Loading...
700, An addition of approx 922 sq f, Staff Reports• City oyeoeeng �aee DATE: FEBRUARY 28, 2005 TO: • HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER 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 Agenda Item No.: 4B Mtg. Date: 2 / 28 / 05 SUBJECT: RESOLUTION NO. 2005-07. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF ADDITIONS, PORTIONS 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). BACKGROUND 1. The Planning Commission adopted Resolution No. 2005-07, which is attached, on February 15, 2005 at their regular meeting granting approval of additions to single family residence, which would encroach into the side yard setbacks and exceed the maximum permitted disturbed are of the lot. The vote was unanimous, (5-0). 2. The applicants propose to construct 922 square feet of additions to the existing 2,696 square foot residence, portion of which would encroach into the side setbacks. When completed, the residence will be. 3,618 square feet with a 601 square foot garage. 3. Several months ago a portion of the residence was damaged by fire. The applicants wish to re -build the damaged residence and construct the additions. 4. The lot is irregularly shaped parcel narrowing to 70 feet in width over much of its depth. The are no easements along the sides of the property. The original house was built in 1957. In 1982 a Variance was granted to encroach into the westerly side yard setback. (The required side yard setbacks at that time was 30- feet). In 1992 a Variance was granted for a 220 square foot addition, a portion of ZC 700 cc92RM.S ®Prvatecl on rliacycicd I'aarK;r • • which encroached into the westerly 20-foot side yard setback. This addition was not constructed. Planning Department records show that most homes on Chuckwagon Road encroach into the front and side setbacks. 5. The property is developed with a 2,696 square foot residence, 601 square foot garage, 72 square foot covered porch, 685 square foot swimming pool, 50 square foot pool equipment, 96 square foot service yard and 480 square foot guest house. A 3-foot wall is located in the front and east side yard setback. 6. Of the 922 square foot residential additions 43 square feet will encroach 5 feet into the 20-foot easterly side yard setback and 132 square feet will encroach up to .7..5 feet into the westerly side yard setback. A total of 125 square . feetof the existing residence already encroaches 5 feet into the easterly side yard setback, and approximately 20 square feet encroach 2.5 feet into the westerly side yard setback. The proposed encroachments follow the building line of the existing residence. The height of the additions will follow the existing roofline. Part of the existing garage encroaches into the front setback. 7. In January 1992, together with the Variance approval for the addition, a Conditional Use Permit to convert the stable into a guest house was approved. At that time, an area for a future 450 square foot stable with 550 square foot corral has been seta aside between the residence and the guest house. The same location for a stable and corral is proposed currently. Access to the stable is proposed along the westerly side yard, then across the lot behind the pool and along the easterly side yard. 8. No grading is required for this project. The additions will be located on a previously graded pad. Grading will consist of 16 cubic yards of cut and 16 cubic yards of fill when the stable is constructed. 9. The existing driveway and driveway approach from Chuckwagon Road will remain. 10. The property is located in the RAS-1 zone and is 1.09 acres gross in area, (47,505 square feet). The net lot area is 30,759 square feet. The structural lot coverage proposed is 6,052 square feet or 19.67% of the net lot area, which includes all of the structures, (20% permitted). The total lot coverage proposed, including structures and flatwork is 8,496 square feet or 27.62% of the net lot area, (35% permitted). 11. There are two building pads on the property. The existing residential building pad is 6,405 square feet and will have coverage of 5,122 square feet or 79.96%. Currently, the building pad coverage is 65.6%. The existing stable pad consists of 3,990 square feet. With the future stable the coverage on this pad will be 23.3%. Currently the coverage on this pad is 12.0%, which includes the guest house. Combined building pad coverage will be 59.1%. 12. The disturbed area of the lot, including the future stable will be 53.3% of the net lot area, which requires a Variance. Currently the disturbed area is 52.6%, ZC 700 C'c97Rns • • which exceeds the 40% requirement. This is a pre-existing, nonconforming situation. The Variance is required for the exceedance of the disturbed area that will result from the construction of the future stable. Because of the Variance, the Planning Commission has required that construction of the future stable, regardless of whether it replaces any existing structure, shall be reviewed and approved by the Planning Commission. 