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506, Addition to master bedroom wit, Staff ReportsHEARING DATE: TO: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST • • City ,,/ Roffiny INCORPORATED JANUARY 24, 1957 JANUARY 18, 1994 PLANNING COMMISSION LOLA UNGAR, PRINCIPAL PLANNER NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 ZONING CASE NO. 506 63 CREST ROAD EAST (LOT 70-B-2-MS) RAS-2, 6.357 ACRES MR. AND MRS. WILLIAM LENNARTZ MR. DOUGLAS MCHATTIE, SOUTH BAY ENGINEERING JANUARY 1, 1994 The applicants request a Variance to permit the encroachment of master bedroom additions into the front yard setback at an existing single family residence. DISCUSSION In reviewing the applicant's request under Title 17 (Zoning), staff would identify the following issues for evaluation: 1. The Planning Commission will have viewed a silhouette of the proposed project on Saturday, January 15, 1994. 2. A previous application for a Variance to permit encroachment 3 feet into the 35 foot side yard setback for a cabana and a Variance to encroach 42 feet and 43 feet, respectively, for master bedroom and laundry room additions into the front yard setback were approved by the Planning Commission in March, 1985 in Zoning Case No. 310 and expired March 19, 1986. At this time, the applicants are requesting Variances for master bedroom additions and the laundry room only. 3. Plans show a 581 square foot master bath/exercise addition with bay window, a 56 square foot laundry room addition. The master bedroom addition and laundry room will encroach into the front yard setback 42 feet and 43 feet, respectively. In addition, the bay window at the rear of the master bedroom will encroach 2 feet into the front yard setback at one corner of the window. The total square footage proposed for these additions will be 637 square feet. 4. The existing house and attached garage were built in 1956. 5. In January, 1978, a Variance addition that would encroach yard setback (current Code was approved for a residential 30 feet into the 30 foot front requires 50 feet) which was Printed on Recycled Paper. ZONING CASE NO. 506 PAGE 2 constructed. The current proposal is less than the existing front yard encroachment of the northwest portion of the residence. 6. In May, 1978, a Conditional Use Permit for a tennis court was approved subject to replanting and maintaining proper screening along the easterly boundary of the property with a 10 foot fence. 7. In February, 1980, a Conditional Use Permit for a 570 square foot guest house to be constructed west of the tennis court was approved but, not constructed. 8. Grading for the project site will not be required.• 9. The structural lot coverage proposed is 14,172 square feet or 6.28% (20% permitted) and the total lot coverage proposed is 27,286 square feet or 12.08% (35% permitted). 10. The building pad coverage proposed is 6,236 square feet or 19.1% for the residential building pad and 42,979 square feet for pad coverage for both building pads or 33%. 11. Access to the property will not be affected and will continue along the west property line. 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 proposed plans and take public testimony. HEARING DATE: TO: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST • Cii, o/ RO//L4 INCORPORATED JANUARY 24, 1957 JANUARY 15, 1994 PLANNING COMMISSION LOLA UNGAR, PRINCIPAL PLANNER NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 ZONING CASE NO. 506 63 CREST ROAD EAST (LOT 70-B-2-MS) RAS-2, 6.357 ACRES MR. AND MRS. WILLIAM LENNARTZ MR. DOUGLAS MCHATTIE, SOUTH BAY ENGINEERING JANUARY 1, 1994 The applicants request a Variance to permit the encroachment of master bedroom additions into the front yard setback at an existing single family residence. DISCUSSION In reviewing the applicant's request under Title 17 (Zoning), staff would identify the following issues for evaluation: 1. A previous application for a Variance to permit encroachment 3 feet into the 35 foot side yard setback for a cabana and a Variance to encroach 42 feet and 43 feet, respectively, for master bedroom and laundry room additions into the front yard setback were approved by the Planning Commission in March, 1985 in Zoning Case No. 310 and expired March 19, 1986. At this time, the applicants are requesting Variances for master bedroom additions and the laundry room only. 2. Plans show a 581 square foot master bath/exercise addition with bay window, a 56 square foot laundry room addition. The master bedroom addition and laundry room will encroach into the front yard setback 42 feet and 43 feet, respectively. In addition, the bay window at the rear of the master bedroom will encroach 2 feet into the front yard setback at one corner of the window. The total square footage proposed for these. additions will be 637 square feet. 3. The existing house and attached garage were built in 1956. 