952, Convert existing garage (482 s, Resolutions & Approval ConditionsRESOLUTION NO. 2019-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMTT
TO CONSTRUCT A 660 SQUARE FOOT DETACHED GARAGE AND
VARIANCE TO ENCROACH WITH THE GARAGE AND WITH A
RESIDENTIAL ADDITION INTO THE REAR SETBACK, IN ZONING CASE
NO. 952 AT 2 CHUCKWAGON ROAD, LOT 38-A/38-BEF. (KIRMSF/GALVIN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by the property owners with respect to real
property located at 2 Chuckwagon Road Road, Rolling Hills (Lot 38-A/38BEF) requesting a
Conditional Use Permit to construct a new 660 square foot detached garage and Variance to
encroach up to 3' with the detached garage into the required 50-foot rear yard setback and to
encroach up to 12'2" intothe required 50-foot rear yard setback with a 308 square foot
residential addition. The 308 square foot addition, if not for the Variance could be approved
administratively. The existing garage and addition, totaling 790 square feet, will be used as
living space. A 1,000 square foot set aside area for a stable and corral has been designated on
site.
Section 2. The Planning Commission conducted a duly noticed public hearing on
October 23, 2018 and December 12, 2018 meetings and at the site on December 12, 2018. At the
December 12, 2018 evening meeting, the Planning Commission provided direction to staff to
prepare a resolution of approval for the proposed project.
Neighbors within a 1,000-foot radius were notified by mail of the public hearings and a notice
was published in the Peninsula News on October 112018. The applicants and their agents were
notified of the public hearings and the applicants and agents were in attendance at the hearings.
Evidence was heard and presented from all persons interested in affecting said proposal, and
from members of the City staff.
Section 3. The property is zoned RAS-1 and the gross lot area is 51,010 square feet.
For development purposes the net lot area of the lot is 31,841 square feet. The lot is located on a
comer of Eastfield Drive and Chuckwagon Road and is encumbered by 30'-wide roadway
easements on two sides. The lot is developed with a 2,380 square foot residence and 482 square
foot garage attached to the residence via a breezeway.
Section 4. The Planning Commission finds that the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 and Section
15303 of the CEQA guidelines.
Section 5. Conditional Use Permit. Section 17.16.210 (A)(4) of the Rolling Hills
Municipal Code permits approval of a detached garage with a Conditional Use Permit. The
proposed 660 square foot detached garage complies with all requirements of this section with
exception of a 3' encroachment into the rear yard setback with 22 square feet of the structure.
Variance for this condition is being granted concurrently in this resolution. The Planning
Commission must consider applications for a Conditional Use Permit and may, with such
conditions as are deemed necessary, approve a conditional use which complies with the
findings in RHMC Section 17.42.050. With respect to this request for a Conditional Use Permit,
the Planning Commission finds as follows:
A. The proposed conditional use is consistent with the General Plan. The granting
of a Conditional Use Permit for the detached garage would be consistent with the purposes and
objectives of the Zoning Ordinance and General Plan because the use is consistent with similar
uses in the community, and meets all the applicable code development standards for such uses,
and is located in the area on the property that is adequately sized to accommodate such use.
The proposed use is sufficiently separated from nearby structures. The detached garage will be
constructed in furtherance of the Rolling Hills goal of minimizing disturbance and grading of
lots, as this project will be located on a previously graded and disturbed area of the property,
and no new area of the lot will be disturbed.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and that the use will not adversely affect or be materially
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detrimental to these adjacent uses, buildings, or structures. The proposed garage use is
separated from the roadway easement, is of sufficient distance from nearby residences so as to
not impact the view or privacy of surrounding neighbors, and is conveniently located for
enjoyment of the property owners. .
C. The site for the proposed conditional, use is of adequate size and shape to
accommodate the use and building proposed. The proposed use complies with the low profile
residential development pattern of the community and will not give the property an over -built
look. The height of the detached garage will match the height of the existing structures on the
lot. The location of the detached garage will allow theremaining portions of the lot to remain
undisturbed and the existing undulated topography of the lot will remain, giving the property a
look of openness.
