732, Demo and Construct a new SFR, , Resolutions & Approval Conditions• •
RESOLUTION NO. 2007-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
TO REPLACE AN EXISTING RESIDENCE AND REQUEST FOR VARIANCES
TO ENCROACH INTO THE FRONT SETBACK AND TO EXCEED THE
MAXIMUM PERMITTED DISTURBED AREA OF THE LOT IN ZONING CASE
NO. 732, AT 22 MIDDLERIDGE LANE NORTH, (LOT 1-MR), (CHELF).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Bradford
Chelf with respect to real property located at 22 Middleridge Lane North (Lot 1-
MR), Rolling Hills, CA requesting a Site Plan Review and Variances to permit
grading and construction of a new 4,374 square foot single family residence, a
portion of which would encroach into the front yard setback, 832 square foot
garage, 96 square foot service yard, 266 square feet covered porches and 2,739
square foot basement.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on September 19, 2006, October 17, 2006,
November 21, 2006, December 19, 2006 and at a field trip visit on October 17,
2006. 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 applicants'
representatives were in attendance at the hearings.
Section 3. The applicants propose to relocate the driveway and the
driveway approach. The Traffic Commission reviewed the location of the
proposed driveway approach and recommended approval without conditions.
Section 4. At the October and November meetings, the Planning
Commission expressed concerns regarding the size of the proposed development
and the many Variances being applied for. Subsequently, the applicants scaled
down the project and withdrew two variances. Ultimately the project was
approved with the encroachment into the front setback and the exceedance of the
maximum permitted disturbed area of the lot.
Section 5. The Planning Commission finds that the project qualifies as
a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 6. Section 17.46.030 requires a development plan to be
submitted for Site Plan Review and approval before any grading requiring a
Reso. 2007-01
C'ha1 f
1
• •
grading permit or 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 requesting construction
of the new house, 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 structures
comply 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 lot coverage requirements. The net lot area of
the lot is 30,230 square feet, (0.69 acres). The proposed residence (4,374 sq.ft.),
garage (832 sq.ft.), covered porches/entryway (266 sq.ft.), service yard (96 sq.ft.),
and future stable, which constitutes 19.9% of the net lot which is within the
maximum 20% structural lot coverage requirement. The total lot coverage
including all structures, paved areas and driveway will be 8,041 square feet,
which constitutes 26.6% of the net lot which is within the 35% maximum overall
net lot coverage requirement. The proposed project is screened from the road so
as to reduce the visual impact of the development. The disturbed area of the lot
will be 46.3%, which exceeds the 40% maximum permitted, and includes the
stable.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped. Significant portions of the
lot will be left undeveloped so as to maintain open space on the property. The
existing shrubs and trees on the northern portion on the parcel will remain and
will screen the house from the street. The nature, condition, and development of
adjacent uses, buildings, and structures and the topography of the lot have been
considered, and the construction of the new house will not adversely affect or be
materially detrimental to the adjacent uses, buildings, or structures because the
proposed structure will be constructed on a portion of the lot which is least
intrusive to surrounding properties, will be screened and landscaped with trees
and shrubs, is a sufficient distance from nearby residences so that the proposed
structures will not impact the view or privacy of surrounding neighbors, and will
substantially utilize the existing building pad for the new construction.
C. 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 set forth in the Zoning
Code will not be exceeded. Due to the location of the lot, adjacent to the
unimproved area of the Palos Verdes Drive North roadway easement, the lot
seems to be larger than the parcels in the vicinity.
D. The development plan incorporates existing trees and is screened
from other properties and the road by existing mature vegetation, which will be
preserved.
Reso. 2007-01
rha1f
2
• •
E. The development plan follows natural contours of the site to
minimize grading and retain the natural drainage courses. Grading for this
project will involve 1,027 cubic yards of cut and 1,027 cubic yards of fill and will
be balanced on site. Majority of the grading will be generated from the relocated
driveway and the basement, therefore the existing building pad will be
minimally disturbed.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed driveway will be safer and less steep than the existing driveway. The
Traffic Commission approved the new driveway approach without conditions.
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt.
Section 7. Section 17.16.120 requires the front setback for every
residential parcel in the RA-S-1 Zone to be fifty (50) feet from the roadway
easement line. The applicants are requesting to construct the residence of which
approximately 600 square feet will encroach into the front setback. With respect
to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the other
property or class of use in the same zone. The existing residence has been
developed in 1967 and it encroaches into the front setback. The lot was graded at
that time to create a pad for construction in a manner that the structure was
placed towards the front of the property. The topography of the lot together with
the fact that the existing pad and residence are located in the front setback create
difficulty in constructing the new residence elsewhere on the property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because the existing terrain and development on the lot creates a difficulty in
placing the new construction elsewhere on the property. The lot is located on a
very unique street where all of the homes along Middleridge Lane N. encroach
into the front setback, and therefore this development will not set a precedent to
front yard encroachment.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located. The proposed construction
will be constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences and it abuts an open area
in Rolling Hills Estates, so that it will not impact the view or privacy of
surrounding neighbors, and will permit the owners to enjoy their property
without deleterious infringement on the rights of surrounding property owners.
Reso. 2007-01 3
C'hel f
• •
D. In granting of the Variance the spirit and intent of the Zoning
Ordinance will be observed in that the proposed construction will be orderly,
attractive and shall protect the rural character of the community. The proposed
residence will not encroach into the existing or potentially future equestrian uses
on the property. A suitable area for a future stable and corral has been set aside.
E. The Variance request is consistent with the General Plan of the City
of Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient
open space between surrounding structures.
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. A
Variance to Section 17.16.070 (B) is required because it states that the lot
disturbance shall be limited to 40.0% of the net lot area. The applicant is
requesting a Variance because total disturbance of the net lot area is proposed to
be 46.3%. 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. The Variance for
the total disturbance is necessary because of the pre-existing conditions on the
property, where the existing disturbed area already exceeds the maximum
permitted and is at 41%, which does not include the future stable. Any further
development would require additional disturbance.
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. The Variance is necessary
because of the unusual location of the lot at a cul-de-sac and where the current
disturbed area exceeds the maximum permitted. Without the Variance the
property owners will not be able to improve their property to meet their family
needs.
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. All grading and project repair
will occur within the property. The project as conditioned by this Resolution will
be adequately screened to prevent adverse visual impact to surrounding
properties. The proposed development will improve slope stability through the
use of approved drainage and buttressing of the slopes, and will permit the
owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Reso. 2007-01 4
C'hel f
• •
Section 9. Based upon the foregoing findings in Sections 6, 7 and 8, the
Planning Commission hereby approves the Site Plan Review application and
Variances in Zoning Case No. 732 for grading and for construction of a new
residence and garage, encroachment of the residence into the front setback and
exceedance of the maximum permitted disturbed lot area as shown on the
Development Plan dated December 7, 2006, and cross section plans dated
December 13, 2006 and marked Exhibit A, subject to the following conditions:
A. The Site Plan Review and Variances approvals shall expire within
two years from the effective date of approval if construction pursuant to this
approval has not commenced within that time period, as required by Sections
17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the
approval granted is otherwise extended pursuant to the requirements of those
sections.
B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the
privileges granted hereunder shall lapse; provided that the applicants have been
given written notice to cease such violation, the opportunity for a hearing has
been provided, and if requested, has been held, and thereafter the applicant fails
to correct the violation within a period of thirty (30) days from the date of the
City's determination.
C. All requirements of the Building 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. The lot shall be developed and maintained in substantial
conformance with the revised site plan on file marked Exhibit A and dated
December 7, 2006 and cross sections dated December 13, 2006, except as
otherwise provided in these conditions, including revisions to the basement to
meet City codes.
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development
plan approved with this application.
F. Grading shall not exceed 1,027 cubic yards of cut and 1,027 cubic
yards of fill and shall be balanced on site. Any additional grading and grading
quantities, including from the excavation of footings, basement, drainage devices
and any other activity on site, required by the Los Angeles County Building
Department or due to conditions in the field, shall be reviewed and approved by
the Planning Commission.
G. Structural lot coverage shall not exceed 6,018 square feet or 19.9%.
H. Total lot coverage of structures and paved areas shall not exceed
8,041 square feet or 26.6% in conformance with lot coverage limitations.
Reso. 2007-01
C'hplf
5
• •
I. The disturbed area of the lot shall not exceed 14,003 square feet or
46.3% of the net lot area in conformance with the approved variance for lot
disturbance exceedance.
