
Road
22 Portuguese Bend Turpanjian 2.84 acres 9,854
Road
23 Portuguese Bend Rizi 2.75 acres 3,472
Road
24 Portuguese Bend Lacaze 4.48 acres 8,661
Road
25 Portuguese Bend Welbourn 13 acres 5,232
Road
AVERAGE I 4.73 acres 5,105
PROPOSED: II 4.41 acres 6,528
ZONING CASE NO. 531
PAGE 3
• •
CRITERIA
& MAJOR IMPACTS EXISTING
RA-S-2Zone Setbacks:
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
Structures
Grading
Disturbed Area
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
Encroaches 32 feet into the front
yard setback
PROPOSED
Encroaches 32 feet into the front
yard setback. Will remain the same
as existing
Residence 4,480 Residence ' 6,528
Garage 1,113 Garage 1,113
Swim Pool 650 Swim Pool 650
Stable 1,000 Stable 1,000
Covered Patio 104 Covered Patio 161
Workshop 483
TOTAL 7,830 sq.ft. TOTAL 9,452 sq.ft.
N/A None required
21.2% 21.2%
4.4% 5.3%
10.1% 11.3%
27% of 29,000 sq.ft. pad 32.6% of 29,000 sq.ft. pad
Stable (450 sq.ft. Existing Existing
& 550 sq.ft. Corral)
Stable Access Existing Existing
Roadway Access Existing off Portuguese Bend Road to Propose to relocate 50 feet north of
south of residence existing driveway off Portuguese
Bend Road
Views Trail traverses rear of property Trail traverses rear of property
Plants and Animals N/A No grading for project
ZONING CASE NO. 531
PAGE 4
•
RESOLUTION NO. 95-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
ENCROACHMENT INTO THE FRONT YARD SETBACK TO
CONSTRUCT A RESIDENCE AND GRANTING SITE PLAN REVIEW
APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 531.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs. William Rogers
with respect to real property located at 20 Portuguese Bend Road, Rolling Hills (Lot
58-RH) requesting a Variance to permit encroachment into the front yard setback to
construct a residence and Site Plan Review for the construction of a new single
family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on September 19, 1995 and October 17, 1995, and
at a field trip visit on September 30, 1995. The Traffic Commission reviewed the
relocation of the driveway on November 30, 1995.
Section 3. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (State CA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity.
Section 17.16.110 requires the front yard setback for every residential parcel to be fifty
(50) feet. The applicant is requesting to encroach up to a maximum 32 feet into the
50 foot front yard setback to construct a single family residence. 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 or to the intended use that do not apply generally to the
other property or class of use in the same zone because the lot is a long and narrow
irregular -shaped lot. The existing legal nonconforming residence was built with the
front yard setback and the existing building pad is located close to the street. The new
residence will be constructed to allow open space near the front of the residence.
•
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 it
avoids the necessity of grading to create the building pad on this irregular shaped lot
and there will not be any greater incursion into the front setback than already exists
at the existing site and at other property in the same vicinity. Also, the Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties.
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. Development on the pad will allow a
substantial portion of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No, 531 to permit the construction of
a residence that will encroach a maximum of thirty-two (32) feet into the front yard
setback, as indicated on the development plan submitted with this application and
incorporated herein by reference as Exhibit A, subject to the conditions specified in
Section 8 of this Resolution.
Section 6. Section 17.46.030 requires a development plan to be submitted
for site plan review and approval before any building or structure may be
constructed or any expansion, addition, alteration or repair to existing buildings may
be made which involve changes to grading or an increase to the size of the building
or structure by at least 1,000 square feet and has the effect of increasing the size of the
building by more than twenty-five percent (25%) in any thirty-six (36) month period.
With respect to the Site Plan Review application, the Planning Commission makes
the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structure complies
with the General Plan requirement of low profile, low density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code setback and lot coverage requirements with the
Variance approved in Sections 5 of this Resolution. The lot has a net square foot
area of 178,085 square feet. The proposed residence (6,528 sq.ft.), guest house/garage
(1,113 sq.ft.), swimming pool (650 sq.ft.), and covered patio (161 sq.ft.) will have 9,452
square feet which constitutes 5.3% of the lot which is within the maximum 20%
structural lot coverage requirement. The total lot coverage including paved areas
and driveway will be 20,152 square feet which equals 11.3% of the lot, which is
within the 35% maximum overall lot coverage requirement. The proposed project
is on a relatively large lot with most of the proposed structures located below the
road so as to reduce the visual impact of the development.
