549, To build a retaining wall appr, Staff Reports• •
City a/ RJf4 Jh/h
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX (310) 377-7288
E-mail: cityofrh@aol.com
Agenda Item No.: 5.C.
Mtg. Date: 2/24/97
DATE: FEBRUARY 24, 1997
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTENTION: CRAIG R. NEALIS, CITY MANAGER
FROM: LOLA M. UNGAR, PRINCIPAL PLANNER
SUBJECT: 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.
Mr. and Mrs. Albert E. M. Tsai, 8 Bowie Road (Lot 5-CRA)
BACKGROUND
1. The Planning Commission approved the attached Resolution of Approval on
February 11, 1997 at an adjourned regular meeting.
2. The Building Inspector stopped work at the site when it was brought to the
attention of the City that a retaining wall was being constructed without
permits at the site. The applicants are requesting a Variance to construct a
retaining wall that will be up to 5 feet in height and 152 feet long at the
western portion of their lot to preserve a hillside slope. The retaining wall
will encroach 50 feet into the 50 foot front yard setback. The retaining wall
will encroach from 20 feet up to 28 feet into the 35 foot side yard setback. The
applicants propose to connect the retaining wall to an existing retaining wall
at 10 Bowie Road at the northwest.
3. Mr. Ron Bishop, 12 Bowie Road, expressed concern about the appearance of
the proposed retaining wall, however, these concerns were addressed at the
field trip.
Panted on Recycled Paper
4. There will not be any grading done for the project.
5. County building permits show that the original residence was built in 1967.
The swimming pool was constructed in 1968. Other County building permits
are for a retaining wall built in 1967 and a barn built in 1976. There are also
an existing green house and an existing tennis court for which there are n o
permits. The Community Association records show that the tennis court was
approved on August 1, 1966 and the greenhouse was approved on August 1,
1975 along with some interior remodeling.
Rolling Hills Municipal Code Ordinance No. 150 requiring a Conditional Use
Permit for a tennis court but, no specific conditions was adopted on April 25,
1977 and Ordinance No. 215 requiring fourteen (14) specific conditions for a
tennis court was adopted on June 6, 1987.
County building permits for a shear pin design at the pool and new
underpinnings for the tennis court expired in 1985.
In 1984, after determination that it was a geological, necessity, a County
building permit was issued to construct a retaining wall at the adjacent
property at 10 Bowie Road following drainage and grading studies by Breiholz
Engineering,.
6. Structural lot coverage and total lot coverage will remain the same.
Structural lot coverage is 14,218 square feet and 14.7% of the net lot area (20%
maximum permitted). Total lot coverage is 16,958 square feet and 17.6% of the
net lot area (35% maximum permitted).
7. The disturbed area of the lot is 16,958 square feet or 17.6% of the net lot area
(40% maximum) and will not change.
8. The existing driveway access at the northeastern portion of the lot in the
easement from Bowie Road will not be disturbed.
9. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file Resolution No. 97-6.
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
Structures
(Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more
than 25% in a 36-month period).
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Grading
Disturbed Area
(40% maximum; any graded building
pad area, any remedial grading
temporary disturbance), any graded
slopes and building pad areas, any
nongraded area where impervious
surfaces exist.)
Residential Building Pad Coverage
(Guideline maximum of 30%)
Roadway Access
Access to Stable and Corral
[Accessibility and maximum 4:1
(25%) slope required ONLY for new
residence or additions that require
Site Plan Review].
Preserve Views
Preserve Plants and Animals
EXISTING
No encroachments
Residence
Garage
Swim Pool
Stable
Tennis Court
Green House
TOTAL
14.7%
17.6%
N/A
17.6%
No change
PROPOSED
Requesting Variance to encroach
50feet into front yard setback for
retaining wall
Requesting Variance to encroach 28
feet into the side yard setback for
retaining wall.
4,742 sq.ft. Residence 4,742 sq.ft.
972 sq.ft. Garage 972 sq.ft.
560 sq.ft. Swim Pool 560 sq.ft.
