0889RESOLUTION NO. 889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO CONSTRUCT A RESIDENTIAL
ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK,
GRANTING A VARIANCE TO CONSTRUCT A STABLE TO ENCROACH
INTO THE FRONT YARD SETBACK AND GRANTING SITE PLAN
REVIEW APPROVAL TO AUTHORIZE GRADING AT A SINGLE FAMILY
RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO.
616.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND,
RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. Kenneth J. Johnson with
respect to real property located at 29 Middleridge Lane South (Lot 248 -A -1 -UR), Rolling Hills,
requesting the following: (1) modify a previously approved Variance for the construction of a
residential addition to encroach into the front yard setback, (2) modify a previously approved
Variance for the construction of a stable to encroach into the front yard setback, and (3) modify
a previously approved Site Plan Review to authorize grading at a single family residence.
Section 2. The Planning Commission conducted a duly noticed public hearing to
consider the applications on June 20, 2000, July 18, 2000, and at a field trip visit on July 15, 2000.
The applicants were 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 proposal and from members of the City staff and the Planning Commission having
reviewed, analyzed and studied said proposal. The applicants were in attendance at the
hearing.
Section 3. On August 15, 2000, the Planning Commission approved the application
by Resolution No. 2000-18 in Zoning Case No. 616.
Section 4. On August 28, 2000, the City Council took jurisdiction of Zoning Case No.
616.
Section 5. The City Council conducted a duly noticed public hearing to consider the
case on September 11, 2000, September 25, 2000, and at a field trip visit on September 25, 2000.
The applicants were 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 proposal, from all persons protesting the same, and from members of the City staff and the
City Council having reviewed, analyzed and studied said proposal. The applicants were in
attendance at the hearings. The following concerns were expressed by the Council: the ability
to maintain the pad area below the house for equestrian use only, the need for a fence
establishing the equestrian area, that no structures shall be permitted on the graded pad, that
the graded pad shall be smoothed to a more natural condition, that slopes adjacent to the
canyon be returned to a 2:1 slope ratio, the need for a landscape plan incorporating California
Native vegetation similar to that in the adjacent canyon, and the need for a drainage plan to be
approved by the County.
Section 6. The Planning Commission found that the project qualifies as a Class 1, 3,
and 4 Exemption [State CEQA Guidelines, Section 15301(e), 15303(e) and 15304] and is
therefore categorically exempt from environmental review under the California Environmental
Quality Act.
Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zoning Ordinance
when exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. Section
17.16.110 requires a front yard of fifty feet (50') from the front easement line. The applicant is
requesting to add a 1,200 square foot residential addition at the southwest corner of the
residence attached by a breezeway that will encroach twenty-five (25) feet into the fifty (50)
foot front yard setback. With respect to this request for a Variance, the City Council 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. The lot is an irregular-shaped lot. The existing legal nonconforming residence was built
within the front yard setback and the existing building pad is located close to the street. The
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residential addition will be constructed to align with the existing structure. Due to the
irregular shape of the lot and the siting of the existing house on the lot, it would be infeasible
to construct the addition without encroaching into the required setback.
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 grading was minimized to
increase the building pad on this irregular shaped lot and there will not be any greater
incursion into the front yard setback than already exists at the site and at other property in the
same vicinity. The Variance will permit the development of the property in a manner similar
to development patterns on surrounding properties. The location of the building pad dictates
that the proposed addition be set forward on the lot because the existing structure was not
constructed under current setback standards and the building pad is situated close to the
street.
C. The granting of the Variance will 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. Development on the pad will allow a substantial portion of the lot to
remain undeveloped.
Section 8. Based upon the foregoing findings, the City Council hereby approves the
request for a Variance in conjunction with Zoning Case No. 616 to permit the proposed project
to encroach a maximum of twenty-five feet (25') into the fifty foot (50') front yard setback,
subject to the conditions specified in Section 13.
Section 9. Section 17.16.200 of the Rolling Hills Municipal Code requires that stables
and corrals not be constructed in the front yard. The applicant is requesting to construct a
2,600 square foot stable in the front yard. With respect to this request for a Variance, the City
Council 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. The lot is an irregular shaped lot. The existing legal nonconforming residence was built
within the front yard setback and the existing building pad for the stable is located close to the
street. The required stable cannot be physically located anywhere other than the proposed
location in the required setback due to the topography and irregular shape 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. The Variance is necessary because grading will not be required to
increase the building pad for the stable on this irregular shaped lot and there will not be any
greater incursion into the front yard setback than already exists at the existing site and at other
property in the same vicinity. Also, granting of the Variance will permit the development of
the property in a manner similar to development patterns on surrounding properties. The
Variance is necessary because the Rolling Hills Municipal Code requires that every lot have a
site that is readily accessible and suitable for a stable and corral, and the only site on the
property for a stable and corral requires encroachment into the front yard.
