672, Construct a new garage in fron, Staff Reports1110
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pO City O/ I.?f/nC} ifL INCORPORATED JANUARY 24, 1957
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NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 4A
Mtg. Date: 1/12/04
DATE: JANUARY 12, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTN: CRAIG R. NEALIS, CITY MANAGER
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
SUBJECT: RESOLUTION NO. 2003-25. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL OF A SITE PLAN REVIEW AND A
CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED
GARAGE, AND A VARIANCE TO PERMIT ENCROACHMENT
WITH THE GARAGE INTO THE FRONT YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
672, AT 1 PINTO ROAD (LOT 36-FT), (LADEMAN).
BACKGROUND
1. The Planning Commission adopted Resolution No. 2003-25, which is attached,
on December 16, 2003 at their regular meeting granting a request for a Site Plan Review
and a Conditional Use Permit to construct a detached garage, and a Variance to permit
encroachment with the garage into the front yard setback at 1 Pinto Road. The vote
was 5-0.
2. The applicant is requesting a Site Plan Review and Conditional Use Permit to
construct a 400 square feet detached garage, and a Variance to permit the garage to
encroach into the front yard setback.
3. The property is zoned RAS-2. The gross lot area is 104,196 square feet or 2.39
acres and the net lot area for construction purposes is 80,729, (1.85 acres). The property
is located in the Flying Triangle, and abuts two streets, Pinto Road and Portuguese
Bend Road. The frontage of the property is located along the longer side of the lot, Pinto
Road.
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4. Pursuant to the Los Angeles County Building Code, properties in the Flying
Triangle in the City of Rolling Hills are considered to have "Geotechnical Hazards", and
therefore, very limited development is permitted.
5. The property is developed with a 2,228 square foot residence with a 427 square
foot attached garage and 862 square feet of covered porches, 719 square foot swimming
pool, 1,890 square foot sports court and a 750 square foot shed. The trash area is located
within the shed.
6. The records show that the house with an attached garage was constructed in
1953. A stable was constructed in 1968. The stable has been damaged by fire and only a
concrete pad remains. In 1969 the swimming pool was built. The shed and the sports
court were constructed prior to 1968, and these structures are permitted as legal non-
conforming.
7. The applicant is proposing to convert the 427 square foot attached garage into
living area and construct a separate garage. Originally, the applicant proposed to
convert the garage into living area, enclose some of the covered porches and to convert
the existing shed into a garage. After many months of discussions between City staff
and the County, the County officials determined that only a 400 square foot, accessory
structure not intended or used for human occupancy could be constructed on subject
property. Pursuant to the Los Angeles County Building Code SECTION 110-
PROHIBITED USES OF BUILDING SITES, permits in the Geotechnical Hazards zones
may be issued as follows:
a. When the applicant has submitted a geological and/or geotechnical engineering
report containing a finding regarding the safety of the building site and the safety of
properties outside the building site.
b. When the work involves the alteration, or repair of existing structures and the
cost does not exceed 25% of the value of the existing structure. The applicant is required
to record a document that the owner is aware that the property is subject to a physical
hazard and an agreement relieving the County of any liability for any damage or loss,
which may result from issuance of a permit.
c. When the work involves an addition to an existing structure but is not a change
in use and such work does not increase the area of the structure more than 25%.
However, the safety factor [see (a) above] must be met. An agreement relieving the
County of any liability for any damage or loss, which may result from the issuance of a
permit is required and is recorded in the County Registrar -Recorder office.
d. When the work involves a one-story, light frame accessory structure not
intended or used for human occupancy and not exceeding 400 square feet in area or 12
feet in height.
e. When the work involves the repair of single-family residences and accessory
building where the cost of such repair exceeds 25% of the value of the existing
structures or involves replacement of such structures where the loss was due to causes
other than landslide, settlement or slippage, providing the owner (1) record a document
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stating that the owner is aware that the property is subject to a physical hazard and (2)
agreement relieving the County of any liability for any damage or loss, which may
result from issuance of a permit and (3) "submit calculations and plans for the proposed
construction/reconstruction prepared by a registered civil engineer and designed to
minimize damage while accommodating the amount of vertical and horizontal
displacement which the engineer determines are probable or which have occurred since
the original structure was built, whichever is greater."
In addition, the Building Code states that "the building official may, at his or her
discretion deny a permit for any building, structure or grading subject to a hazard of a
geotechnical nature which cannot be mitigated and may endanger the health or safety
of the occupants, adjoining property or the public".
8. Based on the above, the County officials determined that the potential hazard
resulting from any construction on subject property, other than the 400 square foot
structure, could not be mitigated. They also determined that the existing shed could not
be converted to a garage because its value is too insignificant and condition (b) above
would not apply, (when the work involves the alteration, or repair of existing structures
and the cost does not exceed 25% of the value of the existing structure). According to
the County, an attached garage would also not be allowed because the applicant would
not be able to comply with condition (c) above.
Therefore, the only option available to the applicant was to seek approval to construct a
new 400 square foot detached accessory structure and to retain the shed. The applicant
could also demolish the shed, but could not rebuild all or any portion thereof.
9. The new structure requires a Site Plan Review for new structure, a Conditional
Use Permit for a detached garage and a Variance to allow it to encroach into the front
yard setback. The applicant proposes to utilize the existing driveway.
10. There will be no grading for this project.
11. An area for a future stable and corral is shown on the plan, however, as with the
proposed garage only a 400 square foot stable could be built on subject property,
without having to prove stability, which the County determined could not be proven in
the Flying Triangle.
12. The applicant's representative states that the Variance request is justified because
the County Building Code prevents the conversion of the existing shed into a garage
and prevents the owner from attaching the new garage to the existing residence. The
location of the proposed garage utilizes the existing driveway.
13. During the field trip, the Commissioners considered alternate locations for the
garage. However they have determined that the proposed location is the most desirable
as it is not visible from any neighbors, it utilizes an existing paved area and would not
require grading.
14. The structural lot coverage on the 80,729 square foot net lot area is proposed to
be 7,726 square feet or 9.54%, which includes the residence, garage, pool, shed,
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proposed garage, sports court, covered porches and the future stable, (20% permitted).
The total lot coverage proposed including the structures and paved areas will be 15,999
square feet or 19.8%, (35% permitted).
15. There is one building pad on the property measuring 21,622 square feet.
Structural coverage on this pad is proposed to be 7,726 square feet or 35.7%. The
existing building pad coverage is 31.8%. The shed, pool, portion of the sports court and
the proposed garage are located outside the building pad area, but are counted towards
the coverage.
16. Disturbed area of the lot will be 35.0%, (40% permitted) of the net lot area.
Disturbance includes any remedial grading (temporary disturbance), any graded slopes
and building pad areas, and any nongraded area where impervious surfaces will
remain or are proposed to be added.
17. The Rolling Hills Community Association does not review projects in the Flying
Triangle.
18. 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.
NEARBY PROPERTIES (For information onlv)
Address
73 Portuguese Bend
70 Portuguese Bend
74 Portuguese Bend
2 Pinto Road
3 Pinto Road
4 Pinto Road
1 Pinto Road
Owner
Dupree
Mitchell
Wilson
Raine
Hartwig
Fleck
AVERAGE
Lademan
House size
3,062
3,122
2,531
3,433
2,944
4,087
3,196
2,655 (with
conversion of
existing attached
garage)
Lot Area (sq.ft.)
93,210
73,181
174,240
87,991
138,956
219,978
131,259
92,475
NOTE:
The lot area and home sizes for the properties shown above, are taken from the
assessors' records, with roadway easement deducted and do not include garages.
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Zoning Case No. 672
SITE PLAN REVIEW
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 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 -guideline)
GRADING
Site Plan Review required if excavation
and/or fill or combination thereof that is
more than 3 feet in depth or 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 (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY.ACCESS
VIEWS
PLANTS AND ANIMALS
EXISTING
SINGLE FAMILY RESIDENCE
WITH GARAGE, POOL, SHED &
SPORTS COURT
Residence
Garage
Pool
Stable
Sports court
Shed/service yd.
Covered porches
TOTAL
8.52% of 80,729 sq
18.77%,
2228 sq.ft.
427 sq.ft.
719 sq.ft.
0
1890 sq.ft
750 sq.ft
862 sq.ft
6,876 sq.ft.
.ft. net lot area
PROPOSED
DETACHED GARAGE
Residence
Garage
Swim Pool
Stable future
Sports court
Shed/service yard
Covered porches
TOTAL
9.54% of 80,729 sq.
19.8%
2655 sq.ft.
400 sq.ft.
719 sq.ft.
450 sq.ft.
1890 sq.ft.
750 sq.ft
862 sq.ft
7,726 sq.ft.
ft. net lot area
31.8% 35.7% of 21,622 sq.ft. building pad
N/A
None
35% 35% (proposed structure will be
located on already disturbed area)
N/A
N/A
From Pinto Road
N/A
N/A
450 sq. ft future
550 sq. ft. corral
Future from Pinto Road
Existing driveway approach from
Pinto Road
Planning Commission conditions.
