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2015-21RESOLUTION NO. 2015-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH INTO THE SOUTHERLY SIDEYARD SETBACK WITH 61 SQUARE FEET OF A MOSTLY COMPLETED 300 SQUARE FOOT BUILDING ADDITION, RETAINING WALLS NOT EXCEEDING 3 -FEET IN HEIGHT AND TO PROVIDE LESS THAN THE MINIMUM REQUIRED WALKWAY ALONG THE PERIMETER OF THE ADDITION IN ZONING CASE NO. 880, AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA, (HASSOLDT). 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 Mr. and Mrs. William Hassoldt with respect to real property located at 15 Portuguese Bend Road, Rolling Hills, CA requesting Variances to encroach into the 20 -foot side yard setback with 1) 61 square feet of a mostly completed 340 square foot addition and 2) two maximum 3 -foot tall retaining walls that, in conjunction with the building encroachment, reduce the width of the walk -able passage area around a portion of the residence to 2 -feet, at a property developed with a single family residence and accessory structures. The encroachment, mostly completed, is triangular in shape, contains 61 square feet and projects from 0 - feet to 7.5 feet maximum into the southerly setback. The encroachment area is a portion of a 300 square foot addition to the home (bedroom closet), which is authorized by a building permit. Of the two proposed retaining walls, one is "L" -shaped would adjoin the exterior wall of the addition and project approximately 8.0 feet into the side yard. Its purpose is to provide a physical separation between the exterior building wall and adjoining earthen slope. The second proposed retaining wall, approximately 12 feet in length, would be located adjacent to the edge of the RHCA easement and project approximately 10 -feet into the side yard setback for the purpose of retaining earthen ramps that would provide 2 -foot wide passage around the building addition, which is less than the 4' minimum passage required. Additionally, the applicants constructed a 42 square foot addition in the rear of the home and renovated a sunroom. These improvements were constructed without City approvals or building permits. Section 2. The Planning Commission conducted duly noticed public hearing to consider the application on May 19, 2015 in the field and on July 7, 2015 in City Hall Council Chambers. At the field trip concerns were expressed as to whether construction permits were obtained for observed improvements including a foundation upgrade for an existing 371 square foot sunroom as well as the newly added area for the master Reso.2015-21 1 15 Portuguese Bend Road bedroom. Commissioners also expressed concern regarding inadequate area for passage around the closet addition where it projects into the setback. Members of the Commission requested that the applicant submit at the regular May 19 Planning Commission meeting, an accurate plan showing all the additions that were made to the property and a plan to provide adequate access around the residence. However, prior to the evening Planning Commission meeting, the applicants requested continuance of the case to the June 16, 2015 regular Planning Commission meeting, which was granted. Due to lack of quorum at the June 16, 2015 meeting, however, the public hearing was continued again to July 7, 2015. At the July 7, 2015 Planning Commission meeting by a 2-1 vote, the Planning Commission directed staff to prepare a Resolution for their consideration at the July 21, 2015 meeting to approve the project. Prior to the July 21, 2015 meeting, staff discovered that additional variance must be requested as the project as proposed will deviate from zoning ordinance Section 17.16.190H, which requires that a 4' wide walkway around the perimeter of all structures be provided. Although the issue of access around the property was discussed at the prior hearings and noted in the field, the original Variance application did not include a variance from section 17.16.190H and this deviation was not part of the original notice of public hearing or brought to the Commission's attention as a separate request for a Variance. Therefore, the project had to be amended to include this request, and properly noticed. An amended Notice of Public Hearing incorporating the variance from Section 17.16.190H was published in the local Newspaper and notices mailed to residents within 1,000 -foot radius on September 3, 2015. At the hearings evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff. At the field trip two neighbors testified in opposition to the project and at the July 7 meeting one neighbor and an attorney representing the other neighbor also testified against the project. The Planning Commission reviewed, analyzed and studied the proposal including public testimony. The applicants and/or their representatives were in attendance at all of the hearings. Section 3. The property is zoned RAS -t and consists of 1.06 acres gross. The net lot area for development purposes is 36,484 square feet. Together with the 342 square foot addition and the renovated sunroom the residence is 3,971 square feet with 748 square foot garage. The property is also developed with a 412 square foot stable, 239 square foot gazebo, attached trellis, covered porch and a service yard. Section 4. Pursuant to Section 17.44.020C staff is authorized to administratively approve additions not exceeding 999 square feet in size, providing all development standards of the Zoning Ordinance are met. A 300 square foot addition Reso. 2015-21 2 15 Portuguese Bend Road was administratively approved based on a site plan submitted by the applicants. The applicants informed staff that the plot plan submitted for administrative approval was taken from several old but verified surveys and that the property line in the area of the addition was staked correctly in the field for a different project that they were involved in. Based on said approval, the applicants obtained a building permit for the addition and commenced construction. The addition is almost completed. Due to a resident's query of the location of the property line and the structure in relation thereto, a stop work order was issued and at the request of staff, the applicant commissioned a property line survey, and a certified property line survey was submitted demonstrating that a 61 square foot portion of the addition encroaches into the southerly side setback. Section 5. The Planning Commission finds that the project qualifies as Class 1 Exemption, pursuant to Section 15301 of the CEQA (California Environmental Quality Act) Guidelines and is therefore exempt from environmental review because the project involves an addition to an existing structure that will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code authorize approval of Variances to provide relief from strict compliance with the standards and requirements of the Zoning Ordinance. in the subject application, the applicants request a Variance to exempt them from strict compliance with Section 17.16.120, requiring a side yard setback of 20 -feet in the RAS -1 zone, Section 17.16.150(F) and (G), which list permitted projections and encroachment with walls into setbacks and Section 17.16.190H, which requires a 4 -foot wide access around the perimeter of all structures on a property. With respect to this request for Variances, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone in that the partially completed addition was inadvertently built in the setback in reliance on a prior survey that was found to be inaccurate after construction was nearly complete. The property is the smallest in size and has the narrowest width as compared to other properties in the immediate vicinity, which creates a challenge to develop or improve the property. The front of the residence encroaches into the front setback and the addition, to be used as a closet, is located behind the front setback and not visible from the street. 