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518, Variance for encroachment into, Resolutions & Approval ConditionsRESOLUTION NO. 94-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO PERMIT A PREVIOUSLY CONSTRUCTED RETAINING WALL TO REMAIN IN THE SIDE YARD SETBACK FOR A PLAYGROUND AREA IN ZONING CASE NO. 518. 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. Ty Bobit with respect to real property located at 10 Buggy Whip Drive (Lot 1-BW) requesting a Variance to encroach into the side yard setback to permit a previously constructed illegal retaining wall to remain in the side yard setback for a playground area. Section 2. The construction of 3-foot high retaining walls came to the attention of the City when a neighbor complained about the possibility of illegal grading taking place at the site in April, 1994. During investigation, staff and the building inspector determined that the additional area created for a children's playground area was less than the amounts that require a grading permit. However, a retaining wall constructed as part of the project encroached a maximum of 8 feet into the side yard setback. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the application on September 20, 1994 and October 18, 1994, and at a field trip visit on October 6, 1994. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. 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(B) requires a side yard setback for every residential parcel in the RA-S-2 Zone to be 35 feet. The applicant is requesting to permit a previously constructed illegal retaining wall to remain in the side yard setback for a playground area on a pad lower than the residential building pad. The approximately 119 foot long, 3 foot high wooden retaining wall encroaches a maximum of 8 feet into the 35 RESOLUTION NO. 94-24 PAGE 2 foot side yard setback. 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 lot is long and narrow and the building pads are located close to the street, side yards, and adjacent residences. The existing development pattern on the lot and the sloping rear portion precludes a safe zone for a children's playground area. 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 because of the steep slope on the lot which necessitates a retaining wall to support the slope bank for the proposed children's playground 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. Lack of development, except for children's playground equipment, on the lower pad will allow a substantial portion of the lot to remain undeveloped. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 518 to permit a previously constructed 3-foot high retaining wall to encroach a maximum of eight (8) feet into the side yard setback for a playground area on a pad lower, than the residential building pad, 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 7 of this Resolution. Section 7. The Variance to the side yard setback approved in Section .5 of this Resolution is subject to the following conditions: A. The Variance approvals shall expire within one year from the effective date of approval as defined in Section 17.38.070. 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 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 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. RESOLUTION NO. 94-24 PAGE 3 • . D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated July 5, 1994 and marked Exhibit A, except as otherwise provided in these conditions. E. Landscaping shall be provided and maintained to obscure the playground equipment and retaining walls from the view from adjacent properties but, shall not encroach any more than already exists at the south side of the property. The landscaping shall be planted within 3 months of the approval of this Resolution, and shall be subject to City staff approval. F. 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. G. 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 shall not exceed a steepness of a 2 to 1 slope ratio. H. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance and driveway modification approvals, or the approvals shall not be effective. I. All conditions of these Variance approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 5TI-1,- 9 NOVEMBER, 1994. (740 ALLAN ROBERTS, CHAIRMAN ATTEST: k MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 94-24 PAGE 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) SS I certify that the foregoing Resolution No. 94-24 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO PERMIT A PREVIOUSLY CONSTRUCTED RETAINING WALL TO REMAIN IN THE SIDE YARD SETBACK FOR A PLAYGROUND AREA IN ZONING CASE NO. 518. was approved and adopted at a regular meeting of the Planning Commission on November 5, 1994 by the following roll call vote: AYES: Commissioners Frost, Hankins, Raine, Witte and Chairman Roberts. NOES: None . ABSENT: None . ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices. N fn . l{ . DEPUTY CITY' CLERK