Planning Commission conditions.
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2002 COUNTY OF LOS ANGELES BUILD}7. CODE
2001 CALIFORNIA BUILDING CODE 109.5
110.2.3.6
II A mit is requested. For the purpose of this section, a geotechnically
A hazardous condition does not include surface displacement due to
. L earthquake faults.
A
A 110.2.2 Except as provided in Section 110.2.3, work requiring a
A building or grading permit by this code is not permitted in an area
A determined by the building official to be subject to hazard from
A landslide, settlement or slippage. These hazards include those
A from loose debris, slopewash and the potential for mud flows from
A natural slopes or graded slopes. For the purpose of this section,
A landslide, settlement or slippage does not include surface dis-
A placement due to earthquake faults.
A 110.2.3 Subject to the conditions of Section 110.2.1, permits may
Abe issued in the following cases:
II A
A
A
A 109.5 Posting. The certificate of occupancy shall be posted in a
A conspicuous place on the premises and shall not be removed ex -
LA cept by the building official.
A EXCEPTION: Group R, Division 3, and Group U Occupancies.
A
F,• CTION 110 — PROHIBITED USES OF BUILDING
o SIBS t.
n 110.1 Flood Hazard.
A 110.1.1 Buildings are not permitted in an area determined by the
A building official to be subject to flood hazard by reason of inunda-
ALion, overflow or erosion.
The placement of the building and other structures (including
walls and fences) on the building site shall be such that water or
A mud flow will not be a hazard to the building or adjacent property.
A Subject to the conditions of Section 110.1.2, this prohibition shall
Anot apply when provision is made to eliminate such hazard to the
A satisfaction of the Department of Public Works by providing ade-
A quate drainage facilities by protective walls, suitable fill, raising
A the floor level of the building, a combination of these methods, or
A by other means. The Department of Public Works, in the applica-
A tion of this section, shall enforce, as a minimum, the current Feder -
A al Flood Plain Management Regulations defined in Title 44, Code
A of Federal Regulations, Section 60.3.
A 110.1.2 Portions of the unincorporated territory of the County of
A Los Angeles subject 10 severe flood hazard by reason of inunda-
A tion, overflow, erosion or deposition of debris are established as
A floodways by Chapter 11.60 of Title 11 of the Los Angeles
A County Code. Whenever reference is made to any floodway in
A such ordinance establishing floodways, it shall be construed to
L mean a floodway referred to in this section. A person shall not per-
kform work for which a building or grading permit is required with-
L in the boundaries of an established floodway if such work
L • increases the flood hazard to adjacent properties by either increas-
tA. ing the capital flood water surface elevation, deflecting flows or
L increasing bank erosion. Such work may be performed within an
• established floodway, and a building or grading permit therefore
A may be issued, where provisions are made to the satisfaction of the
A • building official to avoid such an increase in the flood hazard.
L110.2 Geotechnical Hazards.
A 110.2.1 No building or grading permit shall be issued under the
II A provisions of this section when the building official finds that
A property outside the site of the proposed work could be damaged
II A by activation or acceleration of a geotechnically hazardous condi-
A Lion and such activation or acceleration could he attributed to the
L • proposed work on, or change in use of, the site for which the per -
110.2.3.1 When the applicant has submitted an engineering geol-
ogy and/or soils engineering report or reports complying with the
provisions of Section 111 such that said reports show, to the satis-
faction of the building official, that the hazard will be eliminated
prior to the use or occupancy of the land or structures by modifica-
tion of topography, reduction of subsurface water, buttressing, a
combination of these methods, or by other means.
110.2.3.2 When the applicant has submitted a geological and/or
geotechnical engineering report or reports complying with the
provisions of Section 111 and containing sufficient data to show to
the satisfaction of the building official that the site appears to be
safe for the intended use.
110.2.3.3 When the work involves the alteration or minor repair
of existing structures and the cost of such alteration or repair does
not exceed 25 percent of the value of the existing structure, such
value to be based on assumed continuation of the established legal
use. Before a permit is issued, the owner shall record in the office
of the Department of Registrar -Recorder (1) a statement that the
owner is aware that the records of the building official indicate
that the property is subject to a physical hazard of a geotechnical
nature and (2) an agreement relieving the County and all officers
and employees thereof of any liability for any damage or loss
which may result from issuance of such a permit. This agreement
shall provide that it is binding on all successors in interest of the
owner and shall continue in effect until the building official re-
cords in the office of the Department of Registrar -Recorder a
statement that the building official finds such hazard no longer ex-
ists. The repair work shall consist of restoring the original
construction. Provision may be made for adjustment of the floor in
anticipation of future settlement. For the purposes of this section,
"alteration" does not include an addition or additions.
110.2.3.4 When the work involves an addition or additions to an
existing structure but is not a change in use or occupancy and such
work does not increase the area of the structure more than 25 per-
cent of the area of the structure existing on July 6, 1968. Before a
permit is issued, the applicant shall submit an engineering geology
and/or soils engineering report or reports complying with the pro-
visions of Section 111 such that said reports contain a finding that
the proposed increased use of the site will not be geotechnically
unsafe, and the owner shall record in the office of the Department
of Registrar -Recorder (1) the finding of such report or reports and
(2) an agreement relieving the County and all officers and em-
ployees thereof of any liability for any damage or loss which may
result from the issuance of such a permit. This agreement shall
provide that it is binding on all successors in interest of the owner
and shall continue in effect until the building official records in the
office of the Department of Registrar -Recorder a statement that
the building official finds a hazard no longer exists.
110.2.3.5 When the work involves a one-story, light -frame acces-
sory structure not intended or used for human occupancy and not
exceeding 400 square feet (37.2 m2) in area or 12 feet (3658 mm)
in height.
110.2.3.6 When the work involves the repair of single-family res-
idences and accessory buildings where the cost of such repair ex-
ceeds 25 percent of the value of the existing building or involves
the replacement of such structures where the loss to be replaced
was due to causes other than landslide, settlement or slippage. Be-
fore a permit is issued the owner shall:
1. Record in the office of the Department of Registrar -Record-
er (1) a statement that he or she is the owner and is aware that the
records of the building official indicate that the property is subject
to a physical hazard of a geotechnical nature and (2) an agreement
relieving the County and all officers and employees thereof of any
liability for any damage or loss which may result from issuance of
such a permit. This agreement shall provide that it is binding on all
successors in interest of the owner and shall continue in effect un-
til the building official records in the office of the Department of
1-6.13
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2002 COUNTY OF LOS ANGELES BUILDING CODE
110.2.3.6 2001 CALIFORNIA BUILDING CODE
113.4
A Registrar -Recorder a statement that the building official finds
A such hazard no longer exists.
A 2. Submit calculations and plans for the proposed reconstruc-
Alion prepared by a registered civil engineer and designed to mini -
A mize damage while accommodating the amount of vertical and
A horizontal displacements which the engineer determines are prob-
A able or which have occurred since the original structure was built,
A whichever is the greater.
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L 110.2.3.7 When the building official determines that the hazard
L from landslide, settlement or slippage is based solely on the fact
A that the area has been identified as a potentially liquefiable area in
A a seismic hazard zone (pursuant to California Public Resources
A Code Section 2690 et seq.) and a foundation investigation is per -
A formed in connection with the work in accordance with Section
A 1804 of this code.
A
A 110.2.3.8 Notwithstanding any other provisions of this section,
L the building official may, at his or her discretion, deny a permit for
L any building, structure or grading subject to a hazard of a geotech-
tA. nical nature which cannot be mitigated and may endanger the
L health or safety of the occupants, adjoining property or the public.
A
A 110.3 Fills Containing Decomposable Material. Permits shall
A not be issued for buildings or structures regulated by this code
A within 1,000 feet (304.8 m) of fills containing rubbish or otherde-
A composable material unless the fill is isolated by approved natural
A or artificial protective systems or unless designed according to the
A recommendation contained in a report prepared by a licensed civil
A engineer. Such report shall contain a description of the investiga-
L tion, study and recommendation to minimize the possible intru-
1A. sion, and to prevent the accumulation of explosive concentrations
L of decomposition gases within or under enclosed portions of such
t building or structure. At the time of the final inspection, the civil
A engineer shall furnish a signed statement attesting that the build-
• ing or structure has been constructed in accordance with the civil
A engineer's recommendations as to decomposition gases required
A herein.
L Buildings or structures regulated by this code shall not he
L • constructedonfillscontainingrubbishorotherdecomposablema-
tA. serial unless provision is made to prevent damage to the structure,
L floors, underground piping and utilities due to uneven settlement
A of the fill. One-story light -frame accessory structures not exceed-
ing 400 square feet (37.2 m2) in area or 12 feet (3658 mm) in
A height may be constructed without special provision for founda-
Ltion stability.
