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588, for development and grading fo, Resolutions & Approval Conditions• RESOLUTION NO. 2000-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 99-5 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR THE DEVELOPMENT OF A BARN AND TO AUTHORIZE PREVIOUSLY ILLEGALLY CONDUCTED AND LIMITED GRADING FOR A CORRAL IN ZONING CASE NO. 588. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mrs. Tamara Torino with respect to real property located at 6 Middleridge Lane South (Lot 255-UR), Rolling Hills, requesting an extension to a previously approved Site Plan Review for the development of a barn and to authorize previously illegally conducted and limited grading for a corral. Section 2. The Commission considered this item at a meeting on February 15, 2000 at which time information was presented indicating that the extension of time is necessary is necessary in order to comply with Los Angeles County requirements. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 5 of Resolution No. 99-5, dated February 16, 1999, to read as follows: "A. The Site Plan Review approval shall expire within two years of the approval of this Resolution." Section 4. Except as herein amended, the provisions of Resolution No. 99-5 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 15TH DAY O - U RX 2000. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KE ,DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2000-03 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 99-5 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR THE DEVELOPMENT OF A BARN AND TO AUTHORIZE PREVIOUSLY ILLEGALLY CONDUCTED AND LIMITED GRADING FOR A CORRAL IN ZONING CASE NO. 588. was approved and adopted at a regular meeting of the Planning Commission on February 15, 2000 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, 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 DEPUTY CITY CLERK • e RESOLUTION NO. 99-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE DEVELOPMENT OF A BARN AND TO AUTHORIZE PREVIOUSLY ILLEGALLY CONDUCTED AND LIMITED GRADING FOR A CORRAL IN ZONING CASE NO. 588. 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 Mrs. Tamara Torino with respect to real property located at 6 Middleridge Lane South (Lot 255-UR), Rolling Hills requesting a Variance to permit a previously constructed illegal trellis to encroach into the south side yard setback and Site Plan Review Modification to permit the construction of a proposed barn that requires grading at the north side of the property, a portion of which had been illegally graded, at a single family residence. During the hearing process, the Planning Commission denied the request for a Variance to authorize the retention of a previously illegally constructed trellis that encroaches into the south side yard setback. Section 2. A. On September 30, 1998, staff was informed that the hillside on the north side of the subject property was being graded. Upon inspection by Senior Building Engineering Inspector Rafael Bernal and staff, it was observed that there was a cut in the hillside and a wood, railroad tie retaining wall had been constructed in that area. B. On October 1, 1998, staff discussed the illegal grading and construction that took place without the benefit of permits with Mr. Richard Huddleson, Architect, and forwarded a letter to Mrs. Torino. The letter stated that all grading work must be stopped immediately until appropriate permits/Planning Commission approvals have been obtained. Required applications were filed on October 20,1998. C. Previously, on June 16, 1998, the Planning Commission granted Site Plan Review approval to authorize previous illegally conducted and limited grading for an on -site guest driveway and parking area at the residence. A permit to legally grade the guest driveway and parking area was issued on November 6, 1998. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the applications on November 17, 1998, December 15, 1998, and January 19, 1999, and at a field trip visit on December 12, 1998. Concerns expressed by neighbors involving the proposed barn included grading, drainage, proximity to the northern neighbors' residence, and odors. RESOLUTION NO. 99-5 PAGE 1 OF 6 • e Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption [State CA Guidelines, Section 15303 (e)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. Section 17.46.020 of the Rolling Hills Municipal Code requires a development plan to be submitted for site plan review and approval before any grading requiring a grading permit and 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 at least 1,000 square feet and has the effect of increasing the size of the building or structure by more than twenty-five percent (25%) in any thirty-six month period. The applicant requests Site Plan Review for the construction of a barn and corral that requires grading at the north side of the property, a portion of which had been illegally graded on a lot developed with an existing single family residence, an attached garage, guest house, swimming pool, and trellises. With respect to the Site Plan Review application, the Planning Commission makes the following findings of fact: A. The proposed development of a barn and corral is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structurecomplies 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 setback and lot coverage requirements with the conditions approved in Section 5 of this Resolution. The lot has a net square foot area of 154,899 square feet. The residence (3,878 sq.ft.), attached garage (806 sq.ft.), swimming pool (800 sq.ft.), guest house (450 sq.ft.), future barn (450 sq.ft.), and trellises (689 square feet) will total 7,073 square feet which constitutes 4.7% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 14,715 square feet which equals 9.5% 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 and away from the road so as to reduce the visual impact of the development. The 950 square foot building pad proposed for the new barn and corral will be 450 square feet or 47.4%. The total building pad coverage will be 33.5%. 