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577, Encroach into the north side y, Application111 Nov 19B ,1 # R0Ll w., HILLS 1r Record:r'44: 7n! 'u,^'Fi C( Tk;1n1• ..r Please record this form with the Registrar`=Recorder's.. Office and return to y"' .-jr0:r�i, City of Rolling Rills, 2 Portuguese Bend' :Road, Rolling ThH , CA :90274. (The Registrar -Recorder's Office requires that the fojm be notarized'before ecordation)1 AFFIDAVIT OF ACCEPTANCE FOR1YI. STATE OF CALIFORNIA ) - ..... COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO.552 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT a f(We) the undersigned state: Mr (We are) the owner(s) of the real property described as follows: 31 CHUCKWAGON ROAD (LOT 16-CF). ROLLING HILLS This property is the subject of the above numbered case. We (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 552 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT ie(We).,certify (or declare) under the penalty of perjury that the foregoing is true and correct. Print • 9 Print Owner ` L Owner $7f f►- Z aN T ' G /L L- Name y��y"» � Name Signature i t Signature'�L / / Address 3 ,� h L /G 6.! rA % y' 2v(I d ,..city/State fdll i r161 41 //S , CA- 19. (4...7f• J / Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX (f Address 3 / ('7 tic /� wR . /44 d , City/State A i/4 i /-ells . Gh- v z 7 f— before me, �� ,t e 1-0CGJ , 110•471 r y (j 6 19 I `c-- personally appeared Lam-! !n n • 1 1 , vvk S }qi, rt3 [ ] Personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) redsubscribed to the within instrument and acknowledged to me that hefshe/et�7executed the same in -hi31hcr/authorized capacity(ies) and that by-hisfhcf/theu`'signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary GALE LOGO See Exhibit "A" attached hereto and made a part hereof Commission # 119 Plate Public - California Los Angeles County My Comm. Eames Aug 17,2002 • "64/-fe (T 4 k RESOLUTION NO. 98-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AND APPROVING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 577. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. and Mrs. Lynn Gill with respect to real property located at 31 Chuckwagon Road (Lot 16-CF), Rolling Hills, requesting a Variance to authorize the retention of existing illegally constructed retaining walls that encroach into the north side yard setback, requesting a Variance to authorize the retention of existing illegally constructed retaining walls and a barbecue that encroach into the south side yard setback and requesting a Variance to authorize the construction of a trellis that will encroach into the front yard setback. During the hearing process, the request for the trellis that would encroach into the front yard setback was withdrawn. Section 2. In October, 1997, it came to the attention of the City that retaining walls were being constructed on the subject property without benefit of building permits and the City called Dr. Lynn Gill. On October 24, 1997, Dr. Gill visited City Hall to review 1988 plans for the site. On Monday, October 30, 1997, Mr. Rafael Bernal, District Engineering Associate, issued a "Stop Work Order" regarding the retaining walls that required engineering and ordered the work stopped. On November 17, 1997, staff received a letter from Dr. Gill describing the sequence of events that prompted him to build the illegally constructed retaining walls and wherein the Gills concluded that in order for the former owners Mr. and Mrs. Michele Migliaccio to have been issued a building permit in 1988, all City and County requirements for retaining walls would have had to be met and therefore, they did not pursue the matter further with the City or the County and requested guidance regarding the necessary documents to file in order to be in compliance with the regulations of the City, Community Association and the County. On December 1, 1997, Mr. John O. Schuricht, Structural Engineer, Palos Verdes Engineering, informed the City of the rationale for the design of the retaining walls due to slope failure. The City notified the Gills by letter on December 29, 1997, that the new retaining walls were constructed illegally and subject to review by the Planning RESOLUTION NO. 98-12 PAGE 1 OF 7 • • Commission because Variance approvals expire within one year from the effective date of approval, the illegally constructed retaining walls encroach into the side yard setbacks and that a Variance and a building permit are required. On January 20, 1998, staff received a letter from Dr. Gill regarding his understanding of the Variance and building permit requirements. On February 5, 1998, staff informed Dr. and Mrs: Gill of the need for an application and plans for the retaining walls. The Gills submitted a Variance application on March 9, 1998. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the applications on March 17, 1998, April , 21, 1998, and May 19, 1998, and at a field trip visit on March 28, 1998. The applicant was notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said project, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said project. Concerns expressed by Commissioners, concerned residents and the applicants focused on the unauthorized construction of the retaining walls, the unauthorized completion of the retaining walls, the walls surrounding the pool equipment area, and the heights, appearance, and locations of the retaining walls. Section 4. The Planning Commission finds that the project qualifies as a Class 5 Exemption [State CEQA Guidelines, Section 15305 (Minor Alterations to Land Use Limitations)] 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 17.16.120(A) requires a side yard setback for every residential parcel in the RA-S-1 zone to be twenty (20) feet. The applicant is requesting a Variance to authorize an encroachment into the north side yard setback to allow the retention and modification of two existing illegally constructed retaining walls that encroach up to ten (10) feet into the twenty (20) foot side yard setback. The two walls are of variable height, 3 feet maximum, and conjoin at the lower level of the side yard setback. The upper wall is 105 feet long and the lower wall is 75 feet long. 