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725, Addition to SFR with encroachm, Staff Reports• • Cry 50TH ANNIVERSARY 1957 - 2007 DATE: APRIL 15, 2008 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310)377-1521 FAX: (310) 377.7288 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. ZONING CASE NO. 725 J SITE LOCATION: 9 PACKSADDLE ROAD EAST (LOT 28-EF) ZONING AND SIZE: RA-S-1, 1.8 ACRES (GROSS) APPLICANT: MR. GIOVANNI NEGRI REPRESENTATIVE: DOUGLAS MCHATTIE, BOLTON ENGINEERING REQUEST 1. Attached is a letter from Mr. Giovanni Negri, property owner, requesting two year time extension for a previously approved project at 9 Packsaddle Road East, for a Variance to permit construction of an addition, a portion of which would encroach into the front setback; request for a Variance to locate a service yard in the front setback and not to exceed 3-foot walls in the front and side setbacks and a Variance from the requirement that an area for a future stable and corral be set aside or that a stable and corral be constructed in conjunction with this application, at an existing single family residence. 2. The Planning Commission approved this project by Resolution 2006-08 on June 20, 2006. Pursuant to the Zoning Ordinance, approvals are valid for two years and are effective 30-days after Planning Commission adoption of a Resolution. The Planning Commission may grant up to a maximum of two -years extension. 3. The applicant states that due to health reasons the project did not start. If the maximum time is granted, the new expiration date to commence work would be July 20, 2010. RECOMMENDATION It is recommended that the Planning Commission review the request and consider Resolution No. 2008-07, which is attached. ® Printed on Recycled Paper A i (2 u 2008 April 7, 2008- Yolanta Schwartz Planning Director City of Rolling Hills No. 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Dear Ms. Schwartz. Enclosed please find a check for $200 for extension of Zoning Case #725. Due to health reasons, I was not able to commence construction. Please feel free to call me at (310) 916-3945 if you have any questions. rely, vanni Negri 9 Packsaddle Rd. E. Rolling Hills, CA 90274 RESOLUTION NO. 2008-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2006-08, A RESOLUTION GRANTING APPROVAL OF A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3-FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6-GF), (NEGRI). 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 Mr. Giovanni Negri with respect to real property located at 9 Packsaddle Road East, Rolling Hills (Lot 28-EF) requesting a two year time extension for previously approved Variances for 987 square foot addition to the existing residence and garage, of which approximately 490 square feet would encroach into the front setback; an encroachment with the service yard into the front setback; an encroachment with less than 3-foot walls into the front and side yard setbacks and a Variance from the requirement that an area (1,000 sq.ft.), for a future stable and corral be set aside with any future application. Section 2. The Commission considered this item at a meeting on April 15, 2008 at which time information was presented indicating that additional time is needed to process the development application. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 8 of Resolution No. 2006-08, dated April 15, 2006, to read as follows: A. The Variances approvals shall expire within four years from the effective date of approval as defined in Section 17.38.070. Except that the Variance from the requirement that an area be set aside for a future stable and corral shall be applicable to the property for life, except as specified in subparagraph "B" of Resolution 2006-08. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2006-08 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF APRIL 2008. ROGER SOMMER, 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. 2008-07 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2006-08, A RESOLUTION GRANTING APPROVAL OF A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3-FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6-GF), (NEGRI). was approved and adopted at a regular meeting of the Planning Commission on April 15, 2008 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 • Cii, o/ R0//1 • 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 Agenda Item No.: 4A Mtg. Date: 6/26/06 DATE: JUNE 26, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: RESOLUTION NO. 2006-08. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3-FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6-GF), (NEGRI). BACKGROUND 1. The Planning Commission adopted Resolution No. 2006-08, which is attached, on June 20, 2006 at their regular meeting granting approval in Zoning Case No. 725. -The vote was 4-0-1. Commissioner Henke was absent. The Resolution of approval includes a condition that any future development or grading shall be reviewed and approved by the Planning Commission, except that a swimming pool and a spa not to exceed 600 square feet that is administratively approvable (no grading or encroachments and not cause exceedance of the development standards) be allowed to be constructed. 2. The applicant proposes to construct 789 square foot addition to the existing residence and 198 square foot addition to the existing garage for a total of 987 ZC No. 725 Maori Printed on Recycled • • square feet additions, of which 490 square feet would encroach up to 27 feet into the front setback, which requires a Variance. The property owner is also seeking a Variance to construct a service yard in the front setback and not to exceed 3-foot walls in the front and side setbacks, and a Variance to not to set aside an area for a future stable and corral or construct a stable and corral in conjunction with this application. The proposed addition would follow the line of existing encroachment. A 250 square foot attached trellis is also proposed. When completed, the residence would be 3,466 square feet with a 719 square foot garage. 3. The Commission specifically addressed that this is the first request considered by the City for a Variance from the requirement that an area be set aside for a stable and corral and determined that by granting this Variance the City is not setting a precedent for similar requests in the future because it makes its determination on the unique characteristics of this property and the current circumstances. Further, the Planning Commission found that the proposed addition to the residence or the future pool are not the cause for the inability to set aside an area for a stable and corral on this property because the existing building pad could not accommodate a stable and corral that would meet Health Department and City requirements that a stable and corral be located not less than 35 feet to residential structure. Further, the slope behind the existing building pad is greater than 25%, and any construction on such slope would violate the City's requirement that no stable, corral or access thereto maybe constructed on slopes greater than 25%. The Commission determined that these circumstances currently exist and the proposed project does not create the inability nor contribute to these circumstances that necessitate the Variances. 4. The Planning Commission considered the request for the Variances and reviewed the parking situation in the neighborhood, the shape of the existing structure, the encroachment of the existing residence and garage into the setbacks and the severe slope behind the existing building pad. The Planning Commission, after lengthy consideration and discussion, came to the conclusion that the configuration of the existing structures and the topography of the lot could not support a garage addition elsewhere on the lot and could not support the construction of a stable and corral without substantial grading and importation of soil. 5. The existing swimming pool will be demolished and filled in to allow for the construction of the addition. During the Planning Commission proceedings, the applicant requested to construct a 600 square foot pool with spa on the existing building pad, which would be administratively approvable, (no grading or encroachments and not cause exceedance of the development standards). 6. The property is zoned RAS-1 and consists of 1.8 acres (78,409 square feet, not including the roadway easement). The lot is developed with a 2,677 square foot residence, 521 square foot garage, and a 484 square foot swimming pool with 56 square foot pool equipment. 7. In March 1996, the Planning Commission approved a Variance to encroach with a proposed 82 square foot addition into the front setback as well as to locate ZC No. 725 Navri 2 (�J the service yard and a wall in the front setback. The addition and the service yard were not constructed. 8. The existing residence and garage were built in 1960 and the pool in 1973. Approximately 760 square feet of the existing residence and garage currently encroach up to 27 feet into the front setback, the service yard and several 2-3 foot walls also encroach into the front and side setbacks. The property was developed at a time when the front setback requirement was 30 feet from the roadway easement. 9. The applicant proposes to remove approximately 72 feet of existing walls, which are located in the front and side setbacks and to construct 59 feet of new not to exceed 3-foot walls to accommodate the construction of the service yard and the addition. Such walls would also be located in the front and side setbacks, which require a Variance. Pursuant to the Zoning Ordinance setbacks shall be clear of structures, except that not to exceed 3-foot walls necessary for drainage purposes, as determined by the Building and Safety Department and not to exceed 3-foot walls along driveways, walkways and stairs may be constructed in setbacks. 10. The applicant is also seeking a Variance from Section 17.16.170 of the Zoning Ordinance, which states that "Every lot or parcel in the RA-S zone for which a discretionary approval is required by this title in connection with the construction of a new single family residence, the addition to an existing single family residence, the construction of an accessory structure and the construction of a pool shall have an area developed with or set aside as follows: A. Combination stable and corral area that complies with the criteria set forth in Section 17.16.200A of this Chapter; B. A vehicular accessway to the stable and corral area for delivery of feed and removal of waste that does not exceed a slope of 25%". Section 17.16.200A of the Zoning Ordinance specifies the size and location of the required stable and corral. 