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466, Roadway repair and replacement, Staff Reports{ • • C14 o/ leo etinS JJ.PP, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 AGENDA ITEM MEETING DATE 12/23/91 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER Subject: Resolution No. 91-30: A Resolution of the Planning Commission of the City of Rolling Hills granting a Variance to permit construction of retaining walls that encroach into the front and side yard setbacks at an existing single family residence in Zoning Case No. 466. Dr. Roberto UnguezL 4.8 Saddleback Road (Lot 9-4-RH) 1 The Planning Commission approved the subject document on December 7, 1991. 2 The proposed retaining walls will encroach_ 10 feet into the side yard setback and 5.' feet into the front yard setback. The new retaining wall configuration is proposed to replace an existing wall and repair the roadway. The new design will provide a suitable backup space from the garage. 3. Grading for the project site will not reauire a cradinc permit. The project will require rock al gra/el as filler for the new = et a'n_ng wails. 4. The residence to the north is presently 97 feet from the existing wall and will be 92 feet from the proposed walls in the side yard. RECOMMENDATION Tt ; s r'er.C7M nd.�r? that the C t_V Co::nc: re a arc and fi le Resolution No. 91-30. • '/9 RESOLUTION NO. 91-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A RETAINING WALL, AND GRANTING A VARIANCE TO ENCROACH WITHIN THE SIDE YARD SETBACK TO CONSTRUCT A RETAINING WALL AT AN EXISTING SINGLE FAMILY DWELLING IN ZONING CASE NO. 466. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. Roberto Unguez with respect to real property located at 48 Saddleback Road, Rolling Hills (Lot 9-4-RH) requesting a Variance to encroach into the front yard setback to construct a retaining wall, and a Variance to encroach into the side yard setback to construct two stepped retaining walls. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on October 22, 1991 and November 19, 1991 and at a field trip visit on November 2, 1991. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act. 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 17.16.060 is requested to construct a 58 foot curvilinear retaining wall that will not be more than 5 feet in height that will encroach up to a maximum of 40 feet into the front yard setback. With regard to this request, the Planning Commission makes the following findings: 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 sloping topography of the subject.site and the existing location of the driveway necessitate construction of a retaining wall within the front yard setback in order to support existing hillside cuts and slopes. RESOLUTION NO. 91-30 PAGE B. The Variance is necessary for the preservation any en oyment of a substantia: property right possessed by other property in the same vicinity and zone, but wh:oh is denied the property in question. The Variance is necessary because the existing development pattern onthe lot and the topographv of the site require a re`. air.:_^g wal _ . Construction of such wall in the front yard setback will create a safer accessway and that will also improve the appearance of the existing driveway. C. The granting of the 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. The Variance will help to improve the geologic stability of the slope and will not be visible to surrounding properties due to the distances between the driveway and other adjacent residences. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach up to a max±rnu:r of 40 feet into the front yard setback to construct a retaining wall not to exceed 5 feet in height at any one point along the driveway as indicated on the Development Plan attached hereto as Exhibit A, subject to the conditions specified in Section 8 below. Section 6. The applicant is also requesting a Variance to encroach up to 10 feet into the 20 foot side yard setback to construct two "stepped" 233 foot long retaining walls that will not be more than 5 feet in height in connection with the existing driveway leading to 48 Saddleback Road and the residences beyond. The Planning Commission finds as follows: 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 access to the property at 48 Saddleback Road already exists. The Variance is necessary to support the existing slope, to improve the geologic stability of the site, and to allow the repair of the roadway and provide a suitable backup space for a garage. 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 replacement of the existing retaining wall will provide stability and support for the hillside as well as support for the driveway serving the subject lot at 48 Saddleback and the residences beyond. RESOLUTION NO. 91-30 PAGE 3 C. The granting of the 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. The Variance will help to improve the geologic stability of the slope and will nct be visible `c surrounding properties due tc the distances between the driveway and other adjacent residences. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach up to a maximum of 10 feet into the side yard setback to construct a retaining wall not to exceed 5 feet in height at any one point as indicated on the Development Plan attached hereto as Exhibit A, subject to the conditions specified in Section 8. Section 8. The approvals specified in Sections 5 and 7 shall be subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.32.110 of the Municipal Code. B. It is declared and made a condition of the Variance approvals that if any conditions are violated, the Permit 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 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 retaining wall incorporated into the front and side yard setbacks shall not be greater than five (5) feet in height at any point along the driveway. E. The driveway and retaining walls shall be screened and and shielded from view with native drought -resistant vegetation to minimize the view from the residence at the North property line. F. No scraping of terrain shall be permitted. G. 