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 in shape and the previously constructed illegal retaining walls are located on a hillside slope at the rear of the lot and away from the street. RESOLUTION NO. 98-12 PAGE 2 OF 7 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 there was minimum grading to construct the previously constructed- illegal retaining walls on this irregular shaped lot, drainage will be controlled on the property, and there will not be any greater incursion into the side yard than what already exists on other properties in the same vicinity. 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 existing retaining walls will allow drainage on the property to be controlled as it flows to the .canyon to the east inside the applicants' property, -the height of the walls will be reduced, the uneven tops of the walls will be smoothed, and a substantial 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. 577 to allow an encroachment into the north side yard setback to authorize the retention of two existing illegally constructed retaining walls that encroach up to ten (10) feet into the twenty (20) foot side yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, dated June 5, 1998, subject to the conditions specified in Section 9 of this Resolution. Section 7. The applicant is requesting a Variance to permit an encroachment into the south side yard setback to authorize the retention and modification of two existing illegally constructed retaining walls that encroach up to twenty (20) feet and a proposed brick barbecue to encroach up to seven (7) feet into the twenty (20) foot side yard setback. The two walls are of variable height, 5 feet maximum. The upper wall is 30 feet long and the lower wall is 43 feet long, 30 feet of which runs along the southern property line. 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 in shape and the existing retaining wall is located on a hillside slope at the rear of the lot and away from the street. 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 there was minimum grading to construct the previously constructed illegal retaining walls on this irregular shaped lot and drainage will be controlled on the property, RESOLUTION NO. 98-12 PAGE 3 OF 7 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 modified retaining wall will allow drainage on the property to be controlled as it flows to the canyon to the east within the applicants' property, the height of the walls will be reduced, the uneven tops of the walls will be smoothed, arid a substantial 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. 577 to allow the retention and modification of two existing illegally constructed retaining walls that encroach up to twenty (20) feet and a proposed brick barbecue to encroach up to seven (7) feet into the twenty (20) foot side yard setback as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, dated June 5, 1998, subject to the conditions specified in Section 9 of this Resolution. Section 9. The Variance to allow an encroachment into the north side yard setback to authorize the retention of two existing illegally constructed retaining walls that encroach into the side yard setback approved in Section 6 and the Variance to allow an encroachment into the south side yard setback to authorize the retention and modification of two existing illegally constructed retaining walls and a proposed brick barbecue to encroach into the side yard setback approved in Section 8 as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A dated June 5, 1998, are subject to the following conditions: A. The Variance approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070. B. It is declared and made a condition of the Variance approvals 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. Any retaining walls shall not exceed 5 feet in height, averaging no more than 2-1/2 feet. E. The uneven top upper edge of all retaining walls shall be a continuous smooth line and without jagged inclines or declines along the length of the wall. F. The east and south pool equipment walls shall be removed. RESOLUTION NO. 98-12 PAGE 4 OF 7 G. The uneven top line of the southernmost retaining walls shall be modified so as to reduce the wall and be parallel to the slope and slightly below the topmost fence rail of the neighbor's adjacent 3-rail .fence. H. Plans .shall be modified to reflect the requirements of Paragraphs D, E, F, and G of this Section. I. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. J. Additional landscape screening shall be planted to obscure the eastern faces of the retaining walls and the pool equipment area. K. Landscape screening for the eastern faces of the retaining walls and the pool equipment area shall be maintained so as not to obstruct views of neighboring properties but to obscure the retaining walls and the pool equipment area. L. A landscape plan must be submitted to and approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and 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 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 Planning Commission determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. M. Structural lot coverage shall not exceed 16.7% and total lot coverage of structures and paved areas shall not exceed 35.8%. N. Disturbed area of the lot shall not exceed 35.8%. O. Review and approval of a site drainage plan by the City Engineer shall be obtained for the drainage and the retaining walls. P. 