11. The property is located at the end of a cul-de-sac, is irregular in shape and the slope descends beyond the building pad area in a southeasterly direction into a canyon. The rear of the property borders the City of Rancho Palos Verdes. The gradient of the slope varies, and is on the average between 45% and 62%. The applicant's representative states that due to the topography of the lot, no structure could be constructed below the existing building pad. 12. No grading is required for this project. The additions will be constructed on an already disturbed pad. 13. The existing driveway and driveway approach from Packsaddle Road East will remain. The applicant is also proposing to construct a parking area along the westerly property line, which will be covered with Grass Crete. ZC No. 725 Naori • • 14. The net lot area of the lot is 70,309 square feet. The structural lot coverage proposed is 4,531 square feet or 6.4% of the net lot area, which includes all of the structures, but excludes the existing swimming pool and pool equipment, which are proposed to be removed, (20% permitted). The total lot coverage proposed, including structures and flatwork is 8,531 square feet or 12.1% of the net lot area, (35% permitted). The addition of a new pool/spa of 600 square feet will not cause exceedance of the maximum permitted development standards. 15. There exists one residential building pad on the property. No grading or expanding of the building pad is proposed. The existing residential building pad, not in setbacks, is 6,438 square feet and will have coverage of 4,281 square feet or 66.5%, (this does not include the attached trellis). Currently, the building pad coverage is 59.5%. 16. The disturbed area of the lot is 14,182 square feet or 20.2% of the net lot area, and will not change with the proposed additions. 17. In response for justification for the Variance request for the encroachment with the addition into the front setback, the applicant's representative states that the lot is developed in such a way that the existing structure already encroaches into the front setback and that due to the topography of the lot and configuration and shape of the existing residence the proposed construction, out of necessity, must be located in the front setback. In response for justification for the Variance request for the encroachment with the service yard and walls into the setbacks, the applicant's representative states that in order to meet the requirement for a service yard and due to the location of the existing driveway, the service yard must be located in the front setback. The walls are necessary to allow for the construction of the service yard and the addition. In response for justification for the Variance request for not to set aside or construct a stable and corral in conjunction with this application, the applicant's representative states that the topographical constraints of the lot prevent the required construction of the stable and corral. The slope beyond the existing building pad is too steep for any construction. The slope descends to a canyon at a gradient of between 45% and 62%. The City requires that no stable or corral be located in an area of the lot where the slope is greater than four to one (25%). In addition, there is no place on the existing building pad to place a stable and corral, that would meet the City's and Health Department's setback requirement that a stable and corral be located not less than 35 feet to residential structure. 18. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 19. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meets City standards. 20. The Rolling Hills Community Association will review the project at a later date. ZC No. 725 NPari 4 • • RECOMMENDATION It is recommended that the City Council receive and file this staff report or provide other direction to staff. ZC No. 725 Maori 5 ZONING CASE NO. 725 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% maximum guideline) 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 (minimum 450 sa. ft.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence, which encroaches into the front yard setback Residence 2677 sq.ft. Garage 521 sq.ft Stable 0 sq.ft. Service 96 sq.ft. Yd. Pool 484 sq.ft. Pool eqp. 56 sq.ft. TOTAL 3,834 sq.ft 5.5% PROPOSED Additions, a portion of which would encroach into the front yard setback, walls and service yard in front/side setbacks and Variance from requirement for a stable Residence Garage Stable Service Yd. Trellis TOTAL 3466 sq.ft 719 sq.ft 0 sq.ft. 96 sq.ft 250 sq.ft. 4,531 sq.ft 6.4% of 70,309 sq.ft. net lot area 9.7% 12.1% of 70,309 sq.ft. net lot area 58.1% N/A 20.2% N/A N/A Existing from Packsaddle Rd. E. N/A N/A 66.5% of 6,438 sq.ft. residential building pad (not including the trellis) None 20.2% Request for a Variance Request for a Variance Existing from Packsaddle Rd. E. Planning Commission condition Planning Commission condition NOTE: THIS CHART DOES NOT INCLUDE CALCULATIONS FOR A FUTURE POOL ZC No. 725 Naari 6 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. NEARBY PROPERTIES For information purposes only ADDRESS 2 Packsaddle E. 3 Packsaddle E. 6 Packsaddle E. 5 Packsaddle E. 11 Packsaddle E. 7 Packsaddle E. AVERAGE* 9 Packsaddle Rd. E. OWNER Fuller Cioffi Murrel Rutgers Clark Straub Negri RESIDENCE In square feet 5,088 5,317 4,571 3,685 6,485 Existing 2,598; Recently Approved 3,252 4,624 (4,733 with recently approved addition at 7 Packsaddle Rd. E.) Existing 2,677 Proposed 3,466 LOT AREA (excl. road) 48,787 55,756 83,200 121,968 226,995 88,862 104,261 78,409 *Not including the largest parcel, 11 Packsddle Road E., the average residence would be 4,252 sq.ft. (4,383 w/ the recently permitted additions at 7 Packsaddle E.) and the average net lot area would be 79,714 sq.ft. SOURCE: Assessors' Records and City records The above calculations do not include garages. ZC No. 725 Naori 73 • • Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 l Rolling Hills Estates, CA 90274 a3Tllntel (310) 5 4-6010 fax (310) 544-0458 JUN 1 `. 2006 ' CITY OF ROLLING HILLS By TO ~ JJdd Loren Deroy Chairperson Rolling Hills Planning Commission, 2 Portuguese Bend Road, Rolling Hills, CA 90274. Dear Ms. Deroy, On behalf of our client Giovanni Negri, 9 Packsaddle Road East, I am respectfully requesting permission to allow administrative approval of a pool and spa approximately 600 square feet to be constructed on the property. This would be a replacement pool, east of the existing pool and would of course be subject to the Los Angeles County — Building and Safety requirements, Douglas K . McHattie, Vice President. onvok 'J 8EIJ'TLLO9L Ib:LT 9OOZ/IT/9O t RESOLUTION NO. 2006-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3-FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6-GF), (NEGRI). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Giovanni Negri with respect to real property located at 9 Packsaddle Road East, Rolling Hills (Lot 28- EF) requesting a 987 square foot addition to the existing residence and garage, of which approximately 490 square feet would encroach into the front setback. When completed the residence would be 3,466 square feet with a 719 square foot garage and 250 square foot attached trellis. The applicant is also requesting a Variance to encroach with the service yard into the front setback, to encroach with less than 3-foot walls into the front and side yard setbacks and a Variance from the requirement that an area (1,000 sq.ft.), for a future stable and corral be set aside with any discretionary application. During the proceedings of this application the applicant requested to be allowed to construct in conjunction with this project a 600 square foot swimming pool / spa that would normally be administratively approvable. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application and at a regular meeting on April 18, 2006, May 16, 2006 and at a field trip on May 16, 2006. 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 and his representatives were in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. The Planning Commission considered the request for the Variances and reviewed the parking situation in the neighborhood, the shape of the existing structure and the encroachment of the residence and garage into the setbacks and the extreme slope behind the existing building pad. The Planning Commission, after lengthy consideration and discussion, came to the conclusion that the configuration and the topography of the lot could not support a garage ZC NO. 725 Rren "7nnh-nR i • • addition elsewhere on the lot and could not support the construction of a stable and corral without substantial grading and importation of soil. Further, this is the first request for a Variance from the requirement that an area be set aside for a stable and corral considered by the City; by granting this Variance the City is not setting a precedent for similar requests in the future because it makes its determination on the unique characteristics of this property and the current circumstances. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. Section 5. 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 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement. The applicant is requesting a Variance to encroach 27 feet into the required 50-foot front setback with 198 square foot addition to the existing two - car garage and with 292 square foot addition to the existing residence, for a total of 490 square feet encroachment. 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 properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot, when the requirement for a front setback was 30 feet from roadway easement line. Therefore, approximately 760 square feet of the existing residence, which includes 521 square feet of the existing garage, already encroaches into the front setback. The lot was created by a subdivision at the end of a cul-de-sac with two other properties abutting the cul-de sac. Pursuant to the Subdivision Ordinance, currently, only two properties would be allowed to be created along a turning radius of a cul-de-sac, which allows for wider lots. Developments on several other properties along Packsaddle Road East encroach into the front setbacks. Subject property, together with the adjoining properties have small building pads and steep slopes descending towards Rancho Palos Verdes. Further, City restricts overnight parking on streets/roadway easements, which further creates difficulty for parking for properties that already have lesser frontage than is required and that are located on a cul-de-sac. The topography of the lot, the location at the end of a cul-de-sac together with the fact that the existing residence is located in the front setback creates a difficulty in constructing the addition elsewhere on the property. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and ZC NO. 725 Peen 7nffi_n52 2 • zone, but which is denied to the property in question. The existing residence is 2,677 square feet with a 521 square foot two -car garage, which are the smallest on the block. The variance for the addition of the third car garage is necessary due to the configuration of the front setback and the driveway. The distance between the existing garage and the street pavement is not adequate to park two cars in tandem on the existing driveway. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the addition elsewhere on the property. The portion of the addition that would encroach into the setback is a natural extension of the interior flow of the floor plan. With the addition of 987 square feet, of which 490 square feet is subject to this variance, the residence would still be smaller than the homes in the vicinity. 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 addition will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will not require any grading, and is of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding neighbors. The addition of a one -car garage will be beneficial to the neighbors as there will be one less car parked and visible in a neighborhood where parking spaces are limited. The variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and will protect the architecture of the community. The proposed addition will not cause overdevelopment on the lot and is keeping within the character and size of other structures in the neighborhood. E. 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, the total impervious lot coverage and the disturbed area of the lot are within the requirements of the City. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway and parking pad currently located next to the existing garage. The addition of a one -car garage will be advantageous to the overall vehicular circulation in the neighborhood. G. The project conforms to the requirements of the California Environmental Quality Act and the Los Angeles County Hazardous Waste Management Plan. 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 ZC NO. 725 RPcn '7nnF_nR 3 • 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 17.16.190F. is required because it states that walls may not be located in any setback and Section 17.12.190 "Setbacks" because it states that setbacks may not be occupied or obstructed by any structures aboveground. The applicant proposes to locate not to exceed 3-foot walls and the service yard in the front and side setbacks. A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot at the end of a cul-de-sac, when the requirement for front setback was 30 feet from roadway easement line. Several walls and service yard that already encroach into the setbacks were constructed as part of the original development. The applicant is proposing to relocate the existing walls and service yard to accommodate the addition. 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 service yard elsewhere on the property. The topography of the area in front of the residence consists of gentle slopes, which require retaining with short walls. In order for the service yard to be accessible for trash removal, it must be located on the side of the garage, which already encroaches into the front setback. 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 walls and service yard will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will not require any grading, and are of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding neighbors. A service yard is required to be provided on each property and must be conveniently located for trash removal.The walls are necessary to retain the gently slopes in the front of the property. The Variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed walls and service yard will be orderly, attractive and will protect the architecture of the community. The proposed structures will not cause overdevelopment on the lot and is keeping within the character and size of other structures in the neighborhood and the existing development. E. 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 proposed structures are ZC NO. 725 Racr� '71.1nA_11R 4 necessary to meet the Zoning and Building Codes for retaining of slope and provision of a service yard. Section 7. 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. 170 is required because it states that every lot or parcel for which a discretionary approval is required shall have an area developed with or set aside for a combination stable and corral of a minimum of 1,000 square feet, and accessway thereto that does not exceed a slope of 25%. Further, Section 17.16.200 states that stable and corral shall not be located on a portion of the lot where the slope is greater than four to one (25%). The applicant is requesting a Variance to not to set aside an area for a stable and corral. 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 properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot, when there was no requirement that an area for a stable and corral be set aside. Subject property, together with the adjoining properties, was developed on a small building pad with steep slopes descending towards Rancho Palos Verdes. The slopes beyond the existing building pad descend to a canyon at a gradient of 45% to 62%, except for a small area on the northwestern portion of the property where the slope is 31.2%. These slopes could not support construction of a stable and corral without substantial grading and importation of soil. In addition, a portion of the area having 31.2% slope is located in the side yard setback, where construction would not be allowed. These circumstances currently exist and the proposed project does not create the inability nor contribute to these circumstances that necessitate this Variance. 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 existing residence is the smallest on the block and consists of 2,677 square feet with a 521 square foot garage. With the addition of 987 square feet, of which 490 square feet is subject to this variance, the residence would still be smaller than the homes in the vicinity. The application for the addition triggers the requirement that an area for a stable and corral be set aside. The proposed addition is not the cause for the inability to set aside an area for a stable and corral on the lot because the existing building pad could not accommodate a stable and corral that would meet the Health Department's and City's requirement that a stable and corral be located not less than 35 feet to residential structure. 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. There is no suitable area on ZC NO. 725 RPC(‘ 711n6_(1R 5 • • the property to construct a stable and corral. The views and vistas from adjacent properties will be retained, as there will be no structure placed on the slopes of subject property. The variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that no grading is required for the addition, and by granting the variance to not to construct or set aside an area for a stable and corral no grading will occur in the future and the natural terrain and vistas will be preserved. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because in order to construct a stable and corral substantial grading would have to be undertaken and importation of soil would be required, which is not in keeping with the goal of the General Plan. F. The project conforms to the requirements of the California Environmental Quality Act and the Los Angeles County Hazardous Waste Management Plan. Section 8. Based upon the foregoing findings in Section 5, 6 and 7, the Planning Commission hereby approves the Variances in Zoning Case No. 725 to encroach with additions, service yard and walls into the front and side setbacks and not to set aside an area for a future stable and corral, subject to the following conditions: A. The Variances approvals shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. Except that the Variance from the requirement that an area be set aside for a future stable and corral shall be applicable to the property for life, except as specified in subparagraph "B" below. B. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. C. It is declared and made a condition of these Variances 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, 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. D. 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 this Permit, or shown otherwise on an approved plan. ZC NO. 725 P,.cn 1nnf_fR 6 • • E. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated April 11, 2006 except as otherwise provided in these conditions. F. The property owners shall comply with the requirements of the Lighting Ordinance, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. The proposed parking pad along the northeastern property line shall be covered with Grass Crete and shall not exceed 11 feet in width and 64 feet in length. J. Structural lot coverage shall not exceed 4,531 square feet or 6.4% in conformance with lot coverage limitations. K. Total lot coverage of structures and paved areas shall not exceed 8,531 square feet or 12.1% in conformance with total lot coverage limitations. L. The disturbed area of the lot shall not exceed 14,182 square feet or 20.2% in conformance with disturbed area limitations. M. Residential building pad coverage on the 6,438 square foot residential building pad (not in setbacks) shall not exceed 4,281 square feet or 66.5%, which do not include the proposed trellis. N. There shall be no grading for this project. O. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. P. The existing swimming pool shall be demolished and filled in accordance with the County of Los Angeles Building Code specifications to accommodate the construction of the addition. Q. If new landscaping is introduced for this project, the landscaping shall include water efficient irrigation that incorporates 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. Further, landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but to screen the project. If new trees or shrubs are planned in conjunction with this project, at maturity, they shall not be higher than the ridge height of the residence. R. The Service Yard, enclosed by a six-foot wall is approved in the front setback and shall not exceed 96 square feet in size. ZC NO. 725 RPar. "MAF_(1R 7 • • S. The proposed walls shall not exceed three feet in height from the finished grade, except for the service yard wall, which may be 6 feet in height. T. 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. U. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. V. 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. W. 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. X. If a construction fence is erected during construction, it shall not be located in easement or cross over trails, if any. Y. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. Z. During construction all easements shall remain clear and free of debris, vehicles, building materials, building equipment and all other construction objects, except when it is necessary to park during working hours in the roadway easement. AA. 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. AB. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. AC. If an above ground drainage system is required by the Drainage Engineer such system shall be designed in such a manner as not to cross over any equestrian trails. The drainage system(s) (below or above ground) 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 ZC NO. 725 PPcn '7(1(1f_f132 8 • • the maximum extent practicable, without impairing the function of the drainage system. AD. 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 E. AE. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any future grading or structural development on the property shall require the filing of a new application for approval by the Planning Commission, except that not to exceed 600 square foot pool with spa, which would normally be administratively approvable, may be constructed on the existing building pad. Such pool approval shall not trigger any discretionary reviews or grading. AF. The applicant shall execute an Affidavit of Acceptance of all conditions of this approval pursuant to Section 17.38.060, or the approval shall not be effective. AG. All conditions of these Variance approvals, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AH. 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 20th DAY OF JUNE 2006. (TO BE SIGNED) LOREN DEROY, CHAIRWOMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK ZC NO. 725 Recn 911flAj152 9 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2006-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3-FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6-GF), (NEGRI). was approved and adopted at a regular meeting of the Planning Commission on June 20, 2006 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 ZC NO. 725 Rvcn 7nnj_nR 10 DATE: TO: FROM: • c opeo PPn9 JUL • 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 JUNE 20, 2006 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 725 9 PACKSADDLE ROAD EAST (LOT 28-EF) RA-S-1, 1.8 ACRES (GROSS) MR. GIOVANNI NEGRI DOUGLAS MCHATTIE, BOLTON ENGINEERING APRIL 8, 2006 Request for a Variance to permit construction of an addition, a portion of which would encroach into the front setback; request for a Variance to locate a service yard in the front setback and not to exceed 3-foot walls in the front and side setbacks and a Variance from the requirement that an area for a future stable and corral be set aside or that a stable and corral be constructed in conjunction with this application, at an existing single family residence. BACKGROUND 1. At the May 16, 2006 Planning Commission meeting, the Commissioners directed staff to prepare a Resolution of approval in Zoning Case No. 725, with a condition that any future development be reviewed and approved by the Planning Commission. The vote was 3-1-1-0. Commissioner Sommer was absent, and Commissioner Witte voted against the project. 2. In order to participate in the proceedings, Commissioner Sommer listened to the May 15, 2006 meeting tapes and visited the subject property with staff and applicant's representatives on June 13, 2006. 3. The property owner has requested that the Resolution contain language amending the condition restricting any future development to allow construction only of a swimming pool / spa that would be administratively approvable (less than 800 square feet), on the existing building pad. (Letter attached). At the applicant's request, we have included language in the Resolution of approval containing the condition that the Planning Commission review any future grading and further development on the property, except allowing for the ®Printed On Recycled Papal A I • construction of a swimming pool / spa that would normally be approvable administratively (less than 800 square feet). The addition of a swimming pool/spa to this project will not cause exceedance of the maximum permitted development standards. RECOMMENDATION It is recommended that the Planning Commission consider Resolution No. 2006- 08 approving Zoning Case No. 725. By • • Bolton Engineering Corporation 707 Silver Spur Road, Suite 201 Rolling Hills Estates, CA 90274 tel (310) 544-6010 fax (310) 544-0458 JUN 1 2. 2006 C / OF ROLLING HILLS Loren Deroy Chairperson Rolling Hills Planning Commission, 2 Portuguese Bend Road, Rolling Hills, CA 90274. Dear Ms. Deroy, On behalf of our client Giovanni Negri, 9 Packsaddle Road East, I am respectfully requesting permission to allow administrative approval of a pool and spa approximately 600 square feet to be constructed on the property. This would be a replacement pool, east of the existing pool and would of course be subject to the Los Angeles County — Building and Safety requirements. .K' /�--- Douglas K . McHattie, Vice President. CD. t0 _. 3Jdd BGIbILL09L tb:Lt 900Z/II/99 RESOLUTION NO. 2006-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3-FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6-GF), (NEGRI). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Giovanni Negri with respect to real property located at 9 Packsaddle Road East, Rolling Hills (Lot 28- EF) requesting a 987 square foot addition to the existing residence and garage, of which approximately 490 square feet would encroach into the front setback. When completed the residence would be 3,466 square feet with a 719 square foot garage and 250 square foot attached trellis. The applicant is also requesting a Variance to encroach with the service yard into the front setback, to encroach with less than 3-foot walls into the front and side yard setbacks and a Variance from the requirement that an area (1,000 sq.ft.), for a future stable and corral be set aside with any discretionary application. During the proceedings of this application, the applicant requested that he'd be allowed to construct a swimming pool / spa that would normally be administratively approvable and which would be less than 800 square feet, in conjunction with this project. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application and at a regular meeting on April 18, 2006, May 16, 2006 and at a field trip on May 16, 2006. 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 and his representatives were in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. The Planning Commission considered the request for the Variances and reviewed the parking situation in the neighborhood, the shape of the existing structure and the encroachment of the residence and garage into the ZC NO. 725 1 Rrcn ')nn1_nR • • setbacks and the extreme slope behind the existing building pad. The Planning Commission, after lengthy consideration and discussion, came to the conclusion that the configuration and the topography of the lot could not support a garage addition elsewhere on the lot and could not support the construction of a stable and corral. Further, this is the first request for a Variance from the requirement that an area be set aside for a stable and corral considered by the City; by granting this Variance the City is not setting a precedent for similar requests in the future because it makes its determination on the unique characteristics of this property and the current circumstances. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. Section 5. 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 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from the roadway easement. The applicant is requesting a Variance to encroach 27 feet into the required 50-foot front setback with 198 square foot addition to the existing two - car garage and with 292 square foot addition to the existing residence, for a total of 490 square feet encroachment. 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 properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot, when the requirement for a front setback was 30 feet from roadway easement line. Therefore, approximately 760 square feet of the existing residence, which includes 521 square feet of the existing garage, already encroaches into the front setback. The lot was created by a subdivision at the end of a cul-de-sac with two other properties abutting the cul-de sac. Pursuant to the Subdivision Ordinance, currently, only two properties would be allowed to be created along a turning radius of a cul-de-sac, which allows for wider lots. Developments on several other properties along Packsaddle Road East encroach into the front setbacks. Subject property, together with the adjoining properties have small building pads and steep slopes descending towards Rancho Palos Verdes. Further, City restricts overnight parking on streets/roadway easements, which further creates difficulty for parking for properties that already have lesser frontage than is required and that are located on a cul-de-sac. The topography of the lot, the location at the end of a cul-de-sac together with the fact that the existing residence is located in the front setback creates a difficulty in constructing the addition elsewhere on the property. ZC NO. 725 Peen ')nnf,_ IR 2 • • 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 existing residence is 2,677 square feet with a 521 square foot two -car garage, which are the smallest on the block. The variance for the addition of the third car garage is necessary due to the configuration of the front setback and the driveway. The distance between the existing garage and the street pavement is not adequate to park two cars in tandem on the existing driveway. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the addition elsewhere on the property. The portion of the addition that would encroach into the setback is a natural extension of the interior flow of the floor plan. With the addition of 987 square feet, of which 490 square feet is subject to this variance, the residence would still be smaller than the homes in the vicinity. 