755, Construct a deck in the back y, Staff ReportsDATE:
TO:
FROM:
•
Cit opeo eett9 J/di
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
JUNE 17, 2008
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
REQUEST
ZONING CASE NO. 755
25 CABALLEROS (LOT 16-SK)
RA-S-1, 1.076 ACRES (GROSS, EXCLUDING ROADWAY
EASEMENT)
MR. AND MRS. JOSEPH BERENATO
DOUGLAS MCHATTIE, BOLTON ENGINEERING
APRIL 5, 2008
Mr. and Mrs. Berenato, the applicants, are requesting to withdraw the application for a
deck, a portion of which would extend above ground and a Variance to exceed the
currently greater than 35% total lot coverage.
RECOMMENDATION
Pursuant to the enclosed letter from Mr. Berenato it is recommended that this case be
withdrawn.
BACKGROUND
At the May 15 meeting, the Planning Commission directed staff to prepare a
resolution of approval for a 609 square foot deck, a portion of which (64 sq.ft.)
would be raised above ground, and denying the request for a Variance to exceed
the currently greater than 35 % total lot coverage.
The applicants stated that they will not construct the deck, and will submit plans
to show that the exiting 41.9% total lot coverage will remain or be reduced, by
utilizing grass crete or other pervious material.
Printed on Recycled Paper
Wed, Jun 11, 2008 10:04 AM
Subject: Re: 25 Caballeros case
Date: Wednesday, June 11, 2008 10:01 AM
From: Berenato, Joe <jberenato@ducommun.com>
To: <ys@cityofrh.net>
Conversation: 25 Caballeros case
Dear Yolanta, Molly and I have decided not to build the deck. We are investigating using the Grass
Crete for our driveway, anyway. Thanks for your help during this process. Sincerely, Joe Berenato.
Sent from my BlackBerry Wireless Handheld
50TH ANNIVERSARY
1957 - 2007
DATE:
TO:
•
Ctty
•
op2 / fi/&
IfJC.Of< GRATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310)377-1521
FAX: (310) 377-7288
MAY 15, 2008 (T M.' 5A)
HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 755
25 CABALLEROS (LOT 16-SK)
RA-S-1, 1.076 ACRES (GROSS, EXCLUDING ROADWAY
EASEMENT)
MR. AND MRS. JOSEPH BERENATO
DOUGLAS MCHATTIE, BOLTON ENGINEERING
APRIL 5, 2008
REOUEST AND RECOMMENDATION
Request for a Site Plan Review to construct a 609 square foot deck, a portion of which
would be raised above ground and a Variance to exceed total net lot coverage.
It is recommended that the Planning Commission, after viewing the project in the field
earlier today, review the staff report, open the public hearing, take public testimony,
consider the criteria for granting of a Site Plan Review and a Variance and provide
direction to staff.
BACKGROUND AND MUNICIPAL CODE COMPLIANCE
1. The applicant requests a Site Plan Review to construct a 609 square foot deck, a
portion of which would be 3 feet above ground as measured from top of the deck to the
ground.
2. At the April meeting the Commission received a letter from the property owner
at 27 Caballeros objecting to this project. In addition, at the meeting a neighbor from 12
Bowie Road addressed the Planning Commission objecting to the project. However,
since the meeting Mr. Bishop rescinded his objections and invitation to view the project
from his property. Previously staff received a verbal inquiry from a property owner on
Caballeros, requesting that the deck be moved to the north.
3. The applicants are currently remodeling the existing residence and propose to
remodel the outside of the property as well, including replacing the existing pool deck
and to construct additional deck, a portion of which would be raised. Pursuant to
ZC NO. 755
25 Caballeros
Piinted on Recycled Paper
Section 17.12.190 of the Zoning Code, a raised deck is considered a structure that
requires Site Plan Review.
4. The property is zoned RAS-1 and the gross lot area is 1.076 acres. The net lot area
for construction purposes is 36,608 square feet. The lot has a very narrow frontage along
Caballeros (15 feet) and a long driveway leading into the main portion of the lot.
5. The property is developed with a 3,885 square foot residence, 600 square foot
garage, 666 square foot swimming pool / spa, 42 square foot pool equipment area,
service yard and 759 square foot stable.
6. The existing residential building pad (outside the setbacks) is 17,434 square feet
and has coverage of 30.3%. The pad will not be enlarged. The proposed building pad
coverage will be 33.8%. The stable is located on a level area in the rear setback, which is
not considered a building pad due to the location.