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. 98-12 PAGE 5 OF 7 Q. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to approval of the drainage plan. R. The working drawings submitted to the County Department of Building and Safety for site drainage plan review and building permits must conform to the development plan described at the beginning of this section (Section 9). S. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance approvals pursuant to Section 17.38.060, or the approval shall not be effective. T. All conditions of these Variance approvals must be complied with prior to approval of the site drainage plan by the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON THE 16 -nY__137LTNE, 1998. ALLAN ROBERTS, CHAIRMAN ATTEST: • MARILYN RN DEPUTY CITY CLERK RESOLUTION NO. 98-12 PAGE 6 OF 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 98-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY .OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AND APPROVING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 577. was approved and adopted at an adjourned regular meeting of the Planning Commission on June 16, 1998 by the following roll call vote: AYES: NOES: Commissioners Hankins, Margeta, Sommer and Chairman Roberts. None. ABSENT: Commissioner Witte ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices \/\,/u,,A.LA,N MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 98-12 ' PAGE 7 OF 7 r • J u RECORDING REQUESTED BY AND MAIL TO: F k t - 1 1999 CITY OF ROLLING HILLS 2 PORTUGUESE BENDrijp ll3jF ROLLING HILLS ROLLING HILLS, CA.90274 (310) 377-1521 Y (310) 377-7288 FAX Recorder's Use RECORDED/FILED IN OFFICIAL REC RO g 1 RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:04 AM NOV 03 1998 Please record this form with the Registrar -Recorder's Office and return to: —• ___._,_ ��� City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires that the form be notarized before recordation). AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA COUNTY OF WS ANGELES CITY OF ROLLING HILLS ZONING CASE NO.552 ) §§ FEE $ ,2J'• — P D.A. FEE Code 20 $ 0/P.' SITE PLAN REVIEW VARIANCE t CONDITIONAL USE PERMIT a 4(We) the undersigned state: lir (We are) the owner(s) of the real property described as follows: 31 CHUCKWAGON ROAD (LOT 16-CF). ROLLING HILLS This property is the subject of the above numbered case. (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO.552 SITE PLAN REVIEW VARIANCE ■ CONDITIONAL USE PERMIT i(We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Print (. Print Owner I.�/ F G /a L Owner A-2 oN T /L •- <- / L - A NameSignature Signature Q d� �% Name Address 3 /(C 4 ao / ' u Tv?, (2-,ad Address 3 / (1 yC. WA. S h1 /4/4 d City/State kali; el Hi III , C/l- 9 U a%94 City/State I? ///i, 5 /-) 11 S , CA / / Signatures must be acknowledged by a notary nublic. State of California ) County of Los Angeles ) On 111 LiI�Q� before me, £,I e LOCaza , Vlc>vy 0 01' 1 personally appeared Ly !^ n G I 1 1 4,4 S}ilk r' e 1• [ ] Personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)subscribed to the within instrument and acknowledged to me that he{slhe he executed the same in -his7Literf a thorized capacity(ies) and that bye/t7i�e� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary =WO cornmis t 01 is County my CommetlitsAug17. 44, See Exhibit "A" attached hereto and made a part hereof • RESOLUTION NO. 98-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AND APPROVING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 577. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. and Mrs. Lynn Gill with respect to real property located at 31 Chuckwagon Road (Lot 16-CF), Rolling Hills, requesting a Variance to authorize the retention of existing illegally constructed retaining walls that encroach into the north side yard setback, requesting a Variance to authorize the retention of existing illegally constructed retaining walls and a barbecue that encroach into the south side yard setback and requesting a Variance to authorize the construction of a trellis that will encroach into the front yard setback. During the hearing process, the request for the trellis that would encroach into the front yard setback was withdrawn. Section 2. In October, 1997, it came to the attention of the City that retaining walls were being constructed on the subject property without benefit of building permits and the City called Dr. Lynn Gill. On October 24, 1997, Dr. Gill visited City Hall to review 1988 plans for the site. On Monday, October 30, 1997, Mr. Rafael Bernal, District Engineering Associate, issued a "Stop Work Order" regarding the retaining walls that required engineering and ordered the work stopped. On November 17, 1997, staff received a letter from Dr. Gill describing the sequence of events that prompted him to build the illegally constructed retaining walls and wherein the Gills concluded that in order for the former owners Mr. and Mrs. Michele Migliaccio to have been issued a building permit in 1988, all City and County requirements for retaining walls would have had to be met and therefore, they did not pursue the matter further with the City or the .County and requested guidance regarding the necessary documents to file in orderto be in .compliance with the regulations of the City, Community Association and the County. On December 1, 1997, Mr. John O. Schuricht, Structural Engineer, Palos