4. In January,1978, a Variance was approved for a residential addition that would encroach 30 feet into the 30 foot front yard setback (current Code requires 50 feet) which was constructed. The current proposal is less than the existing front yard encroachment of the northwest portion of the residence. Printed on Recycled Paper. • • ZONING CASE NO. 506 PAGE 2 5. In May, 1978, a Conditional. Use Permit for a tennis court was approved subject to replanting and maintaining proper screening along the easterly boundary of the property with a 10 foot fence. 6. In February, 1980, a Conditional Use Permit for a 570 square foot guest house to be constructed west of the tennis court was approved but, not constructed. 7. Grading for the project site will not be required. 8. The structural lot coverage proposed is 14,172 square feet or 6.28% (20% permitted) and the total lot coverage proposed is 27,286 square feet or 12.08% (35% permitted). 9. The building pad coverage proposed is 6,236 square feet or 19.1% for the residential building pad and 42,979 square feet for pad coverage for both building pads or 33%. 10. Access to the property will not be affected and will continue along the west property line. 11. 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 proposed plans, view a silhouette of the project and take public testimony. • • RESOLUTION NO. 94-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR THE ENCROACHMENT OF ROOM ADDITIONS IN ZONING CASE NO. 506. 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. William Lennartz with respect to real property located at 63 Crest Road East, Rolling Hills (Lot 70-B-2-MS) requesting a Variance to permit the encroachment of room additions into the front yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a previously approved Variance on January 15, 1994 and at a field trip visit on January 15, 1994. Section 3. The Commission approved a similar request in Zoning Case No. 310 on March 19, 1985. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 5. Sections 17.38.010 through 17.38.050 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. A Variance to Section 17.16.110 is required to construct a master bedrom addition in the fifty (50) foot front yard setback. The applicants are requesting three separate residential additions, a 581 square foot master bedroom addition at the northeast portion of the house, a 56 square foot laundry room at the northern portion of the house and a bay window at the southeast side of the master bedroom. The master bedroom addition will encroach a maximum of 42 feet, the laundry room will encroach a maximum of 43 feet, and the bay window will encroach a maximum of 2 feet into the 50 foot front yard setback. The Planning Commission finds: A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because of the unique typography of the lot which is very steep at the back but relatively flat at the front. The proposed encroachment is less than the existing front yard encroachments of other portions of the residence. • • A T RESOLUTION NO. 94-2 PAGE 2 Although the residence is near the street, it is screened and obscured by dense shrubbery and there is a spacious open feel to the property. There are no residences close by to be affected. B. This 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 development pattern on the lot precludes the requested additions from being built into the rear yard. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach into the front yard setback for room additions to a maximum of 43 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.38.070(A)(1) of the Municipal Code. B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. 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 approved by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A except as otherwise provided in these conditions. E. The residential building pad coverage shall not exceed 19.1% and total building pad coverage shall not exceed 33%. F. Landscaping shall incorporate existing mature trees and native vegetation to the maximum extent feasible to screen and obscure the residence from Crest Road. E'er RESOLUTION NO. 94-2 PAGE 3 G. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. J. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. H. 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. I. Any modifications to the project which would constitute a modification to the development plan as approved by the Planning Commission shall require the filing of an application for modification of the Zoning Case pursuant to Section 17.46.070 of the Rolling Hills Municipal Code. K. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variances and Site Plan Review or the approvals shall not be effective. L. All conditions of the Variance approval must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF JANUARY, 1994. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 94-2 PAGE 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ss FT I certify that the foregoing Resolution No. 93-31 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR THE ENCROACHMENT OF ROOM ADDITIONS IN ZONING CASE NO. 506. was approved and adopted at an adjourned regular meeting of the Planning Commission on January 15, 1994 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 DEPUTY CITY CLERK 411 City 0/ kiting Ji/I S INCORPORATED JANUARY 24, 1957 AGENDA ITEM 4—B MEETING DATE 1/25/93 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 506 Mr. and Mrs. William R. Lennartz, 63 Crest Road East (Lot 70-B-2-MS) RESOLUTION NO. 94-2: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR THE ENCROACHMENT OF ROOM ADDITIONS IN ZONING CASE NO. 506. BACKGROUND 1. The Planning Commission approved the subject resolution on January 19, 1994. 2. A previous application was approved in 1985. Those approvals expired and the applicants have reapplied at this time. 3. The applicants are requesting a Variance to permit 3 room additions that total 637 square feet on the east end of their residence that encroach 42, 43 and 2 feet into the front yard setback. 4. Special conditions of the Planning Commission's approval are: (1) that the residential additions be one story and not two story in height with no habitable space over other habitable space, (2) that there be no expansion of the existing 1,050 square feet of legal nonconforming second story space in the residence or into any other portion of the residence, (3) that the existing height of myoporum bushes along Crest Road be maintained at 73 to 83 inches, to be replaced if they become diseased or die with an equivalent dense hedge of drought - resistant native plants or plants that are compatible with the surrounding vegetation of the community to block the view of the residence from Crest Road, and (4) that a mature tree of a maximum height of between 20 and 30 feet replace the existing pine tree that will be removed for constructin at the east portion of the residence. 5. The structural lot coverage proposed is 14,172 square feet or 6.28% and the total lot coverage proposed is 27,286 square feet or 12.08%. �Pnnted ran Rr?(:,;itdd P,y; r r ZONING CASE NO. 506 PAGE 2 6. The building pad coverage proposed is 6,236 square feet or 19.1% for the residential building pad and 42,979 square feet for pad coverage for both building pads or 33%. 7. Access to the property will not be affected and will continue along the west property line. RECOMMENDATION It is recommended that the City Council receive and file Resolution No. 94-2. g RESOLUTION NO. 94-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR THE ENCROACHMENT OF ROOM ADDITIONS IN ZONING CASE NO. 506. 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. William Lennartz with respect to real property located at 63 Crest Road East, Rolling Hills (Lot 70-B-2-MS) requesting a Variance to permit three room additions to the residence that encroach 42, 43, and 2 feet, respectively, into the front yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing and field trip to consider the application for a previously approved Variance on January 15, 1994 and at a public hearing on January 18, 1994. At the hearings, the Commission heard evidence that the residence includes a 1,050 square foot legal nonconforming second story that is used for bedroom space. Section 3. On March 19, 1985, the Planning Commission approved similar Variance requests for this property in Zoning Case No. 310. Those approvals expired and the applicants have reapplied at this time. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 5. Sections 17.38.010 through 17.38.050 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. A Variance to Section 17.16.110 is required to construct a master bedroom addition in the fifty (50) foot front yard setback. The applicants are requesting three separate residential additions, a 581 square foot master bedroom addition at the northeast portion of the house, a 56 square foot laundry room at the northern portion of the house and a bay window at the southeast side of the master bedroom. The master bedroom addition will encroach a maximum of 42 feet, the laundry room will encroach a maximum of 43 feet, and the bay window will encroach a maximum of 2 feet into the 50 foot front yard setback. Section 6. With respect to this application for a Variance, the Planning Commission finds: • • AFT RESOLUTION NO. 94-2 PAGE 2 A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because of the unique typography of the lot which, as developed, has multiple pad levels that are relatively narrow at the back and relatively wide and flat at the front. In addition, the proposed encroachment is less than the existing front yard encroachments of other portions of the residence. Although the residence is near the street, it is screened and obscured by dense shrubbery and there is a spacious open feel to the property. The residence is isolated and does not impact Crest Road. There are no residences close by to be affected. Development on the pad will allow a substantial portion of the lot to remain undeveloped. B. This 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 development pattern on the lot precludes the requested additions from being built into the rear yard. The location of the additions is the only logical and reasonable site for expansion of the residential structure. C. The granting of this Variance .will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. Development on the pad will allow a substantial portion of the lot to remain undeveloped and any removal of mature trees and vegetation will be replaced with equivalent native plants and trees to screen and obscure the residence from Crest Road. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to allow three room additions to the existing residence to encroach 42, 43, and 2 feet, respectively, into the front yard setback as indicated on the Development Plan attached hereto as Exhibit A, subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.38.070(A)(1) of the Municipal Code. B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. • • RESOLUTION NO. 94-2 PAGE 3 C. A11 •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 approved by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A except as otherwise provided in these conditions. E. The residential additions shall be one story and not two stories in height, as such terms are defined in the Rolling Bills Zoning Ordinance. Specifically, no new habitable space shall be constructed above any other level of habitable space. If any residential additions are constructed with a second story of habitable space, the approvals granted by this resolution shall be null and void. F. There shall be no expansion of the existing 1,050 square feet of legal nonconforming second story space in the residence. In addition, no expansion or extension of a second story of habitable space into any other portion of the existing residence or into any portion of residential additions shall be permitted. In the event the conditions of this paragraph are violated, the approvals granted by this resolution shall be null and void. G. The residential building pad coverage shall not exceed 19.1% and total building pad coverage shall not exceed 33%. H. A landscape plan shall be submitted to and approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and building permit. The landscaping plan submitted shall comply with the following requirements: (1) The landscape plan shall comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community; (2) Special emphasis shall be incorporated into the landscaping plan to ensure that the residence and the residential additions are blocked from view from Crest Road. The existing myoporum hedge along Crest Road shall be maintained to not less than or more than the existing height of 73 to 83 inches so as to block the view of the residence from Crest Road. In the event the myoporum hedge becomes diseased or dies, it shall be replaced with a dense hedge of drought -resistant native plants or plants that are compatible with the surrounding vegetation of the community to a height of not less than or more than 73 to 83 inches so as to block the view of the residence from Crest Road; RESOLUTION NO. 94-2 PAGE 4 (3) A mature tree that will grow and\or be maintained to a maximum height of between.20 and 30 feet shall be planted near the east portion of the residence in the front yard to replace the existing pine tree that will be removed to construct the room additions; and (4) A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. I. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. J. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. K. 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. L. Any modifications to the project which would constitute a modification to the development plan as approved by the Planning Commission shall require the filing of an application for modification of the Zoning Case pursuant to Section 17.46.070 of the Rolling Hills Municipal Code. M. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variances and Site Plan Review or the approvals shall not be effective. N. All conditions of the Variance approval must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. • i DRAFT RESOLUTION NO. 94-2 PAGE 5 PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JANUARY, 1994. /0 1--ei 1 t1. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ss I certify that the foregoing Resolution No. 94-2 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO THE FRONT YARD SETBACK FOR THE ENCROACHMENT OF ROOM ADDITIONS IN ZONING CASE NO. 506. was approved and adopted at an adjourned regular meeting of the Planning Commission on January 19, 1994 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 DEPUTY CITY CLERK i 1-41-44 L•lr'IYI LIJVLVVVIQ" I J 140 1 I I LQQ0144 • USER NO: $78& RICHARDS, WATSON & GERSHON Attorneys at Law -- A Professional Corporation 333 South Hope Street, 38th Floor Los Angeles, CA 90071-1469 Switchboard; (213) 626.8484 Telecopier: (213) 626.0078 TELECOPY COVER SHEET The information contained in this facsimile message is privileged and confidential Information intended only for the use of the intended recipient named below. If you are not the Intended recipient, you are hereby notified that any copying of this communication or dissemination or distribution of it to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the United States Postal Service. To: _ Craig Neaiis. From: Kevin Q. Ennis Telecopier: J,310). 