568, Construct new SFR w/basement, , Resolutions & Approval Conditions• •
RESOLUTION NO. 99-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 98-1 AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A
RETAINING WALL, A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE SIDE YARD TO CONSTRUCT RETAINING
WALLS, AND A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 568.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Mr. William Powers with respect to real
property located at 18 Crest Road East (Lot 193-1-MS), Rolling Hills, requesting an
extension to a previously approved Variance to encroach into the front yard setback to
construct a retaining wall, a previously approved Variance to encroach into the side
yard to construct retaining walls, and a previously approved Site Plan Review for the
construction of a new single family residence.
Section 2. The Commission considered this item at a meeting on January 19,
1999 at which time information was presented indicating that the extension of time is
necessary in order to comply with both the City and Community Association
requirements.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 10 of Resolution No. 98-1, dated
February 17,1998, to read as follows:
"A. The Variance and Site Plan Review approvals shall expire within two
years of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of Resolution No. 98-1
shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 19 - D AY OF JANUARY, 1999.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN ERN, DEPUTY CITY CLERK
•
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 99-1 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 98-1 AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A
RETAINING WALL, A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE SIDE YARD TO CONSTRUCT RETAINING
WALLS, AND A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 568.
was approved and adopted at a regular meeting of the Planning Commission on
January 19,1999 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 Y CI CLERK
Oa HQ"
•
elty ofieoeenq Afro
•
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
MEETING DATE: JANUARY 19, 1999
TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: LOLA UNGAR, PLANNING DIRECTOR
SUBJECT: ZONING CASE NO. 568
Mr. William Powers, 18 Crest Road East (Lot 193-1-MS)
Request for a one-year time extension.
BACKGROUND
Attached is a request from Mr. Leonardo E. Marmol, AIA, representing Mr. Powers,
for a one year time extension to a previously approved Variance to encroach into the
front yard setback to construct a retaining wall, a previously approved Variance to
encroach into the side yard to construct retaining walls, and a previously approved
Site Plan Review for the construction of a new single family residence in Zoning
Case No. 568 that was approved by the Commission on February 17, 1998 by
Resolution No. 98-1.
Mr. Marmol says the time extension is necessary because the owners have
undergone a series of family issues that forced the project to be placed on hold and
his firm has only recently been authorized to again proceed with the work.
Draft Resolution No. 99-1 is attached.
RECOMMENDATION
It is recommended that the Planning Commission review the request.
Printed on Recycled Paper.
' December 7, 1998
1)nl ? re, IE UE�
D
DEC 091998
CITY OF ROLLING HILLS
Fv
Lola Unger, Planning Director
City of Rolling Hills
No. 2 Portuguese Bend Rd.
Rolling Hills, CA 90274
Re: Request for extension
Resolution No. 98-1,
Zoning Case No. 568,
18 Crest Road East (Lot 193-1-MS)
Dear Ms. Unger:
•
3464.1814 Fm«3464.181
architecture + construction
2902 Nebraska AVENUE
anta Monica, CALIFORNIA 90404
ER
Thank you for you letter of December 4, 1998 regarding our request for an extension of Resolution No.
98-4, Zoning Case No. 569. The reason we have asked for an extension of this resolution is that, since
the time this approval was granted, the owners have undergone a series of significant family issues that
forced the project to be placed on hold. We have only recently been authorized to again proceed with
the work.
William Powers is now the sole owner of the property.
Enclosed is a check for $200 to cover the filing fee for this request. Please contact us should you have
any further questions regarding this matter. We thank you for your consideration.
Sincerely,
Leonardo E Marmol, AIA
Principal
CC: William Powers
PRINCIPALS
Leonardo E. Marmol AIA
Ronald M. Radzineral*
Douglas D. Hanson AIA
ASSOCIATES
Anna M. Hill
Christopher Shanley
a californla corporation
ARCHITECTURAL LICENSE NOC-22228
GENERAL CONTRACTOR LICENSE NRB-734381
INTERIOR DESIGN CERTIFICATION No4848
mallamarmol-radzIner. com
• •
DRAFT
RESOLUTION NO. 99-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 98-1 AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A
RETAINING WALL, A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE SIDE YARD TO CONSTRUCT RETAINING
WALLS, AND A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 568.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Mr. William Powers with respect to real
property located at 18 Crest Road East (Lot 193-1-MS), Rolling Hills, requesting an
extension to a previously approved Variance to encroach into the front yard setback to
construct a retaining wall, a previously approved Variance to encroach into the side
yard to construct retaining walls, and a previously approved Site Plan Review for the
construction of a new single family residence.