13. Responding to the criteria to be satisfied for grant of a Variance the applicants' representative states "exceptional conditions exist at 40 Chuckwagon Road in that the parcel is dramatically narrower than other properties in the are. The Longs' property is possibly the narrowest parcel in the City with an average property width_of 88 feet by a depth of 540 feet. The average building pad width is 67 feet. In the area of the additions the pad width is as small as 54 feet. This extremely narrow, building pad results in hardships in improving the existing home. Given the topography of the lot, the siting of the existing home, and the narrowness of the pad, the only locations for additions require building in the side yard setbacks. The proposed additions in setbacks total an area of 185 square feet, and are improvements necessary for the preservation and enjoyment of the property as possessed by others. These extraordinary circumstances do not generally apply to other properties in the area". The representative further states "there will be no negative impact on the adjacent properties. The property to the west is zoned RAS-2 and requires a 35-foot side yard setback. Given the mature landscaping between the properties and the topographical differences, the additional encroachment will not negatively,impact the property. The property to the east will not be impacted in that encroachments are no worse than the current nonconforming conditions and are small in scale at only 43 square feet". 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 for the entire roof meets City standards. 16. A letter of support for this project from a neighbor is attached. 17. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the. City Council receive and file the staff report or provide other direction to staff. ZC 700 CY'77Rn.s ZONING CASE NO. 700 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 STABLE PAD COVERAGE 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 ZC 700 CC27Rflr, EXISTING Single family residence,. which encroaches into the side yard setbacks Residence 2696 sq.ft. Garage 601 sq.ft Stable Serv. Yard 96 sq.ft. Pool 685 sq.ft. Pool equip. 50 sq.ft. Porch 72 sq.ft. Guest 480 sq.ft. House TOTAL 4,680 sq.ft 15.21 22.77% 65.6% 12.0% N/A 52.6% N/A N/A N/A I Existing from Chuckwagon N/A N/A PROPOSED Additions, which would further encroach into the side yard setbacks Residence Garage Stable Serv. Yard Pool Pool equip. Porch Guest House TOTAL 3618 sq.ft 601 sq.ft 450 sq.ft. 96 sq.ft 685 sq.ft. 50 sq.ft: 72 sq.ft 480 sq.ft. 6,052 sq.ft 19.67% of 30,759 sq.ft. net lot area 27.62% of 30,759 sq.ft. net lot area 79.96% of the 6,405 sq.ft. pad 23.3% of 3,990 sq.ft. pad Combined — 59.1 % 16 cubic yards cut and fill, for future stable 53.3% (16,406 sq.ft. - includes future stable) Variance required Future 450 sq.ft. Future 550 sq.ft. Along west side yard, behind the pool and along the east side yard Existing from Chuckwagon Planning Commission condition Planning Commission condition 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 33 Chuckwagon Rd. 35 Chuckwagon Rd. 37 Chuckwagon Rd. 39 Chuckwagon Rd. 44 Chuckwagon Rd. 38 Chuckwagon Rd. 36 Chuckwagon Rd. AVERAGE 40 Chuckwagon Rd. Long OWNER Hazelrigg Enright Elliott Black Minkes Horn Huete RESIDENCE In square feet 3,765 4,506 3,107 3,131 4,108 2,555 3,444 3,516 Existing 2,696; Proposed 3,816 SOURCE: Assessors' Records/Department of Planning Records The above calculations do not include garages. ZC 700 rr77S2n.5 LOT AREA (excl. road) 87,120 52,054 65,340 37,026 102,540 46,609 50,704 63,056 47,505 RESOLUTION 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: Reso. 2005-07 T.nrin • • 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 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. 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 foregoing findings 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 Reso. 2005-07 T.nna • • 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 Iot 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 theotherproperty 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 e additional disturbance will be, minimal and will_..becreatedonly when the future stable is constructed. The additions will be constructed on 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 pursuant to 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 Reso. 2005-07 i.nno • • 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 that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. Reso. 2005-07 i.nna 4 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. Reso. 2005-07 T.nno • • 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. ROG SOMMER, CHAIRMAN ATTEST: l� .a It_:. , �._ i ;, MARILYN KERN; DEPUTY CITY CLERK Reso. 2005-07 T .nna ti 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. DEPUTY CITY CLERK Reso. 2005-07 Long 7 DATE: TO: -FROM: Ci1 0/Ie0f/L P, 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 FEBRUARY, 2005 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 700 40 CHUCKWAGON ROAD (LOT 23-CF) RA-S-1, 1.09 ACRES (GROSS) MR. AND MRS. DAVID LONG CRISS GUNDERSON, ARCHITECT