554, 800 SF Guest House, Addition 1, Resolutions & Approval Conditions •
• 97 1476814 \
RECORDING REQUEST BY
WHEN RECORDED RECO MAIL TO N°V 1 4 1997
NAME C cr 0 gout id 6 /4-t LCs
�D 1Z T1A tLE Sz P6�)P �.D CITY OF ROLLING I II _RfiECORDED/FILED IN OFFICIAL RECORDS
MAILING a RECORDER'S OFFICE
ADDRESS r L c Gj 9Oa ;, -- - LOS ANGELES COUNTY 1
Lif �� CALIFORNIA (qq'
CITY,STATE
ZIP CODE x ° 11:01 AM SEP 24 197
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S) LF1EE
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D.A. FEE Code 20 $
R428 6/94
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. RECORDING REQUESTED BY AND MAIO • ir
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o� CITY OF ROLLING HILLSNI
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2 PORTUGUESE BEND ROAD NOV 1LLI 4 1997
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ROLLING HILLS, CA 90274
(310)377-1521 CITY O ROLLING HI
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: (310) 377-7288 FAX
a. Recorder's Use By
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).
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 554 SITE PLAN REVIEW III
VARIANCE ■
CONDITIONAL USE PERMIT U
I(We)the undersigned state:
I am(We are)the owner(s)of the real property described as follows:
7 ACACIA ROAD(LOT 40-RH)
This property is the subject of the above numbered case.
I am(We are)aware of,and accept,all the stated conditions in said
ZONING CASE NO. 554 SITE PLAN REVIEW II
VARIANCE II
CONDITIONAL USE PERMIT III
I(We)certify(or declare)under the penalty of perjury that the foregoing is true and correct.
Print Print /
Owner-- ^ F E--W - --- Owner- - - i G�_- --- -
E
FF
Name j �- - Name •
Signature_ ___ _ __ Signature_ _ _� M.. �
Address --- ( Address /L� 2 -----
City/State_&L 1,tx / fiLLS LA City/State_ROLL-JAZ_ ILLS' C
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles)
On deerrt4/997 beforeme, /Z-'fl-" ,4• /101-�1 Z0
personally appeared & /g. /* tea/dam afr- -(/y N/Gjfl
[Personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
names)mare subscribed to the within instrument and acknowledged to me that 4ie/sheithey executed the same in
-hi3/hcritheir authorized capacity(ies)and that byhishhethheir signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed the instrument.
Witness by hand and offs 'al seal.
i eir...41 12110 Ik,MARTINEI ',. Au.,64::--a7
iF;6, . :, *gfatyt b!'t -orts'iftrt
,, (d. M les Courly Si •f Notary
See Exhibit"A„attached hereto
RasiEE A.MARTINET and made a part hereof
- Commission# 1143964
I Notary PutaIIC-Calif0Mia
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44
Los Angeles County
-� MyCoturt.E iialsJut127,2 0i 97-1.47681.4
• •
RESOLUTION NO. 97-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
FRONT YARD SETBACK TO RELOCATE AND RECONSTRUCT A
STABLE, GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT
FOR A GUEST HOUSE, AND GRANTING SITE PLAN REVIEW
APPROVAL OF SUBSTANTIAL ADDITIONS TO AN EXISTING
RESIDENTIAL STRUCTURE IN ZONING CASE NO. 554.
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. Richard Neff with
respect to real property located at 7 Acacia Road (Lot 40-RH), Rolling Hills,
requesting a Variance to permit the reconstruction of a stable that will encroach into
the front yard setback, requesting a Conditional Use Permit for a guest house, and
requesting Site Plan Review for the construction of substantial additions to an
existing single family residence. During the hearing process, the applicant
submitted revised plans showing the relocation and construction of a stable to
replace an existing stable that will continue to encroach into the front yard setback
and requested a Conditional Use Permit to allow the construction of a guest house.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on April 15, 1997 and May 20, 1997, and at a field
trip visit on May 17, 1997. The applicants were notified of the hearing in writing by
first class mail and through the City's newsletter. The applicants and the applicants'
representative, Mr. Russell E. Barto, architect, were in attendance at the hearings.
