Loading...
737, Build addition within the fron, Staff Reports• • city w /e eiti., INCORPORATED JANUARY 24, 1957 50TH ANNIVERSARY 1957 — 2007 DATE: NOVEMBER 26, 2007 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Agenda Item No.: 4B Mtg. Date: 11/26/07 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION: 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). RECOMMENDATION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. BACKGROUND 2. The Planning Commission adopted Resolution No. 2007-19, which is attached, on November 20, 2007 at the regular meeting granting approval in Zoning Case No. 737. The vote was unanimous. 3. The applicants request a Variance to construct an 866 square foot addition, of which 467 square feet would encroach into the front and side yard setbacks at an existing single family residence. 4. The proposal calls for a Variance for up to 25-foot front setback encroachment along the current line of encroachment of the porch and residence and between 4 to 12 foot encroachment into the south side yard setback and to retain the service yard in the side yard setback. 162 square feet of the existing 295 square foot front porch is proposed to be enclosed as part of the addition. 5. During the Planning Commission review process, Commissioners expressed concerns over the proposed enclosure of the entire porch. In response to ZC No. 737 Scarboro 1 Printed on Recycled Paper A ID • Commissions' concerns, the applicant revised the project and is proposing to enclose 162 square feet of the porch and reduced the project from 999 square feet to 866 square feet 6. The Planning Commission deliberated the exceedance of the residential building pad coverage. The residential pad is that area of the lot that is outside of setbacks and has an average slope of 10% or less. The Planning Commission directed staff to provide calculations of the residential pad coverage if the entire flat area, including setbacks were included in the pad area. Staff provided the following scenarios. AS CURRENTLY CALCULATED: Residential building pad, not including setbacks - 5,824 sq. ft. with structural coverage of 4,514 sq. ft. is proposed at 77.5%. Residential building pad including front and side setback areas, but excluding easements —14,864 sq.ft. Coverage on this pad would be 30.4% Residential building pad including the area where the residence encroaches into the front setback — 8,324 sq.ft. Coverage on this pad would be 54.2%. 7. The property is zoned RAS=2 and consists of 2.26 acres gross (98,445 square feet). The net lot area for development purposes is 79,460 square feet. The lot has 153 feet of frontage along the roadway easement and is over 720 feet deep. The 35- foot required side yard setbacks take up 46% of the width of the lot. There are 10- foot easements along the side property lines and a 25-foot easement along the rear of the property. A bridle trail traverses the rear of the lot. 8. Currently, the property is developed with 2,388 square foot residence, 295 square foot covered porch, 600 square foot garage, 510 square foot swimming pool, 54 square foot pool equipment, 864 square foot stable, shed and a service yard. Over half of the existing residence and garage encroach up to 25 feet into the 50- foot front yard setback and approximately 20 square feet encroaches between 10 and 18 feet into the 35-foot side yard setback. 9. In 1990, a substantial addition, (4,711 sq.ft.), that would double the size of the house and would add to the encroachment into setbacks was approved, but was not constructed. The proposal required that the pool be filled in and relocated. 10. Since 1990 several Variances were granted to the applicant for construction of walls in setbacks and for grading and for importation of soil. In addition, over - the counter approvals were granted to construct walking paths and to fill in fissures for erosion control at the lower portion of the lot, including around a drainpipe that the applicant installed to prevent erosion of the trail. MUNICIPAL CODE COMPLIANCE 11. The proposed 866 square foot addition includes enclosing of 162 square feet of the existing 295 square foot front porch along the line of the encroachment of the existing residence, and will encroach up to 25 feet into the front setback. The 192 ZC No. 737 2 Scarboro • • square foot garage additionwould encroach additional 8 feet into the front yard setback, along the line of the existing encroachment. The closest point of the adjacent residence at 1 Maverick Lane would be 38 feet from the proposed addition. 12. An 864 square foot stable with corral exist on the lot, meeting the City's requirement for a stable and corral. Access to the stable is provided along the south easement of the property. 13. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected as the property drains to the rear. The drainage facilities are already in place. 14. A portion of the service yard is currently located in the side yard setback and it will remain in the setback. 15. The existing driveway and driveway approach from Caballeros will remain. The double driveway is a legal nonconforming condition, and existed prior to City's requirement that a double driveway be subject to a Conditional Use Permit. The Planning Commission placed a condition on the development that the driveway be replaced and a decorative pervious surface, such as Grass Crete be utilized. 16. The net lot area of the lot is 79,460 square feet. The structural lot coverage proposed is 5,575 square feet or 7.0% of the net lot area; excluding the 64 square foot shed the structural coverage is proposed at 6.9%. The total lot coverage proposed, including structures and flatwork is 8,549 square feet or 10.7% of the net lot area, (35% permitted). 17. There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad, not in setbacks, is 5,824 square feet and will have coverage of 4,514 square feet or 77.5%. Currently, the building pad coverage is 66.9%. The stable pad is 960 square feet with coverage of 90.0%. The combined building pads coverage is proposed at 80.3% 18. The disturbed area of the lot is 27,811 square feet or 35.0% of the net lot area, which includes the areas of the previously approved walls and the area of the repairs near the trail. 19. In response for justification for the Variance request for the encroachment with the addition into the front and side setbacks, the applicant's representative stated in part that "most of the buildable area lie within the front and side setbacks. The configuration of the property dictates the buildable area to be extremely narrow with the side yard setbacks taking 70 feet away from the buildable area. The lot is developed in such a way that the existing structure already encroaches into the setbacks and there is no other area for any additions". ZC No. 737 Scarboro • • 20. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. CONCLUSION 21. The application calls for an addition, of which 467 square feet would encroach into the front and side yard setbacks. The encroachment is proposed to be along the line of the existing front encroachment, 25-foot into the required 50- foot front setback, and between 4-12 feet into the 35-foot south side yard setback. 22. A Variance for encroachment would not be required, if the applicant constructed an addition to the rear of the residence, including a tandem garage space, if more garage space is necessary. However, a pool is located in the rear of the residence and it would have to be filled in, which would require import of dirt. 23. The Planning Commission must find that the application meets the criteria for granting of a Variance for encroachment. The Planning Commission must find that the structural addition, which adds to the habitable space, not the design warrants or not warrants a Variance. 