RESOLUTION NO. 95-19
PAGE 2 OF 6
• •
B. The proposed development preserves and integrates into the site
design, to the maximum extent feasible, existing natural topographic features of the
lot including surrounding native vegetation, mature trees, drainage courses, and
land forms (such as hillsides and knolls). The lot is relatively flat, grading will not
be required, and most of the mature trees will not be removed. Grading will only be
done to provide approved drainage that will flow away from the proposed residence
and existing neighboring residences.
C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the canyons at
the east side (rear) of this lot.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
preserves several mature trees and shrubs and supplements it with landscaping that
is compatible with and enhances the rural character of the community.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the structural and total lot coverage to be exceeded. Further,
the proposed project will not require grading, will have a buildable pad coverage of
32.6%, and significant portions of the lot will be left undeveloped. The
development plans will preserve one of the major trails in the City and also
minimize impact on Portuguese Bend Road. The removal of an existing
garage/workshop will minimize impact of the structures and the additions
proposed will not be visible from Portuguese Bend Road. Significant portions of the
lot will be left undeveloped so as to maintain scenic vistas across the northeasterly
portions of the property.
F. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As indicated
in Paragraph A, the lot coverage maximum will not be exceeded and the proposed
project is consistent with the scale of the neighborhood when compared to this
irregular -shaped lot. The ratio of the proposed structure to lot coverage is similar to
the ratio found on several properties in the vicinity.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will close an existing driveway and replace and relocate one former
vehicular access that will have less of an impact on Portuguese Bend Road.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
RESOLUTION NO. 95-19
PAGE 3 OF 6
• •
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 531 for a
proposed residential development as indicated on the development plan
incorporated herein as Exhibit A and subject to the conditions contained in Section
8.
Section 8. The Variance to the front yard setback approved in Section 5 and
the Site Plan Review approved in Section 7 of this Resolution are subject to the
following conditions:
A. The Variance and Site Plan Review approvals shall expire within one
year from the effective date of approval as defined in Sections 17.38.070(A) and
17.46.080(A).
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, this approval shall be
suspended and the privileges granted thereunder shall lapse; provided that the
applicant has been given written notice to cease such violation and has failed to do
so for a period of thirty (30) days.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A, except as otherwise provided in these
conditions.
E. There shall be only a single driveway access to Portuguese Bend Road
as shown on the development plan incorporated herein as Exhibit A that is 50 feet
north of the existing driveway which shall be closed before final building inspection.
F. The driveway apron shall be a minimum of 25 feet in width for access
from Portuguese Bend Road.
G. The driveway apron shall be scored to accommodate equestrian
activity.
H. The trees and shrubs within the driveway access area along Portuguese
Bend Road shall be trimmed and maintained in a northerly direction to
accommodate sight distance for ingress and egress to the property.
I. The landscape plan must be submitted for review by the Planning
Department and include native drought -resistant vegetation that will not disrupt
the impact of the views of neighboring properties prior to the issuance of any
RESOLUTION NO. 95-19
PAGE 4 OF 6
• •
building or grading permit. The landscaping plan submitted must comply with the
purpose and intent of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the maximum extent
feasible, plants that are native to the area and/or consistent with the rural character
of the community.
A bond in the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted prior to issuance of a
grading and building permit and shall be retained with the City for not less than two
years after landscape installation. The retained bond will be released by the City
Manager after the City Manager determines that the landscaping was installed
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
J. Landscaping shall be designed so as not to obstruct views of
neighboring properties but, to obscure structures.
K. Landscaping shall incorporate and preserve, to the maximum extent
feasible, the existing mature trees and shrubs and the natural landscape screening
surrounding the proposed building pad.
L. Separate building permits shall be obtained for construction of the new
residence and demolition of the garage/workshop.
M. Glazed openings shall be removed from the existing stable loft area and
replaced with usable shutters prior to final building inspection.
N. The loft area shall be limited in use to the storage of feed, tack and
stable equipment.
O. Residential building pad coverage shall not exceed 32.6%.
P. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review. Cut and fill slopes shall not exceed a
steepness of a 2 to 1 slope ratio.
Q. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
R. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional development
RESOLUTION NO. 95-19
PAGE 5 OF 6
shall require the filing of a new application for Site Plan Review approval by the
Planning Commission.
S. All conditions of these Variance and Site Plan Review approvals must
be complied with prior to the issuance of a building or grading permit from the
County of Los Angeles.
T. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance and Site Plan Review approvals, or the approvals shall not be
effective.
PASSED, APPROVED AND ADOPTED THIS 19TH DA
ATTEST:
MARILYN RN, DEVi
NDEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
BER, 1995.
