628, An addition to existing living, Resolutions & Approval Conditions• •
RESOLUTION NO. 2002-10
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS
APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 2001-14 AND
APPROVING AN EXTENSION TO A PREVIOUSLY
APPROVED SITE PLAN REVIEW FOR
SUBSTANTIAL ADDITIONS AND A VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK
IN ZONING CASE NO. 628,(EKBERG).
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. Craig
Ekberg with respect to real property located at 6 Middleridge Lane North
Rolling Hills, requesting an extension to a previously approved Site Plan
Review for substantial addition and a Variance to encroach into the front yard
setback to construct a portion of the addition.
Section 2. The Commission considered this item at a meeting on
June 18, 2002, at which time information was presented indicating that the
extension of time is necessary in order to commence plan check processing.
Section 3. Based upon information and evidence submitted, the
Planning Commission does hereby amend Paragraph A, Section 10 of
Resolution No. 2001-14, dated July 17, 2001, to read as follows:
"A. The Variance and Site Plan Review approvals shall
expire within two years from the effective date of this approval as
defined in Sections 17.38.070(A) and 17.46.080(A), unless
construction on the applicable portions of the structure have
commenced within that time period."
Section 4. Except as herein amended, the provisions of
Resolution No. 2001-14 shall continue to be in full force and effect.
2002.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JUNE
EVIE HAN KINS, VICE -CHAIR
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2002-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS APPROVING A MODIFICATION TO
PLANNING COMMISSION RESOLUTION 2001-14 AND
APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED
SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS AND A
VARIANCE TO ENCROACH INTO THE FRONT YARD
SETBACK IN ZONING CASE NO. 628, (EKBERG).
was approved and adopted at a regular meeting of the Planning Commission on
June 18, 2002 by the following roll call vote:
AYES: Commissioners Margeta, Sommer and Chairwoman Hankins.
NOES: None.
ABSENT: Commissioner Witte.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN KERN, D1PUTY CITY CLERK
5
RESOLUTION NO. 2001-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A SITE PLAN REVIEW
APPROVAL FOR THE CONSTRUCTION OF SUBSTANTIAL
ADDITIONS AND GRANTING A VARIANCE TO PERMIT
ENCROACHMENT INTO THE FRONT YARD SETBACK WITH A
PORTION OF THE ADDITION AT AN EXISTING SINGLE FAMILY
RESIDENCE AT 6 MIDDLERIDGE LANE NORTH, IN ZONING
CASE NO. 628.
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. Ekberg with respect to
real property located at 6 Middleridge Lane North, Rolling Hills, (Lots 12,13,14 & part
15-MR), requesting a Variance to permit encroachment into the front yard setback to
construct an addition and Site Plan Review for the construction of substantial additions
to a single family residence.
Section 2. A. The Planning Commission conducted a duly noticed public
hearings to consider the application on March 20, 2001, April 17, 2001, May 15, 2001,
June 19, 2001 and at a field trip on April 9, 2001. The applicant was notified of the
hearings in writing by first class mail. The applicant was in attendance at the hearings.
Evidence was heard from members of the City staff, the applicant's representative, and
all persons interested in affecting the proposal. The Planning Commission reviewed,
analyzed and studied the project.
B. During the site visit the Commission and staff observed that the
existing stable was not utilized for animal keeping. The applicant was informed that
pursuant to the City's Zoning Ordinance a detached garage, recreation room and similar
uses require the approval of a Conditional Use Permit. In addition, an area not less than
1000 square feet must be set aside on the property for a barn and corral. At the April 17,
2001 Planning Commission meeting, the applicant requested continuation of this case to
the May 15, 2001 meeting, so that appropriate application, plans and calculations could
be submitted to staff to incorporate all of the required structures into the structural lot
coverage and also to submit an application for the CUP request.
