700, An addition of approx 922 sq f, Resolutions & Approval ConditionsRESOLUTION NO. 2005-07.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION
OF ADDITIONS, PORTION OF WHICH WOULD ENCROACH INTO THE
SIDE YARD SETBACKS AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE
FAMILY RESIDENCE ' IN ZONING CASE NO. 700 AT 40 CHUCKWAGON
ROAD, (LOT 23-CF); (LONG).
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. and Mrs. David Long
with respect to real property located at 40 Chuckwagon Road, Rolling Hills (Lot
23-CF) requesting a Variance to encroach with 185 square feet of a 922 square feet
additions into the side setbacks, (encroachment of 43 sq.ft. into the east side
setback and 142 sq.ft. into the west side setback) and a Variance to exceed the
maximum permitted disturbed area of the lot at an existing single family
residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on December 21, 2004, January 18, 2005,
and at a field trip visit on January 18, 2005. The applicants were 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. The Planning Commission reviewed, analyzed and studied said
proposal. The applicants and their representative were in attendance at the
hearings.
Section 3. In 1982 a Variance was granted to encroach with an addition
into the easterly side setback. The proposed addition will follow the building line
of the previously constructed encroachment on the easterly side and along the
existing building line on the westerly side. In 1992 a Conditional Use Permit was
granted to convert a stable into a guest house and to further encroach with a
proposed addition into the side setback. That addition was not constructed.
Section 4. The Planning Commission finds that the project qualifies as
a Class 3 Exemption (State of CA Guidelines), and is therefore categorically
exempt from environmental review under the California Environmental Quality
Act.
Section 5. Section 17.16.120 requires the side setback for every residential
parcel in the RA-S-1 Zone to be twenty (20) feet from the side property line. The
applicants are requesting to construct a 922 square foot addition, 185 square feet
of which would continue the encroachment into the side setbacks. With respect
to this request for a Variance, the Planning Commission finds as follows:
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A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply .generally to the other
property or class of use in the same zone. The lot is irregular in shape, narrowing
to 70-feet in width over much of its depth. The existing house was built from side
setback to side setback, which creates a difficulty in constructing the addition
elsewhere on the property. Previous additions were constructed in the side
setbacks and the proposed additions will follow the building line of the
previously constructed additions. There are no easements along the side
property lines on subject property; therefore, there aren't any restrictions on
planting in the remaining areas of the setback.
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
modest in size and the addition would cause the residence to be of the size of the
average home 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 existingbuilding pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences, so that it will not impact
the view or privacy of surrounding neighbors, and 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 shall protect the rural character of the community. The proposed
addition will not encroach into the existing or potentially future equestrian uses
on the property. A suitable area for a future stable and corral will be set aside.
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.
Section 6. Based upon the foregoingfindings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 700 to permit a 922 square foot addition, 185 square feet of which would
encroach into the side setbacks, subject to the requirements of Section 9 of this
Resolution.
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
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property to the same extent enjoyed by similar properties in the same vicinity. A
Variance to Section 17.16.070 (B) is required because it states that the lot
disturbance shall be limited to 40% of the net lot area. With, respect to this
request for a Variance for lot. disturbance of 53.3%, 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. The Variance for
the maximum permitted disturbance is necessary because the disturbance
already exceeds the maximum permitted by 12.6% (disturbance is already
52.6%). The additional disturbance will be minimal and will be created only
when the future stable is constructed. The additions will be constructedon an
existing building pad and no further disturbance of the pad will be required.
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 of the existing conditions of the lot, and due to the requirement that
every single family residence must set aside an area of 1,000 square feet for a
future stable and corral..
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 be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences, so that it will not impact
the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 8. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 700 to permit a disturbed area of 53.3% of the net lot area, subject to the
conditions specified in Section 9 of this Resolution.
Section 9. The Variance approval regarding the encroachment of the
proposed addition into the side setbacks approved in Section 6, and the Variance
regarding the exceedance of the disturbed net lot area approved in Section 8 of
this Resolution are subject to the following conditions:
A. The Variance approvals shall expire within two years from the
effective date of approval as defined in Section 17.38.070(A) of the Zoning
Ordinance unless otherwise extended pursuantto the requirements of that
'section. .
B. It is declared and made a condition of the approval, that if any
conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the provided that the
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City has given the applicants 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 Code, the Zoning Ordinance, and
of the zone in which the subject property is located must be complied with,
unless otherwise set forth in this approval.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated January 27,
2005 except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 6,052 square feet or 19.67%
in conformance with structural lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed
8,496 square feet or 27.6% in conformance with total lot coverage limitations.
G. The disturbed area of the lot shall not exceed 53.2% in conformance
with disturbed area limitations, as approved by this Variance.
H. Residential building pad coverage on the 6,405 square foot existing
residential building pad shall not exceed 5,122 square feet or 79.96%. The. guest
house pad coverage shall not exceed 23.3%, which includes the future stable.
I. There shall be no grading for this project.
J. There shall be a minimum of 6-foot clearance between the
southwestern corner of the structure and the top,of the slope.
K. If landscaping is planned in connection with this project, the
landscaping shall include water efficient irrigation, to the maximum extent
feasible, 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. To the maximum extent
feasible, native vegetation and trees should be used in the landscaping scheme
for this project, if planned. If trees are to be planted, they shall at full maturity
not exceed the ridge height of the residence nor should they block neighbors'
view.
L. 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.
M During construction, conformance with local ordinances and
engineering practices so thatpeople or property is not exposed tolandslides,
mudflows, erosion, or land subsidence shall be required.
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N. During construction, conformance with the air quality management
district requirements, storm water 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.
O. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control storm water pollution as required by the County of Los
Angeles.
P. During and after construction, all parking shall take place on the
project site.
Q. 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.
R. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of storm water drainage facilities.
S. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste and storm water pollution
prevention
T. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modifications to the property, which would
constitute additional structural development, including the construction of a
stable, shall require the filing of a new application for approval by the
Planning Commission.
U. Prior to granting a final inspection and/or certificate of occupancy,
all utility lines to the residence shall be placed,underground.
V. If a construction fence is erected during construction, it shall not be
located in any easement.
W. If an above ground drainage system is utilized, it shall be designed
in such a manner as not to cross over any equestrian trails. The drainage
system(s) 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.
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X. The property on which the project is located shall contain an area of
minimum of 1,000 square feet to provide an area meeting all standards for a
stable (450 square feet) and corral (550 square feet) with access thereto.
Y. The . City's requirements related to outdoor lighting, roofing
material and construction and all other requirements for the zone in which the
project is located shall be complied with.
Z. Prior, to issuance of a building permit, the project shall be reviewed
and approved by the Rolling Hills Community Association.
AA. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance approvals, pursuant to Sections 17.38.060 or the
approval shall not be effective.
AB. All conditions, when applicable, of the Variance approvals must be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF FEBRUARY, 2005.
ROGLR SOMMER, CHAIRMAN
ATTEST:
)< 1/41) h „41
MARILYN KERN; DEPUTY CITY CLERK
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STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2005-07 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION
OF ADDITIONS, PORTION OF WHICH WOULD ENCROACH INTO THE
SIDE YARD SETBACKS AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 700 AT 40 CHUCKWAGON
ROAD, (LOT 23-CF), (LONG).
was approved and adopted at a regular meeting of the Planning Commission on
February 15 2005 by the following roll call vote:
AYES: Commissioner DeRoy, Hankins, Margeta, Witte and Chairman
Sommer.
NOES: None.
ABSENT: , None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2005-07
Long
DEPUTY. CITY LERK
7