668, Extension to Construct a detac, Resolutions & Approval ConditionsRESOLUTION NO. 2004-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING A
MODIFICATION TO PLANNING COMMISSION RESOLUTION
NO. 2003-21 AND APPROVING AN EXTENSION TO A
PREVIOUS APPROVAL OF A SITE PLAN REVIEW AND
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A
DETACHED GARAGE, AND GRANTING A VARIANCE TO
PERMIT THE GARAGE TO ENCROACH INTO THE SIDE YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 5
PINE TREE LANE (LOT- 94-RH) IN- ZONING CASE NO. 668.
(ULLRICH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Dr. Ullrich with respect to real property
located at 5 Pine Tree Lane (Lot 94-RH), Rolling Hills requesting an extension to
previously approved Site Plan Review, Conditional Use Permit and a Variance to permit
construction of a detached garage.
Section 2. The Commission considered this item at a meeting on November 16,
2004, at which time information was presented indicating that additional time is needed
to commence the planning process for the construction.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 13 of Resolution No. 2003-21,
dated October 21, 2003, to read as follows:
"A. The Site Plan Review, Conditional Use Permit and Variance approvals
shall expire within two years from the effective date of approval, unless work
commences within that time period, as defined in Sections 17.38.070, 17.42.070 and
17.46.080 of the Zoning Ordinance."
Section 4. Except as herein amended, the provisions of Resolution No. 2003-21
shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER.
ROGER SOMMER, CHAIRMAN
ATTEST:
MARILYN KE, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2004-23 entitled:
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO
PLANNING COMMISSION RESOLUTION NO. 2003-21 AND
APPROVING AN EXTENSION TO A PREVIOUS APPROVAL OF A SITE
PLAN REVIEW AND CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION OF A DETACHED GARAGE, AND GRANTING A
VARIANCE TO PERMIT THE GARAGE TO ENCROACH INTO THE
SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE
AT 5 PINE TREE LANE (LOT 94-RH) IN ZONING CASE NO. 668.
(ULLRICH).
was approved and adopted at a regular meeting of the Planning
Commission on November 16, 2004 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Witte and Chairman
Sommer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY CITYCLERK
A
• •
RESOLUTION NO. 2003-21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING APPROVAL
OF. A SITE PLAN REVIEW AND CONDITIONAL USE
PERMIT FOR THE CONSTRUCTION OF A DETACHED
GARAGE, AND GRANTING A VARIANCE TO PERMIT
THE GARAGE TO ENCROACH INTO THE SIDE YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE
AT 5 PINE TREE LANE (LOT 94-RH) IN ZONING CASE
NO. 668. (ULLRICH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. Reinhold Ullrich. with
respect to real property located at 5 Pine Tree Lane, Rolling Hills (Lot 94-RH)
requesting a site plan review and conditional use permit to construct a 484 square
foot detached garage, and a variance to encroach with the garage into the south side
yard setback at an existing single family residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on July 15, 2003, August 19, 2003, and at a field
trip visit on August 5, 2003. The applicant was notified of the public hearings in
writing by first class mail. Evidence was heard and presented from all persons
interested in affecting said proposal and from members of the City staff. The
Planning Commission reviewed, analyzed and studied said proposal. The applicant
and his representative were in attendance at the hearings.
Section 3. There is an existing attached garage, which encroaches into the
side yard setback and the side yard easement. The City is processing a concurrent
application for subdivision of this property. Pursuant_ to City of Rolling Hills
Subdivision requirements and condition of approval for the subdivision from the
Rolling Hills Community Association, the garage must be removed out of the
easement.
Section 4. Originally the applicant proposed a detached garage, which
would be located a long distance from the main residence, however, it would not
encroach into any setbacks. During the field trip, the Commissioners expressed
concerns that the proposed detached garage is too far from the residence and that it
may be difficult to utilize as a garage.
Section 5. The property is currently developed with a 5,346 square foot
residence, a 462 square foot attached garage, 800 square foot swimming pool, and a
96 square foot service yard.