Section 2. The Commission considered this item at a meeting on January 19,
1999 at which time information was presented indicating that the extension of time is
necessary in order to comply with both the City and Community Association
requirements.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 10 of Resolution No. 98-1, dated
February 17,1998, to read as follows:
"A. The Variance and Site Plan Review approvals shall expire within two
years of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of Resolution No. 98-1
shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JANUARY, 1999.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
. • •
DRAFT
•
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
) §§
)
I certify that the foregoing Resolution No. 99-1 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 98-1 AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A
RETAINING WALL, A PREVIOUSLY APPROVED VARIANCE TO
ENCROACH INTO THE SIDE YARD TO CONSTRUCT RETAINING
WALLS, AND A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 568.
was approved and adopted at a regular meeting of the Planning Commission on
January 19,1999 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. 98-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
FRONT YARD SETBACK TO CONSTRUCT RETAINING WALLS,
GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD
SETBACK TO CONSTRUCT RETAINING WALLS, AND GRANTING A
REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 568.
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 Mrs. William Powers with
respect to real property located at 18 Crest Road East (Lot 193-1-MS), Rolling Hills,
requesting a Variance to encroach into the front yard setback to construct retaining
walls, requesting a Variance to encroach into the side yard setback to construct retaining
walls, and requesting Site Plan Review for the construction of a new single family
residence. During the hearing process, the applicants reduced the width of the
swimming pool to enable a reduction in residential building pad coverage.
Section 2. The Planning Commission conducted a duly noticed public hearing
to consider the applications on December 16, 1997 and January 20, 1998, and at a field
trip visit on January 17, 1997. The applicants were notified of the hearing in writing by
first class mail and through the City's newsletter. The applicants and the applicants'
representatives were in attendance at the hearings.
Section 3. The Planning Commission finds that the project qualifies as a Class
3(a) Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore categorically
exempt from environmental review under 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 17.16.110 requires a front yard setback for every
residential parcel in the RA-S-2 Zone to be fifty (50) feet from the front easement line.
The applicants are requesting a Variance to construct a retaining wall with a maximum
height of five (5) feet above the downslope grade, a maximum length of 138 feet, which
will encroach a maximum of nineteen (19) feet into the fifty (50) foot front yard setback.
With respect to this request for a Variance to the front yard setback requirement, 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
RESOLUTION NO. 98-1
PAGE 1
• •
property or class of use in the same zone because the sloping topography and the
location of the driveway on the property necessitate the construction of a retaining wall
in the front yard setback in order to provide a driveway that has a 12% slope, is less
steep than an existing driveway, and to allow safe driveway access.
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 because of the steep slope on the lot necessitates a
retaining wall to support the slope bank next to the proposed driveway so that a home
of comparable size as the surrounding community may be constructed on this lot. The
construction of the wall in the front yard setback will also preserve an existing Live Oak
tree and create a safe driveway accessway.
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 because the proposed project will be compatible with
surrounding properties, will help to improve site access and the geologic stability of the
adjacent slope.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 568 to permit the encroachment of
retaining walls into the front yard setback with a maximum encroachment of nineteen
(19) feet, 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 10 of this Resolution.
Section 6. Section 17.16.120 requires a side yard setback for every residential
parcel in the RA-S-2 Zone to be thirty-five (35) feet. The applicants are requesting a
Variance to construct a retaining wall with a maximum height of five (5) feet above the
downslope grade, a maximum length of 138 feet, which will encroach a maximum of
twenty-five (25) feet into the thirty-five (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 sloping topography and the
location of the driveway on the property necessitate the construction of a retaining wall
in the side yard setback in order to provide a driveway that has a 12% slope, is less steep
than an existing driveway, and to allow safe driveway access.
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 because of the steep slope on the lot
necessitates a retaining wall to support the slope bank next to the proposed driveway so
that a home of comparable size as the surrounding community may be constructed on
RESOLUTION NO. 98-1
PAGE 2
• •
this lot. The construction of the wall in the front yard setback will also preserve an
existing Live Oak tree and create a safe driveway accessway.
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 because the proposed project will be compatible with
surrounding properties, will help to improve site access and the geologic stability of the
adjacent slope.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 568 to permit the encroachment of
retaining walls into the side yard setback with a maximum encroachment of twenty-
five (25) feet, 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 10 of this Resolution.
Section 8. Section 17.46.020 requires a development plan to be submitted for
site plan review and approval before any building or structure may be constructed or
any expansion, addition, alteration or repair to existing buildings or structures, which
involve changes to grading or an increase in the size of the building or structure by at
least 1,000 square feet and has the effect of increasing the size of the building or
structure by more than twenty-five percent (25%) in any thirty-six month period, may
be permitted. With respect to the Site Plan Review application, the Planning
Commission makes the following findings of fact:
A. The proposed development, as modified by the conditions of approval, is
compatible with the General Plan, the Zoning Ordinance and surrounding uses because
the proposed structure complies with the General Plan requirement of low profile, low
density residential development with sufficient open space between surrounding
structures. The project conforms to Zoning Code setback, and lot coverage
requirements, except as approved in Sections 5 and 7. The lot has a net square foot area
of 120,166 square feet. The proposed residence (3,735 sq. ft.), garage (680 sq. ft.), future
stable (450 sq.ft.), and swimming pool k1,740 sq.ft.) will have 6,605 square feet which
constitutes 5.5% of the lot which is within the maximum 20% structural lot coverage
requirement. The total lot coverage including paved areas and driveway will be 23,235
square feet which equals 19.3% of the lot, which is within the 35% maximum overall
lot coverage requirement.