Section 3. The applicant submitted a revised application, which the
Commission considered at their May 15, 2001 meeting, which included the original
request to construct substantial additions of which 160 square feet would encroach into
the front yard setback, which requires a Variance, and a request for a Conditional Use
Permit to convert the existing stable to a detached garage, and set aside sufficient area
for future stable and corral. Throughout the review process, the applicant proposed to
demolish the existing pool and spa. During the May 15, meeting the Commission
expressed concern with the proposed conversion of the barn into a detached garage,
since the barn has a second story, which is used as habitable space. In addition, an
exterior access door exists from the second story. During the meeting the applicant
RESOLUTION NO. 2001-14
1
withdrew the Conditional Use Permit, request to convert the existing stable into a
detached garage, and requested continuation of the public hearing to the June 19th, 2001
Planning Commission meeting in order to revise the application.
Section 4. The applicant has submitted a revised site plan requesting to
construct 91,5 square feet of residential additions to an, existing 4,598 square foot
residence for a total of 5,513 square feet; a 644 square foot basement; a 1,298 square feet
addition to the existing 756 square foot garage for a total of 2,054 square feet. A
Variance application is also requested to permit 160 square feet of the residential
additions to encroach into the front yard setback. A portion of the existing house,
approximately 930 square feet, encroaches into the front yard set back. The existing
stable structure will remain and the habitable area will be converted to a loft. During
the June 19, 2001 meeting, the applicant requested that the Commission permit the
applicant to retain the existing pool and spa, despite.the fact that the structural building
lot coverage will exceed the 30% Planning Commission guideline.
Section 5. The Planning Commission finds that the project qualifies as a Class
1 Exemption (State of CA Guidelines, Section 15301.(e) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in
the same vicinity. 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 160
square feet into the front yard setback. The existing house encroaches approximately 27
feet on the average into the front yard setback: With respect to this request for a
Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply generally
to the other property or class of use in the same zone because the existing house
encroaches into the front yard setback and the proposed addition will not further the
encroachment.
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 the
development and use of the subject property is in a manner consistent with the shape of
the lot and development and this additional small incursion into the front yard setback.
will not be any greater encroachment than already exists.
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. Allowing the proposed encroachment into the
front yard setback will not constitute any greater incursion than already exists. In
addition, development on this portion of the pad will allow a substantial portion of the
RESOLUTION NO. 2001-14
2
more environmentally significant rear and front portions of the lot to remain
undeveloped.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 628 to permit the encroachment of a
160 square foot addition to an existing residence, as indicated on the development plan
submitted with this application and incorporated herein by reference as Exhibit A, dated
June 28, 2001 subject to the conditions specified in Section 10 of this Resolution.
Section 8. 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 net lot coverage requirements with the Variance approved in Section 7
of this Resolution. The lot has a net square foot area of 119,970 square feet. The
proposed residence (5,513 sq.ft.), garage (2,054 sq.ft.), stable (459 sq.ft), detached
recreation room (544 sq.ft.), swimming pool/spa (836 sq.ft.), refreshment center (113
sq.ft.), and service yard will have 9,517 square feet which constitutes 7.9% coverage of
the net lot which is within the maximum 20% structural net lot coverage requirement.
The total lot coverage including paved areas and driveway will be 23,165 square feet or
19.3% of the net lot area. The residential building pad consists of 24,900 square feet and
will have a structural coverage of 36.4%.
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, and drainage courses. The lot is
relatively flat. Grading will consist of 250 cubic yards of cut soil and 250 cubic yards of
fill and will be balanced on site in an area north of the proposed addition, where there
exists a small gully in the terrain.
C. The development plan follows natural contours of the site to
minimize grading and the existing natural drainage courses will continue.
D. The development plan incorporates existing trees and native
vegetation to the maximum extent feasible.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by concentrating building coverage on the residential
building pad. The proposed project will not cause the structural and total lot coverage to
exceed City's standards. The project will be located on a relatively flat portion of the lot
RESOLUTION NO. 2001-14
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with significant portions of the lot left undeveloped. The development plans will
minimize impact on Middleridge Lane.
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 net lot coverage maximum will not be exceeded and the proposed
project is consistent with the scale of the neighborhood. 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. The applicant
proposes to utilize the existing driveway approximately.
H. The project conforms to the requirement of the California
Environmental Quality Act and is categorically exempt from environmental review.
