625, Construct an outdoor fireplace, Resolutions & Approval Conditions• •
RESOLUTION NO. 2001-02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A
VARIANCE TO ENCROACH INTO THE WEST SIDE
YARD SETBACK TO CONSTRUCT AN ADDITION AT A
SINGLE FAMILY RESIDENCE AT 37 CHUCKWAGON
ROAD IN ZONING CASE NO. 625
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. Mark Elliott,
with respect to real property located at 37 Chuckwagon Road, (Lot 19-CF),
Rolling Hills, requesting a Variance to encroach into the west side yard to
construct an addition at an existing single family residence.
Section 2. A. The Planning Commission conducted a duly noticed
public hearing to consider the application on November 21, 2000, on
December 19, 2000 and January 16, 2001, and at a field trip on December
16, 2000. The applicants were notified of the public hearings in writing by
first class mail. Evidence was heard from members of the City staff, the
applicant's representative, and all persons interested in affecting the
proposal. The Planning Commission reviewed, analyzed and studied the
project.
B. At the same time, the Planning Commission conducted
a duly noticed public hearing to consider a Conditional Use Permit to
construct 800 square foot guest house. At the December 19, 2000 meeting,
the Commission expressed concerns pertaining to the size of the guest
house, the total pad coverage and the general compatibility of the
proposed guest house with the adjacent properties. The Commission
continued the public hearing to January 16, 2001 to allow the applicant to
revise his application. Subsequent to the December 19, 2000 public
hearing, the applicant submitted a revised site plan and withdrew the
Conditional Use Permit application.
Section 3. The Planning Commission finds that the project
qualifies as a Class 1 Exemption [The State CEQA Guidelines, Section
15301 (Existing Facilities)] 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 vicinity. A Variance to Section 17.16.120(A) is required
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because it states that every lot shall have a side yard of not less than 20
feet. The applicant is requesting a Variance to encroach 4 feet into the west
side yard to construct 224 square feet addition at an existing single family
residential development. With respect to this request for a Variance, the
Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the
other property or class of use in the same zone because of the topography
and irregular shape of the lot. The existing legal nonconforming residence
was built with the residence encroaching up to 8.5 feet into the west side
yard setback. This addition will not create any further encroachment than
already exists, as the addition is proposed to be located under the existing
roof line. The existing residence and proposed addition are modest in size.
No other feasible location exists on the site for the proposed addition. Due
to the severity of slope on the property, the existing building pad cannot
be increased in size.
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. Strict application of the Zoning Ordinance would deprive the
property owner of the right and benefits enjoyed by similarly situated
properties in the same vicinity and zone. The encroachment permits the
use of the lot to the extent allowed for other properties in the vicinity. The
Variance will permit the development of the property in a manner similar
to development patterns on surrounding properties.
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.
Development on the pad will allow the remaining portion of the lot to
remain undeveloped. The disturbed area of the lot is proposed at 32%,
whereas 40% is permitted. The structural lot coverage and the total
impervious lot coverage are within the guidelines of the City. The
residential building pad coverage exceeds the City's guidelines of 30%.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 625 to
encroach into the west side yard setback to construct a 224 square foot
addition at an existing single family residential development as indicated
on the development plan dated January 4, 2001; submitted with this
application and incorporated herein by reference as Exhibit A, subject to
the following conditions:
A. This Variance approval shall expire within one year from the
effective date of approval if construction pursuant to this approval has not
commenced within that time period, as required by Section 17.38.070, or
otherwise been extended pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance approval,
that if any conditions thereof are violated, this approval shall be
suspended and the privileges granted thereunder shall lapse; provided
that the applicant has been given written notice to cease such violation,
the opportunity for a hearing has been provided, and if requested, has
been held, and thereafter the applicant fails to correct the violation within
a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Building and Construction
Ordinance, the Zoning Ordinance, and of the zone in which the subject
property is located shall be complied with unless otherwise set forth in
this permit or approved by variance.
D. The lot shall be developed and maintained in substantial
conformance with the site plan dated January 4, 2001, and marked Exhibit
A, except as otherwise provided in these conditions.
E. The working drawings submitted to the County Department
of Building and Safety for plan check review must conform to the
development plan approved with this application.
F. The structural lot coverage shall not exceed 8.1% and the
total lot coverage shall not exceed 17.2%.
G. The residential building pad coverage shall not exceed
39.9%. Total building pad coverage shall not exceed 44.2%.
H. The maximum disturbed area shall not exceed 32% of the net
lot area.
I: The existing topography, flora and natural features of the lot
shall be retained to the greatest extent feasible.
J. 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, and
objectionable odors shall be required.
K. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 1996 County of Los Angeles
Uniform Building Code shall be followed to minimize erosion and to
protect slopes and channels to control stormwater pollution as required by
the County of Los Angeles.
L. 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.
M. 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.
N. The project shall be required to conform with the Regional
Water Quality Control Board and County Health Department
requirements for the installation and maintenance of stormwater drainage
facilities.
O. The project 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.
P. The project must be reviewed and approved by the Rolling
Hills Community Association Architectural Review Committee prior to
the issuance of any building permit.
Q. Notwithstanding Sections 17.46.020 and 17.46.070 of the
Rolling Hills Municipal Code, any modifications to this Variance which
would constitute additional structural development shall require the filing
of a new application for approval by the Planning Commission.
R. The approval shall not be effective until the applicant
executes an Affidavit of Acceptance consenting to all of the conditions of
the Variance approval and filed said affidavit with the City Clerk.
S. All conditions of the Variance approval that apply must be
complied with prior to the issuance of a building permit from the County
of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 20th DAY OF
FEBRUARY, 2001
ALLAN ROBERTS, CHAIRMAN
ATTEST:
. MARILY ERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2001-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE WEST SIDE YARD SETBACK TO CONSTRUCT AN ADDITION AT
A SINGLE FAMILY RESIDENCE AT 37 CHUCKWAGON ROAD IN
ZONING CASE NO. 625
was approved and adopted at a regular meeting of the Planning
Commission on February 20, 2001 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN KERN, DEPUTY CITY CLERK