Verdes Engineering, informed the City of the rationale for the design of. the retaining walls due to slope failure. The City notified the Gills by letter on December 29, .1997; that the new retaining walls were constructed illegally and subject .to review by thePlanning RESOLUTION NO. 98-12 PAGE 1 OF 7 96 2013193 • • Commission because Variance approvals expire within one year from the effective date of approval, the illegally constructed retaining walls encroach into the side yard setbacks and that a Variance and a building permit are required. On January 20, 1998, staff received a letter from Dr. Gill regarding his understanding of the Variance and building permit requirements. On February 5, 1998, staff informed Dr. and Mrs. Gill of the need for an application and plans for the retaining walls. The Gills submitted a Variance application on March 9, 1998. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the applications on March 17, 1998, April 21, 1998, and May 19, 1998, and at a field trip visit on March 28, 1998. The applicant was notified of the public hearing in writing by first class mail and through the City's newsletter. Evidence was heard and presented from all persons interested in affecting said project, from all persons protesting the same, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said project. Concerns expressed by Commissioners, concerned residents and the applicants focused on the unauthorized construction of the retaining walls, the unauthorized completion of the retaining walls, the walls surrounding the pool equipment area, and the heights, appearance, and locations of the retaining walls. Section 4. The Planning Commission finds that the project qualifies as a Class 5 Exemption [State CEQA Guidelines, Section 15305 (Minor Alterations to Land Use Limitations)] 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 17.16.120(A) requires a side yard setback for every residential parcel in the RA-S-1 zone to be twenty (20) feet. The applicant is requesting a Variance to authorize an encroachment into the north side yard setback to allow the retention and modification of two existing illegally constructed retaining walls that encroach up to ten (10) feet into the twenty (20) foot side yard setback. The two walls are of variable height, 3 feet maximum, and conjoin at the lower level of the side yard setback. The upper wall is 105 feet long and the lower wall is 75 feet long. 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 in shape and the previously constructed illegal retaining walls are located on a hillside slope at the rear of the lot and away from the street. RESOLUTION NO. 98-12 PAGE 2 OF 7 cLJ1 2 193 • • 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 there was minimum grading to construct the previously constructed illegal retaining walls on this irregular shaped lot, drainage will be controlled on the property, and there will not be any greater incursion into the side yard than what already exists on other properties in the same vicinity. 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 existing retaining walls will allow drainage on the property to be controlled as it flows to the canyon to the east inside the applicants' property, the height of the walls will be reduced, the uneven tops of the walls will be smoothed, and a substantial 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. 577 to allow an encroachment into the north side yard setback to authorize the retention of two existing illegally constructed retaining walls that encroach up to ten (10) feet into the twenty (20) foot side yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, dated June 5, 1998, subject to the conditions specified in Section 9 of this Resolution. Section 7. The applicant is requesting a Variance to permit an encroachment into the south side yard setback to authorize the retention and modification of two existing illegally constructed retaining walls that encroach up to twenty (20) feet and a proposed brick barbecue to encroach up to seven (7) feet into the twenty (20) foot side yard setback. The two walls are of variable .height, 5 feet maximum. The upper wall is 30 feet long and the lower wall is 43 feet long, 30 feet of which runs along the southern property line. 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 in shape and the existing retaining wall is located on a hillside slope at the rear of the lot and away from the street. 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 there was minimum grading to construct the previously constructed illegal retaining walls on this irregular shaped lot and drainage will be controlled on the property, RESOLUTION NO. 98-12 PAGE 3 OF 7 98 2013193 • • 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 modified retaining wall will allow drainage on the property to be controlled as it flows to the canyon to the east within the applicants' property, the height of the walls will be reduced, the uneven tops of the walls will be smoothed, and a substantial 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. 577 to allow the retention and modification of two existing illegally constructed retaining walls that encroach up to twenty (20) feet and a proposed brick barbecue to encroach up to seven (7) feet into the twenty (20) foot side yard setback as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, dated June 5, 1998, subject to the conditions specified in Section 9 of this Resolution. Section 9. The Variance to allow an encroachment into the north side yard setback to authorize the retention of two existing illegally constructed retaining walls that encroach into the side yard setback approved in Section 6 and the Variance to allow an encroachment into the south side yard setback to authorize the retention and modification of two existing illegally constructed retaining walls and a proposed brick barbecue to encroach into the side yard setback approved in Section 8 as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A dated June 5, 1998, are subject to the following conditions: A. The Variance approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070. B. It is declared and made a condition of the Variance approvals 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. Any retaining walls shall not exceed 5 feet in height, averaging no more than 2-1/2 feet. E. The uneven top upper edge of all retaining walls shall be a continuous smooth line and without jagged inclines or declines along the length of the wall. F. The east and south pool equipment walls shall be removed. RESOLUTION NO. 98-12 PAGE 4 OF 7 G. The uneven top line of the southernmost retaining walls shall be modified so as to reduce the wall and be parallel to the slope and slightly below the topmost fence rail of the neighbor's adjacent 3-rail fence. H. Plans shall be modified to reflect the requirements of Paragraphs D, E, F, and G of this Section. I. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. J. Additional landscape screening shall be planted to obscure the eastern faces of the retaining walls and the pool equipment area. K. Landscape screening for the eastern faces of the retaining walls and the pool equipment area shall be maintained so as not to obstruct views of neighboring properties but to obscure the retaining walls and the pool equipment area. L. A landscape plan must be submitted to and approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and 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 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 Planning Commission determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. M. Structural lot coverage shall not exceed 16.7% and total lot coverage of structures and paved areas shall not exceed 35.8%. N. Disturbed area of the lot shall not exceed 35.8%. O. Review and approval of a site drainage plan by the City Engineer shall be obtained for the drainage and the retaining walls. P. 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. 98-12 PAGE 5 OF 7 Oa 2013193 • • Q. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to approval of the drainage plan. R. The working drawings submitted to the County Department of Building and Safety for site drainage plan review and building permits must conform to the development plan described at the beginning of this section (Section 9). S. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance approvals pursuant to Section 17.38.060, or the approval shall not be effective. T. All conditions of these Variance approvals must be complied with prior to approval of the site drainage plan by the County of Los Angeles. PASSED, APPROVED AND ADOPTED ON THE 16T I-D4OF Z[JNE, 1998. ATTEST: • k-th.A,-1 MARILYN RN, DEPUTY CITY CLERK RESOLUTION NO. 98-12 PAGE 6 OF 7 ALLAN ROBERTS, CHAIRMAN US 2013193 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 98-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AND APPROVING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO AUTHORIZE THE RETENTION WITH MODIFICATIONS OF PREVIOUSLY ILLEGALLY CONSTRUCTED RETAINING WALLS AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 577. was approved and adopted at an adjourned regular meeting of the Planning Commission on June 16, 1998 by the following roll call vote: Commissioners Hankins, Margeta, Sommer and Chairman Roberts. AYES: NOES: ABSENT: ABSTAIN: None. Commissioner Witte None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN KE RESOLUTION NO. 98-12 PAGE 7 OF 7 Jo-cfr,) , DEPUTY CITY CLERK 88 201a123 PROPERTY OWNER: OWNER'S ADDRESS: TELEPHONE NO.: PROPERTY ADDRESS: LEGAL DESCRIPTION: AGENT'S NAME: AGENT'S ADDRESS: TELEPHONE NO.: VARIANCE APPLICATION REOUEST FOR HEARING Dr. and Mrs. Lynn E. Gill 31 Chuckwagon Road, Rolling Hills, CA 90274 (310) 541-3311 voicemail (213) 955-8664 fax (310)541-6948 31 Chuckwagon Road, Rolling Hills, CA 90274 Lot No. 16 Record of survey 73-12-14 ASSESSOR'S BOOK NO.7567 PAGE 006 PARCEL 19 • Describe in detail the nature of the proposed use, including what aspects of the project require a Variance. The primary objective of the proposed landscaping plan is to: 1. Reduce total flatwork from the existing 6,075 sq. ft. to approximately 4,260 sq. ft. and replace it with new landscaping to beautify the property. Percent total coverage is proposed to be reduced from 42.5% to 35.8%. 2. Provide retention for an unsupported existing building pad and existing slope, and remedy existing soil failure and slumping of the slope, and related cracking of the patio slab and pool. Proposed Construction in the Front Yard Setback We propose to: 1. reduce the amount of driveway paving by removing the current asphalt paving and installing new concrete paving and landscaping 2. remove the second entry to the driveway and replace it with new landscaping 3. remove a garden wall and trees in the roadway easement and replace it with parking and horse path 4. construct. new PV stone steps and walkway from the street to the front door to replace existing non-functional brick steps 5. replace the uncovered masonry stoop at the front door with a new uncovered masonry stoop 6. remove some of the concrete paving in the service yard and replace with landscaping 7. remove asphalt paving north of the residence and replace with a PV stone walkway and landscaping 8. complete the existing trellis by adding cross members Walkways, steps, porch (stoop) and driveways are permitted within the setback area (17.16.150). No grading will be required to complete this work. A Variance is required for the proposed improvement to the existing trellis. Proposed Construction in the Side Yard Setback Areas We have installed: 1. garden walls and retaining walls in the south side yard setback to retain the existing unsupported building pad #1, and to remedy soil failure on the existing unsupported slope and related patio and pool cracking. 