486, Construct a new SFR with attac, Resolutions & Approval ConditionsRESOLUTION NO. 93-7
A.RESOLUTION OF THE PLANNING COMMISSION OF THE ITY OF
ROLLING HILLS GRANTING A VARIANCE FOR ENCROAC ENT INTO
THE REAR YARD SETBACK TO EXTEND EXISTING RETAINING WALLS AND
RELOCATE POOL EQUIPMENT, GRANTING A VARIANC FOR THE CONTINUED
ENCROACHMENT INTO THE SIDE YARD SETBACK OF EXISTING RETAINING
WALLS AND THE CONSTRUCTION OF A SPA, AND RANTING CONDITIONAL
USE PERMIT APPROVAL FOR THE RELOCATION O TWO EXISTING
DRIVEWAYS IN ZONING CASE NO. 486.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. and Mrs.
John Eugene with respect to real prop irty located at 1 Open Brand
Road, Rolling Hills (Lot 116-B-EF) requesting a Variance for
encroachment into the rear yard s tback for the extension of
existing retaining walls and the /elocation of pool equipment,
requesting a Variance into the sid9 yard setback for the continued
encroachment of existing retaining walls and the construction of a
spa, and requesting Conditional. Use Permit approval for the
relocation of two existing driveways.
Section 2. The Planning commission conducted a duly noticed
public hearing to consider the application for a Variance into
allowable setbacks and the re�tocation of two existing driveways on
October 20, 1992, November 17', 1992, December 15, 1992, and January
19, 1993, and at a field tp visit on October 31, 1992. Members
of the Commission revisite1the site individually on December 18,
1992 and December 19, 1992.
Section 3. The Pl4ing Commission finds that the project is
categorically exempt from environmental review as a Class 1 (minor
alteration exemption) nder the California Environmental Quality
Act (CEQA Guidelines Section 15301).
Section 4. Sect ons 17.32.010 through 17.32.030 permit
approval of a Varian a from the standards and requirements of the
Zoning Ordinance wh n exceptional or extraordinary circumstances
applicable to the •roperty and not applicable to other similar
properties in the s=me zone prevent the owner from making use of a
parcel of proper y to the same extent enjoyed by similar
properties. A V-riance to Sections 17.16.080 and 17.28.022 is
required to permi an existing 80 feet of 2.5 foot retaing walls
that encroach up o 10 feet into the 50 foot rear yar tba k and
the construction of 43 feet of additional 4.5 foot r aining walls
to conceal the relocated pool equipment. Thes additional
retaining walls will encroach up to 16 feet into t^$i 50 foot rear
yard setback. he Planning Commission fin'
RESOLUTION NO. 93-7
PAGE 2
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the intended use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing retaining
walls in the rear yard encroach up to 10 feet into the rear yard
setback, the building pad is relatively small and topographical
constraints limit the relocation of the pool equipment away from
the residence yet outside of the rear yard setback. The rear of the
property is located close to a heavily travelled main artery,
Eastfield Drive, but not close to adjacent residences.
B. This 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 the
encroachments continue the form and shape of the existing retaining
walls and for safety reasons are similar to the location on the lot
of other surrounding residences.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. Development on the pad will allow a substantial portion
of the lot to remain undeveloped and will not impair the view or
privacy of adjacent residents.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach to a maximum of
16 feet into the rear yard setback to extend an existing 80 foot
long, 2.5 foot high retaining wall an additional 43 feet in length,
and up to a maximum height of 4.5 feet 'above grade as indicated on
the Development Plan attached hereto as Exhibit A subject to the
conditions contained in Section 11.
Section 6. A Variance to Sections 17.16.070.B and 17.28.022
of the Rolling Hills Municipal Code is required to permit existing
54 foot long and 2.5 foot high retaining walls that encroach up to
10 feet into the 20 foot side yard setback and to allow the
construction of a 70 square foot spa that will encroach up to 3
feet into the same 20 foot side yard setback. The structural lot
coverage proposed is 5,005 square feet or 19.38% within the maximum
structural lot coverage permitted. The Planning Commission finds:
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the intended use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing legal
nonconforming retaining walls encroach up to 10 feet into the side
yard setback, the building pad is relatively small and there are
topographic constraints to building the spa outside of the side
• •
RESOLUTION NO. 93-7
PAGE 3
yard setback, and the spa is not located close to the street and
adjacent residences.
B. This 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 the spa
encroachment continues the form and shape of the existing retaining
walls and the location relative to the setback lines is similar to
the location on the lot of other surrounding residences.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. Development on the pad will allow a substantial portion
of the lot to remain undeveloped and will not impair the view or
privacy of adjacent residents.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach to a maximum of
10 feet into the side yard setback to permit existing retaining
walls and a maximum of 3 feet to construct a 70 square foot spa as
indicated on the Development Plan attached hereto as Exhibit A
subject to the conditions contained in Section 11.
Section 8. Section 17.16.012.J of the Rolling Hills Municipal
Code requires a Conditional Use Permit to allow the construction of
additional driveways providing a second means of vehicular access
to a maintained road. The total lot coverage exceeds the 35%
maximum Code requirement. By relocating the two existing driveways
and reducing the flatwork on the lot by 6.3%, the total lot
coverage will be reduced from 42.2% to 36.21%.
