2015-15RESOLUTION NO. 2015-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH
WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN
EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6
MAVERICK LANE, (LOT 25 -SK), ROLLING HILLS, CA, (THOREN-PEDEN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Ms. Deborah Thoren-Peden
with respect to real property located at 6 Maverick Lane, (Lot 25 -SK), Rolling
Hills, CA requesting Variances to enclose 65 square feet of an existing covered
porch located in the 50 -foot front yard setback, and to maintain a 140 square foot
pond in its as -built condition, located within the 20 -foot easterly side yard
setback.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on June 16, 2015 at a regular Planning
Commission meeting and in the field also on June 16, 2015. The applicant was
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 applicant and her representative were
in attendance at the hearings.
Section 3. The subject property is zoned RAS --I, located at the end of a
cul-de-sac on Maverick Lane and is irregular in shape. The net lot area for
development purposes is 36,970 square feet. The existing home along its entire
width encroaches between approximately 9.5 and 25 feet into the required 50 -
foot front setback. The 65 square feet of new living area would encroach up to
approximately 12 feet into the front setback and would be located to the rear of
an existing laundry room.
Section 4. The Planning Commission finds that the project qualifies as
Class 3 Exemption, pursuant to Section 15303 of the CEQA (California
Environmental Quality Act) Guidelines and is therefore exempt from
environmental review.
Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
Reso.2015-15 1
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.
Sections 17.16.140(B) and 17.16.150, which list permitted projections and
encroachment into setbacks, do not allow a covered porch, and enclosed living
area or a pond in a setback. A Variance to Section 17.16.120 is required because it
states that every lot in the RAS -1 zone shall have a side setback of not less than
20 feet from the side property line and Section 17.16.110 requires that every lot in
the RAS -1 zone shall have a front setback of not less than. 50 feet from the road
easement line. The applicant is requesting a Variance to encroach 8 feet into the
20 -foot southeasterly side yard setback with the pond and with 12 -foot
encroachment for the addition, which area is already enclosed on 3 sides. With
respect to this request for Variance, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions because the
configuration of the existing structure, which encroaches into the front setback,
prevent further expansion, except into the setback. In addition, the proposed
encroachment would follow the limits of the structure in the front of the
property. The Commission further finds that the configuration of the existing
residence and interior layout of the residence creates a hardship to improving the
property. The addition consists of constructing one new wall to enclose an
already existing entryway/porch. The side yard encroachment with a pond is
relatively minimal, the use is passive and because of the configuration of the
existing structures on the lot any structure in that location would require a
variance. 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, including the ability to have an outdoor water feature on the
property and the ability to convert an existing covered enclosed porch into living
space. The encroachment permits the use of the lot to the extent allowed for other
properties with similar lot configurations. The encroachment is very minor and is
not visible from the street or other residence.
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, including the ability to
have an outdoor water feature on the property and the ability to convert an
existing covered enclosed porch into living space. The encroachment permits the
use of the lot to the extent allowed for other properties with similar lot
configurations. The side encroachment is very minor and is not visible from the
street or other residence. The front encroachment already exists and is not going
to appear as being larger than existing.
Reso. 2015-15 2
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
setback is minimal and is behind the existing line of encroachment. The area of
addition would not impair views. The pond does not constitute a major structure
and is minimal in size. 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, under an existing roof and will not affect 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 exists 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 6. Based upon the foregoing findings, the Planning
Commission hereby approves the Variances in Zoning Case No. 883 to enclose 65
square feet of a covered porch in the front setback into a living area and to retain
a pond in the side setback, subject to the following conditions:
A. The Variances approval shall expire within two years from the
effective date of approval if construction pursuant to this approval has not
commenced within that time period, as required by Sections 17.38.070(A) of the
Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of those sections.
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 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 and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must
be complied with unless otherwise set forth in the Permit, or shown otherwise on
an approved plan.
Reso. 2015-15 3
D. The lot shall be developed and maintained in substantial
conformance with the site pian on file dated June 11, 2015, except as otherwise
provided in these conditions.