600 sq.ft. Stable 600 sq.ft.
7,200 sq.ft. 3Feenis Court 7,200 sq.ft
144 sq.ft. green House 144 sq.ft.
14,218 sq.ft. TOTAL 14,218 sq.ft.
Existing at northeast of property
off Bowie Road
Existing stable access
N/A
N/A
14.7%
17.6%
None
17.6%
No change
Existing at northeast of property off
Bowie Road
Existing stable access
Planning Commission will review
Planning Commission will review
• •
VARIANCE REQUIRED FINDINGS
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not
apply generally to other properties in the same vicinity and zone; and
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by
other properties in the same vicinity and zone but which is denied the property in question; and
C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to
properties or improvements in the vicinity; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management
Plan relating to siting and siting criteria for hazardous waste facilities; and
G. That the variance request is consistent with the General Plan of the City of Rolling Hills.
• •
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:
• •
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
C:J
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
C-1
•
•
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.
/Q
ALLAN ROBE TS, CHAIRMAN
RESOLUTION NO. 97-6
PAGE 4
• i
ATTEST:
MARILYN KERN, DEPUTY 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:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 97-6
PAGE 5
&a:0 F
Cu•
y oMo Pen9 JUL
HEARING DATE: FEBRUARY 11, 1997
TO:
FROM:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
LOLA M. UNGAR, PRINCIPAL PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
PUBLISHED:
REOUEST
ZONING CASE NO. 549
8 BOWIE ROAD (LOT 5-CRA)
RAS-2, 2.230 ACRES
MR. AND MRS. ALBERT E. M. TSAI
JANUARY 11, 1997
Request for a Variance to encroach into the . front yard setback to construct a
retaining wall and request for a Variance to encroach into the side yard setback to
construct the same retaining wall at a single family residence.
BACKGROUND
1. The Planning Commission will have viewed the site on February 8, 1997..
2. At the January 21, 1997 meeting, Commissioners requested historical
information about the tennis court and greenhouse located on the subject
property and the retaining wall at 10 Bowie Road. Mr. Ron Bishop, 12 Bowie
Road, expressed concern about the appearance of the proposed retaining wall.
The Community Association records show that the tennis court was
approved on August 1, 1966 and the greenhouse was approved on August 1,
1975 along with some interior remodeling.
Rolling Hills Municipal Code Ordinance No. 150 requiring a Conditional Use
Permit for a tennis court but, no specific conditions • was adopted on April 25,
1977 and Ordinance No. 215 requiring fourteen (14) specific conditions for a
tennis court was adopted on June 6, 1987.
In 1984, after determination that it was a geological necessity, a retaining wall
was constructed at 10 Bowie Road following drainage and grading studies by
Breiholz Engineering,.
3. The applicants are requesting a Variance to construct a retaining wall that will
be up to 5 feet in height and 152 feet long at the western portion of their lot to
ZONING CASE NO. 549
PAGE 1
Printed on Recycled Paper.
• •
preserve a hillside slope. The retaining wall will encroach 50 feet into the 50
foot front yard setback. The retaining wall will encroach from 20 feet up to 28
feet into the 35 foot side yard setback. The applicants propose to connect the
retaining wall to an existing retaining wall at 10 Bowie Road at the northwest.
The Building Inspector stopped work at the site when it was brought to the
attention of the City that a retaining wall was being constructed without
permits at the site.
4. There will not be any grading done for the project.
5. Building permits show that the original residence was built in 1967. The
swimming pool was constructed in 1968. Other building permits are for a
retaining wall built in 1967 and a barn built in 1976. There are also an existing
green house and an existing tennis court for which there are no permits. Staff
will review these with the Community Association. Permits for a shear pin
design at the pool and new underpinnings for the tennis court expired i n
1985.
6. Structural lot coverage and total lot coverage will remain the same.
Structural lot coverage is 14,218 square feet and 14.7% of the net lot area (20%
maximum permitted). Total lot coverage is 16,958 square feet and 17.6% of the
net lot area (35% maximum permitted).