C. The granting of the Variance will 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. Development on the pad will allow a substantial portion of the lot to
remain undeveloped.
Section 10. Based upon the foregoing findings, the City Council hereby approves the
request for a Variance in conjunction with Zoning Case No. 616 to permit the construction of a
2,600 square foot stable in the front yard, subject to the conditions specified in Section 13.
Section 11. Section 17.46.020 of the Rolling Hills Municipal Code requires a
development plan to be submitted for site plan review and approval before any grading that
requires a grading permit or any new building or structure may be constructed. The applicants
request Site Plan Review to authorize the maintenance of grading at a single family residence.
With respect to the Site Plan Review application, the City Council makes the following
findings of fact:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses. The grading, as conditioned, complies with the General
Plan requirement of low profile, low density residential development with sufficient open
space between surrounding structures. With the Variances approved in Sections 7 and 9, the
project conforms to Zoning Code setback and lot coverage requirements. The lot has a net
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square foot area of 103,237 square feet. The residence (4,984 8q.ft.), attached garage (704 sq.ft.),
pool (472 sq.ft.), stable (2,600 sq.ft.), and service yard (96 sq.ft.) will have 8,856 square feet
which constitutes 8.6% of the lot which is within the maximum 20% structural lot coverage
requirement. The total lot, coverage including paved areas and driveway will be 13,784
square feet which equals 13.4% of the lot, which is within the 35% maximum overall lot
coverage requirement. The proposed project is on a relatively large irregular-shaped lot with
most of the structures located at or below and away from the road so as to reduce the visual
impact of the development.
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). A minimum amount of grading will be required and will only be done
to provide approved drainage that will flow away from the proposed structures, the existing
residence, and neighboring residences.
C. The development plan follows the natural contours of the site to minimize grading
and the natural drainage courses will continue to the canyons at the west side of this lot.
D. The development plan incorporates existing large trees and native vegetation to the
maximum extent feasible. Specifically, the development plan preserves several mature trees
and shrubs.
E. 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
structural and total lot coverage to be exceeded. Further, the proposed project is designed to
minimize grading. Significant portions of the lot will be left undeveloped so as to maintain
scenic vistas across the northwesterly portions of the property.
F. 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 will not be exceeded and the proposed project is consistent with the scale
of the neighborhood when compared to this irregular-shaped lot. Any additional grading
shall be permitted only to restore the natural 2:1 slope of the property as it meets the canyons.
G. The proposed development is sensitive and not detrimental to the convenience and
safety of circulation for pedestrians and vehicles. The proposed project will utilize the same
driveway to Middleridge Lane South for access.
H. The project conforms with the requirements of the California Environmental
Quality Act and is categorically exempt from environmental review.
Section 12. Based upon the foregoing findings, the City Council hereby approves
the Site Plan Review request to allow grading, allow proposed limited grading and to allow
the construction of residential additions and a stable at an existing single family residence, as
indicated on the Development Plan reviewed by the City Council on September 25, 2000 and
dated June 14, 2000 and marked Exhibit A, subject to the conditions specified in Section 10-13.
Section 13. The Variances regarding encroachments approved in Sections 7 and 9 of
this Resolution 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 applicants have not pulled the appropriate building permits
and commenced work as defined in Sections 17.38.070(A) and 17.46.080(A) of the Rolling Hills
Municipal Code unless 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 applicants have 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 Buildings and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied with
unless otherwise set forth in the Permit, or shown otherwise on an approved plan.
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D. The lot shall be developed and maintained in substantial conformance with the
site plan on file marked Exhibit A and dated June 14, 2000, except as otherwise provided in
these conditions.
E. The property on which the project is located shall contain an area of sufficient
size to also provide an area meeting all standards for a stable and corral with vehicular access
thereto in conformance with site plan review limitations.
F. Structural lot coverage shall not exceed 8,856 square feet or 8.6% in conformance
with lot coverage limitations.
G. Total lot coverage of structures and paved areas shall not exceed 13,784 square
feet or 13.4% in conformance with lot coverage limitations.
H. The disturbed area of the lot shall not exceed 41,294 square feet or 40.0% in
conformance with lot coverage limitations.
Building pad coverage shall not exceed 55.2%.
