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737, Build addition within the fron, Resolutions & Approval ConditionsRESOLUTION NO. 2009-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED VARIANCE TO CONSTRUCT AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE SETBACKS IN ZONING CASE NO. 737 AT 9 CABALLEROS ROAD, (LOT 32- SK), (SCARBORO). THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Jerry Scarboro, property owner, with respect to real property located at 9 Caballeros, (Lot 32-SK), Rolling Hills, CA requesting a two-year time extension for a previously approved Variance to construct an addition to an existing single family residence, a portion of which would encroach into the front and side setbacks in Zoning Case No. 737. The project was approved by Resolution No. 2007-19 on November 20, 2007. Section 2. The Planning Commission considered this item at a meeting on October 20, 2009 at which time information was presented indicating that additional time is needed to commence construction. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 6 of Resolution No. 2007-19, dated November 20, 2007 to read as follows: "A. The Variance approval shall expire within four years from the effective date of approval if work has not commenced as defined in Section 17.38.070 of the Zoning Ordinance. No further extension shall be granted. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2007-19 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF OCTOBER 2009. ATTEST: LOREN DEROY, CHAIRPE HEIDI LUCE, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2009-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A TWO-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED VARIANCE TO CONSTRUCT AN ADDITION A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT AND SIDE SETBACKS IN ZONING CASE NO. 737 AT 9 CABALLEROS ROAD, (LOT 32- SK), (SCARBORO). was approved and adopted at a regular meeting of the Planning Commission on October 20, 2009 by the following roll call vote: AYES: Commissioners Pieper, Witte, Henke, Smith and Chariperson DeRoy. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Qktatitta) DEPUTY CITY CLERK RESOLUTION NO. 2007-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, WHICH WOULD ENCROACH INTO THE FRONT AND SIDE SETBACKS AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 737, AT 9 CABALLEROS ROAD, (LOT 27-SF), (SCARBORO). 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. Jerry Scarboro with respect to real property located at 9 Caballeros Road, Rolling Hills (Lot 27-SF) requesting a Variance to construct a 866 square foot addition, 467 square feet of which would encroach into the front and side setbacks. The side setback area is already used as service yard and a portion will be endosed for a garage. When completed, the residence will be 3,075 square feet with a 779 square foot garage. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on April 17, May 15, September 18, October 16, 2007 and at field trips on May 15 and October 16, 2007. 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 and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. Section 3. During the review process the Planning Commission expressed concerns over the addition in the front of the residence, which would entirely eliminate a porch from the residence. As a result of the Commissioners' concerns the applicant reduced the scope of the project and is proposing to retain a portion of the existing porch. 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 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 17.16.060 is required because it states that every lot in the RAS-2 zone shall have a front setback of not less than 50 feet from the roadway easement and side yard setback 35 feet from the property line. The applicant is requesting a Variance to construct 866 square feet of addition to the existing residence, which would encroach up to 25 feet into the front setback and 12 feet into the side setback. The service yard is currently located in the side yard and Reso. 2007-19 Scarboro 1 front yard setback area and a portion will be enclosed for a garage. With respect to this request fora 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, which encroaches into the front and side setbacks, prevent further expansion, except into the setbacks In addition the proposed encroachment would be an infill under existing eaves between the existing house and garage. The Commission further finds that the configuration of the existing lot, which is over 720 feet deep but only 153 feet wide in the RAS-2 Zone creates a hardship to improving the property. The required side yard setbacks (35-feet on each side) take up almost 46% of the width of the lot, which further restricts development. 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. Most properties along Caballeros Road were developed at a time when the requirement for the front setback was thirty feet from the roadway easement ands not fifty feet, as currently required. Therefore, most properties encroach into the front setback. The Variance will permit the development of the property in a manner consistent with surrounding properties and the encroachment will follow the line of the current encroachment. 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 front and side setbacks would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. 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. A portion of the front porch will remain unaltered and no grading will be necessary. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. The Planning Commission found that alternative design would require substantial grading, which would greatly alter the natural land form of the property. It would also require the filling in of an existing swimming pool, which would further alter the terrain as the dirt would have to be taken from other parts of the property would result in the need to relocate the septic tank. The Planning Commission found that these actions constitute a hardship beyond the property owner's control. 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 Reso. 2007-19 Scarboro 2 requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance in Zoning Case No. 737 to encroach up to 12 feet into the side setback and up to 25 feet into the front setback with an addition, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, induding, 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 October 6, 2007 except as otherwise provided in these conditions. E. The property on which the project is located contains an adequate stable and corral, and shall remain on site and shall not be converted to other uses, which are not allowed by the City. F. The property owners shall comply with the requirements of the Lighting Ordinance of the City of Rolling Hills, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. The entire driveway to the property shall be replaced with a driveway consisting of pervious material, such as "Grass Crete" or similar in nature. J. Structural lot coverage shall not exceed 5,575 square feet or 7.0% in conformance with lot coverage limitations. Reso. 2007-19 Scarboro 3 K. Total lot coverage of structures and paved areas shall not exceed 8,549 square feet or 10.7% in conformance with total lot coverage limitations. L. The disturbed area of the lot shall not exceed 27,811 square feet or 35.0% in conformance with disturbed area limitations. M. Residential building pad coverage on the 5,824 square foot residential building pad shall not exceed 4,514 square feet or 77.5%, not including the covered porch; coverage on the 960 square foot existing stable pad shall not exceed 90.0%. N. There shall be no grading for this project. O. This project shall be reviewed and approved by RHCA. The City does not approve or recommend the design or any architectural features of the proposed addition. City staff and / or the Planning Commission shall review any deviations to this project that the RHCA may recommend or require, which would trigger grading or change in the development standards herein approved. P. Should the County Building and Safety Department require an above ground drainage system, the system 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 a trail or adjacent properties. The system shall incorporate earth tone colors, including in the design of the dissipater and shall be adequate in size to discharge in a sheet flow manner and be screened from any trail and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Q. Perimeter easements and trails, induding 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, except that the Rolling Hills Community Association may approve certain encroachments. R. The side property lines, easement lines and setback lines in the area of the construction shall be staked during the entire process of construction. S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. T. Should new landscaping be introduced for this project, the landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray. Further, landscaping shall be designed using mature trees and shrubs so as to screen the residence but not to obstruct views of neighboring properties. Any new trees and Reso. 2007-19 Scarboro 4 shrubs planned to be introduced in conjunction with this project shall, at maturity, not be higher than the ridge height of the residence, and shall comply with the Fire Department requirements for clearance of brush in proximity to structures. U. 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. V. 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. W. 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. X. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. Y. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. Z. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. AA. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. AB. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. AC. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance pursuant to Section 17.38.060, or the approval shall not be effective. AD. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AE. 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. Reso. 2007-19 Scarboro 5 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF NOVEMBER 2007. ROGER SOItvIMER CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2007-19 Scarboro 6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2007-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, WHICH WOULD ENCROACH INTO THE FRONT AND SIDE SETBACKS AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 737, AT 9 CABALLEROS ROAD, (LOT 27-SF), (SCARBORO). was approved and adopted at a regular meeting of the Planning Commission on November 20, 2007 by the following roll call vote: AYES: Commissioners DeRoy, Smith, Witte and Chairman Sommer. NOES: None. ABSENT: Commissioner Henke. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso.2007-19 7 Scarboro