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 vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because a minimum amount of grading is proposed and will only be done to provide approved drainage that will flow away from the proposed barn, residence and existing neighboring residences. RESOLUTION NO. 99-5 PAGE2OF6 • e C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the northeastern side (rear) of this lot. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves several mature trees and shrubs. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the structural and total lot coverage to be exceeded. Further, the proposed project is designed to minimize grading. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the northeasterly portions of the property. F. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum will not be exceeded and the proposed project is consistent with the scale of the neighborhood when compared to this irregular -shaped lot. Grading shall be permitted only to restore the natural slope of the property. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize an existing driveway at the southwestern portion of the property off Middleridge Lane South for access. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for the development of a barn that requires grading and to authorize previously illegally conducted and limited grading for a corral, as indicated on the Development Plan dated January 12, 1999 and marked Exhibit A, that is subject to the following conditions: A. The Site Plan Review approval shall expire within one year from the effective date of approval as defined in Section 17.46.080. B. It is declared and made a condition of the Site Plan Review 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. RESOLUTION NO. 99-5 PAGE 3 OF 6 • 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 dated January 12, 1999 and marked Exhibit A, except as otherwise provided in these conditions. E. The 3-rail fence at the northern property line shall be relocated to the 25-foot easement line. F. Any garden or retaining walls shall not exceed 3 feet in height. G. Any structures within required setbacks require a Variance and Planning Commission review and approval. H. The 262 square foot trellis within the southern side yard setback shall be removed within 60 days of the approval of this resolution if the denial of the Variance in Zoning Case No. 588 becomes effective. I. Structural lot coverage shall not exceed 4.7% and total lot coverage shall not exceed 9.5%. J. Disturbed area of the lot shall not exceed 27,484 square feet or 17.7%. K. Completion of grading for the proposed barn and corral shall not exceed 45 cubic yards of cut soil and 45 cubic yards of fill soil and shall not be permitted unless and until barn plans are approved and a permit is issued by the County of Los Angeles. L. Residential building pad coverage shall not exceed 33.8%, pool pad coverage shall not exceed 24.0%%, guest house pad coverage shall not exceed 59.3%, and the building pad coverage for the barn shall not exceed 47.4%. The total building pad coverage shall not exceed 33.5%. M. The existing topography, flora and natural features of the lot shall be retained to the greatest extent possible. N. Landscaping with rye grass or other suitable native vegetation shall be provided in a 7± foot wide strip to attempt to contain loose material within the corral area following the 3-rail fence relocation to the 25-foot easement line as shown on the site plan on file dated January 12, 1999 and marked Exhibit A. O. Landscaping to obscure any garden walls, retaining walls, or residence shall be maintained so as not to block views in the northeastern and western corridors of the lot. RESOLUTION NO. 99-5 PAGE4OF6 • P. Landscaping to obscure retaining walls and residence shall be maintained so as not to exceed the ridge line of the residence. Q. Landscaping shall incorporate and preserve, to the maximum extent feasible, the existing mature trees and shrubs and the natural landscape screening surrounding the proposed barn and corral building pad. R. Plans to be submitted for grading and drainage plan check shall include Los Angeles County Flood Control District Plan No. 6650-RW2, dated 5/21/73, this Resolution No. 99-5, and shall take into consideration improvement of grading and drainage and that includes effects on property at 4 Middleridge Lane South (Lot 256- UR) as well as the Middleridge Lane South roadway between Lots 255-UR and 256- UR. S. Prior to 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. T. 