721, Addition of a BBQ, seating wal, Staff Reportsv
City 0/
DATE: MARCH 27, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTN: CRAIG R. NEALIS, CITY MANAGER
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 4B
Mtg. Date: 3/27/06
SUBJECT: RESOLUTION NO. 2006-04. A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A
VARIANCE TO PERMIT CONSTRUCTION OF DETACHED
ACCESSORY STRUCTURES WHICH WOULD ENCROACH INTO
THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 721, AT 17
MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
BACKGROUND
1. The Planning Commission adopted Resolution No. 2006-04, which is
attached, on March 21, 2006 at their regular meeting granting approval in Zoning
Case No. 721. The vote was unanimous.
2. The applicants seek a Variance to allow the completion of construction of a
194 square foot trellis, 42 square foot barbecue and 48 square foot seating wall
located in the south side yard setback. The applicants have commenced the
construction of these structures.
3. A letter of support for this project, which is attached, was submitted from
the neighbors to the south of subject property.
4. In April 2003, the Planning Commission approved a 999 square foot
addition to an existing 2,007 square foot residence with 527 square foot garage. A
Variance was approved to permit portions of the addition to encroach into the
north and south side yard setbacks. In February 2004, the Planning Commission
approved a modification to the previous application to add additional 154 square
feet of which 42 square feet encroached into the south side yard setback. The
approved additions along the southerly side encroach up to 11.8 feet into the
required 20-foot side yard setback.
ZCNO.721
CC 3/27/06
® Prlillf.d on R4(:y:fr d f'now
• •
5. The previous approvals contain a restrictive development condition,
requiring that the Planning Commission review any future development on
the lot. In this case, the development necessitates a Variance, which
automatically requires Planning Commission review, and therefore a Site Plan
Review application is not necessary in order to assure Planning Commission
review of the proposed development.
6. The trellis, barbecue and sitting wall are located behind the addition in the
south side yard setback. Because the side property line tapers off in an easterly
direction, the encroachment of the trellis, seating wall and barbecue vary from 11.5
feet to 16 feet into the required 20-foot side yard setback.
7. The RHCA approved an easement encroachment agreement, to allow the
applicants to encroach into the southerly easement.
8. A 450 square foot future stable and corral location was approved with the
previous Variance and is proposed across from the main residence off of
Middleridge Lane North.
9. The property is located in the RAS-1 zone and is divided by Middleridge
Lane North along 130 feet street frontage. The gross lot area, including the street is
55,756 square feet, (1.28 acres). The net lot area for development purposes is 36,013
square feet, of which approximately 10,000 square feet is located on the west side
of Middleridge Lane N.
10. The structures are located in an area of a previously approved patio, and no
additional hardscape or disturbance is proposed. Such structures are permitted
uses, however they may not be located in setbacks.
11. Pursuant to Section 17.16.200J of the Zoning Ordinance, free standing
structures, such as trellises, barbeques, gazebos and similar structures are not
counted towards the structural, total and disturbed area of the net lot, or building
pad coverage, provided there is no more than 5 such structures on the lot and
provided that the combined size of such structures does not exceed 600 square
feet. Therefore, the proposed structures would not exceed the previously approved
development standards, which are as follows:
a) The structural lot coverage is 4,233 square feet or 11.8% of the net lot
area, (20% permitted);
b) The total lot coverage, including structures and flatwork is 6,767
square feet or 18.8% of the net lot area, (35% permitted);
c) The disturbed area of the lot is 8,800 square feet or 24.4% of the net
lot area, which includes the future stable, (40% maximum permitted);
d) The residential building pad is 4,940 square feet and has a coverage
of 3,783 square feet or 76.5%.
12. Responding to the criteria to be satisfied for grant of a Variance, the
applicant states in part that the proposed development is consistent with all the
homes on Middleridge Lane North. Most homes are built almost to the easement
line. With the addition of the trellis, barbecue and seating wall, the applicant states
ZC NO.721 2
CC 3/27/06
that they are significantly under the allowable structural, total and disturbed area
coverage. The applicant further states that all lots on Middleridge Lane North are
very narrow with small building pads. Encroaching into setback/ easement is
organic to any significant improvement of the property.
13. Prior to obtaining a building permit, an approval from the RHCA will be
required.
14. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file this staff report or
provide other direction to staff.
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
ZC NO.721
CC 3/27/06
3
PREVIOUSLY APPROVED
NO CHANGES WILL RESULT
FROM THE CURRENTLY
PROPOSED PROJECT
ZONING CASE NO. 658A & 658B
SITE PLAN REVIEW
RA-S-1 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 20 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
(Site Plan Review required if size of
structure increases by at least 1,000 sq. ft.
and has the effect of increasing the size of
the structure by more than 25% in a 36-
month period).
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING PAD
COVERAGE (30% maximum auideline)
BARN PAD COVERAGE
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., must be balanced on site
DISTURBED AREA
(40% maximum; any graded building pad
area, any remedial grading (temporary
disturbance), any graded slopes and
building pad areas, and any nongraded
area where impervious surfaces exist.)
STABLE (minimum 450 sq. ft.) and
CORRAL (minimum 550 sq. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
ZC NO. 721
CC 3/27/06
EXISTING
Single family residence,
which encroaches into
the front and side yard
setbacks
Residence
Garage
Stable
Service
Yard
TOTAL
7.3%
19.0%
59.3%
N/A
2007sq.ft.
