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none, , Staff Reports110 City 0/ INCORPORATED JANUARY 24, 1957 AGENDA ITEM 4-A NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7286 MEETING DATE 5/24/93 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: BACKGROUND ZONING CASE NO. 491 Mr. and Mrs. Norman Lean, 22 Eastfield Drive (84-EF) RESOLUTION NO. 93-18: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A GARAGE ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A BATHROOM ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A BAY WINDOW ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT RETAINING WALLS, AND GRANTING SITE PLAN REVIEW APPROVAL FOR SUBSTANTIAL ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 491. 1. The Planning Commission approved the subject resolution on May 18, 1993. 2. The applicants are requesting:: (1) a Variance to the rear yard setback to construct a garage addition; (2) a Variance to the rear yard setback to construct a bathroom addition; (3) a Variance to the rear yard setback to construct a bay window addition; (4) a Variance to the rear yard setback to construct retaining walls; and (5) Site Plan Review for substantial residential additions. The existing garage and pool encroach into the rear yard setback. 3. The applicants also request Site Plan Review to construct 3 small additions at the western portion of the existing house and substantial additions at the eastern portion of the existing residence along with an attached garage. An existing detached garage will be demolished. 4. Grading for the project site will not be required. 5. The structural lot coverage proposed is 12.5% and the total lot coverage proposed is 30.8%. ®Printed on Recycled Paper. ZONING CASE NO. 491 PAGE 2 6. The residential building pad coverage will be 40.8% and the overall building pad coverage will be 43%. RECOMMENDATION It is recommended that the City Council receive and file Resolution No. 93-18. RESOLUTION NO. 93-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A GARAGE ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A BATHROOM ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A BAY WINDOW ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT RETAINING WALLS, AND GRANTING SITE PLAN REVIEW APPROVAL FOR SUBSTANTIAL ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 491. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. and Mrs. Norman Lean with respect to real property located at 22 Eastfield Drive, Rolling Hills (Lot 84-EF) requesting: (1) a Variance to the rear yard setback to construct a garage addition; (2) a Variance to the rear yard setback to construct a bathroom addition; (3) a Variance to the rear yard setback to construct a bay window addition; (4) a Variance to the rear yard setback to construct retaining walls; and (5) Site Plan Review for substantial residential additions. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications for Variances and Site Plan Review on March 16, 1993 and April 27, 1993 and at a field trip visit on April 17, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Sections 17.32.010 through 17.32.030 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. A Variance to Section 17.16.080is required to construct additions in the fifty (50) foot rear yard setback. The applicant is requesting a garage addition which will encroach 34feet into the rear yard setback. The Planning Commission finds: A. There are exceptional or extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the buildable area of the lot is located at the rear of the property. Also, the existing RESOLUTION NO. 93-18 PAGE 2 development pattern on the lot and the sloping front portion precludes continued expansion of the house towards that area on the lot without leaving areas of open space on the building pad. 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 the property in question. The Variance is necessary because the proposed addition will be aligned with the existing garage which which will be replaced and moved 36 feet to the southeast. The garage will not be visible from the street. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves a Variance to allow a garage addition to the residential structure to encroach into the rear yard setback to a maximum of 34 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 15. Section 6. A Variance to Section 17.16.080 is required to construct additions to the existing residence in the fifty (50) foot rear yard setback. The applicant is requesting a bathroom addition which will encroach up to 5 feet into the rear yard setback. The Planning Commission finds: A. There are exceptional or extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the buildable area of the lot is located at the rear of the property. Also, the existing development pattern on the lot and the sloping front portion precludes continued expansion of the house towards that area on the lot without leaving areas of open space on the building pad. 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 the property in question. The Variance is necessary because the proposed addition will be will not encroach any further than existing portions of the residence. Also, the Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. RESOLUTION NO. 93-18 PAGE 3 C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves a Variance to allow a bathroom addition to the existing residential structure to encroach into the rear yard setback to a maximum of 5 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 15. Section 8. A Variance to Section 17.16.080 is required to construct additions in the fifty (50) foot rear yard setback. The applicant is requesting a bay window addition which will encroach up to 14 feet into the rear yard setback. The Planning Commission finds: A. There are exceptional or extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity. and zone. The Variance is necessary because the buildable area of the lot is located at the rear of the property. Also, the existing development pattern on the lot and the sloping front portion precludes continued expansion of the house towards that area on the lot without leaving areas of open space on the building pad. 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 the property in question. Also, the Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 9. Based upon the foregoing findings, the Planning Commission hereby approves a Variance to allow a bay window addition to the existing residential structure to encroach into the rear yard setback to a maximum of 14 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 15. • • RESOLUTION NO. 93-18 PAGE 4 Section 10. A Variance to Section 17.16.080 is required to construct retaining walls in the fifty (50) foot rear yard setback. The applicant is requesting to construct a multiple segmented retaining wall that is approximately 179 feet long with a maximum height of 3 feet. The proposed retaining walls will encroach up to 42 feet into the rear yard setback. The Planning Commission finds: A. There are exceptional or extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The front yard slopes upward from the street to the building pad. The proposed walls are intended to delineate the driveway and buttress the sloping area along the driveway at the rear property line. The Variance is necessary because the buildable area of the lot is located at the rear of the property. Also, the existing development pattern on the lot and the sloping front portion precludes continued expansion of the house towards that area on the lot without leaving areas of open space on the building pad. 