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516A, Requesting encroachment into f, Resolutions & Approval Conditions• RESOLUTION NO. 95-7 • DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 94-23 AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 516A. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application has been filed by Mr. and Mrs. David Tabah with respect to real property located at 12 Outrider Road, Rolling Hills (Lot 74- EF), Rolling Hills, requesting a modification to a previously approved Site Plan Review for the construction of a new single family residence with attached garage. Section 2. The Commission considered this item at a public hearing on March 21, 1995 at which time information was presented indicating the need to add a fourth garage and a small addition to the master bathroom to simplify the roof line in compliance with the Rolling Hills Community Association Architectural Committee. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend the following two paragraphs of Resolution No. 94-23, dated November 5, 1994: Paragraph A, Section 8 to read as follows: "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 Variances approved in Sections 5 and 7 of this Resolution. The lot has a net square foot area of 85,377 square feet. The proposed residence (2,927 sq.ft.), garage (760 sq.ft.), swimming pool (500 sq.ft.), existing stable (300 sq.ft.), and pool house (100 sq.ft.) will have 4,587 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 10,243 square feet which equals 11.94% 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." Paragraph F, Section 10 to read as follows: "F. Residential building pad coverage shall not exceed 46.09%." RESOLUTION NO. 95-7 • PAGE2OF2 Section 4. Except as herein amended, the provisions of Resolution No. 94-23 shall continue to be in full force and effect. PASSED, APPROVED and ADOPTED this 21st day of March, 1995. ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) SS ALLAN ROBERTS, CHAIRMAN I certify that the foregoing Resolution No. 95-7 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 94-23 AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 516A. was approved and adopted at an adjourned regular meeting of the Planning Commission on March 21, 1995 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK • • RESOLUTION NO. 94-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A RETAINING WALL INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A PORTION OF A PROPOSED RESIDENCE INTO THE FRONT YARD SETBACK, AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 516. 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. David Tabah with respect to real property located at 12 Outrider Road, Rolling Hills (Lot 74-EF) requesting a Variance to encroach into the front yard setback to permit the construction of a retaining wall into the front yard setback, requesting a Variance to encroach into the front yard setback to permit the encroachment of a portion of a proposed residence into the front yard setback, and requesting Site Plan Review for the construction of a new single family residence to replace an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on August 16, 1994, September 20, 1994, and October 18, 1994, and at a field trip visit on September 13, 1994. 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 a front yard setback for every residential parcel to be fifty (50) feet. The applicant is requesting to encroach up to a maximum 28 feet into the 50 foot front yard setback to replace an existing retaining wall with a new 95-foot long retaining wall that will not exceed 5 feet in height. With respect to this request for a Variance, the Planning Commission finds as follows: ' RESOLUTION NO. 94-23 PAGE 2 • • 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 zonebecause the lot is of an irregular shape and the existing building pad is located close to the street. The existing retaining wall will be reconstructed 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 there will not be any 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 other property in the same vicinity. 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. 516 to permit the construction of a 95-foot long retaining wall that will not exceed 5 feet in height that will encroach a maximum of twenty-eight (28) 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 10 of this Resolution. Section 6. The applicant is requesting to construct a residence that will encroach a maximum of twenty (20) feet into the fifty (50) foot front 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 of an irregular shape and the existing building pad is located close to the street. The sloping rear portion of the lot precludes construction of the residence on the rear portion of the lot. 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 there will not be any 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 other property in the same vicinity. • RESOLUTION NO. 94-23 PAGE 3 • • 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 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 516 to permit portions of the proposed residence to encroach a maximum of twenty (20) 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 10 of this Resolution. Section 8. 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 Variances approved in Sections 5 and 7 of this Resolution. The lot has a net square foot area of 85,377 square feet. The proposed residence (2,917 sq.ft.), garage (633 sq.ft.), existing stable (300 sq.ft.), and pool house (100 sq.ft.) will have 4,450 square feet which constitutes 5.2% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 10,243 square feet which equals 11.99% 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. 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 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. RESOLUTION NO. 94-23 PAGE 4 • • 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 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 torch -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 the same driveway to Outrider Road for access. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 9. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 516 for a proposed residential development as indicated on the development plan incorporated herein as Exhibit A and subject to the conditions contained in Section 10. Section 10. The Variances to the front yard setback approved in Sections 5 and 7, and the Site Plan Review approved in Section 9 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 and 17.48.0080. 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. RESOLUTION NO. 94-23 PAGE 5 • 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. All retaining walls incorporated into the project shall not be greater than 5 feet in height at any one point. F. 'Residential building pad coverage shall not exceed 44.4%. F. 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. 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 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. I. Notwithstanding Section 17.46.070 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 Site Plan Review approval by the Planning Commission. J. 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. K. 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. • RESOLUTION NO. 94-23 PAGE 6 • PASSED, APPROVED and ADOPTED this 5th day of November, 1 ALLAN ROBERTS, CHAIRMAN ATTEST: MARI YL N K� R.1�7, D UTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) SS I certify that the foregoing Resolution No. 94-23 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A RETAINING WALL INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A PORTION OF A PROPOSED RESIDENCE INTO THE FRONT YARD SETBACK, AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW SINGLE FAMI,LY RESIDENCE IN ZONING CASE NO. 516. was approved and adopted at an adjourned 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. . . k DEPUTY CLERK