Loading...
738, Relocate existing garage adjac, Staff Reports• o No lli n flat 50TH ANNIVERSARY 1957 - 2007 DATE: MARCH 12, 2007 INCORPORATED JANUARY 24. 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX: (310) 377-7288 Agenda Item No.: 4-B Mtg. Date: 3/12/07 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION 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). REQUEST AND RECOMMENDATION 1. The applicants request a Variance to construct a 484 square foot attached garage, which would encroach up to five feet into the required 35-foot side yard setback to replace an existing garage at an existing single family residence. 2. It is recommended that the City Council receive and file this report or provide other direction to staff. BACKGROUND 3. The Planning Commission adopted Resolution No. 2007-04, which is attached, on February 20, 2007 at the regular meeting granting approval in Zoning Case No. 738. The vote was 4-1. Commissioner Henke was absent. 4. The existing garage encroaches into the side yard setback and into the side yard easement. As part of the subdivision approval it was required that the existing garage be removed from the easement and that if the removal or relocation of the garage involves encroachment into any setback that a Variance for the encroachment be applied for. (Tentative Parcel Map was approved in 2003). ZC No. 738 Printed on Reg cled Paper • • 4 5. Subsequently, the applicants applied for and were granted approvals for a Site Plan Review to construct a 484 square foot new detached garage, Variance to encroach between five (5) to seven (7) feet into the required side yard setback and . a Conditional Use Permit for the detached garage. -The existing garage was to be demolished. 6. 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 and a new garage constructed. This request is for such a garage. 7. An area for a future 450 square foot stable and 550 square foot corral has been set aside to the east (rear) of the residence during the subdivision process and is not proposed to be changed. MUNICIPAL CODE COMPLIANCE 8. The property is zoned RAS-2. When the subdivision map is finaled and recorded, the lot will be 2.02 acres net (87,991 sq.ft.). 9. The structural lot coverage, including the future stable will be 7,224 square feet or 8.2%, which is within the allowable 20% maximum. The total lot coverage (including all structures and paved areas) is proposed at 19,756 square feet or 22.5%, (35% maximum permitted). These calculations are based on the area of the lot as if the lot was subdivided. 10. The disturbed area of the lot is proposed to be 22,700 square feet or 25.8%, including the future stable, (40% maximum permitted). 11. No grading, other than excavation for footings, will be required for the garage. 12. There is one, 16,145 square foot building pad outside of the setback areas, developed with the main residence, garage, pool, pool equipment and a service yard. The building pad coverage on this pad is proposed to be 6,774 square feet or 41.9%. The future stable building pad is proposed to be 1,125 square feet for coverage of 40.0%. 13. Utilities to the residence and garage will be placed underground and it is required that the roof material meet City and RHCA standards. OTHER AGENCIES REVIEW 14. The Rolling Hills Community Association will review this project at a later date. 15. The project is exempt from CEQA requirements. ZC No. 738 T Tl l r4,h 7 • • ZONING CASE NO. 738 These calculations are based on the lot area as if the lot was subdivided 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 for grading requiring a grading permit, any new structure or 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) RESIDENTIAL BUILDING PAD COVERAGE FUTURE STABLE PAD COVERAGE 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; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS (maximum 25% slope) ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC No. 738 I TIh4,.h EXISTING Existing residence with garage and pool Residence Garage Swim Pool/Spa Pool equip. Service Yard 5346 sq.ft. 462 sq.ft. 800 sq.ft. 48 sq.ft. 96 sq.ft. Total 6,752 sq.ft. N/A N/A 19.1% none none IExisting from Pine Tree Lane N/A N/A PROPOSED Variance to encroach into the side yard setback with a new garage Residence Garage Swim Pool/Spa Pool equip. Service Yard Stable -future Total 5346 sq.ft. 484 sq.ft. 800 sq.ft. 48 sq.ft. 96 sq.ft. 450 sq.ft. 7,224 sq.ft. 8.2% of 87,991 sq.ft. net lot area 122.5% 41.9. % 40.0% None 25.8% (22,700 sq.ft.) 450 sq.ft. future 550 sq.ft. future Future from Pine Tree Lane No change is proposed Planning Commission condition Planning Commission condition • 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. 738 T T11,4 4, d • RESOLUTION 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 ':J • • 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 Ivith 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 2007. ARVEL WITTE, CHAIRMAN ATTEST: MARILYN KEYZN, 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. fig e1 -C.A,A / " DEPUTY CITY CLERK 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • it P "" g • INC( )kr o1P.{ED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX:(310)377-7288 FEBRUARY 20, 2007 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 738 5 PINE TREE LANE, (LOT 94-RH) RA-S-2, 5.14 ACRES GROSS, (AFTER SUBDIVISION 2.63 ACRES GROSS) DR. AND MRS. R. ULLRICH MR. DOUGLAS McHATTIE, BOLTON ENGINEERING JANUARY 6, 2007 Request for a Variance to construct a garage that would encroach into the side yard setback at an existing single family residence. BACKGROUND 1. At the January 16, 2007 Planning Commission meeting the Commission directed staff to prepare a Resolution approving the proposed project. The vote was unanimous. 