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
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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
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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
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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.
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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.
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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.
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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
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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
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