400, Addition to existing barn with, Resolutions & Approval Conditions•
RESOLUTION NO. 89-26
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A
VARIANCE TO THE FRONT YARD SETBACK AND SITE
PLAN REVIEW APPROVAL IN ZONING CASE NO. 400
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. David
Clark with respect to real property located at 11 Packsaddle Road
East, Rolling Hills (Lots 29 and 30-SF) requesting a variance to
construct residential additions in the front yard setback and
site plan review approval for proposed residential development on
the site.
Section 2. The Planning Commission conducted a duly
noticed public hearing to consider the application on June 20,
1989, July 18, 1989, August 15, 1989 and September 19, 1989, and
conducted a field site review on July 8, 1989.
Section 3. Sections 17.32.010 through 17.32.030
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 property to the same extent enjoyed by similar
properties. Pursuant to these Sections, the Planning Commission
finds that:
A. The existing residential structure already
encroaches into the front yard setback of the subject
property at the terminus of a cul-de-sac roadway. The
proposed minor expansions will not adversely impact
surrounding properties.
B. The existing development pattern and unusual shape
of the property create hardships for the applicant in
constructing additions on the existing residence.
C. In view of the topographical situation and
shape of the property, there exists unique
circumstances not generally applicable to other
properties in the same zone that justify the continued
encroachment.
D. The grant of a variance under these
circumstances will not be detrimental to the public
health, safety and welfare and will be compatible with
surrounding properties and will be consistent with the
goals of the Zoning Ordinance.
• •
Section 4. Based on the foregoing findings, the
Planning Commission hereby approves the Variance for Case No. 400
to permit the construction of residential additions in the front
yard setback as indicated in the Development Plan submitted with
this application and incorporated herein by reference as Exhibit
A.
Section 5. Section 17.34.010 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 may be made
which involve changes to grading or an increase to the size of
the building or structure by more than twenty-five (25%) percent
in any thirty-six (36) month period.
Section 6. The Commission makes the following findings
of fact:
A. The proposed residential structure is compatible
with the low density, rural character requirements of the
General Plan. This project is compatible with the Zoning
Ordinance because the project complies with the Zoning
Ordinance lot coverage requirements. The net square footage
of the lot is approximately 226,995 square feet. The
proposed residential structures including garage equals
7,959 square feet which represents 3.51% structural lot
coverage, which is within the 20% maximum coverage that is
permitted. The total lot coverage is approximately 22,653
square feet which represents a proposed total lot coverage
of 9.98%, which is within the 35% maximum coverage that is
permitted. The proposed project is compatible with
surrounding residential structures. The proposed project
includes a residence, swimming pool, gazebo and proposed
future stable, which structures are similar to surrounding
residential land use patterns.
B. The proposed development preserves the natural
topographic features of the lot to the maximum extent
possible because all construction will occur on the existing
building pad area, leaving a large portion of the lot
undeveloped.
C. The proposed project follows the natural contours
of the site to minimize grading to the maximum extent
possible, in that all construction will occur on the
existing building pad area of the lot. Existing drainage
patterns will be preserved so that drainage will be
channeled into existing drainage courses and engineered and
constructed within the requirements of the building codes.
D. The project preserves surrounding native
vegetation to the maximum extent possible, by limiting
building to the existing building pad area.
890925 eh 1680043 (1)
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E. The project substantially preserves the natural
and undeveloped state of the lot by minimizing building
coverage in that the residential structure will cover only
3.51% of the lot, which is less than the 20% of coverage
that is permitted. The total structural lot coverage
including driveways, and hard surfaces will equal
approximately 9.98% of the lot, which is less than the 35%
of coverage that is permitted.
F. The project is harmonious in scale and mass with
the site as indicated in paragraph E above because the
proposed development will be substantially similar to the
existing site development.
G. The project is sensitive and not detrimental to
the convenience and safety of pedestrians and circulation of
vehicles in that the driveway will remain in the same
location as it presently exists.
H. The project conforms to the requirements of the
California Environmental Quality Act and is categorically
exempt from environmental review.
