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425, Variance for front and side ya, Resolutions & Approval Conditions-. , . t.^, • RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO THE FRONT YARD AND SIDE YARD SETBACKS IN ZONING CASE NO. 425. 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 Dr. Gary Chang with respect to real property located at 17 Buggy Whip Drive, Rolling Hills (LOT 6-BW) requesting a variance to the front yard and side yard setback requirements to construct additions to the existing nonconforming residential structure. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on April 18, 1990 and May 15, 1990, and conducted a field site review on May 5, 1990. 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 for making use of a parcel of property to the same extent enjoyed by similar properties. Section 17.16.060 requires a front yard setback for every residential parcel to be 50 feet. Section 17.16.070 (A) requires a side yard setback in the RAS - 2 zone to be 35 feet. Pursuant to these sections, the Planning Commission finds that: A. There are exceptional or extraordinary circumstances or 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 vicinity and zone because there exists topographical constraints that justify the continued encroachment since the existing nonconforming residential structure cannot be significantly expanded into the rear yard due to the current developmental pattern of the site. Further, the lot is generally elevated from the roadway and surrounding properties, thereby impacts are minimal. 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 because other nonconforming residences with reduced front yard and side yard setbacks exist in the immediate area. • • 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 because the proposed project will be compatible with surrounding properties, since the proposed expansion of the residence would result in no greater incursion into the front yard and side yard setbacks that the existing incursions. Section 4. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 425 to permit encroachment of residential additions into the front yard and side yard setbacks, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the following conditions: A. The variance to the side yard setbacks as indicated on the Development plan shall not be effective if the existing residential structure is demolished. B. The variance approvals shall expire if not used in one year from the effective date of approval as defined and specified in Section 17.32.10 of the Municipal Code. C. The proposed building plan must be approved by the Rolling Hills Community Association Architectural Committee before the applicant receives a building or grading permit from the County of Los Angeles. D. Prior to the submittal of a final grading plan to the County of Los Angeles, the grading plan shall be submitted to the Rolling Hilts Planning Department staff for their review, along with related geology, soils and hydrology reports. This grading plan must conform to the development plan as approved by the Planning Commission. E. A landscape plan must be submitted to the City of Rolling Hilts Planning Department staff for approval. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. The landscaping plan shall incorporate existing mature trees and native vegetation. A bond in the amount to of the cost estimate of the landscaping plus 15% may be required to be posted and retained with the City for not less than two years after landscape installation. The retained bond will be released by the City after the City Manager determines that the landscaping was installed pursuant the landscaping plan as approved, and that such landscaping is property established and in good condition. F. Any obstructions placed in the equestrian trail easements that provide access to the "Glory Trail" shall be removed prior to any issuance of a building permit, and shall be subject to review by the City and Caballeros Riding Organization. • • • G. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the development plan approved with this site plan review. H. Any modifications to the development plans approved by the Planning Commission shall require the filing of an application for modification of the development plan and must be reviewed and approved by the Planning Commission pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. I. The applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or this variance approval shall not be effective. ATTEST: PASSED, APPROVED AND ADOPTED this 2nd day June , 1990. D,T Deputy'/ Ci'fy Clerk /s/ Allan Roberts Chairman • • RESOLUTION NO. A RESOLUTION OF THE PLANNIN COMMISSION iE CTTY OF ROLLING HILLS GRANTING A V IANCE TO THE RONT YARD AND SIDE YARD SETBACKS IN ZO NG CASE NO. 42 . 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 Dr. Gary Chang with respect to real property located at 17 Buggy Whip Drive, Rolling Hills (LOT 6-BW) requesting a variance to the front yard and side yard setback requirements to construct additions to the existing nonconforming residential structure. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on April 18, 1990 and May 15, 1990, and conducted a field site review on May 5, 1990. 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 for making use of a parcel of property to the same extent enjoyed by similar properties. Section 17.16.060 requires a front yard setback for every residential parcel to be 50 feet. Section 17.16.070 (A) requires a side yard setback in the RAS - 2 zone to be 35 feet. Pursuant to these sections, the Planning Commission finds that: A. There are exceptional or extraordinary circumstances or 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 vicinity and zone because there exists topographical constraints that justify the continued encroachment since the existing nonconforming residential structure cannot be significantly expanded into the rear yard due to the current developmental pattern of the site. Further, the lot is generally elevated from the roadway and surrounding properties, thereby impacts are minimal. 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 because other nonconforming residences with reduced front yard and side yard setbacks exist in the immediate area. 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 because the proposed project will be compatible with surrounding properties, since the proposed expansion of the residence would result in no greater incursion into the front yard and side yard setbacks that the existing incursions. Section 4. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 425 to permit encroachment of residential additions into the front yard and side yard setbacks, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the following conditions: A. The variance to the side yard setbacks as indicated on the Development plan shall not be effective if the existing residential structure is demolished. B. The variance approvals shall expire if not used in one year from the effective date of approval as defined and specified in Section 17.32.10 of the Municipal Code. C. The proposed building plan must be approved by the Rolling Hills Community Association Architectural Committee before the applicant receives a building or grading permit from the County of Los Angeles. D. Prior to the submittal of a final grading plan to the County of Los Angeles, the grading plan shall be submitted to the Rolling Hills Planning Department staff for their review, along with related geology, soils and hydrology reports. This grading plan must conform to the development plan as approved by the Planning Commission. E. A landscape plan must be submitted to the City of Rolling Hills Planning Department staff for approval. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. The landscaping plan shall incorporate existing mature trees and native vegetation. A bond in the amount to of the cost estimate of the landscaping plus 15% may be required to be posted and retained with the City for not less than two years after landscape installation. The retained bond will be released by the City after the City Manager determines that the landscaping was installed pursuant the landscaping plan as approved, and that such landscaping is property established and in good condition. F. Any obstructions placed in the equestrian trail easements that provide access to the "Glory Trail" shall be removed prior to any issuance of a building permit, and shall be subject to review by the City and Caballeros Riding Organization. r` ~ • • G. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the development plan approved with this site plan review. H. Any modifications to the development plans approved by the Planning Commission shall require the filing of an application for modification of the development plan and must be reviewed and approved by the Planning Commission pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. I. The applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or this variance approval shall not be effective. 1990. ATTEST: PASSED, APPROVED AND ADOPTED this 15111 day _May /s/ Allnn_RnhprtG ALLAN ROBERTS, Chairman 1