L 110.4 Methane Gas Hazards. Permits shall not be issued for
L buildings or structures regulated by this code on, adjacent to or
L within 25 feet (7620 mm) of active, abandoned or idle oil or gas
L well(s) unless designed according to recommendations contained
L in a report prepared by a licensed civil engineer and approved by
L the building official. In addition, permits shall not be issued for a
A building or structure regulated by this code located between
A 25 feet (7620 mm) and 200 feet (60 960 mm) from active, aban-
A doned or idle oil or gas well(s) unless designed according to the
i recommendations contained in a report prepared by a licensed civ-
A it engineer and approved by the building official or unless all ac-
A tive, abandoned or idle oil or gas well(s) between 25 feet (7620
A mm) and 200 feet (60 960 mm) from said building or structure are
A examined by a licensed petroleum engineer to evaluate whether,
A in accordance with the current rules and regulations of the Divi-
A sion of Oil and Gas of the State of California, such wells are being
A properly operated or maintained, or are abandoned. No permits
L shall be issued until certification of proper operation, mainte-
L nance, or abandonment or reabandonment, as determined by the
L • Division of Oil and Gas, is submitted to the building official. This
requirement is not applicable to active, abandoned or idle oil or
gas well(s) located more than 200 feet (60 960 mm) from the pro-
posed buildings or structures.
As used in this section, "well" shall mean any well as defined by
Section 3008, Subdivisions (a) and (h) of the California Public Re-
sources Code.
110.5 Conditional Use. Work required by this section as a con-
dition for the use of the site shall be performed prior to the connec-
tion of the utilities or occupancy of the building.
SECTION 111 — ENGINEERING GEOLOGY AND
SOILS ENGINEERING REPORTS
The building official may require an engineering geology or soils
engineering report, or both, where in the building official's opin-
ion, such reports are essential for the evaluation of the safety of the
site. The engineering geology or soils engineering report or both
shall contain a finding regarding the safety of the building site for
the proposed structure against hazard from landslide, settlement
or slippage and a finding regarding the effect that the proposed
building or grading construction will have on the geotechnical sta-
bility of property outside of the building site. Any engineering
geology report shall he prepared by a certified engineering geolo-
gist licensed by the State of California. Any soils engineering re-
port shall he prepared by a civil engineer, registered in the State of
California, experienced in the field of soil mechanics, such as a
soils engineer. When both an engineering geology and soils engi-
neering report are required for the evaluation of the safety of a
building site, the two reports shall he coordinated before submis-
sion to the building official.
SECTION 112 — EARTHQUAKE FAULT ZONE MAPS
Earthquake fault zone maps within the, County of Los Angeles
prepared under Sections 2622 and 2623 of the California Re-
sources Code which show traces of earthquake faults are hereby
declared to be, on the date of official issue, a part of this code, and
may be referred to elsewhere in this code. Earthquake fault zone
maps revised under the above sections of the California Resources
Code shall, on the date of their official issue, supersede previously
issued maps which they replace.
Copies of each of the above maps shall be available for ex-
amination by the public at the Department of Public Works, De-
partment of Regional Planning and the Executive Office of the
Board of Supervisors.
•
SECTION 113 — EARTHQUAKE FAULTS
113.1 General. The construction of a building or structure near a
known active earthquake fault and regulated by this code shall he
permitted as set forth in this section.
113.2 Scope. The provisions of this section shall apply only to
permits for buildings or structures on individual lots or parcels and
are not intended to be supplementary to geologic investigations
required to qualify divisions of land as set forth in Title 21 of the
Los Angeles County Code, the Subdivision Code.
113.3 Definition. For the purpose of this section, a geologist
shall be a registered geologist, licensed by the California State
Board of Registration for Geologists and Geophysicists to prac-
tice geology in California.
113.4 Known Active Earthquake Faults. For the purpose of
this section, known active earthquake faults are those faults which
have had displacement within Holocene time (approximately the
last 11,000 years) as defined in the most current issue of Special
Publication 42 of the California Division of Mines and Geology.
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1-6.14
October 2e, 2003
To: Members of the Planning Commission and City Council:
Regarding Zoning Case #672
1 Pinto Road
PEwn
OCT 212003
ritTlY OF ROLLING HILLS
sv
The following immediate neighbors are in complete support of the proposal being put
forth by Paige Lademan to remodel her home and construct a new garage which will
encroach into the front yard setback.
TabliAJ2 Ptio6
10xdi
.))/1 ( 1k0
4/-) "
„ Zan d .
PocA-(&esc_ fiv\ok
9w1 Cz Art s
A
RESOLUTION NO. 2003-25.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW AND A CONDITIONAL USE PERMIT TO
CONSTRUCT A DETACHED GARAGE, AND A VARIANCE TO
PERMIT ENCROACHMENT WITH THE GARAGE INTO THE
FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 672, AT 1 PINTO ROAD
(LOT 36-FT), (LADEMAN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Ms. Paige Lademan with
respect to real property located at 1 Pinto Road, Rolling Hills (Lot 36-FT)
requesting a site, plan review and conditional use permit to construct a 400
square foot detached garage, and a variance to encroach with the garage into the
front yard setback at an existing single family residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on October 21, 2003, November 18, 2003,
and at a field trip visit on November 17, 2003. The applicant was 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. The Planning Commission reviewed, analyzed and studied said
proposal. The applicant and her representative were in attendance at the
hearings.
Section 3. There is an existing attached garage, which the applicant is
proposing to convert to living quarters. Originally, the applicant proposed to
convert an existing storage shed into a garage and attach it through a solid roof
to the main residence. Due to the prohibitions of the Building Code, such a
proposal was not possible.
Section 4. The property is located in the Flying Triangle, and abuts two
streets, Pinto Road and Portuguese Bend Road. The frontage of the property is
located along the longer street side, Pinto Road.
Section 5. Pursuant to Los Angeles County Building Code, properties
in the Flying Triangle in the City of Rolling Hills are considered to contain
"Geotechnical Hazards", and therefore, very limited development is permitted.
Section 110.2 of the Los Angeles County Building Code, which the City adopts
by reference, prohibits, subject to certain exceptions, the issuance of building
permits for properties located in geotechnical hazardous areas. One such
exception, contained in Section 110.2.3.5, permits issuance of a building permit
when the work involves one-story, light frame accessory structure not intended
Reso. No. 2003-25 1
]Pinto Rd. (Lademan)
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9
or used for human occupancy and not exceeding 400 square feet in area or 12 feet
in height.
Section 6. The Planning Commission finds that the project qualifies as
a Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land
Alteration) and is therefore categorically exempt from environmental review
under the California Environmental Quality Act.
Section 7. Section 17.46.030 requires a development plan to be
submitted for site plan review and approval before any development 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 detached garage, the Planning Commission makes the following findings
of fact:
A. The proposed development is compatible with the General Plan,
the Zoning Ordinance and surrounding uses because the proposed structures
comply with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code setback requirements with the Variance
approved by this Resolution. The lot 2.38 acres gross and 80,729 square feet net,
as calculated for development purposes. The size of the existing and proposed
structures will be 7,226 square feet, which constitutes 9.5% of the net lot area,
which is within the maximum 20% structural lot coverage permitted. The total
lot coverage including paved areas and driveways will be 15,999 square feet
which equals 19.8% of the net lot, which is within the 35% maximum overall lot
coverage permitted. The proposed project is screened from the road so as to
reduce the visual impact of the development.
B. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. The topography and the
configuration of the lot, has been considered, and it was determined that the
proposed development will not adversely affect or be materially detrimental to
adjacent uses, buildings, or structures because the proposed construction will be
constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
C. The proposed development, as conditioned, is harmonious in scale
and mass with the site, and is consistent with the scale of the neighborhood
when compared to properties in the vicinity. The proposed garage will follow the
pattern and style of the original residence.
Reso. No. 2003-25 2
]Pinto Rd. (Lademan)
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D. The development plan incorporates existing trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
will supplement the existing vegetation 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
structure will not cause the lot to look overdeveloped. Significant portions of the
lot will be left undeveloped. The proposed detached garage will not be visible
from Pinto Road.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will not change the existing circulation pattern and will utilize
an existing driveway.
G. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 8. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Site Plan Review
application for Zoning Case No. 672 for a detached garage as shown on the
Development Plan dated October 7, 2003 and marked Exhibit A, subject to the
conditions contained in this Resolution.
Section 9. Section 17.16.210(A)(4) of the Rolling Hills Municipal Code
permits approval of a detached garage under certain conditions, provided a
Conditional Use Permit for such use is approved by the Planning Commission.
The applicant is requesting to construct a 400 square foot detached garage. Such
garage will be located on an existing building pad and will encroach into the
front yard setback. With respect to this request for a Conditional Use Permit, the
Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the construction of a
detached garage would be consistent with the purposes and objectives of the
Zoning Ordinance and General Plan and because the use is consistent with
similar uses in the community. The area proposed for the detached garage is in
an area on the property where impervious surface already exists and will not
change the existing configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a detached garage
will not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed garage will not impact the view or
privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the
natural terrain, and surrounding residences because the detached garage will
comply with the low profile residential development pattern of the community.