2. garden walls and retaining walls in the north side yard setback to retain the existing unsupported building pad #1, 3. new brick faced steps leading from the upper pad #1 to the lower pad #2, to replace existing wooden steps located adjacent to the southern boundary of the property 4. a new brick walkway from the brick patio to the steps 5. garden walls around the existing pool equipment enclosure to replace existing wooden walls. No grading was required to complete this work. The steps and walkways are permitted within the setback area (17.16.150) and do not require a Variance. The retaining walls and garden walls in the north and south side yard setbacks require a Variance. We propose the following additional improvements: 1. demolish the existing brick barbecue in the south side yard setback and replace it with a new brick barbecue and brick walk surface in the south side yard setback 2. demolish a portion of the cement paving currently in the south side yard setback and replace it with landscaping 3. demolish the asphalt paving in the north side yard and replace it with a narrower PV stone walkway and landscaping. Removal of paving and construction of walkways are permitted within the side yard setbacks (17.16.250). A Variance is required for construction of a new barbeque in the south side yard setback. Criteria to be satisfied for grant of Variance Such change is based upon the following described exceptional or extraordinary circumstances or conditions that do not apply generally to other property in the same vicinity and zone: The property is a non -conforming lot of 33,695 sq. ft. with a net lot area of 23,561 sq. ft. The lot has a non -conforming front yard setback of 20'. The property has a non -conforming lot width of 122' and non -conforming side yard setbacks of 15'. As shown on Vicinity Map, because of the hilly terrain and relatively small lot sizes in this parcel, all of the residences in the vicinity of the subject residence encroach into the front yard and side yard setbacks. The residence and a swimming pool is located on a relatively level pad with 7,650 sq.ft. area adjacent to Chuckwagon Road ("Pad #1 or upper pad"). A 10' slope descends from the rear margin of the upper pad on which the house and swimming pool are located to a lower landscaped pad of 3,200 sq. ft. ("pad #2 or lower pad"). Page 2 • • A geologic opinion conducted by Keith Ehlert, Consulting Engineering Geologist dated July 27, 1994 noted on page 6, "Essentially bare soil was exposed on portions of the slope that descends from the pad the house and pool are located on. A minor local soil failure was present along the lowermost portion of the slope." The area experiencing the soil failure is located in the south side yard setback, immediately adjacent to the southern property line between our property the Lynn Craig property at 29 Chuckwagon. A trench had been dug parallel to the southern property line (most likely for the footings of a retaining wall adjacent to the southern property line which was permitted in 1988 but never completed by the prior owner). Wooden stairs from the upper pad to the lower pad were constructed in the trench. A 3" perforated drain had been installed on the surface of the trench from top to bottom of the slope. The geologist, Keith Ehlert, observed in his report, page 6, "What appears to be a crack was observed in the swimming pool. The apparent crack was essentially parallel to the slope..." On page 10 he noted, "As is the case with most hillside area, it is my opinion that the slopes in the site area can be subject to mud slides, slumps, and other types of local failures. The fill slopes are especially subject to these types of failures. Such failures generally occur as a result of prolonged periods of heavy rainfall, pipe leaks, etc." He also noted on page 10, "As previously indicated, a minor local slump has occurred on the steeper portion of the slope that descends from the pad the house and pool are located on. The possibility of further failures occurring on the slopes cannot be ruled out. Information in the County of Los Angeles file indicates that a permit to construct a retaining wall to correct a slump (slope failure) was issued." He is referring to a permit for construction of retaining walls issued to the previous owners in 1988. The permitted wall required to stabilize the slope was never constructed, by the previous owner. We have observed several new cracks in the brick patio on the upper pad, parallel to the slope. During the two years we have owned the property we have observed significant quantities of crumbling soil tumbling down the slope. The brow of the upper pad is eroding away and is undermining the pool and patio decking. We retained John Schuricht, registered professional structural engineer 2391, of Palos Verdes Engineering Corporation to inspect the property and provide structural engineering consulting. Palos Verdes Engineering's design for this problem area is essentially a "structural box" which integrates a 3' landscape wall running north and south along the perimeter of the upper pad, a retaining wall running north and south along the foot of the slope which provides retention of the slope as well as screening the pool equipment, the