Section 6. The Planning Commission finds that the project qualifies as a
Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land Alteration)
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Ullrich
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and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 7. Section 17.46.030 requires a development plan to be submitted
for site plan review and approval before any development requiring a grading
permit or any building or structure may be constructed or any expansion, addition,
alteration or repair to existing buildings may be made which involve changes to
grading or an increase to the size of the building or structure by at least 1,000 square
feet and has the effect of increasing the size of the building by more than twenty-five
percent (25%) in any thirty-six (36) month period. With respect to the Site Plan
Review application requesting construction of the detached garage, the Planning
Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structures comply
with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code setback requirements with the Variance approved
by this Resolution. The lot , after it has been subdivided, will have a net lot area of
87,991 square feet, as calculated for development purposes. The size of the existing
and proposed structures will be 7,176 square feet, which constitutes 8.2% of the net
lot area, which is within the maximum 20% structural lot coverage permitted. The
total lot coverage including paved areas and driveways will be 19,756 square feet
which equals 22.5% of the net lot, which is within the 35% maximum overall lot
coverage permitted. The proposed project is screened from the road so as to reduce
the visual impact of the development.
B. The project substantially preserves the natural and undeveloped state
of the lot by minimizing building coverage. The topography and the configuration
of the lot, has been considered, and it was determined that the proposed
development will not adversely affect or be materially detrimental to adjacent uses,
buildings, or structures because the proposed construction will be constructed on an
existing building pad, will be the least intrusive to surrounding properties, will be
screened and landscaped with mature trees and shrubs, is of sufficient distance from
nearby residences so that it will not impact the view or privacy of surrounding
neighbors, and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, and is consistent with the scale of the neighborhood when
compared to properties in the vicinity. The proposed garage will follow the pattern
and style of the original residence.
D. The development plan incorporates existing trees and native
vegetation to the maximum extent feasible. Specifically, the development plan will
supplement the existing vegetation with landscaping that is compatible with and
enhances the rural character of the community.
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E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped. The proposed garage is a
substitution to an existing garage and will not increase the lot coverage. Significant
portions of the lot will be left undeveloped. The proposed detached garage will not
be visible from Pine Tree Lane.
F. The development plan preserves surrounding native vegetation and
mature trees and supplements these elements with drought -tolerant landscaping
which is compatible with and enhances the rural character of the community, and
landscaping provides a buffer or transition area between private and public areas.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will not change the existing circulation pattern and will utilize an
existing driveway.
H. The project is exempt from the requirements of the California
Environmental Quality Act
Section 8. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Site Plan Review application
for Zoning Case No. 668 for a detached garage as shown on the Development Plan
dated September 11, 2003 and marked Exhibit A, subject to the conditions contained
in this Resolution.
Section 9. Section 17.16.210(A)(4) of the Rolling Hills Municipal Code
permits approval of a detached garage under certain conditions, provided a
Conditional Use Permit for such use is approved by the Planning Commission. The
applicant is requesting to construct a 484 square foot detached garage. Such garage
will be located on an existing building pad and will encroach five feet into the south
side yard setback. With respect to this request for a Conditional Use Permit, the
Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the construction of a
detached garage would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan and because the use is consistent with similar uses in
the community. The area proposed for the detached garage is the same general area
on the property where a similar use already exists and will not change the existing
configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a detached garage will
not adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the proposed garage will be a replacement of an existing garage,
but at a different location and will not impact the view or privacy of surrounding
neighbors.
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C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the detached garage will comply with
the low profile residential development pattern of the community.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 484 square foot size of the
detached garage is permitted under the Municipal Code, with the Variance as
approved in this Resolution.
E. The proposed conditional use is consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting and siting
criteria for hazardous waste facilities because the project site is not listed on the
current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17
of the Zoning Code because it will not be visible from the road or neighboring
properties. A future stable is proposed on the site.
Section 10. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Conditional Use Permit for the
construction of a 484 square foot detached garage, in accordance with the
development plan dated September 11, 2003 and marked Exhibit A in Zoning Case
No. 668 subject to the conditions contained in this Resolution.
Section 11. Section 17.16.120 requires the side yard setback for every
residential parcel in the RA-S-2 Zone to be thirty-five (35) feet from the side property
line. The applicant is requesting to construct a detached garage, which will encroach
five feet into the side yard setback. With respect to this request for a Variance, the
Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other property or class
of use in the same zone. The Variance request is to replace a structure, which already
encroaches into the side yard setback, with a new legal detached garage. The
topography of the lot together with the fact that the existing residence is located
very close to the setbacks the lot creates, a difficulty in constructing the garage
elsewhere on the property. In addition, the proposed garage is required as a
condition of a lot split.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because the existing terrain and development on the lot creates a difficulty in
placing the garage elsewhere on the property. The proposed detached garage will
minimize the need to grade, as the existing access to the proposed garage will be
utilized.
