738, Relocate existing garage adjac, Resolutions & Approval ConditionsRESOLUTION NO. 2007-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A
VARIANCE TO CONSTRUCT A TWO CAR GARAGE THAT
WOULD ENCROACH INTO THE SIDE SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
738 AT 5 PINE TREE LANE (LOT 94-RH), (ULLRICH).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Dr. Reinhold Ullrich. with
respect to real property located at 5 Pine Tree Lane, Rolling Hills (Lot 94-RH)
requesting a Variance to construct a 484 square foot attached garage that would
encroach up to five feet 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 application on January 16, 2007. The applicant was
notified of the public hearing 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 hearing.
Section 3. There is an existing attached garage, which encroaches into
the side yard setback and the side yard easement. The applicant processed a A
tentative parcel map 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. The proposal therefore, is to relocate the garage
closer to the residence.
Section 4. Previously the applicant applied for and was granted a Site
Plan Review, Variance and a Conditional Use Permit approvals in Zoning Case
No. 668 to construct a 484 square foot detached garage, which would encroach
between five (5) to seven (7) feet into the required side yard setback. The existing
garage was to be demolished. The garage was not constructed and the approval
expired in November 2006. In order to proceed with finaling of the subdivision
application, the existing garage must be moved out of the easement.
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 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 7. 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 an attached 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
attached garage. The topography of the lot together with the fact that the existing
residence is located very close to the setbacks on the lot creates a difficulty in
constructing the garage elsewhere on the property. In addition, as a condition of
a lot split it is required that the existing garage be relocated.
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 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.
D. 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 Variance for Zoning Case
No. 738 to permit the relocated attached garage to encroach five feet into the side
yard setback, 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
17.38.070 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 thereunder 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 Codes, the
Zoning Ordinance, and of the zone in which the subject property is located must
be complied with unless otherwise set forth in the Permit, or shown otherwise on
an approved plan. This shall include, but not be limited to, the requirements of
the Lighting Ordinance, Roof Covering Ordinance, Undergrounding of utilities
Ordinance and others.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated January 10,
2007, except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 7,224 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.
G. The disturbed area of the lot shall not exceed 22,700 square feet or
25.8% in conformance with disturbed area limitations.
H. Residential building pad coverage on the 16,145 square foot
existing residential building pad shall not exceed 6,774 square feet or 41.9%;
coverage on the proposed stable pad of 1,125 square feet shall not exceed 40.0%.
I. No grading is required for this construction.
J. Prior to issuance of a Building Permit for the proposed garage, the
existing attached garage, which encroaches into the side yard setback and the
easement shall be demolished. Further, the construction of the proposed garage
and removal of the existing garage shall be completed prior to applying for a
Final Map for the subdivision with the City. (Vested Tentative Parcel Map No.
22333).
K. All utility lines to the residence and garage shall be placed
underground.
L. The roof for the garage shall meet City and RHCA requirements of
Class "A" material and Class "A" construction and shall be approved by the
RHCA. If the roof on the residential structure does not meet City and RHCA
requirements, then the entire roof shall be replaced.
M. The property on which the project is located shall contain a set
aside area to provide an area meeting all standards for a stable, corral with access
thereto.
N. Perimeter easements shall remain free and clear of any
improvements including, but not be limited to, fences -including construction
fences, grading (both cut and fill), landscaping, irrigation and drainage devices,
play equipment, parked vehicles, building materials, debris and equipment,
unless otherwise approved by the Rolling Hills Community Association.
O. No irrigation or drainage device may be located on a property in
such a manner as to contribute to erosion or in any way adversely affect an
easement or a trail.
P. Landscaping shall be designed using mature trees and shrubs so as
not to impede views of neighboring properties but to screen the structure. Any
new trees and shrubs planned to be planted in conjunction with this project shall,
at maturity, not be higher than the ridge height of the residence.
Q. Landscaping shall include water efficient irrigation, that
incorporates a 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.
R. 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.
S. During construction, conformance with the air quality management
district requirements, 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 shall be required.
T. 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.
U. If an above ground drainage design is utilized, it shall be designed
in such a manner as not to cross over any equestrian trails. Any drainage system
shall not discharge water onto a trail, shall incorporate earth tone colors,
including in the design of the dissipater and be screened from any trail and
neighbors views to the maximum extent practicable, without impairing the
function of the drain system.
V. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Health Department
requirements for the installation and maintenance of stormwater drainage
facilities.
W. 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.
X. The project shall be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance
of any permit.
Y. 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.
Z. Prior to issuance of building permits, the applicants shall execute
and record an Affidavit of Acceptance of all conditions of this Variance approval,
or the approval shall not be effective.
AA. All conditions of this Variance approval, which apply, must be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF FEBRUARY F07.
ARVEL WITTE, CHAIRMAN
ATTEST:
MARILYN KE ZN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2007-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A
VARIANCE TO CONSTRUCT A TWO CAR GARAGE THAT
WOULD ENCROACH INTO THE SIDE SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
738 AT 5 PINE TREE LANE (LOT 94-RH), (ULLRICH).
was approved and adopted at a regular meeting of the Planning Commission on
February 20, 2007 by the following roll call vote:
AYES: Commissioners Hankins, DeRoy, Sommer and Chairman Witte.
NOES: None.
ABSENT: Commissioner Henke.
ABSTAIN: None
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK