423, Requirering side yard setback , Resolutions & Approval ConditionsRESOLUTION NO. 91-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-9-A
GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN
REVIEW APPROVAL AND APPROVING A MODIFICATION TO RESOLUTION NO.
91-10 GRANTING A TIME EXTENSION IN ZONING CASE NO. 423.
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 Mrs. Stephanie Enright
with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting a modification to the
condition of approval for a Variance to the side yard setback
requirements to construct additions to the nonconforming residence,
and Site Plan Review. The m:od_fication rec.uested is to extend the
allowable time period for further design study for permanent repair
of the residential structure that has been severely affected by
land movement.
Section 2. The Commission considered this item at its meeting
on December 17, 1991 at which time information was presented
indicating that the extension of time is necessary due to the need
for final approval by the Los Angeles County Soils & Geology
Division.
Section 3. Based upon information and evidence submitted, the
-Planning Commission does hereby amend Paragraph B, Section 7 of
Resolution No. 90-9-A and Paragraph 2, Section 3 of Resolution No.
91-10 to read as follows:
"B. The Variance approvals shall expire within two years
of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of
Resolution No. 90-9-A shall continue to be in full force and
effect.
PASSED, APPROVED A"lam nDOP __ THIErTH DEFY—C DECEMEER 1991.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
/�. �c SeLc7e..e4_,
DIANE SAWYER,('DEPUTYICITY CLERK
RESOLUTION NO. 91-32
PAGE 2
The foregoing Resolution No. 91-32 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-9-A
GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN
REVIEW APPROVAL AND APPROVING A MODIFICATION TO RESOLUTION NO.
91-10 GRANTING A TIME EXTENSION 'IN ZONING CASE NO. 423.
was approved and adopted at a regular adjourned meeting of the
Planning Commission on December17, 1991 by the following roll call
vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS FROST, HANKINS, LAY, RAINE, AND CHAIRMAN
ROBERTS
NONE
NONE
ABSTAIN: NONE
o,(?
DEPUTY CITY CLERK
RESOLUTION NO. 91-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-9-A
GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN
REVIEW APPROVAL IN ZONING CASE NO. 423.
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 Mrs. Stephanie Enright
with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting a modification to the
condition of approval for a Variance to the side yard setback
requirements to construct additions to the nonconforming residence,
and Site Plan Review. The modification requested is to extend the
allowable time period for further design study for permanent repair
of the residential structure that has been severely affected by
land movement.
Section 2. The Commission considered this item at its meeting
on April 16, 1991 at which time information was presented
indicating that the extension of time is necessary due to landslide
movement on the site that has so effected the existing structure as
to require further design study for permanent repair of the damage
as part of the addition and alteration to the structure.
Section 3. Based upon information and evidence submitted, the
Planning Commission does hereby amend Paragraph B, Section 7 of
Resolution No. 90-9-A to read as follows:
"B. The Variance approvals shall expire within eighteen (18)
months of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of
Resolution No. 90-9-A shall continue to be in full force and
effect.
PASSED, APPROVED AND ADOPTED THIS 16TH DA _Q,F A RIL, 1991.
r
01
ALLAN ROBERTS, CHAIRMAN
ATTEST:
Ouw' D*PUTY D PUTY CITY CLERK
RESOLUTION NO. 91-10
Page 2
The foregoing Resolution. No. 91-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO.
90-9-A GRANTING A VARIANCE TO THE. SIDE YARD SETBACK AND
SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 423.
was approved and adopted at a regular meeting of the Pianninc
Commission on April 16, 1991 by the following roll call vote:
AYES: COMMISSIONERS FROST, HANKINS, LAY, RAINE AND CHAIRMAN
ROBERTS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DEP(ITY CITY CLERK
RESOLUTION NO. qn-q-A
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE
TO THE SIDE YARD SETBACK AND SITE PLAN REVIEW
APPROVAL IN ZONING CASE NO. 423
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 Mrs. Stephanie
Enright with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting,a variance to the side yard
setback requirements to construct additions to the nonconforming
residence, and site plan review approval to construct additions to
the existing structure.
Section 2. The Planning Commission conducted a duly
noticed public hearing to consider the application on March 20, 1990
and April 18, 1990; and conducted a field site review on April 7,
1990.