ALLAN ROBERTS, CHAIRMAN
I certify that the foregoing Resolution No. 95-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT
INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENCE AND
GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF
A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 531.
was approved and adopted at an adjourned regular meeting of the Planning Commission on
December 19,1995 by the following roll call vote:
AYES: Commissioners Frost, Hankins, Raine, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTYC CLERK
RESOLUTION NO. 95-19
PAGE 6 OF 6
C1iy ofieo een9
HEARING DATE: OCTOBER 17,1995
TO:
FROM:
•
INCORPORATED JANUARY
24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
HONORABLE MEMBERS OF THE PLANNING COMMISSION
LOLA M. UNGAR, PRINCIPAL PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANTS:
REPRESENTATIVE:
PUBLISHED:
REOUEST
ZONING CASE NO. 531
20 PORTUGUESE BEND ROAD (LOT 58-A-RH)
RAS-2, 5.54 ACRES
MR. AND MRS. WILLIAM ROGERS
MR. RICHARD LINDE, AIA
OCTOBER 7,1995
Request for a Variance to permit the reconstruction of a residence that will encroach
into the front yard setback and request for Site Plan Review for the reconstruction of
a single family residence with substantial additions.
BACKGROUND
1. The Planning Commission viewed a silhouette of the proposed project on
September 30, 1995. The existing and proposed residence will encroach up to
32 feet into the front yard setback and so an application for a Variance was
required.
2. The applicants are also requesting Site Plan Review to demolish the existing
4,480 square foot residence and reconstruct a 6,528 square foot residence (an
addition of 2,048 square feet). They .propose to add 57 square feet to the
covered patio and remove a 483 square foot existing workshop/garage. The
existing residence encroaches up to 32 feet into the front yard setback.
3. On February 1, 1992, the Planning Commission approved a Variance to
permit an encroachment into the front yard setback to construct a
recreation/exercise room addition, approved a Conditional Use Permit for a
detached 4-car garage, and granted Site Plan Review for the construction of
substantial additions to the existing single family residence. On August 6,
1992, a paddle tennis court was approved for the property. Of these requests,
only the recreation/exercise room addition was constructed.
ZONING CASE NO. 531
PAGE 1
Printed on Recycled Paper.
• •
4. Building permits show that the existing house was built before 1950 and over
the intervening years was remodelled periodically. In 1951, a 908 square foot
garage was constructed followed by the construction of a 300 square foot guest
house that was attached in 1958. In 1976, 189 square feet was added to the
guest house. A new 528 square foot stable was constructed in 1961. In 1976, a
693 square foot garage was built.
5. Access off Portuguese Bend Road is proposed to be moved 50 feet north of the
existing driveway to a previously existing accessway now covered by
landscaping.
6. Grading for the project site will not be required.
7. The 29,000 square foot building pad will have proposed coverage of 9,452
square feet or 32.6%.
8. The disturbed area of the lot will be approximately 37,700 square feet or 21.2%
(40% maximum). Much of the building pad is relatively flat and currently
paved.
9. The structural lot coverage proposed is 9,452 square feet or 5.3% (20%
permitted) and the total lot coverage proposed is 20,152 square feet or 11.3%
(35% permitted). Attached is a listing of nearby properties along Portuguese
Bend Road.
10. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the proposed plans and
take public testimony.
ZONING CASE NO. 531
PAGE 2
ADDRESS
NEARBY PROPERTIES
NET LOT AREA RESIDENCE SIZE
OWNER (ACRES) (SQUARE FEET).
16 Portuguese Bend Walton
Road
17 Portuguese Bend Marshall
Road
19 Portuguese Bend Siu
Road
0.75 acres
3,343
4.73 acres 2,575
4.73 acres 4,680
20 Portuguese Bend Rogers (Existing) 4.41 acres
Road
21 Portuguese Bend Kim 5.27 acres
Road
22 Portuguese Bend Turpanjian
Road
23 Portuguese Bend Rizi
Road
24 Portuguese Bend Lacaze
Road
25 Portuguese Bend Welbourn
Road
AVERAGE
PROPOSED:
4,480
3,652
2.84 acres 9,854
2.75 acres 3,472
4.48 acres 8,661
13 acres 5,232
4.73 acres
4.41 acres
5,105
6,528
ZONING CASE NO. 531
PAGE 3
CRITERIA
& MAJOR IMPACTS
RA-S-2Zone Setbacks:
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
Structures
Grading
Disturbed Area
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
Stable (450 sq.ft.
& 550 sq.ft. Corral)
Stable Access
Roadway Access
Views
Plants and Animals
EXISTING PROPOSED
Encroaches 32 feet into the front
yard setback
Residence
Garage
Swim Pool
Stable
Covered Patio
Workshop
TOTAL
N/A
16.3%
4.4%
10.1%
4,480
1,113
650
1,000
104
483
7,830 sq.ft.
27% of 29,000 sq.ft. pad
Existing
Existing
Encroaches 32 feet into the front
yard setback. Will remain the same
as existing
Residence
Garage
Swim Pool
Stable
Covered Patio
6,528
1,113
650
1,000
161
TOTAL 9,452 sq.ft.
None required
16.3%
5.3%
11.3%
32.6% of 29,000 sq.ft. pad
Existing
Existing
Existing off Portuguese Bend Road to Propose to relocate 50 feet north of
south of residence existing driveway off Portuguese
Bend Road
Trail traverses rear of property
N/A
Trail traverses rear of property
No grading for project
ZONING CASE NO. 531
PAGE 4
City opeoffinv JUL
HEARING DATE: SEPTEMBER 19,1995
TO:
ATTENTION:
FROM:
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
HONORABLE MEMBERS OF THE PLANNING COMMISSION
CRAIG R. NEALIS, CITY MANAGER
LOLA M. UNGAR, PRINCIPAL PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANTS:
REPRESENTATIVE:
PUBLISHED:
REOUEST
ZONING CASE NO. 531
20 PORTUGUESE BEND ROAD (LOT 58-A-RH)
RAS-2, 5.54 ACRES
MR. AND MRS. WILLIAM ROGERS
MR. RICHARD LINDE, AIA
SEPTEMBER 9, 1995
Request for Site Plan Review for the reconstruction of a single family residence
with substantial additions.
DISCUSSION
In reviewing the applicant's request under Title 17 (Zoning), staff would identify the
following issues for evaluation:
1. The applicants are requesting Site Plan Review to demolish the existing 4,480
square foot residence and reconstruct a 6,528 square foot residence (an
addition of 2,048 square feet). Also, the applicants propose to add 57 square
feet to the covered patio and remove a 483 square foot existing
workshop/garage. The existing residence encroaches 32 feet into the front
yard setback.
On February .1, 1992, the Planning Commission approved a Variance to
permit an encroachment into the front yard setback to construct a
recreation/exercise room addition, approved a Conditional Use Permit for a
detached 4-car garage, and granted Site Plan Review for the construction of
substantial additions to the existing single family residence. On August 6,
1992, a paddle tennis court was approved for the property. Of these requests,
only the recreation/exercise room addition was constructed.
Printed on Recycled Paper.
ZONING CASE NO. 531
PAGE 2
2. Building permits show that the existing house was built before 1950 and over
the intervening years was remodelled periodically. In 1951, a 908 square foot
garage was constructed followed by the construction of a 300 square foot guest
house that was attached in 1958. In 1976, 189 square feet was added to the
guest house. A new 528 square foot stable was constructed in 1961. In 1976, a
693 square foot garage was built.
3. Access off Portuguese Bend Road is proposed to be moved 50 feet north of the
existing driveway to a previously existing accessway now covered by
landscaping.
4. Grading for the project site will not be required.
5. The 29,000 square foot building pad will have proposed coverage of 9,452
square feet or 32.6%.
6. The disturbed area of the lot will be approximately 37,700 square feet or 21.2%
(40% maximum). Much of the building pad is relatively flat and currently
paved.
7. The structural lot coverage proposed is 9,452 square feet or 5.3% (20%
permitted) and the total lot coverage proposed is 20,152 square feet or 11.3%
(35% permitted). Attached is a listing of nearby properties along Portuguese
Bend Road.
8. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the proposed plans and
take public testimony.
ZONING CASE NO. 531
PAGE 3
ADDRESS
NEARBY PROPERTIES
OWNER
16 Portuguese Walton
Bend Road
17 Portuguese Bend Marshall
Road
19 Portuguese Bend Siu
Road
NET LOT AREA RESIDENCE SIZE
(ACRES) (SQUARE FEET)
0.75 acres
3,343
4.73 acres 2,575
4.73 acres 4,680
20 Portuguese Bend Rogers (Existing) 4.41 acres
Road
21 Portuguese Bend Kim 5.27 acres
Road
22 Portuguese Bend Turpanjian
Road
23 Portuguese Bend Rizi
Road
24 Portuguese Bend Lacaze
Road
4,480
3,652
2.84 acres 9,854
2.75 acres 3,472
4.48 acres 8,661
25 Portuguese Bend Welbourn 13 acres 5,232
Road
AVERAGE
PROPOSED:
4.73 acres
4.41 acres
5,105
6,528