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 addition will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will not require any grading, and is of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding neighbors. The addition of a one -car garage will be beneficial to the neighbors as there will be one less car parked and visible in a neighborhood where parking spaces are limited. The variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and will protect the architecture of the community. The proposed addition will not cause overdevelopment on the lot and is keeping within the character and size of other structures in the neighborhood. E. 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, the total impervious lot coverage and the disturbed area of the lot are within the requirements of the City. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway and parking pad currently located next to the existing garage. The addition of a one -car garage will be advantageous to the overall vehicular circulation in the neighborhood. G. The project conforms to the requirements of the California Environmental Quality Act and the Los Angeles County Hazardous Waste Management Plan. ZC NO. 725 Rren 1nn6_nR 3 • • 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 17.16.190F. is required because it states that walls may not be located in any setback and Section 17.12.190 "Setbacks" because it states that setbacks may not be occupied or obstructed by any structures aboveground. The applicant proposes to locate not to exceed 3-foot walls and the service yard in the front and side setbacks. A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot at the end of a cul-de-sac, when the requirement for front setback was 30 feet from roadway easement line. Several walls and service yard that already encroach into the setbacks were constructed as part of the original development. The applicant is proposing to relocate the existing walls and service yard to accommodate the addition. 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 service yard elsewhere on the property. The topography of the area in front of the residence consists of gentle slopes, which require retaining with short walls. In order for the service yard to be accessible for trash removal, it must be located on the side of the garage, which already encroaches into the front setback. 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 walls and service yard will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will not require any grading, and are of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding neighbors. A service yard is required to be provided on each property and must be conveniently located for trash removal. The walls are necessary to retain the gently slopes in the front of the property. The Variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed walls and service yard will be orderly, attractive and will protect the architecture of the community. The proposed structures will not cause overdevelopment on the lot and is keeping within the character and size of other structures in the neighborhood and the existing development. ZC NO. 725 Rven ')nnA_nR 4 • • E. 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 proposed structures are necessary to meet the Zoning and Building Codes for retaining of slope and provision of a service yard. Section 7. 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. 170 is required because it states that every lot or parcel for which a discretionary approval is required shall have an area developed with or set aside for a combination stable and corral of a minimum of 1,000 square feet, and accessway thereto that does not exceed a slope of 25%. Further, Section 17.16.200 states that stable and corral shall not be located on a portion of the lot where the slope is greater than four to one (25%). The applicant is requesting a Variance to not to set aside an area for a stable and corral. 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 properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot, when there was no requirement that an area for a stable and corral be set aside. Subject property, together with the adjoining properties, was developed on a small building pad with steep slopes descending towards Rancho Palos Verdes. The slopes beyond the existing building pad descend to a canyon at a gradient of 45% to 62%, except for a small area on the northwestern portion of the property where the slope is 31.2%. These slopes could not support construction of a stable and corral without substantial grading and importation of soil. In addition, a portion of the area having 31.2% slope is located in the side yard setback, where construction would not be allowed. 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 existing residence is the smallest on the block and consists of 2,677 square feet with a 521 square foot garage. With the addition of 987 square feet, of which 490 square feet is subject to this variance, the residence would still be smaller than the homes in the vicinity. The application for the addition triggers the requirement that an area for a stable and corral be set aside. The proposed addition is not the cause for the inability to set aside an area for a stable and corral on the lot because the existing building pad could not accommodate a stable and corral that would meet the Health Department's and City's requirement that a stable and corral be located not less than 35 feet to residential structure. ZC NO. 725 RP:r. 1n11f_fR 5 • • 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. There is no suitable area on the property to construct a stable and corral. The views and vistas from adjacent properties will be retained, as there will be no structure placed on the slopes of subject property. The variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that no grading is required for the addition, and by granting the variance to not to construct or set aside an area for a stable and corral no grading will occur in the future and the natural terrain and vistas will be preserved. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because in order to construct a stable and corral substantial grading would have to be undertaken and importation of soil would be required, which is not in keeping with the goal of the General Plan. F. The project conforms to the requirements of the California Environmental Quality Act and the Los Angeles County Hazardous Waste Management Plan. Section 8. Based upon the foregoing findings in Section 5, 6 and 7, the Planning Commission hereby approves the Variances in Zoning Case No. 725 to encroach with additions, service yard and walls into the front and side setbacks and not to set aside an area for a future stable and corral, subject to the following conditions: A. The Variances approvals shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. Except that the Variance from the requirement that an area be set aside for a future stable and corral shall be applicable to the property for life, except as specified in subparagraph "B" below. B. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. C. It is declared and made a condition of these Variances 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, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails ZC NO. 725 6 Rvcn ')nnA_nR • • to correct the violation within a period of thirty (30) days from the date of the City's determination. D. 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 this Permit, or shown otherwise on an approved plan. E. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated April 11, 2006 except as otherwise provided in these conditions. F. The property owners shall comply with the requirements of the Lighting Ordinance, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. The proposed parking pad along the northeastern property line shall be covered with Grass Crete and shall not exceed 11 feet in width and 64 feet in length. J. Structural lot coverage shall not exceed 4,531 square feet or 6.4% in conformance with lot coverage limitations. K. Total lot coverage of structures and paved areas shall not exceed 8,531 square feet or 12.1% in conformance with total lot coverage limitations. L. The disturbed area of the lot shall not exceed 14,182 square feet or 20.2% in conformance with disturbed area limitations. M. Residential building pad coverage on the 6,438 square foot residential building pad (not in setbacks) shall not exceed 4,281 square feet or 66.5%, which do not include the proposed trellis. N. There shall be no grading for this project. O. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. P. The existing swimming pool shall be demolished and filled in accordance with the County of Los Angeles Building Code specifications to accommodate the construction of the addition. Q. If new landscaping is introduced for this project, the landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and ZC NO. 725 RPc„ 1nn6_nA 7 • • utilizes means to reduce water waste resulting from runoff and overspray. Further, landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but to screen the project. If new trees or shrubs are planned in conjunction with this project, at maturity, they shall not be higher than the ridge height of the residence. R. The Service Yard, enclosed by a six-foot wall is approved in the front setback and shall not exceed 96 square feet in size. S. The proposed walls shall not exceed three feet in height from the finished grade, except for the service yard wall, which may be 6 feet in height. T. 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. U. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. V. 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. W. 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. X. If a construction fence is erected during construction, it shall not be located in easement or cross over trails, if any. Y. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. Z. During construction all easements shall remain clear and free of debris, vehicles, building materials, building equipment and all other construction objects, except when it is necessary to park during working hours in the roadway easement. AA. 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. ZC NO. 725 PPQr, '7nn6_nR 8 • • AB. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. AC. If an above ground drainage system is required by the Drainage Engineer such system shall be designed in such a manner as not to cross over any equestrian trails. The drainage system(s) (below or above ground) 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 drainage system. AD. 