24. The residence and the existing porch encroach up to 25 feet into the front setback. The driveway takes up a large portion of the remaining area of the front setback. To soften the appearance of the driveway, the Commission imposed a requirement that the driveway have a "Grass Crete" like surface. 25. The Goals and Policies of the Land Use Element of the General Plan that would be applicable to this application were considered by the Planning Commission and include City's desire to "maintain Rolling Hills' distinctive rural residential character, to accommodate development which is compatible with and complements existing land uses, to maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses and require that development conform with the City's existing low -profile, ranch style architecture". After deliberation the Commission found that the proposed development substantially conforms to these goals and that there exists considerable hardship on the property to warrant a variance. OTHER AGENCIES REVIEW 26. The Rolling Hills Community Association Architectural Committee will review the project for architectural elements and design at a later date and will consider whether the elimination of part of the porch would change the ranch style character of the residence. 27. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC No. 737 Scarboro J ZONING CASE NO. 737 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) STABLE COMBINED 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., must be balanced on site DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft�and CORRAL (minimum 550 sa. f EXISTING Single family residence, which encroaches into the front & side yard setbacks PROPOSED IN MAY 2007 Variance for addition that would encroach into the front & side yard setbacks Residence 2388 sq.ft. Residence 3208 sq.ft Garage 600 sq.ft Garage 779 sq.ft Stable 864 sq.ft. Stable 864 sq.ft. Service yd 286 sq.ft. Service Yd. 96 sq.ft Pool 510 sq.ft. Porches 50 sq.ft. Pool equip. 54 sq.ft. Pool 510 sq.ft. Coy. porch 295 sq.ft. Pool eq. 54 sq.ft. Shed 64 sq.ft. Shed 64 sq.ft. TOTAL 5,061 sq.ft 5,625 sq.ft TOTAL 7.1% of 79,460 sq.ft. net lot area 7.0% w/o shed 10.6% 10.8% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed -but will be replaced with structure) 80.9% of 5,824 sq.ft. 66.9 % residential building pad not inc. porch 6.4% (with shed) 6.3% w/o shed 90.0% N/A 35.0% Existing 90.0% 82.2% None 35.0% Existing CURRENTLY PROPOSED Variance for addition that would encroach into the front & side yard setbacks Residence 3075 sq.ft. Garage 779 sq.ft. Stable 864 sq.ft. Service Yd. 96 sq.ft. Porches 133 sq.ft. Pool 510 sq.ft. Pool eq. 54 sq.ft. Shed 64 sq.ft. TOTAL 5,575 sq.ft. 7.0% of 79,460 sq.ft. net lot area 6.9% w/o shed 10.7% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed -but will be replaced with structure) 77.5% of 5,824 sq.ft. residential building pad not inc. porch 90.0% 80.3% None 35.0% Existing Existing ZC No. 737 Scarboro STABLE ACCESS Existing ACCESSWAY Existing from Caballeros VIEWS N/A PLANTS AND ANIMALS N/A Existing Existing from Caballeros Planning Commission review Planning Commission review ADJACENT PROPERTIES: FOR INFORMATION ONLY ADDRESS I 1 Maverick I 7 Caballeros I 5 Caballeros 6 Caballeros 11 Caballeros 8 Caballeros 9 Caballeros OWNER Mirsaidi Kwon Margeta Mabry Inman Moen Average Scarboro RESIDENCE 3081 4428* 2304 4316* 4352* 4066 3758 2,388 Existing 3,075 Proposed Existing Existing from Caballeros Planning Commission condition Planning Commission coniditionl LOT AREA** 104,762 90,082 85,380 43,604 54,477 43604 70,318 94,830 SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements BUILD/ ADDED OR REMODELED 1954/1964 1957/ 1968/ 1999 1958 1956/2007 1968/ 1971 /2004 1990 1961 ZC No. 737 Scarboro 6 CRITERIA FOR VARIANCES 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. 737 Scarboro • • 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 SE'I BACKS 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 enclosed 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 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, 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, 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 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 3 Scarboro • • 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, 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, 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 (3 • • 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 • • PASSED, APPROVED AND ADOPTED THIS 20th DAY OF NOVEMBER 2007. / s / Roger Sommer ROGER SOMMER CHAIRMAN ATTEST: Is! Marilyn Kern MARILYN KERN, DEPUTY CITY CLERK Reso. 2007-19 Scarboro I 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. /s/ Marilyn Kern DEPUTY CITY CLERK Reso. 2007-19 Scarboro 7 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • 0�l2llne INCORPORATED JANUARY. 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 NOVEMBER 20, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: RECOMMENDATION ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 It is recommended that the Planning Commission adopt Resolution No. 2007-19, attached. BACKGROUND 1. At the October 16, 2007 meeting, the Planning Commission directed staff to prepare a Resolution of approval for this project. The vote was unanimous. 2. In addition to the standard conditions of approval and findings of facts, conditions are included to require that the entire driveway be replaced with "Grass Crete" or similar pervious material and that any future development on the property must be reviewed and approved by the Planning Commission. ® Printed on Recycled Paper 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 enclosed 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 • • front yard setback area and a portion will be enclosed for a garage. 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, 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 thong 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 • 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, 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 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 40 • • 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 e • • PASSED, APPROVED AND ADOPTED THIS 20th DAY OF NOVEMBER 2007. ROGER SOMMER 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. 