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826, Construct a BBQ (16 ft X 2.8 f, Staff ReportsMEMORANDUM TO RECUSE TO: Honorable Mayor and Members of the City Council FROM: Heidi Luce, Deputy City Clerk SUBJECT: AGENDA ITEM 4A: ZONING CASE NO. 826, 8 MAVERICK LANE, (KARPF) SEPTEMBER 10, 2012 DATE: Due to the proximity of his property to the proposed project, Councilmember Lay should'recuse himself from consideration of this item. He may however, take a seat in the audience and participate as a resident. eCoeec'&4 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 , FAX (310) 377-7288 Agenda Item No. 4A Mtg. Date: 09-10-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION NO. 2012-16. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A BARBEQUE, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT 8 MAVERICK LANE, IN ZONING CASE NO. 826, ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT REQUIRES PLANNING COMMISSION APPROVAL. LOT 26-A- SK, ROLLING HILLS, CA., (KARPF). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST AND PLANNING COMMISSION ACTION 1. It is recommended that the City Council receive and file this report or provide other direction to staff. 2. The applicant requests a Variance to construct a 43 square foot barbeque, of which approximately 30 square feet would encroach into the side yard setback. A small cut of approximately 18" in height will be required to place the barbeque in the proposed area. The project is located on a property that in the past received "No further development" condition without Planning Commission review. 3. The Planning Commission approved the project and adopted the enclosed Resolution, finding that the project is in substantial compliance with the Zoning Ordinance and the General Plan and due to the fact that the project is relatively minor. The Vote was 5-0. ZC No. 826, 8 Maverick Lane • BACKGROUND 4. The property is zoned RAS-2 and consists of 2.81 acres gross. The net lot area for development purposes is 110,320 square feet or 2.53 acres. The lot is irregular in shape and is located at the end of a cul-de-sac. The lot slopes downwards approximately 26 feet from the roadway easement line to the development and the improvements are not visible from the street level. The side setback in the location of the proposed barbeque is 35' from the adjacent property. 5. In 2008 the Planning Commission approved a site plan review and a variance in Zoning Case No. 758 to demolish 3,385 square feet of the then existing 5,485 square foot residence, to reconstruct that area and to add 1,618 square feet to the residence for a total of 7,103 square foot residence with 865 square foot garage and a Variance for previously graded areas that exceeded the maximum permitted disturbed area of the lot. There were, and remain a 1,643 square foot basement at the residence and an 800 square foot detached guest house. 6. In October 2010 the Planning Commission approved a Site Plan Review to enlarge and relocate the then existing pool and spa and to relocate and add several walls. The new pool is 808 square feet. As a result of moving the walls, the building pad area was increased by 1,789 square feet. 7. Both approvals include a condition that any further development on the property, including walls, must be submitted to the Planning Commission for review and approval. 8. An over-the-counter approval was also granted to remodel the existing guest house. The previously approved portion of the project is currently under construction. MUNICIPAL CODE COMPLIANCE 9. The applicant proposes to construct a new 43 square foot barbeque, a portion of which would be located in the side yard setback, to replace a 32 square foot barbeque that was located near the guest house, but not in setback and which was demolished. The application requires Planning Commission approval due to the encroachment into the setback. 10. Due to the "any further development requires Planning Commission review and approval" condition placed on this property, any new construction would be subject to Commission's review. Recently however, an Ordinance was adopted, which allows staff to approve some improvements on properties with the "No further development" condition, subject to certain criteria. However, due to the proposed barbeque encroachment into the side setback, staff was not able to approve it over-the-counter. ZC NO. 826, 8 Maverick Lane 0 y • • 11. The net lot area of the lot is 110,320 square feet. The structural lot coverage proposed is 10,948 square feet or 9.9% of the net lot area (not counting the barbecue, water features and the equipment pad per City's provisions for allowances). The total lot coverage proposed, including structures and flatwork is 21,445 square feet or 19.4% of the net lot area, (35% permitted). 12. There are two building pads on the property. The residential building pad is 27,540 square feet and will have coverage of 35.5% (same as previously approved, due to the allowances for the porch and ancillary structures). The stable pad is 5,261 square feet and the coverage is proposed at 450 square feet or 8.5%. 