582, Construct pool with encroachme, Resolutions & Approval ConditionsRESOLUTION NO. 98-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS DENYING A VARIANCE TO PERMIT THE
CONSTRUCTION OF A SWIMMING POOL THAT WILL ENCROACH
INTO THE SIDE YARD SETBACK AND GRANTING A REQUEST
FOR MODIFICATIONS TO AN APPROVED SITE PLAN FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO
REPLACE AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING
CASE NO. 582.
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. and Mrs. Todd Lanman
with respect to real property located at 1 Packsaddle Road East (Lot 24-SF) requesting
a Variance to encroach into the side yard setback to permit the construction of a
swimming pool, requesting a Variance to exceed the maximum disturbed area
requirement, and requesting Site Plan Review modification of a previously
approved single family residential development. During the hearing process, the
applicants proposed the reduction of the height of the residence, reduction of the
area of disturbance, omission of a retaining wall behind the residence, and a minor
grading increase which thereby allowed the applicants to withdraw their request for
a Variance to exceed the maximum disturbed area requirement.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on June 16, 1998 and July 21, 1998, and at a field
trip visit on July 13, 1998.
Section 3. The Planning Commission finds that the project qualifies as a
Class 2 Exemption [State CA Guidelines, Section 15302] and is therefore categorically
exempt from environmental review under the California Environmental Quality
Act.
Section 4. 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.
Section 17.16.120(A) requires a side yard setback for every residential parcel in the
RA-S-1 zone to be twenty (20) feet. The applicant is requesting to construct a 630
square foot swimming pool which will encroach a maximum of four (4) feet into
the side yard setback. With respect to this request for a Variance, the Planning
Commission finds as follows:
RESOLUTION NO. 98-17
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A. There are no exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply
generally to the other property in the same vicinity and zone. The variance is not
necessary because there are other locations on the lot for the swimming pool. In
addition, the maximum disturbed area for this property would be 39.55% of the net
lot area which the Commission finds excessive and exceeds the maximum disturbed
area of most properties in the vicinity so that the proposed expansion of the
building pad for the swimming pool is not appropriate for the property.
B. The Variance is not 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 because a new residence is being
constructed and there are other locations on this relatively flat lot for the swimming
pool.
C. The granting of the Variance will 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 because the construction of a swimming pool
that encroaches into setbacks does not minimize structural coverage on the pad,
leaves little open space between property lines and would result in overexpansion
of the building pad on this relatively flat lot.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby denies the request for a Variance approval for the construction of a
swimming pool that will encroach into the side yard setback in Zoning Case No. 582.
Section 6. Section 17.46.020 requires a development plan to be submitted
for site plan review and approval before any building or structure may be
constructed or any expansion, addition, alteration or repair to existing buildings or
structures, which involve changes to grading or an increase in 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 or structure by more than twenty-five percent (25%) in any
thirty-six month period, may be permitted. With respect to the Site Plan Review
application, the Planning Commission makes the following findings of fact:
A. The proposed development, as modified by the conditions of approval,
is compatible with the General Plan, the Zoning Ordinance and surrounding uses
because the proposed structure complies 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, and lot
coverage requirements. The lot has a net square foot area of 56,455 square feet. The
proposed residence (7,634 sq. ft.), garage (1,007 sq. ft.), stable (470 sq.ft.), swimming
pool k630 sq.ft.), and service yard (120 sq.ft.) will have 9,861 square feet which
constitutes 17.47% of the lot which is within the maximum 20% structural lot
coverage requirement. The total lot coverage including paved areas and driveway
RESOLUTION NO. 98-17
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will be 17,833 square feet which equals 31.59% of the lot, which is within the 35%
maximum overall lot coverage requirement.
B. The proposed development, as modified by the conditions of approval,
preserves and integrates into the site design, to the maximum extent feasible,
existing natural topographic features of the lot including surrounding native
vegetation, mature trees, drainage courses, and land forms.
C. The development plan, as modified by the conditions of approval,
follows natural contours of the relatively flat site to minimize grading. The natural
drainage courses will be preserved and continue drainage to the canyons at the
northwestern side of this lot.
D. The development plan will, based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the
community.
E. The development plan, as modified by the conditions of approval,
substantially preserves the natural and undeveloped state of the lot by minimizing
building coverage because the new structures will not cause the structural and total
lot coverage to be exceeded. Further, the proposed project will have a residential and
total buildable pad of 37,005 square feet with a 26.65% pad coverage.
F. The proposed development, as modified by the conditions of approval,
is harmonious in scale and mass with the site, the natural terrain and surrounding
residences. As indicated in Paragraph A, the lot coverage maximum will not be
exceeded. The proposed project will be located on a relatively flat lot that is also
consistent with the scale of other homes in the immediate neighborhood. Grading
will be minor and required only to restore the natural slope of the property. The
ratio of the proposed structures to lot coverage is similar to the ratio found on
several properties in the vicinity.
G. The proposed development, as modified by the conditions of
approval, is sensitive and not detrimental to convenience and safety of circulation
for pedestrians and vehicles because the proposed project will provide a safer
driveway accessway.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 582 for a
proposed residential development as indicated on the development plan
incorporated herein as Exhibit A, subject to the following conditions:
RESOLUTION NO. 98-17
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4
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A. This Site Plan approval shall expire within one year from the effective
date of approval if construction pursuant to these approvals has not commenced
within that time period, as required by Section 17.46.080.
B. It is declared and made a condition of this Site Plan approval, that if
any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the applicant has been
given written notice to cease such violation and has failed to do so for a period of
thirty (30) days.
C. All requirements of the Buildings 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 the Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated July 27, 1998, and marked Exhibit A, except as
otherwise provided in these conditions.
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
approved with this application.
F. The finished floor elevation of the residential building pad shall not
exceed 1112.5 feet.
G. The swimming pool shall not encroach into any required setbacks.
H. Grading for the project shall not exceed 537 cubic yards of cut soil and
537 cubic yards of fill soil, allowing for shrinkage of the soil when it is compacted.
I. The proposed basement (to be used as an equipment room) shall not
exceed 822 square feet.
J. The residential and total building pad coverage shall not exceed
26.65%.
K. The maximum disturbed area shall not exceed 39.55% of the net lot
area.
L. The new driveway apron shall be 24 feet in width.
M. No shrubs shall be planted adjacent to the driveway which will
obstruct either a driver's view from the driveway or the view of vehicles exiting the
property from the roadway.
RESOLUTION NO. 98-17
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N. The applicants may modify the new driveway location no more than 5
feet from the proposed location (a distance of 47 feet north of its existing location) if
the applicant desires to salvage the Eucalyptus tree located on the property. The old
driveway shall be abandoned and returned to a non -useable natural condition.
O. Landscaping shall be provided and maintained to obscure the buildings
and the building pad with native drought -resistant vegetation that is compatible
with the surrounding vegetation of the community.
P. 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. Cut and fill slopes shall not exceed a
steepness of a 2 to 1 slope ratio.
Q. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
R. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the project which would constitute additional
development shall require the filing of a new application for approval by the
Planning Commission.
S. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Site Plan approval, or the approvals shall not be effective.
T. All conditions of the Site Plan approval that apply must be complied
with prior to the issuance of a building or grading permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED /HIS 18T
/
AOF AUGUST, 1998.
ALLAN ROBERTS, CHAIRMAN
ATTEST:,
MARILYN KERN DEPUTY CITY CLERK
RESOLUTION NO. 98-17
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 98-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS DENYING A VARIANCE TO PERMIT THE
CONSTRUCTION OF A SWIMMING POOL THAT WILL ENCROACH
INTO THE SIDE YARD SETBACK AND GRANTING A REQUEST
FOR MODIFICATIONS TO AN APPROVED SITE PLAN FOR THE
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO
REPLACE AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING
CASE NO. 582.
was approved and adopted at a regular meeting of the Planning Commission o n
August 18, 1998 by the following roll call vote:
AYES:
NOES:
Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
None.
ABSENT: None.
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 98-17
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