D. The proposed conditional •use complies with all applicable development
standards of the zone district. The detached garage meets the requirements in Sections
17.16.210(A)(4) of the Zoning Ordinance except- that a portion encroaches into the rear yard
setback. Variance is being granted concurrently herewith.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting criteria for hazardous waste
facilities. The project site is not listed on the current State of California Hazardous Waste and
Substances Sites. List.
F. The proposed conditional use observes the spirit and intent of this title. . The
property currently is improved with a small garage that is very inconveniently located on the
lot and the owners normally park in the driveway. The detached garage will be adjacent to an
existing driveway, therefore convenient for egress and ingress, in close proximity to the
residence and will accommodate 3 cars. The proposed detached garage furthers the City's goal
for promoting parking in enclosed garages, rather than driveways.
Section 6. Variances. Sections 17.38.010. through 17.38.050 of the Rolling Hills
Municipal Code permit approval of Variances granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary circumstances
applicable to the property prevent the owner from making use of a parcel of property to the
same extent enjoyed by similar properties in the, same vicinity or zone. A variance from the
requirements of RHMC Section 17.16.130 (structures cannot be located in the rear setback) is
being requested to encroach 3 feet with 22 square feet of the 660 square foot detached garage
into the rear setback and 12'2' with 272 square feet of the proposed 308 square foot residential
addition into the rear setback. The 308 square foot addition, if not for the Variance request,
could be approved administratively. With respect to the aforementioned request for variances,
the Planning Commission finds as follows:
A. There are exceptional or extraordinary circumstances and conditions applicable
to the property that do not apply generally to other properties in the same vicinity and zone.
There are exceptional circumstances and conditions on the subject property, including
the natural slope of the lot, location of the lot on a corner of two major street encumbered by
30'wide roadway easements on two sides, location of the building pad and the shape of the lot,
all of which constrain development. The lot is oddly shaped and the building pad with the
existing structures is already developed in the southwestern portion of the lot, closest to the rear
and side setbacks. Due to the location of the building pad and the already existing development
on the pad, any other improvements in`: the ,proximity of the house would require an
encroachment variance. Otherwise, the natural, undulated portion of the remaining of the lot
would have to be graded and disturbed . to accommodate the addition and the garage.
Continuing to develop in the southwestern quadrant of the lot, rather than moving the
development closer to the front (north side), towards the corner of the two streets, preserves the
open space of the area of the lot closest to the corner of the two major streets.
B. The variances are necessary for the; preservation and enjoyment of a substantial
property rights possessed by other properties in the same vicinity and zone but which is denied
to the property in question.
The existing 2-car garage is inconveniently located and is not easily accessible, and is
therefore not used for parking. The three car detached garage would meet the owners' parking
requirements and would remove cars from the driveway. A three -car garage is an amenity
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enjoyed by many property owners in the City and in the neighborhood. Given the shape of the
lot, the 3' encroachment with 22 square feet of the proposed garage is minimal and the garage
would be conveniently located for the owners' use.
As stated earlier, the existing garage will be converted to living area, and 308 square feet
would be added thereto; of which a portion would encroach 12'2" into the rear yard setback.
The existing garage is inconvenient for its use and is currently used for storage. With the
addition and conversion it will be of an adequate size for additional living space. The existing
house is one of the smallest homes (2,380 sq.ft.) in the neighborhood and with the 308 square
foot addition would become comparable to the rest of the homes in the area.
C. The granting of the variances will not be materially detrimental to the public
welfare or injurious to the properties or improvements in such vicinity.
Both the detached garage and the residential addition, which would encroach into the
rear setback, will not be detrimental to the public welfare or injurious to the properties or
improvements in such vicinity because the additions will only be minimally visible from the
rear (south) lot and only from the driveway of that lot. The construction of the improvements
blends in with the existing house and is located on the same building pad as the existing
structures. The remainder of the lot will be undisturbed and its topography maintained as
undulated knolls. Anyone driving along the lot and the corner of the two streets will not see
any difference in the character of lot, and the lot will retain the feel of openness.
D. In granting the variances, the spirit and intent of the Zoning Ordinance will be
observed.