13. The disturbed area of the lot is 63,652 square feet or 57.7% of the net lot area, which includes both building pads and will remain. A variance for the disturbance was approved with the 2008 application. CONCLUSION 14. In response to justification for the Variance, the applicant states in part that the barbeque is a very small addition and it integrates well into the area. It replaces former barbeque in generally the same location. 15. The project is before the Planning Commission due to the encroachment of the barbeque into the side setback. 16. The property has an existing building pad to the rear that is suitable for a future stable and corral. 17. The RHCA Architectural Committee approved the barbeque and water features. 18. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 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; ZC NO. 826, 8 Maverick Lane • • 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. 826, 8 Maverick Lane RESOLUTION NO. 2012-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A BARBEQUE, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT 8 MAVERICK LANE, IN ZONING CASE NO. 826, ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT REQUIRES PLANNING COMMISSION APPROVAL. LOT 26-A-SK, ROLLING HILLS, CA., (KARPF). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Mr. Spencer Karpf duly filed an application with respect to real property located at 8 Maverick Lane (Lot 26-A-SK), Rolling Hills, CA requesting a Variance to construct a 43 square foot barbeque, of which approximately 30 square feet would encroach into the side yard setback. A 32 square foot barbeque was removed from the general location, however said barbeque was not located in setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on August 21, 2012 and at a field trip on August 14, 2012. 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 was in attendance at the hearings. Section 3. In 2008 the Planning Commission approved a site plan review and a variance in Zoning Case No. 758 to demolish 3,385 square feet of the then existing 5,485 square foot residence, to reconstruct that area and to add 1,618 square feet to the residence for a total of 7,103 square foot residence with 865 square foot garage and a Variance for previously graded areas that exceed the maximum permitted disturbed area of the net lot. There is a 1,643 square foot basement at the residence and an 800 square foot detached recreation room. Section 4. In 2010 the Planning Commission approved a Site Plan Review to enlarge and relocate the then existing pool and spa and to relocate and add several walls. The new pool is 808 square feet. As a result of moving the walls, the building pad area was increased by 1,789 square feet. Both approvals include a condition that any further development on the property must be submitted to the Planning Commission for review and approval. However, a recent Zoning Code amendment allows staff to approve insignificant projects on properties Reso. 2012-16 ZC NO. 826 1 • • with said condition. Due to the proposed location, in the setback, this project requires a Variance. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.060 is required because it states that every lot in the RAS-2 zone shall have a side setback of not less than 35- feet from the property line. The applicant is requesting a Variance to construct a barbeque that would encroach into the side setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment is very minor and is not visible from the street or other residence. B. 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. The proposed development in the side setback is minimal and down slope from the property line. The area of the barbeque would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. C. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed development will be orderly, attractive and shall protect the rural character of the community. The proposed barbeque will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. D. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Reso. 2012-16 ZC NO. 826 • • Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the variance application for Zoning Case No. 826 as shown on the Development Plans dated July 11, 2012 subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval if work has not commenced as defined in Section 17.46.080 of the Zoning Ordinance, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, 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. There shall be no grading or further disturbance for this project, subject to the City's definition of grading and disturbance (no more than 3 foot cut or fill and no more than 2,000 square feet surface area disturbance). County grading permit shall be required. E. The structural coverage of the lot shall not exceed 10,948 square feet or 9.9% (excl. bbq) and the total lot coverage shall not exceed 21,325 sq.ft. or 19.3%. The disturbed area shall remain at 57.7% of the net lot area. F. The barbeque shall be screened from the neighbors with mature trees and shrubs. If new plants planted, they shall be planted so as not to obstruct views of neighboring properties but to screen the barbeque on site. Trees and shrubs shall be planted in a manner, so that when mature, will not result in a hedge like screen. G. All conditions of Resolution No. 2008-18 in Zoning Case No. 758 and Resolution 2010-23 in zoning Case No. 795 shall continue to be in full force and effect. H. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading or addition and any deviation from the approved plans in Zoning Case No. 758, Zoning Case No. 795 and this case, shall require the filing of a new application for approval by the Planning Commission, except as permitted in Section 17.46.040 C. Reso. 2012-16 ZC NO. 826 3 f% • • I. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review approval, as required by the Municipal Code, the approval shall not be effective. J. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 21st DAY OF AUGUST 2012. ATTEST: • ttak =ice JlEPAIRMAN HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-16 ZC NO. 826 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2012-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A BARBEQUE, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT 8 MAVERICK LANE, IN ZONING CASE NO. 826, ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT REQUIRES PLANNING COMMISSION APPROVAL. LOT 26-A-SK, ROLLING HILLS, CA., (KARPF). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on August 21, 2012 by the following roll call vote: AYES: Commissioners Chelf, Henke, Mirsch, Smith and Chairman Pieper. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2012-16 ZC NO. 826 HEIDI LUCE DEPUTY CITY CLERK 5 J TO: FROM: etre/ 4 wee, vied& HONORABLE CHAIRMAN PLANNING COMMISSION INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 8/21/12 Agenda Item: 7B AND MEMBERS OF THE YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 826 8 MAVERICK LANE (LOT 26-A-SK) RA-S-2, 2.81 ACRES (GROSS) MR. SPENCER KARPF APPLICANT AUGUST 2, 2012 REQUEST AND RECOMMENDATION 1. The Planning Commission at the August 14, 2012 public hearing field trip to the property directed staff to prepare a Resolution of Approval for this project. All Commissioners voted in favor. It is recommended that the Planning Commission review the attached resolution and approve it. 2. The project consists of a request for a Variance to construct a 43 square foot barbeque of which approximately 30 square feet would be located in side setback. 3. Attached for Commission consideration is a Resolution of approval with standard findings and facts and condition, including: • That any further development be brought before the Planning Commission, unless meets the requirements of exemption of Section 17.46.040.C. • oos A. • (D. • • RESOLUTION NO. 2012-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A BARBEQUE, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT 8 MAVERICK LANE, IN ZONING CASE NO. 826, ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT REQUIRES PLANNING COMMISSION APPROVAL. LOT 26-A-SK, ROLLING HILLS, CA., (KARPF). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Mr. Spencer Karpf duly filed an application with respect to real property located at 8 Maverick Lane (Lot 26-A-SK), Rolling Hills, CA requesting a Variance to construct a 43 square foot barbeque, of which approximately 30 square feet would encroach into the side yard setback. A 32 square foot barbeque was removed from the general location, however said barbeque was not located in setback. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on August 21, 2012 and at a field trip on August 14, 2012. 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 was in attendance at the hearings. Section.3. In 2008 the Planning Commission approved a site plan review and a variance in Zoning Case No. 758 to demolish 3,385 square feet of the then existing 5,485 square foot residence, to reconstruct that area and to add 1,618 square feet to the residence for a total of 7,103 square foot residence with 865 square foot garage and a Variance for previously graded areas that exceed the maximum permitted disturbed area of the net lot. There is a 1,643 square foot basement at the residence and an 800 square foot detached recreation room. Section 4. In 2010 the Planning Commission approved a Site Plan Review to enlarge and relocate the then existing pool and spa and to relocate and add several walls. The new pool is 808 square feet. As a result of moving the walls, the building pad area was increased by 1,789 square feet. Both approvals include a condition that any further development on the property must be submitted to the Planning Commission for review and approval. However, a recent Zoning Code amendment allows staff to approve insignificant projects on properties Reso. 2012-16 ZC NO. 826 • • with said condition. Due to the proposed location, in the setback, this project requires a Variance. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.060 is required because it states that every lot in the RAS-2 zone shall have a side setback of not less than 35- feet from the property line. The applicant is requesting a Variance to construct a barbeque that would encroach into the side setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but .which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The encroachment is very minor and is not visible from the street or other residence. B. 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. The proposed development in the side setback is minimal and down slope from the property line. The area of the barbeque would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. C. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed development will be orderly, attractive and shall protect the rural character of the community. The proposed barbeque will not encroach into potentially future equestrian uses on the property. A suitable stable and corral area exists on the site. D. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Reso. 2012-16 ZC NO. 826 2 e J • • Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the variance application for Zoning Case No. 826 as shown on the Development Plans dated July 11, 2012 subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval if work has not commenced as defined in Section 17.46.080 of the Zoning Ordinance, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, 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. There shall be no grading or further disturbance for this project, subject to the City's definition of grading and disturbance (no more than 3 foot cut or fill and no more than 2,000 square feet surface area disturbance). County grading permit shall be required. E. The structural coverage of the lot shall not exceed 10,948 square feet or 9.9% (excl. bbq) and the total lot coverage shall not exceed 21,325 sq.ft. or 19.3%. The disturbed area shall remain at 57.7% of the net lot area. F. The barbeque shall be screened from the neighbors with mature trees and shrubs. If new plants planted, they shall be planted so as not to obstruct views of neighboring properties but to screen the barbeque on site. Trees and shrubs shall be planted in a manner, so that when mature, will not result in a hedge like screen. G. All conditions of Resolution No. 2008-18 in Zoning Case No. 758 and Resolution 2010-23 in zoning Case No. 795 shall continue to be in full force and effect. H. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading or addition and any deviation from the approved plans in Zoning Case No. 758, Zoning Case No. 795 and this case, shall require the filing of a new application for approval by the Planning Commission, except as permitted in Section 17.46.040 C. Reso. 2012-16 ZC NO. 826 3® • • I. Until the applicants execute and record an Affidavit of Acceptance of all conditions of this Site Plan Review approval, as required by the Municipal Code, the approval shall not be effective. J. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 21st DAY OF AUGUST 2012. JEFF PIEPER, CHAIRMAN ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-16 ZC NO. 826 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2012-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A BARBEQUE, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT 8 MAVERICK LANE, IN ZONING CASE NO. 826, ON A PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT REQUIRES PLANNING COMMISSION APPROVAL. LOT 26-A-SK, ROLLING HILLS, CA., (KARPF). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on August 21, 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. 2012-16 ZC NO. 826 TO: FROM: etre/ Roetept9 qeetd HONORABLE CHAIRMAN PLANNING COMMISSION INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Mtg. Date: 8/14/12 FIELD TRIP Agenda Item: 4B AND MEMBERS OF THE YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 826 8 MAVERICK LANE (LOT 26-A-SK) RA-S-2, 2.81 ACRES (GROSS) MR. SPENCER KARPF APPLICANT AUGUST 2, 2012 REOUEST AND RECOMMENDATION 1. The applicant requests a Variance to construct a 43 square foot barbeque, of which approximately 30 square feet would encroach into the side yard setback. A small cut of approximately 18" will be required to place the barbeque in the proposed area. The project is located on a property that in the past received "No further development" condition without Planning Commission review. 2. It is recommended that the Planning Commission review the staff report, view the location of the proposed barbeque, open the public hearing, take public testimony, and provide direction to staff. BACKGROUND 3. The property is zoned RAS-2 and consists of 2.81 acres gross. The net lot area for development purposes is 110,320 square feet or 2.53 acres. The lot is irregular in shape and is located at the end of a cul-de-sac. The lot slopes downwards approximately 26 feet from the roadway easement line to the development and the improvements are not visible from the street level. 