7. The disturbed area of the lot is 16,958 square feet or 17.6% of the net lot area
(40% maximum) and will not change.
8. The existing driveway access at the northeastern portion of the lot in the
easement from Bowie Road will not be disturbed.
9. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the proposed plans and
take public testimony.
ZONING CASE NO. 549
PAGE 2
•
CRITERIA
& MAJOR IMPACT$
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
Structures
(Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more
than 25% in a 36-month period).
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Grading
Disturbed Area
(40% maximum; any graded building
ad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, any
nongraded area where impervious
surfaces exist.)
Residential Building Pad Coverage
(Guideline maximum of 30%)
Roadway Access
Access to Stable and Corral
[Accessibility and maximum 4:1
(25%) slope required ONLY for new
residence or additions that require
Site Plan Review].
Preserve Views
Preserve Plants and Animals
No encroachments
Residence
Garage
Swim Pool
Stable
Tennis Court
Green House
TOTAL
14.7%
17.6%
N/A
17.6%
4,742 sq.ft.
972 sq.ft.
560 sq.ft.
600 sq.ft.
7,200 sq.ft.
144 sq.ft.
14,218 sq.ft.
Unknown - No change
Existing at northeast of property
off Bowie Road
Existing stable access
N/A
N/A
PROPOSED
Requesting Variance to encroach
50feet into front yard setback for
retaining wall
Requesting Variance to encroach 28
feet into the side yard setback for
retaining wall.
Residence 4,742 sq.ft.
Garage 972 sq.ft.
Swim Pool 560 sq.ft.
Stable 600 sq.ft.
�Feemnis Court 7,200 sq.ft
G n House 144 sq.ft.
TOTAL 14,218 sq.ft.
14.7%
17.6%
None
17.6%
Unknown - No change
Existing at northeast of property off
Bowie Road
Existing stable access
Planning Commission will review
Planning Commission will review
ZONING CASE NO. 549
PAGE3
VARIANCE REQ
D FINDINGS
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not
apply generally to other properties in the same vicinity and zone; and
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by
other properties in the same vicinity and zone but which is denied the property in question; and
C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to
properties or improvements in the vicinity; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management
Plan relating to siting and siting criteria for hazardous waste facilities; and
G. That the variance request is consistent with the General Plan of the City of Rolling Hills.
ZONING CASE NO. 549
PAGE 4
City ol Roiling
HEARING DATE: FEBRUARY 8,1997
TO:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: LOLA M. UNGAR, PRINCIPAL PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
PUBLISHED:
REOUEST
ZONING CASE NO. 549
8 BOWIE ROAD (LOT 5-CRA)
RAS-2, 2.230 ACRES
MR. AND MRS. ALBERT E. M. TSAI
JANUARY 11, 1997
Request for a Variance to encroach into the front yard setback to construct a
retaining wall and request for a Variance to encroach into the side yard setback to
construct the same retaining wall at a single family residence.
BACKGROUND
1. At the January 21, 1997 meeting, Commissioners requested historical
information about the tennis court and greenhouse located on the subject
property and the retaining wall at 10 Bowie Road. Mr. Ron Bishop, 12 Bowie
Road, expressed concern about the appearance of the proposed retaining wall.
The Community Association records show that the tennis court was
approved on August 1, 1966 and the greenhouse was approved on August 1,
1975 along with some interior remodeling.
Rolling Hills Municipal Code Ordinance No. 150 requiring a Conditional Use
Permit for a tennis court but, no specific conditions was adopted on April 25,
1977 and Ordinance No. 215 requiring fourteen (14) specific conditions for a
tennis court was adopted on June 6, 1987.
In 1984, after determination that it was a geological necessity, a retaining wall
was constructed at 10 Bowie Road following drainage and grading studies by
Breiholz Engineering,.
2. The applicants are requesting a Variance to construct a retaining wall that will
be up to 5 feet in height and 152 feet long at the western portion of their lot to
preserve a hillside slope. The retaining wall will encroach 50 feet into the 50
foot front yard setback. The retaining wall will encroach from 20 feet up to 28
ZONING CASE NO. 549
PAGE 1
Printed on Recycled Paper.