Reso. No. 2003-25 3
!Pinto Rd. (Lademan)
• •
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 400 square foot size of the
detached garage is permitted under the Municipal Code, with the Variance as
approved in this Resolution.
E. The proposed conditional use is consistent with the portions of the
Los Angeles County Hazardous Waste Management Plan relating to siting and
siting criteria for hazardous waste facilities because the project site is not listed
on the current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title
17 of the Zoning Code because it will not be visible from the road or neighboring
properties. An area for a future stable and corral has been set aside on the site.
Section 10. Based upon the foregoing findings and the evidence in
the record, the Planning Commission hereby approves a Conditional Use Permit
for the construction of a 400 square foot detached garage, in accordance with the
development plan dated October 7, 2003 and marked Exhibit A in Zoning Case
No. 672 subject to the conditions contained in this Resolution.
Section 11. Section 17.16.120 requires the front yard setback for every
residential parcel in the RA-S-2 Zone to be fifty (50) feet from the roadway
easement line. The applicant is requesting to construct a detached garage, which
will encroach 40 feet into the front yard setback. With respect to this request for a
Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the other
property or class of use in the same zone. The property is located in the Flying
Triangle area of the City, which has been designated as "Geotechnical Hazardous
Area", and very limited development is permitted in this area. Section 110.2.3.5,
of the Building Code permits issuance of a building permit in geotechnical
hazardous area when the work involves one-story, light frame accessory
structure not intended or used for human occupancy and not exceeding 400
square feet in area or 12 feet in height. The topography of the lot together with
the fact that the existing residence is located very close to the setbacks on the lot
creates a difficulty in constructing the garage elsewhere on the property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because the existing terrain and development on the lot creates a difficulty in
placing the garage elsewhere on the property. The proposed detached garage
will eliminate any need to grade, as the existing access to the proposed garage
will be utilized.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located. The proposed garage will be
Reso. No. 2003-25
]Pinto Rd. (Lademan)
• •
constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 12. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 672 to permit the detached garage to encroach forty feet into the front yard
setback, subject to the conditions specified in this Resolution.
Section 13 The Site Plan Review approval regarding the construction of
a detached garage approved in Section 8 of this Resolution, the Conditional Use
Permit regarding the construction of the detached garage approved in Section 10,
the Variance regarding the front yard encroachment of the detached garage
approved in Section 12 of this Resolution are subject to the following conditions:
A. The Site Plan Review, Variance, and Conditional Use Permit
approvals shall expire within one year from the effective date of approval as
defined in Sections 17.38.070(A),. 17.42.070(A), and 17.46.080(A) of the Zoning
Ordinance unless otherwise extended pursuant to the requirements of those
sections.
B. If any conditions of approval are violated, this approval shall be
suspended and the privileges granted hereunder shall lapse; provided that the
applicants have been given written notice to cease such violation, the
opportunity for a hearing has been provided, and if requested, has been held,
and thereafter the applicant fails to correct the violation within a period of thirty
(30) days from the date of the City's determination.
C. All requirements of the Building Code, the Zoning Ordinance, and
of the zone in which the subject property is located must be complied, with,
unless otherwise set forth in this approval.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated October 7,
2003 except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 7,726 square feet or 9.54%
in conformance with structural lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed
19,756 square feet or 19.8% in conformance with total lot coverage limitations.
G. The disturbed area of the lot shall not exceed 35.0% in conformance
with disturbed area limitations.
Reso. No. 2003-25
]Pinto Rd. (Lademan)
• •
H. Residential building pad coverage on the 21,622 square foot
existing residential building pad shall not exceed 7,726 square feet or 35.7%.
I. No grading is necessary for this project.
J. The applicant shall execute a waiver as required by Section 110 of
the Building Code and as required by the Los Angeles County Department of
Building and Safety relieving the County and all officers and employees thereof
of any liability for any damage of loss, which may result from the issuance of a
permit. The applicant will perform the construction in accordance with Building
Code requirements, and will be fully responsible for the success or failure of the
work.
K. 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.
L. During construction, conformance with local ordinances and
engineering practices so that people or property is not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
M. During construction, conformance with the air quality management
district requirements, storm water pollution prevention practices, county and
local ordinances and engineering practices so that people or property are not
exposed to undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
N. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control storm water pollution as required by the County of Los
Angeles.
O. During and after construction, all parking shall take place on the
project site.
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. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of storm water drainage facilities.
R. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Reso. No. 2003-25
1Pinto Rd. (Lademan)
• •
Management Practices (BMP's) related to solid waste and storm water pollution
prevention.
S. Prior to granting a final inspection and/or certificate of occupancy,
all utility lines to the structure shall be placed underground.
T. The City's requirements related to outdoor lighting, roofing
material and construction and all other requirements shall be complied with.
U. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance, Conditional Use Permit and Site Plan Review
approvals, pursuant to Sections 17.38.060, 17.42 .060 or the approval shall not be
effective.
V. All conditions, when applicable, of the Variances, Conditional Use
Permits and Site Plan Review approvals must be complied with prior to the
issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF DECEMBER 2003.
ARVEL WITTE, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. No. 2003-25
!Pinto Rd. (Lademan)
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-25 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND A
CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE,
AND A VARIANCE TO PERMIT ENCROACHMENT WITH THE GARAGE
INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 672, AT 1 PINTO ROAD (LOT 36-FT),
(LADEMAN).
was approved and adopted at a regular meeting of the Planning Commission on
December 16, 2003 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 CI T `CLERK
Reso. No. 2003-25 8
]Pinto Rd. (Lademan)
DATE:
TO:
FROM:
•
Ci1 ./ RJILJ Jl,'PF
DECEMBER 16, 2003
•
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
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
REOUEST
ZONING CASE NO. 672
1 PINTO ROAD (LOT 36-FT)
RA-S-2, 2.39 ACRES (GROSS)
MS. PAIGE LADEMAN
COLBOURN-CURRIER-NOLL, ARCHITECTURE INC.
OCTOBER 11, 2003
r-Z17-Al
Request for a Site Plan Review and Conditional Use Permit to construct a detached
garage and a Variance request to encroach with the garage into the front yard setback at
an existing single family residence.
BACKGROUND
1. At the November 18, 2003 Planning Commission meeting, the
Commission directed staff to prepare a Resolution of approval for Zoning Case
No. 672. The vote was 4-0. Commissioner DeRoy was absent and excused.
Resolution No. 2003-25 is attached for Commission's consideration.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2003-25
approving this development.
®Priritecl on Recycled Paper
RESOLUTION NO. 2003-25.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW AND A CONDITIONAL USE PERMIT TO
CONSTRUCT A DETACHED GARAGE, AND A VARIANCE TO
PERMIT ENCROACHMENT WITH THE GARAGE INTO THE
FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 672, AT 1 PINTO ROAD
(LOT 36-FT), (LADEMAN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Ms. Paige Lademan with
respect to real property located at 1 Pinto Road, Rolling Hills (Lot 36-FT)
requesting a site plan review and conditional use permit to construct a 400
square foot detached garage, and a variance to encroach with the garage into the
front yard setback at an existing single family residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on October 21, 2003, November 18, 2003,
and at a field trip visit on November 17, 2003. The applicant was 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. The Planning Commission reviewed, analyzed and studied said
proposal. The applicant and her representative were in attendance at the
hearings.
Section 3. There is an existing attached garage, which the applicant is
proposing to convert to living quarters. Originally, the applicant proposed to
convert an existing storage shed into a garage and attach it through a solid roof
to the main residence. Due to the prohibitions of the Building Code, such a
proposal was not possible.
Section 4. The property is located in the Flying Triangle, and abuts two
streets, Pinto Road and Portuguese Bend Road. The frontage of the property is
located along the longer street side, which is Pinto Road.
Section 5. Pursuant to Los Angeles County Building Code, properties
in the Flying Triangle in the City of Rolling Hills are considered to contain
"Geotechnical Hazards", and therefore, very limited development is permitted.
Section 110.2 of the Los Angeles County Building Code, which the City adopts
by reference, prohibits, subject to certain exceptions, the issuance of building
permits for properties located in geotechnical hazardous areas. One such
exception, contained in Section 110.2.3.5, permits issuance of a building permit
when the work involves one-story, light frame accessory structure not intended
Reso. No. 2003-25 1
1Pinto Rd. (Lademan)
ti
or used for human occupancy and not exceeding 400 square feet in area or 12 feet
in height.
Section 6. The Planning Commission finds that the project qualifies as
a Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land
Alteration) and is therefore categorically exempt from environmental review
under the California Environmental Quality Act.