2007-19 Scarboro 7 • �a 06 Rai, geeea INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: REQUEST FOR A TWO-YEAR TIME EXTENSION TO COMMENCE CONSTRUCTION OF AN ADDITION APPROVED IN ZONING CASE NO. 737 AT 9 CABALLEROS ROAD, (LOT 32- SK), SCARBORO. DATE: OCTOBER 20, 2009 RECOMMENDATION It is recommended that the Planning Commission consider the request for a time extension to commence construction of a previously approved addition at this address and adopt Resolution No. 2009-10 granting the request. BACKGROUND Attached is a request from Mr. Jerry Scarboro, property owner, requesting a two-year time extension to commence construction of the previously approved addition in Zoning Case No. 737. The Planning Commission approved this project on November 20, 2007 by Resolution No. 2007-19. The project consisted of an 866 square foot addition, a portion of which would encroach into the front and side setbacks. The applicants state that due to the current economic environment, he is unable to start the project. If the request for extension is approved, the approval will expire on December 20, 2011. Pursuant to Section 17.46.070 of the Zoning Ordinance, approvals are valid for two years from the effective date of a resolution of approval. The effective date of approval is 30-days from the Planning Commission's adoption of the resolution, unless the project is appealed. The Planning Commission may extend the approval for up to two years. -1- • September 4, 2009 Yolanta Schwartz Planning Director City of Rolling Hills Rolling Hills, CA90274 RECE, VED SEP 0 8 200 j B`JCity of Roiling Hilts Subject: ZONING CASE NO.737, Addition Dear Yolanta, We are requesting an extension of the approvals for two years. The reason for the delay in construction is the current economic environment. Enclosed is the check of $200 filing fee for the time extension. Sincerely, Jer and Linda Scarboro 9 Caballeros Road Rolling Hills CA 90274 • RESOLUTION 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. LOREN DEROY, CHAIRPERSON HEIDI LUCE, DEPUTY CITY CLERK ATTEST: • 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK p1 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: i eitv NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 OCTOBER 16, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 REQUEST AND RECOMMENDATION 1. The applicants request a Variance to construct an 866 square foot addition, of which 467 square feet would encroach into the front and side yard setbacks at an existing single family residence. 2. The proposal calls for a Variance for up to 25-foot front setback encroachment along the current line of encroachment of the porch and residence and between 4 to 12 foot encroachment into the south side yard setback and to retain the service yard in the side yard setback. 162 square feet of the existing 295 square foot front porch is proposed to be enclosed as part of the addition. 3. It is recommended that the Planning Commission view the project, review the staff report, consider the criteria for granting variances and take public testimony. BACKGROUND 4. The Commission scheduled a field visit to the property for today. 5. Previously, the Planning Commission reviewed this case at their regular meeting in April and May and at a field trip on May 15, 2007 and recommended that the applicants revise the project and provide additional information on the roofline, location of the service yard, drainage and reconsider enclosing the porch. The applicants submitted a revised proposal for Commission's consideration at the September meeting. The proposal calls for enclosing 162 square feet of the porch, (previously the entire porch) and for a total addition of 866 square feet (previously 999 s.f.). ZC No. 737 Scarboro Printed on Recycled Pope! • • 6. At the September meeting the Planning Commission directed staff to provide calculations of the residential pad coverage if the entire flat area, including setbacks were included in the pad area. AS CURRENTLY CALCULATED: Residential building pad, not including setbacks - 5,824 sq. ft. with structural coverage of 4,514 sq. ft. is proposed at 77.5%. Residential building pad including front and side setback areas, but excluding easements —14,864 sq.ft.. Coverage on this pad would be 30.4% Residential building pad including ONLY the front setback, up to roadway easement —11,024 sq.ft. Coverage on this pad would be 40.9%. Residential building pad including only the area where the residence encroaches into the front setback — 8,324 sq.ft. Coverage would be 54.2%. 7. The property is zoned RAS-2 and consists of 2.26 acres gross (98,445 square feet). The net lot area for development purposes is 79,460 square feet. The lot has 153 feet of frontage along the roadway easement and is over 720 feet deep. The 35- foot required side yard setbacks take up 46% of the width of the lot. There are 10- foot easements along the side property lines and a 25-foot easement along the rear of the property. A bridle trail traverses the rear of the lot. 8. Currently, the property is developed with 2,388 square foot residence, 295 square foot covered porch, 600 square foot garage, 510 square foot swimming pool, 54 square foot pool equipment, 864 square foot stable, shed and a service yard. Over half of the existing residence and garage encroach up to 25 feet into the 50- foot front yard setback and approximately 20 square feet encroaches between 10 and 18 feet into the 35-foot side yard setbacks. 9. In 1990, a substantial addition, (4,711 sq.ft.), that would double the size of the house and would add to the encroachment into setbacks was approved, but was not constructed. The proposal required that the pool be filled in and relocated. 10. Since 1990 several Variances were granted to the applicant for construction of walls in setbacks and for grading and for importation of soil. In addition, over - the counter approvals were granted to construct walking paths and to fill in fissures for erosion control at the lower portion of the lot, including around a drainpipe that the applicant installed to prevent erosion of the trail. MUNICIPAL CODE COMPLIANCE 11. The proposed 866 square foot addition includes enclosing of 162 square feet of the existing 295 square foot front porch along the line of the encroachment of the existing residence, and will encroach up to 25 feet into the front setback. The 192 square foot garage addition would encroach additional 8 feet into the front yard setback, along the line of the existing encroachment. The service yard would encroach into the south side yard setback and be located to the side of the garage ZC No. 737 Scarboro 2 • addition. The closest point of the adjacent residence at 1 Maverick Lane would be 38 feet from the proposed addition. 12. An 864 square foot stable with corral exist on the lot, meeting the City's requirement for a stable and corral. Access to the stable is provided along the south easement of the property. 13. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected as the property drains to the rear. To improve the drainage, the applicant proposes to construct area drains, catch basins around the structures and a dissipater one third way down the property. The dissipater will not affect the trail. 14. A portion of the service yard is currently located in the side yard setback and it will remain in the setback. 15. The existing driveway and driveway approach from Caballeros will remain. The double driveway is a legal nonconforming condition, and existed prior to City's requirement that a double driveway be subject to a Conditional Use Permit. The driveway currently covers 18.7% of the front setback. Pursuant to the Zoning Ordinance, a driveway may not cover more than 20% of the setback in which it is located. The existing driveway is proposed to be widened at the garage addition. With this new driveway addition, 19.99% of the front setback will consist of the driveway. Staff recommended and the applicant agreed that the driveway addition be constructed of pervious material, such as Grass -Crete. 16. The net lot area of the lot is 79,460 square feet. The structural lot coverage proposed is 5,575 square feet or 7.0% of the net lot area; excluding the 64 square foot shed the structural coverage is proposed at 6.9%. The total lot coverage proposed, including structures and flatwork is 8,549 square feet or 10.7% of the net lot area, (35% permitted). 