C. The granting of the Variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity and
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zone in which the property is located. The proposed garage will encroach less into
the side yard setback than the existing garage, which will be demolished. ,
Section 12. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 668 to permit the detached garage to encroach five feet into the side yard
setback, subject to the conditions specified in this Resolution.
Section 13 The Site Plan Review approval regarding the construction of a
detached garage approved in Section 8 of this Resolution, the Conditional Use
Permit regarding the construction of the detached garage approved in Section 10,
the Variance regarding the side yard encroachment of the detached garage approved
in Section 12 of this Resolution are subject to the following conditions:
A. The Site Plan Review, Variance, and Conditional Use Permit approvals
shall expire within one year from the effective date of approval as defined in
Sections 17.38.070(A), 17.42.070(A), and 17.46.080(A) of the Zoning Ordinance unless
otherwise extended pursuant to the requirements of those sections.
B. If any conditions of approval are violated, this approval shall be
suspended and the privileges granted hereunder shall lapse; provided that the
applicants have been given written notice to cease such violation, the opportunity
for a hearing has been provided, and if requested, has been held, and thereafter the
applicant fails to correct the violation within a period of thirty (30) days from the
date of the City's determination.
C. All requirements of the Building Code, the Zoning Ordinance, and of
the zone in which the subject property is located must be complied with, unless
otherwise set forth in this approval.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated September 11, 2003 except as
otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 7,176 square feet or, 8.2% in
conformance with structural lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed 19,756
square feet or 22.5% in conformance with total lot coverage limitations.
0 A G. The disturbed area of the lot shall not exceed 2 , 0 squa e feet or
25.8% in conformance with disturbed area limitations.--
kro �'�, H. Residential building pad coverage on the 15,020 square foot existing
bu residential building pad shall not exceed 6,726 square feet or 44.6%; coverage on the
A k.0
proposed stable pad of 1,125 square feet shall not exceed 40.0%.
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I. Grading for this project shall not exceed 92 cubic yards of cut soil and
92 cubic yards of fill soil. Grading shall be balanced on site and shall preserve the
existing flora to the greatest extent practicable.
J. Prior to issuance of a Building Permit for the proposed detached
garage, the existing attached garage, which encroaches into the side yard setback
and the easement shall be demolished. Further, the construction of the proposed
detached garage and removal of the existing attached garage shall be completed
prior to filing of a Final Map for the subdivision with the City. (Vested Tentative
Parcel Map No. 22333).
K. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
L. During construction, conformance with local ordinances and
engineering practices so that people or property is not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
M. During construction, conformance with the air quality management
district requirements, storm water pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion,
or land subsidence shall be required.
N. During construction, the Erosion Control Plan containing the elements
set forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code
shall be followed to minimize erosion and to protect slopes and channels to control
storm water pollution as required by the County of Los Angeles.
O. During and after construction, all parking shall take place on the project
site.
P. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
Q. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of storm water drainage facilities.
R. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste and storm water pollution
prevention.
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S. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any grading or building permits.
T. Prior to granting a final inspection and/or certificate of occupancy, all
utility lines to the structure shall be placed underground.
U. The City's and the Community Association's requirements related to
outdoor lighting, roofing material and construction and all other requirements shall
be complied with.
V. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review.
W. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance, Conditional Use Permit and Site Plan Review approvals,
pursuant to Sections 17.38.060, 17.42 .060 or the approval shall not be effective.
X. All conditions, when applicable, of the Variances, Conditional Use
Permits and Site Plan Review approvals must be complied with prior to the issuance
of a grading or building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER 2003.
AR`L WITTE, CHAIRMAN
ATTEST:
MARILYN KE1ZN, DEPUTY CITY CLERK
Reso. 2003-21
Ullrich
• •
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS)
§§
I certify that the foregoing Resolution No. 2003-21 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND CONDITIONAL
USE PERMIT FOR THE CONSTRUCTION OF A DETACHED GARAGE, AND
GRANTING A VARIANCE TO PERMIT THE GARAGE TO ENCROACH INTO
THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE AT 5
PINE TREE LANE (LOT 94-RH) IN ZONING CASE NO. 668. (ULLRICH).
was approved and adopted at a regular meeting of the Planning Commission on
October 21, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer
and Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2003-21
Ullrich
DEPUTY CI CLERK
8