The garage and addition will be within the spirit and intent of the Zoning Ordinance. It
will not detrimentally affect the rural and equestrian character of the community. The design of
the improvements is orderly and attractive and the style is cohesive with the rural and
equestrian character of the neighborhood. The proposed improvements will match the height
and. the construction of the existing improvements. Additionally, the placement of these
improvements allow for a set aside area for a future stable and corral in a very desirable area of
the lot, without having to grade or disturb other portions of the lot, if constructed.
E. The variances will not grant special privilege to the applicant.
The variances will not grant special privilege to the applicants because as discussed, the
location of the new detached garage is adjacent to the residence, making it convenient and very
likely usable as a garage, whereas the existing garage is not used for that purpose. And the
addition to the existing garage will allow it to be converted to a reasonable size living space.
The existing house is one of the smallest homes (2,380 sq.ft.) in the neighborhood and with the
308 square foot addition would become comparable to the rest of the homes in the area.
F. The variances are consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste
facilities. The project site is not listed on the current State of California Hazardous Waste and
Substances Sites List. It will not affect any existing hazardous waste management facilities.
G. The variances are consistent with the General Plan of the City of Rolling Hills.
Although the variances will allow the detached garage and the addition to encroach into
the rear yard setback it will allow the property owner to make greater use of the property.
Accordingly, the project is still in line with the General Plan's requirement of low profile, low -
density residential development with sufficient open space between surrounding structures.
Finally, the project is still in line with the General Plan's requirement of low profile, low -density
residential development with sufficient open space between surrounding structures. There is
still sufficient space in the rear setback to buffer the property's residential use from other
neighboring residences.
Section 7. Based upon the foregoing findings, and the evidence in the record, the
Planning Commission hereby approves Applicant's requests in Zoning Case No. 952
Conditional Use Permit to construct a new 660 square foot detached garage and Variance to
encroach up to 3' with the detached garage into the required 50-foot rear yard setback and to
encroach up to 12'2" into the required 50-foot rear yard setback with a 308 square foot
residential addition, subject to the following conditions:
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A. This approval shall expire within two years from the effective date of approval
unless the approval granted is otherwise extended pursuant to the requirements of RHMC
Sections 17.46.080 and 17.38.070.
B. If any condition of this resolution is violated, the entitlement granted by this
resolution shall be suspended and the privileges granted hereunder shall lapse and upon
receipt of written notice from the City, all construction work being performed, if any, on the
subject property shall immediately cease, other than work determined by the City Manager or
his/her designee required to cure the violation. The stop work order will be lifted once the
Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the
event that the Applicant disputes the City Manager or his/her designee's determination that a
violation exists or disputes how the violation must be cured, the Applicant may request a
hearing before the City Council. The hearing shall be scheduled at the next regular meeting of
the City Council for which the agenda has notyet been posted; the Applicant shall be provided
written notice of the hearing. The stop work order shall remain in effect during the pendency of
the hearing. The City Council shall make a determination as to whether a violation of this
Resolution has occurred. If the Council determines that a violation has not occurred or has been
cured by the time of the hearing, the Council -will lift the stop work order. If the Council
determines that a violation has occurred and has not yet been cured, the Council shall provide
the Applicant with a deadline to cure the violation; no construction work shall be performed on
the property until and unless the violation is cured by the deadline, other than work designated
by the Council to accomplish the cure. If theviolation is not cured by the deadline, the Council
may either extend the deadline at the Applicant'srequest or schedule a hearing for the
revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58
of the RHMC.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied with
unless otherwise set forth in this permit, or shown otherwise on an approved plan.
D. Thelot shall be developed and maintained in substantial conformance with the
site plan on file received on October 12, 2018 except as otherwise provided in these conditions.
The working drawings submitted to the Department of Building and Safety for plan check
review shall conform to the approved development plan. All conditions of the Conditional Use
Permit, and Variance approvals shall be incorporated into the building permit working
drawings, and where applicable complied with priorto issuance of a grading or building
permit from the building department.
The conditions of approval of this Resolution, shall be printed onto building plans submitted to
the Building Department for review and shall be kepton site at all times.
