666, Previously constructed Reflect, Resolutions & Approval ConditionsRESOLUTION NO. 2003-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY
CONSTRUCTED REFLECTION POND AND TO ENCROACH INTO.
THE FRONT YARD SETBACK WITH PREVIOUSLY CONSTRUCTED
TRELLIS AND BLOCK WALLS AT AN EXISTING SINGLE FAMILY
RESIDENCE LOCATED AT 6 PACKSADDLE ROAD EAST IN
ZONING CASE NO. 666. (MURRELL).
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. and Mrs. George
Murrell with respect to real property located at 6 Packsaddle Road East (Lot 31-
SF), Rolling Hills, requesting a Variance to encroach into the north side yard
setback to permit the retention of a reflection pond and to encroach into the front
yard setback to permit the retention of a trellis and block walls located along the
stairs into the property. In addition the applicants requested a Variance to
encroach into the north side yard setback with a spa and partially constructed
block wall at an existing residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on June 17, 2003 and July 15, 2003, and at a
field trip visit on July 1, 2003. The applicants were notified of the public hearing
in writing. 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
applicants' representative was in attendance at the hearing.
Section 3. In 1996, concurrently with City's administrative approval for
1,005 square foot addition, the Rolling Hills Community Association approved
the proposed addition. A few months later the RHCA approved a detached 140
square foot trellis, 80 square foot reflection pond, stairs, planters and other
features as part of a landscaping plan. The trellis, the reflection pond and the
wall along the stairs do not require building permits. In addition, the mostly
completed 5 foot high wall, located in the north side yard setback, also does not
require a building permit. The applicants interpreted the RHCA approval as
permission to proceed with the construction.
Section 4. During the proceedings, the applicants withdrew the request
for a Variance to encroach with the block wall and the spa into the side yard
setback, and submitted a new request for a Variance for the block wall only, with
new evidence.
Section 5. The Planning Commission finds that the project qualifies as
a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
Reso. 2003-15
ZC 666 V R
1
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 6. 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
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.
Section 17.16.120 requires a side yard of twenty feet (20') from the side property
line in the RAS-1 zone and front yard of fifty feet (50') from the roadway
easement. The applicants request a Variance to encroach into the north side yard
setback to permit the retention of an 80 square foot reflection pond and to
encroach into the front yard setback with a140 square foot trellis and 25 feet of
garden walls on each side of the stairs, for a total of 50 feet, that will be up to 3.5
feet in height. With respect to this request for a Variance, the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply
generally to the other property or class of use in the same zone because the
structures were approved by one governmental agency, (RHCA), and the
applicants interpreted said approval as permission to proceed with the
construction. No building permits are required for this constrction, and
therefore, the applicants did not violate provisions of the Building Code.
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 to the property in question. The Variance is necessary
to allow the property owner to carry the theme of trellises and ponds along the
side yard.
C. The granting of the Variance would not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located. The trellis and the walls,
which are located along the stairs will beautify the front of the property and the
pond will give the proeprty a uniquly refreshing feel. A substantial portion of the
lot will remain undeveloped. In addition, the proposed structures, as
conditioned, will be screened with vegetation so as not to be visible from
surrounding properties.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 666 to permit
the proposed project to encroach into the twenty -foot (20') north side yard
setback and into the fifty -foot (50') foot front yard setback, subject to the
following conditions:
Reso. 2003-15
ZC 666 VR
2
A. The Variance approval shall expire within one year from the
effective date of approval as defined in Sections 17.38.070(A) unless otherwise
extended pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance approval, that if
any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder shall lapse; provided that the applicants have been
given 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 Buildings 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 marked Exhibit A and dated June 2, 2003,
except as otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and
corral with vehicular access thereto in conformance with site plan review
limitations.
F. There shall be no grading for the project.
G. The structural lot coverage, including the future spa and stable
shall not exceed 7,831 square feet and 9.4% of the net lot area. The total lot
coverage shall not exceed 13,946 square feet and 16.7% of the total lot area. The
coverage on the residential building pad shall not exceed 51.5%. The disturbed
area shall not exceed 31.6% of the total net lot area.
H. A landscaping plan for the areas surrounding the reflection pond
and trellis shall be submitted to the Planning Department for review, and shall
be designed using native plants or other drought -tolerant trees and shrubs so as
not to exceed at maturity the ridge height of the residence nor obstruct views
from neighboring properties. In addition, an irrigation plan for said areas shall
be submitted to the Planning Department.
I. Landscaping shall include water efficient irrigation, to the
maximum extent feasible, that incorporates a low gallonage irrigation system,
utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and
utilizes means to reduce water waste resulting from runoff and overspray.
J. During construction, dust control measures shall be used to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
Reso. 2003-15
ZC 666 VR
3
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
K. During construction, conformance with local ordinances and
engineering practices so that people or property are not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
L. During construction, conformance with the air quality management
district requirements, storm water pollution prevention practices, county and
local ordinances and engineering practices so that people or property are not
exposed to undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
M. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct
surface water to the rear of the lot at the northeast.
N. The construction shall minimize erosion and protect slopes and
channels to control storm water pollution.
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
roadway easements.
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 with the
Regional Water Quality Control Board and County Public Works Department
Best Management Practices (BMP's) related to solid waste.
R. The applicants shall execute an Affidavit of Acceptance Form of all
conditions of this Variance approval, pursuant to Section 17.38.060, or the
approval shall not be effective.
S. All conditions of this Variance approval must be complied with
prior to the issuance of a final inspection by City staff and Building Department.
PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF AUGUST 2003.
/;
r �� I
V• 1
EVIE HANKCINS, CHAIRWOMAN
ATTEST:
MARILYN K$RN, DEPUTY CITY CLERK
Reso. 2003-15
ZC 666 VR
4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE NORTH SIDE YARD SETBACK WITH A PREVIOUSLY
CONSTRUCTED REFLECTION POND AND TO ENCROACH INTO
THE FRONT YARD SETBACK WITH PREVIOUSLY CONSTRUCTED
TRELLIS AND BLOCK WALLS ALONG THE STAIRS AT AN
EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 6
PACKSADDLE ROAD EAST IN ZONING CASE NO. 666.
(MURRELL).
was approved and adopted at a regular meeting of the Planning Commission on
August 19, 2003 by the following roll call vote:
AYES: Commissioners Hankins, Sommer and Chairman Witte.
NOES: None.
ABSENT: Commissioner DeRoy.
ABSTAIN: Commissioner Margeta.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2003-15
ZC 666 V R
CITY CLERK
5