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 other similar properties in the same zone prevent
the owner from making use of the property to the same extent enjoyed
by similar properties. Section 17.16.070 (A) requires a side yard
setback in the RAS-2 to be 35 feet. Pursuant to these Sections, the
Planning Commission finds that:
A. There are exceptional or extraordinary circumstances or
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 vicinity and zone because there
exists topographical and geological constraints that
justify the continued encroachment since the residential
structure cannot be significantly expanded into the front
and rear yard due to the current developmental pattern of
the site.
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 other
nonconforming residences with reduced side yard setbacks
exist in the 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 because the proposed project will
attempt to stabilize the geological condition of the site,
and will be compatible with surrounding properties, since
the proposed expansion of the residence would result in no
greater incursion into the side yard setback than the
existing incursion.
Section 4. Based on the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 423 to
permit encroachment of residential additions into the side yard
setbacks, as indicated on the development plan submitted with this
application and incorporated herein by reference as Exhibit A,
subject to the conditions set forth in Section 7 of this Resolution.
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.
fact:
Section 6. The Commission makes following findings of
A. The proposed development 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 lot
coverage requirements. The lot has a net square foot area
of 38,242 square feet. The residential structure, garage,
wood deck and swimming pool will have 7,018 square feet
which constitutes 18.35% of the lot, which is within the
maximum 20% structural lot coverage requirement. The total
lot coverage including paved areas and driveway will be
10,731 square feet which equals 28.06% of the lot, which is
within the 35% maximum overall lot coverage requirement.
The proposed project is similar and compatible with
neighboring development patterns.
B. The proposed development 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)
because no further grading for the project is required,
thereby preserving the existing slope and mature trees.
C. The development plan follows natural contours of the site
to minimize grading because the existing drainage courses
will not be affected by the project.
D. The development plan preserves surrounding native
vegetation and supplements it with landscaping that is
compatible with and enhances the rural character of the
community.
E. The development plan substantially preserves the natural
and undeveloped state of the lot by minimizing building
coverage because the proposed additions will generally
occur on the existing building pad and total structural lot
coverage will not be exceeded.
F. The proposed development is harmonious in scale and mass
with the site, the natural terrain and surrounding
residences because the proposed project is minimal scale
thereby not requiring further grading or impairing views
from surrounding residences.
G. The proposed development is sensitive and not detrimental
to convenience and safety of circulation for pedestrians
and vehicles because the proposed project will not impact
the roadway.
H. The project conforms with the requirements of the
California Environmental Quality Act and is categorically
exempt from environmental review.
Section 7. Based upon the foregoing findings the Planning
Commission hereby approves the site plan review application for a
proposed residential project to the property located at 35 Chuckwagon
Road as indicated on the development plan attached hereto as "Exhibit
A" and subject to the following conditions:
A. The variance to the side yard setbacks as indicated on the
Development plan shall not be effective if the existing
residential structure as demolished.
B. The variance approvals shall expire if not used in one year
from the effective date of approval as defined as specified
in Section 17.32.110 of the Municipal Code.
C. The proposed building plan must be approved by the Rolling
Hills Community Association Architectural Committee before
the applicant receives a grading permit form the County of
Los Angeles.
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.
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 to of the cost estimate
of the landscaping plus 15% may be required to be posted
and retained with the City for not less than two yearsafter
landscape installation. The retained bond will be released
by the City after the City Manager determ'�.-•:.:..w hat the
landscaping was installed pursuant the 1.nd'ca-''g plan as
approved, and that such landscaping is p operty .tablished
and in good condition.
F. The working drawings submitted to the County .°-,N. went of
Building and Safety for plan check must conformto the
development plan approved with this site plan review.
G. Any modifications to the development plans 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.
H. The applicant shall execute an affidavit of acceptance of
all conditions pursuant to Section 17.32.087 or this
variance and site plan review approval shall notbe
effective.
ATTEST:
PASSED, APPROVED AND ADOPTED this 5th day May,, 1990.
f
Depu , ity Clerk'
/s/ Allan Roberts
Chariman
RESOLUTION NO. 91-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-9-A
GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN
REVIEW APPROVAL IN ZONING CASE NO.'423.
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 Mrs. Stephanie Enright
with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting a modification to the
condition of approval for a Variance to the side yard setback
requirements to construct additionsto the nonconforming residence,
and Site Plan Review. The modification requested is to extend the
allowable time period for further design study for permanent repair
of the residential structure that has,, been severely affected by
land movement.