17. There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad, not in setbacks, is 5,824 square feet and will have coverage of 4,514 square feet or 77.5%. Currently, the building pad coverage is 66.9%. The stable pad is 960 square feet with coverage of 90.0%. The combined building pads coverage is proposed at 80.3% 18. The disturbed area of the lot is 27,811 square feet or 35.0% of the net lot area, which includes the areas of the previously approved walls and the area of the repairs near the trail. 19. In response for justification for the Variance request for the encroachment with the addition into the front and side setbacks, the applicant's representative states in part that "Most of the buildable area lie within the front and side setbacks. The configuration of the property dictates the buildable area to be extremely narrow with the side yard setbacks taking 70 feet away from the buildable area. The lot is developed in such a way that the existing structure already encroaches into the setbacks and there is no other area for addition". ZC No. 737 Scarboro 3 ti 20. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. CONCLUSION 21. The application calls for an addition, of which 467 square feet would encroach into the front and side yard setbacks. The encroachment is proposed to be along the line of the existing front encroachment, 25-foot into the required 50- foot front setback, and between 4-12 feet into the 35-foot south side yard setback. 22. A Variance for encroachment would not be required, if the applicant constructed an addition to the rear of the residence, including a tandem garage space, if more garage space is needed. However, a pool is located in the rear of the residence and it would have to be filled in, which would require import of dirt. 23. The Planning Commission must find that the application meets the criteria for granting of a Variance for encroachment. 24. The residence and the existing porch encroach up to 25 feet into the front setback. The driveway takes up a large portion of the remaining area of the front setback. To soften the appearance of the driveway, the Commission could consider a requirement that the applicant either remove part of the south driveway approach and landscape the area, or install a decorative or impervious surface on a portion of the existing driveway, to match the impervious surface required for the driveway addition by the new garage. 25. Some of the Goals and Policies of the Land Use Element of the General Plan that would be applicable to this application and should be considered by the Planning Commission include City's desire to "maintain Rolling Hills' distinctive rural residential character". Another goal is for the City "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses" and" require that development conform with the City's existing low -profile, ranch style architecture". 26. The Architectural Committee will consider whether the elimination of part of the porch would change the ranch style character of the residence. The applicant has revised his plans, per Commission suggestion, and is proposing to enclose only a portion of the porch. OTHER AGENCIES REVIEW 27. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC No. 737 Scarboro 4 28. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZONING CASE NO. 737 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) STABLE COMBINED 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., must be balanced on site DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sa. EXISTING Single family residence, which encroaches into the front & side yard setbacks PROPOSED IN MAY 2007 Variance for addition that would encroach into the front & side yard setbacks Residence 2388 sq.ft. Residence 3208 sq.ft Garage 600 sq.ft Garage 779 sq.ft Stable 864 sq.ft. Stable 864 sq.ft. Service yd 286 sq.ft. Service Yd. 96 sq.ft Pool 510 sq.ft. Porches 50 sq.ft. Pool equip. 54 sq.ft. Pool 510 sq.ft. Coy. porch 295 sq.ft. Pool eq. 54 sq.ft. Shed 64 sq.ft. Shed 64 sq.ft. 5,061 sq.ft TOTAL 5,625 sq.ft TOTAL 7.1% of 79,460 sq.ft. net lot area 7.0% w/o shed 10.6% 10.8% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed -but will be replaced with structure) 80.9% of 5,824 sq.ft. 66.9 % residential building pad not inc. porch 6.4% (with shed) 6.3% w/o shed 90.0% N/A 35.0% Existing 90.0% 82.2% None 35.0% Existing CURRENTLY PROPOSED Variance for addition that would encroach into the front & side yard setbacks Residence 3075 sq.ft. Garage 779 sq.f.t. Stable 864 sq.ft. Service Yd. 96 sq.ft. Porches 133 sq.ft. Pool 510 sq.ft. Pool eq. 54 sq.ft. Shed 64 sq.ft. TOTAL 5,575 sq.ft. 7.0% of 79,460 sq.ft. net lot area 6.9% w/o shed 10.7% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed -but will be replaced with structure) 77.5% of 5,824 sq.ft. residential building pad not inc. porch 90.0% 80.3% None 35.0% Existing Existing ZC No. 737 Scarboro 5 • • STABLE ACCESS ACC ESSWAY VIEWS PLANTS AND ANIMALS Existing Existing from Caballeros N/A N/A Existing Existing from Caballeros Planning Commission review Planning Commission review ADJACENT PROPERTIES: FOR INFORMATION ONLY ADDRESS I 1 Maverick I 7 Caballeros 5 Caballeros 6 Caballeros 11 Caballeros 8 Caballeros 9 Caballeros OWNER RESIDENCE Mirsaidi Kwon Margeta Mabry I Inman I Moen I Average Scarboro 3081 4428* 2304 4316* I 4352* I 4066 I 3758 2,388 Existing 3,075 Proposed LOT AREA** 104,762 90,082 85,380 43,604 154,477 43604 70,318 94,830 SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements Existing Existing from Caballeros Planning Commission review Planning Commission review BUILD/ ADDED OR REMODELED 1954/1964 1957/ 1968/ 1999 1958 1956/2007 1968/ 1971 /2004 1990 1961 ZC No. 737 Scarboro 6 • • CRITERIA FOR VARIANCES 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. 737 Scarboro 7 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • j'leo llin9 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 SEPTEMBER 18, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 REQUEST AND RECOMMENDATION 1. The applicants request a Variance to construct an 866 square foot addition, of which 467 square feet would encroach into the front and side yard setbacks at an existing single family residence. 2. The proposal calls for a Variance for up to 25-foot front setback encroachment along the current line of encroachment of the porch and residence and between 4 to 12 foot encroachment into the south side yard setback and to retain the service yard in the side yard setback. 162 square feet of the existing 295 square foot front porch is proposed to be enclosed as part of the addition. 3. It is recommended that the Planning Commission review the staff report, consider the criteria for granting variances, take public testimony and provide direction to staff. BACKGROUND 4. The Planning Commission reviewed this case at their regular meeting in April and May and at a field trip on May 15, 2007 and recommended that the applicants revise the project and provide additional information on the roofline, location of the service yard, drainage and reconsider enclosing the porch. The applicants submitted a revised proposal for Commission's consideration at tonight's meeting. The proposal calls for enclosing 162 square feet of the porch, (previously the entire porch) and for a total addition of 866 square feet (previously 999 s.f.). ZC No. 737 Scarboro 1 Printed on Recycled Paper • • 5. The property is zoned RAS-2 and consists of 2.26 acres gross (98,445 square feet). The net lot area for development purposes is 79,460 square feet. The lot has 153 feet of frontage along the roadway easement and is over 720 feet deep. The 35- foot required side yard setbacks take up 46% of the width of the lot. There are 10- foot easements along the side property lines and a 25-foot easement along the rear of the property. A bridle trail traverses the rear of the lot. 6. Currently, the property is developed with 2,388 square foot residence, 295 square foot covered porch, 600 square foot garage, 510 square foot swimming pool, 54 square foot pool equipment, 864 square foot stable, shed and a service yard. Over half of the existing residence and garage encroach up to 25 feet into the 50- foot front yard setback and approximately 20 square feet encroaches between 10 and 18 feet into the 35-foot side yard setbacks. 