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, which is to reasonably enlarge and improve their homes. With the constraint of the lot's size and width and the configuration of the existing residence with the bedrooms Reso. 2015-21 3 15 Portuguese Bend Road located on the south side of the house, it is a challenge to provide a larger closet for one of the bedrooms in strict compliance with the Zoning Ordinance. 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. The side yard encroachment and proposed retaining walls are minor in scope with 61 square feet total encroachment addition area and broken into short lengths, for a total of 20 lineal feet of maximum 3 -foot tall retaining walls. The addition and the retaining walls will not be visible from the street (Portuguese Bend Road) or adjoining residences because the subject home's location and elevation is approximately 20 feet lower than the closest neighboring home and there is substantial vegetation surrounding the subject home. The encroaching portion of the addition, being located on the south side of the property, is also not expected to impair views of neighbors to the north. The reduction of the passage area to 2 -feet has been discussed with and approved preliminarily by the County Building and Safety Permit office and the County Fire Department on the basis that safety and the provision of services to the subject property will not be compromised and that access around the residence is satisfactorily met along the remaining perimeter of the home. D. In granting the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive, and will not affect the rural character of the community due to its relatively small scope and size. The proposed addition will not encroach into existing equestrian use on the property, which consists of a 412 square foot stable and adjacent corral. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed addition will 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. The subject property is legal, nonconforming for the amount of disturbed area (50%) and the subject addition, being within an already disturbed area, will not exacerbate this condition. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 880 subject to the following conditions: A. The Variance 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. Reso.2015-21 4 15 Portuguese Bend Road 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. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated July 20, 2015, except as otherwise provided in these conditions. E. Revised working drawings incorporating the sunroom renovation and the 42 square foot addition, not previously permitted, shall be prepared and submitted to the Department of Building and Safety for review and building permits obtained. F. There shall be no additional grading for this project. The exposed portion of the retaining walls shall not exceed 3' in height. Excavation for footings and the wall and backfilling is permitted. G. Structural lot coverage shall not exceed 5,832 square feet or 16% of the net lot area, including the existing stable. With allowable deductions, the structural lot coverage shall be 15.7%. H. Total lot coverage of structures and paved areas shall not exceed 10,255 square feet or 28.1 % with allowances, in conformance with lot coverage limitations. I. The disturbed area of the lot shall not exceed 50%, and the disturbance is legal non conforming. J. Residential building pad coverage on the 15,710 square foot residential building pad shall not exceed 32.2%, with permissible allowances. K. The existing stable or an area of a minimum of 1,000 square feet, feasible for development of a stable, corral and access thereto, shall be retained on the property at all times. L. All utility lines for structures subject to this application shall be placed underground. Reso.2015-21 5 15 Portuguese Bend Road M. 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. 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. O. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within the nearby unimproved roadway easements, but may not obstruct neighboring driveways. 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 conform 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. 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. 2015-21 6 15 Portuguese Bend Road 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. U. Perimeter easements and trails, if any, shall remain free and clear of any improvements including, but not 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. V. 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: httn:ltwww.wrh.noaa.aovlloxlmain.oho?suite=safety&pane=hazarddefinitions#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. W. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of building permit. X. Notwithstanding Sections 17.38.065 of the Rolling Hills Municipal Code, any modifications or further development on the property or this project, which would constitute additional development shall require the filing of a new application for approval by the Planning Commission. Y. Until the applicants execute an Affidavit of Acceptance of all conditions of this approval, the approvals shall not be effective. Z. All applicable conditions of this approval shall be complied with prior to the issuance of building permits from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF SEPTEMBER 2015. MICHAEL G CE- CHAIRMAN ATTEST:- HEIDI LU E, CITY CLERK Reso. 2015-21 7 15 Portuguese Bend Road 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 0£ 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. 2015-21 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH INTO THE SOUTHERLY SIDE YARD SETBACK WITH 61 SQUARE FEET OF A MOSTLY COMPLETED 300 SQUARE FOOT BUILDING ADDITION, RETAINING WALLS NOT EXCEEDING 3 -FEET IN HEIGHT AND TO PROVIDE LESS THAN THE MINIMUM REQUIRED WALKWAY ALONG THE PERIMETER OF THE ADDITION IN ZONING CASE NO. 880, AT 15 PORTUGUESE BEND ROAD, (LOT 78-RH), ROLLING HILLS, CA, (HASSOLDT). was approved and adopted at a regular meeting of the Planning Commission on September 15th, 2015 by the following roll call vote: AYES: Commissioners Kirkpatrick and Smith. NOES: Vice Chairman Gray. ABSENT: Chairman Chelf. ABSTAIN: Commissioner Cardenas (recused.) and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2015-21 15 Portuguese Bend Road *'�&t) CITY CLERK [3