527 sq.ft
0 sq.ft
96 sq.ft.
I PREVIOUSLY APPROVED
999 sq.ft. additions of which
340 sq.ft. would encroach
into side yard setbacks
Residence
Garage
Stable
Service Yard
3006 sq.ft
527 sq.ft.
450 sq.ft.
96 sq.ft
2,630 sq.ft TOTAL 4,079 sq.ft.
11.3%
18.3%
73.5% of 4,940 sq.ft. pad
39.3% of 1,144 sq.ft. pad
None. Grading will be
required for stable, if built.
21.6% of 36,013 sq.ft.
pad
N/A
N/A
Existing from Middleridge
Lane
N/A
N/A
4
24.4% of 36,013 sq.ft. net
lot area and it includes
future stable.
Future, across from main
residence.
From Middleridge Lane
Existing from Middleridge
Lane
Planning Commission
conditions
Planning Commission
conditions
FINAL APPROVAL
154 sq.ft. addition to further
encroach into the side yard
setback with 42 sq.ft.
Residence
Garage
Stable
Service Yard
3160 sq.ft.
527 sq.ft.
450 sq.ft.
96 sq.ft.
TOTAL 4,233 sq.ft
11.8% of 36,013 sq.ft. net lot
area
18.8%
76.5% of 4,940 sq.ft. pad
39.3% of 1,144 sq.ft. pad
None. Grading will be required
for stable, if built.
24.4% of 36,013 sq.ft. net lot
area and it includes future
stable.
Future, across from main
residence.
From Middleridge Lane -future
Existing from Middleridge Lane
Planning Commission
conditions
Planning Commission
conditions
Matthew & Angela McConaughy
15 N. Middleridge Lane
Rolling Hills, Ca 90274
310-541-8310
January 12, 2006
By
To: City of Rolling Hills Officials
F E B 2 s 2006
CITY OF ROLLING HILLS
We live right next door to the Post family, on the south side, and closest to the pergola in
.question. We have reviewed and evaluated both the placement and the aesthetics of the
pergola, and we have the following opinion: It does not have any negative impact
whatsoever, and in fact, we believe that it is enhancement for their property and our
property as well. We believe it is appropriately placed, and is aesthetically pleasing from
all vantage points on our property.
We urge those evaluating a variance in this case to grant a variance for this enhancement
to the neighborhood and our property.
Mattl w McConaughy
l l
Angela l cConauglliy
✓1itl.' � �
RESOLUTION NO. 2006-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT
CONSTRUCTION OF DETACHED ACCESSORY STRUCTURES WHICH
WOULD ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 721, AT
17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. John Post with respect
to real property located at 17 Middleridge Road North, Rolling Hills (Lot 5-MR)
requesting a Variance to construct a 192 square foot trellis, 48 square foot seating wall
and 42 square foot barbecue, which would be located in the south side yard setback.
The applicants commenced construction prior to Planning Commission approval.
Section 2. The Planning Commission conducted duly noticed public hearing
to consider the application on February 21, 2006. The applicants were notified of the
public hearing 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 was in attendance at the hearing.
Section 3. The Planning Commission finds that the project is exempt from
environmental review under the California Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in
the vicinity. A Variance to Section 17.16.120 is required because it states that every lot in
the RAS-1 zone shall have a side yard of not less than 20 feet from the side property
line. The applicant is requesting a Variance to encroach up to 15 feet into the required
20-foot south side 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 that do not apply generally to the other properties or class of
use in the same zone because the subject lot is divided by Middleridge Lane and the
portion of the developed lot is small in size in comparison to other properties. The lot
size and topography, together with the existing development on the lot creates a
difficulty in meeting the side yard setback Code requirement and in placing the
proposed structures elsewhere on the lot.
The property was originally developed with the residence encroaching up to 8 feet into
the south side yard setback, and in 2004 a Variance was approved to further encroach
• •
with an addition into the setback. The accessory structures will follow the line of
encroachment of the residence in the side yard setback.
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. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. The Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties and will allow placement of the proposed structures
in most usable area, on a previously approved patio area.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located. Development in the side yard will allow the remaining
portion of the lot to remain undeveloped, would minimize grading and would follow
the existing line of encroachment. The area of addition is screened from adjacent
property owners and would not impair views. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City. In addition, the
adjacent property owners, who would be most affected by this development submitted
a letter in support of the structures in the side yard.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed structures will be orderly, attractive and will
protect the rural character of the community. The proposed structures will not encroach
into potentially future equestrian uses on the property. A suitable stable and corral area
has been set -aside on the site. The proposed structures will be located on a previously
approved patio area.
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 5. Pursuant to Section 17.16.200J of the Zoning Ordinance, free
standing structures, such as trellises, barbeques, gazebos and similar structures are not
counted towards structural, total and disturbed area of the net lot, or building pad
coverage, provided there is no more than 5 such structures on the lot or the combined
size of such structures does not exceed 600 square feet. Therefore, the proposed
structures are not counted against the maximum permitted lot coverages and would not
exceed the previously approved development standards.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance in Zoning Case No. 721 to encroach with the 192 square
foot trellis, 48 square foot seating wall and 42 square foot barbecue into the south side
yard setback subject to the following conditions:
Reso. 2006-04
Post
2�
• •
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, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated February 6,2006 except as
otherwise provided in these conditions.