7. In 1990, a substantial addition, (4,711 sq.ft.), that would double the size of the house and would add to the encroachment into setbacks was approved, but was not constructed. The proposal required that the pool be filled in and relocated. 8. Since 1990 several Variances were granted to the applicant for construction of walls in setbacks and for grading and for importation of soil. In addition, over - the counter approvals were granted to construct walking paths and to fill in fissures for erosion control of the lower portion of the lot, including around a drainpipe that the applicant installed to prevent erosion of the trail. MUNICIPAL CODE COMPLIANCE 9. The proposed 866 square foot addition includes enclosing of 162 square feet of the existing 295 square foot front porch along the line of the encroachment of the existing residence, and will encroach up to 25 feet into the front setback. The 192 square foot garage addition would encroach additional 8 feet into the front yard setback, along the line of the existing encroachment. The service yard would encroach into the south side yard setback and be located to the side of the garage addition. The closest point of the adjacent residence at 1 Maverick Lane would be located 38 feet from the proposed addition. 10. An 864 square foot stable with corral exist on the lot, meeting the City's requirement for a stable and corral. Access to the stable is provided along the south easement of the property. 11. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected as the property drains to the rear. 12. A portion of the service yard is currently located in the side yard setback and it is proposed that it be moved approximately 10 feet further into the side yard setback, next to the garage addition, which requires a Variance. 13. The existing driveway and driveway approach from Caballeros will remain. The double driveway is a legal nonconforming condition, and existed prior to ZC No. 737 Scarboro 2 City's requirement that a double driveway be subject to a Conditional Use Permit. The driveway currently covers 18.7% of the front setback. Pursuant to the Zoning Ordinance, a driveway may not cover more than 20% of the setback in which it is located. The existing driveway is proposed to be widened to access the garage addition. With this new driveway addition, 19.99% of the front setback will consist of the driveway. Staff recommended and the applicant agreed that the driveway addition be constructed of pervious material, such as Grass -Crete. 14. The net lot area of the lot is 79,460 square feet. The structural lot coverage proposed is 5,575 square feet or 7.0% of the net lot area; excluding the 64 square foot shed the structural coverage is proposed at 6.9%. The total lot coverage proposed, including structures and flatwork is 8,549 square feet or 10.7% of the net lot area, (35% permitted). 15. There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad, not in setbacks, is 5,824 square feet and will have coverage of 4,514 square feet or 77.5%. Currently, the building pad coverage is 66.9%. The stable pad is 960 square feet with coverage of 90.0%. The combined building pads coverage is proposed at 80.3% 16. The disturbed area of the lot is 27,811 square feet or 35.0% of the net lot area, which includes the areas of the previously approved walls and the area of the repairs near the trail. 17. In response for justification for the Variance request for the encroachment with the addition into the front and side setbacks, the applicant's representative states in part that "Most of the buildable area lie within the front and side setbacks. The configuration of the property dictates the buildable area to be extremely narrow with the side yard setbacks taking 70 feet away from the buildable area. The lot is developed in such a way that the existing structure already encroaches into the setbacks and there is no other area for addition". 18. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. CONCLUSION 19. The application calls for an addition, of which 467 square feet would encroach into the front and side yard setbacks. The encroachment is proposed to be along the line of the existing front encroachment, 25-foot into the required 50- foot front setback, and between 4-12 feet into the 35-foot south side yard setback. 20. A Variance for encroachment would not be required, if the applicant constructed an addition to the rear of the residence. However, a pool is located in the rear of the residence and it would have to be filled in, area compacted and it could require import of dirt. ZC No. 737 Scarboro 3 • • Q 21. The shape of the lot and the configuration of the existing development on the property make it difficult to improve the lot within the allowable development standards for setbacks. 22. The Planning Commission must find that the application meets the criteria for granting of a Variance for encroachment. 23. The residence and the existing porch encroach up to 25 feet into the front setback. The driveway takes up a large portion of the remaining area of the front setback. To soften the solid appearance of the driveway, the Commission could consider a requirement that the applicant either remove part of the south driveway approach and landscape the area, or install a decorative or impervious surface on a portion of the existing driveway, to match the impervious surface required for the driveway addition by the new garage. 24. Some of the Goals and Policies of the Land Use Element of the General Plan that would be applicable to this application and should be considered by the Planning Commission include City's desire to "maintain Rolling Hills' distinctive rural residential character". Another goal is for the City "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses" and" require that development conform with the City's existing low -profile, ranch style architecture". 25. The Architectural Committee will consider whether the elimination of part of the porch would change the ranch style character of the residence. The applicant has revised his plans, per Commission suggestion, and is proposing to enclose only a portion of the porch. OTHER AGENCIES REVIEW 26. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 26. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC No. 737 Scarboro 4 ZONING CASE NO. 737 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) STABLE I COMBINED 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., must be balanced on site DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft) and CORRAL (minimum 550 sa. ZC No. 737 Scarboro TOTAL EXISTING Single family residence, which encroaches into the front & side yard setbacks PROPOSED IN MAY 2007 Variance for addition that would encroach into the front & side yard setbacks Residence 2388 sq.ft. Residence 3208 sq.ft Garage 600 sq.ft Garage 779 sq.ft Stable 864 sq.ft. Stable 864 sq.ft. Service yd 286 sq.ft. Service Yd. 96 sq.ft Pool 510 sq.ft. Porches 50 sq.ft. Pool equip. 