3j7.7288 Total Pages (including this sheet): ..2 Our File No.: 3$180-00001 Your File No.: Subject: 63 Crest Road ga$t Date: 01 /21 /94 Document(s) Telecopied: Lettgr Remarks: Richards, Watson & Gershon uses Xerox Models 7020/7021 telecopiers. This equipment is compatible with most Group 2 and 3 teiecopy machines. If you have difficulty receiving any pages, please telephone our services center at (213) 628.8484, Billing No,: Time Sent: Operator: L;1V01.11M0H\FAX11 •FAX•6L • C G•. L Jvcv Ji� • 36$1%N M WATy0+2 AO•YPT 0 6Iv2R..v MAPRY 6C06r+aN 00'J2I.A6 w AF*,u! MAgA AAhO.0 SIMON •AVV!N G. ADL*6 0AR0L0 Z. RIEA•A Alta:., A !ItiE`eA ALl.N t, AINNr'Y 'Inver y„ 0066EY w'I.L'AM 4 6T+1.1Ue2 h;•t#T M .^.GLDPitlec, A^NT110NY 6 Ottwcry MrcOM•I.L 2 At•orr 71MO1141. NEUPRW .gO•eRf' P, D• MrrIA Oat202'' W. tTYRANraICn• At/GM/at! •AOVVNI OONALD t7a11N MIOMA•r se NKIN6 W;LUAM t. RL:O8L4. DAVIO �. Ooh!h 3tMNN M. ►.AAAOW LyNCA OOLtMAJ. J, JCMN A a660P6A AP/RHO A, AAE!N GAt28Av M (vM2A7 630TT Wale.[ 114q..4A41 M JI1,,,•0 M,a M•LE REAL SA3a1k6 AMAN^DA P 11446KIN0 A061114Ta eeoaON 2. V II w11AVEA WILL.AM K. KMMVM ITE'Veh t,, KAU/MANN MAAAHA 400,1E6 MOut RIe OARY t. QAN• JOAN J, MARAId KLVIN A ANNII RO•IN O MAR,91• MIO.AEL A$'TAAOA LAWRINee • WIINeR GAYID P. WAIT2 CHAPS?' 1/102IN •TEVtA R. CAA DeeOAAM A. r1AKMAN 110017 K •MeNTAN! MIGMAVL O. 00LAV4^.J00.4'.` MEL164A A. GNARIN TACK $ •rl01../(01,0 • T1LOtN KIM CAAYL T, ?h•MIMA Aul'N O WtINIA AA4KIA T. A8AMvAA ADAM P •fltt IeANO TAY6.0A • MTVMAURIe 0A410 M PLEI$MMAN KA"6tA 0 .vMU CAAIO A, (TEEL2 A06t RT M. MAW.OVVTT2 KUAT1$e L. 2KO6AMAN MICN•U.i A. CURtV DAWN A. ANOfiL'W4 T. PereA RitRCI MARC O MR•MIAUM RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A RAOPI•INONAL, OOR►OANOON January 21, 1994 Mr. Craig Nealis City Manager City of Rolling fills 2 Portuguese Beric. Road Rolling Hills, California 90274 Reference: Dear Craig, RICMARp RAZHARCX (1.16•1•ee) TN;RTY.L°IC3NTM P..664 343 110{JTM NON! 9TRIET LOA AJ.jptiL26, CSA::RORNIA BOO- ••.ea (ale) 621/44e4 TELAOONE.R (e13) ese•00Ja 1681478 OUR PILE NUM2$R R6980-00303 Rnap.olgd Conversion of Sand Story Snace at the Residence o1 Mr. and Mr►. Wi1]j am E. Lnnartz . 63 Crest Road East You requested that we provide advice as to whether the owner of the aboVe.:nentioned property may convert a closet in an existing habitable second story space into a bathroom. We are informed that the residence at 63 Crest Road East was originally constructed in 1955 with a 1,050 square foot habitable second story space. Although this second story may have violated th Rolling Hills Community Association CC&Rs, i am informed by Lola Ungar, that the County Zoning Ordinance in effect at that t me did not prohibit two story residences. According to Ms. Ungar, the first City Zoning Ordinance prohibition on s lcond story construction was enacted in 1960 as Rolling Hills Ordinance No. 33. Based upon these facts, the existing 1050 square feet of habitable space in the second story was legally constructed under the CountytsCode provisions at that time. However, with the subsequent enactment of a prohibition on two story construction, this second story space has become "nonconforming." The property owners desire to convert approximately 48 square feet of the existing 1050 second story habitable space from an existing closet to a bathroom. s 21 36260076-+ • 131037772d,:«:x RICNARDS, WATSON & GE(U3NON Mr. Craig Nealis January 21, 1994 Page 2 Section 17.24.020 provides that a nonconforming structure may continue to be used and maintained in accordance with the requirements of Chapter 17.24. Paragraph A of Section 17.24.040 provides that a nonconforming structure may not be expanded or altered in any way that would increase the nonconformity. Based upon the facts, presented, you may reasonably interpret the Municipal Code to conclude that the conversion of a portion of the existing habitable second story from a closet to a bathroom does not oincrease the nanconformityl, as long as the total square footage of the habitable second story is not increased. Thus, if the second story will remain 1,050 square feet or smaller once the proposed bathroom is constructed, it is reasonable to conclude that such conversion would not be illegal under the City's Municipal Code. This opinion is based upon the facts presented and set forth above. If the facts are otherwise than specified herein, this opinion will require reconsideration. Also, the conclusion set forth above does not mean that this is the only reasonable conclusion regarding the relevant Municipal Code provisions. Lastly, this letter should not be interpreted as authorizing any other portion of the existing residence or of any proposed additions to it to inolude additional square feet of second story habitable space. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, Kevin G. Ennis Assistant City Attorney cc: Lola Ungar, Principal Planner Michael Jenkins, City Attorney KGE:kge 1681478