DECEMBER 11, 2004 Request for a Variance to permit construction of additions, portions 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. BACKGROUND At the January 18, 2005 Planning Commission meeting, the Commission directed staff to prepare a Resolution of approval in Zoning Case No. 700, with standard findings and conditions, and with conditions that any further development on the property, including a stable, be reviewed by the Planning Commission under a Site Plan Review criteria and that a wider walkway be provided between the southern corner of the lot and the top of slope. The vote was unanimous. The applicants submitted a revised plan showing a 6-foot pathway between the top of slope and the southern corner of the residence. Resolution No. 2005-07 is attached for Commission's consideration. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2005-07 approving this development. ®Printeri on Recycled Paper • • RESOLUTION 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: Reso. 2005-07 T.nno 1 • • 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 existingresidence 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 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. 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 foregoing findings 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 Reso. 2005-07 T .nn a • • 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 constructed on 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 pursuant to 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 Reso. 2005-07 T.nna • • 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 that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. Reso. 2005-07 T E 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. - a _ 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. Reso. 2005-07 T.nna • • 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. ROGER SOMMER, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2005-07 T .nn a 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: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. 2005-07 T.nna 7 • City ot Rolling JUL DATE: JANUARY 18, 2005 TO: 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 . _ —.. _FROM:. - .. YOLANTA SCHWARTZ, -PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 700 40 CHUCKWAGON ROAD (LOT 23-CF) RA-S-1, 1.09 ACRES (GROSS) MR. AND MRS. DAVID LONG CRISS GUNDERSON, ARCHITECT DECEMBER 11, 2004 Request for a Variance to permit construction of additions, portions 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. BACKGROUND 1. At the December 21, 2004 Planning Commission public hearing, the Commission scheduled a field trip to subject property on January 18, 2005. 2. The applicants propose to construct 922 square feet of additions to the existing.2,696 square foot residence, portion of which would encroach into the side setbacks. When completed, the residence will be 3,618 square feet with a 601 square foot garage. 3. Several months ago a portion of the residence was damaged by fire. The applicants wish to re -build the damaged residence and to construct the additions.. 4. The lot is irregularly shaped parcel narrowing to 70 feet in width over much of its depth. The are no easements along the sides of the property. The original house was built in 1957. In 1982 a Variance was granted to encroach into the westerly side yard setback. (The required side yard setbacks at that time was 30- feet). In 1992 a Variance was granted for a 220 square foot addition, a portion of which encroached into the westerly 20-foot side yard setback. This .addition was not constructed. Planning Department records show that most homes on Chuckwagon Road encroach into the front and side setbacks. ZC NO. 700 PC 1/18/05FT 1 ®Prins vrl on H!x.yr:Ir,d ! argil • 5. The property is developed with a 2,696 square foot residence, 601 square foot garage, 72 square foot covered porch, 685 square foot swimming pool, 50 square foot pool equipment, 96 square foot service yard and 480 square foot guest house. A 3-foot wall is located in the front and east side yard setback. 6. Of the 922 square foot residential additions 43 square feet will encroach 5 feet into the 20-foot easterly side yard setback and 132 square feet will encroach up to 7.5 feet into the westerly side yard setback. A total of 125 square feet of the existing residence already encroaches 5 feet into the easterly side yard setback, and approximately 20 square feet encroach 2.5 feet into the westerly side yard setback. The proposed encroachments follow the building line of the existing residence. The height of the additions will follow the existing roofline. Part of the existing garage encroaches into the front setback. 7. In January 1992, together with the Variance approval for the addition, the Planning Commission approved a Conditional Use Permit to convert the stable into a guest house. At that time, an area for a future 450 square foot stable with 550 square foot corral has been seta aside between the residence and the guest house. The same location for a stable and corral is proposed currently. Access to the stable is proposed along the westerly side yard, then across the lot behind the pool and along the easterly side yard. 8. No grading is required for this project. The additions will be located on a previously graded pad. Grading consisting of 16 cubic yards of cut and 16 cubic yards of fill will be required when the stable is constructed. 