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531, Construct a new SFR (6500 sq f, Resolutions & Approval ConditionsRESOLUTION NO. 97-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 95-19 AND APPROVING A N EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENCE AND A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 531. 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. William Rogers with respect to real property located at 20 Portuguese Bend Road (Lot 58-A-RH), Rolling Hills, requesting an extension to a previously approved Variance to encroach into the front yard setback to construct a residence and a previously approved site plan review for the construction of a new single family residence. Section 2. The Commission considered this item at a meeting on January 21, 1997 at which time information was presented indicating that the extension of time is necessary because Rolling Hills Community Association Architectural review took longer than anticipated and time is needed in order to complete County requirements. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 8 of Resolution No. 95-19, dated December 19, 1995, to read as follows: "A. The Variance, Conditional Use Permit, 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. 95- 19 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 21ST DA ALLAN ROBERTS, CHAIRMAN ATTEST: )< MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 97-5 PAGE 1 OF 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 97-5 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 95-19 AND APPROVING A N EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENCE AND A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 531. was approved and adopted at a regular meeting of the Planning Commission on January 21, 1997 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. 97-5 PAGE 2 OF 2 RESOLUTION NO. 95-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENCE AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 531. 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. William Rogers with respect to real property located at 20 Portuguese Bend Road, Rolling Hills (Lot 58-RH) requesting a Variance to permit encroachment into the front yard setback to construct a residence and Site Plan Review for the construction of a new single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on September 19, 1995 and October 17, 1995, and at a field trip visit on September 30, 1995. The Traffic Commission reviewed the relocation of the driveway on November 30, 1995. Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption (State CA Guidelines, Section 15301(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 17.16.110 requires the front yard setback for every residential parcel to be fifty (50) feet. The applicant is requesting to encroach up to a maximum 32 feet into the 50 foot front yard setback to construct a single family residence. 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 a long and narrow irregular -shaped lot. The existing legal nonconforming residence was built with the front yard setback and the existing building pad is located close to the street. The new residence will be constructed to allow open space near the front of the residence. 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 it avoids the necessity of grading to create the building pad on this irregular shaped lot and there will not be any greater incursion into the front setback than already exists at the existing site and at other property in the same vicinity. Also, the Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 531 to permit the construction of a residence that will encroach a maximum of thirty-two (32) feet into the front yard setback, 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 8 of this Resolution. Section 6. Section 17.46.030 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 at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. 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. The project conforms to Zoning Code setback and lot coverage requirements with the Variance approved in Sections 5 of this Resolution. The lot has a net square foot area of 178,085 square feet. The proposed residence (6,528 sq.ft.), guest house/garage (1,113 sq.ft.), swimming pool (650 sq.ft.), and covered patio (161 sq.ft.) will have 9,452 square feet which constitutes 5.3% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 20,152 square feet which equals 11.3% 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 below the road so as to reduce the visual impact of the development. RESOLUTION NO. 95-19 PAGE 2 OF 6 • • 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). The lot is relatively flat, grading will not be required, and most of the mature trees will not be removed. Grading will only be done to provide approved drainage that will flow away from the proposed residence and existing neighboring residences. 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 east 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 and supplements it with landscaping that is compatible with and enhances the rural character of the community. 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 will not require grading, will have a buildable pad coverage of 32.6%, and significant portions of the lot will be left undeveloped. The development plans will preserve one of the major trails in the City and also minimize impact on Portuguese Bend Road. The removal of an existing garage/workshop will minimize impact of the structures and the additions proposed will not be visible from Portuguese Bend Road. 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. The ratio of the proposed structure to lot coverage is similar to the ratio found on several properties in the vicinity. 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 close an existing driveway and replace and relocate one former vehicular access that will have less of an impact on Portuguese Bend Road. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. RESOLUTION NO. 95-19 PAGE 3 OF 6 • • Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 531 for a proposed residential development as indicated on the development plan incorporated herein as Exhibit A and subject to the conditions contained in Section 8. Section 8. The Variance to the front yard setback approved in Section 5 and the Site Plan Review approved in Section 7 of this Resolution are subject to the following conditions: A. The Variance and Site Plan Review approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070(A) and 17.46.080(A). B. It is declared and made a condition of the Variance and Site Plan Review approvals, 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. 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. E. There shall be only a single driveway access to Portuguese Bend Road as shown on the development plan incorporated herein as Exhibit A that is 50 feet north of the existing driveway which shall be closed before final building inspection. F. The driveway apron shall be a minimum of 25 feet in width for access from Portuguese Bend Road. G. The driveway apron shall be scored to accommodate equestrian activity. H. The trees and shrubs within the driveway access area along Portuguese Bend Road shall be trimmed and maintained in a northerly direction to accommodate sight distance for ingress and egress to the property. I. The landscape plan must be submitted for review by the Planning Department and include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to the issuance of any RESOLUTION NO. 95-19 PAGE 4 OF 6 • • building or grading 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. Landscaping shall be designed so as not to obstruct views of neighboring properties but, to obscure structures. K. Landscaping shall incorporate and preserve, to the maximum extent feasible, the existing mature trees and shrubs and the natural landscape screening surrounding the proposed building pad. L. Separate building permits shall be obtained for construction of the new residence and demolition of the garage/workshop. M. Glazed openings shall be removed from the existing stable loft area and replaced with usable shutters prior to final building inspection. N. The loft area shall be limited in use to the storage of feed, tack and stable equipment. O. Residential building pad coverage shall not exceed 32.6%. 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 shall not exceed a steepness of a 2 to 1 slope ratio. 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. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional development RESOLUTION NO. 95-19 PAGE 5 OF 6 shall require the filing of a new application for Site Plan Review approval by the Planning Commission. S. All conditions of these Variance and Site Plan Review approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. T. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance and Site Plan Review approvals, or the approvals shall not be effective. PASSED, APPROVED AND ADOPTED THIS 19TH DA 1 . BER, 1995. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 95-19 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENCE AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 531. was approved and adopted at an adjourned regular meeting of the Planning Commission on December 19,1995 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. 1� 1ITP- CCLERK RESOLUTION NO. 95-19 PAGE 6 OF 6