• •
feet into the 35 foot side yard setback. The applicants propose to connect the
retaining wall to an existing retaining wall at 10 Bowie Road at the northwest.
The Building Inspector stopped work at the site when it was brought to the
attention of the City that a retaining wall was being constructed without
permits at the site.
3. There will not be any grading done for the project.
4. Building permits show that the original residence was built in 1967. The
swimming pool was constructed in 1968. Other building permits are for a
retaining wall built in 1967 and a barn built in 1976. There are also an existing
green house and an existing tennis court for which there are no permits. Staff
will review these with the Community Association. Permits for a shear pin
design at the pool and new underpinnings for the tennis court expired in
1985.
5. Structural lot coverage and total lot coverage will remain the same.
Structural lot coverage is 14,218 square feet and 14.7% of the net lot area (20%
maximum permitted). Total lot coverage is 16,958 square feet and 17.6% of the
net lot area (35% maximum permitted).
6. The disturbed area of the lot is 16,958 square feet or 17.6% of the net lot area
(40% maximum) and will not change.
7. The existing driveway access at the northeastern portion of the lot in the
easement from Bowie Road will not be disturbed.
8. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the proposed plans and
take public testimony.
ZONING CASE NO. 549
PAGE 2
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
Structures
(Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more
than 25% in a 36-month period).
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Grading
Disturbed Area
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, any
nongraded area where impervious
surfaces exist.)
Residential Building Pad Coverage
(Guideline maximum of 30%)
Roadway Access
Access to Stable and Corral
[Accessibility and maximum 4:1
(25%) slope required ONLY for new
residence or additions that require
Site Plan Review].
Preserve Views
Preserve Plants and Animals
ZONING CASE NO. 549
PAGE 3
EXISTING
No encroachments
Residence
Garage
Swim Pool
Stable
Tennis Court
Green House
TOTAL
14.7%
17.6%
N/A
17.6%
PROPOSED
Requesting Variance to encroach
50feet into front yard setback for
retaining wall
Requesting Variance to encroach 28
feet into the side yard setback for
retaining wall.
4,742 sq.ft. Residence 4,742 sq.ft.
972 sq.ft. Garage 972 sq.ft.
560 sq.ft. Swim Pool 560 sq.ft.
600 sq.ft. Stable 600 sq.ft.
7,200 sq.ft. feeumis Court 7,200 sq.ft
144 sq.ft. —Gren House 144 sq.ft.
14,218 sq.ft. TOTAL 14,218 sq.ft.
14.7%
17.6%
None
Unknown - No change
Existing at northeast of property
off Bowie Road
Existing stable access
N/A
N/A
17.6%
Unknown - No change
Existing at northeast of property off
Bowie Road
Existing stable access
Planning Commission will review
Planning Commission will review
VARIANCE REQUIRED FINDINGS
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not
apply generally to other properties in the same vicinity and zone; and
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by
other properties in the same vicinity and zone but which is denied the property in question; and
C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to
properties or improvements in the vicinity; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management
Plan relating to siting and siting criteria for hazardous waste facilities; and
G. That the variance request is consistent with the General Plan of the City of Rolling Hills.
ZONING CASE NO. 549
PAGE 4
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City ol leolling
HEARING DATE: JANUARY 21, 1997
TO:
FROM:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
HONORABLE MEMBERS OF THE PLANNING COMMISSION
LOLA M. UNGAR, PRINCIPAL PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
PUBLISHED:
REOUEST
ZONING CASE NO. 549
8 BOWIE ROAD (LOT 5-CRA)
RAS-2, 2.230 ACRES
MR. AND MRS. ALBERT E. M. TSAI
JANUARY 11, 1997
Request for a Variance to encroach into the front yard setback to construct a
retaining wall and request for a Variance to encroach into the side yard setback to
construct the same retaining wall at a single family residence.