Section 2. The Commission considered'this item at its meeting
on April 16, 1991 at which time information was presented
indicating that the extension of time is necessary due to landslide
movement on the site that has so effected the existing structure as
to require further design study for permanent repair of the damage
as part of the addition and alteration to the structure.
Section 3. Based upon information and evidence submitted, the
Planning Commission does hereby amend Paragraph B, Section 7 of
Resolution No. 90-9-A to read as follows:
"B. The Variance approvals shall expire within eighteen (18)
months of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of
Resolution No. 90-9-A shall continue to be in full force and
effect.
PASSED, APPROVED AND ADOPTED THIS 16TH DAj _4 APRIL, 1991.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
DIANE'SAWYER, D$PUTY CITY CLERK
RESOLUTION NO. 91-10
Page 2
The foregoing Resolution No. 91-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO.
90-9-A GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND
SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 423.
was approved and adopted at a regular meeting of the Planning
Commission on April 16, 1991 by the following roll call vote:
AYES: COMMISSIONERS FROST, HANKINS, LAY, RAINE AND CHAIRMAN
ROBERTS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DEPUTY CITY CLERK
RESOLUTION NO. 91-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-9-A
GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN
REVIEW APPROVAL IN ZONING CASE NO. 423.
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 Mrs. Stephanie Enright
with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting a modification to the
condition of approval for a Variance to the side yard setback
requirements to construct additions to the nonconforming residence,
and Site Plan Review. The modification requested is to extend the
allowable time period for further design study for permanent repair
of the residential structure that has been severely affected by
land movement.
Section 2. The Commission considered this item at its meeting
on April 16, 1991 at .which time information was presented
indicating that the extension of time is necessary due to landslide
movement on the site that has so effected the existing structure as
to require further design study for permanent repair of the damage
as partof the addition and alteration to the structure.
Section 3. Based upon information and evidence submitted, the
Planning Commission does hereby amend Paragraph B, Section 7 of
Resolution No. 90-9-A to read as follows:
"B. The Variance approvals shall expire withinleighteen (18)
months of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of
Resolution No. 90-9-A shall continue to be in full force and
effect.
PASSED, APPROVED AND ADOPTED THIS 16TH DAF APRIL, 1991.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
DIANE1SAWYER, D PUTY CITY CLERK
RESOLUTION NO. 91-10
Page 2
The foregoing Resolution No. 91-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO.
90-9-A GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND
SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 423.
was approved and adopted at a regular meeting of the Planning
Commission on April 16, 1991 by the following roll call vote:
AYES: COMMISSIONERS FROST, HANKINS, LAY, RAINE AND CHAIRMAN
ROBERTS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DEPUTY CITY CL RK
•
RESOLUTION NO. 9n-q-A
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE
TO THE SIDE YARD SETBACK AND SITE PLAN REVIEW
APPROVAL IN ZONING CASE NO. 423
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 Mrs. Stephanie
Enright with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting a variance to the side yard
setback requirements to construct additions to the nonconforming
residence, and site plan review approval to construct additions to
the existing structure.
Section 2. The Planning Commission conducted a duly
noticed public hearing to consider the application on March 20, 1990
and April 18, 1990; and conducted a field site review on April 7,
1990.
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 other similar properties in the same zone prevent
the owner from making use of the property to the same extent enjoyed
by similar properties. Section 17.16.070•(A) requires a side yard
setback in the RAS-2 to be 35 feet. Pursuant to these Sections, the
Planning Commission finds that:
A. There are exceptional or extraordinary circumstances or
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 vicinity and zone because there
exists topographical and geological constraints that
justify the continued encroachment since the residential
structure cannot be significantly expanded into the front
and rear yard due to the current developmental pattern of
the site.
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 other
nonconforming residences with reduced side yard setbacks
exist in the 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 because the proposed project will
attempt to stabilize the geological condition of the site,
and will be compatible with surrounding properties, since
• •
the proposed expansion of the residence would result in no
greater incursion into the side yard setback than the
existing incursion.
Section 4. Based on the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 423 to
permit encroachment of residential additions into the side yard
setbacks, as indicated on the development plan submitted with this
application and incorporated herein by reference as Exhibit A,
subject to the conditions set forth in Section 7 of this Resolution.
