715, To legalize portions of existi, Resolutions & Approval Conditions• •
RESOLUTION NO. 2005-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT
CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO
THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 715, AT 44 CHUCKWAGON ROAD,
(LOT 21-CF), (MINKES).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Dr. and Mrs. Mark Minkes with
respect to real property located at 44 Chuckwagon Road, Rolling Hills (Lot 21-CF)
requesting a 577 square foot addition to the existing residence, of which 196 square feet
would encroach into the side setback. When completed the residence will be 4,799
square feet with a 649 square foot garage.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip on September 20, 2005 and at a regular meeting
on September 20, 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 and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicants and
their representative were in attendance at the hearings.
Section 3. The Rolling Hills Community Association approved the proposed
addition, and the Los Angeles County Building and Safety Department reviewed the
project under their Plan Check review process. Structural plan, floor plan, roof plan,
foundation plan and mechanical plans have also been prepared. Prior to issuance of a
building permit for the construction, the County required approval from the City.
During the City's review, it was determined that the property is located in the RAS-2
zone and that the proposed addition encroaches into the 35-foot side setback.
Section 4. 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 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 17.16.120 is required because it states that every
lot in the RAS-2 zone shall have a side yard of not less than 35 feet from the side
property line. The applicant is requesting a Variance to encroach between 6 feet to 8 feet
into the required 35-foot east side yard setback, for a total of 196 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 property or class of
use in the same zone because the subject lot is the only property on Chuckwagon Road
that is zoned RAS-2 (requiring that the size of the lot be 2 acres minimum and requiring
a 35-foot side yard setback). The remaining properties along Chuckwagon Road are
zoned RAS-1. The lot size and configuration, together with the existing development on
the lot creates a difficulty in meeting the side yard setback Code requirement. The
existing residence was built with the residence encroaching up to 6 feet into the side
yard 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. 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 and will square off already existing encroachment.
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 in the side yard will allow the remaining
portion of the lot to remain undeveloped, would minimize grading and would follow
the existing line of encroachment. The area of addition is screened from adjacent
property owners and would not impair views. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City. The residential
building pad coverage is also within the City's guidelines of 30%.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance in Zoning Case No. 715 to encroach 196 square feet into
the east side yard setback with an addition, subject to the following conditions:
A. The Variance approval 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.
B. It is declared and made a condition of the Variance 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 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.
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D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated September 7, 2005 except as
otherwise provided in these conditions.
E. The property on which the project is located contains a stable and corral
with access thereto on the adjacent lot, approved in 1987, and it shall remain, subject to
conditions of the 1987 approval.
F. The property owners shall comply with the requirements of the Lighting
Requirements of the City of Rolling Hills, 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. Structural lot coverage shall not exceed 8,008 square feet or 9.2% in
conformance with lot coverage limitations.
J. Total lot coverage of structures and paved areas shall not exceed 17,218
square feet or 19.8% in conformance with total lot coverage limitations.
K. The disturbed area of the lot shall not exceed 28,925 square feet or 33.2% in
conformance with disturbed area limitations.
L. Residential building pad coverage on the 20,925 square foot residential
building pad shall not exceed 6,249 square feet or 29.9%, which includes 64 square feet of
the 544 square feet covered porches; coverage on the 6,000 square foot existing guest
house building pad shall not exceed 13.3%.
M. There shall be no grading for this project.
N. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
O. 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 in accordance with Section 17.27.020
(Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code.
Further, landscaping shall be designed using mature trees and shrubs so as not to
obstruct views of neighboring properties but to screen the residence. Any new trees and
shrubs planned to be planted in conjunction with this project shall, at maturity, not be
higher than the ridge height of the residence.
P. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
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Minkes
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construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
Q. 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.
R. 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.
S. 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.
T. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails, if any.
U. 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.
V. 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.
W. 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.
X. 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) 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.
Y. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
Z. The applicant shall execute an Affidavit of Acceptance of all conditions of
this Variance pursuant to Section 17.38.060, or the approval shall not be effective.
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AA. All conditions of this 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 THIS 20th DAY OF SEPTEMBER, 2005.
ARVEL WITTE, VICE CHAIRMAN
ATTEST:
lA/-)
MARILYN KERN, DEPUTY CITY CLERK
Reso. 2005-31
Minkes
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2005-31 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION
THAT WOULD ENCROACH INTO THE EAST SIDE YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 715, AT 44
CHUCKWAGON ROAD, (LOT 21-CF), (MINKES).
was approved and adopted at a regular meeting of the Planning Commission on
September 20, 2005 by the following roll call vote:
AYES: Commissioners Hankins, Henke, Sommer and Vice Chairman Witte.
NOES: None.
ABSENT: Chairwoman DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2005-31
Minkes
DEPUTY CITY CLERK
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