Section 9. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 628 for a
proposed residential development as indicated on the development plan incorporated
herein as Exhibit A, dated June 28, 2001 and subject to the conditions contained in
Section 10.
Section 10. The Variance to the front yard setback approved in Section 7
and the Site Plan Review approved in Section 9 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), unless construction on the applicable portions of the structure have
commenced within that time period.
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, the approval shall be
suspended and the privileges granted thereunder shall be subject to revocation;
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 and has been provided additional notice
and a hearing prior to the revocation of the Permit.
C. All requirements of the Buildings Code of the City of Rolling Hills
and the Rolling Hills Zoning Ordinance 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, dated June 28, 2001 except as
otherwise provided in these conditions.
E. Grading shall not exceed 250 cubic yards of cut soil and 250 cubic
yards of fill, and shall be balanced on site.
RESOLUTION NO. 2001-14
4
25%.
F. Any grading shall preserve the existing topography, flora, and
natural features to the greatest extent possible,
H. The residential building pad coverage shall not exceed 36.4%, and
the total structural and flatwork coverage shall not exceed 19.3% of the net lot area. The
structural lot coverage shall not exceed 9,519 square feet or 7.9% of the net lot area.
H. The disturbed area of the lot shall not exceed 30,000 square feet or
I. Landscaping shall incorporate and preserve, to the maximum extent
feasible, the existing trees and shrubs.
J. Landscaping shall include water efficient irrigation, to the
maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes
automatic controllers, incorporates an irrigation design using "hydrozones," considers
slope factors and climate conditions in design, and utilizes means to reduce water waste
resulting from runoff and overspray in accordance with Section 17.27.020 (Water
efficient landscaping requirements) of the Rolling Hills Municipal Code.
K. The proposed basement shall conform to Section 17.12.020 of
the Zoning Ordinance and the requirements of the Los Angeles County Building
Code and shall have only one standard solid door for ingress/egress to the
exterior.
L. Pursuant to Section 17.27.030 of the Zoning Ordinance, all
utility lines shall be placed underground.
M. The existing structure intended for keeping of animals shall
be converted to a stable, subject to the requirements of Section 17.16.200 of the
Zoning Ordinance. A loft may be retained in this structure, subject to the
requirements of Section 17.16.080(2) of the Zoning Ordinance. The existing door
from the second story to the exterior shall be removed and the doorway closed
off. The overhead garage door shall be replaced with a standard barn door
approved by the Rolling Hills Community Association.
N. The property owners shall be required to conform with the air
quality management district requirements, storm water pollution prevention practices,
county and local ordinances and engineering practices so that people or property are
not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence.
O. 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.
RESOLUTION NO. 2001-14
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P.
project site.
All parking, during and after construction, shall take place on the
Q. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of septic tanks.
R. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Health Department requirements
for the installation and maintenance of storm water drainage facilities.
S. 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) related to solid waste.
T. An Erosion Control Plan containing the elements set forth in
Section 7010 of the 1998 County of Los Angeles Uniform Building Code shall be
prepared to minimize erosion and to protect slopes and channels to control storm water
pollution as required by the County of Los Angeles.
U. Prior to the submittal of an applicable final building 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.
V. 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.
W. The applicants shall execute an Affidavit of Acceptance of all conditions
of the Site Plan and Variance approvals, or the approvals shall not be effective.
X. All conditions of the Variance and Site Plan approvals that apply
must be complied with prior to the issuance of a building or grading permit from the
County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 17t ► O A 2001.
C
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2001-14
6
JL
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2001-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION OF SUBSTANTIAL ADDITIONS AND GRANTING A
VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD
SETBACK WITH A PORTION OF THE ADDITION AT AN EXISTING SINGLE
FAMILY RESIDENCE AT 6 MIDDLERIDGE LANE NORTH, IN ZONING CASE
NO. 628.
was approved and adopted at a regular meeting of the Planning Commission on
July 17, 2001 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, 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.
RESOLUTION NO. 2001-14
7
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DEPU CITY CLERK