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.
fact:
Section 6. The Commission makes following findings of
A. The proposed development 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 lot
coverage requirements. The lot has a net square foot area
of 38,242 square feet. The residential structure, garage,
wood deck and swimming pool will have 7,018 square feet
which constitutes 18.35% of the lot, which is within the
maximum 20% structural lot coverage requirement. The total
lot coverage including paved areas and driveway will be
10,731 square feet which equals 28.06% of the lot, which is
within the 35% maximum overall lot coverage requirement.
The proposed project is similar and compatible with
neighboring development patterns.
B. The proposed development 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)
because no further grading for the project is required,
thereby preserving the existing slope and mature trees.
C. The development plan follows natural contours of the site
to minimize grading because the existing drainage courses
will not be affected by the project.
D. The development plan preserves surrounding native
vegetation and supplements it with landscaping that is
compatible with and enhances the rural character of the
community.
• •
E. The development plan substantially preserves the natural
and undeveloped state of the lot by minimizing building
coverage because the proposed additions will generally
occur on the existing building pad and total structural lot
coverage will not be exceeded.
F. The proposed development is harmonious in scale and mass
with the site, the natural terrain and surrounding
residences because the proposed project is minimal scale
thereby not requiring further grading or impairing views
from surrounding residences.
G. The proposed development is sensitive and not detrimental
to convenience and safety of circulation for pedestrians
and vehicles because the proposed project will not impact
the roadway.
H. The project conforms with the requirements of the
California Environmental Quality Act and is categorically
exempt from environmental review.
Section 7. Based upon the foregoing findings the Planning
Commission hereby approves the site plan review application for a
proposed residential project to the property located at 35 Chuckwagon
Road as indicated on the development plan attached hereto as "Exhibit
A" and subject to the following conditions:
A. The variance to the side yard setbacks as indicated on the
Development plan shall not be effective if the existing
residential structure as demolished.
B. The variance approvals shall expire if not used in one year
from the effective date of approval as defined as specified
in Section 17.32.110 of the Municipal Code.
C. The proposed building plan must be approved by the Rolling
Hills Community Association Architectural Committee before
the applicant receives a grading permit form the County of
Los Angeles.
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.
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 to of the cost estimate
of the landscaping plus 15% may be required to be posted
• •
and retained with the City for not less than two yearsafter
landscape installation. The retained bond will be released
by the City after the City Manager determines that the
landscaping was installed pursuant the landscaping plan as
approved, and that such landscaping is property 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 plans 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.
H. The applicant shall execute an affidavit of acceptance of
all conditions pursuant to Section 17.32.087 or this
variance and site plan review approval shall not be
effective.
PASSED, APPROVED AND ADOPTED this 5th day May, 1990.
/s/ Allan Roberts
Chariman
ATTEST:
Depu4f4/Q42b
y Clerk'
RESOLUTION NO. q0-9-A
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE
TO THE SIDE YARD SETBACK AND SITE PLAN REVIEW
APPROVAL IN ZONING CASE NO. 423
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 Mrs. Stephanie
Enright with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting a variance to the side yard
setback requirements to construct additions to the nonconforming
residence, and site plan review approval to construct additions to
the existing structure.
Section 2. The Planning Commission conducted a duly
noticed public hearing to consider the application on March 20, 1990
and April 18, 1990; and conducted a field site review on April 7,,
1990.
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 other similar properties in the same zone prevent
the owner from making use of the property to the same extent enjoyed
by similar properties. Section 17.16.070 (A) requires a side yard
setback in the RAS-2 to be 35 feet. Pursuant to these Sections, the
Planning Commission finds that:
A. There are exceptional or extraordinary circumstances or
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 vicinity and zone because there
exists topographical and geological constraints that
justify the continued encroachment since the residential
structure cannot be significantly expanded into the front
and rear yard due to the current developmental pattern of
the site.
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 other
nonconforming residences with reduced side yard setbacks
exist in the 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 because the proposed project will
attempt to stabilize the geological condition of the site,
and will be compatible with surrounding properties, since
110
the proposed expansion of the residence would result in no
greater incursion into the side yard setback than the,
existing incursion.
Section 4. Based on the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 423 to
permit encroachment of residential additions into the side yard
setbacks, as indicated on the development plan submitted with this
application and incorporated herein by reference as Exhibit A,
subject to the conditions set forth in Section 7 of this Resolution.
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.
fact:
Section 6. The Commission makes following findings of
A. The proposed development 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 lot
coverage requirements. The lot has a net square foot area
of 38,242 square feet. The residential structure, garage,
wood deck and swimming pool will have 7,018 square feet
which constitutes 18.35% of the lot, which is within the
maximum 20% structural lot coverage requirement. The total
lot coverage including paved areas and driveway will be
10,731.square feet which equals 28.06% of the lot, which is
within the 35% maximum overall lot coverage requirement.