E. The property on which the project is located contains a suitable area for a
future stable and corral with access thereto.
F. The property owners shall comply with the requirements of the Lighting
Requirements of the City of Rolling Hills, pertaining to lighting on said property.
G. Structural lot coverage shall not exceed 4,233 square feet or 11.8% in
conformance with lot coverage limitations.
H. Total lot coverage of structures and paved areas shall not exceed 6,767
square feet or 18.8% in conformance with total lot coverage limitations.
I. The disturbed area of the lot shall not exceed 8,800 square feet or 24.4% in
conformance with disturbed area limitations.
J. Residential building pad coverage on the 4,940 square foot residential
building pad shall not exceed 76.5%.
K. There shall be no grading for this project.
L. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
M. If new landscaping is introduced for this project, the 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 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.
Reso. 2006-04
Post
•
•
Further, landscaping shall be designed using mature trees and shrubs so as not to
obstruct views of neighboring properties but to screen the residence. Any new trees and
shrubs planned to be planted in conjunction with this project shall, at maturity, not be
higher than the ridge height of the residence.
N. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to the property, which would constitute additional
grading or structural development, shall require the filing of a new application for
approval by the Planning Commission.
O. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
P. 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.
Q. 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.
R. Prior to continuing construction, the applicants shall obtain RHCA
Architectural Committee approval and building permits from Los Angeles County
Department of Building and Safety.
S. 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.
T. All conditions of this Variance approval, that apply, must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2006.
ATTEST:
MARILYNycEAN, DEPUTY C/ CLERK
Reso. 2006-04
Post
4
LOREN'DEROY, CHP�RWOMMN
1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2006-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF DETACHED
ACCESSORY STRUCTURES WHICH WOULD ENCROACH INTO THE SOUTH SIDE
YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 721, AT 17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
was approved and adopted at a regular meeting of the Planning Commission on March
21, 2006 by the following roll call vote:
AYES: Commissioners Hankins, Henke, Sommer, Witte and Chairwoman DeRoy.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2006-04
Post
Ade
DEPUTY TY CLERK
5 9
•
e•4 oyePenS �re�
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
DATE:
TO:
FROM:
MARCH 21, 2006
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 721
17 MIDDLERIDGE LANE NORTH (LOT 5-MR)
RA-S-1, 1.28 ACRES (GROSS)
MR. AND MRS. JOHN POST
MR. POST, APPLICANT
FEBRUARY 11, 2006
RESOLUTION NO. 2006-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF
DETACHED ACCESSORY STRUCTURES WHICH WOULD ENCROACH INTO
THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 721, AT 17 MIDDLERIDGE LANE NORTH,
(LOT 5-MR), (POST).
BACKGROUND
1. At the February 21, 2006 Commission meeting, the Planning Commission
directed staff to prepare a Resolution of approval in the above case. The vote was
5-0.
2. The attached Resolution No. 2006-04 contains standard findings of facts
and conditions, including that the applicant obtain the appropriate building
permits.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2006-04
approving this case.
@Printurl on Ri cyrb;r1 f';i{ua
• •
RESOLUTION NO. 2006-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT
CONSTRUCTION OF DETACHED ACCESSORY STRUCTURES WHICH
WOULD ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 721, AT
17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. John Post with respect
to real property located at 17 Middleridge Road North, Rolling Hills (Lot 5-MR)
requesting a Variance to construct a 192 square foot trellis, 48 square foot seating wall
and 42 square foot barbecue, which would be located in the south side yard setback.
The applicants commenced construction prior to Planning Commission approval.
Section 2. The Planning Commission conducted duly noticed public hearing
to consider the application on February 21, 2006. The applicants were notified of the
public hearing 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 was in attendance at the hearing.
Section 3. The Planning Commission finds that the project is exempt from
environmental review under the California Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in
the vicinity. A Variance to Section 17.16.120 is required because it states that every lot in
the RAS-1 zone shall have a side yard of not less than 20 feet from the side property
line. The applicant is requesting a Variance to encroach up to 15 feet into the required
20-foot south side 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 that do not apply generally to the other properties or class of
use in the same zone because the subject lot is divided by Middleridge Lane and the
portion of the developed lot is small in size in comparison to other properties. The lot
size and topography, together with the existing development on the lot creates a
difficulty in meeting the side yard setback Code requirement and in placing the
proposed structures elsewhere on the lot.
The property was originally developed with the residence encroaching up to 8 feet into
the south side yard setback, and in 2004 a Variance was approved to further encroach
• •
with an addition into the setback. The accessory structures will follow the line of
encroachment of the residence in the side yard setback.
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. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. The Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties and will allow placement of the proposed structures
in most usable area, on a previously approved patio area.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located. Development in the side yard will allow the remaining
portion of the lot to remain undeveloped, would minimize grading and would follow
the existing line of encroachment. The area of addition is screened from adjacent
property owners and would not impair views. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City. In addition, the
adjacent property owners, who would be most affected by this development submitted
a letter in support of the structures in the side yard.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed structures will be orderly, attractive and will
protect the rural character of the community. The proposed structures will not encroach
into potentially future equestrian uses on the property. A suitable stable and corral area
has been set -aside on the site. The proposed structures will be located on a previously
approved patio area.
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 5. Pursuant to Section 17.16.200J of the Zoning Ordinance, free
standing structures, such as trellises, barbeques, gazebos and similar structures are not
counted towards structural, total and disturbed area of the net lot, or building pad
coverage, provided there is no more than 5 such structures on the lot or the combined
size of such structures does not exceed 600 square feet. Therefore, the proposed
structures are not counted against the maximum permitted lot coverages and would not
exceed the previously approved development standards.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance in Zoning Case No. 721 to encroach with the 192 square
foot trellis, 48 square foot seating wall and 42 square foot barbecue into the south side
yard setback subject to the following conditions:
Reso. 2006-04
Post
• •
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, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated February 6,2006 except as
otherwise provided in these conditions.
E. The property on which the project is located contains a suitable area for a
future stable and corral with access thereto.
F. The property owners shall comply with the requirements of the Lighting
Requirements of the City of Rolling Hills, pertaining to lighting on said property.
G. Structural lot coverage shall not exceed 4,233 square feet or 11.8% in
conformance with lot coverage limitations.
H. Total lot coverage of structures and paved areas shall not exceed 6,767
square feet or 18.8% in conformance with total lot coverage limitations.
I. The disturbed area of the lot shall not exceed 8,800 square feet or 24.4% in
conformance with disturbed area limitations.
J. Residential building pad coverage on the 4,940 square foot residential
building pad shall not exceed 76.5%.
K. There shall be no grading for this project.
L. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
M. If new landscaping is introduced for this project, the 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 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.
Reso. 2006-04
Post
• •
Further, landscaping shall be designed using mature trees and shrubs so as not to
obstruct views of neighboring properties but to screen the residence. Any new trees and
shrubs planned to be planted in conjunction with this project shall, at maturity, not be
higher than the ridge height of the residence.
N. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to the property, which would constitute additional
grading or structural development, shall require the filing of a new application for
approval by the Planning Commission.
O. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
P. 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.
Q. 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.
R. Prior to continuing construction, the applicants shall obtain RHCA
Architectural Committee approval and building permits from Los Angeles County
Department of Building and Safety.
S. 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.
T. All conditions of this Variance approval, that apply, must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2006.
LOREN DEROY, CHAIRWOMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. 2006-04
Post
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2006-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF DETACHED
ACCESSORY STRUCTURES WHICH WOULD ENCROACH INTO THE SOUTH SIDE
YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 721, AT 17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
was approved and adopted at a regular meeting of the Planning Commission on March
21, 2006 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.
Reso. 2006-04
Post
DEPUTY CITY CLERK
5
DATE:
TO:
FROM:
•
e11y 0/{2 P?,.9 J1,PP,
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
FEBRUARY 21, 2006
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
REQUEST
ZONING CASE NO. 721
17 MIDDLERIDGE LANE NORTH (LOT 5-MR)
RA-S-1, 1.28 ACRES (GROSS)
MR. AND MRS. JOHN POST
MR. POST, APPLICANT
FEBRUARY 11, 2006
Request for a Variance to encroach with a barbecue, trellis and a seating wall into
the side yard setback at an existing single family residence.
BACKGROUND
1. The applicants seek a Variance to allow the completion of construction of a
194 square foot trellis, 42 square foot barbecue and 48 square foot seating wall
located in the side yard setback. The applicants have commenced the construction
of these structures.
2. In April 2003, the Planning Commission approved a 999 square foot
addition to an existing 2,007 square foot residence with 527 square foot garage. A
Variance was approved to permit portions of the addition to encroach into the
north and south side yard setbacks. In February 2004, the Planning Commission
approved a modification to the previous application to add additional 154 square
feet of which 42 square feet encroached into the south side yard setback. The
approved additions along the southerly side encroach up to 11.8 feet into the
required 20-foot side yard setback.
3. The previous approvals contain a restrictive development condition,
requiring that the Planning Commission review any future development on
the lot. In this case, the development necessitates a Variance, which
automatically requires Planning Commission review, and therefore a Site Plan
Review application is not necessary in order to assure Planning Commission
review of the proposed development.
ZC NO. 721
PC 7 / 71 I nh
Ca
'rin',ed on R!: Cyr;l.rd I':iurr
• •
4. The trellis, barbecue and sitting wall are located behind the addition in the
south side yard setback. Because the side property line tapers off in an easterly
direction, the encroachment of the trellis, seating wall and barbecue vary from 11.5
feet to 16 feet into the required 20-foot side yard setback.
5. The RHCA approved an easement encroachment agreement, to allow the
applicants to encroach into the southerly easement.
6. A 450 square foot future stable and corral location was approved with the
previous Variance and is proposed across from the main residence off of
Middleridge Lane North.
7. The property is located in the RAS-1 zone and is divided by Middleridge
Lane North along 130 feet street frontage. The gross lot area, including the street is
55,756 square feet, (1.28 acres). The net lot area for development purposes is 36,013
square feet, of which approximately 10,000 square feet is located on the west side
of Middleridge Lane N.
8. The structures are located in an area of a previously approved patio, and no
additional hardscape is proposed. Such structures are permitted uses, however
they may not be located in setbacks.