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 17.38.010 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 setback for every residential parcel to be fifty
(50) feet and Sections 17.16.170(B)(2) and 17.16.200(A)(3) require that no corral, pen,
stable or other similar holding facility be permitted in a front yard. The applicant is
requesting a Variance to construct a 1,296 square foot stable that will encroach up to
36 feet into the front yard setback at the southeast portion of the property to replace
• •
an existing stable that encroaches 42 feet into the front yard setback. 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 or to the intended use that do not apply generally to the
other property or class of use in the same zone because the sloping topography and
the existing location of the stable and corral on the property prevent the
construction of a stable and corral in the rear yard. The proper and logical location
for the stable and corral is below the existing building pad because of the
topographical nature of the lot. A majority of the lot is flat and the building pad for
the residence is located at the central portion of the lot where the ground is most
level. The southern front yard where the stable and corral will be located slopes
down towards Blackwater Canyon Road. The existing development pattern on the
lot and the sloping southern front portion precludes development of a stable and
corral at the rear of the lot. The area proposed for the stable and corral is the only
place available on this property for this use.
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 the property in question. The Variance is necessary because the
General Plan encourages and the Zoning Ordinance requires the delineation of
stables and corrals on properties in the City of Rolling Hills and a stable and corral
exist at the proposed site. The Variance is necessary because the development and
use of the subject property in a manner consistent with the shape of the lot and
development of other property on this street justifies the incursion into the front
yard setback. There will not be any greater incursion into the front yard setback than
already exists.
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. The new will be in approximately the
same location where a stable and corral already exists. Allowing the proposed
incursion into the front yard setback will not allow any greater incursion than
already exists. In addition, development on this portion of the pad will allow a
substantial portion of the more environmentally significant rear and side portions
of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 554 to permit the relocation and
reconstruction of a stable in the front yard setback, as indicated on the development
plan submitted with this application and incorporated herein by reference as Exhibit A,
subject to the conditions specified in Section 10 of this Resolution.
Section 6. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits
approval of a Guest House with a Conditional Use Permit under certain conditions.
The applicant is requesting to construct an 800 square foot guest house with a 280 square
RESOLUTION NO.97-14
PAGE 2
• •
foot porch'. 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 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 the adjacent uses, buildings, or
structures because the proposed structure is at the same level as 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.
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 1.74 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 800 square foot size of the guest house is equal
to 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 the guest house will be 93 feet from the residence and there is
sufficient space on the lot for a stable and corral.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves a Conditional Use Permit for the construction of a guest house in
accordance with the Development Plan attached hereto in Zoning Case No. 554 subject
to the conditions contained in Section 10.
Section 8. Section 17.46.020 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 or structures, which
RESOLUTION NO. 97-14
PAGE 3
• •
involve changes to grading or an increase in 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, may
be permitted. The applicants propose to add 1,458 square feet to the size of the existing
residence. With respect to the Site Plan Review application, the Planning Commission
makes the following findings of fact:
A. The proposed development, as modified by the conditions of approval, 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, except as approved in Section 5. The lot has a net square foot area of
55,070 square feet. The proposed residence (4,401 sq. ft.), garage (756 sq. ft.), stable (1,296
sq.ft.), animal shed (816 sq.ft.), and guest house (800 sq.ft.) will have 8,429 square feet
which constitutes 15.3% of the lot which is within the maximum 20% structural lot
coverage requirement. The total lot coverage including paved areas and driveway will
be 12,839 square feet which equals 23.3% of the lot, which is within the 35% maximum
overall lot coverage requirement.
B. The proposed development, as modified by the conditions of approval,
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).
C. The development plan, as modified by the conditions of approval, follows
natural contours of the site to minimize grading. The natural drainage courses will be
preserved and continue drainage to the canyons at the south and west side of this lot.
D. The development plan will, based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetation with landscaping that
is compatible with and enhances the rural character of the community.