54 sq.ft. Pool 510 sq.ft. Coy. porch 295 sq.ft. Pool eq. 54 sq.ft. Shed 64 sq.ft. Shed 64 sq.ft. 5,061 sq.ft 5,625 sq.ft 6.4% (with shed) 6.3% w/o shed 10.6% 66.9 % 90.0% N/A 35.0% Existing TOTAL 7.1% of 79,460 sq.ft. net lot area 7.0% w/o shed 10.8% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed -but will be replaced with structure) 80.9% of 5,824 sq.ft. residential building pad not inc. porch 90.0% 82.2% None 35.0% Existing CURRENTLY PROPOSED Variance for addition that would encroach into the front & side yard setbacks Residence 3075 sq.ft. Garage 779 sq.f.t. Stable 864 sq.ft. Service Yd. 96 sq.ft. Porches 133 sq.ft. Pool 510 sq.ft. Pool eq. 54 sq.ft. Shed 64 sq.ft. TOTAL 5,575 sq.ft. 7.0% of 79,460 sq.ft. net lot area 6.9% w/o shed 10.7% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed -but will be replaced with structure) 77.5% of 5,824 sq.ft. residential building pad not inc. porch 90.0% 80.3% None 35.0% Existing 5 • • STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS Existing Existing from Caballeros N/A N/A Existing Existing from Caballeros Planning Commission review Planning Commission review ADJACENT PROPERTIES: FOR INFORMATION ONLY ADDRESS 1 Maverick 7 Caballeros 5 Caballeros 6 Caballeros 11 Caballeros 8 Caballeros 9 Caballeros OWNER Mirsaidi Kwon Margeta Mabry Inman Moen Average Scarboro RESIDENCE 3081 4428* 2304 4316* I 4352* I 4066 3758 2,388 Existing 3.075 Proposed SOURCES: LOS ANGELES COUNTY ASSESSORS OFFICE * City records The above do not include garages and other accessory structures ** Excludes roadway easements ZC No. 737 Scarboro 6 Existing Existing from Caballeros Planning Commission review Planning Commission review LOT AREA** I 104,762 90,082 85,380 43,604 I 54,477 I 43604 70,318 94,830 CRITERIA FOR VARIANCES 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. 737 Scarboro 7 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • • city 0/ lellind�rP� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 AUGUST 21, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 REQUEST AND RECOMMENDATION 1. Per the attached letter, due to circumstances regarding Mr. Scarboros health, the applicants request continuance of their application. 2. The original proposal called for an addition and a Variance for up to 25- foot front setback encroachment along the line of current encroachment and between 4 to 12 foot encroachment into the south side yard setback; to enclose the front porch, also located in the front setback and to locate the service yard in the side yard setback. 3. It is recommended that the Planning Commission continue Zoning Case No. 737 to the September 18, 2007 Planning Commission meeting. Printed on Recycled Paper Rug 13 07 02:26p Linda Scarboro 88/13/2007 1a:19 317288 3" 544-8548 p.1 ROLLING HILLS WY PAGE 02/02 TO: Planning Department and Planning Commission August 13 2007 AUG0 7 CITY Or ROLLING HILLS By I, Jerry Scarboro. respectfully request a continuance in the matter of my Variance application for an addition at 9 Caballeros Road. Due to unexpected circumstances relating to my health, this continuance is necessary. Thank you for your consider Jerry S • ..ro -- 20 07 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: C1ty o`l2le.� JdlG • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 JULY 17, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 REQUEST AND RECOMMENDATION, 1. Per the attached letter, the applicants request continuance of their application, to allow them time to revise the project. 2. The original proposal called for an addition and a Variance for up to 25- foot front setback encroachment along the line of current encroachment and between 4 to 12 foot encroachment into the south side yard setback; to enclose the front porch, also located in the front setback and to locate the service yard in the side yard setback. 3. It is recommended that the Planning Commission continue Zoning Case No. 737 to the August 21, 2007 Planning Commission meeting. Printed on Recycled Paper 07/10/2007 13:51 310-544-0458 BOLTON ENGINEERING PAGE 01 Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 (310) 544-6010 Fax (310) 544-0458 'Yolanta Schwartz Planning Director City of Rolling Hills 2 Portuguese Bend Rd. Rolling Hills, CA 90274 July 10, 2007 Dear Ms. Schwartz, I herewith respectfully request a continuance in the matter of Jerry and Linda Scarboro, 9 Caballeros Road. This continuance is necessary to have the time to correctly depict the new roof and entrance. Thank you sincerely, Douglas K. McHattie Vice President By JUL ' v J3 L li i.�I CITY 1 OF f 'lOLLINt. 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • • Ctt ®pellin, ,14ig/e0ll1 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 JUNE 19, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 REOUEST AND RECOMMENDATION 1. Per the attached letter, the applicants request continuance of their application, to allow them time to revise the project. 2. The original proposal called for an addition and a Variance for up to 25- foot front setback encroachment along the line of current encroachment and between 4 to 12 foot encroachment into the south side yard setback; to enclose the front porch, also located in the front setback and to locate the service yard in the side yard setback. 3. It is recommended that the Planning Commission continue Zoning Case No. 737 to the July 17, 2007 Planning Commission meeting. ® Printed on Recycled Pnper • • Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 (310) 544-6010 Fax (310) 544-0458 Yolanta Schwartz Planning Director City of Rolling Hills 2 Portuguese Bend Rd. Rolling Hills, CA 90274 June 6, 2007 Dear Ms. Schwartz, By JUN 0 C 2007 CITY OF ROLLING HILLS • I herewith respectfully request a continuance in the matter of Jerry and Linda Scarboro, 9 Caballeros Road. This continuance is necessary to have the time to correctly depict the new roof and entrance. Thank you sincerely, ,,- ; • /!/ Douglas K. McHattie Vice President 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • opeolen9.�a��� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 MAY 15, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 REQUEST AND RECOMMENDATION, 1. The applicants request a Variance to construct a 999 square foot addition, of which 600 square feet would encroach into the front and side yard setbacks at an existing single family residence. 2. The proposal calls for a Variance for up to 25-foot front setback encroachment along the line of current encroachment and between 4 to 12 foot encroachment into the south side yard setback; to enclose the front porch, also located in the front setback and to locate the service yard in the side yard setback. 3. It is recommended that the Planning Commission review the staff report, consider the criteria for granting variances, attached, take public testimony and provide direction to staff. BACKGROUND 4. The Planning Commission visited the site earlier today. 5. The property is zoned RAS-2 and consists of 2.26 acres (98,445 square feet). The net lot area for development purposes is 79,460 square feet. The lot has 153 feet of frontage along the roadway easement and is over 720 feet deep. The 35-foot required side yard setbacks take up 46% of the width of the lot. There are 10-foot easements along the side property lines and a 25-foot easement along the rear of the property. A bridle trail traverses the rear of the lot. ZC No.:737 ,rarhnrn Printed on Recycled Paper • • 6. Currently, the property is developed with 2,388 square foot residence, 600 square foot garage, 510 square foot swimming pool, 54 square foot pool equipment, 864 square foot stable, shed and a service yard. A 295 square foot covered porch is proposed to be enclosed. Over half of the existing residence and garage encroach up to 25 feet into the 50-foot front yard setback and approximately 20 square feet encroaches between 10 and 18 feet into the 35-foot side yard setbacks. 