9. Pursuant to Section 17.16.200J of the Zoning Ordinance, free standing
structures, such as trellises, barbeques, gazebos and similar structures are not
counted towards the structural, total and disturbed area of the net lot, or building
pad coverage, provided there is no more than 5 such structures on the lot or the
combined size of such structures does not exceed 600 square feet. Therefore, the
proposed structures would not exceed the previously approved development
standards, which are as follows:
a) The structural lot coverage is 4,233 square feet or 11.8% of the net lot
area, (20% permitted);
b) The total lot coverage, including structures and flatwork is 6,767
square feet or 18.8% of the net lot area, (35% permitted);
c) The disturbed area of the lot is 8,800 square feet or 24.4% of the net
lot area, which includes the future stable, (40% maximum permitted);
d) The residential building pad is 4,940 square feet and has a coverage
of 3,783 square feet or 76.5%.
10. Responding to the criteria to be satisfied for grant of a Variance, the
applicant states in part that the proposed development is consistent with all the
homes on Middleridge Lane North. Most homes are built almost to the easement
line. With the addition of the trellis, barbecue and seating wall, the applicant states
that they are significantly under the allowable structural, total and disturbed area
coverage. The applicant further states that all lots on Middleridge Lane North are
very narrow with small building pads. Encroaching into setback/ easement is
organic to any significant improvement of the property.
11. Prior to obtaining a building permit, an approval from the RHCA will be
required.
ZC NO.721
nr-001 /nA
12. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the staff report, open
the public hearing and take public testimony.
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
ZC NO. 721
PC7/21 /nA,
PREVIOUSLY APPROVED — NO CHANGES WILL RESULT FROM THE
CURRENTLY PROPOSED PROTECT
ZONING CASE NO. 658A & 658B
SITE PLAN REVIEW
RA-S-1 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 20 ft. from property line
Rear: 50 ft. from property line
STRUCTURES
(Site Plan Review required if size of
structure increases by at least 1,000 sq. ft.
and has the effect of increasing the size of
the structure by more than 25% in a 36-
month period).
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING PAD
COVERAGE (30% maximum auidelinel
BARN PAD COVERAGE
ZC NO. 721
PC 2/21/06
4
EXISTING
Single family residence,
which encroaches into
the front and side yard
setbacks
Residence
Garage
Stable
Service
Yard
2007sq.ft.
527 sq.ft
0 sq.ft
96 sq.ft.
PREVIOUSLY APPROVED
999 sq.ft. additions of which
340 sq.ft. would encroach
into side yard setbacks
Residence
Garage
Stable
Service Yard
3006 sq.ft
527 sq.ft.
450 sq.ft.
96 sq.ft
TOTAL 2,630 sq.ft TOTAL 4,079 sq.ft.
7.3% 11.3%
19.0% 18.3%
59.3% 73.5% of 4,940 sq.ft. pad
39.3% of 1,144 sq.ft. pad
FINAL APPROVAL
154 sq.ft. addition to further
encroach into the side yard
setback with 42 sq.ft.
Residence
Garage
Stable
Service Yard
3160 sq.ft.
527 sq.ft.
450 sq.ft.
96 sq.ft.
TOTAL 4,233 sq.ft
11.8% of 36,013 sq.ft. net lot
area
18.8%
76.5% of 4,940 sq.ft. pad
39.3% of 1,144 sq.ft. pad
GRADING N/A
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., must be balanced on site
DISTURBED AREA
(40% maximum; any graded building pad pad
area, any remedial grading (temporary
disturbance), any graded slopes and
building pad areas, and any nongraded
area where impervious surfaces exist.)
STABLE (minimum 450 sa. ft.) and
CORRAL (minimum 550 sa. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
ZC NO. 721
PC 2/21/06
5
21.6% of 36,013 sq.ft.
N/A
N/A
Existing from Middleridge
Lane
N/A
N/A
None. Grading will be
required for stable, if built.
24.4% of 36,013 sq.ft. net
lot area and it includes
future stable.
Future, across from main
residence.
From Middleridge Lane
Existing from Middleridge
Lane
Planning Commission
conditions
Planning Commission
conditions
None. Grading will be required
for stable, if built.
24.4% of 36,013 sq.ft. net lot
area and it includes future
stable.
Future, across from main
residence.
From Middleridge Lane -future
Existing from Middleridge Lane
Planning Commission
conditions
Planning Commission
conditions
•
City 0/ PO/ling ...1h/J INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 4E
Mtg. Date: 2/23/04
DATE: FEBRUARY 23, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTN: CRAIG R. NEALIS, CITY MANAGER
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
SUBJECT: RESOLUTION NO. 2004-07.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A MODIFICATION TO A
PREVIOUSLY APPROVED VARIANCE TO PERMIT
CONSTRUCTION OF AN ADDITION THAT WOULD FURTHER
ENCROACH INTO THE REQUIRED SIDE YARD SETBACK AND
GRANTING A SITE PLAN REVIEW FOR THE ADDITION AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
658A-MODIFICATION AND 658B SITE PLAN REVIEW, AT 17
MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
BACKGROUND
1. The Planning Commission adopted Resolution No. 2004-07, which is
attached, on February 17, 2004 at their regular meeting granting a request for a
Modification to a previously approved Variance and a Site Plan Review for
construction of an addition at an existing single family residence at 17
Middleridge Lane North. The vote was 5-0.