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. U. The applicant shall execute an Affidavit of Acceptance of all conditions of this Site Plan Review or the approval shall not be effective. V. All conditions of this Site Plan Review approval must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON THE 16TWDAY F` FEijRUARY, 1999. ALLAN ROBERTS, CHAIRMAN ATTEST: d QJLv MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 99-5 PAGE5OF6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 99-5 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE DEVELOPMENT OF A BARN AND TO AUTHORIZE PREVIOUSLY ILLEGALLY CONDUCTED AND LIMITED GRADING FOR A CORRAL IN ZONING CASE NO. 588. was approved and adopted at a regular meeting of the Planning Commission on February 16, 1999 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, 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 DEPUTY CITY CLERK RESOLUTION NO. 99-5 PAGE6OF6 • RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROPED ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX APR 0 5 1999 CITY OF ROt.LING HILLS Sy • 98 2367e92 J ` RECORD RECILE DIN OFS FICi L ECORDSI LOS ANGELES COUNTY CALIFORNIA 8:04 AM DEC' 30 1998 The Registrar -Recorder's Office requires that the form be notarized before recordation. AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 573 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT RBnnniAr'c Ilco FEE $22 DAF $2 C-20 6 I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 6 MIDDLERIDGE LANE SOUTH (LOT 255-UR), ROLLING HILLS This property is the subject of the above numbered case. I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 573 SITE PLAN REVIEW ,C VARIANCE CONDITIONAL USE PERMIT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. gnature TQ.ma,vu. Tor/ Ito Name typed,o�r_attdr/� lta So - Add� s/K�{f,G�(X LG .l � of f�i / .(;/ Cit /State Signatures must be acknowledged by a notary oublic. Signature Name typed or printed Address City/State State of California ) County of Los/Angeles) / On /`11( before me, /�/ /" /P4J�1. J�o7L641 personally 7'4444a/Ya_ / ol-) appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(*) whose name(*) is/arc subscribed to the within instrument and acknowledged to me that hiefshe/t#ey executed the same in p+,s/her/t#e+r authorized capacity(40 and that by I9+s/her/t. ear signature(.$) on the instrument the person(e), or the entity upon behalf of•which the persons) acted, executed the instrument. -,-! -- Commission # 1154377 t R. FRIEDLY Witness by h , j'. a ficial seal. Commission # 1154377 Notary Public - California Los Angeles County / („ )- Signature of NMary My Comm. Expires Sep 5, 2001 See Exhibit "A" attached hereto and made a part hereof • • RESOLUTION NO. 98-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE PREVIOUSLY ILLEGALLY CONDUCTED AND LIMITED GRADING FOR AN ON -SITE GUEST DRIVEWAY AND PARKING AREA AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 573. 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 Mrs. Tamara Torino with respect to real property located at 6 Middleridge Lane South (Lot 255-UR), Rolling Hills, requesting a Site Plan Review to authorize the maintenance of previously conducted and illegal grading to reconfigure an on -site guest driveway and parking area along with retaining walls at an existing single family residence. During the hearing process, the amount of grading was reduced. Section 2. On August 19, 1997, Mrs. Tamara Torino, applicant, was issued a building permit by the City and the County to construct a 277 square foot residential addition at the property at 6 Middleridge Lane South. Mrs. Torino was also replacing her existing driveway when the City was informed of grade changes taking place at the building site at the eastern leg of the Y-shaped driveway. On November 5, 1997, Mr. Rafael Bernal, District Engineering Associate, issued a "Stop Work Order" because grading was taking place without benefit of a grading permit. Because of the winter rains, the City allowed Mrs. Torino to continue work on the residential addition, replace the existing southwestern leg of the Y-shaped driveway to access the residence and requested that Mrs. Torino provide engineering information about the City's requirement for a grading permit. On November 12, 1997, Inspector Bernal issued a second "Stop Work Order" notice when he discovered further grading work was being done. On December 19, 1997, Mr. Keith W. Ehlert, Engineering Geologist, informed Mrs. Torino that the eastern leg of the Y-shaped driveway had been widened and filled with 288 cubic yards of soil. The City needed further information from Mrs. Torino. On January 14, 1998, Mr. Ehlert informed Mrs. Torino that 1,870 square feet was affected by the driveway modifications. From this information, staff calculated and verified with Mr. Ehlert by telephone that 4.16 feet of fill soil was used to reorient and widen the driveway and determined that a grading permit was required for the grading work. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the application on March 17, 1998, April 21, 1998, and May 19, 1998, and at a field trip visit on March 28, 1998. The applicant was notified of the public hearing in writing by first class mail and through the City's newsletter. RESOLUTION NO. 98-11 . PAGE 1 OF 5 98 2367892 • . Evidence was heard and presented from all persons interested in the project, from all persons protesting the same, and from . members of the City staff and the Planning Commission having reviewed, analyzed and studied the project. Concerns expressed by Commissioners, concerned residents and the applicants focused on the unauthorized grading, the possible obstruction of neighbors' views by recent planting of Pine and other trees, and parking at the building site. Section 4. The Planning Commission finds that the project qualifies as a Class 4 Exemption [State CEQA Guidelines, Section 15304 (Minor Alterations to Land)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Section 17.46.020 of the Rolling Hills Municipal Code requires a development plan to be submitted for site plan review and approval before any grading that requires a grading permit or any new building or structure may be constructed. The applicant requests Site Plan Review to authorize the maintenance of previously conducted and illegal grading to reconfigure an on -site guest driveway and parking area along with retaining walls at an existing single family residence. With respect to the Site Plan Review application, the Planning Commission makes the following findings of fact: A. The illegal development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed grading, as conditioned, complies 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 setback and lot coverage requirements. The lot has a net square foot area of 154,899 square feet. The residence (3,878 sq.ft.), attached garage (474 sq.ft.), pool (800 sq.ft.), future stable (450 sq.ft.), and guest house (450 sq.ft.) will have 6,052 square feet which constitutes 3.9% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 13,517 square feet which equals 8.7% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large lot with the parking area area and proposed retaining wall structures located above and away from the road so as to reduce the visual impact of the development. B. The illegal development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because a minimum amount of grading is proposed and will only be done to provide approved drainage that will flow away from the graded area and proposed retaining walls, the existing residence, and neighboring residences. RESOLUTION NO. 98-11 PAGE 2 OF 5 98 2367892 • i C. The development plan follows the natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the north and east sides of this lot. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves several mature trees and shrubs. 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 is designed to minimize grading. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the northeasterly portions of the property. F. The illegal development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum will not be exceeded and the proposed project is consistent with the scale of the neighborhood when compared to this irregular -shaped lot. Grading shall be permitted only to restore the natural slope of the property. G. The illegal development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize the same driveway to Caballeros Road for access. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review request to authorize the maintenance of previously conducted and illegal grading to reconfigure an on -site guest driveway and parking area along with retaining walls at an existing single family residence, as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A dated April 9, 1998, that is subject to the following conditions: A. The Site Plan Review approval shall expire within one year from the effective date of approval as defined in Section 17.46.080. B. It is declared and made a condition of 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. RESOLUTION NO. 98-11 PAGE 3 OF 5 98 2367892 • • C. All requirements of the Building and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise approved by Variance. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A dated April 9, 1998, except as otherwise provided in these conditions. E. Any retaining walls shall not exceed 3 feet in height. F. The top upper edge of all retaining walls shall be a continuous smooth line and without jagged inclines or declines along the length of the wall. G. Structural lot coverage shall not exceed 3.9% and total lot coverage of structures and paved areas shall not exceed 8.7%. H. Disturbed area of the lot shall not exceed 14.1%. I. Grading to repair the eastern driveway parking area shall not exceed 286 cubic yards of cut soil and 286 cubic yards of fill soil. J. Grading of the eastern leg of the driveway shall not exceed 5,520 square feet of ground surface area. K. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. L. Additional landscape screening shall be planted to obscure the southern faces of the retaining walls and the residence but not block views in the northeastern and western corridors of the lot. M. Landscaping to obscure the retaining walls and residence shall be maintained so as not to exceed the ridge line of the residence. N. Review and approval of a site drainage plan by the City Engineer shall be obtained for the existing and proposed grading and the retaining walls. O. A plan that conforms to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review prior to the submittal of an applicable site drainage plan to the County of Los Angeles for plan check. P. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to approval of the drainage plan. RESOLUTION NO. 98-11 PAGE 4 OF 5 98 2367892 • • Q. The working drawings submitted to the County Department of Building and Safety for site drainage plan review and building permits must conform to the development plan described at the beginning of this section (Section 11). R. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance and Conditional Use Permit approvals pursuant to Section 17.38.060, or the approval shall not be effective. S. All conditions of this Site Plan Review approvals must be complied with prior to approval of the site drainage plan by the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON THE 16TH�A'�f-QF�TUN 1998. ATTEST: MARILYN I RN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITYOF ROLLING HILLS ) §§ AL V ROBERTS, CHAIRMAN I certify that the foregoing Resolution No. 98-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CM OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE PREVIOUSLY ILLEGALLY CONDUCTED AND LIMITED GRADING FOR AN ON - SITE GUEST DRIVEWAY AND PARKING AREA AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 573. was approved and adopted at an adjourned regular meeting of the Planning Commission a-t June 16, 1998 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer and Chairman Roberts. NOES: None. ABSENT: Commissioner Witte. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN RN, DEPUTY CITY CLERK RESOLUTION NO. 98-11 PAGE 5 OF 5 98 2367892 • • RESOLUTION NO. 99-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A VARIANCE TO AUTHORIZE THE RETENTION OF A PREVIOUSLY ILLEGALLY CONSTRUCTED TRELLIS THAT ENCROACHES INTO THE SOUTH SIDE YARD SETBACK IN ZONING CASE NO. 588. 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 Mrs. Tamara Torino with respect to real property located at 6 Middleridge Lane South (Lot 255-UR), Rolling Hills requesting a Variance to permit a previously constructed illegal trellis to encroach into the south side yard setback. Section 2. On September 30, 1998, staff was informed that the hillside on the north side of the subject property was being graded. Upon inspection by Senior Building Engineering Inspector Rafael Bernal and staff, it was observed that there was a cut in the hillside and a wood, railroad tie retaining wall had been constructed in that area. The application was submitted after staff determined that a new trellis was observed attached to the south side of the residence within the side yard setback. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the application on November 17, 1998, December 15, 1998, and January 19, 1999, and at a field trip visit on December 12, 1998. Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption [State CA Guidelines, Section 15303 (e)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. 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 thirty-five (35) feet. The applicant is requesting to maintain a 262 square foot trellis that encroaches a maximum of twenty-eight (28) feet into the south side yard setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply RESOLUTION NO. 99-4 PAGE 1 OF 3 • • generally to the other property in the same vicinity and zone. The variance is not necessary because authorization of the illegally constructed trellis would not allow sufficient setbacks and easements to provide buffers between residential uses. In addition, the building pad coverage for this project would be 35.3% which the Commission finds excessive and exceeds the building pad coverage of most properties in the vicinity so that the proposed expansion is not appropriate for the property. B. The Variance is not 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 a portion of the residence, garden walls and a water feature already encroach into the south side yard setback, and additional encroachments would exacerbate the amount of residential structure within setback areas, and further construction within setbacks is not required to use the site for residential uses. C. The granting of the Variance will 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 does not minimize structural coverage on the pad, leaves little open space between property lines, would result in further overdevelopment of the building pad and exceeds the recommended coverage of 30%. The encroachment also makes the illegally constructed trellis more visually prominent on the building pad than appropriate for the existing development pattern of the City. Section 9. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance to authorize the retention of a previously constructed illegal trellis to encroach into the south side yard setback in Zoning Case No. 588. PASSED, APPROVED AND ADOPTED ON THE 16 DAY; F : RUARY, 1999. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 99-4 PAGE2OF3 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 99-4 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A VARIANCE TO AUTHORIZE THE RETENTION OF A PREVIOUSLY ILLEGALLY CONSTRUCTED TRELLIS THAT ENCROACHES INTO THE SOUTH SIDE YARD SETBACK IN ZONING CASE NO. 588. was approved and adopted at an adjourned regular meeting of the Planning Commission on February 16, 1999 by the following roll call vote: AYES: NOES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYNt-RN DEPUTY CITY CLERK RESOLUTION NO. 99-4 PAGE 3 OF 3