The proposed project is similar and compatible with
neighboring development patterns.
B. The proposed development 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)
because no further grading for the project is required,
thereby preserving the existing slope and mature trees.
C. The development plan follows natural contours of the site
to minimize grading because the existing drainage courses
will not be affected by the project.
D. The development plan preserves surrounding native
vegetation and supplements it with landscaping that is
compatible with and enhancesthe rural character of the
community.
•
E. The development plan substantially preserves the natural
and undeveloped state of the lot by minimizing building
coverage because the proposed additions will generally
occur' on the existing building pad and total structural lot
coverage will not be exceeded.
F. The proposed development is harmonious in scale and mass
with the site, the natural terrain and surrounding
residences because the proposed project is minimal scale
thereby not requiring further grading or impairing views
from surrounding residences.
G. The proposed development is sensitive and not detrimental
to convenience and safety of circulation for pedestrians
and vehicles because the proposed project will not impact
the roadway.
H. The project conforms with the requirements of the
California Environmental Quality Act and is categorically
exempt from environmental review.
Section 7. Based upon the foregoing findings the Planning
Commission hereby approves the site plan review application for a
proposed residential project to the property located at 35 Chuckwagon
Road as indicated on the development plan attached hereto as "Exhibit
A" and subject to the following conditions:
A. The variance to the side yard setbacks as indicated on the
Development plan shall not be effective if the existing
residential structure as demolished.
B. The variance approvals shall expire if not used in one year
from the effective date of approval as defined as specified
in Section 17.32.110 of the Municipal Code.
C. The proposed building plan must be approved by the Rolling
Hilts Community Association Architectural Committee before
the applicant receives a grading permit form the County of
Los Angeles.
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.
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 to of the cost estimate'
of the landscaping plus 15% may be required to be posted
and retained with the City for not less than two yearsafter
landscape installation. The retained bondwill be released
by the City after the City Manager determines that the
landscaping was installed. pursuant the landscaping plan as
approved, and that such landscaping is property 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 plans 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.
H. The applicant shall execute an affidavit of acceptance
all conditions pursuant to Section 17.32.087 or this
variance and site plan review approval shall not be
effective.
ATTEST:
PASSED, APPROVED AND ADOPTED this 5th day May, 1990.
4066A.
Deput, sty Clerk
/s/ Allan Roberts
Chariman
of
RESOLUTION NO. 91-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-9-A
GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND SITE PLAN
REVIEW APPROVAL IN ZONING CASE NO. 423.
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 Mrs. Stephanie Enright
with respect to real property located at 35 Chuckwagon Road,
Rolling Hills (Lot 18-CF) requesting a modification to the
condition of approval for a Variance to the side yard setback
requirements to construct additions to the nonconforming residence,
and Site Plan Review. .The modification requested is to extend the
allowable time period for further design study for permanent repair
of the residential structure that has been severely affected by
land movement.
Section 2. The Commission considered this item at its meeting
on April 16, 1991 at which time information was presented
indicating that the extension of time is necessary due to landslide
movement on the site that has so effected the existing structure as
to require further design study for permanent repair of the damage
as part of the addition and alteration to the structure.
Section 3. Based upon information and evidence submitted, the.
Planning Commission does hereby amend Paragraph B, Section 7 of
Resolution No. 90-9-A to read as follows:
"B. The Variance approvals shall expire within eighteen (18)
months of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of
Resolution No. 90-9-A shall continue to be in full force and
effect.
PASSED, APPROVED AND ADOPTED THIS 16TH DA F APRIL, 1991.
ksTA
ire
ALLAN ROBERTS, CHAIRMAN
ATTEST:
DIANE#'SAWYER, D$PUTY CITY CLERK
0-
RESOLUTION NO. 91-10
Page 2
.The foregoing Resolution No. 91-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO.
90-9-A GRANTING A VARIANCE TO THE SIDE YARD SETBACK AND
SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 423.
was approved and adopted at a regular meeting of the Piannino
Commission on April 16, 1991 by the following roll call vote:
AYES: COMMISSIONERS FROST, HANKINS, LAY, RAINE AND CHAIRMAN
ROBERTS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DEP TY CITY CLERK