Any modifications and/or changes to the approved project, including .resulting from field
conditions, shall be discussed and approved by staff prior to implementing the changes.
E. Prior to submittal of final working drawings to Building and Safety Department
for issuance of building permits, the plans for the project shall be submitted to City staff for
verification that the final plans are in compliance with the plans approved by the Planning
Commission.
F. A licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate 'affirming that the plans conform in all respects to
this Resolution approving this project and all•ofthe:conditions set forth therein and the City's
Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall execute a
Certificate of Construction stating that the project will be constructed according to this
Resolution and any plans approved therewith.
G. The applicant shall comply withall requirements of the Lighting Ordinance of
the City of Rolling Hills (RHMC 17.16.190.E), pertaining to lighting on said property; roofing
and material requirements of properties in the Very High Fire Hazard Severity Zone, and all
other ordinances and laws of the City of Rolling Hills and the LA County Building Code.
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H. The structural net lot coverage shall not exceed 5,204 square feet or 16.3% (20%
max. permitted). The total lot coverage proposed (structural and flatwork) shall not exceed
8,411 square feet or 26% (35% max. permitted).
The building pad coverage on the 9,786 square foot residential building pad shall be
4,887 square feet (with allowable deductions for covered porch) or 50.0%, and a future 450
square foot stable.
I. The following conditions pursuant to Section 17.16.210(A)(4) of the RHMC
regarding construction of a detached garage shall be met:
1. A sink and toilet shall be permitted.
2. A kitchen or kitchenette shall not be permitted.
3. No sleeping quarters or renting of the structure shall be permitted.
J. The finished roof height of the proposed addition and the garage will be between
13'3" and 14'4" feet and will match the residence. Height is measured from the finished grade.
K. There shall be no grading for this project. The total disturbed area of the lot is
17,716 square feet or 55.6%, and is legal non -conforming.
L. All utility lines to the garage and addition shall be placed underground, subject
to all applicable standards and requirements.
M. The driveway approach off of Chuckwagon Road shall be closed off with a curb
and the driveway demolished. The driveway area should be landscaped or used as a garden.
Any work in the roadway shall be approved by the RHCA.
N. The applicants shall comply with all requirements of the Lighting Ordinance of
the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property; roofing
and material requirements on properties in the Very High Fire Hazard Severity Zone, and all
other ordinances and laws of the City of Rolling Hills and the LA County Building Code.
O. A drainage plan, if required by the Building Department, shall be prepared and
approved by City Staff prior to issuance of a construction permit. Such plan shall be subject to
LA County Code requirements.
P. The setback lines in the vicinity of the construction for this project shall remain
marked throughout the construction.
The silhouette (story poles) shall be taken down and removed from the property
immediately upon completion of the review process of the project.
Q. The property on which the project is located shall maintain an area of minimum
of 1,000 square feet to provide an area meeting all standards for a future stable (450 square feet)
and corral (550 square feet) with access thereto.
R. A minimum of five-foot walkable path and/or walkway, which does not have to
be paved, shall be provided around the, entire perimeter of the proposed structures, or as
otherwise required by the Fire Department.
S. A construction fence may be allowed or may be required by the City or the
Building Department staff for the duration of the construction of the project. City staff shall
approve the location and height of the fence. The construction fence shall not be placed more
than 15 calendar days prior to commencement of the construction and shall be removed within
15 calendar days of substantial completion of the project as determined by City staff or at any
given time at the discretion of City staff.
T. Placement of one construction and one office trailer may be permitted for the
duration of on -site construction activities during an active building permit; each shall be no
larger than 8' x 40' in size, and must be authorized by City staff with such authorization being
revoked at any point deemed reasonable by City staff. Such trailers, to maximum extent
practicable shall be located in a manner not visible from the street. Unless otherwise approved
by staff, with proof of a good cause, such trailers shall not be located in any setback or front
yard, may be placed on the site no more than 15 calendar days prior to commencement of
construction and must be removed within 15 calendar days of expiration of a building permit,
revocation, or finalization of the project.
