729, Build a 440 SF addition to exi, Resolutions & Approval ConditionsRESOLUTION NO. 2006-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A
VARIANCE TO CONSTRUCT A GARAGE ADDITION AND A
SERVICE YARD IN THE FRONT SETBACK AND TO
CONSTRUCT AN ATTACHED TRELLIS IN THE REAR SETBACK
IN ZONING CASE NO. 729 AT 1 BOWIE ROAD (LOT 15-CRA),
(KULPA).
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. John Kulpa with
respect to real property located at 1 Bowie Road, Rolling Hills (Lot 15-CRA)
requesting a Variance to construct a 398 square foot garage addition and a
service yard that is located in the front setback and 221 square foot trellis, which
is located in the rear setback.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application at their regular meetings on July 19, 2006,
August 15, 2006 and at a field trip on August 15, 2006. 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' representatives were in
attendance at the hearings.
Section 3. The Planning Commission finds that the project qualifies as
a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt
from environmental review under the California Environmental Quality Act.
Section 4. 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 Sections 17.16.110 and 17.16.130 is required because it states that
every lot in the RAS-1 zone shall have a front setback of not less than 50 feet from
the roadway easement and rear setback of not less than 50 feet from the rear
property line. 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 this property that do not apply generally to other
properties or class of uses in the same zone because the configuration of the
existing structure, which encroaches into the front and rear setback, and which
extends from side yard setback to Los Angeles County easement line, prevent
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further expansion in the north or south direction. The existing residence is
located outside the envelope of the required setbacks. Most of the buildable areas
lie within the front and rear setbacks and within the 50-foot Los Angeles County
easements dedicated to hiking and riding. Therefore, due to these constraints as
well as the topography of the lot, there is no other area to improve the structures.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties 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 zone. The encroachment
permits the use of the lot to the extent allowed for other properties with similar
lot configurations. Most properties on Bowie Road and vicinity were developed
at a time when the requirement for the front setback was thirty feet from the
roadway easement ands not fifty feet, as currently required. Therefore, most
properties encroach into the front setback. The Variance will permit the
development of the property in a manner similar to development patterns on
surrounding properties and will follow the line of an already existing
encroachment.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the properties or improvements in such
vicinity and zone in which the property is located. Development in the front and
rear setbacks would 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.
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 potentially future equestrian uses on the
property. A suitable stable and corral area has been set -aside on the site.
E. The Variance request is consistent with the General Plan of the City
of Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient
open space between surrounding structures. The structural lot coverage and the
total impervious lot coverage are within the requirements of the City.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance in Zoning Case No. 729 to encroach
with garage addition and service yard into the front setback and with a trellis
into the rear setbacks, 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.
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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 this Permit, or shown otherwise
on an approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated September 11,
2006 except as otherwise provided in these conditions.
E. The property on which the project is located contains an adequate
area for a future stable, corral and access thereto, which when constructed will
require approximately 55 cubic yards of grading.
F. The property owners shall comply with the requirements of the
Lighting Ordinance 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 Class "A" roof covering,
whereby the entire roof, (the new addition and existing residence), shall comply
with these requirements. The Rolling Hills Community Association shall
approve the roof material.
H. Utility lines serving subject residence, garages and future stable
shall be placed underground.
I. No drainage structure shall be located in easements, unless
approved by the Rolling Hills Community Association.
J. Structural lot coverage shall not exceed 4,556 square feet or 18.4%
in conformance with lot coverage limitations.
K. Total lot coverage of structures and paved areas shall not exceed
7,448 square feet or 30.0% in conformance with total lot coverage limitations.
L. The disturbed area of the lot shall not exceed 9,546 square feet or
38.5% in conformance with disturbed area limitations.
M. Residential building pad coverage on the 4,655 square foot
residential building pad shall not exceed 83.6%, not including the 221 square foot
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attached trellis; coverage on the 1,000 square foot future stable pad shall not
exceed 45.0%.
N. Should the County Building and Safety Department require an
above ground drainage system, the system shall be designed in such a manner,
as not to cross over any equestrian trails and water from the drainage system
shall not be discharged onto a trail or adjacent properties. The system shall
incorporate earth tone colors, including in the design of the dissipater and shall
be adequate in size to discharge in a sheet flow manner and be screened from
any trail and neighbors' views to the maximum extent practicable, without
impairing the function of the drainage system.
