575, To build a retaining wall that, Resolutions & Approval Conditions•
RESOLUTION NO. 98-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK FOR MODIFICATIONS OF A
PREVIOUSLY ILLEGALLY CONSTRUCTED DRIVEWAY RETAINING
WALL IN ZONING CASE NO. 575.
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 Joey Chung with respect
to real property located at 9 Bowie Road (Lot 14-CRA), Rolling Hills, requesting a
Variance modification to an existing illegally constructed driveway retaining wall
that encroaches into the front yard setback at an existing single family residence.
During the hearing process, the applicants proposed remedial measures to modify
and reinforce the existing retaining walls to meet City and County building and
safety requirements.
Section 2. On October 29, 1997, when it came to the attention of the City
that a wooden retaining wall for a driveway was constructed without the benefit of a
building permit, Mr. Rafael Bernal, District Engineering Associate and Planning staff
visited the site and requested that the owners, Mr. and Mrs. Chung, stop all work.
Mrs. Chung said that the retaining wall was backfilled with gravel. Mr. Bernal
informed staff that the retaining wall may not meet minimum engineering
standards. At that time, the applicants also discussed the possible request for the
importation of soil to the property to raise the height of the existing flood channel
but later abandoned that concept.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the application on March 17, 1998, April 21, 1998, May 19, 1998,
June 16, 1998, July 21, 1998, August 18, 1998, and at a field trip visit on May 4, 1998.
The applicant was notified of the public hearing in writing by first class mail and
through the City's newsletter. Evidence was heard from members of the City staff,
the applicants, and the Planning Commission having reviewed, analyzed and
studied the project. Concerns expressed by Commissioners and the applicants
focused on the unauthorized construction of the retaining wall, the retaining wall
height and the safety of the retaining wall.
Section 4. The Planning Commission finds that the project qualifies as a Class
Class 5 Exemption [State CEQA Guidelines, Section 15305 (Minor Alterations to
Land Use Limitations)] 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
RESOLUTION NO. 98-18
PAGE 1 OF 5
x• ,
• •
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 no less than fifty (50) feet from the front easement line. The
applicant is requesting a Variance to authorize the retention of an encroachment
into the front yard setback to allow a previously constructed thirty-five (35) foot
long, up to five (5) foot high illegal driveway retaining wall to remain and
proposing remedial measures to modify a total of 130 feet of retaining walls that
encroaches a maximum of ten (10) 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 propertyor 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 in shape
and the previously constructed illegal retaining walls are located on a hillside slope
at the rear of the lot and away from the street and assist in preventing an existing
driveway from potential collapse and in protecting the hillside from damage due to
erosion.
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 to
stabilize the driveway, protect the hillside from erosion, control drainage on the
property and to otherwise ensure that proper and adequate vehicular access onto the
site is maintained.
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 existing retaining wall will allow
drainage on the property to be controlled as it flows to the canyon to the north
inside the applicants' property. A substantial portion of the lot will remain
undeveloped. In addition, the retaining wall, as conditioned, will be screened with
vegetation so as not to be visible from surrounding properties.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 575 to authorize the retention of
an encroachment into the front yard setback to authorize a previously constructed
illegal retaining wall to remain and proposing remedial measures to modify a total
of 130 feet of retaining walls that encroach a maximum of ten (10) feet into the fifty
(50) foot front yard setback as indicated on the development plan submitted with
this application and incorporated herein by reference as Exhibit A, dated August 13,
1998 and subject to the conditions specified in Section 7 of this Resolution.
RESOLUTION NO. 98-18
PAGE 2 OF 5
• •
Section 7. The Variance to permit encroachments into the front yard
setback for modifications to a previously constructed illegal retaining wall that will
be modified to a maximum height of five (5) feet and encroach a maximum of ten
(10) feet into the fifty (50) foot front yard setback approved in Section 6 as indicated
on the Development Plan attached hereto and incorporated herein as Exhibit A
dated August 13, 1998, is subject to the following conditions:
A. The Variance approval 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 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 approved by Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A dated August 13, 1998, except as
otherwise provided in these conditions.
E. The modified retaining walls shall not exceed 130 feet in length.
F. The modified retaining walls shall not exceed 5 feet in height.
G. The top edge of the modified retaining walls shall be a continuous
smooth line and without jagged inclines or declines along the length of the wall.
H. The existing topography, flora and natural features of `the lot shall be
retained to the greatest extent feasible.
I. Additional landscape screening that incorporates drought -resistant
native plants shall be planted to obscure the northern or outer face of the retaining
walls.
J. Landscape screening that incorporates drought -resistant native plants
shall be planted at the northern face of the retaining walls and shall be maintained
so as not to obstruct views of neighboring properties but to obscure the retaining
walls.
K. A landscape plan for the northern face of the retaining walls 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
RESOLUTION NO. 98-18
PAGE 3 OF 5
• •
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 Manager or designee determines that the landscaping was
installed pursuant to the landscaping plan as approved, and that such landscaping is
properly established and in good condition.
L. A licensed civil. engineer shall submit calculations and stamped plans
to justify the remedial measures proposed to be reviewed and approved by the
Department of Building and Safety.
M. A licensed geotechnical engineer shall provide . the necessary data for
soils and geology for the proposed design parameters for the project to be reviewed
and approved by the Department of Building and Safety.
N. A plan that conforms to the development plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning Department
staff for their review prior to the submittal of an applicable site drainage plan to the
County of Los Angeles for plan check.
O. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to approval of the
drainage plan.
P. The working drawings submitted to the County Department of
Building and Safety for site drainage plan review and building permits must
conform to the development plan described at the beginning of this section (Section
7).
Q. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Variance approval pursuant to Section 17.38.060, or the approval shall not be
effective.
R. All conditions of this Variance approval must be complied with prior
to approval of the site drainage plan by the County of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 15T
OEPTEMBER, 1998.
ALLAN ROBERTS, CHAIRMAN
RESOLUTION NO. 98-18
PAGE 4 OF 5
• •
ATTEST:
rYt\ ji A - 1{
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 98-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK FOR MODIFICATIONS OF A
PREVIOUSLY ILLEGALLY CONSTRUCTED DRIVEWAY RETAINING
WALL IN ZONING CASE NO. 575.
was approved and adopted at a regular meeting of the Planning Commission on
September 15, 1998 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Witte
And Chairman Roberts.
NOES: None.
ABSENT: Commissioner Sommer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
.ram,,-.
MARILYN KE , DEPUTY CITY CLERK
RESOLUTION NO. 98-18
PAGE 5 OF 5