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819, An extension of master bath, w, Staff Reports• • &re/ ej Redeft9 qi€14 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 4C Mtg. Date: 08-13-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER 4-) SUBJECT: RESOLUTION NO. 2012-14. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH), (CLAESSENS). PUBLISHED: RECOMMENDATION JUNE 7, 2012 JULY 5, 2012 1. It is recommended that the City Council receive and file this report of provide other direction to staff. REQUEST AND PLANNING COMMISSION ACTION 2. The property owners, Mr. and Mrs. Claessens, request a Variance to construct a 497 square foot addition to the house of which 155 square feet would encroach into the rear yard setback and a Variance to retain a shed located in the rear yard setback. 3. The Planning Commission approved the attached resolution finding that the addition is very minor and that with the location and configuration of the existing house, which for the most part is located in the rear of the property, the enlargement of a bathroom would not cause a special privilege or be detrimental to the neighbors. They also found that a large portion of the 155 square foot encroachment would be a fill in of an existing porch. Commissioner Mirsch voted against the project; Chairman Pieper ZC NO. 819 • • was recused due to proximity of his property to his property; and Commissioner Chelf was absent (excused). However, Commissioner Chelf voted to direct staff to prepare the resolution of approval at a prior meeting. Commissioner Mirsch stated that she feels the rear of the property is too crowded with the shed, the house encroachment and the guest house encroachment. The attached Resolution contains standard findings of facts and conditions including: • Utility lines to be placed underground • Remove hardscape areas as shown on the plan to meet the maximum permitted total lot coverage of 35% BACKGROUND 4. The property is zoned RAS-1 and is a corner lot. The property includes a 50-foot roadway easement along Portuguese Bend Road frontage and 30-foot roadway easement along Blackwater Canyon Road. The gross lot area is 73,747 square feet. The net lot area for development purposes is 44,875 square feet. The property is developed with a 3,658 square foot residence, 525 square foot free standing garage, 610 square foot swimming pool, 1,369 square feet guest house, 1,297 square foot stable, porches, a shed, playhouse, trellis, pool equipment area and service yard. 5. There are no records on file when the house was constructed. However, there are building permits dated between 1955 and 1965 showing the construction of several additions to an existing house, construction of a detached garage, laundry room and stable and in 1962 a Variance was granted for an addition to a previously existed recreation room, which later in the building permits is referred to as guest house. The swimming pool was constructed in 1975. Recently, an over-the-counter approval was granted to remodel the existing guest house and re -roof all structures. 6. All of the existing structures encroach into the rear and side setbacks, and all but one shed, are legal non -conforming. A Variance was requested and with this application granted for the shed. The playhouse in the rear setback may remain, as the City does not regulate play equipment, forts or playhouses of less than 120 square feet. MUNICIPAL CODE COMPLIANCE 7. The proposed addition requires a Variance due to the encroachment into the rear setbacks. The addition would be located between 17 and 20 feet from the rear property line, (50-foot rear setback is required). The existing shed in the rear setback also requires a Variance approval. 8. No grading or further disturbance is required. The lot has been graded previously and is 100% disturbed. ZC NO.819 • • 9. The lot is 44,875 square feet net for development purposes. The structural coverage of the net lot is proposed to be 9,073 square feet or 20.0%, excluding the water feature and sheds, which is the maximum permitted. 10. The primary driveway has permeable surface (pavers) and is therefore not counted towards total coverage. The "impervious surface" coverage per the City's Zoning ordinance, includes the structures and all other impervious surfaces. The maximum permitted impervious surface coverage is 35.0% excluding the permeable surface, the total impervious coverage is proposed at 34.8%. The applicants propose to remove several walkways to meet the 35% requirement. The existing impervious coverage is 35.6%. 11. The existing residential building pad is 23,016 square feet and will have coverage of 39.0%. Currently the coverage is 37.0%. Pursuant to the Zoning Ordinance, the building pad area includes the flat portion of the lot, not exceeding 10% in slope, and not located in setbacks, however, the building pad coverage calculation includes the structures located inside and outside the setbacks. 