2. The applicants propose to construct a 154 square foot addition, of which 42
square feet would encroach further into the south side yard setback than
previously approved. This addition will allow the owners to square off the house
and fill some areas under the existing roof. An,88 square foot encroachment into
the side yard setback was previously approved. The proposed residence will be
3,160 square feet.
3. In April 2003, the Planning Commission by Resolution No. 2003-07
approved a 999 square foot addition to an existing 2,007 square foot residence with
527 square foot garage. A Variance application was processed to permit portions of
the addition to encroach into the north and south side yard setbacks. At the north
ZC No.658A Mod. & 658B SPR
CC 2/23/04 1
0
®Printed on tiecY(;ln<i r'In,rn
• •
end of the residence, 252 square feet of the addition was approved to encroach into
the side yard setback. At the south side of the residence approximately 88 square
feet of the addition was approved to encroach 8 feet into the 20-foot side yard
setback. The project is in the final stages of County review for the previously
approved additions.
4. The proposed 42 square foot addition at the southerly side will encroach 1.8
feet further into the side yard setback than the previously approved encroachment,
and will be located along the existing building line, which encroaches ten feet into
the 20 foot side yard setback. The addition, at the furthest encroachment point, will
be 8.2 feet from the south side property line.
5. - The application requires a Variance due to the proposed further
encroachment into the side yard setback, and a Site Plan Review due to the fact
that more than 1,000 square feet is proposed to be added to the residence in 36
months period. Section 17.46.020(3) of the Zoning Code requires a Site Plan Review
for "the expansion, modification, alteration or repair of any existing building or
structure, which either requires a grading permit or increases the size of the
building or structure by at least one thousand square feet and has the effect of
increasing the size of the building or structure by more than 25% in any thirty-six
month period".
In April, the applicant received permission to add 999 square feet to the existing
residence, which did not trigger a Site Plan Review. Currently, with the proposed
152 square foot addition, the proposed development exceeds 1,000 square feet in
36 months, and therefore, requires a Site Plan Review application.
6. The RHCA approved an easement encroachment agreement, to allow the
applicants to encroach two feet into a 10-foot easement with the 42 square foot
addition.
7. A 450 square foot future stable and corral location was approved with the
previous Variance and is proposed across from the main residence off of
Middleridge Lane North.
8. Approximately 1,700 square feet of the existing house encroaches into the
front and side yard setbacks. Most of the homes on Middleridge Lane North
encroach into the required front and side yard setbacks. These homes were built in
the early to mid 1950's, prior to City incorporation, and therefore, generally consist
of legal non -conforming structures. Subject home was built in 1955.
9. The property is located in the RAS-1 zone and is divided by Middleridge
Lane North along 130 feet street frontage. The gross lot area, including the street is
55,756 square feet, (1.28 acres). The net lot area for development purposes is 36,013
square feet.
10. The proposed addition will be located in an area of an existing patio, and no
additional disturbance or grading will be required for this project.
ZC No.658A Mod. & 658B SPR
CC 2/23/04
•
11. The structural lot coverage proposed is 4,233 square feet (previously
approved at 4,079 sq.ft.), which includes 3,160 sq.ft. house, 527 sq.ft. garage, a
service yard and 450 sq. ft. future stable) or 11.8% of the net lot area, (20%
permitted). The total lot coverage proposed, including structures and flatwork is
6,767 square feet or 18.8% of the net lot area, (35% permitted).
12. The 4,940 square foot existing residential building pad will have proposed
coverage of 3,783, square feet or 76.5%. (Previously approved at 73.5%). Most of
the residence as well as the building pad are located in the setbacks. The entire
residence is included in the calculations for residential building pad coverage;
however, the portion of the pad located in the setbacks is not counted towards
building pad area. The future stable pad coverage is proposed to be 39.3%, as
previously approved.
13. The disturbed area of the lot will be 8,800 square feet or 24.4% of the net lot
area, which includes the future stable, (40% maximum permitted).
14. Responding to the criteria to be satisfied for grant of a Variance, the
applicant states that the remainder of the homes in the neighborhood encroach
into setbacks and that the shape and location of the existing building pads prevent
additions outside of the setbacks. The proposed addition will follow the line of
current encroachments. The topography of the land is such that there is no
adequate flat area on the lot.
15. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file the staff report or
provide direction to staff.
ZC No.658A Mod. & 658B SPR
CC 2/23/04
30
• •
VARIANCE REQUIRED 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; and
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; and
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; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
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.
NEARBY PROPERTIES
ADDRESS
22 Middleridge Lane N.
23 Middleridge Lane N.
21 Middleridge Lane N.
19 Middleridge Lane N.
9 Middleridge Lane N.
11 Middleridge Lane N.
15 Middleridge Lane N.
AVERAGE
17 Middleridge Lane
North
OWNER
Chelf
Houske
Kamali
Gales
Watts
Moore
Pertschi
Post
RESIDENCE
In square feet
2,004
2,454
2,844
1,761
2,937
3,240
2,896
2,590
Existing -2,007;
Previously
Approved- 3,006;
Proposed -3,160
SOURCE: Assessors' Records
The above calculations do not include garages.