7. In 1990, a substantial addition, (4,711 sq.ft.), that would double the size of the house and would add to the encroachment into setbacks was approved, but was not constructed. The proposal required that the pool be filled in and relocated. 8. Since 1990 several Variances were granted to the, applicant for construction of walls in setbacks and for grading and for importation of soil. In addition, over - the counter approvals were granted to construct walking paths and to fill in fissures for erosion control of the lower portion of the lot, including around a drainpipe that the applicant installed to prevent erosion of the trail. MUNICIPAL CODE COMPLIANCE 9. The proposed 999 square foot addition includes enclosing of the existing 295 square foot front porch along the line of the encroachment of the existing residence, and will encroach up to 25 feet into the front setback. The 192 square foot garage addition would encroach additional 8 feet into the front yard setback, along the line of the existing encroachment. The service yard would encroach into the south side yard setback and be located in the rear of the garage addition. A 50 square foot entry porch is proposed to be constructed, encroaching additional 4 feet into the front setback. The closest point of the adjacent residence at 1 Maverick Lane would be located 38 feet from the proposed addition. 10. An 864 square foot stable with corral exist on the lot, meeting the City's requirement for a stable and corral. Access to the stable is provided along the south easement of the property. 11. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected and no new drainage lines are proposed. 12. The service yard is currently located in the side yard setback and it is proposed that it be moved approximately 10 feet further into the side yard setback, behind the garage addition, which requires a Variance. 13. The existing driveway and driveway approach from Caballeros will remain. The double driveway is a legal nonconforming condition, and existed prior to City's requirement that a double driveway be subject to a Conditional Use Permit. The driveway currently covers 18.7% of the front setback. Pursuant to Zoning Ordinance, a driveway may not cover more than 20% of the setback in which it is located. The existing driveway is proposed to be widened to access the garage addition. With this new driveway addition, 19.99% of the front setback will consist ZC No. 737 crarhnrn 2 • • of the driveway. Staff recommended and the applicant agreed that the driveway addition be constructed of pervious material, such as grass-crete. 14. The net lot area of the lot is 79,460 square feet. The structural lot coverage proposed is 5,625 square feet or 7.1% of the net lot area; excluding the 64 square foot shed the structural coverage is proposed at 7.0%. The total lot coverage proposed, including structures and flatwork is 8,599 square feet or 10.8% of the net lot area, (35% permitted). 15, There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad, not in setbacks, is 5,824 square feet and will have coverage of 4,711 square feet or 80.9%, (not including the 50 s.f. porch). Currently, the building pad coverage is 66.9%. The stable pad is 960 square feet with coverage of 90.0%. The combined building pads coverage is proposed at 82.2% 16. The disturbed area of the lot is 27,811 square feet or 35.0% of the net lot area, which includes the areas of the previously approved walls and the area of the repairs near the trail. 17. In response for justification for the Variance request for the encroachment with the addition into the front and side setbacks, the applicant's representative states in part that "Most of the buildable area lie within the front and side setbacks. The configuration of the property dictates the buildable area to be extremely narrow with the side yard setbacks taking 70 feet away from the buildable area. The lot is developed in such a way that the existing structure already encroaches into the setbacks and there is no other area for addition". 18. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. ITEMS FOR COMMISSION'S CONSIDERATION 19. The application calls for an addition, of which 600 square feet would encroach into the front and side yard setbacks. The encroachment is proposed to be along the line of the existing front encroachment, 25-foot into the required 50- foot front setback, and between 4-12 feet into the 35-foot south side yard setback. 20. A Variance for encroachment would not be required, if the applicant constructed an addition to the rear of the residence. However, a pool is located in the rear of the residence and it would have to be removed. 21. There exists an area adjacent to the south retaining wall along which access is taken to the stable. With the addition that access will decrease by ten feet in width for a distance of 20 feet. The Commission may wish to consider whether the access to the stable would be adequate. ZC No. 737 grarhnrn 3 •. . 22. The shape of the lot and the configuration of the existing development on the property make it difficult to improve the lot within the allowable development standards for setbacks. 23. The Planning Commission must find that the application meets the criteria for granting of a Variance as listed in items A-G in the enclosed findings. 24. Some of the Goals and Policies of the Land Use Element of the General Plan that would be applicable to this application and should be considered by the Planning Commission include City's desire to "maintain Rolling Hills' distinctive rural residential character". Another goal is for the City "to accommodate development which is compatible with and complements existing land uses". The Land Use Element also calls to "maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses" and" require that development conform with the City's existing low -profile, ranch style architecture". 25. The Planning Commission may wish to consider whether the elimination of the porch would change the ranch style character of the residence. However, this is a design issue and will be reviewed by the RHCA Architectural Committee. OTHER AGENCIES REVIEW 26. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 27. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC No. 737 grarhnrn 4 ZONING CASE NO. 737 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) STABLE COMBINED 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.,'must be balanced on site DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence, which encroaches into the front & side yard setbacks Residence Garage Stable Service yd Pool Pool equip. Cov. porch Shed TOTAL 2388 sq.ft. 600 sq.ft 864 sq.ft. 286 sq.ft. 510 sq.ft. 54 sq.ft. 295. sq.ft. 64 sq.ft. 5,061 sq.ft 6.4% (with shed) 6.3% w/o shed 10.6% 66.9 % 90.0% N/A 35.0% Existing Existing Existing from Caballeros N/A N/A PROPOSED Addition that would encroach into the front & side yard setbacks Residence Garage Stable Service Yd. Porches Pool Pool eq. Shed TOTAL 3208 sq.ft 779 sq.ft 864 sq.ft. 96 sq.ft 50 sq.ft. 510 sq.ft. 54 sq.ft. 64 sq.ft. 5,625 sq.ft 7.1% of 79,460 sq.ft. net lot area 7.0% w/o shed 10.8% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed -but will be replaced with structure) 80.9% of 5,824 sq.ft. residential building pad not inc. porch 90.0% 82.2% None 35.0% Existing Existing Existing from Caballeros Planning Commission review Planning Commission review ZC No. 737 grarhnrn 5 CRITERIA FOR VARIANCES 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. 