442, Construct new SFR, grading req, Resolutions & Approval ConditionsRESOLUTION NO. 91-1
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
SIDE YARD SETBACK AND GRANTING SITE PLAN REVIEW APPROVAL IN
ZONING CASE NO. 442
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. Gerald
Turpanjian with respect to real property located at Portuguese Bend
Road, Rolling Hills (Lot 88-2-RH) requesting a Variance to encroach
into the side yard setback to construct a retaining wall and Site
Plan Review approval to construct a proposed new residence.
Section 2. The Planning Commission conducted a duly noticed Public
Hearing to consider the application on October 16, November 20,
December 18, 1990, and January 15, 1991 and conducted a field site
visit for Site Plan Review on January 12, 1991.
Section 3. 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. Section 17.16.070.A requires a side yard setback in
the RA-S-A zone to be no less than thirty-five (35) feet. The
applicant is requesting to construct a retaining wall with a
maximum height of four (4) feet, which will encroach into the side
yard setback.
Pursuant to this Section, the Planning Commission finds that:
A. There are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended
uses that do not apply generally to the other property or
class of use in the same vicinity and zone because there
exists topographical constraints that justify the encroach-
ment, in that grading will be minimized if the structure is
oriented closer to the side of the lot; the encroachment is
for the construction of the retaining wall only for a
proposed new driveway.
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
subject property because other residences do not have the
same topographical constraints.
C. The granting of the variance would not be materially
detrimental to the public welfare or injurious to the
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Resolution No. 91-1
Page 2
property or improvements in the vicinity and zone in which
the property is located because view impacts of the retaining
wall will be minimal because of its four (4) foot height
which will not be visible from properties in the immediate
vicinity and the new accessway from Talley Hand Road will be
graded in such a way so as to minimize grading.
Section 4. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 442 to
permit encroachment of the retaining wall into the side yard
setback, as indicated on the development plan submitted with this
application and incorporated herein by reference as Exhibit A,
subject to the conditions specified in Section 9.
Section 5. Section 17.34.010 requires a development plan to be
submitted for site plan review and approval before any building or
structure may be constructed or any expansion, addition, alteration
or repair to existing buildings may be made which involve changes
to grading or an increase to the size of the building or structure
by more than twenty-five percent (25%) in any thirty-six (36) month
period.
Section 6. The applicant has submitted plans to construct a new
residential project, consisting of a residence, detached garage and
a stable as shown in Exhibit A.
Section 7. The Planning Commission makes the following findings of
fact:
A. The proposed development is compatible with the General Plan,
the Zoning Ordinance and surrounding uses 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
project conforms to Zoning Code and lot coverage
requirements. The lot has a net square foot area of 87,947
square feet. The proposed residence, detached garage and
stable will have 8,967 square feet which constitutes 10.1%
of the lot which is within the maximum 20% maximum lot
coverage. The total lot coverage including paved areas and
driveway will be 22.47% of the lot, which is within the 35%
maximum overall lot coverage requirement. The proposed
project is on a relatively large lot with most of the
proposed structure located above the road so as to reduce the
visual impact of the development and is similar and
compatible with several neighboring developments.
B. The proposed development preserves and integrates into the
site design, to the maximum extent feasible, existing natural
topographic features of the lot including surrounding native
Resolution No. 91-1
Page 3
vegetation, mature trees, drainage courses, and land forms
(such as hillsides and knolls) because grading will be
minimized and most of the mature trees will not be removed,
thereby retaining the current drainage pattern and landscape
screening for the site.
C. The development plan follows the natural contours of the site
to minimize grading and the existing drainage courses will
continue to the canyons.
D. The development plan incorporates existing large trees and
surrounding native vegetation to the maximum extent feasible
and supplements it with landscaping that is compatible with
and enhances the rural character of the community.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage
because the new structures will not cause the structural and
total lot coverage to be exceeded. Further, the proposed
project will have a buildable pad coverage of 35% which is
within the City's policy of 35% maximum pad coverage.
Significant portions of the lot will be left undeveloped so
as to maintain trail access across the property.
F. The proposed development is harmonious in scale and mass with
the site, the natural terrain and surrounding residences
because as indicated in Paragraph E, lot coverage maximum
will not be exceeded and the proposed project is of
consistent scale with the neighborhood, thereby grading will
be minimized.