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U. Prior to any demolition of the existing structures associated with the
project, an investigation shall be conducted for the presence of hazardous chemicals,
lead -based paints or products, mercury and asbestos -containing materials (ACMs). If
hazardous chemicals, lead -based paints orproducts, mercury or ACMs are identified,
remediation shall be undertaken incompliance with California environmental
regulations and policies.
V. Minimum of 65% of any construction materials must be recycled or diverted
from landfills. The hauler of the materials shall obtain City's Construction and Demolition
permits for waste hauling prior to start of work and provide proper documentation to the City.
W. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, and objectionable odors shall be required.
X. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday, when construction and mechanical equipment noise is
permitted, so as not to interfere with the quiet residential environment of the City of Rolling
Hills.
Y. The contractor shall not use tools . that could produce a spark, including for
clearing and grubbing, during red flag warning conditions. Weather conditions can be found at:
http;//www.wrh.noaa.gov/Iox/main.php?suite=safety&page=hazard_definitions#FIRE. It is
the sole responsibility of the property owner and/or his/her contractor to monitor the red flag
warning conditions. Should a red flag warning be declared and if work is to be conducted on
the property, the contractor shall have readilyavailable fire distinguisher.
Z. Perimeter easements, including roadway easements and trails, if any, shall
remain free and clear of any of improvements: to advance equestrian use and emergency
preparedness for evacuation within the City. •Where RHCA has demonstrated authority over
the easement, the City's Planning Director , may grant relief from this condition upon
satisfactory proof of permission from RHCA and a legitimate showing that there is no need for
the condition to advance equestrian uses and emergency preparedness.
AA. Construction vehicles or equipment, employees vehicles, delivery trucks shall
not impede any traffic lanes to the maximum extend practical; and if necessary to block traffic in
order to aid in the construction, no more than a single lane may be blocked for a short period of
time and flagmen utilized on both sides of the impeded area to direct traffic.
AB. During construction, all parking -shall take place on the project site, and, if
necessary, any overflow parking may take. place within the unimproved roadway easement
along the streets, and shall not obstruct neighboringdriveways or pedestrian and equestrian
passage. During construction, to the maximum extent feasible, employees of the contractor shall
car-pool into the City. A minimum of 4' wide path, from the edge of the roadway pavement, for
pedestrian and equestrian passage shall be available and clear at all times.
AC. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP's) requirements related to solid waste,, drainage and storm water drainage facilities
management. Further the property owners shall be required to conform to the County
Health Department requirements for a septic'system.
AD. Prior to finalizing the project an "as constructed" set of plans and certifications
shall be provided to the Planning Department and the Building Department to ascertain that the
completed project is in compliance with the approved plans. In addition, any modifications
made to the project during construction, shall be depicted on the "as built" plan.
AE. The applicant shall execute' an Affidavit of Acceptance of all conditions of this
permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall
be recorded together with the resolution.
Resolution No. 2019-02 6
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PASSED, APPROVED AND ADO1'1ED THIS 15TH DAY OF 019.
BRAD HELF, CHAIRMAN
A f1'EST:
YVE ri'E HALL, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on
this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling
Hills Municipal Code and Code of Civil Procedure Section 1094.6.
Resolution No. 2019-02 7
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2019-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL OF A CONDITIONAL• USE PERMIT TO CONSTRUCT A 660
SQUARE FOOT DETACHED GARAGE AND VARIANCE TO ENCROACH WITH THE
GARAGE AND WITH A RESIDENTIAL ADDITION INTO THE REAR SETBACK, IN
ZONING CASE NO. 952 AT 2 CHUCKWAGON ROAD, LOT 38-A,/38-BEF.
(KIRMSE/GALVIN).
was approved and adopted at a regular meeting of the Planning Commission on January 15,
2019 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Kirkpatrick ,Seaburn.and
Chairman Chelf.
NOES: None .
ABSENT: None
ABSTAIN: None.
and in compliance with the laws of California wasposted at the following:
Administrative Offices.
—2//Velfrfr—1 )1166C,
.YVEFIE HALL, CITY CLERK
Resolution No. 2019-02
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