12. In response for justification for the Variance for encroachment the applicants' representative states that the majority of the development on the property is in setbacks, which were developed when there was no setback or coverage requirements. The master bath extension is necessary because it was constructed in 1956 and is in need of remodel and upgrading and the only logical direction for the addition is to the rear. He further states that the proposed addition will be compatible with the uses in the surrounding area and architecturally compatible with the existing residence. 13. It will be required that utility lines be placed underground. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 15. When reviewing the application the Planning Commission consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. ZC NO.819 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft.,/balanced on site. DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) a CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence and accessory structures Residence 3658 sq.ft. Entry 146 sq.ft. Garage 525 sq.ft. Stable 1297 sq.ft. Service yd 96 sq.ft. Pool 610 sq.ft. Pool equip. 42 sq.ft. Guest house 1369 sq.ft. Att.Trellis 685 sq.ft. Cov. Porches 148 sq.ft. Laundryroom 260 sq.ft. Water feature 154 sq.ft. TOTAL 8990 sq.ft 20%; with allowances 19% 35.6% 37.0% N/A 100% Existing Existing Existing N/A N/A CRITERIA FOR VARIANCES PROPOSED Addition that requires a Variance. Residence Entry Garage Stable Service Yd. Pool Pool eq. Guest house Att.Trellis Cov. Porches Laundryroom Water feature TOTAL 4155 sq.ft 146 sq.ft. 525 sq.ft 1297 sq.ft. 96 sq.ft 610 sq.ft. 42 sq.ft. 1369 sq.ft. 685 sq.ft. 148 sq.ft. 260 sq.ft. 154 sq.ft. 9487 sq.ft With allowances — 9,073 sq.ft. or 20% of 44,875 sq.ft. net lot area 34.8% of 44,875 sq.ft. net lot area 39.0% including all structures None 100% Existing Existing Existing Planning Commission review Planning Commission review 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; ZC NO. 819 • • C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance, the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 819 • THIS PAGE INTENTIONALLY LEFT BLANK • • THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. 2012-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH), (CLAESSENS). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Dominique Claessens with respect to real property located at 9 Portuguese Bend Road, Rolling Hills (Lot 74- RH) requesting a Variance to construct a 497 square foot addition, 155 square feet of which would encroach between 27 and 30 feet into the rear yard setback and to retain a 72 square foot shed in the rear setback. The majority of the existing residence, detached garage and stable and the entire guest house encroach into setbacks. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on June 19 and July 17, 2012 and in the field on June 26, 2012. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and her representative were in attendance at the hearings. Section 3. The property is zoned RAS-1 and is a corner lot. The property includes a 50-foot roadway easement along Portuguese Bend Road frontage and 30- foot roadway easement along Blackwater Canyon Road. The gross lot area is 73,747 square feet. The net lot area for development purposes is 44,875 square feet. The property is developed with a 3,658 square foot residence, 525 square foot free standing garage, 610 square foot swimming pool, 1,369 square feet guest house, 1,297 square foot stable, porches, a shed, playhouse, trellis, pool equipment area and service yard. No grading or further disturbance is required. The lot has been graded previously and is 100% disturbed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the Reso. 2012-14 1 9 Portuguese Bend Rd. • • owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.130 is required because it states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet from the property line and shall be unobstructed. The applicant is requesting a Variance to construct an addition of which 155 square feet would encroach into the rear 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure and the uses within it, prevent further expansion, except into the setback. In addition the proposed encroachment would be an infill of an existing trellis between the existing house and guest house. The Commission further finds that the configuration of the existing lot creates a hardship to improving the property, because the buildable area of the lot is in the rear. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The addition is to a bathroom, which was constructed with the original house in the 1940's and it needs updating. The property was developed and subdivided at a time where few regulations applied, and through the years additions were permitted to also encroach into the setbacks. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the rear setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow, and be behind, the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage meet the requirements of the City, although they are at the maximum permitted. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral exists on the site. The Planning Commission found that alternative design constitutes a hardship beyond the property owner's control. Reso. 2012-14 2 9 Portuguese Bend Rd. • • E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage meet the requirements of the City, although they are at the maximum permitted. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.130 is required because it states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet from the property line and shall be unobstructed. Section 17.16.030L allows sheds on the property and Section 17.16.200H states that sheds may not be located in setbacks. The applicant is requesting a Variance to retain a 72 square foot shed in the rear 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure and uses all of the structures are located in the rear and most encroach or wholly located in the rear setback. In addition the shed is considered a structure, which does not require building permits and therefore health and safety of residents or neighbors is not an issue. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent that has been used for many years without any complaints from neighbors. The property was developed and subdivided at a time where few regulations applied, and through the years additions were permitted to also encroach into the setbacks. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Retaining the shed in its current location would allow the remaining portion of the lot to remain undeveloped, would not be visible from any street or neighbors. The shed is not counted towards structural or total coverage of the lot, therefore it does not add the mass to the property. Reso. 2012-14 3 9 Portuguese Bend Rd. • • D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the shed is attractive and minimal in size and does not take away from the rural character of the community. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 819 to encroach with a 155 square foot addition into the rear setback and to retain a 72 square foot shed in the rear setback subject to the following conditions: A. The Variances approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variances that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Code, the Zoning Code, including, but not be limited to undergrounding of utility requirements, roof construction requirements and lighting requirements, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 26, 2012 except as otherwise provided in these conditions. E. The property on which the project is located contains a stable and corral, and shall remain on site. F. Utility lines serving subject residence shall be placed underground. G. In order to obtain the maximum permitted hardscape coverage, 371 square feet of a paved walkway is to be removed; and the remaining driveways and walkways depicted on the June 26, 2012 site plan as "permeable pavers set in sand" shall remain and may not be enlarged or paved. H. Structural lot coverage shall not exceed 9,073 square feet, which includes all structures, or 20.0% of the net lot area in conformance with lot coverage limitations. Reso. 2012-14 4 9 Portuguese Bend Rd. • • I. Total lot coverage of structures and paved areas shall not exceed 15,640 square feet or 34.8% in conformance with total lot coverage limitations, and may not be enlarged. J. The entire lot . has been previously disturbed, and is therefore legal nonconforming at 100% disturbance. K. Residential building pad coverage on the 23,016 square foot residential building pad shall not exceed 9,073 square feet or 39.4%. L. There shall be no grading for this project. M. Drainage system, if required, shall be designed in such a manner, as not to cross over any equestrian trails and water from the drainage system shall not be discharged onto adjacent properties. N. Perimeter easements, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, unless approved by Rolling Hills Community Association. O. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. P. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Q. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby roadway easements. R. The property owners shall be required to conform with the Regional Water Quality Control Board and Public Works Department Best Management Practices (BMP's) related to solid waste. S. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water away from the structure in an approved manner. Reso. 2012-14 9 Portuguese Bend Rd. • • T. This project shall comply with the City's Construction and Demolition Ordinance, where a minimum of 50% of the construction debris must be recycled and documentation provided to the Clty U. The applicant shall execute an Affidavit of Acceptance of all conditions of this application pursuant to Section 17.38.060, or the approval shall not be effective. V. All conditions of this Variances approval, that apply, must be complied with prior to the issuance of a building permit from the Building and Safety Department. W. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY 2012. BRAD CHELF, VICE CHAIRMAN By Jill V. Smith, Commissioner ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012- I4 6 9 Portuguese Bend Rd. • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2012-14 entitled: A RESOLUTION OF • THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH), (CLAESSENS). was approved and adopted at a regular meeting of the Planning Commission on July 17, 2012 by the following roll call vote: AYES: Commissioners Henke and Smith. NOES: Commissioner Mirsch. ABSENT: Chairman Pieper (recused) and Vice Chairman Chelf (excused). ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. ,11 (-WM tJ.1,1tc1) HEIDI LUCE DEPUTY CITY CLERK Reso.2012-14 7 9 Portuguese Bend Rd. MEMORANDUM TO RECUSE TO: Honorable Chairman and Members of the Planning Commission FROM: Heidi Luce, Deputy City Clerk SUBJECT: Zoning Case No. 819 - 9 Portuguese Bend Road DATE: July 17, 2012 Due to the proximity of his property to the subject property, Chairman Pieper should recuse himself from consideration of Zoning Case No. 819 at 9 Portuguese Bend Road. He may however, participate as a resident. TO: FROM: eiev Rotibt9 get& INCORPORATED JANUARY.-24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (31,0) 377-7288 Agenda Item No: 6C Mtg. Date: 07-17-12 HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE:. PUBLISHED: ZONING CASE NO. 819. CONSIDERATION OF A RESOLUTION OF APPROVAL 9 PORTUGUESE BEND ROAD (LOT 74-RH) RA-S-1, 1.69 ACRES GROSS MR. AND MRS. DOMINIQUE CLAESSENS WILLIAM HOWE CONSTRUCTION JUNE 7,.2012 JULY 5, 2012 REQUST AND RECOMMENDATION 1. The Planning Commission at the June 19, 2012 meeting directed staff to prepare a Resolution of Approval for this project, subject to notification and approval of a Variance to retain an existing shed in the rear setback. The. Vote was 4-0-1. Chairman Pieper is excused from deliberating in this case. It is recommended that the Planning Commission review the attached resolution and approve it. 2. At the field trip to the property held on June 19, 2012, the Planning Commission identified a shed structure in the rear yard setback, which was not shown on the plans. This triggered additional, public hearing for a Variance, which was property noticed in the Newspaper and mailed to residents within 1,000 foot radius of the property. 3. The property owners, Mr. and Mrs. Claessens, request a Variance to construct a 497 square foot addition to the house of which 155 square feet would encroach into the rear yard setback and a Variance to retain a shed located in the rear yard setback. 4. Attached for Commission consideration is a Resolution of approval with standard findings and facts and condition, including: ZC NO.819 v • Utility lines to be placed underground • Remove hardscape areas as shown on the plan to meet the maximum permitted total lot coverage of 35% ZC NO.819 RESOLUTION NO. 2012-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING VARIANCES. TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO- THE REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH), (CLAESSENS). THE PLANNING COMMISSION OF THE CITY OF ROLLING: HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed, by Mr. and Mrs. Dominique Claessens with respect to real property located at 9 Portuguese Bend Road, Rolling Hills (Lot 74- RH) requesting a Variance to construct a 497 square foot addition, .155 square feet of which would encroach between 27 and 30 feet into the rear yard setback and to retain a 72 square foot shed.in the rear setback. The majority of the existing residence, detached garage and stable and the entire guest house encroach into setbacks. Section 2. The Planning Commission conducted dulynoticed public hearings to consider the application at their regular meetings on June 19 and July 17, 2012 and in the field on June 26, 2012. The applicants were notified of the public hearings in writing by . first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant and her representative were in attendance at the hearings. Section 3. The property is zoned RAS-1 and is a corner lot. The property includes a 50-foot roadway easement along Portuguese Bend Road frontage and 30- foot roadway easement along Blackwater Canyon Road. The gross lot area is 73,747 square feet. The net lot area for development purposes is 44,875 square feet. The property is developed with a 3,658 square foot residence, 525 square foot free standing garage, 610 square foot swimming pool, 1,369 square feet guest house, 1,297 square foot stable, porches, a shed, playhouse, trellis, pool equipment area and service yard. No grading or further disturbance is required. The lot has been graded previously and is 100% disturbed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categoricallyexempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the Reso. 2012-14 9 Portuguese Bend Rd. • owner from making use of a parcel of property to the same extent enjoyed by similar properties inthe