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 the property in question. The Variance is necessary to create a terraced slope so as to permit multiple landscaping uses of the property similar to landscaping patterns on adjacent properties. Also, the Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. The construction of these walls will allow for more beneficial use of the property for landscaping purposes. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in.the vicinity and zone in which the property is located. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 11. Based upon the foregoing findings, the Planning Commission hereby approves a Variance to allow the construction of approximately 179 feet of retaining walls to a maximum height of 3 feet to encroach into the rear yard setback to a maximum of 42 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 15. Section 12. Section 17.34.010 requires a development plan to be submitted for site plan review and approval before any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by more than twenty-five percent (25%) in any thirty-six month period. RESOLUTION NO. 93-18 PAGE 5 Section 13 The Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback and lot coverage requirements. The, lot has a net square foot area of 49,702 square feet. The proposed residence (4,496.5 sq.ft.), garage (706.5 sq.ft.), spa (50 sq.ft.), stable (880 sq.ft.), and service yard (98 sq.ft.), will have 6,231 square feet which constitutes 12.5% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 13,543 square feet which equals 30.84% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large lot with most of the proposed additions located away from the road so as to reduce •the visual impact of the development and is similar and compatible with several neighboring developments. B. The proposed development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as' hillsides and knolls) and grading will be minimal to minimize building coverage on the building pad itself. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to Eastfield Drive and the northeast portion of the lot. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the structural and total lot coverage to be exceeded. Significant portions of the lot, will be left undeveloped so as to minimize the impact of development. F. The proposed development is harmonious in scale and mass with the site, the natural terrain and surrounding residences because as indicated in Paragraph A, lot coverage maximums will not be exceeded and the proposed project is of consistent scale with the neighborhood, thereby grading will be required only to restore the natural slope of the property. The ratio of the proposed structure to lot coverage is similar to the ratio found on several properties in the vicinity. RESOLUTION NO. 93-18 PAGE 6 G. The proposed development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize the existing vehicular access off Eastfield Drive, thereby having no further impact on the roadway. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 14. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review for residential additions as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 15. Section 15. The Variance to the rear yard setback approved in Sections 5, 7, 9 and 11, and the Site Plan Review approval for residential additions granted in Section 14 as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A, are subject to the following conditions: A. The Variances shall expire unless used within one year from the effective date of approval as defined in Section 17.32.110 of the Municipal Code. The Site Plan Review approval shall expire within one year from the effective date of approval as defined in Section 17.34.080.A. B. It is declared and made a condition of the Variances and the Site Plan Review approval, that if any conditions thereof are violated, these approvals shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. C. All requirements of the Building 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 these approvals, 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 except as otherwise provided in these conditions. E. All retaining walls incorporated into the project shall not be greater than 5 feet in height at any one point. F. The height of the new roof ridge line shall be no higher than 134.84 feet which is 34.84 feet above the lowest point on the property (100 feet, which is also known as the assumed benchmark for ground elevation). RESOLUTION NO. 93-18 PAGE 7 G. To minimize the prominence of the building on the pad, the structures, driveway, graded slopes and retaining walls shall be screened and shielded from view with native drought -resistant vegetation that is compatible with the surrounding vegetation of the community. H. The landscape plan shall include the use of native drought -resistant vegetation along Eastfield Drive. I. A landscape plan must be submitted to and approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and building permit. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall'utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. J. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must. conform to the City of Rolling Hills standard of 2 to 1 slope ratio. K. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. L. The residential building pad coverage shall not exceed 40.8% and overall building pad coverage shall not exceed 43%. M. No grading which requires a grading permit shall be allowed for this project. N. Any modifications to the project which would constitute a modification to the development plan as approved by the Planning Commission shall require the filing of an application for modification of the Zoning Case pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. RESOLUTION NO. 93-18 PAGE 8 0. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance, pursuant to Section 17.32.087, or the approval shall not be effective. P. Conditions A, C, D, E, F, G, H, I, J, K, L, M, N, and 0 of this Variance and Site Plan Review approval must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MAY, 1993. EV NKIJJ,.._ACTING CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK The foregoing Resolution No. 93-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A GARAGE ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A BATHROOM ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK FOR A BAY WINDOW ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT RETAINING WALLS, AND GRANTING SITE PLAN REVIEW APPROVAL FOR SUBSTANTIAL ADDITIONS TO AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 491. was approved and adopted at a regular meeting of the Planning Commission on May 18, 1993 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEPUTY CITY CLERK