185, Construction of a retaining wa, Resolutions & Approval ConditionsBEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
In the Matter of the Application
of
Dr. Benjamin Chau
Lot 35-GF
ZONING CASE NO. 185
FINDINGS AND REPORT
The application of Dr. Benjamin Chau, Lot 35-GF, for a con-
ditional use permit under ARTICLE III, Section 3.06, Front Yard
Requirements and Section 3.07, Side Yard Requirements, Ordinance
No. 33 for construction of a retaining wall came on for hearing on
the 15th day of March, 1977 in the Council Chambers of the Adminis-
tration Building, 2 Portuguese Bend Road, Rolling Hills, California,
and the applicant, having submitted evidence in support of the appli-
cation, the Planning Commission, being advised, now makes its Findings
and Report as required by the Ordinances of the City of Rolling Hills,
California.
I.
The Commission finds that the applicant, Dr. Benjamin Chau, is
the owner of that certain real property described as Lot 35-GF, located
at 5 Buckboard Lane in the City of Rolling Hills, and that notice of
the public hearing in connection with said application was given as
required by Sections 8.06 and 8.07 of Ordinance No. 33 of the City of
Rolling Hills, California. The Commission finds that no comments,
written or verbal, were received in favor of or in opposition to the
request, and that Mr. Janusz Brzezinski, 3 Buckboard Lane, had viewed
the plans and was present at the meeting.
II.
The Commission finds that the applicant requests a conditinal
use permit for construction of a retaining wall in the front yard and
side yard of his property, to be constructed 4 1/2 feet below grade,
so only 6 inches would project above natural grade and be visible from
the Brzezinski residence. The Commission finds that a storm drain is
shown on the map, and a retaining wall in the drainage easement shall
be located subject to approval of the County Engineer, and subject to
an agreement executed by the owner granting access for repair and main-
tenance of the drain, and for removal of the wall if required for re-
placement or repair of the drain, and that the retaining wall and pillars
shown "'on''the plans submitted be removed from the front yard easement..
The Commission finds that a conditional use permit should be granted
in order to preserve substantial property rights possessed by other
property in the same vicinity and zone, and that the granting of such
conditional use permit would not be materially detrimental to the public
welfare, nor injurious to property in the same vicinity and zone.
III.
From the foregoing it is concluded that a conditional use permit
should be issued to Dr. Benjamin Chau, Lot 35-GF, for construction of a
retaining wall extending across the storm drain easement only as a license
in a location approved by the County Engineer, and that in the event it,
is necessary to remove the retaining wall to service, clean out or re-
build the existing storm drain, the cost of tearing down and rebuilding
the wall shall be borne by the owner of the property; further, that the,
owner shall be required to execute a general release to the City of
Rolling Hills and the Rolling Hills Community Association releasing
them from any responsibility or liability resulting from the construction
of a wall which might cause any damage or blocking of the drain which
exists in the easement, and it is, therefore, so ordered.
/s/ Forrest Riegel
Chairman, Planning Commission
rcretart4Tanni Comm sion