E. The working drawings submitted to the Department of Building
and Safety for plan check review must conform to the development plan
approved with this application.
F. All utility lines for structures subject to this application shall be
placed underground.
G. There shall be no grading for this project.
H. Structural lot coverage shall not exceed 7,073 square feet or 19.13%;
with allowance the structural coverage shall be 18.8 %.
Total lot coverage of structures and paved areas shall not exceed
12,298 square feet or 32.9% -with allowances, in conformance with lot coverage
limitations.
I. The disturbed area of the lot shall not exceed 24,285 square feet or
68.4.0% of the net lot area, which is legal non -conforming condition and no
additional disturbance shall be allowed with this application.
J. Residential building pad coverage on the 12,733 square foot
residential building pad shall be 49.9%, which includes the pond and addition
under the roof.
K. The existing stable and corral or 1,000 square foot area, feasible for
development of a stable, corral and access thereto, shall be retained on the
property.
L. The applicant shall obtain building permits for the as built pond
pump and the proposed addition.
M. The unpermitted pizza -oven in the side yard shall be demolished.
N. 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, and objectionable odors shall be
required.
Reso.2015-15 4
O. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking shall take place within nearby
unimproved roadway easements, but not to obstruct neighboring driveways.
During construction, to maximum extend feasible, employees of the contractor
shall car-pool into the City.
P. 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.
Q. 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 stormwater drainage facilities..
Further, 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.
R. The property owners shall be required to contorm to the City of
Rolling Hills Outdoor Lighting Standards Ordinance, roofing material ordinance
and all other requirements.
S. Minimum of 50% of the construction material spoils shall be
recycled and diverted. The hauler shall provide the appropriate documentation
to the City.
T. If any landscaping is introduced for this project, the trees or shrubs
shall be of a type that do not grow higher than the ridge line of the residence and
shall be maintained at such height at all times, so as not to impair neighbors'
view. The landscaping, if planted, shall include native drought -resistant
vegetation and be planted in an offset manner so that not to result in a hedge like
screen. If landscaping of 5,000 square foot area or greater is introduced the
landscaping shall be subject to the requirements of the City's Water Efficient
Landscape Ordinance.
U. The licensed professional preparing construction plans for this
project for Building Department review shall execute a Certificate affirming that
the plans conform in all respects to this Resolution approving this project and all
of the conditions set forth therein and the City's Building Code and Zoning
Ordinance.
Reso.2015-15 5
Further, the person obtaining a building permit for this project shall execute a
Certificate of Construction stating that the project will be constructed according
to this Resolution and any plans approved therewith.
V. Perimeter easements and trails, if any, shall remain free and clear of
any improvements including, but not be limited to, fences -including construction
fences, grading, landscaping, irrigation and drainage devices, play equipment,
parked vehicles, driveways, building materials, debris and equipment, unless the
Rolling Hills Community Association approves an encroachment.
W. The contractor shall not use tools that could produce a spark,
including for clearing and grubbing, during red flag warning conditions.
Weather conditions can be found at:
http:itwww.wrh.noaa.gov/loximain.Dho?suite=safety&page=hazard def niti
ons#FIRE. It is the sole responsibility of the property owner and/or his/her
contractor to monitor the red flag warning conditions. Should a red flag warning
be declared and if work is to be conducted on the property, the contractor shall
have readily available fire distinguisher.
X. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
Y. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals shall not be effective.
Z. All conditions of the Variances approval, that apply, shall be
complied with prior to the issuance of building permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOP,?IX TMS 21st DAY OF JULY 2015.
CHAIRM
ATTEST:
1W, I.w
HEIDI LUCE, CITY CLERK
Reso. 2015-15 6
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.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH
WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN
EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6
MAVERICK LANE, (LOT 25 -SK), ROLLING HILLS, CA, (THOREN-PEDEN).
was approved and adopted at a regular meeting of the Planning Commission on
July 21, 2015 by the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick, Smith and
Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
q0ty"
CITY CLERK
Reso.2015-15 7