wall of a new brick stairway running east and west which connects the upper and lower walls, and a 3' wall running east and west adjacent to the southern property line which also connects the upper and lower walls and closes the structural box. A portion of this remedial construction designed to stabilize the slope and prevent further soil failure and slumping is in the south side yard setback area. This structural box design provides great structural strength and stability. The upper and lower walls are tied with rebar steel into the two walls which lead from the base of the slope to the upper pad, forming the structural box. The mass of the two up -slope side walls braces and anchors the upper and lower walls firmly in place. Perforated 3" drains are installed behind the upper and lower walls, wrapped in filter fabric and gravel. A new 4" solid drain is installed from the upper pad to the lower pad area providing drainage for the upper pad without perking water into the slope. Solid 4" drains are installed from the upper pad area to the lower pad area to provide drainage for the upper pad without percolating water into the slope. This improved drainage will also help stabilize the problem area. Page 3 A retaining wall running eamind west was constructed in the north Ai yard setback. It is constructed l0i from the property line .u' lretains the slope between the relativelel upper pad and an existing inclined 10' wide private horse trail between the upper and lower pads (this trail then continues to the north-east corner of the property). The upper section of the trail was improved by surfacing it with decomposed granite. A portion of landscape walls at the brow of the slope and retaining walls at the foot of the slope are situated in the north side yard setback. Denn Engineers executed the design and prepared working drawings for the construction. Denn Engineers also prepared a survey and topography of the property, and checked to make sure that there were no easements where we intended to do the construction. We reviewed the plans with Lynn Craig, our neighbor to the south at 29 Chuckwagon Road, to make sure that he was in agreement with the proposed construction of the retaining wall adjacent to our southern property line. On August 22, 1997 we brought the plans into the Rolling Hills Community Association offices to determine what permits and other authorizations were required. We found in the file for our property at City Hall an approved Variance (Zoning Case No. 365) allowing, among other things, construction of retaining walls along the south property line. We found in our file at the Community Association office a building permit for construction of retaining walls dated 11-15-88 issued to the former owners, Mr. and Mrs. Migliaccio. We also found an approved remedial grading plan prepared by South Bay Engineering Corporation indicating: • 3' retaining wall with portions in the north and south side yard setbacks along the base of the existing slope • 3' retaining wall in the south side yard setback between the upper pad and the lower pad, adjacent to the south property line • 5' high retaining wall from the top of the slope to street level, in the south side yard setback. The former owner, Mr. Migliaccio, completed construction of the 5' retaining wall permitted in the south side yard setback in 1988, but did not complete any of the permitted 3' retaining walls in the south side yard setback that were required to support the upper pad and stabilize the slope. In the Community Association offices, an annotation was made on our 1997 plans that we were at this time completing the retaining walls permitted in 1988, and the plans were filed in our property file. We therefore did not pursue this further with the City or County, believing that we had a valid Variance and building permit. We later learned that the Variance and building permit for the retaining walls expired after one year, and that we needed to again apply for the Variance. Such change will not be materially detrimental to the public welfare nor injurious to the property or improvements in such vicinity and zone where property is located because 1. There are exceptional and extraordinary circumstances applicable to the property, namely, the existing unstable slope condition. The most significant soil failure was in the area of the slope immediately adjacent to the southern property line, in the south side yard set back. Construction of retaining walls and improved drainage was for the purpose of remedying this unstable soil condition and protecting our property from damage due to further slope failure or mud slides. Exceptionally heavy rainfall was predicted (and has occurred) this season. 2. The Variance is necessary for the preservation and enjoyment of our property rights similar to properties in the same vicinity and zone, namely the mitigation of an unstable slope condition that could cause property damage if not remedied. As shown on the Vicinity Map, residences in the area regularly encroach into the front and side yard set backs due to the hilly topography and the lot sizes in this parcel. Most have various types of retaining walls to support building pads and stabilize slopes. Page 4 • • 3. Granting of such Variance will not be materially detrimental to the public welfare or injurious to properties in the vicinity. Construction of the retaining walls and improved slope drainage contributes favorably to the overall stability of the slope and also benefits the property owner to the south, who was consulted concerning construction of the retaining walls and installation of drainage. In addition, water run-off from the neighbor's property to the