same vicinity. A Variance to Section 17.16.130 is required because it states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet from the property line and shall be unobstructed. The : applicant is requesting a Variance to construct an addition of which 155 square feet would encroach into the rear 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure and the uses within it; prevent further expansion, except into the setback. In addition the proposed encroachment would be an infill of an existing trellis between the existing house and guest house. The Commission further finds that the configuration of the existing lot creates a hardship to improving the property, because the buildable area of the lot is in the rear. - B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity, and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The addition is to a bathroom, which was constructed with the original house in the 1940's and it needs updating. The property was developed and subdivided at a time where few regulations applied, and through the years additions were permitted to also encroach into the setbacks. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the rear setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow, and be behind, the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage meet the requirements of the City, although they are at the maximum permitted. , D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observedin that the proposed addition will be- orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral exists on the site. The Planning Commission found that alternative design constitutes, a hardship beyond the property owner's control. Reso. 2012-14 2 9 Portuguese Bend Rd. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage meet the requirements of the City, although they are at the maximum permitted. Section 6. . Sections 17.38.010 through 17.38.050 of the Rolling. Hills Municipal Code permit approval of a . Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.130 is required because it states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet from the property line and shall be unobstructed. Section 17.16.030L allows sheds on the property and Section 17.16.200H states that sheds may not be located in setbacks. The applicant is requesting a Variance to, retain a 72 square foot shed in the rear setback. With respect to this request for a Variance, thee -Planning Commission finds as follows: A. There areexceptional and extraordinary circumstances and conditions applicable to this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure and uses all of the structures are located in the = rear- and most encroach or wholly: located in the rear setback. In additionthe shed is considered a structure, which does not require building permits and therefore health and safety of residents or neighbors is not an issue. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent that has been used for many years without any complaints from neighbors. The property was developed, and subdivided at a time where few regulations applied, and through the years additions were permitted to also encroach into the setbacks. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Retaining the shed in its current location would allow the remaining portion of the lot to remain undeveloped, would not be visible from any street or neighbors. The shed is not counted towards structural or total coverage of the lot, therefore it does not add the mass to the property. Reso. 20 i 2-14 9 Portuguese Bend Rd. • • D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the shed is attractive and minimal in size and does not take away from the rural character of the community. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 819 to encroach with a 155 square foot addition into the rear setback and to retain a 72 square foot shed in the rear setback subject to the following conditions: _ A. The Variances approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variances that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Code, the Zoning. Code, including, but not be limited to undergrounding of utility requirements, roof construction requirements and lighting requirements, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 26, 2012 except as otherwise provided in these conditions. E. The property on which the project is located contains a stable and corral, and shall remain on site. F. Utility lines serving subject residence shall be placed underground. G. In order to obtain the maximum permitted hardscape coverage, 371 square feet of a paved walkway is to be removed; and the remaining driveways and walkways depicted on the June 26, 2012 site plan as"permeable pavers set in sand" shall remain and may not be enlarged or paved. H. Structural lot coverage shall not exceed 9,073 square feet, which includes all structures, or 20.0% of the net lot area in conformance with lot coverage limitations. Reso.2012-14 9 Portuguese Bend Rd. • I. Total lot coverage of structures