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 E. AE. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any future grading or structural development on the property shall require the filing of a new application for approval by the Planning Commission, except that a less than 800 square foot pool with spa and pool equipment, which would normally be administratively approvable may be constructed on the existing building pad. Such pool approval shall not, trigger any discretionary reviews or grading. AF. The applicant shall execute an Affidavit of Acceptance of all conditions of this approval pursuant to Section 17.38.060, or the approval shall not be effective. AG. All conditions of these Variance approvals, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AH. 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 20th DAY OF JUNE 2006. LOREN DEROY, CHAIRWOMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK ZC NO. 725 Peen 'nni_nR 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2006-08 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE FRONT SETBACK; GRANTING A VARIANCE TO LOCATE A SERVICE YARD IN THE FRONT SETBACK AND NOT TO EXCEED 3-FOOT WALLS IN THE FRONT AND SIDE SETBACKS AND GRANTING A VARIANCE FROM THE REQUIREMENT THAT AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 725, AT 9 PACKSADDLE ROAD EAST, (LOT 6-GF), (NEGRI). was approved and adopted at a regular meeting of the Planning Commission on June 20, 2006 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 ZC NO. 725 Rvcn lnn1_ns 10 DATE: TO: FROM: • Ct1 o/ ie0ii4 • 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 MAY 16, 2006 HONORABLE MEMBERS OF THE PLANNING COMMISSION) YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 725 9 PACKSADDLE ROAD EAST (LOT 28-EF) RA-S-1, 1.8 ACRES (GROSS) MR. GIOVANNI NEGRI DOUGLAS MCHATTIE, BOLTON ENGINEERING APRIL 8, 2006 Request for a Variance to permit construction of an addition, a portion of which would encroach into the front setback; request for a Variance to locate a service yard in the front setback and not to exceed 3-foot walls in the front and side setbacks and a Variance from the requirement that an area for a future stable and corral be set aside or that a stable and corral be constructed in conjunction with this application, at an existing single family residence. BACKGROUND 1. At the April 18, 2006 meeting, the Planning Commission scheduled a field visit to this property for today. 2. The applicants propose to construct 789 square foot addition to the existing residence and 198 square foot addition to the existing garage for a total of 987 square feet of additions, of which 490 square feet would encroach up to 27 feet into the front setback. The proposed addition would follow the line of existing encroachment. A 250 square foot attached trellis is also proposed. When completed, the residence would be 3,466 square feet with a 719 square foot garage. The property owner is also seeking a Variance to construct a service yard in the front setback and not to exceed 3-foot walls in the front and side setbacks, and a Variance to not to set aside an area for a future stable and corral or construct a stable and corral in conjunction with this application. 3. The property is zoned RAS-1 and consists of 1.8 acres (78,409 square feet, not including the roadway easement). The lot isdeveloped with a 2,677 square foot residence, 521 square foot garage, and a 484 square foot swimming pool with 56 ZC No. 725 Naori 1 ®Printed on Recycled Paper • square foot pool equipment. The applicant proposes to remove the swimming pool and the pool equipment. 4. In March 1996, the Planning Commission approved a Variance to encroach with a proposed 82 square foot addition into the front setback as well as to locate the service yard and a wall in the front setback. The addition and the service yard were not constructed. 5. The existing residence and garage were built in 1960 and the pool in 1973. Approximately 760 square feet of the existing residence and garage currently encroach up to 27 feet into the front setback, the service yard and several 2-3 foot walls also encroach into the front and side setbacks. 6. The applicant proposes to remove approximately 72 feet of existing walls, which are located in the front and side setbacks and to construct 59 feet of new not to exceed 3-foot walls to accommodate the construction of the service yard and the addition. Such walls would also be located in the front and side setbacks, which require a Variance. Pursuant to the Zoning Ordinance setbacks shall be clear of structures, except that not to exceed 3-feet walls necessary for drainage purposes, as determined by the Building and Safety Department and not to exceed 3-feet walls along driveways, walkways and stairs may be constructed in setbacks. 7. The applicant is seeking a Variance from Section 17.16.170 of the Zoning Ordinance, which states that "Every lot or parcel in the RA-S zone for which a discretionary approval is required by this title in connection with the construction of a new single family residence, the addition to an existing single family residence, the construction of an accessory structure and the construction of a pool shall have an area developed with or set aside as follows: A. Combination stable and corral area that complies with the criteria set forth in Section 17.16.200A of this Chapter; B. A vehicular accessway to the stable and corral area for delivery of feed and removal of waste that does not exceed a slope of 25%". Section 17.16.200A of the Zoning Ordinance specifies the size and location of the required stable and corral. 8. The property is located at the end of a cul-de-sac, is irregular in shape and the slope descends beyond the building pad area in a southeasterly direction into a canyon. The rear of the property borders the City of Rancho Palos Verdes. The gradient of the slope varies, and is between 45% and 62%. (check)The applicant's representative states that due to the topography of the lot, no structure could be constructed beyond the existing building pad. 9. No grading is required for this project. The additions will be constructed on an already disturbed pad. ZC No. 725 NPOri 2 f • • 10. The existing driveway and driveway approach from Packsaddle Road East will remain. The applicant is also proposing to construct a parking area along the westerly property line, which will be covered with Grass Crete. 11. The net lot area of the lot is 70,309 square feet. The structural lot coverage proposed is 4,531 square feet or 6.4% of the net lot area, which includes all of the structures, but excludes the existing swimming pool and pool equipment, which are proposed to be removed, (20% permitted). The total lot coverage proposed, including structures and flatwork is 8,531 square feet or 12.1% of the net lot area, (35% permitted). 12. There exists one residential building pad on the property. No grading or enlarging the building pad is proposed. The existing residential building pad, not in setbacks, is 6,438 square feet and will have coverage of 4,281 square feet or 66.5%, (this does not include the attached trellis). Currently, the building pad coverage is 59.5%. 13. The disturbed area of the lot is 14,182 square feet or 20.2% of the net lot area, and will not change with the proposed additions. 14. In response for justification for the Variance request for the encroachment with the addition into the front setback, the applicant's representative states that the lot is developed in such a way that the existing structure already encroaches into the front setback and that due to the topography of the lot and configuration of the existing residence the proposed construction, out of necessity, must be located in the front setback. In response for justification for the Variance request for the encroachment with the service yard and walls into the setbacks, the applicant's representative states that in order to meet the requirement for a service yard and due to the location of the existing driveway, the service yard must be located in the front setback. The walls are necessary to allow for the construction of the service yard and the addition. In response for justification for the Variance request for not to set aside or construct a stable and corral in conjunction with this application, the applicant's representative states that the topographical constraints of the lot prevent the required construction of the stable and corral. The slope beyond the existing building pad is too steep for any construction. The slope descends to a canyon at a gradient of between 45% and 62%. The City's requirement is that no stable or corral be located in an area of the lot where the slope is greater than four to one (25%). In addition, there is no place on the existing building pad to place a stable and corral, that would meet the City's and Health Department's setback requirement that a stable and corral be located not less than 35 feet to residential structure. 15. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). ZC No. 725 NPari 3 • 16. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meets City standards. 17. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. RECOMMENDATION It is recommended that the Planning Commission review the staff report, view the project and take public testimony. ZC No. 725 NPari 4 ZONING CASE NO. 725 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% maximum guideline) 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 (minimum 450 so. ft.) and CORRAL (minimum 550 so. ft.) STABLE ACCESS ACC ESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence, which encroaches into the front yard setback Residence 2677 sq.ft. Garage 521 sq.ft Stable 0 sq.ft. Service 96 sq.ft. Yd. Pool 484 sq.ft. Pool eqp. 56 sq.ft. TOTAL 3,834 sq.ft PROPOSED Additions, a portion of which would encroach into the front yard setback, walls and service yard in front/side setbacks and Variance from requirement for a stable Residence 3466 sq.ft Garage 719 sq.ft Stable 0 sq.ft. Service 96 sq.ft Yd. Trellis 250 sq.ft. TOTAL 4,531 sq.ft 5.5% 6.4% of 70,3 )9 sq.ft. net lot area 9.7% 12.1 % of 70,309 sq.ft. net lot area 58.1% N/A 20.2% N/A N/A Existing from Packsaddle Rd. E. N/A N/A 66.5% of 6,438 sq.ft. residential building pad (not including the trellis) None 20.2% Request for a Variance Request for a Variance Existing from Packsaddle Rd. E. Planning Commission review Planning Commission review ZC No. 725 Mpari 5 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. NEARBY PROPERTIES For information purposes only ADDRESS OWNER I 2 Packsaddle E. Fuller I 3 Packsaddle E. Cioffi 16 Packsaddle E. Murrel I 5 Packsaddle E. Rutgers I 11 Packsaddle E. Clark 7 Packsaddle E. Straub AVERAGE Not Including 11 Packsaddle 9 Packsaddle Rd. E. Negri RESIDENCE In square feet 5,088 5,317 4,571 3,685 6,485 Existing 2,598; Recently Approved 3,252 4,624 (4,733 with recently approved addition at 7 Packsaddle Rd) Existing 2,677 Proposed 3,466 SOURCE: Assessors' Records The above calculations do not include garages. LOT AREA (excl. road) 48,787 55,756 83,200 121,968 226,995 88,862. 