ZC No.658A Mod. & 658B SPR
CC 2/23/04
LOT AREA
(excl. road)
38,400
42,253
53,140
49,223
49,660
50,530
43,996
46,743
49,223
ZONING CASE NO. 658A & 658B
SITE PLAN REVIEW
RA-S-1 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 20 ft. from property line
Rear: 50 ft. from property line
STRUCTURES -
(Site Plan Review required if size of
structure increases by at least 1,000 sq. ft.
and has the effect of increasing the size of
the structure by more than 25% in a 36-
month period).
STRUCTURAL LOT COVERAGE
(20% maximum)
TOTAL LOT COVERAGE
(35% maximum)
RESIDENTIAL BUILDING PAD
COVERAGE (30% maximum auidelinel
BARN PAD COVERAGE
ZC No.658A Mod. & 658B SPR
CC 2/23/04
5
EXISTING
Single family residence,
which encroaches into
the front and side yard
setbacks
Residence
Garage
Stable
Service
Yard
2007sq.ft.
527 sq.ft
0 sq.ft
96 sq.ft.
TOTAL 2,630 sq.ft
7.3%
19.0%
59.3%
APPROVED 4/2003
999 sq.ft. additions of which
340 sq.ft.. would encroach
into side yard setbacks
Residence
Garage
Stable
Service Yard
3006 sq.ft
527 sq.ft.
450 sq.ft.
96 sq.ft
TOTAL 4,079 sq.ft.
11.3%
18.3%
73.5% of 4,940 sq.ft. pad
39.3% of 1,144 sq.ft. pad
PROPOSED MODIFICATION
154 sq.ft. addition to further
encroach into the side yard
setback with 42 sq.ft.
Residence
Garage
Stable
Service Yard
3160 sq.ft.
527 sq.ft.
450 sq.ft.
96 sq.ft.
TOTAL 4,233 sq.ft
11.8% of 36,013 sq.ft. net lot
area
18.8%
76.5% of 4,940 sq.ft. pad
39.3% of 1,144 sq.ft. pad
•
GRADING N/A
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., must be balanced on site
DISTURBED AREA
(40% maximum; any graded building pad pad
area, any remedial grading (temporary
disturbance), any graded slopes and
building pad areas, and any nongraded
area where impervious surfaces exist.)
STABLE (minimum 450 sa. ft.) and
CORRAL (minimum 550 so. ft.)
STABLE ACCESS
ACCESSWAY
VIEWS
PLANTS AND ANIMALS
21.6% of 36,013 sq.ft.
N/A
N/A
None. Grading will be
required for stable, if built.
24.4% of 36,013 sq.ft. net
lot area and it includes
future stable.
Existing from Middleridge
Lane
N/A
N/A
Future, across from main
residence.
From Middleridge Lane
Existing from Middleridge
Lane
Planning Commission
condition
Planning Commission
condition
ZC No.658A Mod. & 658B SPR
CC 2/23/04 - 6
None. Grading will be required
for stable, if built.
24.4% of 36,013 sq.ft. net lot
area and it includes future
stable.
Future, across from main
residence.
From Middleridge Lane
Existing from Middleridge Lane
Planning Commission condition
Planning Commission condition
•
• •
RESOLUTION NO. 2004-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A MODIFICATION TO A PREVIOUSLY
APPROVED VARIANCE TO PERMIT CONSTRUCTION OF AN
ADDITION THAT WOULD FURTHER ENCROACH INTO THE
REQUIRED SIDE YARD SETBACK AND GRANTING A SITE PLAN
REVIEW APPROVAL FOR THE ADDITION AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 658A-MODIFICATION AND
658B SITE PLAN REVIEW, AT 17 MIDDLERIDGE LANE NORTH, (LOT 5-
MR), (POST).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Post with respect to
real property located at 17 Middleridge Lane North, Rolling Hills (Lot 5-MR) requesting
a 154 square foot addition, of which 42 square feet would encroach further than
previously approved into the side yard setback. In April 2003, the Planning
Commission approved a 999 square foot addition to an existing 2,007 square foot
residence, of which 340 square feet would encroach into the required side yard setbacks.
With the additions the house will have 3,160 square feet.
Section 2. Section 17.46.030 of the Zoning Ordinance requires a development
plan to be submitted for site plan review and approval before any grading requiring a
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 addition, between the April 2003 approval
and the current approval, the applicant proposes to construct 1,153 square foot addition
in a 36-month period.
Section 3. The Planning Commission conducted duly noticed public hearings
to consider the applications on December 16, 2003, January 20, 2004, and at a field trip
visit on January 17, 2004. 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
his representative were in attendance at the hearings.
Section 4. 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.
Section 5. The proposed addition would encroach into the required 10-foot
easement. The Rolling Hills Community Association granted the applicants
• •
encroachment permit along the south side of the property to encroach into the easement
with the proposed construction.
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. A Variance to Section 17.16.120 is required because it states that every
lot in the RAS-1 zone shall have a side yard of not less than 20 feet from the side
property line. The applicant is requesting a modification of a previously approved
Variance to encroach 11.8 feet into the required 20-foot south side yard setback, for a
total of 42 square feet encroachment. 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 because the lot is divided by a roadway and the area of the lot
where the addition is proposed is small in size in comparison to the average lots in the
City. The lot size and configuration, together with the existing development on the lot
creates a difficulty in meeting the setback Code requirement.
The existing legal nonconforming residence was built with the residence encroaching
up to 10 feet into the side yard setbacks and 20 feet into the front yard setback. The
existing residence and proposed additions are modest in size.
