Loading...
612, Addition to existing SFR and e, Resolutions & Approval Conditions• • RESOLUTION NO. 2001-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2000-07, APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENTIAL ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF SUBSTANTIAL ADDITION TO A SINGLE FAMILY RESIDENCE AT 7 PORTUGUESE BEND ROAD IN ZONING CASE NO. 612. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Howard Hall with respect to real property located at 7 Portuguese Bend Road (Lot 41-RH), Rolling Hills, requesting a one year time extension for a previously approved Variance to encroach into the front yard setback and a Site Plan Review to permit the construction of substantial additions at a single family residence that was approved by the Planning Commission by Resolution No. 2000-07 on March 21, 2000. Section 2. The Commission considered this item at a meeting on March 20, 2001, at which time information was presented indicating that the extension of time is necessary because the applicant was unable to find a qualified contractor to perform the work. Section 3. Based on information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 8 of Resolution No. 2000- 07, dated March 21, 2000, to read as follows: "The Variance and Site Plan approvals shall expire within two years from the effective date of approval, as defined in Sections 17.38.070 (A) and 17.46.080 (A), unless construction on the applicable portions of the structure have commenced within that time period." Section 4. Except as herein amended, the provisions of Resolution No. 2000-07 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 20T DAY F S CH 2001. ALLAN ROERTS, CHAIRMAN ATTEST: S. k MARIL i' I RN, DEPUTY CITY CLERK • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2001-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2000-07, APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENTIAL ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF SUBSTANTIAL ADDITION TO A SINGLE FAMILY RESIDENCE AT 7 PORTUGUESE BEND ROAD IN ZONING CASE NO. 612. was approved and adopted at a regular meeting of the Planning Commission on March 20, 2001 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Robers. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CiERK • • RECORDING REQUESTED BY AND MAIL' CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX The Registrar -Recorder's Office requires that the form be notarized before recordation. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO.612 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 7 Portuguese Bend Road (Lot 41-RH), Rolling Hills, CA. This property is the subject of the above numbered case. I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 612 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) certify (or declare) un r tWnalty of pe j that the foregoing is true and correct. Signature� % `� Signature e,cel n-n IL/741-g Name typed or printed i�e1.1 +� Name typed or printed Add s Address 4_1.4 City/State 14'0,y7G7LCity/State Signatures must be acknowledged by a notary oublic. State of Califomia ) County of Los Angeles ) On 04--06 90 before me, personally appearedJQd/71 41-4 i/, � 1 (4. r O0-0542776 T Recorder's Use Only pgr,sensUy-t i wrr (or proved to me on the basis of satisfactory evidence) to be the person whose name ) is/ -subscribed to the within instrument and acknowledged to me that 1:22.4kettlir execute the same in is ' authorized capacity&and that by his/ signatureon the instrument the persons); or the entity upon behalf of which the personkacted, executed the instrument. =~; 119�iar9� C�ILIA J. 1'c�.�C06� s� . Commission Notary Pub!iC- Cariacizi Los r%ngzl'^s Cauniv l MyComm. D:p� s5sp1^,2732l? SEE EXHIBIT "A" ATTACHED/HERETO AND MADE A PART HEREOF Witness by handnd officj I se 41-e,e7A Signat of Notary • RESOLUTION N0. 2000-07 41•)(7e//5/ 7 A 3 00Z0542 7'76 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENTIAL ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 612. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A. Applications were duly filed by Mr. Howard H. Hall with respect to real property located at 7 Portuguese Bend Road, Rolling Hills (Lot 41-RH) requesting a Variance to permit encroachment into the front yard setback to construct a residential addition and Site Plan Review for the construction of substantial additions to a single family residence for a 5,085 square foot residence and a 1,380 square foot attached garage. The request is consistent with previously approved but now expired Zoning Case No. 563. B. Zoning Case No. 563 was originally approved by the Planning; Commission by Resolution No. 97-24 on October 21, 1997. The previous approval. involved a 4,980 square foot residence and 1,380square foot attached garage on an ..existing lot. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on March 21, 2000. The applicant was notified of the hearing in writing by first class mail. The applicant was in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as a Class 1 Exemption (State of CA Guidelines, Section 15301(e) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 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 same vicinity. Section 17.16.110 requires the front yard setback for every residential parcel to be fifty (50) feet. The applicant is requesting to encroach up to amaximum 4 feet into the 50 foot front yard setback to permit the encroachment of a 199 square foot enclosure of a portion of an existing porch. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same zone because the lot is at the corner of two streets, one of which is the main thoroughfare Portuguese Bend Road, and the building pad is RESOLUTION NO. 2000-07 PAGE 1 OF 6 IF-0542776 located close to both streets. The existing residence encroaches up to 5 feet into the front 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. The Variance is necessary because the development and use of the subject property in a manner consistent with the shape of the lot and development of other property on this street justifies this additional small incursion into the front yard setback. There will not be any greater incursion into the front yard setback than already exists. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Allowing the proposed incursion into the front yard setback will not allow any greater incursion than already exists. In addition, development on this portion of the pad will allow a substantial portion of the more environmentally significant rear portions of the lot to remain undeveloped. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 612 to permit the encroachment of a 105 square foot enclosure of a portion of an existing porch that will encroach a maximum of 4 feet into the fifty foot (50') front yard setback, as indicated on the development, plan submitted with this applicationand incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 8 of this Resolution.: Section 6. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any, building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading 'or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback and lot coverage requirements with the Variance approved in Section 5 of this Resolution. The lot has a net square foot area of 48, 522 square feet. The proposed residence (5,085 sq.ft.), garage (1,380 sq.ft.), porch (430 sq.ft.), and service yard (100 sq.ft.) will have 7,445 square feet which constitutes 15.3% of the lot which is within the maximum 20% structural lot coverage requirement. The proposed project is on a relatively large lot with most of the proposed structures located below the road so as to reduce the visual impact of the development. B. The proposed development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms RESOLUTION NO. 2000-07 PAGE 2 OF 6 • • 00=0542'776 (such as hillsides.and knolls). The lot is relatively flat, grading will not be required, and most of the mature trees will not be removed. Grading will only be done to provide approved drainage that will flow away from the proposed residence and existing neighboring residences. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the west side (rear) of this lot. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves several mature trees and shrubs and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the structural and total lot coverage to be exceeded. Although the project will have a buildable pad coverage of 37.2%, the project will be located on a relatively flat lot where significant portions . of the lot will be left undeveloped. The development plans will minimize impact, on ;Portuguese Bend Road. The. reconfiguration of the doors to the garage/workshop , that currently faces Portuguese Bend Road will face Blackwater Canyon Road and will minimize impact of the residence from,Portuguese Bend Road. Significant portions of. the lot will be left undeveloped;: , 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 will not be:. exceeded and the proposed project is consistent with the scale of the neighborhood when compared to this irregular -shaped ° lot. The ratio of the proposed structure to lot coverage is similar to the ratio found on several properties in the vicinity. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will use existing driveway and replace and relocate a garage entrance for vehicular access that will have less of an impact on Portuguese Bend Road. H. The project conforms with the requirement of the California Environmental Quality Act and is categorically exempt from environmental review. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 612z for a proposed residential development as indicated on the development plan incorporated herein as Exhibit A and subject to the conditions contained in Section 8. Section 8. The Variance to the front yard setback approved in Section 5 and the Site Plan Review approved in Section 7 of this Resolution are subject to the following conditions: RESOLUTION NO. 2000-07 PAGE 3 OF 6 • 00=0542776 A. The Variance and Site Plan Review approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070(A) and 17.46.080(A), unless construction on the applicable portions of the structure have commenced within that time period. B. It is declared and made a condition of the Variance and Site Plan Review approvals, that if any conditions thereof are violated, the approval shall be suspended and the privileges granted thereunder shall be subject to revocation; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days and has been provided additional notice and a hearing prior to the revocation of the Permit. C. All requirements ;of the Buildings Code of the City of Rolling Hills and the Rolling Hills Zoning Ordinance must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A, except as otherwise provided in these conditions. • E. Grading shall not be permitted for the proposed project F. The existing trees and shrubs along Blackwater Canyon :Road shall be trimmed and maintained for sight visibility and to screen the garage/workshop. G. Landscaping shall be designed so as not to obstruct '.views of neighboring properties'but, to -obscure structures. Tall trees such as Eucalyptus and 'Sequoia shall not be planted. H. Landscaping shall incorporate and preserve, to the maximum extent feasible, the existing mature trees and shrubs and the natural landscape screening surrounding the proposed building pad. I. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water efficient landscaping requirements) of the Rolling Hills Municipal Code. J. Residential and total building pad coverage shall not exceed 37.8%. K. The property owners shall be required to conform 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. RESOLUTION NO. 2000-07 PAGE 4 OF 6 00=0542776 L. 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. site. M. All parking, during and after construction, shall take place on the project N. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. O. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. P. 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. Q. An Erosion Control Plan containing the elements set forth in Section 7010 of :the °1996' County of Los Angeles Uniform Building Code shall be prepared - to' minimize erosion and to protect slopes and.channels to, control stormwater pollution as' required by the County of Los Angeles. R.-Prior, to the, submittal of an applicable final buildingplanto 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 shall not exceed a steepness of a 2 to 1 slope ratio. S. 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. T. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional structural development shall require the filing of a new application for approval by the Planning Commission. U. The applicants shall execute an Affidavit of Acceptance of all conditions of the Site Plan approval, or the approvals shall not be effective. V. All conditions of these Variance and Site Plan approvals that apply must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. 7 RESOLUTION NO. 2000-07 PAGE 5 OF 6 00=0542776 PASSED, APPROVED AND ADOPTED THIRCH, 2000. ALLAN ROBERTS, CHAIRMAN ATTEST: g. MARILLYN- KERN,RNDEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2000-07 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT . INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENTIAL ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF. SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY RESIDENCE IN. ZONING CASE :NO. 612. was approved and adopted at a regular meeting of the Planning Commission on` March 21, 2000 by the following roll call vote: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. None. AYES:' NOES: ABSENT: None . ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK RESOLUTION NO. 2000-07 PAGE 6 OF 6