Section 7. Section 17.46.030 requires a development plan to be
submitted for site plan review and approval before any development 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 detached garage, the Planning Commission makes the following findings
of fact:
A. The proposed development is compatible with the General Plan,
the Zoning Ordinance and surrounding uses because the proposed structures
comply with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code setback requirements with the Variance
approved by this Resolution. The lot 2.38 acres gross and 80,729 square feet net,
as calculated for development purposes. The size of the existing and proposed
structures will be 7,226 square feet, which constitutes 9.5% of the net lot area,
which is within the maximum 20% structural lot coverage permitted. The total
lot coverage including paved areas and driveways will be 15,999 square feet
which equals 19.8% of the net lot, which is within the 35% maximum overall lot
coverage permitted. The proposed project is screened from the road so as to
reduce the visual impact of the development.
B. The project substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage. The topography and the
configuration of the lot, has been considered, and it was determined that the
proposed development will not adversely affect or be materially detrimental to
adjacent uses, buildings, or structures because the proposed construction will be
constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature tree's and
shrubs, is of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
C. The proposed development, as conditioned, is harmonious in scale
and mass with the site, and is consistent with the scale of the neighborhood
when compared to properties in the vicinity. The proposed garage will follow the
pattern and style of the original residence.
Reso. No. 2003-25 2
1Pinto Rd. (Lademan)
• •
D. The development plan incorporates existing trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
will supplement the existing vegetation 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
structure will not cause the lot to look overdeveloped. Significant portions of the
lot will be left undeveloped. The proposed detached garage will not be visible
from Pinto Road.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will not change the existing circulation pattern and will utilize
an existing driveway.
G. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 8. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Site Plan Review
application for Zoning Case No. 672 for a detached garage as shown on the
Development Plan dated October 7, 2003 and marked Exhibit A, subject to the
conditions contained in this Resolution.
Section 9. Section 17.16.210(A)(4) of the Rolling Hills Municipal Code
permits approval of a detached garage under certain conditions, provided a
Conditional Use Permit for such use is approved by the Planning Commission.
The applicant is requesting to construct a 400 square foot detached garage. Such
garage will be located on an existing building pad and will encroach into the
front yard setback. With respect to this request for a Conditional Use Permit, the
Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the construction of a
detached garage would be consistent with the purposes and objectives of the
Zoning Ordinance and General Plan and because the use is consistent with
similar uses in the community. The area proposed for the detached garage is in
an area on the property where impervious surface already exists and will not
change the existing configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a detached garage
will not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed garage will not impact the view or
privacy of surrounding neighbors.
Reso. No. 2003-25 3
1Pinto Rd. (Lademan)
• •
C. The project is harmonious in scale and mass with the site, the
natural terrain, and surrounding residences because the detached garage will
comply with the low profile residential development pattern of the community.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 400 square foot size of the
detached garage is permitted under the Municipal Code, with the Variance as
approved in this Resolution.
E. The proposed conditional use is consistent with. the portions of the
Los Angeles County Hazardous Waste Management Plan relating to siting and
siting criteria for hazardous waste facilities because the project site is not listed
on the current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title
17 of the Zoning Code because it will not be visible from the road or neighboring
properties. An area for a future stable and corral has been set aside on the site.
Section 10. Based upon the foregoing findings and the evidence in
the record, the Planning Commission hereby approves a Conditional Use Permit
for the construction of a 400 square foot detached garage, in accordance with the
development plan dated October 7, 2003 and marked Exhibit A in Zoning Case
No. 672 subject to the conditions contained in this Resolution.
Section 11. Section 17.16.120 requires the front yard setback for every
residential parcel in the RA-S-2 Zone to be fifty (50) feet from the roadway
easement line. The applicant is requesting to construct a detached garage, which
will encroach 40 feet into the front yard setback. With respect to this request for a
Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the other
property or class of use in the same zone. The property is located in the Flying
Triangle area of the City, which has been designated as "Geotechnical Hazardous
Area", and very limited development is permitted in this area. Section 110.2.3.5,
of the Building Code permits issuance of a building permit in geotechnical
hazardous area when the work involves one-story, light frame accessory
structure not intended or used for human occupancy and not exceeding 400
square feet in area or 12 feet in height.. The topography of the lot together with
the fact that the existing residence is located very close to the setbacks on the lot
creates a difficulty in constructing the garage elsewhere on the property.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because the existing terrain and development on the lot creates a difficulty in
placing the garage elsewhere on the property. The proposed detached garage
will eliminate any need to grade, as the existing access to the proposed garage
will be utilized.
Reso. No. 2003-25 4
1Pinto Rd. (Lademan)
• •
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located. The proposed garage will be
constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 12. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 672 to permit the detached garage to encroach forty feet into the front yard
setback, subject to the conditions specified in this Resolution.
Section 13 The Site Plan Review approval regarding the construction of
a detached garage approved in Section 8 of this Resolution, the Conditional Use
Permit regarding the construction of the detached garage approved in Section 10,
the Variance regarding the front yard encroachment of the detached garage
approved in Section 12 of this Resolution are subject to the following conditions:
A. The Site Plan Review, Variance, and Conditional Use Permit
approvals shall expire within one year from the effective date of approval as
defined in Sections 17.38.070(A), 17.42.070(A), and 17.46.080(A) of the Zoning
Ordinance unless otherwiseextended pursuant to the requirements of those
sections.
B. If any conditions of approval are violated, this approval shall be
suspended and the privileges granted hereunder shall lapse; provided that the
applicants have been given written notice to cease such violation, the
opportunity for a hearing has been provided, and if requested, has been held,
arid thereafter the applicant fails to correct the violation within a period of thirty
(30) days from the date of the City's determination.
C. All requirements of the Building Code, the Zoning Ordinance, and
of the zone in which the subject property is located must be complied with,
unless otherwise set forth in this approval.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated October 7,
2003 except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 7,726 square feet or 9.54%
in conformance with structural lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed
19,756 square feet or 19.8% in conformance with total lot coverage limitations.
Reso. No. 2003-25 5
1Pinto Rd. (Lademan)
• •
G. The disturbed area of the lot shall not exceed 35.0% in conformance
with disturbed area limitations.
H. Residential building pad coverage on the 21,622 square foot
existing residential building pad shall not exceed 7,726 square feet or 35.7%.
I. No grading is necessary for this project.
J. The applicant shall execute a waiver as required by Section 110 of
the Building Code and as required by the Los Angeles County Department of
Building and Safety relieving the County and all officers and employees thereof
of any liability for any damage of loss, which may result from the issuance of a
permit. The applicant will perform the construction in accordance with Building
Code requirements, and will be fully responsible for the success or failure of the
work.
K. 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.
L. During construction, conformance with local ordinances and
engineering practices so that people or property is not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
M. During construction, conformance with the air quality management
district requirements, storm water pollution prevention practices, county and
local ordinances and engineering practices so that people or property are not
exposed to undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
N. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control storm water pollution as required by the County of Los
Angeles.
O. During and after construction, all parking shall take place on the
project site.
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. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of storm water drainage facilities.
Reso. No. 2003-25 6
1Pinto Rd. (Lademan)
R. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste and storm water pollution
prevention.
S. Prior to granting a final inspection and/or certificate of occupancy,
all utility lines to the structure shall be placed underground.
T. The City's requirements related to outdoor lighting, roofing
material and construction and all other requirements shall be complied with.
U. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance, Conditional Use Permit and Site Plan Review
approvals, pursuant to Sections 17.38.060, 17.42 .060 or the approval shall not be
effective.
V. All conditions, when applicable, of the Variances, Conditional Use
Permits and Site Plan Review approvals must be complied with prior to the
issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF DECEMBER 2003.
ARVEL WITTE, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. No. 2003-25 7
1Pinto Rd. (Lademan)
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-25 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND A
CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE,
AND A VARIANCE TO PERMIT ENCROACHMENT WITH THE GARAGE
INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 672, AT 1 PINTO ROAD (LOT 36-FT),
(LADEMAN).
was approved and adopted at a regular meeting of the Planning Commission on
December 16, 2003 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
Reso. No. 2003-25 8
1Pinto Rd. (Lademan)
DATE:
TO:
FROM:
•
City opR0f/L .uP�
•
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
NOVEMBER 18, 2003
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 672
1 PINTO ROAD (LOT 36-FT)
RA-S-2, 2.39 ACRES (GROSS)
MS. PAIGE LADEMAN
COLBOURN-CURRIER-NOLL, ARCHITECTURE INC.
OCTOBER 11, 2003
REOUEST
Request for a Site Plan Review and Conditional Use Permit to construct a detached
garage and a Variance request to encroach with the garage into the front yard setback at
an existing single family residence.
BACKGROUND
1. The Planning Commission visited the site on November 17, 2003.
2. The applicant is requesting a Site Plan Review and Conditional Use Permit to
construct a 400 square feet detached garage, and a Variance to permit the garage to
encroach into the front yard setback.
3. The property is zoned RAS-2. The gross lot area is 104,196 square feet or 2.39
acres and the net lot area for construction purposes is 80,729, (1.85 acres). The property
is located in the Flying Triangle, and abuts two streets, Pinto Road and Portuguese
Bend Road. The frontage of the property is located along the longer street side, which is
Pinto Road.