J. Residential building pad coverage on the 9,357 square foot
residential building pad shall not exceed 5,302 square feet or 56.7% (not
including the covered porches.
K. 600 square foot of the new residence may encroach into the front
setback, with not more that 20 foot encroachment of the most southeasterly wall
of the residence.
L. The basement shall not exceed 2,739 square feet and all
requirements for the basements shall be met subject to Section 17.12.020 of the
City of Rolling Hills Zoning Code and the Los Angeles County Building Code.
M. The property shall be landscaped and screened from adjacent
properties. Landscaping shall be designed using trees and shrubs so as not to
obstruct views of neighboring properties but to screen the project. Landscaping
shall include water efficient irrigation that incorporates low gallonage irrigation
system, utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions, and utilizes means
to reduce water waste resulting from runoff and overspray.
N. Any walls required for this project shall not exceed 5 feet in height
and shall be screened with landscaping to maximum extend practicable.
O. All utility lines to the structure shall be placed underground and
the roof material shall meet the City and RHCA requirements.
P. The property owners shall be required to conform to the City of
Rolling Hills Outdoor Lighting Standards.
Q. The property on which the project is located shall contain a set
aside area to provide an area meeting all standards for a stable, corral with access
thereto.
R. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water in an approved manner.
S. The easterly side yard setback line (20 feet from property line) shall
be delineated during the entire duration of the construction and no construction
shall take place in the setback.
T. During and after construction perimeter easements and trails shall
remain free and clear of encroachments including, but not be limited to, site
Reso. 2007-01 6
('half
development, fences -including construction fences, grading (both cut and fill),
landscaping, irrigation, drainage devices, play equipment, parked vehicles,
building materials, debris and other equipment, unless otherwise approved by
the Rolling Hills Community Association.
U. No drainage device may be located in such a manner as to
contribute to erosion or in any way affect an easement or a trail.
V. 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.
W. During construction, an Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los
Angeles.
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 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.
Y. The new residence shall be connected to a sewer line, instead of a
private septic system. If it becomes impossible to connect to a sewer line,
evidence shall be submitted to the Planning Department that a sewer system
cannot be installed.
Z. 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 a septic tank or a sewer line, whichever
system is installed.
AA. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and post construction maintenance of stormwater drainage
facilities.
AB. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMPs) related to solid waste.
AC. Prior to the submittal of a final building plan to the County of Los
Angeles for plan check, a detailed drainage plan that conforms to the
development plan as approved by the Planning Commission shall be submitted
to the Rolling Hills Planning Department staff for their review and approval.
Reso. 2007-01
C'hpl f
7
• •
AD. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any grading or building permit.
AE. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modification to the property, which would
constitute additional structural development or grading, including exceedance
of the approved 1,027 cubic yards of cut and 1,027 cubic yards of fill quantities
in condition "F" above, shall require the filing of a new application for
approval by the Planning Commission.
AF. The applicant shall pay all of the applicable Los Angeles County
Building and Safety and Public Works Department fees, including Parks and
Recreation Fees for a new residence and school fees for new construction.
AG. Until the applicants execute and record an Affidavit of Acceptance
of all conditions of this Site Plan Review and Variances approvals, as required by
the Municipal Code, the approvals shall not be effective.
AH. All conditions of the Site Plan and Variances approvals, that apply,
shall be complied with prior to the issuance of grading or building permit from
the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JANUARY 2007.
EtWITTE, CHAIRMAN
ATTEST:
/to <.
MARILYN I E1 N, DEPUTY CITY CLERK
Reso. 2007-01
C'hel f
8
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
§§
I certify that the foregoing Resolution No. 2007-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A SITE
PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING
RESIDENCE AND REQUEST FOR VARIANCES TO ENCROACH
INTO THE FRONT SETBACK AND TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT IN ZONING CASE
NO. 732, AT 22 MIDDLERIDGE LANE NORTH, (LOT 1-MR),
(CHELF).
was approved and adopted at a regular meeting of the Planning Commission on
January 16, 2007 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Henke and Sommer.
NOES: Chairman Witte.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
_<d_ A .� {
EPUTY CITY CLERK
Reso. 2007-01 9
C'hplf