484, Variance for encroachment in f, Resolutions & Approval Conditions• •
RESOLUTION NO. 93-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING AN EXTENSION TO A PREVIOUSLY
APPROVED VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT
YARD TO CONSTRUCT A STABLE AND CORRAL AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW IN
ZONING CASE NO. 484.
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 Mr. and Mrs. Alfredo S. Sheng with
respect to real property located at 1 Lower Black water Canyon Road (a portion
of Lot 45-RH and 46-RH), Rolling Hills, requesting an extension to a previously
approved Variance to permit encroachment into the front yard to construct a
stable and corral and a previously approved Site Plan Review for a proposed new
residence.
Section 2. The Commission considered this item at a meeting on October
26, 1993 at which time information was presented indicating that the extension of
time is necessary for the Shengs to wait until Spring, 1994 to begin construction
because of the poor economic conditions in Southern California this year.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 9 of Resolution No. 92-30,
dated November 21, 1992, to read as follows:
"A. The Variance and Site Plan Review approvals shall expire within two
years of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of Resolution No. 92-
30 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER, 1993.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KE N, DEPUTY CITY CLERK
• •
RESOLUTION NO. 93-33
PAGE 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 93-33 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING AN EXTENSION TO A PREVIOUSLY
APPROVED VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT
YARD TO CONSTRUCT A STABLE AND CORRAL AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW IN
ZONING CASE NO. 484.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on October 26, 1993 by the following roll call vote:
AYES:
Commissioners Frost, Hankins, Raine and Chairman Roberts
NOES: None
ABSENT: Commissioner Lay
ABSTAIN: None
and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY CI Y CLERK
t t
RESOLUTION NO. 92-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT AN
ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT
A STABLE AND CORRAL, AND GRANTING SITE PLAN REVIEW
APPROVAL IN ZONING CASE NO. 484.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs.
Alfredo S. Sheng with respect to real property located at 1 Lower
Blackwater Canyon Road, Rolling Hills (a portion of Lot 45-RH and
46-RH): (1) A Variance to permit encroachment into —the front yard
to construct a stable and corral, and (2) Site Plan Review of a
proposed new residence.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the applications on August 18, 1992,
September 15, 1992, and October 20, 1992, and at field trip visits
on September 3, 1992 and September 6, 1992.
Section 3. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act pursuant to a Class 3 exemption provided
by Section 15303 of the State CEQA Guidelines.
Section 4. 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 from making use of a
parcel of property to the same extent enjoyed by similar
properties. A Variance to Sections 17.16.011.H is required because
this section states that corrals or pens may not be located in the
front yard. The applicant is requesting a Variance to encroach up
to 176 feet into the 257 foot irregular front yard setback to
construct a 450 square foot stable and a 550 square foot corral.
With respect to this request, the Planning Commission finds as
follows:
A. There are exceptional or 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 for the stable and corral is necessary because
the topography of the site prevents the construction of a stable
and corral in the rear yard. The proper and logical location for
the stable and corral is below the proposed building pad to the
north because of the topographical nature of the lot. The proposed
building pad for the residence will be located at the southern
portion of the lot where the ground is most level and the
southwestern rear yard slopes up, thereby precluding the creation
of a flat area for a stable and corral in the rear yard.
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RESOLUTION NO. 92-30
PAGE 2
The area proposed for the stable and corral is the only place
available on this property.
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 the
property in question. The Variance is necessary because the
General Plan encourages and the Zoning Ordinance requires the
delineation of stables and corrals on properties in the City of
Rolling Hills and a stable and corral could not be feasibly located
in the rear yard.
C. The granting of the Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the property is
located. The Variance will permit the construction of a stable and
corral which will not impact the street or neighboring properties
because they will be nestled into the hillside. Also, the building
pad for the stable is located near the junction of Middleridge Lane
and Lower Blackwater Canyon Road where there are many other stables
and corrals.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to permit the construction
of a 450 square foot stable and a 550 square foot corral in the
front yard of the residence located at 1 Lower Blackwatier Canyon
Road, subject to the conditions specified in Section 9.'
Section 6. Section 17.34.010 requires a development plan to
be submitted for site plan review and approval before 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 more than twenty-five percent (25%) in any
thirty-six month period.
Section 7. With respect to the Site Plan Review application,
the Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General
Plan, the Zoning Ordinance and surrounding uses because the
proposed structure complies with the General Plan requirement of
low profile, low density residential development with sufficient
open space between surrounding structures. Although the
development is large it is sited on a lot twice the size of those
in the area. The project conforms to Zoning Code setback and lot
coverage requirements. The lot hasa net square foot area of
165,794 square feet. The proposed residence and attached garage
(8,545 sq.ft.), swimming pool (500 sq.ft.), service yard (96
sq.ft.), and future stable (450 sq.ft.) will have 9,591 square feet
which constitutes 5.8% of the lot which is within the maximum 20%
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RESOLUTION NO. 92-30
PAGE 3
structural lot coverage requirement. The total lot coverage
including paved areas and driveway will be 18,263 square feet which
equals 11% 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 structures located away from
the road so as to reduce the visual impact of the development. The
building structures are substantially away from other residences
and will cover a small percentage of area on a very large lot. The
pad is similar in size to several neighboring developments. '
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 at the southwestern portion of the lot and will only be
done to provide approved drainage that will flow away from the
proposed residence and existing neighboring residences.
