774, Construct a new 6-car garage ,, Resolutions & Approval Conditions!' K
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20101109465
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Recorded/Fi ed n Off c a Records
Recorder's Office, Los Angeles County,
California
08/10/10 AT 02:44PM
111111111H
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20100810009014
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000278773
002824623
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DAR -Mail (Hard Copy)
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THIS FORM IS NOT TO BE DUPLICATED
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FEES: 42.00
TAXES: 0.00
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PAID: 42.00
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E123753
RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
'11 2011
*20101109465`
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
ZONING CASE NO. 774
I (We) the undersigned state
) §§
XX SITE PLAN REVIEW
XX CONDITIONAL USE PERMIT
I am (We are) the owner(s) of the real property described as follows:
5 WAGON LANE, ROLLING HILLS, (LOT 110-4-RH), CA 90274
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 774 hi
XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT
I (We) certify (or laje) under the penalty of perjury that the foregoing is true and correct.
Signature
Jo 14
Name typed or printed
o. fox 2•S6S
Address rC)(.111 fa in Va l Je() ;CA _Address
q).72o
City/State ...City/State
Signature
Name typed or printed
f , • •
Signatures must be acknowledged by a notary public.
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-06
State of California )
County of his=Mgeles)
O ln/6E 'Q
On 7 /`'/ O . &-O / C0 before me,
S'/1-Vi<I I) . /JEGS(JA/ NO iTh L/ ,6Ie(1 :le.
/
Personally
appeared — %./15'fVN 7-Le -
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ -aye
subscribed to the within instrument and acknowledged to me that he/.sloe/-they executed the same in
his/her/their authorized capacity(ies) and that by his/--e eir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary\164l.�G�
9 ,
l
Seal)
SILVIA D. NELSON
Commisslon 0 1621679
Notcry iu^!Ic - Ct4nm!o
Oron;,o County
rty CC^'n. Er"!rc O: 3,_2O121�y
RESOLUTION NO. 2010-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A DETACHED GARAGE AND A CONDITIONAL USE
PERMIT FOR THE I)ETACIIED GARAGE ON A LOT DEVELOPED WITH A
SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES, IN ZONING
CASE NO. 774 AT 5 WAGON LANE, (LOT 110-4-RH). (TU). PROJECT HAS BEEN
DETERMINED TO BE EXEMP1' FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
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 Mr. and Mrs. John Tu with respect to real property
located at 5 Wagon Lane (Lots 110-4-RI1), Rolling Ilills, requesting a Site Plan Review for grading of
150 cubic yards of cut and 150 cubic yards of fill and construction of a 1,650 square foot detached garage
and access thereto.
Section 2. The Planning Commission conducted duly noticed public hearings to consider the
application on November 16, 2009 and at a field trip on December 15, 2009. At the field trip the
Commission expressed concerns regarding the size and mass of the proposed garage, as well as the
proposed location and compatibility with the neighborhood. The architect requested continuance of the
public hearing, so that he may revise the project. The applicants submitted a revised plan and the Planning
Commission visited the site again on March 16, 2010 and held a public hearing on March 16, 2010 at
their evening meeting. The applicants have further reduced the size of the garage to 1)650 square feet.
The applicants were notified of the public hearings in writing by first class mail. 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'
representatives were in attendance at the hearings.
Section 3. The subject property is zoned RAS-2 and is accessed from Wagon Lane. The lot wraps
around another property on Wagon Lane and also fronts on both sides of Portuguese Bend Road.
Portuguese Bend Road is. a 100-foot roadway easement and cuts through the property. The gross area of
the Iot is 4 acres. Excluding the roadway easements, the lot is 3.4 acres. The net lot area for development
purposes is 3.07 acres or 133,808 square feet. Approximately 43,000 square feet of the lot is located on
the west side of Portuguese Bend Road.