south (29 Chuckwagon) was improved by installation of coarse gravel upon the retaining wall footings adjacent to the south side of the retaining wall. 4. In granting this Variance, the spirit and intent of the Zoning Ordinance will be observed, namely maintaining appropriate distance between residences and a feeling of openness. The retaining wall along the southern lot boundary that ties together and braces the upper and lower walls is down -slope of both residences and out of sight lines in an area of corrals. It is constructed of split face block the same color as the soil of the area, and is entirely hidden behind a three rail white fence. Plantings are planned to cascade over thewalls so that the walls "disappear." In addition, access from Chuckwagon Road to the lower pad #2 and thence along the northern property line to the northeast corner of the property is enhanced due to improvement of a private l0i wide horse trail, part of which is covered with decomposed granite. 5. The Variance does not grant special privilege to the applicant. As previously stated, as shown on the Vicinity Map, properties in this area regularly encroach into the front and side yard set backs due to the hilly terrain and relatively small building pad areas. Most also have various types of retaining walls to support pads and stabilize slopes. 6. The Variance is consistent with the County of Los Angeles Hazardous Waste Management Plan. No hazardous waste is involved. 7. The Variance is consistent with the General Plan of the City of Rolling Hills, as previously stated. A filing fee must accompany the application. Make check payable to: THE CITY OF ROLLING HILLS. Check is attached. Page 5 Sheetl t ROAD EASEMENT PAD GROSS PAD EXCLUSIONS: ROAD EASEMENT FRONT YARD SETBACK N SIDEYARD SETBACK S SIDEYARD SETBACK TOTAL EXCLUSIONS BUILDABLE AREA -PAD 1 PAD 2 FROM TOPO 78 TO TOPO 73 GROSS PAD EXCLUSIONS: N SIDEYARD SETBACK S SIDEYARD SETBACK TOTAL EXCLUSIONS BUILDABLE AREA -PAD 2 TOTAL BUILDABLE AREA PADS 1 AND 2 COMPUTATION OF BUILDABLE AREA AND COVERAGE THEREOF DATE 3/7/98 ZONING CASE NO. 577 ADDRESS: 31 CHUCKWAGON ROAD ROLLING HILLS, CA 90274 APPLICANT DR. AND MRS. LYNN E. GILL LOT SIZE NET LOT AREA 0.774 ACRE 0.541 ACRE 33694.5 SQ FT 23561 SQ FT CALCULATION OF BUILDING PAD AREAS PAD 1 FROM W PROPERTY LINE TO TOPO 87 North 122 122 East EXISTING 25 3050 SQ FT 125 15250 18300 SQ FT 3050 SQ FT 122 50 6100 10 75 750 10 75 750 10650 SQ FT 7650 SQ FT 100 40 4000 SQ FT 10 40 400 10 40 400 800 SQ FT 3200 10850 SQ FT CALCULATION OF LOT COVERAGE BUILDING AREAS NET LOT AREA BUILDING PADS RESIDENCE LAUNDRY/KITCHEN/FAMILY LIVING ROOM BEDROOM/BATHS TOTAL RESIDENCE GARAGE POOL TOTAL STRUCTURES % STRUCTURAL COVERAGE EXISTING PROPOSED TOTAL 23561 10850 NORTH 25 30 3 34 -3 24 23561 10850 EAST TOTAL 29 719 SQ FT 34 1013 20 50 40 1350 10 -25 3106 SQ FT 20 475 350 3931 SQ FT 16.7% (Per Denn Engineers) (Per Denn Engineers) -\ (I .: s ;' t L. MAR _: 3 1998 Page 1 Sheet' • TOTAL PAD COVERAGE 36.2% FLATWORK NORTH EAST EXISTING PROPOSED kI; ? )C f) 0(.1 DRIVEWAY 30 50 1500 800 45 20 900 700 — 260 WALKWAYS SE CORNER HOUSE 25 15 375 200 S OF HOUSE 10 100 1000 400 -ZOO N OF HOUSE 8 50 400 100 PATIO 30 35 1050 1050 30 10 300 300 30 5 150 150 POOLDECK (80' PERIMETERX5') 400 160 TOTAL EXISTING FLATWORK 6075 3860 • FLATWORK COVERAGE 25.8% NEW STAIRS AND BRK WALK 6 24 144 NEW BRICK WALK 6 18 108 PROPOSED FLATWORK 4112 • FLATWORK PROPOSED 17.5% TOTAL STRUCTURAL AND FLATWORK • TOTAL COVERAGE 10006 8043 42.5% 34.1% Page 2 OWNER'S ACKNOWLEDGEMENT Property development in Rolling Hills is governed by ordinances of . the CITY OF ROLLING HILLS ("City") and by private deed restrictions enforced by the ROLLING HILLS COMMUNITY ASSOCIATION ("RHCA"). The land development permit process of the City and the RHCA are completely independent and separate. Both must be satisfied and approval given by both the City and the RHCA to develop property in Rolling Hills. An approval by either the City or the RHCA does not mean or imply or ensure approval by the other. The suggested sequence of property development is to obtain City approvals first. We, the undersigned, acknowledge that the above statement has been fully read and its admonition is completely understood. Executed at 31 Chuckwagon Road, Rolling Hill, California this 7 day of March , 1998 By: By: Address: 31 Chuckwaaon Road Rolling Hills, CA 90274 Page 6 OWNER'S DECLARATION We declare under penalty of perjury that the foregoing is true and correct. Executed at Rolling Hill, California, this 7th day of March 1998 By: By: Address: 31 Chuckwagon Road Rolling Hills, CA 90274 NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Notary Public of the State where the signature is fixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the information accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acl-nowledgment here. APPLICANT: Dr.Lynn E. and Sharon J. Gill REPRESENTATIVE: FEE: COMPANY NAME: COMPANY ADDRESS: BY: COMPANY PHONE NO. ( ) PROJECT ADDRESS: 31 Chuckwaaon Road Rollins Hills, CA 90274 DATE FILED March 9. 1998 RECEIPT NO: 6 67 rfr ZONING CASE NO: 577 TENTATIVE HEARING DATE: March 17. 1998 at 7:30 PM Page 7 • • CITY OF ROLLING HILLS ZONING CASE CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ) ss I, Lynn E. Gill, declare under penalty of perjury that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described and for a distance of one thousand (1,000) feet from the exterior boundaries of property legally described as: Lot No.16 Record of Survey 73-12-14 Assessors'Book No. 7567 Page 006 Parcel 19 Executed at Rolling Hills, California, this 7th day of March, 1998. Conditional Use Permit Variance Site Plan Review Zone Change Page 8