104,261 78,409 ZC No. 725 Naori 6 • Cry 0/l27P,.a JJ.PP, DATE: APRIL 18, 2006 TO: FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR • 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 HONORABLE MEMBERS OF THE PLANNING COMMISSION APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 725 9 PACKSADDLE ROAD EAST (LOT 28-EF) RA-S-1, 1.8 ACRES (GROSS) MR. GIOVANNI NEGRI DOUGLAS MCHATTIE, BOLTON ENGINEERING APRIL 8, 2006 Request for a Variance to permit construction of an addition, a portion of which would encroach into the front setback, request for a Variance to locate a service yard in the front setback and not to exceed 3-foot walls in the front and side setbacks and a Variance from the requirement that an area for a future stable and corral be set aside or that a stable and corral be constructed in conjunction with this application, at an existing single family residence. BACKGROUND 1. The applicants propose to construct 987 square feet of additions to the existing 3,198 square foot residence and garage, of which 490 square feet would encroach up to 27 feet into the front setback. The proposed addition would follow a line of existing encroachment. A 250 square foot attached trellis is also proposed. When completed, the residence would be 3,466 square feet with a 719 square foot garage. The property owner is also seeking a Variance to construct a service yard in the front setback and not to exceed 3-foot walls in the front and side setbacks, and a Variance to not to set aside an area for a future stable and corral or construct a stable and corral in conjunction with this application. 2. The property is zoned RAS-1 and consists of 1.8 acres (78,409 square feet, not including the roadway easement). The lot is developed with a 2,677 square foot residence, 521 square foot garage, a 484 square foot swimming pool with 56 square foot pool equipment. The applicant proposes to remove the swimming pool and the pool equipment. 3. In March 1996, the Planning Commission approved a Variance to encroach with a proposed 82 square foot addition into the front setback as well as to locate ZC No. 725 Neari 1 ®Pnnteri on Recyolr,d P:rpr�r • • the service yard and a wall in the front setback. The addition and the service yard were not constructed. 4. The existing residence and garage were built in 1960 and the pool in 1973. Approximately 760 square feet of the existing residence and garage currently encroach up to 27 feet into the front setback, the service yard and several 2-3 foot walls also encroach into the front and side setbacks. 5. The applicant proposes to remove approximately 72 feet of existing walls, which are located in the front and side setbacks and to construct 59 feet of new not to exceed 3-foot walls to accommodate the construction of the service yard and the addition. Such walls would also be located in the front and side setbacks, which require a Variance. Pursuant to the Zoning Ordinance setbacks shall be clear of structures, except that not to exceed 3-feet walls necessary for drainage purposes, as determined by the Building and Safety Department and not to exceed 3-feet walls along driveways, walkways and stairs may be constructed in setbacks. 6. The applicant is seeking a Variance from Section 17.16.170 of the Zoning Ordinance, which states that "Every lot or parcel in the RA-S zone for which a discretionary approval is required by this title in connection with the construction of a new single family residence, the addition to an existing single family residence, the construction of an accessory structure and the construction of a pool shall have an area developed with or set aside as follows: A. Combination stable and corral area that complies with the criteria set forth in Section 17.16.200A of this Chapter; B. A vehicular accessway to the stable and corral area for delivery of feed and removal of waste that does not exceed a slope of 25%". Section 17.16.200A of the Zoning Ordinance specifies the size and location of the required stable and corral. 7. The property is located at the end of a cul-de-sac, is irregular in shape and the slope descends beyond the building pad area in a southeasterly direction into a canyon. The rear of the property borders the City of Rancho Palos Verdes. The gradient of the slope varies, and is between 45% and 62%. The applicant's representative states that due to the topography of the lot, no structure could be constructed beyond the existing building pad. S. No grading is required for this project. The additions will be constructed on an already disturbed pad. 9. The existing driveway and driveway approach from Packsaddle Road East will remain. The applicant is also proposing to construct a parking area along the westerly property line, which will be covered with Grass Crete. 10. The net lot area of the lot is 70,309 square feet. The structural lot coverage proposed is 4,531 square feet or 6.4% of the net lot area, which includes all of the structures, but excludes the existing swimming pool and pool equipment, which ZC No. 725 Naari • • are proposed to be removed, (20% permitted). The total lot coverage proposed, including structures and flatwork is 8,531 square feet or 12.1% of the net lot area, (35% permitted). 11. There exists one residential building pad on the property. No grading or increasing of the building pad is proposed. The existing residential building pad, not in setbacks, is 6,438 square feet and will have coverage of 4,281 square feet or 66.5%, (this does not include the attached trellis). Currently, the building pad coverage is 59.5%. 12. The disturbed area of the lot is 14,182 square feet or 20.2% of the net lot area, and will not change with the proposed additions. 13. In response for justification for the Variance request for the encroachment with the addition into the front setback, the applicant's representative states that the lot is developed in such a way that the existing structure already encroaches into the front setback and that due to the topography of the lot and configuration of the existing residence the proposed construction, out of necessity, must be located in the front setback. In response for justification for the Variance request for the encroachment with the service yard and walls into the setbacks, the applicant's representative states that in order to meet the requirement for a service yard and due to the location of the existing driveway, the service yard must be located in the front setback. The walls are necessary to allow for the construction of the service yard and the addition. In response for justification for the Variance request for not to set aside or construct a stable and corral in conjunction with this application, the applicant's representative states that the topographical constraints of the lot prevent the required construction of the stable and corral. The slope beyond the existing building pad is too steep for any construction. The slope descends to a canyon at a gradient of between 45% and 62%. The City's requirement is that no stable or corral be located in an area of the lot where the slope is greater than four to one (25%). In addition, there is no place on the existing building pad to place a stable and corral, that would meet the City's and Health Department's setback requirement that a stable and corral be located not less than 35 feet to residential structure. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 15. It will be required that all utility lines to the property be placed underground and that the roof material of the entire roof meets City standards. 16. The Rolling Hills Community Association will review the project for architectural elements and design at a later date. ZC No. 725 Naori 3 • • RECOMMENDATION It is recommended that the Planning Commission review the staff report, open the public hearing and take public testimony. ZC No. 725 Naori 4 • ZONING CASE NO. 725 SITE PLAN REVIEW RA-S-1 ZONE SETBACKS Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required 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) BUILDING PAD COVERAGE RESIDENTIAL COVERAGE (30% maximum guideline) 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 (minimum 450 so. ft.) and CORRAL (minimum 550 so. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS EXISTING Single family residence, which encroaches into the front yard setback Residence Garage Stable Service Yd. Pool Pool eqp. TOTAL 5.5% 2677 sq.ft. 521 sq.ft 0 sq.ft. 96 sq.ft. 484 sq.ft. 56 sq.ft. 3,834 sq.ft PROPOSED Additions, a portion of which would encroach into the front yard setback, walls and service yard in front/side setbacks and Variance from requirement `or a stable Residence Garage Stable Service Yd. Trellis TOTAL 3466 sq.ft 719 sq.ft 0 sq.ft. 96 sq.ft 250 sq.ft. 4,531 sq.ft 6.4% of 70,309 sq.ft. net lot area 9.7% 12.1% of 70,309 sq.ft. net lot area 58.1% N/A 20.2% N/A N/A Existing from Packsaddle Rd. E. N/A N/A 66.5% of 6,438 sq.ft. residential building pad (not including the trellis) None 20.2% Request for a Variance Request for a Variance Existing from Packsaddle Rd. E. Planning Commission review Planning Commission review ZC No. 725 Mpari 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. NEARBY PROPERTIES For information purposes only ADDRESS 2 Packsaddle E. 3 Packsaddle E. 6 Packsaddle E. 5 Packsaddle E. 11 Packsaddle E. 7 Packsaddle E. AVERAGE 9 Packsaddle Rd. E. OWNER Fuller Cioffi Murrel Rutgers Clark Straub Negri RESIDENCE In square feet 5,088 5,317 4,571 3,685 6,485 Existing 2,598; Recently Approved 3,252 4,624 (4,733 with recently approved addition at 7 Packsaddle Rd. E.) Existing 2,677 Proposed 3,466 SOURCE: Assessors' Records The above calculations do not include garages. LOT AREA (excl. road) 48,787 55,756 83,200 121,968 226,995 88,862 104,261 78,409 ZC No. 725 Naori 6 • City ofiePens qco-D Zo rc'( DATE: MARCH 27,1996 • 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: 3/27/96 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: RESOLUTION NO. 96-7: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO ENCLOSE A STAIRWAY BETWEEN A RESIDENCE AND AN ATTACHED GARAGE AND APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A WALLED SERVICE YARD IN ZONING CASE NO. 536. Dr. Guy Abraham, 9 Packsaddle Road East (Lot 28-SF) 1. The Planning Commission approved the subject resolution on March 9, 1996. 