4. Pursuant to Los Angeles County Building Code, properties in the, Flying Triangle
in the City of Rolling Hills are considered to have "Geotechnical Hazards", and
therefore, very limited development is permitted.
5. The property is developed with a 2,228 square foot residence with a 427 square
foot attached garage and 862 square feet of covered porches, 719 square foot swimming
pool, 1,890 square foot sports court and a 750 square foot shed. The trash area is located
within the shed.
ZC NO. 672
PIng.Comm. 11/18/03
®Printed On Rec:yrincl f',lpr.:r,
6. Records show that the house with an attached garage was constructed in 1953. A
stable was constructed in 1968. The stable has been damaged by fire and only a concrete
pad remains. In 1969 the swimming pool was built. The shed and the sports court were
constructed prior to 1968, and therefore these structures are legal non -conforming.
7. The applicant is proposing to convert the 427 square foot attached garage into
living area and construct a separate garage. Originally, the applicant proposed to
convert the garage into living area, enclose some of the covered porches and to convert
the existing shed into a garage. After many months of discussions with City staff and
the County, the County officials determined that only a 400 square foot, accessory
structure not intended or used for human occupancy could be constructed on subject
property. Pursuant to the Los Angeles County Building Code SECTION 110-
PROHIBITED USES OF BUILDING SITES, permits in the Geotechnical Hazards zones
may be issued as follows:
a. When the applicant has submitted a geological and/or geotechnical engineering
report containing a finding regarding the safety of the building site and the safety of
properties outside the building site.
b. When the work involves the alteration, or repair of existing structures and the
cost does not exceed 25% of the value of the existing structure. The applicant is required
to record a document that the owner is aware that the property is subject to a physical
hazard and an agreement relieving the County of any liability for any damage or loss,
which may result from issuance of a permit.
c. When the work involves an addition to an existing structure but is not a change
in use and such work does not increase the area of the structure more than 25%.
However, the safety factor [see (a) above] must be met. An agreement relieving the
County of any liability for any damage or loss, which may result from the issuance of a
permit is required and is recorded in the County Registrar -Recorder office.
d. When the work involves a one-story, light frame accessory structure not
intended or used for human occupancy and not exceeding 400 square feet in area or 12
feet in height.
e. When the work involves the repair of single-family residences and accessory
building where the cost of such repair exceeds 25% of the value of the existing
structures or involves replacement of such structures where the loss was due to causes
other than landslide, settlement or slippage, providing the owner (1) record a document
stating that the owner is aware that the property is subject to a physical hazard and (2)
agreement relieving the County of any liability for any damage or loss, which may
result from issuance of a permit and (3) "submit calculations and plans for the proposed
construction/reconstruction prepared by a registered civil engineer and designed to
minimize damage while accommodating the amount of vertical and horizontal
displacement which the engineer determines are probable or which have occurred since
the original structure was built, whichever is greater."
ZC NO. 672
Plng.Comm. 11/18/03 2
• •
In addition, the Building Code states that "the building official may, at his or her
discretion deny a permit for any building, structure or grading subject to a hazard of a
geotechnical nature which cannot be mitigated and may endanger the health or safety
of the occupants, adjoining property or the public".
8. Based on the above, the County officials determined that the potential hazard
resulting from any construction on subject property, other than the 400 square foot
structure, could not be mitigated. They also determined that the existing shed could not
be converted to a garage because its value is too insignificant and condition (b) above
would not apply, (when the work involves the alteration, or repair of existing structures
and the cost does not exceed 25% of the value of the existing structure). According to
the County, an attached garage would also not be allowed because the applicant would
not be able to comply with condition (c) above.
Therefore, the only option the applicant has is to construct a new 400 square foot
detached accessory structure and to retain the shed. The applicant could also demolish
the shed, but could not rebuild all or any portion thereof.
9. The new structure requires a Site Plan Review for new structure, a Conditional
Use Permit for a detached garage and a Variance to allow it to encroach into the front
yard setback, as there is no other place to construct the garage. The applicant proposes
to utilize the existing driveway.
10. There will be no grading for this project.
11. Art area for a future stable and corral is shown on the plan, however, as with the
proposed garage only a 400 square foot stable could be built on subject property,
without having to prove stability, which the County determined could not be proved in
the Flying Triangle.
12. The applicant's representative states that the Variance request is justified because
the County Building Code prevents the conversion of the existing shed into a garage
and prevents the owner from attaching the new garage to the existing residence. The
location of the proposed garage utilizes the existing driveway.
13. The structural lot coverage on the 80,729 square foot net lot area is proposed to
be 7,726 square feet or 9.54%, which includes the residence, garage, pool, shed,
proposed garage, sports court, covered porches and the future stable, (20% permitted).
The total lot coverage proposed including the structures and paved areas will be 15,999
square feet or 19.8%, (35% permitted).
14. There is one building pad on the property measuring 21,622 square feet.
Structural coverage on this pad is proposed to be 7,726 square feet or 35.7%. The
existing building pad coverage is 31.8%. The shed, pool, portion of the sports court and
the proposed garage are located outside the building pad area, but are counted towards
the coverage.
15. Disturbed area of the lot will be 35.0%, (40% permitted) of the net lot area.
Disturbance includes any remedial grading (temporary disturbance), any graded slopes
ZC NO. 672
Plng.Comm. 11/18/03 3
and building pad areas, and any nongraded area where impervious surfaces will
remain or are proposed to be added.
16. It will be required that utilities to the new garage be placed underground..
17. The Rolling Hills Community Association does not review projects in the Flying
Triangle.
18. Signatures from adjacent property owners supporting this project are attached.
19. 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, take
public testimony and provide direction to staff.
NEARBY PROPERTIES (For information only)
Address
73 Portuguese Bend
70 Portuguese Bend
74 Portuguese Bend
2 Pinto Road
3 Pinto Road
4 Pinto Road
1 Pinto Road
Owner
Dupree
Mitchell
Wilson
Raine
Hartwig
Fleck
AVERAGE
Lademan
House size Lot Area (sq.ft.)
3,062 93,210
3,122 73,181
2,531 174,240
3,433 87,991
2,944 138,956
4,087 219,978
3,196 131,259
2,655 (Proposed) 92,475
NOTE:
The lot area and home sizes for the properties shown above, are taken from the
assessors' records, with roadway easement deducted and do not include garages.
ZC NO. 672
Plng.Comm. 11/18/03 '4
1
Zoning Case No. 672
SITE PLAN REVIEW
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement Tine
Side: 35 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 -guideline)
GRADING
Site Plan Review required if excavation
and/or fill or combination thereof that is
more than 3 feet in depth or 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 (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
EXISTING
SINGLE FAMILY RESIDENCE
WITH GARAGE, POOL, SHED &
SPORTS COURT
Residence
Garage
Pool
Stable
Sports court
Shed/service yd.
Covered porches
TOTAL
8.52% of 80,729 sq
18.77%
2228 sq.ft.
427 sq.ft.
719 sq.ft.
0
1890 sq.ft
750 sq.ft
862 sq.ft
6,876 sq.ft.
.ft. net lot area
II
PROPOSED
DETACHED GARAGE
Residence
Garage
Swim Pool
Stable future
Sports court
Shed/service yard
Covered porches
TOTAL
2655 sq.ft.
400 sq.ft.
719 sq.ft.
450 sq.ft.
1890 sq.ft.
750 sq.ft
862 sq.ft
7,726 sq.ft.
9.54% of 80,729 sq. ft. net lot area
19.8%
31.8% 35.7% of 21,622 sq.ft. building pad
N/A
None
35% 35% (proposed structure will be
located on already disturbed area)
N/A
N/A
From Pinto Road
N/A
N/A
ZC NO. 672
Ping.Comm. 11/18/03 5
450 sq. ft future
550 sq. ft. corral
Future from Pinto Road
Existing driveway approach from
Pinto Road
Planning Commission will review.
Planning Commission will review.
October 20, 2003
To: Members of the Planning Commission and City Council:
Regarding Zoning Case #672
1 Pinto Road
4)„.m)
OCT 2 1 2003
CITY OF ROLLING HILLS
tt
The following immediate neighbors are in complete support of the proposal being put
forth by Paige Lademan to remodel her home and construct a new garage which will
encroach into the front yard setback.
DATE:
TO:
FROM:
•
cry opeo ePnS
NOVEMBER 17, 2003
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityotrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO. ZONING CASE NO. 672
SITE LOCATION: 1 PINTO ROAD (LOT 36-FT)
ZONING AND SIZE: RA-S-2, 2.39 ACRES (GROSS)
APPLICANT: MS. PAIGE LADEMAN
REPRESENTATIVE: COLBOURN-CURRIER-NOLL, ARCHITECTURE INC.
PUBLISHED: OCTOBER 11, 2003
REOUEST
Request for a Site Plan Review and Conditional Use Permit to construct a detached
garage and a Variance request to encroach with the garage into the front yard setback at
an existing single family residence.
BACKGROUND
1. The Planning Commission at the October 21, 2003 meeting scheduled a field
visit to subject site for tonight.