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. H. 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. RESOLUTION NO. 91-30 PArE 4 I. The working drawings subrr:i ed tc the Cn1.:: y Departmen- of EL'_dinc and Safety for plan :heck review must conform to the Development Plan approved with th:- a_. _:_a__on. All conditions of this Variance approva: except `- Paragraphs (,D , (E), and (F) must be com..:ed with prier to ..e .s_..an_e of a building permit. frorr the Coin_ :OE Angeles. PASSED, APPROVED AND ADOPTED THIS 7TH D=.: CF D=C_EMBER, 199:. ATTEST: Al o�s.v.a ex-- DIANE SYER, DEPUTY"CITY CLERK ALLAN ROBERTS, CHAIRMAN The foregoing Resolution No. 91-30 entitle:: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A PFTA'NING WALL, AND GRANTING A VARIANCE TO ENCROACH WITHIN THE SIDE YARD SETBACK TO CONSTRUCT A RETAINING WALL AT AN EXISTING SINGLE FAMILY DWELLING IN ZONING CASE NO. 466. was approved and adopted at a regular adjourned meeting of the Planning Commission on December 7, 1991 by the following roll call vote: AYES: Commissioners Frost, Hankins, Lay, Raine and Chairman Roberts NOES: None ABSENT:None ABSTAIN: None DEPUTY 1ITY CLERK • HEARING DATE: TO: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST C14 o/ RO/A4 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 NOVEMBER 19, 1991 PLANNING COMMISSION LOLA UNGAR, PRINCIPAL PLANNER ZONING CASE NO. 466 48 Saddleback Road (Lot 9-4-RH) RAS-1, 1.18 Acres Dr. Roberto Unguez Mr. Robert Schulz, Archint Associates October 12, 1991 A request for a Variance to permit the construction of retaining walls in the front and side yard setbacks at an existing single family residence. BACKGROUND 1. The Planning Commission conducted a field trip to the subject site to observe the staking of the proposed retaining walls. 2. Concerns were expressed about current construction at the site. During the last 36 months, records show that three building permits were issued for the subject property. They are: DATE PERMIT 11/21/89 704 sq.ft. New 2 car garage & stable 11/21/89 723 sq.ft. additions Enlarge kitchen & nook, and baths 1/10/91 459 sq.ft. pool/spa Permit issued previous to new mixed use ordinance (1990). Less than 25% of existing 4,000 sq.ft. (11/13/72) residence. Replaces 650 sq.ft. (8/20/74) swimming pool. 3. The proposed retaining walls will encroach 10 feet into the side yard setback and 50 feet into the front yard setback. The new retaining wall configuration is proposed to replace an existing wall and repair the roadway. The new design will provide a suitable backup space from the garage. 5':, ZONING CASE NO. 466 PAGE 2. 4. The new retaining walls in the side yard setback will replace the existing 180 foot long retaining wall and the new retaining wall in the front yard will be 24 feet long. These walls will not be higher than 5 feet. 5. Grading for the project site will not require a grading permit. The project will require rock and gravel as filler for the new retaining walls. 6. The residence to the north is presently 97 feet from the existing wall and will be 92 feet from the proposed new wall. 7. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission review the proposed plans and take public testimony. City 0/ Rotting INCORPORATED JANUARY 24, 1957 HEARING DATE: OCTOBER 22, 1991 TO: PLANNING COMMISSION FROM: LOLA UNGAR. PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 ZONING CASE NO. 466 48 Saddleback Road (Lot 9-4-RH) RAS-1, 1.18 Acres Dr. Roberto Unguez Mr. Robert Schulz, Archint Associates October 12, 1991 A request for a Variance to permit the construction of retaining walls in the front and side yard setbacks at an existing single family residence. BACKGROUND In reviewing the applicant's request under Title 17 (Zoning), staff would identify the following issues for evaluation: 1. The proposed retaining walls will encroach 10 feet into the side yard setback and 50 feet into the front yard setback. The new retaining wall configuration is proposed to replace an existing wall and repair the roadway. The new design will provide a suitable backup space from the garage. 2. The existing house was built in 1972. In November, 1989 permits were issued for a 794 square foot garage and stable, and 723 square feet of additions to the house. In January, 1991 a permit was issued for a 459 square foot pool/spa. None of these projects have received final building inspection at the present time and are still under construction. 3. The new retaining walls in the side yard setback will replace the existing 180 foot long retaining wall and the new retaining wall in the front yard will be 24 feet long. These walls will not be higher than 5 feet. 4. Grading for the project site will not require a grading permit. The project will require rock and gravel as filler for the new retaining walls. 5. The residence to the north is presently 97 feet from the existing wall and will be 92 feet from the proposed new wall. 4A • • ZONING CASE NO. 466 PAGE 2 6. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission review the proposed plans and take public testimony.