2. The applicant is requesting a Variance to permit a stairway to be enclosed between the residence and the attached garage that will encroach up to 8 feet into the 50 foot front yard setback. The applicant also requests a Variance to permit a 96 square foot service yard surrounded by a wall that does not exceed 5 feet to encroach up to 17 feet into the 50 foot front yard setback. Almost the entire existing garage and portions of the existing residence encroach up to 21 feet into the front yard setback. The new stairway enclosure at the northeast portion of the residence will add 82 square feet to the residence. The service yard will not add any residential square footage. The applicants are also adding 36 square feet and 105 square feet, respectively, to fill in existing building openings at the east and west central portions of the residence. Total residential additions will be 224 square feet. 3. The existing 2,677 square foot residence and 521 square foot attached garage was built in 1960. ®Panted on Recycled Paper • • 4. The existing residential building pad is 8,084 square feet and coverage on the pad is 45.5%. The garage and portions of the residence are in the front yard setback. Proposed additions will fill in existing building openings. Proposed coverage on the pad will be 49.5%. 5. Structural lot coverage proposed is 5.8% (20% maximum permitted) and total lot coverage proposed is 10.0% (35% maximum permitted). 6. Access to the property will remain the same from Packsaddle Road East to the garage at the northeastern portion of the residence. 7. Maximum disturbed area will be 9,920 square feet or 12.9% (40% permitted). 8. Grading for the redesigned front yard driveway area will be minimal and not require a grading permit. There will be 45 cubic yards of cut soil and 45 cubic yards of fill soil. 9. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CRITERIA & MAJOR IMPACTS RAS-1 Zone Setbacks:, Front: 50 ft. from front easement line Side: 20 ft. from property line Rear: 50 ft. from property line Structures (Site Plan Review required 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). EXISTING Residence encroaches up to 21' into front setback. Residence Garage Swim Pool Service Yard Stable & Corral TOTAL N/A Disturbed Area (40% maximum; any graded building ad area, any remedial grading (temporary disturbance), any graded 12.9% slopes and building pad areas, any nongraded area where impervious surfaces exist and any planned landscaped areas) cD. 2,677 sq. ft. 521 sq.ft. 484 sq.ft. 0 sq.ft. 0 sq.ft. PROPOSED Stairway enclosure area will encroach up to 8' into front yard setback and service yard will encroach up to 17' into front yard setback. Residence Garage Swim Pool Service Yard Future Stable & Corral 550 sq.ft. 2,901 sq. ft. 521 sq.ft. 484 sq.ft. 96 sq.ft. 450 sq.ft. 3,682 sq.ft. TOTAL 4,452 sq.ft. Redesigned front yard driveway area will require 45 cubic yards of cut and 45 cubic yards of fill but, will not require a grading permit 12.9% Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Residential Building Pad Coverage (30% recommended) 3,682 sq.ft. or 4.8% 6,933 sq.ft. or 9.0% 45.5% Stable/Corral Building Pad Coverage N/A Total Building Pad Coverage 45.5% Roadway Access Existing off Packsaddle East Access to Stable and Corral [Accessibility and maximum 4:1 N/A (25%) slope required ONLY for new residence or additions that require Site Plan Review]. Preserve Views Preserve Plants and Animals Insignificant Impact Insignificant Impact 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; 4,452 sq.ft. or 5.8% 7,721 sq.ft. or 10.0% 49.5% 45.0% 49.0% Existing off Packsaddle East N/A Insignificant Impact Insignificant Impact STAIRWAY ENCLOSURE AND SERVICE YARD ENCLOSURE Requests are to fill in existing building openings. Does not appreciably change the appearance of the structure on the building pad. Will not effect properties or improvements in the vicinity. The spirit and intent of Title 17 (Zoning) will be observed. Planning Commission will determine. • • 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. RECOMMENDATION Consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relatirT to siting and siting criteria for hazardous waste facilities. The variance request is consistent with the General Plan of the City of Rolling Hills. It is recommended that the City Council receive and file Resolution No. 96-7. RESOLUTION NO. 96-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO ENCLOSE A STAIRWAY BETWEEN A RESIDENCE AND AN ATTACHED GARAGE AND APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A WALLED SERVICE YARD IN ZONING CASE NO. 536. 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. Guy Abraham with respect to real property located at 9 Packsaddle Road East (Lot 28-SF) requesting a Variance to permit a stairway to be enclosed between a residence and an attached garage that will encroach into the front yard setback and a request for a Variance to permit the construction of a walled service yard that will encroach into the front yard setback at an existing residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on January 16, 1996 and February 20, 1996, and at a field trip visit on February 3, 1996. Section 3. 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 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 17.16.110 requires a front yard setback of 50 feet from the front easement line in the RA-S-1 residential zone. The applicant is requesting to construct an 82 square foot enclosure between a residence and an attached garage that will encroach a maximum of 8 feet into the fifty foot (50') front 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 or to the intended use that do not apply generally to the other property or class of use in the same zone because the lot is at the end of a cul- de-sac and the building pad is located close to the street and adjacent residences. The RESOLUTION NO. 96-7 PAGE 1 OF 4 • • existing development pattern on the lot and the sloping rear portion precludes continued expansion of the residence into the rear of the lot. 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 development and use of the subject property in a manner consistent with the shape of the lot and development of other property on this street justifies this additional small incursion into the front yard setback. There will not be any greater incursion into the front yard setback than already exists. 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. Allowing the proposed incursion into the front yard setback will not allow any greater incursion than already exists. In addition, development on this portion of the pad will allow a substantial portion of the more environmentally significant rear and side portions of the lot to remain undeveloped. Section 5 . Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 536 to permit the encroachment of an 82 square foot enclosure of a stairway between a residence and an attached garage that will encroach a maximum of 8. feet into the fifty foot (50') front yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 8 of this Resolution. Section 6. Section 17.16.110 requires a front yard of 50 feet from the front easement line in the RA-S-1 residential zone. The applicants are requesting to construct a 96 square foot service yard bordered by a 6 foot wall that will encroach a maximum of seventeen feet (17') into the fifty foot (50') front 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 or to the intended use that do not apply generally to the other property or class of use in the same zone because the lot is long and narrow and the building pad is located close to the street and adjacent residences. The existing development pattern on the lot and the sloping rear portion precludes continued expansion of the residence into the rear of the lot. 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 development and use of the subject property in a manner consistent with the shape of the lot and development of other property on this street justifies this RESOLUTION NO. 96-7 PAGE 2 OF 4 d' additional small incursion into the front yard setback. There will not be any greater incursion into the front yard setback than already exists. 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. Allowing the proposed incursions into the front yard setback will not allow any greater incursion than already exists. In addition, development on this portion of the pad will allow a substantial portion of the more environmentally significant rear and side portions of the lot to remain undeveloped. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 536 to permit the encroachment of a 96 square foot service yard bordered by a 6 foot wall that will encroach a maximum of seventeen feet (17') into the fifty foot (50') front yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 8 of this Resolution. Section 8. The Variance to the front yard setback approved in Section 5 and the Variance to the front yard setback approved in Section 7 are subject to the following conditions: A. The Variance approvals shall expire within one year from the effective date of approval as defined in Section 17.38.070. B. It is declared and made a condition of the Variance approvals, 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 December 14, 1995 and marked Exhibit A, except as otherwise provided in these conditions. E. 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. RESOLUTION NO. 96-7 PAGE 3 OF 4 • s F. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance approvals, or the approvals shall not be effective. G. All conditions of these Variance approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON - ' DAY OF MARCH, 1996. ALLAN ROBE , 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. 96-7 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO ENCLOSE A STAIRWAY BETWEEN A RESIDENCE AND AN ATTACHED GARAGE AND APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A WALLED SERVICE YARD IN ZONING CASE NO. 536. was approved and adopted at a regular meeting of the Planning Commission on March 9,1996 by the following roll call vote: AYES: Commissioners Hankins, Raine, Witte and Chairman Roberts. NOES: None. ABSENT: None. ABSTAIN: Commissioner Sommer. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY LERK RESOLUTION NO. 96-7 PAGE4 OF4