Section 4. The property is currently developed with a 6,506 square foot residence, 547 square
foot attached garage, 170 square foot entryway, 1,038 square foot swimming pool and spa, 108 square
foot service yard, 11 square foot pool equipment area, 128 square foot play equipment (roofed), 185
square foot sheds, 1,782 square foot sports court, 1,526 square foot raised deck attached to the house and
has 1,618 square foot basement. As part of this approval the unpermitted shed, roofed play equipment and
sport court will be demolished.
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Reso. 2010-06
5 Wagon Lane
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Section 5. The Planning Commission finds that the project qualifies as a Class 1 Exemption
[State CT-.QA Guidelines, Section 15301(e)] and is therefore categorically exempt from environmental
review under the California Environmental Quality Act.
Section 6. Section 17.46.030 requires a development plan to he submitted for site plan review
and approval before any development requiring a grading permit or 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 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 grading in
the amount of 150 cubic yards of cut and 150 cubic yards of fill dirt for the project, 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 setbacks, lot coverage requirements, disturbed area requirements
and all other development standards. The grading for construction of the detached garage and recreation
room on a 133,808 square foot net lot would not created an overcrowded or overbuilt condition.
B. The project substantially preserves the natural and undeveloped state of the lot. The
proposed structure will be constructed on mostly existing building pad, including the access. Grading will
be minimal for this structure and a 3-foot out of grade condition will he created for a distance of not more
than 24 feet along the rear of the garage. The project is of sufficient distance from nearby residences so
that the structure will not impact the view or privacy of surrounding neighbors, and will permit the
owners to enjoy their property without deleterious infringement on the rights of surrounding property
owners. Access to the garage will be taken through an existing gravel driveway. The access will be paved
to match the existing driveway to the residence.
• C. The proposed development, as conditioned, is harmonious in scale and mass w ith the site.
The proposed project is located out of sight of the street and will be visible to one neighbor, and is
consistent with the scale of the neighborhood when compared to properties in the vicinity.
D. The development plan substantially preserves the natural and undeveloped state of the lot
and the new detached structure will not cause the lot to look overdeveloped. Significant portions of the lot
will be left undeveloped so as to maintain open sr acc. Adequate area exists on the flat portion of the pad
to construct a stable and corral in the future. A very minimal amount of grading (20 cubic yards) would be
required to construct a stable and corral.
E. The proposed development is sensitive and not detrimental to the convenience and safety
of circulation for pedestrians and vehicles because the proposed project will not change the existing
circulation pattern and will utilize the existing driveway approach.
F. The project is exempt from the requirements of the California Environmental Quality Act.
Section 7. Section 17.16.210(A)(4) of the Rolling Hills Municipal Code permits approval of a
detached garage under certaiq conditions, provided the Planning Commission approves a Conditional Use
Permit. The applicant is requesting to construct a 1,650 square foot detached garage. With respect to this
request for a Conditional Use Permit, the Planning Commission finds as follows:
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5 Wagon Lane
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A. The granting of a Conditional Use Permit for construction of the garage structure would be
consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is
consistent with similar uses in the community and is a permitted use with a CUP. The area proposed for
such structure would not require substantial grading, and such use will not change the existing
contiguration of structures on the lot. Adequate area remains on the property to construct a stable and
corral in the future. With this application several of the unauthorized conditions will be corrected.
13. The nature, condition, and development of adjacent uses, buildings, and structures have
been considered, and the detached structure will not adversely affect or be materially detrimental to these
adjacent uses, buildings, or structures because the proposed use will be screened from the road and is of
sufficient distance from nearby residences so that the structure will not impact the view or privacy of
surrounding neighbors. Due to the existing development. location and configuration of the residence, the
applicants are limited in where a new garage could be constructed.
C. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the detached garage structure will comply with the low profile residential
development pattern of the community and there is adequate area on the property to construct a future
stable and corral, therefore this project would not take away an area for equestrian development in the
future. The roofline of the structure at its highest side will not exceed 16' 1 ".