4. In 2008 the Planning Commission approved a site plan review and a variance in Zoning Case No. 758 to demolish 3,385 square feet of the then existing 5,485 square foot residence, to reconstruct that area and to add 1,618 square feet to the residence for a • • total of 7,103 square foot residence with 865 square foot garage and a Variance for previously graded areas that exceeded the maximum permitted disturbed area of the lot. There were, and remain a 1,643 square foot basement at the residence and an 800 square foot detached guest house. 5. In October 2010 the Planning Commission approved a Site Plan Review to enlarge and relocate the then existing pool and spa and. to relocate and add several walls. The new pool is 808 square feet. As a result of moving the walls, the building pad area was increased by 1,789 square feet. 6. Both approvals include a condition that any further development on the property, including walls, must be submitted to the Planning Commission for review and approval. 7. The previously approved portion of the project is currently under construction. MUNICIPAL CODE COMPLIANCE 8. The applicant proposes to construct a new 43 square foot barbeque, a portion of which would be located in the side yard setback, to replace a 32 square foot barbeque that was located near the guest house, but not in setback and which was demolished. The application requires Planning Commission approval due to the encroachment into the setback. 9. Due to the "any further development requires Planning Commission review and approval" condition placed on this property, any new construction would be subject to Commission's review. Recently however, an Ordinance was adopted, which allows staff to approve some improvements on properties with the "No further development" condition, subject to certain criteria. (See the criteria below). Pursuant to this ordinance, staff approved a total of 95 square feet of water feature on the property, and when submitted, will approve an outdoor kitchen. Because the proposed barbeque will encroach into the side setback, staff was not able to approve it over-the-counter. 10. The net lot area of the lot is 110,320 square feet. The structural lot coverage proposed is 10,948 square feet or 9.9% of the net lot area (not counting the barbecue, water features and the equipment pad per City's provisions for allowances). The total lot coverage proposed, including structures and flatwork is 21,445 square feet or 19.4% of the net lot area, (35% permitted). 11. There are two building pads on the property. The residential building pad is 27,540 square feet and will have coverage of 35.5% (same as previously approved, due to the allowances for the porch and ancillary structures). The stable pad is 5,261 square feet and the coverage is proposed at 450 square feet or 8.5%. 12. The disturbed area of the lot is 63,652 square feet or 57.7% of the net lot area, which includes both building pads and will remain. A variance for the disturbance was approved with the 2008 application. c� CONCLUSION 13. In response to justification for the Variance, the applicant states in part that the barbeque is a very small addition and it integrates well into the area. It replaces former barbeque in generally the same location. 14. The project is before the Planning Commission due to the encroachment of the barbeque into the side setback. 15. The property has an existing building pad to the rear that is suitable for a future stable and corral. 16. The RHCA Architectural Committee approved the barbeque and water features. 17. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). "NO FUTURE CONSTRUCTION" CONDITION EXCEPTIONS: Definition: (Sec. 17.12.) "Future Construction", for the purpose of Section 17.46.040 C only, means a condition placed on discretionary development applications where "no modification or further development or construction" is allowed without a Site Plan Review. Except that minor modification and construction consistent with criteria specified in Section 17.46.040C may be approved administratively. Section 17.46.040 C Proceedings The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. Notwithstanding any such condition, if future construction requires a variance or a conditional use permit, a site plan review is not also required. Further, notwithstanding any such condition on a discretionary plan review, the City Manager or designee may, without site plan review, approve the following construction provided that such construction meets the development standards of this title and no discretionary review is otherwise required under this title: 1. Structures ancillary to the primary residence such as trellises, barbecues, fireplaces, fountains, and similar minor amenities where the cumulative total of all such improvements does not exceed 300 square feet; 2. Hardscape improvements, walkways and pathways that do not exceed standards in this title; 3. Garden and decorative walls not to exceed 3' in height; 4. Play areas (excluding sport courts) not to exceed 1,000 square feet in area and which do not require more than a total of 50 cubic yards of dirt; • 5. Similar minor improvements determined by the City Manager or designee to not have greater impacts on the property than those enumerated above. 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