2. The applicant is requesting a Site Plan Review and Conditional Use Permit to
construct a 400 square feet detached garage, and a Variance to permit the garage to
encroach into the front yard setback.
3. The property is zoned RAS-2. The gross lot area is 104,196 square feet or 2.39
acres and the net lot area for construction purposes is 80,729, (1.85 acres). The property
is located in the Flying Triangle, and abuts two streets, Pinto Road and Portuguese
Bend Road. The frontage of the property is located along the longer street side, which is
Pinto Road.
4. Pursuant to Los Angeles County Building Code, properties in the Flying Triangle
in the City of Rolling Hills are considered to be located in a "Geotechnical Hazards"
area, and therefore, very limited development is permitted.
5. The property is developed with a 2,228 square foot residence with a 427 square
foot attached garage and 862 square feet of covered porches, 719 square foot swimming
pool, 1,890 square foot sports court and a 750 square foot shed. The trash area is located
within the shed.
ZC NO. 672
P1ng.Comm. 11/17/03FT 1
(S)Printerl on fijf.Yclnd r'nr,r;:r
6. Records show that the house with an attached garage was constructed in 1953. A
stable was constructed in 1968. The stable has been damaged by fire and only a concrete
pad remains. In 1969 the swimming pool was built. The shed and the sports court were
constructed prior to 1968, and therefore these structures are legal non -conforming.
7. The applicant is proposing to convert the 427 square foot attached garage into
living area and construct a separate garage. Originally, the applicant proposed to
convert the garage into living area, enclose some of the covered porches and to convert
the existing, shed into a garage. After many months of discussions with City staff and
the County, the County officials determined that only a 400 square foot, accessory
structure not intended or used for human occupancy could be constructed on subject
property. Pursuant to the Los Angeles County Building Code SECTION 110-
PROHIBITED USES OF BUILDING SITES, permits in the Geotechnical Hazards zones
may be issued as follows:
a. When the applicant has submitted a geological and/or geotechnical engineering
report containing a finding regarding the safety of the building site and the safety of
properties outside the building site.
b. When the work involves the alteration, or repair of existing structures and the
cost does not exceed 25% of the value of the existing structure. The applicant is required
to record a document that the owner is aware that the property is subject to a physical
hazard and an agreement relieving the County of any liability for any damage or loss,
which may result from issuance of a permit.
c. When the work involves an addition to an existing structure but is not a change
in use and such work does not increase the area of the structure more. than 25%.
However, the safety factor [see (a) above] must be met. An agreement relieving the
County of any liability for any damage or loss, which may result from the issuance of a
permit is required and is recorded in the County Registrar -Recorder office.
d. When the work involves a one-story, light frame accessory structure not
intended or used for human occupancy and not exceeding 400 square feet in area or 12
feet in height.
e. When the work involves the repair of single-family residences and accessory
building where the cost of such repair exceeds 25% of the value of the existing
structures or involves replacement of such structures where the loss was due to causes
other than landslide, settlement or slippage, providing the owner (1) record a document
stating that the owner is aware that the property is subject to a physical hazard and (2)
agreement relieving the County of any liability for any damage or loss, which may
result from issuance of a permit and (3) "submit calculations and plans for the proposed
construction/reconstruction prepared by a registered civil engineer and designed to
minimize damage while accommodating the amount of vertical and horizontal
displacement which the engineer determines are probable or which have occurred since
the original structure was built, whichever is greater."
In addition, the Building Code states that "the building official may, at his or her
discretion deny a permit for any building, structure or grading subject to a hazard of a
ZC NO. 672
Ping.Comm. 11/17/03FT 2
• •
geotechnical nature which cannot be mitigated and may endanger the health or safety
of the occupants, adjoining property or the public".
8. Based on the above, the County officials determined, that the potential hazard
resulting from any construction on subject property, other than the 400 square foot
structure, could not be mitigated. They also determined that the existing shed could not
be converted to a garage because its value is too insignificant and condition (b) above
would not apply, (when the work involves the alteration, or repair of existing structures
and the cost does not exceed 25% of the value of the existing structure). According to
the County, an attached garage would also not be allowed because the applicant would
not be able to comply with condition (c) above.
Therefore, the only option the applicant has is to construct a new 400 square foot
detached accessory structure and to retain the shed. The applicant could also demolish
the shed, but could not rebuild all or any portion thereof.
9. The new structure requires a Site Plan Review for new structure, a Conditional
Use Permit for a detached garage and a Variance to allow it to encroach into the front
yard setback, as there is no other place to construct the garage. The applicant proposes
to utilize the existing driveway.
10. There will be no grading for this project.
11. An area for a future stable and corral is shown on the plan, however, as with the
proposed garage only a 400 square foot stable could be built on subject property,
without having to prove stability, which the County determined could not be proven in
the Flying Triangle.
12. The applicant's representative states that the Variance request is justified because
the County Building Code prevents the conversion of the existing shed into a garage
and prevents the owner from attaching the new garage to the existing residence. The
location of the proposed garage utilizes the existing driveway.
13. The structural lot coverage on the 80,729 square foot net lot area is proposed to
be 7,726 square feet or 9.54%, which includes the residence, garage, pool, shed,
proposed garage, sports court, covered porches and the future stable, (20% permitted).
The total lot coverage proposed including the structures and paved areas will be 15,999
square feet or 19.8%, (35% permitted).
14 There is one building pad on the property measuring 21,622 square feet.
Structural coverage on this pad is proposed to be 7,726 square feet or 35.7%. The
existing building pad coverage is 31.8%. The shed, pool, portion of the sports court and
the proposed garage are located outside the building pad area, but are counted towards
the coverage.
15. Disturbed area of the lot will be 35.0%, (40% permitted) of the net lot area.
Disturbance includes any remedial grading (temporary disturbance), any graded slopes
and building pad areas, and any nongraded area where impervious surfaces will
remain or are proposed to be added.
ZC NO. 672
Plng.Comm. 11/17/03FT 3
16. It will be required that utilities to the new garage be placed underground.
17. The Rolling Hills Community Association does not review projects in the Flying
Triangle.
18. Signatures from adjacent property owners supporting this project are
attached.
19. 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 visit the site, take public
testimony and provide direction to staff.
NEARBY PROPERTIES (For information only)
Address
73 Portuguese Bend
70 Portuguese Bend
74 Portuguese Bend
2 Pinto Road
3 Pinto Road
4 Pinto Road
1 Pinto Road
Owner
Dupree
Mitchell
Wilson
Raine
Hartwig
Fleck
AVERAGE
Lademan
House size Lot Area (sq.ft.)
3,062 93,210
3,122 73,181
2,531 174,240
3,433 87,991
2,944 138,956
4,087 219,978
3,196 131,259
2,655 (Proposed) 92,475
NOTE:
The lot area and home sizes for the properties shown above, are taken from the
assessors' records, with roadway easement deducted and do not include garages.
ZC NO. 672
PIng.Comm. 11/17/03FT 4
Zoning Case No. 672
1 SITE PLAN REVIEW
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 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 -guideline)
GRADING
Site Plan Review required if excavation
and/or fill or combination thereof that is
more than 3 feet in depth or 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 (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
ZC NO. 672
PIng.Comm. 11/17/03FT
EXISTING 11
SINGLE FAMILY RESIDENCE
WITH GARAGE, POOL, SHED &
SPORTS COURT
Residence
Garage
Pool
Stable
Sports court
Shed/service yd.
Covered porches
TOTAL
8.52% of 80,729 sq
18.77%
2228 sq.ft.
427 sq.ft.
719 sq.ft.
0
1890 sq.ft
750 sq.ft
862 sq.ft
6,876 sq.ft.
.ft. net lot area
PROPOSED
DETACHED GARAGE
Residence
Garage
Swim Pool
Stable future
Sports court
Shed/service yard
Covered porches
TOTAL
2655 sq.ft.
400 sq.ft.
719 sq.ft.
450 sq.ft.
1890 sq.ft.
750 sq.ft
862 sq.ft
7,726 sq.ft.
9.54% of 80,729 sq. ft. net lot area
19.8%
31.8% 35.7% of 21,622 sq.ft. building pad
N/A
None
35% 35% (proposed structure will be
located on already disturbed area)
N/A
N/A
From Pinto Road
N/A
N/A
5
450 sq. ft future
550 sq. ft. corral
Future from Pinto Road •
Existing driveway approach from
Pinto Road
Planning Commission will review.
Planning Commission will review.
October 20, 2003
To: Members of the Planning Commission and City Council:
Regarding Zoning Case #672
1 Pinto Road
OCT 2 1 2003
TI Y OF ROLLING HILLS
The following immediate neighbors are in complete support of the proposal being put
forth by Paige Lademan to remodel her home and construct a new garage which will
encroach into the front yard setback.