C. 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 grading will only be done to provide
approved drainage that will flow away from the proposed residence
and existing neighboring residences. /
D. The development plan follows natural contours of the
site to minimize grading and the natural drainage courses will
continue to the canyons at the northwest side of this lot.
E. The development plan incorporates existing large trees
and native vegetation to the maximum extent feasible and, with the
conditions attached to this approval, supplements it with
landscaping that is compatible with and enhances the rural
character of the community.
F. 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 will
have a buildable pad coverage of 19.7%. Significant portions of
the lot will be left undeveloped so as to preserve the rural
atmosphere of the community and the scenic vistas across the
northerly portions of the property.
G. The proposed development 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. Grading shall be permitted only to restore the
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RESOLUTION NO. 92-30
PAGE 4
natural slope of the property. The ratio of the proposed structure
to lot coverage is similar to the ratio found on several properties
in the vicinity.
H. The proposed development is sensitive and not
detrimental to convenience and safety of circulation for
pedestrians and vehicles because the proposed project will utilize
a road 30 feet from the existing vehicular access, thereby having
little impact on the roadway. Also, the driveway will be
unobstrusive and therefore, will create little interference with
traffic.
I. The project conforms with the requirements of the
California Environmental Quality Act and is categorically exempt
from environmental review.
Section 8. Based upon the foregoing findings, the Planning
Commission hereby approves the Site Plan Review application for
Zoning Case No. 484 for a proposed residential development as
indicated on the development plan incorporated herein as Exhibit A
and subject to the conditions contained in Section 9.
Section 9. The Variance to permit the construction of a
stable, and corral that will encroach into the front yard approved
in Section 5, and the Site Plan Review for residential development
approved in Section 8 are subject to/the following conditions:
A. The Variance shall expire unless used within one year
from the effective date of approval as defined in Section 17.32.110
of the Municipal Code. The Site Plan Review approval shall expire
within one year from the effective date of approval as defined in
Section 17.34.080.A.
B. It is declared and made a condition of the Variance and
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.
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
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 except as
otherwise provided in these conditions.
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RESOLUTION NO. 92-30
PAGE 5
E. 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 planas approved, and that
such landscaping is properly established and in good condition.
F. To minimize the visibility of buildings on the pad, the
structures, driveway, graded slopes and retaining walls shall be
screened and shielded from view with native drought -resistant
vegetation that is compatible with the surrounding vegetation of
the community.
G. The landscape plan shall include the retention and
maintenance of the existing mature trees on the lot supplemented
with plantings of native/ landscaping or landscaping that is
consistent with the rural character of the community, on the
property as a whole, and specifically at the northwestern portion
of the building pad and along Lower Blackwater Canyon Road.
H. The landscape plan for the building pad shall not be
developed with large expanses of lawn area. Instead, areas of mown
grass shall be minimized. No lawn area shall be allowed below the
location of the proposed -pool.
I. All retaining walls incorporated into the project shall
not be greater than 5 feet in height at any one point.,
J. Walls shall not be permitted where the driveway meets
the right-of-way.
wide.
K. Driveway entry gates shall not be permitted.
L. Driveway entrance pilasters shall not be permitted.
M. The driveway access apron shall be twenty-four (24) feet
N. The driveway access apron shall be roughened to assist
equestrian crossing.
92. -2342065
RESOLUTION NO. 92-30
PAGE 6
0. The driveway' entryway shall not include lighting.
P. 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.
The 'grading plan shall utilize land form or contour grading
techniques in its design so as to create slopes that blend with the
natural horizontal and vertical contours of the existing terrain
and in no case shall cut and fill slopes be steeper than the City
of Rolling Hills standard of 2 to 1 slope ratio. Special emphasis
shall be given to the proposed cut and fill slope at the upper
portion of the lot off Lower Blackwater Canyon Road to undulate and
vary its contours from 2:1, 3:1, and 4:1 to minimize the .slope.
Q. 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.
R. The working drawings submitted to the County Department
of Building and Safety for plan check review and must conform to
the development plan approved with this application.
S. The building pad coverage shall not exceed 19.7%.
T. Notwithstanding Section 17.34.070 of the Rolling Hills
Municipal Code, any modifications to the project which would
constitute additional development shall require the filing of a new
application for approval by the Planning Commission.
U. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance, pursuant to Section 17.32.087,
or the approval shall not be effective.
V. Conditions A, C, D, E, F, G, H, I, 3, K, L, M, N, 0, P,
Q, R, S, and U 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. /1
PASSED, APPROVED AND ADOPTED THIS `l 51 DAY OF I`}� 46• 6 &',L
1992.
RECORDED IN OFFICIAL 17M1)S
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA Iq9�
M
PASTST. 10 A,M, DEC 14 199
U
ALLAN ROBERTS, CHAIRMAN
92-2342065