O. The access to the future stable and corral is proposed through the
existing access and equestrian trail used by others in the community located on
the western portion subject lot. This existing access and equestrian trail shall
remain open and rideable at all times for equestrian activities by others in the
community and shall remain in natural dirt condition and shall not be paved.
P. During construction perimeter easements shall remain clear and
free of debris, parked vehicles, building material, building equipment and all
other construction items.
Q. Should new landscaping be introduced for this project, the
landscaping shall include water efficient irrigation that incorporates low
gallonage irrigation system, utilizes automatic controllers, incorporates an
irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and utilizes means to reduce water waste resulting from
runoff and overspray. Further, landscaping shall be designed using mature trees
and shrubs so as to screen the residence but not to obstruct views of neighboring
properties. Any new trees and shrubs planned to be introduced in conjunction
with this project shall, at maturity, not be higher than the ridge height of the
residence.
R. 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.
S. 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.
T. 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
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construction and mechanical equipment noise is permitted, so as not to interfere
with the quiet residential environment of the City of Rolling Hills.
U. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
V. 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.
W. 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.
X. 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.
Y. 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.
Z. 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.
AA. Any action challenging the final decision of the City made as a
result of the public hearing on this application must be filed within the time
limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code
of Civil Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF SEPTEMBER 2006.
ATTEST:
..� �. 2 k .,,,A,i__)
MARILYN 10ERN, DEPUTY CITY CLERK
I(VEL WITTE, CHAIRMAN
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2006-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO
CONSTRUCT A GARAGE ADDITION AND A SERVICE YARD IN THE
FRONT SETBACK AND TO CONSTRUCT AN ATTACHED TRELLIS IN THE
REAR SETBACK IN ZONING CASE NO. 729 AT 1 BOWIE ROAD (LOT 15-
CRA), (KULPA).
was approved and adopted at a regular meeting of the Planning Commission on
September 19, 2006 by the following roll call vote:
AYES: Commissioners Hankins, Sommer and Chairman Witte.
NOES: None.
ABSENT: Commissioners DeRoy and Henke.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY ITY CLERK
Reso. 2006-13
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TITLE(S) :
4
1110
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This page is part of your document - DO NOT DISCARD
By
06- 2311300
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
421 PM OCT 17 2006
NOV 1 3 2006
CITY OF ROLLING HILLS
LEAD -IEET
FEE D.T.T.
CODE
20
CODE
19
CODE
9
Code 01 - 25.00
Code 20 - 02.00
Code A005 - 001
Grand Total = $2 7Page Count =
7
A
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
.575A
THIS FORM IS NOT TO BE DUPLICATED
•
06 2'31_30
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
T RECORDER'S USE ONLY
The Registrar -Recorder's Office requires that the form be notarized before recordation.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
.ZONING CASE NO. 729
SITE PLAN REVIEW
VARIANCE X X
CONDITIONAL USE PERMIT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
1 BOWIE ROAD, ROLLING HILLS, (LOT 15-CRA), CA 90274
This property is the subject of the above numbered case and conditions of approval.
am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 729
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
XX
I (We) certify (or declare) under penalty of perjury that the foregoing is true and correct.
� —
Si Signature
(JI an1 typed or printed
Z3vvi v'RJiP
Address
z,t'Y //CL.S,
City/State
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On -J d -Azt2 before me, R Q 0fM//A/E_s_mit, g ' P08L/6
Personally appeared .i ofl N E. /<Lt L PA,
(or proved to me on the basis of satisfactory evidence) to be the persons) whose
name(&) is/are subscribed to the within instrument and acknowledged to me that he/s140/#12e,y executed the same
in his/14eHt . it authorized capacity{ies) and that by his/I:ter their signatures) -on the instrument the person{s), or
e entity upon behalf of which the person( acted, executed the instrument.
4.
ROSE OHANNESIAN Witnes by hand d fficial seal/
NOTARY PUBLIC - CALIFORNIA Yt .
COMM15S10N * 1479617
LOS ANGELES COUNTY Signature of Notary
Mir Comm. Exp. March 30, 2008 t
Name typed or printed
Address
City/State
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF