521, Construct a new SFR and reloca, Resolutions & Approval ConditionsRESOLUTION NO. 94-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A REQUEST FOR THE
CONSTRUCTION OF A GUEST HOUSE AND APPROVING A
REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF
A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 521.
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. and Mrs. Edgar Capifali with
respect to real property at 49 Saddleback Road, Rolling Hills (Lot 61-RH) requesting
a Conditional Use Permit to construct a guest house and requesting Site Plan
Review for the construction of a new single family residence to replace an existing
single family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on October 18, 1994 and November 22, 1994, and
at a field trip visit on November 5, 1994.
Section 3. The Planning Commission finds that the project qualifies as a
Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. Sections 17.16.210(A)(5) of the Rolling Hills Municipal Code
permits approval of a Guest House under certain conditions. The applicants are
requesting to construct a 625 square foot guest house at the southwest portion of the
lot. With respect to this request for a Conditional Use Permit, the Planning
Commission finds as follows:
A. The granting of a Conditional Use Permit for the construction of a
guest house would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan and will be desirable for the public convenience and
welfare because the use is consistent with similar uses in the community, and the
area proposed for the guest house would be located in an area on the property where
such use will not change the existing configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a guest house will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the proposed guest house will be constructed on a portion of the
residential building pad and is a sufficient distance from nearby residences so that
the guest house will not impact the view or privacy of surrounding neighbors.
RESOLUTION NO. 94-26
PAGE 1
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the guest house will comply with the
low profile residential development pattern of the community and is located on a
1.97 acre parcel of property that is adequate in size, shape and topography to
accommodate such use.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 625 square foot size of the
guest house is less than the 800 square foot maximum permitted and the guest
house does not encroach into any setback areas.
E: 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 site is not listed on the
current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and • intent of Title 17
of the Zoning Code because there is an existing stable structure and corral on the lot.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves a Conditional Use Permit for the construction of a 625 square foot
guest house in accordance with the Development Plan dated December 10, 1994 and
marked Exhibit A in Zoning Case No. 521 subject to the conditions contained in
Section 9.
Section 6. 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
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 or structure by more than twenty-five
percent (25%) in any thirty-six month period. The applicants request Site Plan
Review to construct a residence, attached garage, guest house, and swimming pool.
With respect to the Site Plan Review application, 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 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 setback and lot coverage requirements with the
Conditional Use Permit for a guest house approved in Section 5 of this Resolution.
The lot has a net square foot area of 86,046 square feet. The proposed residence (4,960
sq.ft.), attached garage (704 sq.ft.), guest house (625 sq.ft.), pool (400 sq.ft.), and
existing stable (640 sq.ft.) will have 7,329 square feet which constitutes 10.45% of the
RESOLUTION NO. 94-26
PAGE 2
• •
lot which is within the maximum 20% structural lot coverage requirement. The
total lot coverage including paved areas and driveway will be 21,359 square feet
which equals 30.46% of the lot, which is within the 35% maximum overall lot
coverage requirement. The proposed project is on a relatively large lot with most of
the proposed structures located above 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) because a minimum amount of grading is
proposed and will only be done to provide approved drainage that will flow away
from the proposed residence and existing neighboring residences.
C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the canyons at
the east side (rear) 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 northerly 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. Grading shall be permitted only to restore the natural slope of
the property.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will utilize the same driveway to Saddleback Road for access.
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 for construction of a new single family
RESOLUTION NO. 94-26
PAGE 3
• •
residence, an attached garage, guest house, pool, and stable, as indicated on the
Development Plan dated December 10, 1994 and marked Exhibit A, subject to the
conditions specified in Section 8.
Section 8. The Conditional Use Permit for a guest house approved in
Section 5 and the Site Plan Review approved in Section 7 of this Resolution are
subject to the following conditions:
A. The Conditional Use Permit and Site Plan Review approvals shall
expire within one year from the effective date of approval as defined in Sections 17.
42.070 and 17.46.080.
B. It is declared and made a condition of the Conditional Use Permit 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
and has failed to do so for a period of thirty (30) days.
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.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A, except as otherwise provided in these
conditions.
E. No kitchen or other cooking facilities shall be provided within the
guest house.
F. No vehicular access or paved parking area shall be developed within 50
feet of the guest house.
G. Occupancy of the guest house shall be limited to persons employed on
the premises and their immediate family or by the temporary guest of the occupants
of the main residence. No guest may remain in occupancy for more than 30 days in
any six month period.
H. Renting of the guest house is prohibited.
I. All retaining walls incorporated into the project shall not be greater
than 5 feet in height at any one point.
J. Residential building pad coverage shall not exceed 32.9%.
RESOLUTION NO. 94-26
PAGE 4
• •
K. Landscaping shall incorporate and preserve, to the maximum extent
feasible, the existing mature trees and shrubs and the natural landscape screening
surrounding the proposed building pad.
L. Two copies of a landscape plan must be submitted for review by the
Planning Department and include native drought -resistant vegetation that will not
disrupt the impact of the views of neighboring properties prior to the issuance of
any building or grading permit. The landscaping plan submitted must comply with
the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the maximum extent
feasible, plants that are native to the area and/or consistent with the rural character
of the community.