D. The proposed conditional use complies with all applicable development standards of the
zone district as approved by this Resolution, because it is a permitted use under the Municipal Code.
L. The proposed conditional use is consistent with the portions of the Los Angeles County
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities
because the project :.ite is not listed on the current State of California Hazardous Waste and Substances
Sites List.
Secti9n Based upon the foregoing findings of this Resolution, the Planning Commission
hereby approves the Site Plan Review and Conditional Use Permit in Zoning Case No. 774 to permit
grading and construction of a new 1,650 square foot detached garage structure to contain a earage and
bathroom subject to the following conditions:
A. The Site Plan and CUP approvals shall expire within two years from the effective date of
approval of the project if work has not commenced as defined in Section 17.46.080 of the Zoning
Ordinance, unless otherwise extended pursuant to the requirements of that section.
B. It is declared and made a condition of the approval, 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 Building and Construction Codes, the Zoning Ordinance, and of
the zone in which the subject property is located must be complied with unless otherwise set forth in this
approval, or shown otherwise on an approved plan. This shall include, but not be limited to, the
- requirements of the Lighting Ordinance, Roof Covering Ordinance, Undergrounding of Utilities
Ordinance, Recycling Ordinance and all other requirements.
D. The lot shall be developed and maintained in substantial conformance with the site plan on
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file dated March 17, 2010 and site sections and elevation plans dated March 3, 2010, except as otherwise
provided in these conditions.
E. The detached garage structure shall not exceed 1,650 square feet as measured from the
outside walls, and may contain a bathroom, but not a bathtub, and be further subject to the following
conditions:
a. Shall not be located in the front yard or any setback
h. Maximum height shall not exceed 16.1" from finished grade
c. Vehicular access to be taken from the existing dirt driveway, which may be paved to match the
existing driveway, but shall be roughened if a stable and corral are constructed in the future.
F. There shall be no sleeping quarters, temporary occupancy or any cooking facilities in the
detached garage.
G. Where the detached garage as specified on the approved plan is converted to another use,
without required approvals, the permit granting the detached garage may he revoked, pursuant to Chapter
17.58, and the structure may have to be removed at the cost of the property owner.
H. Widening of the access to the garage is allowed, but shall not exceed 15 feet in width. The
access to the project shall be reviewed and approved by the Fire Department.
I. There shall be a minimum of 25-foot back up area from the garage and a not to exceed 5-
foot walls may be constructed along the limits of the hack up area.
J. All utility lines serving the detached garage shall be placed underground.
K. The unpermitted sports court, shed and play equipment shall be demolished and the areas
landscaped.
L. Structural lot coverage shall not exceed 12,48S square feet or 9.3% in conformance with
lot coverage limitations of the Zoning Ordinance.
M. Total lot coverage of structures and paved areas shall not exceed 28,186 square feet or
2 1.1 % in conformance with lot coverage limitations of the Zoning Ordinance.
N. The disturbed area of the lot shall not exceed 51,917 square feet or 38.8% in conformance
with 40% maximum lot disturbance limitations.
O. Residential building pad coverage on the 45,075 square foot existing building, pad shall not
exceed 9,906 square feet or 21.9%. The coverage on the proposed 5,440 square foot garage/stable
building pad shall not exceed 1,650 square feet for the garage and 932 square foot future sta`'le or 47.5%.
P. Grading for this project shall not exceed 150 cubic yards of cut and 150 cubic yards of till
and shall be balanced on site.
Q. The property on which the project is located shall contain a set aside area to provide an
area meeting all standards for a stable, corral with access thereto as is shown on the approved plan dated
March 17. 2010.
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5 Wagon Lane
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R. 50% of the demolition and constniction materials shall be recycled/diverted. Prior to
granting a final inspection, verification to be submitted to staff regarding the amount of recycled diverted
material and where it was taken on forms provided by the City. The hauling company shall obtain a
hauling permit and pay the applicable fees.