BACKGROUND
1. The applicants are requesting a Variance to construct a retaining wall that will
be up to 5 feet in height and 152 feet long at the western portion of their lot to
preserve a hillside slope. The retaining wall will encroach 50 feet into the 50
foot front yard setback. The retaining wall will encroach from 20 feet up to 28
feet into the 35 foot side yard setback. The applicants propose to connect the
retaining wall to an existing retaining wall at 10 Bowie Road at the northwest.
The Building Inspector stopped work at the site when it was brought to the
attention of the City that a retaining wall was being constructed without
permits at the site.
2. There will not be any grading done for the project.
3. Building permits show that the original residence was built in 1967. The
swimming pool was constructed in 1968. Other building permits are for a
retaining wall built in 1967 and a barn built in 1976. There are also an existing
green house and an existing tennis court for which there are no permits. Staff
will review these with the Community Association. Permits for a shear pin
design at the pool and new underpinnings for the tennis court expired in
1985.
ZONING CASE NO. 549
PAGE 1
Printed on Recycled Paper.
4. Structural lot coverage and total lot coverage will remain the same.
Structural lot coverage is 14,218 square feet and 14.7% of the net lot area (20%
maximum permitted). Total lot coverage is 16,958 square feet and 17.6% of the
net lot area (35% maximum permitted).
5. The disturbed area of the lot is 16,958 square feet or 17.6% of the net lot area
(40% maximum) and will not change.
6. The existing driveway access at the northeastern portion of the lot in the
easement from Bowie Road will not be disturbed.
7. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the proposed plans and
take public testimony.
CRITERIA
& MAJOR IMPACTS
RA -S-1 Zone Setbacks:
Front: 50 ft. from front easement line
Side: 35 ft. from property line
Rear: 50 ft. from property line
Structures
(Site Plan Review required if size of
structure increases by at least 1,000
sq.ft. and has the effect of increasing
the size of the structure by more
than 25% in a 36-month period).
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Grading
EXISTING
No encroachments
Residence
Garage
Swim Pool
Stable
Tennis Court
Green House
TOTAL
14.7%
17.6%
N/A
4,742 sq.ft.
972 sq.ft.
560 sq.ft.
600 sq.ft.
7,200 sq.ft.
144 sq.ft.
14,218 sq.ft.
PROPOSED
Requesting Variance to encroach
50feet into front yard setback for
retaining wall
Requesting Variance to encroach 28
feet into the side yard setback for
retaining wall.
Residence 4,742 sq.ft.
Garage 972 sq.ft.
Swim Pool 560 sq.ft.
Stable 600 sq.ft.
Tennis Court 7,200 sq.ft
Green House 144 sq.ft.
TOTAL
14.7%
17.6%
None
14,218 sq.ft.
ZONING CASE NO. 549
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• •
Disturbed Area
(40% maximum; any graded building
pad area, any remedial grading
(temporary disturbance), any graded
slopes and building pad areas, any
nongraded area where impervious
surfaces exist.)
Residential Building Pad Coverage
(Guideline maximum of 30%)
Roadway Access
Access to Stable and Corral
[Accessibility and maximum 4:1
(25%) slope required ONLY for new
residence or additions that require
Site Plan Review].
Preserve Views
17.6% 17.6%
Unknown - No change Unknown - No change
Existing at northeast of property Existing at northeast of property off
off Bowie Road Bowie Road
Existing stable access Existing stable access
N/A
Preserve Plants and Animals N/A
Planning Commission will review
Planning Commission will review
VARIANCE REQUIRED'FINDINGS
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not
apply generally to other properties in the same vicinity and zone; and
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by
other properties in the same vicinity and zone but which is denied the property in question; and
C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to
properties or improvements in the vicinity; and
D. That in granting the variance, the spirit and intent of this title will be observed; and
E. That the variance does not grant special privilege;
F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management
Plan relating to siting and siting criteria for hazardous waste facilities; and
G. That the variance request is consistent with the General Plan of the City of Rolling Hills.
ZONING CASE NO. 549
PAGE 3