Section 7. Based as to foregoing findings, the
Commission hereby approves the site plan review application for a
proposed residential development on the property located at 11
Packsaddle Road East as indicated on the Development Plan
attached hereto as Exhibit A and subject to the following
conditions:
A. The existing barn on the subject property which
was constructed without a building permit, and is located
approximately six (6) feet from the property line and
encroaches into the front yard setback, shall be removed and
become open space prior to the granting of a building permit
for the residential additions.
B. The proposed building plan must be approved by the
Rolling Hills Community Association Architectural Committee
before the applicant receives a grading permit from the
County of Los Angeles.
C. The variance to the front yard setback shall
expire if not used in one year from the effective date of
approval as defined and specified in Section 17.32.110 of
the Municipal Code.
D. Prior to the submittal of a final grading plan to
the County of Los Angeles, the grading plan shall be
submitted to the Rolling Hills Planning Department Staff for
their review, along with related geology, soils and
hydrology reports. This grading plan must conform to the
Development Plan as approved by the Planning Commission.
890925 eh 1680043 (1) — 3 —
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E. A landscape plan must be submitted to the City of
Rolling Hills Planning Department Staff for approval. The
landscaping plan submitted must comply with the purpose and
intent of the Site Plan Review Ordinance. The landscaping
plan shall incorporate existing mature trees and native
vegetation. A bond in the amount of the cost estimate for
the landscaping plus 15% shall be posted and retained with
the City for not less than two years after landscape
installation. The retained bond will be released by the
City 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.
F. The working drawings submitted to the County
Department of Building and Safety for plan check must
conform to the Development Plan approved with this site plan
review.
G. Any modifications to the Development Plan as
approved by the Planning Commission shall require the filing
of an application for modification of the Development Plan
and must be reviewed and approved by the Planning Commission
pursuant to Section 17.34.070 of the Rolling Hills Municipal
Code.
PASSED, APPROVED AND ADOPTED this 30th day of
September , 1989.
/s/ Allan Roberts
Chairman
ATTEST:
8,7`tt
Deputy t Clerk
890925 eh 1680043 (1) — 4 —
RESOLUTION NO. 89-23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS DENYING A VARIANCE
TO THE FRONT YARD SETBACK IN ZONING CASE NO.
400
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. David
Clark with respect to real property located at 11 Packsaddle
Road East, Rolling Hills (Lots 29 and 30-SF) requesting a
variance to the front yard setback requirement to construct an
addition to the existing barn.
Section 2. The Planning Commission conducted a duly
noticed public hearing to consider the application on June 20,
1989, July 18, 1989, and August 15, 1989, and conducted a field
site review on July 8, 1989.
Section 3. Sections 17.32.010 through 17.32.030
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 property to the same extent enjoyed by similar
properties. Pursuant to these Sections, the Planning Commission
finds that:
A. The existing barn on the subject property was
not constructed with a building permit, is located
approximately six (6) feet from the property line and
encroaches forty-four (44) feet into the front yard
setback.
B. Due to the shape and topography of the lot
and the existing developmental pattern, the barn can
be relocated on other portions of the lot.
C. In view of the unauthorized construction of
the barn, the substantial incursion of the barn into
the front yard setback, and the topographical situation
of the lot, unique circumstances do not exist to
justify the continued encroachment.
D. The grant of a variance under these
circumstances would be detrimental to the public
health, safety and welfare and would not be compatible
with surrounding properties and would be inconsistent
with the goals of the Zoning Ordinance.
•
Section 4. Based on the foregoing findings, the
Planning Commission hereby denies the Variance for Case No. 400
with respect to real property located at 11 Packsaddle Road East
to permit an encroachment of forty-four (44) feet into the front
yard setback to construct an addition to an existing barn as
indicated in the Development Plan submitted with this application
and incorporated herein by reference as Exhibit A.
PASSED, APPROVED AND ADOPTED this 19th day of
:-September , 1989.
/s/ Allan 13nhart-s
Chairman
ATTEST:
Deputy Ci; y "lerk
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890911 eh 1680036 (0)