E. The development plan, as modified by the conditions of approval,
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 will have a 24,000 square foot
residential building pad with coverage of 29.4%, a 4,200 square foot stable pad with
coverage of 30.9%. and a total building pad coverage of 29.9%.
F. The proposed development, as modified by the conditions of approval, 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. The proposed project is also consistent with the scale of other homes in the
immediate neighborhood. Grading will not be required. The ratio of the proposed
RESOLUTION NO. 97-14
PAGE 4
• •
structures to lot coverage is similar to the ratio found on several properties in the
vicinity.
G. The proposed development, as modified by the conditions of approval, is
sensitive and not detrimental to convenience and safety of circulation for pedestrians
and vehicles because the proposed project will utilize the existing driveway to Acacia
Road for access.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental review.
Section 9. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 554 for a
proposed residential development as indicated on the development plan incorporated
herein as Exhibit A, subject to the conditions contained in Section 10 of this Resolution.
Section 10. The Variance to the front yard setback approved in Section 5, the
Conditional Use Permit approved in Section 7, and the Site Plan for residential
development approved in Section 9 of this Resolution are subject to the following
conditions:
A. These Variance, Conditional Use Permit and Site Plan approvals shall
expire within one year from the effective date of approval as defined in Sections
17.38.070, 17.42.070 and 17.46.080.
B. It is declared and made a condition of these Variance, Conditional Use
Permit, and Site Plan approvals, that if any conditions thereof are violated, these
approvals 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 dated June 9, 1997, and marked Exhibit A, except as otherwise
provided in these conditions.
E. The working drawings submitted to the. County Department of Building
and Safety for plan check review must conform to the development plan approved
with this application.
F. No grading shall take place on the construction site.
RESOLUTION NO.97-14
PAGE 5
• •
G. The residential building pad coverage shall not exceed 29.4% and the
stable pad coverage shall not exceed 30.9%.
H. Landscaping shall be provided and maintained to obscure the residential
buildings and the building pad so that the structures, driveway, and graded slopes are
screened and shielded from view at the north and eastern easement lines with native
drought-resistant vegetation that is compatible with the surrounding vegetation of the
community.
I. Landscaping shall be provided and maintained to obscure the western side
of the guest house from Williamsburg Lane.
J. No kitchen or other cooking facilities shall be provided within the guest
house.
K. No vehicular access or paved parking area shall be developed within 50
feet of the guest house.
L. Occupancy of the proposed guest house or servant quarters shall be limited
to persons employed on the premises and their immediate family or by the temporary
guests of the occupants of the main residence. No guest may remain in occupancy for
more than thirty days in any six-month period.
M. Renting of the guest house is prohibited.
•
N. The guest house shall not exceed 800 square feet with a 280 square foot
porch.
O. 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.
P. 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.
Q. Any modifications to the project shall comply with Section 17.46.070 of
the Rolling Hills Municipal Code.
R. The applicant shall execute an Affidavit of Acceptance of all conditions of
these Variances, Conditional Use Permit, and Site Plan approvals, or the approvals
shall not be effective.
RESOLUTION NO.97-14
PAGE 6
•
•
S. All conditions of these Variance, Conditional Use Permit, and Site Plan
approvals that apply must be complied with prior to the issuance of a building or
grading permit from the County of Los Angeles.
PASSED, APPROVED AND ADO HIS H DAY OF JUNE, 1997.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
Ic
NI-2R4I11_,V-I\fIZIRN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 97-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
FRONT YARD SETBACK TO RELOCATE AND RECONSTRUCT A
STABLE, GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT
FOR A GUEST HOUSE, AND GRANTING SITE PLAN REVIEW
APPROVAL OF SUBSTANTIAL ADDITIONS TO AN EXISTING
RESIDENTIAL STRUCTURE IN ZONING CASE NO. 554.
was approved and adopted at a regular meeting of the Planning Commission on June 17, 1997 by
the following roll call vote:
AYES: Commissioners Hankins , Margeta, Sommer, 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.
DEPUTY CITY CLERK
RESOLUTION NO.97-14
PAGE 7