J. There shall be no further grading for the project beyond the 4,650 cubic yards of
cut soil and the 4,650 cubic yards of fill soil that has already taken place, other than is
necessary to restore the slopes adjacent to the canyons to a 2:1 slope.
K. The stable loft shall not have glazed openings but, may have usable shutters.
L. Any stable loft shall be limited in use to the storage of feed, tack and stable
equipment.
M. The stable shall be used for the exclusive purpose of keeping permitted domestic
animals. Commercial uses are not permitted.
N. Landscaping shall be designed to incorporate mature trees and shrubs so as not
to obstruct views of neighboring properties but to obscure the residence.
O. Landscaping shall include water efficient irrigation, to the maximum extent
feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers,
incorporates an irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and utilizes means to reduce water waste resulting from runoff and
overspray in accordance with Section 17.27.020 (Water efficient landscaping requirements) of
the Rolling Hills Municipal Code.
P. The landscape plan shall include appropriate planting of the hillsides and lower
created pad which has been denuded by periodic discing and grading with low growing
ground cover. The landscaping plan shall include California native plants similar to the
existing natural vegetation in the canyon adjacent to the pad area below the house.
Q. Two copies of a landscape plan shall be submitted for review and approval by
the Planning Department and shall include native drought -resistant vegetation that will not
disrupt the impact of the views of neighboring properties prior to the issuance of any building
permit. The landscaping plan submitted shall 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 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 City Manager determines (i) that the landscaping was
installed pursuant to the landscaping plan as approved and (ii) that such landscaping is
properly established and in good condition.
R. The pad area below the home shall be maintained for equestrian use only;
S. No structures shall be permitted in the pad area below the home;
T. The pad area below the home may be encircled or otherwise delineated by the
applicant installing a white three rail fence.
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U. The graded pad area shall be smoothed out to a more natural state and slopes
adjacent to the pad area and canyons on the property shall be returned to a 2:1 slope.
V. The applicant shall provide a drainage plan for the lower pad area subject to
County approval.
W. During construction, dust control measures shall be used to stabilize the soil from
wind erosion and reduce dust and objectionable odors generated by construction activities in
accordance with South Coast Air Quality Management District, Los Angeles County and local
ordinances and engineering practices.
X. During construction, conformance with local ordinances and engineering practices
so that people or property are not exposed to landslides, mudflows, erosion, or land
subsidence shall be required.
Y. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required.
Z. During and after construction, all soil preparation, drainage, and landscape
sprinklers shall protect the building pad from erosion and direct surface water to the rear of
the lot at the northwest.
AA. During construction, an applicant prepared Erosion Control Plan containing the
elements set forth in Section 7010 of the 1996 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.
AB. 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.
AC. 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.
AD. The drainage plan system shall be modified, subject to review and approval by
the Planning Department and City Engineer, to include any water from any site irrigation
systems. All drainage from the site shall be conveyed in an approved manner to the rear or
northeast of the lot.
AE. 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 stormwater drainage facilities.
AF. 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.
AG. A detailed drainage plan that conforms to the development plan as approved by
the City Council shall be submitted to the Rolling Hills Planning Department staff for their
review and approval.
AH. The project shall be reviewed and approved by the Rolling Hills Community
Association Architectural Review Committee prior to the issuance of any drainage, building or
grading permit.
Al. The working drawings submitted to the County Department of Building and
Safety for plan check review shall conform to the development plan described in Condition D.
AJ. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the project which would constitute additional
grading or structural development shall require the filing of a new application for approval
by the Planning Commission.
AK. Prior to the submittal of an applicable final building plan to the County of Los
Angeles for plan check, a detailed drainage plan with related geology, soils and hydrology
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reports that conform to the development plan as approved by the City Council must be
submitted to the Rolling Hills Planning Department staff for their review and approval.
AL. The applicants shall execute an Affidavit of Acceptance of all conditions of these
Variance and Site Plan Review approvals, pursuant to Section 17.38.060, or the approvals shall
not be effective.
AM. All conditions of these Variance and Site Plan Review approvals shall be
complied with prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF
MAYOR
ATTEST:
MARILYI`� ERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 889 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO CONSTRUCT A RESIDENTIAL
ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK,
GRANTING A VARIANCE TO CONSTRUCT A STABLE TO ENCROACH
INTO THE FRONT YARD SETBACK AND GRANTING SITE PLAN
REVIEW APPROVAL TO AUTHORIZE GRADING AT A SINGLE FAMILY
RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO.
616.
was approved and adopted at a regular meeting of the City Council on October 9, 2000 by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock
and Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
, . K,
DEPUTY CITY tLERK
Resolution No. 889 -6-