2. The attached Resolution No. 2007-04 contains standard findings of facts and conditions, including conditions that the construction of the proposed garage and removal of the existing garage be completed prior to applying for a Final Map for the subdivision, (Vested Tentative Parcel Map No. 22333), that no drainage devices be located in easements and that easements be kept clear. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007-04 approving this development. Printed on Recycled Paper • • RESOLUTION 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. oJ- • • 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 2007. ARVEL WITTE, CHAIRMAN ATTEST: MARILYN KERN, 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 OE 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK • Cu 0/ ie0tt4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com DATE: JANUARY 16, 2007 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO:738 SITE LOCATION: 5 PINE TREE LANE, (LOT 94-RH) ZONING AND SIZE: RA-S-2, 5.14 ACRES GROSS, (AFTER SUBDIVISION 2.63 ACRES GROSS) APPLICANT: DR. AND MRS. ULLRICH REPRESENTATIVE: MR. DOUGLAS McHATTIE, BOLTON ENGINEERING PUBLISHED: JANUARY 6, 2007 REOUEST Request for a Variance to construct a garage that would encroach into the side yard setback at an existing single family residence. BACKGROUND 1. The applicants request a Variance to construct a 484 square foot attached garage, which would encroach up to five feet into the required 35-foot side yard setback at an existing single family residence. 2. There is an existing garage on the property that encroaches into the side yard setback and into the side yard easement. In 2003 a subdivision application for subject lot was granted. As part of the subdivision approval it was required that the existing garage be removed from the easement and that if the removal or relocation of the garage involves encroachment into any setback that a Variance for the encroachment be applied for. 3. Subsequently, the applicants applied for and were granted a Site Plan, 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. ZC No. 738 r i0 ®f'rn rtutl cin f;�•cvr:I,' I I'n1 �r:r • • 4. The property is zoned RAS-2 and consists of 5.14 acres gross. The net lot area is 186,946 square feet (4.29 acres). When subdivided, the lot will be 2.02 acres net (87,991 sq.ft.). Records show that the original house with an attached garage was built in 1936. Tn 1954 the garage was converted to a playroom, and a new garage was constructed. In 1962 the pool was constructed and in 1973 substantial addition (2,000 square feet) and remodel took place. 5. The structural lot coverage, including the future stable will be 7,224 square feet or 8.2%, which is within the allowable 20% maximum. The total lot coverage (including all structures and paved areas) is proposed at 19,756 square feet or 22.5%, (35% maximum permitted). These calculations are based on the area of the lot as if the lot was subdivided. 6. The disturbed area of the lot is proposed to be 22,700 square feet or 25.8%, including the future stable, (40% maximum permitted). 7. No grading, other than excavation for footings, will be required for the garage. 8. Currently there exists one, 16,145 square foot building pad, outside of the setback areas, developed with the main residence, garage, pool, pool equipment and a service yard. The building pad coverage on this pad is proposed to be 6,774 square feet or 41.9%. The future stable building pad is proposed to be 1,125 square feet for coverage of 40.0%. 9. An area for a future 450 square foot stable and 550 square foot corral has been set aside to the east (rear) of the residence. 10. Utilities to the residence and garage will be placed underground. 11. The Rolling Hills Community Association will review this project at a later date. 12. The project is exempt from CEQA requirements. RECOMMENDATION It is recommended that the Planning Commission review the staff report, open the public hearing, take public testimony and provide direction to staff. ZC No. 738 ZONING CASE NO. 738 These calculations are based on the lot area as if the lot was subdivided 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 for grading requiring a grading permit, any new structure or 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) RESIDENTIAL BUILDING PAD COVERAGE FUTURE STABLE PAD COVERAGE 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; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist. STABLE (450 SQ.FT. & 550 SQ.FT. CORRAL) STABLE ACCESS (maximum 25% slope) ROADWAY ACCESS VIEWS PLANTS AND ANIMALS ZC No. 738 1 Tllrirh EXISTING Existing residence with garage and pool Residence Garage Swim Pool/Spa Pool equip. Service Yard 5346 sq.ft. 462 sq.ft. 800 sq.ft. 48 sq.ft. 96 sq.ft. Total 6,752 sq.ft. 7.7% 19.3% 41.9% N/A N/A 19.1% none none Existing from Pine Tree Lane N/A N/A PROPOSED Variance to encroach into the side yard setback with a new garage Residence Garage Swim Pool/Spa Pool equip. Service Yard Stable -future Total 5346 sq.ft. 484 sq.ft. 800 sq.ft. 48 sq.ft. 96 sq.ft. 450 sa.ft. 7,224 sq.ft. 8.2% of 87,991 sq.ft. net lot area 22.5% 41.9. % 40.0% None 25.8% (22,700 sq.ft.) 450 sq.ft. future 550 sq.ft. future Future from Pine Tree Lane No change is proposed I 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. 738