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837, , Staff Reportsf 8(4 Ra la 09 qr. led INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 7-A Mtg. Date: 05/13/13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR 1) THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A 136.5 SQUARE FOOT ADDITION OF WHICH APPROXIMATELY 63 SQUARE FEET WOULD ENCROACH INTO THE FRONT SETBACK AND 2.8 SQUARE FEET INTO THE SIDE YARD SETBACK, IN ZONING CASE NO. 837 AT 28 EASTFIELD DRIVE, (LOT 87-A-EF), (HOLLINGSHEAD). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicants, Dr. and Mrs. Hollingshead, requested a Variance to construct a 136.5 square foot addition to the existing residence, of which 63 square feet would encroach up to 10 feet into the front yard setback and 2.8 square feet into the side yard setback. The application requires a Variance. 3. The Planning Commission approved the project and adopted the enclosed Resolution, finding that the project is compatible with the existing house and that the project would not cause the lot to be overbuilt, the project does not require any grading and no neighbors objected to the project. The vote was unanimous. Attached is a Resolution with standard findings and facts, including: • Any future development on the property may be permitted with Planning Commission review and approval ZC. No. 837 • • • Provide appropriate service yard BACKGROUND 4. The property is zoned RAS-1 and consists of 0.94 acres (excluding roadway easement). The net lot area for development purposes is 32,664 square feet. The property is developed with a 3,579 square foot residence, 1,232 square foot garage, 763 square foot swimming pool and spa, 53 square foot pool equipment area, 133 square foot shed and 299 square feet covered porches at the house. Approximately 700 square foot of the existing residence already encroaches into the front yard setback and 220 square foot of the garage encroaches into the south side yard setback. 5. An area for a future stable and corral has been set aside in the rear of the property and is accessible along the north side of the property. MUNICIPAL CODE COMPLIANCE 6. The proposed addition request requires the approval of a Variance, as it encroaches 10 feet by 6.3 feet into the front yard setback and 2.8 feet into the north side yard setback. 7. The net lot area for development purposes is 32,664 square feet. The structural coverage of the net lot is proposed to be 6,605 square feet or 20.22%, including future stable. However, with the allowed deduction, (shed), the structural coverage is 19.81%, which is within the maximum 20% permitted. The total coverage (structures and flatwork) is proposed at 11,144 square feet or 34.12%, (max. permitted is 35% of the net lot area). 8. The disturbed area of the lot is 72.5%, and is legal non -conforming. No grading, other than excavation for footings and backfilling, or additional disturbance is required for this project. 9. The existing residential building pad is 16,237 square feet and will have coverage of 34.8%. Currently the coverage is 34%. The pool pad is 6,958 square feet with coverage of 19.6%, including the future stable. 10. The plans do not show the required service yard. It is a requirement of Planning Commission approval that a service yard be provided. 11. In response for justification for the Variance for encroachment the applicant states in part that when the house was built the front setback requirement was 30'. When the requirements changed to 50' some of the house became legal -nonconforming and the addition would follow the nonconforming encroachment, but will not be as far into the setback as the non -conforming portion of the house. The requested addition will be to construct bathrooms. Z.C. No. 837 12. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 13. The project does not qualify for reduced setbacks, although it is less than 1.25 acres in size, as the reduced setbacks apply only to those portions of the residence that are reconstructed, not to new additions or if the property is located in the Overlay Zoning District. CONCLUSION 14. When reviewing the application the Planning Commission considers whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. ZONING CASE NO. 837 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by 1,000 sq. ft. or more in a 36- month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE pool/stable pad (30% max permitted) Z.C. No. 837 EXISTING Single family residence and accessory structures Residence Att. porch Garage Stable -future Service yd Pool/spa Pool equip. Shed TOTAL 19.39% 33.7% 3442 sq.ft. 299 sq.ft. 1232 sq.ft. 0 sq.ft. 0 sq.ft. 763 sq.ft. 53 sq.ft. 133 sq.ft. 6,468 sq.ft 34.0% (w/allowances) PROPOSED Addition that requires a Variance. Residence Att. porch Garage Stable -future Service Yd. Pool/spa Pool eqip. Shed TOTAL 3579 sq.ft 299 sq.ft. 1232 sq.ft 450 sq.ft. 96 sq.ft 763 sq.ft. 53 sq.ft. 133 sq.ft. 6,605 sq.ft 6,472 sq.ft. or 19.81% of 32,664 sq.ft. net lot area 11,144 sq.ft. or 34.12% of 32,664 sq.ft. net lot area 34.83% w/allowances of 16,237 sq.ft. residential building pad 19.6% of 6,958 sq.ft. pad • • GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft.,/balanced on site. DISTURBED AREA 72.5% (40% maximum; STABLE (minimum 450 sq. ft.) a N/A CORRAL (minimum 550 sq. ft.) STABLE ACCESS Future ACCESSWAY Existing from Eastfield VIEWS N/A PLANTS AND ANIMALS N/A CRITERIA FOR VARIANCES N/A None 72.5% Future Future Existing from Eastfield N/A N/A 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance Z.C. No. 837 0 RESOLUTION NO. 2013-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A 136.5 SQUARE FOOT ADDITION OF WHICH APPROXIMATELY 63 SQUARE FEET WOULD ENCROACH INTO THE FRONT SETBACK AND 2.8 SQUARE FEET INTO THE SIDE YARD SETBACK, IN ZONING CASE NO. 837 AT 28 EASTFIELD DRIVE, (LOT 87-A-EF), (HOLLINGSHEAD). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Section 1. An application was duly filed by Dr. and Mrs. Hollingshead with respect to real property located at 28 Eastfield Drive, Rolling Hills, CA (Lot 87-A- EF) requesting a Variance to construct a 136.5 square foot addition to the existing residence of which approximately 66 square feet would encroach into the front and side yard setbacks. Section 2. The Planning Commission conducted duly noticed public hearing to consider the application at a field visit and at a regular meeting on March 19, 2013. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and their agents were in attendance at the hearings. Section 3. At the field visit to the property, the Planning Conunission directed staff to prepare a Resolution of approval for consideration at the April 16, 2013 regular meeting of the Planning Commission. Section 4. The property is zoned RAS-1 and consists of 0.94 acres (excluding roadway easement). The net lot area for development purposes is 32,664 square feet. The property is developed with a 3,579 square foot residence, 1,232 square foot garage, 763 square foot swimming pool and spa, 53 square foot pool equipment area, 133 square foot shed and 299 square feet covered porches at the house. Approximately 700 square feet of the existing residence encroaches into the front yard setback and 220 square feet of the garage encroaches into the south side yard setback. Section 5. An area for a future stable and corral has been designated in the rear of the property. Section 6. The Plaruzing Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. 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 snaking use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.060 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement and 20 feet from the side property line. The applicants request a Variance to construct an addition that would encroach 10 feet into the front setback and 2.8 feet into the side setback. With respect to this request for a Variance, the Planning Commission finds as follows: ZC NO. 837 1 • • f A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure, which encroaches into the front setback, prevent further expansion, except into the setback. In addition the proposed encroachment would follow the limits of the structure in the side of the property. The Commission further finds that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment will be behind the line of the current encroachment of the residence. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the front setback is minimal and is behind the existing line of encroachment. The area of addition would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Variance in Zoning Case No. 837 to encroach ten feet into the front setback with 63 square feet and 2.8 square feet into the side setback subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, including, but not be limited to lighting, roofing and undergrounding of utility lines requirements, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. ZC NO. 837 2 v • D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 13, 2013 except as otherwise provided in these conditions. E. The property on which the project is located contains an adequate set aside area for a future stable and corral, and shall remain on site. F. The net lot area for development purposes is 32,664 square feet. The structural coverage of the net lot shall not exceed 6,472 square feet (without allowances) or 19.81%, including future stable, which is within the maximum 20% permitted. The total coverage (structures and flatwork) shall not exceed 11,144 square feet or 34.12%, which is within the 35% maximum permitted. G. The disturbed area of the lot is 72.5%, and is legal non -conforming. No grading, other than excavation for footings and backfilling, or additional disturbance is permitted for this project. H. The existing residential building pad is 16,237 square feet and will have coverage of 34.8%. The pool pad is 6,958 square feet with coverage of 19.6%, including the future stable. I. Perimeter easements and trails, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, landscaping, irrigation and drainage devices, play equipment, vehicles, building materials, debris and equipment, unless approved by Rolling Hills Community Association. J. Any landscaping introduced on this property shall be designed using trees and shrubs so as to screen the residence but not to obstruct views from neighboring properties. Any new trees and shrubs planned to be introduced in conjunction with this project shall not be higher than the ridge height of the residence, may not grow into a hedge like screen and shall comply with the Fire Department requirements for clearance of brush in proximity to structures. K. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. L. 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. M. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. N. This project shall comply with the City's Construction and Demolition Ordinance, where a minimum of 50% of the debris must be recycled and documentation provided to the City O. The property owner and/ or his/her contractor/ applicant shall be responsible Code. P. ZC NO. 837 for compliance with the no -smoking provisions in the Municipal All utility lines to the residence shall be placed underground. • • Q. An enclosed service yard area shall be provided on the property. R. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance pursuant to Section 17.38.060, or the approval shall not be effective. S. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from Building and Safety Department. T. Any future development on the property, which would constitute structural development or grading, may be approved by the Planning Commission, but shall require the filing of a new application. U. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSE,, APP JsV' • A D,. DOP ED THIS 16th DAY OF APRIL 2013. C AII2PPRSON ATTEST: HEIDI LUCE, DEPUTY CITY CLERK ZC NO. 837 4 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2013-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A 136.5 SQUARE FOOT ADDITION OF WHICH APPROXIMATELY 63 SQUARE FEET WOULD ENCROACH INTO THE FRONT SETBACK AND 2.8 SQUARE FEET INTO THE SIDE YARD SETBACK, IN ZONING CASE NO. 837 AT 28 EASTFIELD DRIVE, (LOT 87-A-EF), (HOLLINGSHEAD). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on April 16, 2013 by the following roll call vote: AYES: Commissioners Henke, Mirsch, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. *,,d,L6/(.41.,(t) DEPUTY CITY CLERK ZC NO. 837 5 TO: FROM: Ra&-seo HONORABLE VICE-CHAIRMAN PLANNING COMMISSION INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 8A Mtg. Date: 04-16-13 AND MEMBERS OF THE YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 837 28 EASTFIELD DRIVE (LOT 87-A-EF) RA-S-1, 1.04 ACRES GROSS JUDY HOLLINGSHEAD BOLTON ENGINEERING MARCH 7, 2013 REQUST AND RECOMMENDATION 1. The property owner, Mrs. Judy Hollingshead, requests a Variance to construct a 136.5 square foot addition to the existing residence, of which 63 square feet would encroach up to 10 feet into the front yard setback and 2.8 square feet into the side yard setback. The application requires a Variance. 2. At the field trip public hearing on March 19, 2013 the Planning Commission directed staff to prepare a Resolution of approval for the project. 3. Attached is a Resolution of Approval with standard findings of facts and conditions and a condition that any further development on the property require a Site Plan Review and/ or Variance and that an appropriate service yard be provided. 4. It is recommended that the Planning Commission review and consider the resolution for adoption. Z.C. No. 837 • • THIS PAGE INTENTIONALLY LEFT BLANK • • RESOLUTION NO. 2013-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A 136.5 SQUARE FOOT ADDITION OF WHICH APPROXIMATELY 63 SQUARE FEET WOULD ENCROACH INTO THE FRONT SETBACK AND 2.8 SQUARE FEET INTO THE SIDE YARD SETBACK, IN ZONING CASE NO. 837 AT 28 EASTFIELD DRIVE, (LOT 87-A-EF), (HOLLINGSHEAD). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Section 1. An application was duly filed by Dr. and Mrs. Hollingshead with respect to real property located at 28 Eastfield Drive, Rolling Hills, CA (Lot 87-A- EF) requesting a Variance to construct a 136.5 square foot addition to the existing residence of which approximately 66 square feet would encroach into the front and side yard setbacks. Section 2. The Planning Commission conducted duly noticed public hearing to consider the application at a field visit and at a regular meeting on March 19, 2013. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and their agents were in attendance at the hearings. Section 3. At the field visit to the property, the Planning Commission directed staff to prepare a Resolution of approval for consideration at the April 16, 2013 regular meeting of the Planning Commission. Section 4. The property is zoned RAS-1 and consists of 0.94 acres (excluding roadway easement). The net lot area, for development purposes is 32,664 square feet. The property is developed with a 3,579 square foot residence, 1,232 square foot garage, 763 square foot swimming pool and spa, 53 square foot pool equipment area, 133 square foot shed and 299 square feet covered porches at the house. Approximately 700 square feet of the existing residence encroaches into the front yard setback and 220 square feet of the garage encroaches into the south side yard setback. Section 5. An area for a future stable and corral has been designated in the rear of the property. Section 6. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. ZC NO. 837 1 ® • • Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.060 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement and 20 feet from the side property line. The applicants request a Variance to construct an addition that would encroach 10 feet into the front setback and 2.8 feet into the side setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure, which encroaches into the front setback, prevent further expansion, except into the setback. In addition the proposed encroachment would follow the limits of the structure in the side of the property. The Commission further finds that the configuration of the existing residence and interior layout of the residence creates a hardship to improving the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment will be behind the line of the current encroachment of the residence. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the front setback is minimal and is behind the existing line of encroachment. The area of addition would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. ZC NO. 837 2 • E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the. total impervious lot coverage are within the requirements of the City. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Variance in Zoning Case No. 837 to encroach ten feet into the front setback with 63 square feet and 2.8 square feet into the side setback subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, including, but not be limited to lighting, roofing and undergrounding of utility lines requirements, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated March 13, 2013 except as otherwise provided in these conditions. E. The property on which the project is located contains an adequate set aside area for a future stable and corral, and shall remain on site. F. The net lot area for development purposes is 32,664 square feet. The structural coverage of the net lot shall not exceed 6,472 square feet (without allowances) or 19.81%, including future stable, which is within the maximum 20% permitted. The total coverage (structures and flatwork) shall not exceed 11,144 square feet or 34.12%, which is within the 35% maximum permitted. ZC NO. 837 • • G. The disturbed area of the lot is 72.5%, and is legal non -conforming. No grading, other than excavation for footings and backfilling, or additional disturbance is permitted for this project. H. The existing residential building pad is 16,237 square feet and will have coverage of 34.8%. The pool pad is 6,958 square feet with coverage of 19.6%, including the future stable. I. Perimeter easements and trails, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, landscaping, irrigation and drainage devices, play equipment, vehicles, building materials, debris and equipment, unless approved by Rolling Hills Community Association. J. Any landscaping introduced on this property shall be designed using trees and shrubs so as to screen the residence but not to obstruct views from neighboring properties. Any new trees and shrubs planned to be introduced in conjunction with this project shall not be higher than the ridge height of the residence, may not grow into a hedge like screen and shall comply with the Fire Department requirements for clearance of brush in proximity to structures. K. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. L. 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. M. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. N. This project shall comply with the City's Construction and Demolition Ordinance, where a minimum of 50% of the debris must be recycled and documentation provided to the City O. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. ZC NO. 837 • • P. All utility lines to the residence shall be placed underground. Q. An enclosed service yard area shall be provided on the property. R. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance pursuant to Section 17.38.060, or the approval shall not be effective. S. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from Building and Safety Department. T. Any future development on the property, which would constitute structural development or grading, may be approved by the Planning Commission, but shall require the filing of a new application. U. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF APRIL 2013. CHAIRPERSON ATTEST: HEIDI LUCE, DEPUTY CITY CLERK ZC NO. 837 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2013-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO CONSTRUCT A 136.5 SQUARE FOOT ADDITION OF WHICH APPROXIMATELY 63 SQUARE FEET WOULD ENCROACH INTO THE FRONT SETBACK AND 2.8 SQUARE FEET INTO THE SIDE YARD SETBACK, IN ZONING CASE NO. 837 AT 28 EASTFIELD DRIVE, (LOT 87-A-EF), (HOLLINGSHEAD). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on April 16, 2013 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. ZC NO. 837 DEPUTY CITY CLERK 6 (D' TO: FROM: Ra qr. INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4B-Field Trip Mtg. Date: 03-19-13 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 837 28 EASTFIELD DRIVE (LOT 87-A-EF) RA-S-1, 1.04 ACRES GROSS JUDY HOLLINGSHEAD BOLTON ENGINEERING MARCH 7, 2013 REQUST AND RECOMMENDATION 1. The property owner, Mrs. Judy Hollingshead, requests a Variance to construct a 136.5 square foot addition to the existing residence, of which 63 square feet would encroach up to 10 feet into the front yard setback and 2.8 square feet into the side yard setback. The application requires a Variance. It is recommended that the Planning Commission review the staff report, view the project in the field, take public testimony and provide direction to staff. BACKGROUND 2. The property is zoned RAS-1 and consists of 0.94 acres (excluding roadway easement). The net lot area for development purposes is 32,664 square feet. The property is developed with a 3,579 square foot residence, 1,232 square foot garage, 763 square foot swimming pool and spa, 53 square foot pool equipment area, 133 square foot shed and 299 square feet covered porches at the house. 3. An area for a future stable and corral has been set aside in the rear of the property and is accessible along the north side of the property. Z.C. No. 837 -1- • • MUNICIPAL CODE COMPLIANCE 4. The proposed addition request requires the approval of a Variance, as it encroaches 10 feet by 6.3 feet into the front yard setback and 2.8 feet into the north side yard setback. Approximately 700 square foot of the existing residence already encroaches into the front yard setback and 220 square foot of the garage encroaches into the south side yard setback. 5. The net lot area for development purposes is 32,664 square feet. The structural coverage of the net lot is proposed to be 6,605 square feet or 20.22%, including future stable. However, with the allowed deduction, (shed), the structural coverage is 19.81 %, which is within the maximum 20% permitted. The total coverage (structures and flatwork) is proposed at 11,144 square feet or 34.12%, (max. permitted is 35% of the net lot area). 6. The disturbed area of the lot is 72.5%, and is legal non -conforming. No grading, other than excavation for footings and backfilling, or additional disturbance is required for this project. 7. The existing residential building pad is 16,237 square feet and will have coverage of 34.8%. Currently the coverage is 34%. The pool pad is 6,958 square feet with coverage of 19.6%, including the future stable. 8. The plans do not show the required service yard. It will be a requirement of the approval, if the case is approved, that a service yard be provided. 9. In response for justification for the Variance for encroachment the applicant states in part that when the house was built the front setback requirement was 30'. When the requirements changed to 50' some of the house became legal -nonconforming and the addition would follow the nonconforming encroachment, but will not be as far into the setback as the non -conforming portion of the house. The addition consists of two bathrooms. 10. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 11. The project does not qualify for reduced setbacks, although it is less than 1.25 acres in size, as the reduced setbacks apply only to those portions of the residence that are reconstructed, not to new additions or if the property is located in the Overlay Zoning District. CONCLUSION 12. When reviewing the application the Planning Commission must consider whether the proposed project is consistent with the City's General Plan; incorporates Z.C. No. 837 environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. ZONING CASE NO. 837 I SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement Side: 20 ft. from property line Rear: 50 ft. from property Tine STRUCTURES (Site Plan Review required if size of structure increases by 1,000 sq. ft. or more in a 36- month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE pool/stable pad (30% max permitted) GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft.,/balanced on site. DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) a CORRAL (minimum 550 sq. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS Z.C. No. 837 I EXISTING Single family residence and accessory structures Residence Att. porch Garage Stable -future Service yd Pool/spa Pool equip. Shed 3442 sq.ft. 299 sq.ft. 1232 sq.ft. 0 sq.ft. 0 sq.ft. 763 sq.ft. 53 sq.ft. 133 sq.ft. PROPOSED Addition that requires a Variance. Residence Att. porch Garage Stable -future Service Yd. Pool/spa Pool eqip. Shed 3579 sq.ft 299 sq.ft. 1232 sq.ft 450 sq.ft. 96 sq.ft 763 sq.ft. 53 sq.ft. 133 sq.ft. TOTAL 6,468 sq.ft TOTAL 6,605 sq.ft 19.39% 6,472 sq.ft. or 19.81% of 32,664 sq.ft. net lot area 33.7% 34.0% (w/allowances) N/A 72.5% N/A Future Existing from Eastfield N/A N/A G 11,144 sq.ft. or 34.12% of 32,664 sq.ft. net lot area 34.83% w/allowances of 16,237 sq.ft. residential building pad 19.6% of 6,958 sq.ft. pad None 72.5% Future Future Existing from Eastfield Planning Commission review Planning Commission review • • CRITERIA FOR VARIANCES 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance Z.C. No. 837