9. The existing driveway and driveway approach from Chuckwagon Road will remain. 10. The property is located in the RAS-1 zone and is 1.09 acres gross in area, (47,505 square feet). The net lot area is 30,759 square feet. The structural lot coverage proposed is 6,052 square feet or 19.67% of the net lot area, which includes all of the structures, (20% permitted). The total lot coverage proposed, including structures and flatwork is 8,496 square feet or, 27.62% of the net lot area, (35% permitted). 11. There are two building pads on the property. The existing residential building pad is 6,405 square feet and will have coverage of 5,122 square feet or 79.96%. Currently, the building pad coverage is 65.6%. The existing stable pad consists of 3,990 square feet. With the future stable the coverage on this pad will be 23.3%. Currently the coverage on this pad is 12.0%, which includes the guest house. Combined building pad coverage will be 59.1%. 12. The disturbed area of the lot, including the future stable will be 53.3% of the net lot area, which requires a Variance. Currently the disturbed area is 52.6%, which exceeds the 40% requirement. This is a pre-existing, nonconforming situation. The Variance is required for the exceedance of the disturbed area that will result from the construction of the future stable. ZC NO. 700 PC 1/18/05Fr 2 13. Responding to the criteria to be satisfied for grant of a Variance the applicants' representative states "exceptional conditions exist at 40 Chuckwagon Road in that the parcel is dramatically narrower than other properties in the are. The Longs' property is possibly the narrowest parcel in the City with an average property width of 88 feet by a depth of 540 feet. The average building pad width is 67 feet. In the area of the additions the pad width is as small as 54 feet. This .extremely narrow building pad results in hardships in improving the existing home. Given the topography of the lot, the siting of the existing home, and the narrowness of the pad, the only locations for additions require building in the side yard setbacks. The proposed additions in setbacks total an area of 185 square feet, and --are- improvements necessary for the preservation and enjoyment of the property as possessed by others. These extraordinary circumstances do not generally apply to other properties in the area". The representative, further states "there will be no negative impact on the adjacent properties. The property to the west is zoned RAS-2 and requires a 35-foot side yard setback. Given the mature landscaping between the properties and the topographical differences, the additional encroachment will not negatively impact the property. The property to the east will not be impacted in that encroachments are no worse than the current nonconforming conditions and are small in scale at only 43 square feet". 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. A letter in support of this project from a neighbor is attached. 17. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the Planning Commission view the proposed development. ZC NO. 700 PC 1/18/05FT 3 • • ZONING CASE NO. 700 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 STABLE PAD COVERAGE 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 sq. ft.). STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC NO. 700 PC 1/18/05FT EXISTING Single family residence, which encroaches into the side yard setbacks Residence 2696 sq.ft. Garage 601 sq.ft Stable ServiceYard 96 sq.ft. Pool 685 sq.ft. Pool eqipm. 50 sq.ft. Porch 72 sq.ft. Guest 480 sq.ft. House TOTAL 4,680 sq.ft 15.21 22.77% 65.6% PROPOSED Additions, which would encroach into the side yard setbacks Residence Garage Stable ServiceYard Pool Pool eqipm. Porch Guest House TOTAL 3618 sq.ft 601 sq.ft 450 sq.ft. 96 sq.ft 685 sq.ft. 50 sq.ft. 72-sq.ft 480 sq.ft. 6,052 sq.ft 19.67% of 30,759 sq.ft. net lot area 27.62% of 30,759 sq.ft. net lot area 79.96% of the 6,405 sq.ft. pad 12.0% 23.3% of 3,990 sq.ft. pad Combined — 59.1 % N/A 16 cubic yards cut and fill, for future stable 52.6% N/A N/A N/A I Existing from Chuckwagon N/A N/A 4 53.3% (16,406 sq.ft. -includes future stable) Variance required Future 450 sq.ft. Future 550 sq.ft. Along west side yard, behind the pool and along the east side yard Existing from Chuckwagon Planning Commission condition Planning Commission condition 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 33 Chuckwagon Rd. 35 Chuckwagon Rd. 37 Chuckwagon Rd. 39 Chuckwagon Rd. 44 Chuckwagon Rd. 38 Chuckwagon Rd. 36 Chuckwagon Rd. AVERAGE 40 Chuckwagon Rd. Long Hazelrigg Enright Elliott Black Minkes Horn Huete RESIDENCE In square feet 3,765 4,506 3,107 3,131 4,108 2,555 3,444 3,516 Existing 2,696; Proposed 3,816 LOT AREA (excl. road) 87,120 52,054 65,340 37,026 102,540 46,609 50,704 63,056 47,505 SOURCE: Assessors' Records/Department of Planning Records The above calculations do not include garages. ZC NO. 700 PC 1/18/05FT 12/20/2004 14:21' • 31054E 31 Chuckwagon Road Rolling Hills, California 90274 December 20, 2004 DR LY1NN/ GIL ratA DEC 2 0 2004 CITY OF ROLLING HILLS By RE: David Long residence, 40 Chuckwagon Road Via FAX 377-7288 Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Dear Gentlepersons: I have reveiwed the plans for the David Long residence additions that will be discussed tomorrow evening. The additions appear well -integrated into the present residence, and will be a nice enhancement of the residence and to our neighborhood. The proposed additions minimally encroach into the side -yard setback. As you know, virtually every residence on Chuckwagon Road encroaches into side -yard set -backs on both sides of the residence. Thls allows construction of ranch -style homes which are aligned long -wise with the street, versus "shot -gun" type houses that extend farther into the lot while having less street facing. Granting of such variances still leaves a minimum of 20 feet between residences, and since most homes are stepped down the hill and off -set on lots, there is not a visual impact. Regards, -1/%14 Lyn 'h and Sheri Gill .PAGE 01/01« DATE: TO: FROM: • City o/ie0ii Jl PF 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 DECEMBER 21, 2004 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 700 40 CHUCKWAGON ROAD (LOT 23-CF) RA-S-1, 1.09 ACRES (GROSS) MR. AND MRS. DAVID LONG CRISS GUNDERSON, ARCHITECT DECEMBER 11, 2004 Request for a Variance to permit construction of additions, portions 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. BACKGROUND 1. The applicants propose to construct 922 square feet of additions to the existing 2,696 square foot residence, portion of which would encroach into the side setbacks. When completed, the residence will be 3,618 square feet with a 601 square foot garage. 2. Several months ago a fire occurred at the property. The applicants wish to re -build the damaged parts of the residence and to construct small additions. 3. The lot is irregularly shape parcel narrowing to 70 feet in width over much of its depth. The are no easements along the sides of the property. The original house was built in 1957. In 1982 a Variance was granted to encroach into the westerly side yard setback. (The required side yard setbacks at that time was 30- feet). In 1992 a Variance was granted for a 220 square foot addition, a portion of which would encroach into the westerly 20-foot side yard setback. This addition was not constructed. Planning Department records show that most homes on Chuckwagon Road encroach into the front setback and into the side setbacks. 4. The property is developed with a 2,696 square foot residence, 601 square foot garage, 72 square feet covered porches, 685 square foot swimming pool, 50 ZC NO. 700 PC 12/21/04 1 d Pn1110(i on Recydr,(1 • • square foot pool equipment, 96 square foot service yard and 480 square foot guest house. A 3-foot wall is located in the front and east side yard setback. 5. Of the 922 square foot residential additions 43 square feet will encroach 5 feet into the 20-foot easterly side yard setback and 132 square feet will encroach up , to 7.5 feet into the westerly side yard setback. A total of 125 square feet of the existing residence already encroaches 5 feet into the easterly side yard setback, and approximately 20 square feet encroach 2.5 feet into the westerly side yard setback. The.. proposed.. encroachments _follow... the building, line .of ,the.. existing.. residence._,. The height of the additions will follow the existing roofline. Part of the existing garage encroaches into the front setback. 6. In January 1992,. together with the Variance approval for the addition, the Planning Commission approved a Conditional Use Permit to convert the stable into a guest house. At that time, an area for a future 450 square foot stable with 550 square foot corral has been seta aside between the residence and the guest house. The same location for a stable and corral is proposed currently. Access to the stable is proposed along the westerly side yard, then across the lot behind the pool and along the easterly side yard. 7. No grading is required for this project. The additions will be located on a previously graded pad. Grading consisting of 16 cubic yards of cut and 16 cubic yards of fill will be required when the stable is constructed. 8. The existing driveway and driveway approach from Chuckwagon Road will remain. 9. The property is located in the RAS-1 zone and is 1.09 acres gross in area, (47,505 square feet).. The net lot area is 30,759 square feet. The structural lot coverage proposed is 6,052 square feet or 19.67% of the net lot area, which includes all of the structures, (20% permitted). The total lot coverage proposed, including structures and flatwork is 8,496 square feet or 27.62% of the net lot area, (35% permitted). 10. There are two building pads on the property. The existing residential building pad is 6,405 square feet and will have coverage of 5,122 square feet or 79.96%, which includes the covered porch. (As previously reported, based upon Zoning Code revisions that will still be addressed in the near future by the Planning Commission, staff will provide calculations for building pad coverage with and without covered porches, porte cochere and similar solid roofed structures. Without the 72 square foot porch, the building pad coverage will be 5,050 square feet or 78.8%). Currently, the building pad coverage is 65.6% including the porch and 64.4% not including the porch. The stable pad also exists and consists of 3,990 square feet. With the future stable the coverage on this pad will be 23.3%. Currently the coverage on this pad is 12.0%, which includes the guest house. Combined building pad coverage will be 58.2% excluding the porch from the calculations and 59.1% including the porch. ZC NO. 700 PC 12/21/04 11. The disturbed area of the lot, including the future stable will be 53.3% of the net lot area, which requires a Variance. Currently the disturbed area is 52.6%, which exceeds the 40% requirement. This is a pre-existing, nonconforming situation. The Variance is required for the exceedance of the disturbed area that will result from the construction of the future stable. 12. Responding to the criteria to be satisfied for grant of a Variance the applicants' representative states "exceptional conditions exist at 40 Chuckwagon Road:_in.that the parcel isAramatically.narrower : than other. properties .in -the .are. The Longs' property is possibly the narrowest parcel in the City with an average property width of 88 feet by a depth of 540 feet. The average building pad width is 67 feet. In the area of the additions the -,pad width is as small as 54 feet. This extremely narrow building pad results in hardships in improving the existing home. Given the topography of the lot, the siting of the existing home, and the narrowness of the pad, the only locations for additions require building in the side yard setbacks. The proposed additions in setbacks total an area of 185 square feet, and are improvements necessary for the preservation and enjoyment of the property as possessed by others. These extraordinary circumstances do not generally apply to other properties in the area". The representative further states "there will be no negative impact on the adjacent properties. The property to the west is zoned RAS-2 and requires a 35-foot side yard setback. Given the mature landscaping between the properties and the topographical differences, the additional encroachment will not negatively impact the property. The property to the east will not be impacted in that encroachments are no worse than the current nonconforming conditions and are small in scale at only 43 square feet". 13. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 14. 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. 15. The Rolling Hills Community Association will review the project at a later date. RECOMMENDATION It is recommended that the Planning Commission review the staff report, open the public hearing and take public testimony. ZC NO. 700 PC 12/21/04 3 ZONING CASE NO. 700 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 STABLE PAD COVERAGE 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 ZC NO. 700 PC 12/21/04 EXISTING Single family residence, which encroaches into the side yard setbacks PROPOSED Additions, which would encroach into the side yard setbacks Residence 2696 sq.ft. Residence 3618 sq.ft Garage 601 sq.ft Garage 601 sq.ft Stable Stable 450 sq.ft. ServiceYard 96 sq.ft. ServiceYard 96 sq.ft Pool 685 sq:ft:°- Pool ` _ 685 sq.ft. Pool eqipm. 50 sq.ft. Pool eqipm. 50 sq.ft. Porch 72 sq.ft. Porch 72 sq.ft Guest 480 sq.ft. Guest 480 sq.ft. -House House TOTAL 15.21 22.77% 4,680 sq.ft TOTAL 6,052 sq.ft 65.6% w/porch 64.4% w/o porch 12.0% N/A 52.6% N/A N/A N/A Existing from Chuckwagon N/A 19.67% of 30,759 sq.ft. net lot area 27.62% of 30,759 sq.ft. net lot area 79.96% w/porch of the 6,405 sq.ft. pad (78.8% w/o porch) 23.3% of 3,990 sq.ft. pad Combined — (58.2% w/o porch) 59.1% w/porch 16 cubic yards cut and fill, for future stable 53.3% (16,406 sq.ft. -includes future stable) Variance required Future 450 sq.ft. Future 550 sq.ft. Along west side yard, behind the pool and along the east side yard Existing from Chuckwagon Planning Commission condition N/A Planning Commission condition 4 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 RESIDENCE LOT AREA In square feet (excl. road) 33 Chuckwagon Rd. Hazelrigg 3,765 87,120 35 Chuckwagon Rd. Enright 4,506 52,054 37 Chuckwagon Rd. Elliott 3,107 65,340 39 Chuckwagon Rd. Black 3,131 37,026 44 Chuckwagon Rd. Minkes 4,108 102,540 38 Chuckwagon Rd. Horn 2,555 46,609 36 Chuckwagon Rd. Huete 3,444 50,704 AVERAGE 3,516 63,056 40 Chuckwagon Rd. Long Existing 2,696; 47,505 Proposed 3,816 SOURCE: Assessors' Records/Department of Planning Records The above calculations do not include garages. ZC NO. 700 PC 12/21/04 5