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. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. The Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such vicinity and
zone in which the property is located. Development in the side yard will allow the
remaining portion of the lot to remain undeveloped, and would minimize grading. The
structural lot coverage and the total impervious lot coverage are within the
requirements of the City. The residential building pad coverage exceeds the City's
guidelines of 30%.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 658 Modification to encroach into
the south side yard setbacks, to construct a 154 square foot addition at an existing single
family residential development, of which 42 square feet will encroach into the side yard
setback, as indicated on the development plan dated December 3, 2003, submitted with
this application and incorporated herein by reference as Exhibit A.
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Section 6. Section 17.46.030 of the Zoning Ordinance requires a development
plan to be submitted for site plan review and approval before any grading requiring a
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 addition, between the April 2003 approval
and the current approval, the applicant proposes to construct 1,153 square foot addition
in a 36-month period. With respect to this 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 lot coverage requirements and disturbed area, except for the encroachment into
the setbacks, with the front yard encroachment being pre-existing. The net lot area of
the lot is 36,013 square feet, (4.2 acres). The proposed residence (3,160 sq.ft.), existing
garage (527 sq.ft.), service yard (96 sq.ft.), and future stable (450 sq.ft.) will have 4,233
square feet of structures, which constitutes 11.8% 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 6,767 square feet, which constitutes 18.8%
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 24.4%, which is within 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 nature,
condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction of the addition will
not adversely affect or be materially detrimental to the adjacent uses, buildings, or
structures because the proposed addition will be constructed on a portion of the lot
which is the 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 structure 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 and the proposed project is consistent with the scale of the neighborhood.
D. The development will not reduce the amount of existing trees and native
vegetation. The development plan preserves the rural character of the community.
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E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. There will be no grading for this
project, as the addition will be constructed on an existing building pad.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the project
will utilize the existing accessway.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 7. Based upon the foregoing findings, and as approved in Section 5
above, the Planning Commission hereby approves the Site Plan Review application for
Zoning Case No. 658 Modification for construction of a 154 square foot addition at an
existing single family residential development, of which 42 square feet will encroach
into the side yard setback, as indicated on the development plan dated December 3,
2003, and incorporated herein by reference as Exhibit A, subject to the following
conditions:
A. The Variance and Site Plan approvals shall expire within one year from
the effective date of approval as defined in Sections 17.38.070 and 17.42.080, unless
otherwise extended pursuant to the requirements of these sections.
B. It is declared and made a condition of the Variance and Site Plan Review,
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, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated December 3, 2003, except as
otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
minimum of 1,000 square feet to provide an area meeting all standards for a stable (450
square feet) and corral (550 square feet) with vehicular access thereto.
F. The property owners shall comply with the requirements of the Lighting
Ordinance of the City of Rolling Hills, (ORDINANCE NO. 287) pertaining to lighting on
said property.
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G. The property owners shall comply with the requirements of Section
17.16.190 of the Zoning Ordinance pertaining to roof covering.
H. Utility lines serving subject property shall be placed underground.
I. Structural lot coverage shall not exceed 4,233 square feet or 11.8% in
conformance with lot coverage limitations.
J. Total lot coverage of structures and paved areas shall not exceed 6,767
square feet or 18.8% in conformance with total lot coverage limitations.
K. The disturbed area of the lot shall not exceed 8,800 square feet or 24.4% in
conformance with disturbed area limitations.
L. Residential building pad coverage on the 4,940 square foot residential
building pad shall not exceed 3,783 square feet or 76.5%; coverage on the 1,144 square
foot future stable pad shall not exceed 450 square feet or 39.3%°.
M. There shall be no grading of the site, except for the future stable.
N. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
O. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
P. During construction, conformance with local ordinances and engineering
practices so that people or property are not exposed to landslides, mudflows, erosion,
or land subsidence shall be required.
Q. 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, objectionable odors, landslides, mudflows, erosion, or land
subsidence shall be required.
R. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 1996 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.
S. 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.
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T. 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.
U. 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.
V. 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.
W. The drainage plan shall be approved by the Planning Department and the
L.A. County Building Division, to include any water from any site irrigation systems
and that all drainage from the site shall be conveyed in an approved manner.
X. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of a
building permit.
Y. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
Z. The applicant shall execute an Affidavit of Acceptance of all conditions of
this Variance and Site Plan Review approvals, pursuant to Section 17.38.060, or the
approval shall not be effective.
AA. All conditions of this Variance and Site Plan Review approvals, that apply,
must be complied with prior to the issuance of a building permit from the County of
Los Angeles.
AB. 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 additional lot disturbance shall require the filing of a new
application for discretionary review and approval by the Planning Commission.
PASSED, APPROVED AND ADO THIS 17th DAY OF FEBRUARY 2004.
A 1 It ,CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2004-07 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A MODIFICATION TO.A PREVIOUSLY APPROVED VARIANCE
TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD FURTHER
ENCROACH INTO THE REQUIRED SIDE YARD SETBACK AND GRANTING A SITE
PLAN REVIEW APPROVAL FOR THE ADDITION AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 658A-MODIFICATION AND 658B SITE
PLAN REVIEW, AT 17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
was approved and adopted at a regular meeting of the Planning Commission on
February 17, 2004 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY'CLERK
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