7. The structural net lot coverage is proposed at 6,715 square feet or 18.3%, which
includes all the structures and the proposed deck (20% permitted).
8. The total net lot coverage (structures and paved areas) currently exceeds the
maximum permitted of 35%, and is at 41.9%. The proposed total lot coverage, including
the deck and new hardscape will be 48.3%, which requires a Variance. The driveway
alone is 6,289 square feet.
9. Currently 25,108 square feet of the lot or 68.6% is disturbed, and will not change.
CONCLUSION
10. When reviewing a site plan review application the Planning Commission should
consider whether the proposed project is consistent with the City's General Plan;
incorporates environmentally and aesthetically sensitive grading practices; preserves
existing mature vegetation;; is compatible and consistent with the scale, massing and
development pattern in the immediate project vicinity; and otherwise preserves and
protects the health, safety and welfare of the citizens of Rolling Hills.
11. Pursuant to the Zoning Ordinance, raised decks (raised 12 inches or more above
natural grade) are considered structures and also require Planning Commission review.
12. The lot is irregular in shape with a narrow frontage and long driveway. The
paved driveway contributes to the high hardscape (total net lot coverage) calculations.
13. The existing conditions on the lot are such that they do not exceed the required
development standards, except for total lot coverage. However, this condition is pre-
existing and will not be greatly exacerbated by the construction of 609 square foot
raised deck and additional pool decking.
14. The property meets the requirement for stable and corral, as there is a stable 1 on
the property.
ZC NO. 755
25 Caballeros
2
• •
15. In response to justification for the request for a Variance, the applicant's
representative states that the size, shape and development pattern on the lot dictates
that any improvements would add to an already nonconforming coverage. Further, the
proposed hardscape and deck will have no effect on the other properties or be
intrusive to neighbors.
OTHER AGENCIES REVIEW
16. The Rolling Hills Community Association Architectural Committee will review
the project for architectural elements and design.
17. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA.
ZC NO. 755
25 Caballeros
ZONING CASE NO. 755
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 ft. from property line
Rear: 50 ft. from property line
Structures
(Site Plan Review required if size
of structure increases by at least
1,000 sq.ft. and has the effect of
increasing the size of the
structure by more than 25% in a
36-month period).
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
(30% maximum -guideline)
Stable
Grading
Disturbed Area
(40% maximum; any graded
building pad area, any remedial
grading (temporary disturbance),
any graded slopes and building
pad areas, and any nongraded
area where impervious surfaces
exist.
Roadway Access
Access to Stable
Preserve Views
Preserve Plants and Animals
ZC NO. 755
25 Caballeros
EXISTING
Residence with accessory
structures
Residence 3885 sq.ft.
Garage 600 sq.ft.
Swim Pool /spa 666 sq.ft.
Stable 759 sq.ft.
Service Yard 96 sq.ft.
Pool eqp. 42 sq.ft.
TOTAL 6199 sq.ft.
PROPOSED
New deck. Variance for total lot
coverage
Residence
Garage
Swim Pool /spa
Stable
Service Yard
Pool eqp.
Barbecue
TOTAL
3885 sq.ft.
600 sq.ft.
666 sq.ft.
759 sq.ft.
96 sq.ft.
42 sq.ft.
154 sq.ft.
6715 sq.ft.
16.9% 18.3% of 36,608 s.f. net lot area.
41.9% 48.3% of 36,608 s.f. net lot area
30.3% of 17434 s.f. pad
N/A
68.6%
Existing from Caballeros
From Caballeros and trails from
the rear of property
N/A
N/A
4
33.8% of 17434 s.f. pad
none
68.6% (pre-existing).
Existing from Caballeros
From Caballeros and trails from
the rear of property
Planning Commission review
Planning Commission review
w
• •
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage permitted
depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of the
site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought -tolerant landscaping which is
compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
SOURCE: City of Rolling Hills Zoning Ordinance
ZC NO. 755
25 Caballeros
5
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone but
which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
ZC NO. 755
25 Caballeros
6
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310.73344
April 15,2008
Planning Commission
Attention: Yolanta Swartz
2 Portuguese Bend Road
Rolling Hills, CA 90274
RE: ZONING CASE NO. 755
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It is the distances of the perimeter between neighbors that results in the privacy, peace
and quiet that is the hallmark of our city.
We are kindly asking the planning commission not to allow the variance for construction
of a deck (600 square feet) on a slope and exceeding the maximum permitted total nct
lot coverage at an existing single family residence.
Thank you for your consideration and we trust your judgment to assure the
privacy and rural character of the community.
Sincerely.
c7)(7xLi
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2/17/2007
From: Jeanne Bishop
To: CitvhlanagereCitvofrh.net
Cc: moIlvberenato@ 'ahoo.com ; iberenatoCq ducommun.com ; Ron E Bishop
Sent: Friday, April 18, 2008 12:13 PM
Subject: Planning commission Zoning case No. 755
To Yolanta Schwartz, Planning Director
Re: Planning Commission case No. 755
Dear Ms. Schwartz,
This letter is to communicate the WITHDRAWAL OF MY OBJECTIONS to the
construction of a deck in regards to loss of privacy issues at my property.
I spoke in strong opposition to the proposed variance at the April 15 meeting of
the planning commission. This opposition vas based on past issues on the back
property line and the impact of the two story barn placed by the immediate
previous property owners inside the property rear set back - apparently
without a variance for same.
It is my view that set backs are primarily for the purpose of separating adjacent
properties buildings so that their use does not significantly impact neighbors
regarding noise views and privacy. I am very pleased that the current property
owners are acting responsively and going thru the proper processes to improve
their property.
I spoke with Mr. and Mrs. Berenato following the meeting and they described
their project in more detail and answered numerous questions that I had and
even invited me on to their property. They are the kind of neighbors that anyone
would avant to have and we wish them to be able to properly develop and fully
enjoy their property.
Finally I wish to thank the planning commission for its oversight of development
in the city.
The previous invitation that I extended to the Commission to view the proposed
project from my property is also WITHDRAWN.
Sincerely, Ron Bishop
• •
MEMORANDUM:
APRIL 15, 2008 PLANNING COMMISSION MEETING
ZONING CASE NO. 751, 24 CINCHRING ROAD, NAKAMURA
DUE TO PROXIMITY OF COMMISSIONER'S WITTE PROPERTY TO SUBJECT
SITE (WITHIN 500-FEET), COMMISSIONER WITTE MUST ABSTAIN FROM
DELIBERATING AND VOTING IN ZONING CASE NO. 751.
ZONING CASE NO. 755, 25 CABALLEROS ROAD, BERENATO
IT IS RECOMMENDED THAT COMMISSIONER DEROY ABSTAIN FROM
DELIBERATING AND VOTING IN ZONING CASE NO. 755, 25 CABALLEROS.
COMMISSIONER DEROY WAS THE PREVIOUS OWNER OF THE SUBJECT
PROPERTY.
50TH ANNIVERSARY
1957 - 2007
DATE:
TO:
FROM:
•
Cry o/l2lP„g.Jd I!
INCORPORATED JANUARY 24,
1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310)377-1521
FAX: (310) 377-7288
APRIL 15, 2008
HONORABLE MEMBERS OF THE PLANNING COMMISSION
YOLANTA SCHWARTZ, PLANNING DIRECTOR
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 755
25 CABALLEROS (LOT 16-SK)
RA-S-1, 1.076 ACRES (GROSS, EXCLUDING ROADWAY
EASEMENT)
MR. AND MRS. JOSEPH BERENATO
DOUGLAS MCHATTIE, BOLTON ENGINEERING
APRIL 5, 2008
REOUEST AND RECOMMENDATION
Request for a Site Plan Review to construct a 609 square foot deck, a portion of which
would be above ground and a Variance to exceed total net lot coverage.
It is recommended that the Planning Commission review the staff report, open the
public hearing, take public testimony, consider the criteria for granting of a Site Plan Review
and a Variance and schedule a field trip.
BACKGROUND AND MUNICIPAL CODE COMPLIANCE
1. The applicant requests a Site Plan Review to construct a 609 square foot deck, a
portion of which would be 3 feet above ground as measured from top of the deck to the
ground.
2. The applicants are currently remodeling the existing residence and propose to
remodel the outside of the property as well, including replacing the existing pool deck
and construction of a 154 square foot barbecue area and to construct additional deck, a
portion of which would be raised. Pursuant to Section 17.12.190 of the Zoning Code, a
raised deck is considered a structure that requires Site Plan Review.
3. The property is zoned RAS-1 and the gross lot area is 1.076 acres. The net lot area
for construction purposes is 36,608 square feet. The lot has a very narrow frontage along
Caballeros (15 feet) and a long driveway leading into the main portion of the lot.
ZC NO. 755
25 Caballeros
1
® Printed on Recycled Paper
4 The property is developed with a 3,885 square foot residence, 600 square foot
garage, 666 square foot swimming pool/spa, 42 square foot pool equipment area,
service yard and 759 square foot stable.
