526, Constructl a hard surface in a, Resolutions & Approval Conditions• •
RESOLUTION NO. 95-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS DENYING A VARIANCE TO PERMIT THE
ENCROACHMENT OF A BEDROOM ADDITION INTO THE SIDE
YARD SETBACK AND GRANTING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A HARD -SURFACED AREA TO BE
USED FOR RECREATIONAL PURPOSES AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 526.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mrs. Frances A. Johnson with
respect to real property located at 4 Buckboard Lane, Rolling Hills (Lot 34-A-GF)
requesting a Variance to permit encroachment into the side yard setback to construct
a bedroom addition and requesting a Conditional Use Permit for the construction of
a hard -surfaced area to be used for recreational purposes at an existing single family
residence. During the hearing process, the hard -surfaced area to be used for
recreational purposes was reduced in size from 5,361 square feet to 3,096 square feet.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on June 20, 1995 and July 18, 1995, and at a field
trip visit on July 8, 1995.
Section 3. On May 24, 1995, Planning staff prepared an initial study for the
project. The initial study found that the project would not have a significant effect
on the environment. The Negative Declaration was prepared and was circulated to
the applicant and other interested parties in accordance with State of California
CEQA Guidelines. The public notice of the Planning Commission's intent to
recommend approval of the Negative Declaration was published on May 27, 1995.
Copies of the Negative Declaration were sent to adjacent cities and other
government agencies. No comments on the Negative Declaration were received.
The Planning Commission finds that the project will not have a significant effect on
the environment and adopted a Negative Declaration in accordance with 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 17.16.120(B) requires a side yard setback for every residential parcel in the
RA-S-2 zone to be thirty-five (35) feet. The applicant is requesting to construct a 387
square foot bedroom addition which will encroach a maximum of fifteen (15) feet
RESOLUTION NO. 95-11
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into the thirty-five (35) foot west side yard setback. With respect to this request for a
Variance, the Planning Commission finds as follows:
A. There are no exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the
other property in the same vicinity and zone. The variance is not necessary because
the building pad coverage for this project on the upper residential pad would be
72.7% which the Commission finds excessive and exceeds the building pad coverage
of most properties in the vicinity so that the proposed expansion is not appropriate
for the property.
B. The Variance is not 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 both the garage and pool
encroach into the front yard setback, a portion of the residence encroaches into the
east side yard setback and additional encroachments would exacerbate the amount of
residential structure within setback areas.
C. The granting of the Variance will 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 project does not
minimize structural coverage on the pad, leaves little open space between property
lines, would further restrict vehicular and pedestrian traffic, would result in further
overdevelopment of the building pad and far exceeds the recommended coverage of
30%. This would make the proposed bedroom addition more visually prominent
on the building pad than appropriate for the existing development pattern of the
City.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby denies the request for a Variance approval for the construction of a 387
square foot bedroom addition into the west side yard setback in Zoning Case No. 526.
Section 6. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code
allows for the construction of a hard -surfaced area to be used for recreational
purposes provided a Conditional Use Permit for such use is approved by the Rolling
Hills Planning Commission.
Section 7. With respect to the request for a Conditional Use Permit for a
3,096 square foot hard -surfaced area to be used for recreational purposes, the
Planning Commission makes the following findings:
A. The granting of a Conditional Use Permit for a hard -surfaced area to be
used for recreational purposes would be consistent with the purposes and objectives
of the Zoning Ordinance and General Plan and will be desirable for the public
convenience and welfare because the use is consistent with similar recreational uses
RESOLUTION NO. 95-11
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in the community and the court will be located in an area of the property where
such use will be the least intrusive to surrounding properties.
B. The granting of the Conditional Use Permit would be consistent with
the purposes and objectives of the Zoning Ordinance and General Plan because the
hard -surfaced area to be used for recreational purposes will comply with the low
profile residential development pattern of the community and is located on a 2.1
acre parcel of property that is adequate in size, shape and topography to
accommodate such use.
C. The granting of a Conditional Use Permit would be consistent with the
purposes and objectives of the Zoning Ordinance and General Plan because the
hard -surfaced area to be used for recreational purposes will not impact the view or
the privacy of neighbors. The hard -surfaced area will not require grading, will
replace a sand -covered play area and will be screened by landscaping.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the request for a Conditional Use Permit in Zoning Case No. 526
for a proposed 3,096 square foot hard -surfaced area to be used for recreational
purposes, as shown on the Development Plan dated August 1, 1995, and marked
REVISED Exhibit A, subject to the conditions specified in Section 9.
Section 9. The Conditional Use Permit for the construction of a 3,096
square foot hard -surfaced area to be used for recreational purposes approved in
Section 8 as indicated on the Development Plan attached hereto and incorporated
herein as REVISED Exhibit A dated August 1, 1995, is subject to the following
conditions:
A. The Conditional Use Permit approval shall expire within one year
from the effective date of approval as defined in Section 17.42.070(A).
B. It is declared and made a condition of the Conditional Use Permit
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 REVISED Exhibit A dated August 1, 1995, except as
otherwise provided in these conditions.
RESOLUTION NO. 95-11
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E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and corral
with vehicular access thereto.
F. Structural lot coverage shall not exceed 9,663 square feet or 14.2% and
total lot coverage of structures and paved areas shall not exceed 19,849 square feet or
29.2%.
G. Grading shall not be required for the construction of the hard -surfaced
area to be used for recreational purposes.
H. Any preparations of soil for the hard -surfaced area to be used for
recreational purposes shall preserve the existing topography, flora, and natural
features to the greatest extent possible.
I. A drainage system approved by the City Engineer shall be incorporated
into the overall plan of the hard -surfaced area to be used for recreational purposes
and the surrounding landscaped areas.
J. Landscape screening shall continue to be maintained so as not to
obstruct views of neighboring properties but, to obscure the hard -surfaced area to be
used for recreational purposes.
K. Lighting for the hard -surfaced area to be used for recreational purposes
shall not be permitted.
L. All retaining walls incorporated into the court shall not be greater than
four feet in height at any point. Exposed exterior retaining walls shall not be
permitted.
M. Any screening fences for the hard -surfaced area to be used for
recreational purposes shall be landscaped and not exceed 8 feet in height.
N. No structures (i.e., skateboard ramps, slides, etc.) shall be incorporated
in the hard -surfaced area to be used for recreational purposes.
O. Noise from the hard -surfaced area use shall not create a nuisance to
owners of surrounding properties.
P. Review and approval of a site drainage plan by the City Engineer shall
be obtained for the hard -surfaced area to be used for recreational purposes.
Q. 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.
RESOLUTION NO. 95-11
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R. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to approval of the
drainage plan.
S. The working drawings submitted to the County Department of
Building and Safety for site drainage plan review must conform to the development
plan described at the beginning of this section (Section 9).
T. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Conditional Use Permit pursuant to Section 17.42.060, or the approval shall
not be effective.
U. All conditions of this Conditional Use Permit 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 5TH OF UGUST, 1995.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 95-11
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 95-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS DENYING A VARIANCE TO PERMIT THE
ENCROACHMENT OF A BEDROOM ADDITION INTO THE SIDE
YARD SETBACK AND GRANTING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A HARD -SURFACED AREA TO BE
USED FOR RECREATIONAL PURPOSES AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 526.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on August 5, 1995 by the following roll call vote:
AYES: Commissioners Frost, Hankins, Raine and Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Witte.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 95-11
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