431, Grade slope for access road to, Resolutions & Approval Conditions• •
RESOLUTION NO. 90-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE
TO THE SIDE YARD SETBACK AND SITE PLAN REVIEW
APPROVAL IN ZONING CASE NO. 431
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 Mr. F.C.
Rodriguez with respect to real property located at 28 Caballeros
Road, Rolling Hills (Lot 12-SK) requesting a variance to the side
yard setback requirement to construct a retaining wall and Site Plan
Review approval to construct a detached stable and deck.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application on June 19, 1990 and July
17, 1990; and conducted a field Site Plan Review on June 30, 1990.
Section 3. 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 other similar properties in the same zone prevent
the owner from making use of the property to the same extent enjoyed
by similar properties. Section 17.16.070 (B) requires a side yard
setback in the RAS - 1 Zone to be 20 feet. The applicant is
requesting that a retaining wall be constructed to encroach 17 feet
into the side yard setback. Pursuant to these Sections, the Planning
Commission finds that:
A. There are exceptional or extraordinary circumstances or
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 vicinity and zone because there exists
topographical constraints that justify the proposed
retaining wall within the side yard setback, and due to the
current development pattern of the southerly easement, use
of the existing vehicular access is available.
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 because other adjacent
properties have walls and other structures within yard
setbacks which are necessary for retention of soil and for
creating access to rear yards.
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 because the proposed retaining wall
provides structural support of the soil on the site and
permits vehicular access to a proposed stable structure that
is compatible with the community's development pattern.
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Section 4. Based upon the foregoing findings, the
Commission hereby approves the Variance for Zoning Case No. 431 to
permit the construction of a retaining wall having a maximum height
above grade of five feet (5') and encroaching 17 feet within the 20
foot side yard setback, as indicated in the Development Plan
submitted with this application and incorporated herein by reference
as Exhibit A, and subject to the conditions outlined in Section 7 of
this Resolution.
Section 5. 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 (25%) percent in any thirty-six (36) month
period.
Section 6. The Commission makes 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 lot coverage
requirements. The lot has a net square foot area of 60,273
square feet. The residential structure, garage, swimming
pool, and stable will have 7,340 square feet which
constitutes 12.2% of the lot, which is within the maximum
20% structural lot coverage requirement. The total lot
coverage including the deck, paved areas and driveway will
be 12,070 square feet which equals 20.1% of the lot, which
is within the 35%, maximum overall lot coverage requirement.
The proposed project is similar and compatible with
neighboring development patterns.
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 minimal grading for the project is required, thereby
preserving most of the existing slope and mature vegetation.
C. The development plan follows natural contours of the
site to minimize grading and the existing drainage courses
will continue to the canyon at the rear of the site.
D. The development plan preserves surrounding native
vegetation and supplements it with landscaping that is
compatible with and enhances the rural character of the
community.
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E. The development plan substantially preserves the natural
and undeveloped state of the lot by minimizing structure
coverage because the; proposed stable and deck will not cause
the structural and total lot coverages to be exceeded.
F. The proposed development is harmonious in scale and mass
with the site, the natural terrain and surrounding
residences because the proposed project is of consistent
scale with the neighborhood, thereby requiring minimal
grading and not impairing views from surrounding residences.
G. The proposed development is sensitive and not
detrimental to convenience and safety of circulation for
pedestrians and vehicles because the proposed project will
utilize an existing vehicular access within the southerly
easement, thereby having no further impact on the roadway.
H. The project conforms with the requirements of the
California Environmental Quality Act and is categorically
exempt from environmental review.
Section 7. Based upon the foregoing findings, the Planning
Commission herby approves the site plan review application for a
proposed stable and deck project to the property located at 28
Caballeros Road as indicated on the development plan attached hereto
as "Exhibit A" and subject to the following conditions:
A. The variance approval shall expire if not used in one
year from the effective date of approval as defined and
specified in Section 17.32.110 of the Municipal Code.
B. The proposed building plan must be approved by the
Rolling Hills Community Association Architectural Committee
before the applicant receives a grading permit from the
County of Los Angeles.
C. Prior to the submittal of a final grading plan to the
County of Los Angeles, the grading plan shall be submitted
to the Rolling Hills Planning Department staff for their
review, along with related geology, soils and hydrology
reports. This grading plan must conform to the development
plan as approved by the Planning Commission. Cut and fill
slopes must conform to the City standard of 2 to 1 slope
ratio.
D. A landscape plan must be submitted to the City of
Rolling Hills Planning Department staff for approval. The
landscaping plan submitted must comply with the purpose and
intent of the Site Plan Review Ordinance. The landscaping
plan shall incorporate existing mature trees and native
vegetation.
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A bond in the amount to of the cost estimate of the
landscaping plus 15% may be required to be posted and
retained with the City of not less than two years after
landscape installation. The retained bond will be released
by the City after the City Manager (or the Landscape
Committee of the Rolling Hills Community Association, if
appointed to act for this purpose in the place of the City
Manager) determines that the landscaping was installed
pursuant the landscaping plan as approved, and that such
landscaping is property established and in good condition.
E. The working drawings submitted to the County Department
of Building and Safety for plan check must conform to the
development plan approved with this site plan review.
F. The property owner (applicant) shall submit to the City
documentation regarding indemnification to the property
owner at 26 Caballeros Road should any concrete pavement on
the latter property be damaged during the construction
period for the project under application.
G. Any modifications to the development plans approved by
the Planning Commission shall require the filing of an
application for modification of the development plan and
must be reviewed and approved by the Planning Commission
pursuant to Section 17.43.070 of the Rolling Hills Municipal
Code.
H. The applicant shall execute an affidavit of acceptance
of all conditions pursuant to Section 17.32.087 or this
variance and site plan review approval shall not be
effective.
PASSED, APPROVED AND ADOPTED this 4th day of August
1990.
ATTEST:
Aa/141,
City Cl
J14
Allan Roberts, Chairman
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I hereby certify that the above Resolution No. 90-17
at a regular meeting of the City Council of the City
Hills on the 4th day of August, 1990 by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
was adopted
of Rolling
vote:
Commissioners Frost and Hankins; Chairm
None
Commissioner Raine
Commissioner Lay
DEPUTY CI
an Roberts