5. The existing residential building pad (outside the setbacks) is 17,434 square feet
and has coverage of 30.3%. The pad will not be enlarged. The proposed building pad
coverage will be 33.8% (not including the proposed barbecue, but including the deck).
The stable is located on a level area in the rear setback, which is not considered a
building pad due to the location.
6. The structural net lot coverage is proposed at 6,715 square feet or 18.3%, which
includes all the structures and the proposed deck (20% permitted).
7. The total net lot coverage (structures and paved areas) currently exceeds the
maximum permitted of 35%, and is at 41.9%. The proposed total lot coverage, including
the deck and new hardscape will be 48.3%, which requires a Variance. The driveway
alone is 6,289 square feet.
8. Currently 25,108 square feet of the lot or 68.6% is disturbed, and will not change.
CONCLUSION
9. When reviewing a site plan review application the Planning Commission should
consider whether the proposed project is consistent with the City's General Plan;
incorporates environmentally and aesthetically sensitive grading practices; preserves
existing mature vegetation; is compatible and consistent with the scale, massing and
development pattern in the immediate project vicinity; and otherwise preserves and
protects the health, safety and welfare of the citizens of Rolling Hills.
10. Pursuant to the Zoning Ordinance, raised decks (raised 12 inches or more above
natural grade) are considered structures and require Planning Commission review.
11. The lot is irregular in shape with a narrow frontage and long driveway. The
paved driveway contributes to the high hardscape (total net lot coverage) calculations.
12. The existing conditions on the lot are such that they exceed the required
development standards, except for structural coverage. However, these conditions are
pre-existing and will not be greatly exacerbated by the construction of 609 square foot
raised deck and additional pool decking.
13. The lot contains a stable and corral.
14. In response to justification for the request for a Variance, the applicant's
representative states that the size, shape and development pattern on the lot dictates
that any improvements would add to an already nonconforming coverage. Further, the
proposed hardscape and deck will have no effect on the other properties or be
intrusive to neighbors.
ZC NO. 755
25 Caballeros
2
OTHER AGENCIES REVIEW
14. The Rolling Hills Community Association Architectural Committee will review
the project for architectural elements and design.
15. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA.
ZONING CASE NO. 755
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 ft. from property line
Rear: 50 ft. from property line
Structures
(Site Plan Review required if size
of structure increases by at least
1,000 sq.ft. and has the effect of
increasing the size of the
structure by more than 25% in a
36-month period).
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Building Pad Coverage
(30% maximum -guideline)
Stable
Grading
Disturbed Area
(40% maximum; any graded
building pad area, any remedial
grading (temporary disturbance),
any graded slopes and building
pad areas, and any nongraded
area where impervious surfaces
exist.
Roadway Access
Access to Stable
Preserve Views
Preserve Plants and Animals
EXISTING
Residence with accessory
structures
Residence 3885 sq.ft.
Garage 600 sq.ft.
Swim Pool /spa 666 sq.ft.
Stable 759 sq.ft.
Service Yard 96 sq.ft.
Pool eqp. 42 sq.ft.
TOTAL 6199 sq.ft.
16.9%
41.9%
30.3% of 17434 s.f. pad
N/A
68.6%
Existing from Caballeros
From Caballeros and trails from
the rear of property
N/A
N/A
PROPOSED
New deck. Variance for total lot
coverage
Residence
Garage
Swim Pool /spa
Stable
Service Yard
Pool eqp.
Barbecue
TOTAL
3885 sq.ft.
600 sq.ft.
666 sq.ft.
759 sq.ft.
96 sq.ft.
42 sq.ft.
154 sq.ft.
6715 sq.ft.
18.3% of 36608 s.f. net lot area.
48.3% of 36608 s.f. net lot area
33.8% of 17434 s.f. pad
none
68.6% (pre-existing).
Existing from Caballeros
From Caballeros and trails from
the rear of property
Planning Commission review
Planning Commission review
ZC NO. 755
25 Caballeros
3
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage permitted
depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of the
site and to minimize the amount of grading required to create the building area;
6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought -tolerant landscaping which is
compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the convenient and safe
movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California Environmental
Quality Act.
ZC NO. 755
25 Caballeros
4
SOURCE: City of Rolling Hills Zoning Ordinance
CRITERIA FOR VARIANCES
17.38.050 Reauired findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the same
vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity and zone but
which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
ZC NO. 755
25 Caballeros
5