S. Perimeter easements shall remain free and clear of any improvements including, but not be
limited to, fences -including construction fences, grading (both cut and fill), landscaping, irrigation and
drainage devices, play equipment, parked vehicles, building materials, debris and equipment, except if
otherwise approved by the R.HCA.
T. No irrigation or drainage device may be located on the property in such a manner as to
contribute to erosion or in any way adversely affect easements. natural drainage course or a trail. Drainage
for this project shall be approved by Building and Safety Department.
U. All graded areas and areas where the unpennitted structures were located shall be
landscaped. Landscaping shall be designed using native plants, shrubs and trees. Any new trees and
shrubs planned to be planted in conjunction with this project shall, at maturity, not be higher than the
ridge height of the garage. The garage shall b. screened from Wagon Lane, No plants shall be planted,
which at maturity would result in a hedge like screen.
V. Landscaping shall include water efficient irrigation, 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 re:?ucc water waste
resulting from runoff and c'verspray. Prior to obtaining building permits two copies of the landscaping
plan and irrigation plan shall `;e: submitted to City for review and approval. Fire Department review may
also be required for fuel modification zones.
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 the stonnwater pollution prevention practices.
County and local ordinances and engineering practices shall be required so that people or property are not
exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, .mudflows, erosion, or land
subsidence.
Y. During construction, the Erosion Control Plan containing the elements set forth in the 2008
County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect
slopes and channels to control stormwater pollution, if required by the County of Los Angeles Public
Works Department.
Z. 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 casements, without blocking
access to the residences adjacent thereto.
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AA. During construction. the property owners shall he required to schedule and regulate
construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Nlondav
• through Saturday only, v,hen construction and mechanical equipment noise is permitted, so as not to
interfere with the quiet residential environment of the City of Rolling Hills.
AB. 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 cif stormwater
drainage facilities.
AC. The property owners shall be required to conform with the Regional Water Quality Control
Board and County Public Works Department Best Management Practice:; (BMP's) related to solid waste.
AD. The project shall he reviewed and approved by the Rolling Hills Community Association
Architectural Review Committee prier to the issuance of permits.
AE. The working drawings submitted to the Department of Building and Safety for plan check
review shall conform to the development plan
AF. Prior to issuance of building permits, the applicants shall execute and record an Affidavit of
Acceptance of all conditions of this approval, or the approval shall not be effective.
AG. Prior to submittal of final plans to the Building Department for issuance of grading and/or
building permits. the plans for the project shall be submitted to staff for verification that the final plans are
in compliance •.vith the plans approved by the Planning Commission described in Condition D above.
Al I. The conditions of approval enumerated in this Resolution shall he printed on the front
sheet of the development plans and shall be available at the site at ail times.
Al. Any action challenging the final decision of the City made as a result of the publichearing
on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling hills
Municipal Code and Code of Civil Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED TI ITS 20TH DAY OF APRIL 2010.
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LORLN DERO\_ CHAION
1'. TTEST:
I IEIDI LUCE, DEPUTY CITY CLERK
Reso. 2010-06
5 Wagon Lane
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2010-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE t21TY OF ROL.LINu
HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A DETACHED GARAGE AND A C:ONDITIONA.L USE
PERMIT FOR THE DETACHED GARAGE ON A LOT DEVELOPED WITH A
SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES, IN ZONING
CASE NO. 774 AT 5 WAGON LANE, (LW' 110-4-RH), (TU). PROJECT HAS BEEN
DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
was approved and adopted at a regular meeting of the Planning Commission on April 20, 2010 by the
following roll call vote:
AYES: Commissioners Henke. Pieper, Witte and Chairperson DcRoy.
NOES: None.
ABSENT: None.
ABSTAIN: Vice Chairperson Smith.
and in compliance with the laws of California was posted at Administrative Offices.
DEPUTY CITY CLERK
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Reso. 2010-06
5 Wagon Lane
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AUG 16 2010
City of Rolling Hills
By