Tcw.},J2, Pt 106
4 / f%ft�rc�c ��Uad
p
DATE:
TO:
FROM:
Cuy oi R0ffi Jhff
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
OCTOBER 21, 2003
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 672
1 PINTO ROAD (LOT 36-FT)
RA-S-2, 2.39 ACRES (GROSS)
MS. PAIGE LADEMAN
COLBOURN-CURRIER-NOLL, ARCHITECTURE INC.
OCTOBER 11, 2003
REQUEST
Request for a Site Plan Review and Conditional Use Permit to construct a detached
garage and a Variance request to encroach with the garage into the front yard setback at
an existing single family residence.
BACKGROUND
1. The applicant is requesting a Site Plan Review and Conditional Use Permit to
construct a 400 square feet detached garage, and a Variance to permit the garage to
encroach into the front yard setback.
2. The property is zoned RAS-2. The gross lot area is 104,196 square feet or 2.39
acres and the net lot area for construction purposes is 80,729, (1.85 acres). The property
is located in the Flying Triangle, and abuts two streets, Pinto Road and Portuguese
Bend Road. The frontage of the property is located along the longer side of the lot along
Pinto Road.
3. Pursuant to Los Angeles County Building Code, properties in the Flying Triangle
in the City of Rolling Hills are considered to have "Geotechnical Hazards", and
therefore, very limited development is permitted.
4. The property is developed with a 2,228 square foot residence with a 427 square
foot attached garage and 862 square feet of covered porches, 719 square foot swimming
pool, 1,890 square foot sports court and a 750 square foot shed. The trash area is located
within the shed.
5. The records show that the house with an attached garage was constructed in
1953. A stable was constructed in 1968. The stable has been damaged by fire and only a
ZC NO. 672
Plng.Comm. 10/21/03
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concrete pad remains. In 1969 the swimming pool was built. The shed and the sports
court were constructed prior to 1968, and therefore these structures are legal non-
conforming.
6. The applicant is proposing to convert the 427 square foot attached garage into
living area and construct a separate garage. Originally, the applicant proposed to
convert the garage into living area, enclose some of the covered porches and to convert
the existing shed into a garage. After many months of discussions with City staff and
the County, the County officials determined that a 400 square foot, accessory structure
not intended or used for human occupancy could be constructed on subject property.
Pursuant to the Los Angeles County Building Code SECTION 110-PROHIBITED USES
OF BUILDING SITES, permits in the Geotechnical Hazards zones may be issued as
follows:
a. When the applicant has submitted a geological and/or geotechnical engineering
report containing a finding regarding the safety of the building site and the safety of
properties outside the building site.
b. When the work involves the alteration, or repair of existing structures and the
cost does not exceed 25% of the value of the existing structure. The applicant is required
to record a document that the owner is aware that the property is subject to a physical
hazard and an agreement relieving the County of any liability for any damage or loss,
which may result from issuance of a permit.
c. When the work involves an addition to an existing structure but is not a change
in use and such work does not increase the area of the structure more than 25%.
However, the safety factor [see (a) above] must be met. An agreement relieving the
County of any liability for any damage or loss, which may result from the issuance of a
permit is required and is recorded in the County Registrar -Recorder office.
d. When the work involves a one-story, light frame accessory structure not
intended or used for human occupancy and not exceeding 400 square feet in area or 12
feet in height.
e. When the work involves the repair of single-family residences and accessory
building where the cost of such repair exceeds 25% of the value of the existing
structures or involves replacement of such structures where the loss was due to causes.
other than landslide, settlement or slippage, providing the owner (1) record a document
stating that the owner is aware that the property is subject to a physical hazard and (2)
agreement relieving the County of any liability for any damage or loss, which may
result from issuance of a permit and (3) "submit calculations and plans for the proposed
construction/reconstruction prepared by a registered civil engineer and designed to
minimize damage while. accommodating the amount of vertical and horizontal
displacement which the engineer determines are probable or which have occurred since
the original structure was built, whichever is greater."
In addition, the Building Code states that "the building official may, at his or her
discretion deny a permit for any building, structure or grading subject to a hazard of a
ZC NO. 672
Plng.Comm. 10/21/03 2
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geotechnical nature which cannot be mitigated and may endanger the health or safety
of the occupants, adjoining property or the public".
7. Based on the above, the County officials determined that the potential hazard
resulting from any construction on subject property, other than the 400 square foot
structure, could not be mitigated. They also determined that the existing shed could not
be converted to a garage because its value is too insignificant and condition (b) above
would not apply, (when the work involves the alteration, or repair of existing structures
and the cost does not exceed 25% of the value of the existing structure). According to
the County, an attached garage would also not be allowed because the applicant would
not be able to comply with condition (c) above.
Therefore, the only option the applicant has is to construct a new 400 square foot
detached accessory structure and to retain the shed. The applicant could also demolish
the shed, but could not rebuild all or any portion thereof.
8. The new structure requires a Site Plan Review for new structure, a Conditional
Use Permit for a detached garage and a Variance to allow it to encroach into the front
yard setback, as there is no other place to construct the garage. The applicant proposes
to utilize the existing driveway.
9. There will be no grading for this project.
10. An area for a future stable and corral is shown on the plan, however, as with the
proposed garage .only a 400 square foot stable could be built on subject property,
without having to prove stability, which the County determined could not be proved in
the Flying Triangle.
11. The applicant's representative states that the Variance request is justified because
the County Building Code prevents the conversion of the existing shed into a garage
and prevents the owner from attaching the new garage to the existing residence. The
location of the proposed garage utilizes the existing driveway.
12. The structural lot coverage on the 80,729 square foot net lot area is proposed to
be 7,726 square feet or 9.54%, which includes the residence, garage, pool, shed,
proposed garage, sports court, covered porches and the future stable, (20% permitted).
The total lot coverage proposed including the structures and paved areas will be 15,999
square feet or 19.8%, (35% permitted).
13 There is one building pad on the property measuring 21,622 square feet.
Structural coverage on this pad is proposed to be 7,726 square feet or 35.7%. The
existing building pad coverage is 31.8%. The shed, pool, portion of the sports court and
the proposed garage are located outside the building pad area, but are counted towards
the coverage.
14. Disturbed area of the lot will be 35.0%, (40% permitted) of the net lot area.
Disturbance includes any remedial grading (temporary disturbance), any graded slopes
and building pad areas, and any nongraded area where impervious surfaces will
remain or are proposed to be added.
ZC NO. 672
Plng.Comm. 10/21/03 3
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15. It will be required that utilities to the new garage be placed underground.
16. The Rolling Hills Community Association does not review projects in the Flying
Triangle.
17. 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, take
public testimony and provide direction to staff.
NEARBY PROPERTIES (For information only)
Address
73 Portuguese Bend
70 Portuguese Bend
74 Portuguese Bend
2 Pinto Road
3 Pinto Road
4 Pinto Road
1 Pinto Road
Owner
Dupree
Mitchell
Wilson
Raine
Hartwig
Fleck
AVERAGE
Lademan
House size Lot Area (sq.ft.)
3,062 93,210
3,122 73,181
2,531 1174,240
3,433 87,991
2,944 1138,956
4,087 219,978
3,196 131,259
2,655 (Proposed) 92,475
NOTE:
The lot area and home sizes for the properties shown above, are taken from the
assessors' records, with roadway easement deducted and do not include garages.
ZC NO. 672
Plng.Comm. 10/21/03 4
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Zoning Case No. 672
SITE PLAN REVIEW
RA-S- 2 ZONE SETBACKS
Front: 50 ft. from front easement line
Side: 35 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 -guideline)
GRADING
Site Plan Review required if excavation
and/or fill or combination thereof that is
more than 3 feet in depth or 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 (min. 450 SQ.FT.
& 550 SQ.FT. CORRAL)
STABLE ACCESS
ROADWAY ACCESS
VIEWS
PLANTS AND ANIMALS
EXISTING
SINGLE FAMILY RESIDENCE
WITH GARAGE, POOL, SHED &
SPORTS COURT
Residence
Garage
Pool
Stable
Sports court
Shed/service yd.
Covered porches
TOTAL
2228 sq.ft.
427 sq.ft.
719 sq.ft.
0
1890 sq.ft
750 sq.ft
862 sq.ft
6,876 sq.ft.
8.52% of 80,729 sq.ft. net lot area
18.77%
II
PROPOSED
DETACHED GARAGE
Residence
Garage
Swim Pool
Stable future
Sports court
Shed/service yard
Covered porches
TOTAL
9.54% of 80,729 sq.
19.8%
2655 sq.ft.
400 sq.ft.
719 sq.ft.
450 sq.ft.
1890 sq.ft.
750 sq.ft
862 sq.ft
7,726 sq.ft.
ft. net lot area
31.8% 135.7% of 21,622 sq.ft. building pad
N/A None
35% 35% (proposed structure will be
located on already disturbed area)
N/A
N/A
IFrom Pinto Road
I N/A
I N/A
ZC NO. 672
Plng.Comm. 10/21/03 5
450 sq. ft future
550 sq. ft. corral
Future from Pinto Road
IExisting driveway approach from
Pinto Road
I Planning Commission will review.
I Planning Commission will review.