G. The proposed development is sensitive and not detrimental to
the convenience and safety of circulation for pedestrians and
vehicles because the proposed driveway to the property will
intersect Talley Hand Road rather than the heavily
travelled Portuguese Bend Road.
H. The project conforms to the requirements of the California
Environmental Quality Act and is categorically exempt from
environmental review.
Section 8. Based upon the foregoing findings, the Planning
Commission hereby approves the Site Plan Review application for
Zoning Case No. 442 for a proposed residential development as
indicated on the development plan incorporated herein as Exhibit
A and subject to the conditions contained in Section 9.
Section 9. • The side yard setback variance approved in Section 4
and the Site Plan Review for residential development approved in
Section 8 are subject to the following conditions:
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Resolution No. 91-1
Page 4
A. The Variance shall expire unless used within one year from the
effective date of approval as defined in Section 17.32.10 of
the Municipal Code. The Site Plan Review approval shall expire
within one year from the effective date of approval as defined
in Section 17.34.080.A of the Municipal Code.
B. It is declared and made a condition of the Variance and the
Site Plan Review approval, that if any conditions thereof 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 lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A except
as otherwise provided in these conditions.
E. The retaining wall incorporated into the side yard setback
shall not be greater than four (4) feet in height at any point.
F. Prior to the issuance of any grading and building permit a
landscaping plan must be submitted to and approved by the
City of Rolling Hills Planning Department staff and the
Landscape Committee of the Rolling Hills Community Association.
The landscaping plan submitted must comply with the purpose and
intent of the Site Plan Review Ordinance, shall incorporate
existing mature trees and native vegetation, and shall utilize
to the maximum extent feasible, plants that are native to the
area and consistent with the rural character of the community.
Prior to issuance of a grading and building permit a bond in
the amount of the cost estimate of the implementation of the
landscaping plan plus 15% shall be required to be posted and
shall be retained with the City for not less than two years
after landscape installation. The retained bond will be
released by the City Manager after the City Manager (or the
Landscape Committee of the Rolling Hills Community Association,
if appointed to act for this purpose in the place of the City
Manager) determines that the landscaping was installed pursuant
to the landscaping plan as approved, and that such landscaping
is properly established and in good condition.
G. Landscaping shall include plant materials to the north of the
development so as to shield the residence from the bridle
trails.
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Resolution No. 91-1
Page 5
H. Prior to the submittal of an applicable final grading plan to
the County of Los Angeles for plan check, a detailed grading
and drainage plan with related geology, soils and hydrology
reports that conform to the Development Plan as approved by the
Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review. Cut and fill
slopes must conform to the City of Rolling Hills standard of
2 to 1 slope ratio. Graded slopes shallbe rounded and
contoured so as to blend with existing terrain.
I. Prior to the issuance of any building or grading permit the
project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee.
J. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the
Development Plan approved with this application.
K. Any modifications to the Development Plan as approved by the
Planning Commission, shall require the filing of an application
for modification of the Development Plan pursuant to Section
17.34.070 of the Rolling Hills Municipal Code.
L. The maximum structural coverage of the building pad shall not
exceed 35%.
M. The Applicant shall execute an Affidavit of Acceptance of all
conditions pursuant to Section 17.32.087 of this Variance and
Site Plan Review, or the approval shall not be effective.
N. All conditions of this Variance and Site Plan Review approval
must be complied with prior to issuance of a building permit
from the County of Los Angeles.
0. The Variance to the side yard setback as indicated on the
development plan shall not be effective if the proposed
residential structure is not constructed.
PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF FEBR RY, 1991.
7
1'
ALLAN ROBERTS, CHAIRMAN
ATTEST:
DIANE $S YER, DEPtlY CITY CLERK
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Resolution No. 91-1
Page 6
The foregoing Resolution No. 91-1 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
SIDE YARD SETBACK AND GRANTING SITE PLAN REVIEW APPROVAL IN
ZONING CASE NO. 442
was approved and adopted at a regular adjourned meeting of the
Planning Commission on February 16, 1991 by the following roll call
vote:
AYES: COMMISSIONERS FROST, HANKINS, LAY, RAINE AND CHAIRMAN
ROBERTS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DEPUTY'CITY CLERK