A bond in the amount of the cost estimate of the implementation of the landscaping
plan plus 15% shall be required to be posted prior to issuance of a grading and
building permit and shall be retained with the City for not less than two years after
landscape installation. The retained bond will be released by the City Manager after
the City Manager determines that the landscaping was installed pursuant to the
landscaping plan as approved, and that such landscaping is properly established and
in good condition.
M. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review. Cut and fill slopes shall not exceed a
steepness of a 2 to 1 slope ratio.
N. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
O. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional development
shall require the filing of a new application for Site Plan Review approval by the
Planning Commission.
P. The applicants shall execute an Affidavit of Acceptance of all
conditions of this Conditional Use Permit and Site Plan Review, pursuant to
Section 17.42.060, or the approval shall not be effective.
Q. All conditions of these Conditional Use Permit and Site Plan Review
approvals must be complied with prior to the issuance of a building or grading
permit from the County of Los Angeles.
RESOLUTION NO. 94-26
PAGE 5
•
PASSED, APPROVED AND ADOPTED ON THE 10TH DAY OF DECEMBER, 1994.
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) SS
t-
U
ALLAN ROBERTS, CHAIRMAN
I certify that the foregoing Resolution No.94-26 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A REQUEST FOR THE
CONSTRUCTION OF A GUEST HOUSE AND APPROVING A
REQUEST FOR SITE PLAN REVIEW FOR THE CONSTRUCTION OF
A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 521.
was approved and adopted at a regular meeting of the Planning
Commission on December 10, 1994 by the following roll call vote:
AYES: Commissioners Frost, Hankins, Witte and Chairman Roberts
NOES: None
ABSENT: Commissioner Raine (Commissioner Raine also abstained
from voting on this project at the Planning Commission
meeting).
ABSTAIN: None
and in compliance with the laws of California was posted at the following:
Administrative Offices
ARRILY
MANKERN,RDEPUTY CITY CLERK
RESOLUTION NO. 94-26
PAGE 6
� 94 2293267
JAN 3 11995
City Of Rolling Hills
RECORDING- RF,4TTESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
31 PAST 12 P M. DEC 301994
Please record this form with the Registrar -Recorder's Office and
return to: City of Rolling Hills, 2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be
notarized before recordation).
ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss
ZONING CASE NO. 521
I (We) the undersigned state:
. lvCPF Code 19 $ 3 -�
SITE PLAN REVIEW X
VARIANCE
CONDITIONAL USE PERMIT X
I am (We are) the owner(s) of the real property described as
follows:
This
I am
said
49 Saddleback Road (Lot 61-RH
Rolling Hills, CA 90274
property is the subject of the above numbered cases.
(We are) aware of, and accept, all the stated conditions
ZONING CASE NO.
521
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
in
I (We) certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Print
Owner
Name
Signature
Address 41 ci le bcN:.
City/State hOflLtoG
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Owner EdcaAR CA pi FAL1
Name
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Signatures must be acknowledged by a notary public.
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State of Q//� rr7 / a— On this the3� day of
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County of
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A M BROWN ROTHWELL
COMM. # 1031672
Notary Public — California
LOS ANGELES COUNTY
My Comm. Expires JUL 3.1998
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the, undersigned Notary Public, personally appeared 1�
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proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) /5 subscribed to the
within instrument, and acknowledged that ±he/ executed it.
WITNESS my hand and official seal.
;VOlaAe/A'
19 / %before me,
Notary's Signature
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It
See Exhibit "A" attached
hereto and made a part hereof
•
RESOLUTION NO. 95-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 94-26 AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED CONDITIONAL USE
PERMIT TO CONSTRUCT A GUEST HOUSE AND A PREVIOUSLY
APPROVED SITE PLAN REVIEW FOR A NEW SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 521.
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 Mr. and Mrs. Edgar Capifali with
respect to real property located at 49 Saddleback Road (Lot 61-RH), Rolling Hills,
requesting an extension to a previously approved Conditional Use Permit to
construct a guest house and Site Plan Review for the construction of a new single
family residence to replace an existing single family residence.
Section 2. The Commission considered this item at a meeting on December
19, 1995 at which time information was presented indicating that the extension of
time is necessary to assemble the technical aspects of the project that include
additional soils and geological studies at the rear of the house.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 8 of Resolution No. 94-26,
dated December 10, 1994, to read as follows:
"A. The Conditional Use Permit and Site Plan Review approvals shall
expire within two years of the approval of this Resolution."
Section 4. Except as herein amended, the provisions of Resolution No. 94-
26 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 19TH CEMBER, 1995.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN) KERN, DEPUTY CITY CLERK
RESOLUTION NO. 95-24
PAGE 1 OF 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 95-24 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 94-26 AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED CONDITIONAL USE
PERMIT TO CONSTRUCT A GUEST HOUSE AND A PREVIOUSLY
APPROVED SITE PLAN REVIEW FOR A NEW SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 521.
was approved and adopted at a regular meeting of the Planning Commission on
December 19, 1995 by the following roll call vote:
AYES:
Commissioners Frost, Hankins, Raine, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices
kj'A4—
DEPUTY CITY CLERK
RESOLUTION NO. 95-24
PAGE 2 OF 2