549, To build a retaining wall appr, Resolutions & Approval Conditions•
RECORDING REQUEST BY
47 899054
WHEN RECORDED MAIL TO RECORDED/FILED IN OFFICIAL RECORDS
NAME CITY OF ROLLING HILLS RECORDER'S OFFICE
LOS ANGELES COUNTY
MAILING 2 PORTUGUES BEND ROAD CALIFORNIA
ADDRESS
ROLLING HILLS,CA 90274 10:41 AM JUN 17 1997
CITY, STATE
ZIP CODE
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
I FEE $25 I I 117
AFFIDAVIT OF ACCEPTANCE FORM FOR ZONING CASE NO. 549 VARIANCE
AT ADDRESS 8 BOWIE ROAD (LOT 5-CRA), ROLLING HILLS D.A. FEE Code 20
W
]
JUL 2 4 1997
CITY OF 130024,40 HILLS
Nal6/94
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 (FAX)
Recorder's Use
Please record this form with the Registrar -Recorder's Office and return to:
City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be notarized before recordation).
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) g
CITY OF ROLLING HILLS )
ZONING CASE NO.549
SITE PLAN REVIEW 0
VARIANCE t
CONDITIONAL USE PERMIT 0
I (yrelthe undersigned state:
I am (W e) the owner(s) of the real property described as follows:
8 BOWIE ROAD (LOT 5-CRA). ROLLING HILLS
This property is the subject of the above numbered case.
I am ( are) aware of, and accept, all the stated conditions in said
/ ZONING CASE NO. 549
SITE PLAN REVIEW 0
VARIANCE ■_
CONDITIONAL USE PERMIT 0
I 'de) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Print
Owner v r / / Sa;
Name
Signature .v
Address ,p" ie0yri2. /1€
City/state_ 1h q i �iS 90-2 %'
Signatures must be acknowledged by a notary public.
Print
Owner
Name
Signature
Address
City/State
State of California )
County olfz Los Angeles )
On 0?' M/ ?? before me, H M 1t 1-'l ( 4J
personally appeared g / A TS A I
[ ] Personally known to me -OR- [ roved to me on the basis of satisfactory evidence to be the person (s')' whose
name j' re subscribed to the within instrume and acknowledged to me that he sh they executed the same in
thei-r'authorized capacityies1 and that by his her/ heit^'signatureK on the instrument the person(df, or the entity
upon behalf of which the person f acted, executed the instrument.
Witness by hand and official seal. ik.,..„5„4.„..,
a.
Signature of Notary
A AA A 1..A Jl A A A 4 .&
``MOHAMMED A. HUSAIN I'
COMM.#1025242
NOTARY PUBLIC . CALIFORNIA .
LOS ANGELES COUNTY U1
My Comm. Expires May 16, 1996 -0
It—Nr Y.,,�. Y,,.y Y v y. t. v y' y
See exhibit "A" attached hereto and made a part thereof
97 899054
RESOLUTION NO. 97-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE
CONSTRUCTION OF A RETAINING WALL AND GRANTING A
VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO
PERMIT THE CONSTRUCTION OF THE SAME RETAINING WALL
IN ZONING CASE NO. 549.
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. and Mrs. Albert E. M. Tsai
with respect to real property located at 8 Bowie Road (Lot 5-CRA)) requesting a
Variance to encroach into the front yard setback to construct a retaining wall and
requesting a Variance to encroach into the side yard setback to construct the same
retaining wall at a single family residence for erosion control.
Section 2. The Department of Building and Safety stopped work at the site
when it was brought to the attention of the City that a retaining wall was being
constructed without permits. The applicants propose to connect the proposed
retaining wall to an existing retaining wall at 10 Bowie Road at the northwest.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the applications on January 21, 1997 and February 11, 1997, and at
a field trip visit on February 8, 1997.
Section 4. The Planning Commission finds that the project qualifies as a
Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 5. 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 in the RA-
S Zone to be 50 feet from the front easement line. The applicant is requesting to
permit the construction of a retaining wall that will encroach into the front yard
setback to preserve the integrity of a downhill slope. The retaining wall will be up
to 5 feet in height and 152 feet long at the western portion of the lot. The retaining
wall will encroach a maximum of 50 feet into the 50 foot front yard setback. With
respect to this request for a Variance, the Planning Commission finds as follows:
97 899054
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
irregular and the building pads are located close to a hillside drainage. channel. The
sloping northwest portion of the lot is currently eroding into the drainage channel.
The retaining wall is necessary to protect the integrity of the existing building pad.
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 of the steep slope on the lot which necessitates a retaining wall to control
erosion and to support the slope bank for the tennis court area and green house
area.
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. The proposed retaining
wall, as conditioned, will be screened from view by landscaping. In addition, except
for the retaining wall, a substantial portion of that portion of the lot will remain
undeveloped.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 549 to permit the construction of
a retaining wall that will not exceed 5 feet in height to encroach a maximum of fifty
(50) feet into the front yard setback to preserve the integrity of a downhill slope, 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 9 of this Resolution.
Section 7. Section 17.16.120(B) requires a side yard setback for every
residential parcel in the RAE-S-2 Zone to be 35 feet. The applicant is requesting to
permit the construction of a retaining wall that will encroach into the side yard
setback to preserve the integrity of a downhill slope. The retaining wall will be up
to 5 feet in height and 152 feet long at the western portion of the lot. The retaining
wall will encroach a maximum of 28 feet into the 35 foot side 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
irregular and the building pads are located close to a hillside drainage channel. The
sloping northwest portion of the lot is currently eroding into the drainage channel.
The retaining wall is necessary to protect the integrity of the existing building pad.
RESOLUTION NO. 97-6
PAGE 2
97 899054
• •
3
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 of the steep slope on the lot which necessitates a retaining wall to control
erosion and to support the slope bank for the tennis court area and green house
area.
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. The proposed retaining
wall, as conditioned, will be screened from view by landscaping. In addition, except
for the retaining wall, a substantial portion of that portion of the lot will remain
undeveloped.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 549 to permit the construction of
a retaining wall that will not exceed 5 feet in height to encroach a maximum of
twenty-eight (28) feet into the side yard setback to preserve the integrity of a
downhill slope, 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 9 of this Resolution.
Section 9. The Variance to the front yard setback approved in Section 6 and
the Variance to the side yard setback approved in Section 8 of this Resolution are
subject to the following conditions:
A. The Variance approvals shall expire within one year from the
effective date of approval as defined in Section 17.38.070.
B. It is declared and made a condition of the Variance 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 dated January 6, 1997 and marked Exhibit A,
except as otherwise provided in these conditions.
E. The retaining wall shall not exceed 5 feet in height.
RESOLUTION NO. 97-6
PAGE 3
97 899054
• i
F. Landscaping shall be provided and maintained to obscure the
retaining wall from the views of adjacent properties. The landscaping shall be
planted within 1 month of the completion of the retaining wall.
G. Two sets of a preliminary 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 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 adjacent canyon 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.
H. No grading shall take place on the construction site.
I: 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.
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 shall not exceed a
steepness of a 2 to 1 slope ratio.
K. The applicant shall execute an Affidavit of Acceptance of all
conditions of these Variance approvals, or the approvals shall not be effective.
L. All conditions of these Variance approvals must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY, 1997.
RESOLUTION NO. 97-6
PAGE 4
/s/ ALLAN ROBERTS
ALLAN ROBERTS, CHAIRMAN
97 899054
• •
ATTEST:
�.krCAir�
MARILY KEDEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 97-6 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE
CONSTRUCTION OF A RETAINING WALL AND GRANTING A
VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO
PERMIT THE CONSTRUCTION OF THE SAME RETAINING WALL
IN ZONING CASE NO. 549.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on February 11, 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 CIL` T'Y CLERK
RESOLUTION NO. 97-6
PAGE 5
97 899054