B. The proposed development, as modified by the conditions of approval,
preserves and integrates into the site design, to the maximum extent feasible, existing
natural topographic features of the lot including surrounding native vegetation,
mature trees, drainage courses, and land forms (such as hillsides and knolls).
C. The development plan, as modified by the conditions of approval, follows
natural contours of the site to minimize grading. The natural drainage courses will be
preserved and continue drainage to the canyons at the northern side of this lot.
RESOLUTION NO. 98-1
PAGE 3
• •
D. The development plan will, based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetation with landscaping that
is compatible with and enhances the rural character of the community. In addition, the
Site Plan preserves a mature Live Oak tree on the site.
E. The development plan, as modified by the conditions of approval,
substantially preserves the natural and undeveloped state of the lot by minimizing
building coverage because the new structures will not cause the structural and total lot
coverage to be exceeded. Further, the proposed project will have a residential buildable
pad of 21,006 square feet and building pad coverage of 29.3% with a total building pad
coverage of 10%.
F. The proposed development, as modified by the conditions of approval, is
harmonious in scale and mass with the site, the natural terrain and surrounding
residences. As indicated in Paragraph A, the lot coverage maximum will not be
exceeded. The proposed project is also consistent with the scale of other homes in the
immediate neighborhood. Grading will be minor and required only to restore the
natural slope of the property. The ratio of the proposed structures to lot coverage is
smaller than the ratio found on several properties in the vicinity.
G. The proposed development, as modified by the conditions of approval, is
sensitive and not detrimental to convenience and safety of circulation for pedestrians
and vehicles because the proposed project will provide a safer driveway accessway.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental review.
Section 9. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 568 for a
proposed residential development as indicated on the development plan incorporated
herein as Exhibit A, subject to the conditions contained in Section 10 of this Resolution.
Section 10. The Variance to the front yard setback approved in Section 5, the
Variance to the side yard setback approved in Section 7, and the Site Plan for residential
development approved in Section 9 of this Resolution are subject to the following
conditions:
A. These Variances and Site Plan approvals shall expire within one year from
the effective date of approval if construction pursuant to these approvals has not
commenced within that time period, as required by Sections 17.38.070 and 17.46.080.
B. It is declared and made a condition of these Variance and Site Plan
approvals, that if any conditions thereof are violated, these approvals shall be
suspended and the privileges granted thereunder shall lapse; provided that the
RESOLUTION NO. 98-1
PAGE 4
•
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 October 27, 1997, and marked Exhibit A, except as
otherwise provided in these conditions.
E. The working drawings submitted to the County Department of Building
and Safety for plan check review must conform to the development plan approved
with this application.
F. Grading for the project shall not exceed 2,020 cubic yards of cut soil and
1,900 cubic yards of fill soil, allowing for shrinkage of the soil when it is compacted.
G. The residential building pad coverage shall not exceed 29.3%.
H. Retaining walls shall not exceed a maximum height of 5 feet above the
downslope grade.
I. Landscaping shall be provided and maintained to obscure the buildings
and the building pad with native drought -resistant vegetation that is compatible with
the surrounding vegetation of the community.
J. Shrubs shall be cleared along the roadway that may impair the line of sight
for vehicular ingress or egress in a westerly and easterly direction from the driveway
location.
K. (1) The grove of existing mature varieties of Toyon shrubbery at the south
side of the property at the driveway entrance shall be relocated on the property and
shall be preserved and maintained to the maximum extent practicable.
(2) The existing Live Oak tree on the west side of the property shall be
preserved and maintained.
L. 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.
M. 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.
RESOLUTION NO. 98-1
PAGE 5
• •
' N. i Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional development shall
require the filing of a new application for approval by the Planning Commission.
p. The applicants shall execute an Affidavit of Acceptance of all conditions of
these Variances and Site Plan approvals, or the approvals shall not be effective.
P. I All conditions of these Variances and Site Plan approvals that apply must
be complied with prior to the issuance of a building or grading permit from the County
of Los Angeles.
PASSED, APPROVED AND ADOPTED SITS 1 Ili( OF FEBRUARY, 1998.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
fiNtA ieN, It
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 98-1 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO
CONSTRUCT RETAINING WALLS, GRANTING A VARIANCE TO ENCROACH INTO
THE SIDE YARD SETBACK TO CONSTRUCT RETAINING WALLS, AND GRANTING A
REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 568.
was approved and adopted at a regular meeting of the Planning Commission an February 17, 1998 by the
following roll call vote:
AYES: Commissioners Hankins, Sommer, Witte and
Chairman Roberts.
Commissioner Margeta.
NOES:
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
. t..4' )
DEPUTY C�T°Y CLERK
RESOLUTION NO. 98-1
PAGE 6