and paved areas shall not exceed 15,640 square feet or.34.8%.in conformance with total. lot coverage limitations, and may not be enlarged. J. The entire lot has been previously disturbed, and is therefore legal nonconforming at 100% disturbance. K. Residential building pad coverage on the- 23,016 square foot residential building pad shall not exceed 9;073 square feet or 39.4%. L. Thereshall be no grading for this project. M. • Drainage system, if required, shall be designed in such a manner, as not to cross over any equestrian trails and water from the drainage system shall not be discharged onto adjacent properties. N. Perimeter easements, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, ..landscaping, irrigation and drainage devices, . play equipment, parked vehicles, building materials; debris and ,equipment, . unless approved by Rolling Hills Community Association. O. During construction, conformance with the stormwater pollution prevention practices, ..County and local ordinances and engineering practices so .that people or property are not exposed to undue vehicle trips, noise,dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. P. . During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and .6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. Q. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby roadway easements. R. The property owners shall be required to conform with the Regional Water Quality Control Board and Public Works Department Best Management Practices (BMP's) related to solid waste. S. During and afterconstruction, all soil preparation, drainage, and landscape sprinklers shall protect thebuilding pad from erosion and direct surface water away from the structure in an approved manner. Reso. 2012- 14 9 Portuguese Bend Rd. • • T. This project shall ;comply with the City's Construction and Demolition Ordinance, where a minimum of 50% of the construction debris must be recycled and documentation provided to the Clty U. • . The applicant shall execute an Affidavit of Acceptance of all conditions of this application pursuant to Section 17.38.060,. or the approval shall not be effective. V. All conditions of this Variances approval, that apply; must be complied with prior to the issuance of a building permit from the Building and Safety Department. W. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY 2012. BRAD CHELF, VICE CHAIRMAN ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso.2012-I4 9.Portuguese Bend Rd. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) ) §§ I certify that the foregoing Resolution No. 2012-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING .HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION. OF AN . ADDITION; A .PORTION OF WHICH WOULD ENCROACH INTO THE . REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK 1N ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH),. (CLAESSENS). was approved and adopted at a regular meeting of the Planning Commission on July 17, 2012 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. 2012-14 9 Portuguese Bend Rd. MEMORANDUM TO RECUSE TO: Honorable Chairman and Members of the Planning Commission FROM: Heidi Luce, Deputy City Clerk SUBJECT: Zoning Case No. 819 - 9 Portuguese Bend Road DATE: June 19, 2012 Due to the proximity of his property to the subject property, Chairman Pieper should recuse himself from consideration of Zoning Case No. 819 at 9 Portuguese Bend Road. He may however, take a seat in the audience and participate as a resident. TO: FROM: • eav Rai, qieid INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No: 7A Mtg. Date: 6-19-12 HONORABLE CHAIRMAN . AND MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 819 9 PORTUGUESE BEND ROAD (LOT 74-RH) RA-S-1, 1.69 ACRES GROSS MR. AND MRS. DOMINIQUE CLAESSENS WILLIAM HOWE CONSTRUCTION JUNE 7, 2012 REQUST AND RECOMMENDATION 1. The property owners, Mr. and Mrs. Claessens, request a Variance to construct a 497 square feet addition of which 155 square feet would encroach into the rear yard setback. A 342 square foot addition is also proposed at the front of the residence, which is outside of setbacks and can be approved administratively. It is recommended that the Planning Commission review the staff report, take public testimony, schedule a field trip or provide other direction to staff. BACKGROUND 2. The property is zoned RAS-1 and is a corner lot. The property includes a 50-foot roadway easement along Portuguese Bend Road frontage and 30-foot roadway easement along Blackwater Canyon Road. The gross lot area is 73,747 square feet. The net lot area for development purposes is 44,875 square feet. The property is .developed with a 3,658 square foot residence, 525 square foot free standing garage, 610 square foot swimming pool, 1,369 square feet guest house, 1,297 square foot stable, porches, a shed, playhouse, trellis, pool equipment area and service yard. 3. There are no records on file when the house was constructed. However, there are building permits dated between 1955 and 1965 showing the construction of several ZC NO. 819 • w • additions, construction of a detached garage, laundry room and stable and in 1962 a Variance was granted for an addition to a previously existed recreation room, which later in the building permits is referred to as guest house. The swimming pool was constructed in 1975. Recently, an over-the-counter approval was granted to remodel the existing guest house and re -roof all structures. 