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none, Plans only - remove side walls, Resolutions & Approval ConditionsJ RESOLUTION NO. 2002-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW APPROVAL FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND GRANTING A VARIANCE REQUEST TO ENCROACH WITH A WALL INTO THE FRONT YARD SETBACK AT 1 SAGEBRUSH LANE IN ZONING CASE NO. 637-REVISED, (FAN). Exiiwlr"A" THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. Fan with respect to real property located at 1 Sagebrush Lane, Rolling Hills, (Lot 100-A-2-RH), CA requesting a Site Plan Review to permit grading and construction of a new residence with a pool and requesting a Variance to permit a retaining wall to encroach into the front yard setback at a vacant property. Section 2. The Planning Commission adopted Resolution No. 2001-20 at the October 16, 2001 meeting approving the construction of a new single family residence, with a guesthouse, pool, future stable and a wall, which would encroach into the front yard setback at a vacant lot at 1 Sagebrush Lane. Section 3. Staff reported the Commission's action to the City Council at its October 22, 2001 meeting. The Council expressed concerns about the calculations for the disturbed area and questioned whether the "double private" road (Sagebrush Lane), was included in the calculations for the disturbed lot area and deducted from the calculations for the net lot area. Ultimately, the City Council took jurisdiction of the case on November 12, 2001, and remanded it back to the Planning Commission. Section 4. Between the October and the November City Council meetings, staff met with the applicant's representative several times to determine if the Municipal Code has been properly applied in measuring the net lot area and disturbed area. It was confirmed that the "double driveway" was deducted from the net lot area, however it was not included in the disturbed area. Section 5. The architect revised the site plan, and is currently requesting to construct a 7,272 square foot house with 920 square foot garage, 5,814 square foot basement, 315 square foot swimming pool and a 450 square foot future stable. No guesthouse is proposed with this application. A 4-foot retaining wall is proposed in the front yard setback to allow for the construction of the driveway. Section 6. The Planning Commission conducted duly noticed public hearing to consider the applications on December 18, 2001. The Commission visited the site on August 6, 2001 when the original application was being considered. The applicant was notified of the public hearing in writing by first class mail. Evidence was heard and ZC 637-Revised Reso. 2002-02 presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. Section 7. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 8. Section 17.16.110 of the Municipal Code requires that front yard setback be fifty (50) feet from the roadway easement line. Sections 17.38.010 through 17.38.050 permit approval of a Variance from the standards and requirements of the Zoning Code 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. The applicant is requesting permission to allow one, not to exceed 4-feet high and 120 feet long, retaining wall to be located in the front yard setback area. 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 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 is developed with a substantial slope from the front property line to the 50-foot front yard setback line. The proposed retaining wall will assist in preventing an existing slope from potential collapse, and will protect the hillside from damage due to erosion. . 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 due to the existing grade and irregular shape of the property, the placement of the house and driveway require a small cut into the toe of the slope. 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 wall will be incorporated into the landscaping and will contain planters. In addition, the wall will not be visible from the public right-of-way and will be screened by existing mature trees. Construction of said wall would eliminate the necessity for any additional grading on the hillside. Section 9. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance to permit the construction of a retaining wall that will be located in the front yard setback, in accordance with the development plan dated December 12, 2001, and marked Exhibit A in Zoning Case No. 637-Revised, subject to the conditions contained in Section 12 of this resolution. Section 10. Section 17.46.030 of the Rolling Hills Municipal Code requires a development plan to be submitted for site plan review and approval before any grading requiring a grading permit or any building or structure may be constructed or any ZC. 637Revised Reso.2002-02 2 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 at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting construction of the new house, pool, and future stable at an existing vacant lot, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structures comply with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback, except as approved in Section 9 above, and lot coverage requirements. The lot has a net square foot area of 73,335 square feet. The proposed residence (7,272 sq.ft.), garage (920 sq.ft.), swimming pool (315 sq.ft.), and a future stable (450 sq.ft.) will have 8,957 square feet which constitutes 12.2% structural coverage of the lot which is within the maximum 20% structural lot coverage requirement. A 5,814 square foot basement is also proposed. The total lot coverage including paved areas and driveway, including the "double private" road will be 24,033 square feet, which equals 32.8% of the net lot which is within the 35% maximum overall net lot coverage requirement. The proposed project is screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot will be 40.0%, which is within the 40% maximum permitted. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the property. The structures proposed will not be visible from Blackwater Canyon Road. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house, pool, and future stable will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structures will be constructed on a portion of the lot which is the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs which at maturity will not exceed 25 feet in height, is of sufficient distance from nearby residences so that proposed structures will not impact the view or privacy of surrounding neighbors, will improve slope stability through the use of approved drainage, will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan ZC. 637Revised Reso.2002-02 3 preserves dense brush and shrubs and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the northwest side (rear and side) of this lot. Grading for this project will involve 1,485 cubic yards of cut and 1,485 cubic yards of fill and will be balanced on site. F. The development plan preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed driveway of off Sagebrush Lane follows natural contours and will require minimal grading. The City of Rolling Hills Traffic Commission reviewed and approved the location and design of the proposed driveway. H. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 11. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 637-Revised for proposed structures as shown on the Development Plan dated December 12, 2001, and marked Exhibit A, subject to the conditions contained in Section 12 of this resolution. Resolution No. 2001-20 is hereby vacated and superceded by this resolution. Section 12. The Variance request to construct a wall within the front yard setback approved in Section 9, and the Site Plan Review approved in Section 11 of this resolution are subject to the following conditions: A. The Variance and Site Plan Review approvals shall expire within one year from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approvals granted are otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Variance and Site Plan Review approvals, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. 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 ZC. 637Revised Reso.2002-02 4 the residence, whichever is lower, so as not to obstruct views of neighboring properties. This section shall apply to the existing and proposed trees and shrubs. P. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall quired to_be, posted prior to issuance of a grading and building permit and a F1-- retained -with-th C:ity fo not less than two years after landscape installa is after—the_two-year p d pp the request of the applicant, the retained bond wilFbe re eased by the City Manager after the City Manager or his designee determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. Q. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. R. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1998 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. S During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. T. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. U. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. V. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of stormwater drainage facilities. X. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. Y. A drainage plan system shall be approved by the Planning Department and County District Engineer, to include any water from any site irrigation systems and that all drainage from the site shall be conveyed in an approved manner. ZC. 637Revised Reso.2002-02 6 Z. A detailed drainage plan and grading plan that conforms to the development plan as approved by the Planning Commission shall be submitted to the Rolling Hills Planning Department staff for their review and approval. AA. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permit. AB. The driveway access to the property shall be from Sagebrush Lane. The construction of the driveway shall comply with the requirements of the Traffic Commission. AC. The Planning Commission has resolved that the front of the property is along Blackwater Canyon Drive. AD. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project, which would constitute additional structural development, shall require the filing of a new application for approval by the Planning Commission. AE. Until the applicant executes an Affidavit of Acceptance of all conditions of the Variance and Site Plan Review approvals, as required by Section 17.42.070 of the Municipal Code, the approvals shall not be effective. AF. All conditions of the Variance and Site Plan approvals that apply shall be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF JANUARY, 2002. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KEIK DEPUTY CITY CLERK ZC. 637Revised Reso.2002-02 7 ,dv\vk Y- Wu.. �l