737 Srarhnrn 6 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • • City {l2fEng_At% INCORPORATED JANUARY 24. 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 APRIL 17, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISFTED: ZONING CASE NO. 737 9 CABALLEROS ROAD (LOT 27-SF) RA-S-2, 2.26 ACRES (GROSS) MR. AND MRS. JERRY SCARBORO BOLTON ENGINEERING APRIL 7, 2007 REQUEST AND RECOMMENDATION 1. The applicants request a Variance to construct a 999 square foot addition, of which 600 square feet would encroach into the front and side yard setbacks at an existing single family residence. 2. The proposal calls for up to 25-foot front setback encroachment, along the line of current encroachment and up to additional 8-foot encroachment into the south side yard setback, and enclosure of a front porch, also located in the front setback. 3. It is recommended that the Planning Commission review the staff report, open the public hearing and take public testimony. BACKGROUND 4. The property is zoned RAS-2 and consists of 2.26 acres (98,445 square feet). The net lot area for development purposes is 79,460 square feet. The lot is located on a corner of Caballeros and Maverick Roads and has 153 feet of frontage along the roadway easement and is over 700 feet long. The 35-foot required side yard setbacks take up 46% of the width of the lot. There are 10-foot easements along the side property lines and a 25-foot easement along the rear of the property. A bridle trail traverses the rear of the lot. 5. Currently, the property is developed with 2,388 square foot residence, 600 square foot garage, 510 square foot swimming pool, 54 square foot pool equipment, 864 square foot stable, shed and a service yard. A 295 square foot covered porch is proposed to be enclosed. Over half of the structure encroaches up ZC No. 737 Grarhnrn 1 (---D ® Printed on Recycled Paper • • • to 25 feet into the 50-foot front yard setback and approximately 120 square feet encroaches between 10 and 18 feet into the 35-foot side yard setbacks. 6. In 1990, a substantial addition, that would double the size of the house and would add to the encroachment into setbacks was approved, but was not constructed. 7. Since 1990 several Variances were granted to the applicant for construction of walls in setbacks and for grading and for importation of soil. In addition, over - the counter approvals were granted to construct walking paths and to fill in fissures for erosion control of the lower portion of the lot, including around a drainpipe that the applicant installed to prevent erosion of the trail. MUNICIPAL CODE COMPLIANCE 8. The proposed 999 square foot addition includes enclosing of the existing 295 square foot front porch along the line of the encroachment of the existing residence, and will encroach up to 25 feet into the front setback. The 192 square foot garage addition would encroach additional 8 feet into the south-- side yard setback. The service yard would also encroach into the south side yard setback and be located in the rear of the garage addition. A 50 square foot entry porch is proposed to be constructed, encroaching additional 4 feet into the front setback. 9. An 864 square foot stable with adjacent corral exist on the lot, meeting the City's requirement for a stable and corral. 10. No grading is required for this project. The additions will be constructed on an already disturbed and graded pad. No drainage patterns will be affected and no new drainage lines are proposed. 11. The existing driveway and driveway approach from Caballeros will remain. The double driveway is a legal nonconforming condition, and existed prior to City's requirement that a double driveway be subject to a Conditional Use Permit. The driveway currently covers 18.7% of the front setback. Pursuant to Zoning Ordinance, a driveway may not cover more than 20% of the setback in which it is located. The existing driveway is proposed to be widened to access the garage addition. With this new driveway addition, 19.99% of the front setback will consist of the driveway. Staff would like to propose that the Planning Commission require that the driveway addition be constructed of pervious material, such as grass- crete. 12. The net lot area of the lot is 79,460 square feet. The structural lot coverage proposed is 5,625 square feet or 7.1% of the net lot area; excluding the 64 square foot shed the structural coverage is proposed at 7.0%. The total lot coverage proposed, including structures and flatwork is 8,599 square feet or 10.8% of the net lot area, (35% permitted). 13. There are two building pads on the property. No grading or increase in the building pads is proposed. The existing residential building pad, not in setbacks, is ZC No. 737 grarhnrn 2 A • • 5,824 square feet and will have coverage of 4,711 square feet or 80.9%, (not including the 50 s.f. porch). Currently, the building pad coverage is 66.9%. The stable pad is 960 square feet with coverage of 90.0%. The combined building pads coverage is proposed at 82.2% 14. The disturbed area of the lot is 27,811 square feet or 35.0% of the net lot area, which includes the areas of the previously approved walls and the area of the repairs near the trail. 15. In response for justification for the Variance request for the encroachment with the addition into the front and side setbacks, the applicant's representative states inn part that "Most of the buildable area lie within the front and side setbacks. The configuration of the property dictates the buildable area to be extremely narrow with the side yard setbacks taking 70 feet away from the buildable area. The lot is developed in such a way that the existing structure already encroaches into the setbacks and there is no other area for addition". 16. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meet City and RHCA standards for Class "A" roofing. OTHER AGENCIES REVIEW 17. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 18. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC No. 737 Sr-arhnrn 31 g • • ZONING CASE NO. 737 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% max) STABLE COMBINED 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., must be balanced on site DISTURBED AREA (40% maximum; STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC No. 737 Rrarhnrn EXISTING Single family residence, which encroaches into the front & side yard setbacks Residence Garage Stable Service yd Pool Pool equip. Cov. porch Shed TOTAL 2388 sq.ft. 600 sq.ft 864 sq.ft. 286 sq.ft. 510 sq.ft. 54 sq.ft. 295 sq.ft. 64 sq.ft. 5,061 sq.ft 6.4% (with shed) 6.3% w/o shed 10.6% 66.9 % 90.0% N/A 35.0% Existing Existing I Existing from Caballeros N/A N/A PROPOSED Additions that would encroach into the front & side yard setbacks Residence 3208 sq.ft Garage 779 sq.ft Stable 864 sq.ft. Service 96 sq.ft Yd. Porches 50 sq.ft. Pool 510 sq.ft. Pool eq. 54 sq.ft. Shed 64 sq.ft. TOTAL 5,625 sq.ft 7.1% of 79,460 sq.ft. net lot area 7.0% w/o shed 10.8% of 79,460 sq.ft. net lot area (420 s.f. of paved walks to be removed) 80.9% of 5,824 sq.ft. residential building pad not inc. porch 90.0% 82.2% None 35.0% Existing Existing Existing from Caballeros Planning Commission review Planning Commission review • • VARIANCE REQUIRED 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; and 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; and 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; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; 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. ZC No. 737 grarhnrn