4. All of the existing structures encroach into the rear and side setbacks, and all but one shed, are legal non -conforming. The shed in the side setback must be demolished or relocated and the playhouse in the rear setback may remain, as the City does not regulate play equipment, forts or playhouses of less than 120 square feet. MUNICIPAL CODE COMPLIANCE 5. The proposed addition requires a Variance due to the encroachment into the rear setbacks. The addition would be located between 17 and 20 feet from the rear property line, (50-foot rear setback is required). 6. No grading or further disturbance is required. The lot has been graded previously and is 100% disturbed. 7. The lot is 44,875 square feet net for development purposes. The structural coverage of the net lot is proposed to be 9,073 square feet or 20.0%, excluding the water feature and sheds, which is the maximum permitted. 8. The primary driveway has permeable surface (pavers) and is therefore not counted towards total coverage. The "impervious surface" coverage per the City's Zoning ordinance, includes the structures and all other impervious surfaces. The maximum permitted impervious surface coverage is 35.0% Excluding the permeable surface, the total impervious coverage is proposed at 34.8%. The applicants propose to remove several walkways to meet the 35% requirement. The existing impervious coverage is 35.6%. 9. The existing residential building pad is 23,016 square feet and will have coverage of 39.0%. Currently the coverage is 37.0%. Pursuant to the Zoning Ordinance, the building pad area includes the flat portion of the lot, not exceeding 10% in slope, and not located in setbacks, however, the building pad coverage calculation includes the structures located inside and outside the setbacks. 10. In response for justification for the Variance for encroachment the applicants' representative states that the majority of the development on the property is in setbacks, which were developed when there were no setback or coverage requirements. The master bath extension is necessary because it was constructed in 1956 and is in need of remodel and upgrading and the only logical direction for the addition is to the rear. He further ZC NO. 819 states that the proposed addition will be compatible with the uses in the surrounding area and architecturally compatible with the existing residence. 11. It will be required that utility lines be placed underground. 12. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 13. When reviewing the application the Planning Commission must consider whether the proposed project is consistent with the City's General Plan; incorporates environmentally and aesthetically sensitive grading practices; preserves existing mature vegetation; is compatible and consistent with the scale, massing and development pattern in the immediate project vicinity; and otherwise preserves and protects the health, safety and welfare of the citizens of Rolling Hills, and whether it meets the criteria for granting of a Variance. SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) ZC NO.819 EXISTING Single family residence and accessory structures Residence 3658 sq.ft. Entry 146 sq.ft. Garage 525 sq.ft. Stable 1297 sq.ft. Service yd 96 sq.ft. Pool 610 sq.ft. Pool equip. 42 sq.ft. Guest house 1369 sq.ft. Att.Trellis 685 sq.ft. Cov. Porches 148 sq.ft. Laundryroom 260 sq.ft. Water feature 154 sq.ft. TOTAL 8990 sq.ft 20%; with allowances 19% 35.6% 37.0% PROPOSED Addition that requires a Variance. Residence Entry Garage Stable Service Yd. Pool Pool eq. Guest house Att.Trellis Cov. Porches Laundryroom. Water feature TOTAL 4155 sq.ft 146 sq.ft. 525 sq.ft 1297 sq.ft. 96 sq.ft 610 sq.ft. 42 sq.ft. 1369 sq.ft. 685 sq.ft. 148 sq.ft. 260 sq.ft. 154 sq.ft. 9487 sq.ft With allowances - 9,073 sq.ft. or 20% of 44,875 sq.ft. net lot area 34.8% of 44,875 sq.ft. net lot area 39.0% including all structures GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft.,/balanced on site. DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) a CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS N/A 100% Existing Existing Existing N/A N/A CRITERIA FOR VARIANCES None 100% Existing Existing Existing Planning Commission review Planning Commission review 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; D. That in granting the variance; the spirit and intent of this title will be observed; E. That the variance does not grant special privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the general plan of the City of Rolling Hills. SOURCE: City of Rolling Hills Zoning Ordinance ZC NO. 819