Section 9. The Planning Commission makes the following
findings:
A. The granting of a Conditional Use Permit for the
relocation of two driveways would be consistent with the purposes
and objectives of the Zoning Ordinance and General Plan and will be
desirable for the public convenience and welfare because the use is
consistent with similar uses in the community, the area proposed
for the driveways will be located in an area of the property where
such use will be the least intrusive to surrounding properties.
B. The granting of a Conditional Use Permit would be
consistent with the purposes and objectives of the Zoning Ordinance
and General Plan, because the relocated driveways will comply with
the low profile residential development pattern of the community
and are located on a 0.781 acre parcel of property that is adequate
in size, shape and topography to accommodate such use. The
• •
RESOLUTION NO.93-7
PAGE 4
relocated driveways will reduce the amount of flatwork on the lot
by 6.3%.
C. The granting of a Conditional Use Permit would be
consistent with the purposes and objectives of the Zoning Ordinance
and General Plan, because the two driveways will not impact the
view or the privacy of neighbors. The new driveways will each be
12 feet wide, with a 17 foot wide apron, and will be 100 feet
apart. The westernmost driveway is proposed to be approximately 68
feet from the corner of Open Brand Road and Eastfield Drive. These
driveways meet the minimum requirements for additional driveways.
Section 10. Based upon the foregoing findings, the Planning
Commission hereby approves a Conditional Use Permit for the
relocation of two driveways in accordance with the Development Plan
attached hereto in Zoning Case No. 487 subject to the conditions
contained in Section 11.
Section 11. The Variance to the rear yard setback for the
encroachment into the rear yard setback for the extension of
existing retaining walls and the relocation of pool equipment, the
Variance into the side yard setback for the continued encroachment
of existing retaining walls and the construction of a spa, and the
Conditional Use Permit for two driveways as indicated on the
Development Plan attached hereto and incorporated herein as Exhibit
A as approved in Sections 5, 7 and 10 are subject to the following
conditions:
A. The Variances and Conditional Use Permit shall expire
unless used within one year from the effective date of approval as
defined in Section 17.32.110 of the Municipal Code.
B. It is declared and made a condition of the Variances and
Conditional Use Permit, that if any conditions thereof are
violated, these approvals 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
i•n which the subject property is located must be complied with
unless otherwise set forth in these approvals, 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.
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RESOLUTION NO. 93-7
PAGE 5
E. The Variance to the side yard setback for the retaining
walls and spa is approved provided that (1) There shall be no
further additions to the existing residence, including, but, not
limited to, filling in existing unenclosed areas of the structure,
and (2) The roof line of the structure shall not be modified, and
shall be maintained at the existing level of the lower roof line
over the main living area.
F. The Conditional Use Permit for the relocation of two
driveways isapproved provided that (1) There shall be no further
additions to the existing residence, including, but, not limited
to, filling in existing unenclosed areas of the structure, and (2)
The roof line of the structure shall not be modified, and shall be
maintained at the existing level of the lower roof line over the
main living area.
G. Separate building permits shall be obtained for the
additional retaining walls and the spa within six months of the
effective date of this resolution.
H. All new retaining walls incorporated into the project
shall not be greater than 5 feet in height at any one point.
I. A landscape plan must be submitted to and approved by
the City of Rolling Hills Planning Department staff prior to the
issuance of any grading and building permit. 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/or consistent with
the rural character of the community..
A bond in the amount of the cost estimate of the implementation of
the landscaping plan plus 15% shall be required to be posted prior
to issuance of a grading and building permit 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 determines that the landscaping was
installed pursuant to the landscaping plan as approved, and that
such landscaping is properly established and in good condition.
J. 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.
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RESOLUTION NO. 93-7
PAGE 6
K. The driveways must be reviewed and approved by the
Rolling Hills Traffic Committee prior to issuance of any building
or grading permit.
L. 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.
M., 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.
N. The applicant shall execute an Affidavit of Acceptance
of all conditions of these Variances and Conditional Use Permit,
pursuant to Section 17.32.087, or the approvals shall not be
effective.
O. Conditions A, C, D, E, F, G, H, I, J, K, L, M, and N of
these Variances and Conditional Use Permit 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 THIS TFi4DAY OF FEBRUARY, 1993.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
k fib)
M c,YN i RN, DEPUTY CITY CLERK
The foregoing Resolution No. 93-7 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR ENCROACHMENT INTO
THE REAR YARD SETBACK TO EXTEND EXISTING RETAINING WALLS AND
RELOCATE POOL EQUIPMENT, GRANTING A VARIANCE FOR THE CONTINUED
ENCROACHMENT INTO THE SIDE YARD SETBACK OF EXISTING RETAINING
WALLS AND THE CONSTRUCTION OF A SPA, AND GRANTING CONDITIONAL
USE PERMIT APPROVAL FOR THE RELOCATION OF TWO EXISTING
DRIVEWAYS IN ZONING CASE NO. 486.
• •
RESOLUTION NO. 93-7
PAGE 7
was approved and adopted at a regular meeting of the Planning
Commission on February 16, 1993 by the following roll call vote:
AYES:
NOES:
Commissioners Hankins, Lay, Raine and Chairman Roberts
None
ABSENT: None
ABSTAIN: Commissioner Frost
-114k1-24'hc\-1 L K�. )
DEPUTY CITY CLERK