585, Construct detached garage, gra, Resolutions & Approval Conditions1
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RESOLUTION NO. 99-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 98-21, APPROVING AN EXTENSION
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR
THE CONSTRUCTION OF A DETACHED GARAGE AND APPROVING
AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW
FOR THE DEVELOPMENT OF THE SAME DETACHED GARAGE AND
GARAGE AREA THAT REQUIRES GRADING AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 585.
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. Robert K. Barth with respect to real
property located at 29 Portuguese Bend Road (Lot 91-1-RH), Rolling Hills, requesting an
extension to a previously approved Conditional Use Permit for the construction of a
detached garage and approving a request for Site Plan Review for the development of
the same detached garage and garage area that requires grading, at a single family
residence in Zoning Case No. 585 that was approved by the Planning Commission on
October 20,1998 by Resolution No. 98-21.
Section 2. The Commission considered this item at a meeting on November
16, 1999 at which time information was presented indicating that the extension of time
is necessary in order to comply with both the City and Community Association
requirements in order to acquire necessary permits to complete the work.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 8 of Resolution No. 98-21, dated
October 20,1998, 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. 98-21
shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 16TH DAY F r1VEMBER,1999.
ATTEST:
,P.
ALLAN ROBERTS, CHAIRMAN
M, AIZILLYN (ERN, DEPUTY CITY CLERK
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 99-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 98-21, APPROVING AN EXTENSION
TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR
THE CONSTRUCTION OF A DETACHED GARAGE AND APPROVING
AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW
FOR THE DEVELOPMENT OF THE SAME DETACHED GARAGE AND
GARAGE AREA THAT REQUIRES GRADING AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 585.
was approved and adopted at a regular meeting of the Planning Commission on
November 16,1999 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Witte and Chairman Roberts.
NOES: None.
ABSENT: Commissioner Sommer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY C CLERK
Resolution No. 99-18
Page 2
1
E 11 Ai
FEB 1 91999
RECORDING REQUESTED BY AND MAIL TO:
v2 PORTUGUESE BEND ROAD
RStttibu niLL , �H yU'L/4
(310) 377-1521
(310) 377-7288 FAX
98 2101991
RECORDEOIFII.EDINWFrtIl OO1 i—
RECORDER'S WIC
• LOS ANGELES COUNTY
CALIFORNIA
12:01 PM NOV 17' 1998
n j1 1 ` P P:estim S,
(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. 585
SITE PLAN REVIEW:,
VARIANCE
CONDITIONAL USE PERMIT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
FEES
29 PORTUGUESE BEND ROAD (LOT 92-1-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. 585 SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMI
I (We) certify(o; dlare penalty of perjury that the foregoiry ,i(true and corr
Signatu e
a6*✓� �r
Nam 2 qd of prjn� d leA �,
AddresAhaf Al/f,
City/State
Signatures must be acknowledged by a notary public.
OAAot �Qr
Name type gr p�iyl fe WC" Address A l�, Af { // ICAt
Y
City/State
T Recorder's Use Only
State of California )
County of Los Angeles )
On Nn v. 10, /IP? before me, A/.;'�,��� �� //o �, /(.)1_ry t'a1S
personally appeared ied �nn
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscr'ibea to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies) and that by his/her/their signature(s) on theinstrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
NIKKI VALLOT Wit
Commission # 1057074
Notary Public - California
Los Angeles County
My Comm. Fxpiret Jul 14,1999
ss by hand and official seal.
Signature of Notary
See Exhibit "A" attached hereto and made a part hereof
•
x/,,'6 ',4 k
RESOLUTION NO. 98-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A DETACHED GARAGE AND
APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE
DEVELOPMENT OF THE SAME DETACHED GARAGE AND
GARAGE AREA THAT REQUIRES GRADING AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 585.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A. Applications were duly filed by Mr. Robert K. Barth with
respect to real property at 29 Portuguese Bend Road, Rolling Hills (Lot 92-1-RH)
requesting a Conditional Use Permit to permit construction of a detached garage and
requesting Site Plan Review for the development of the same garage and garage area
that requires grading at an existing single family residence. These requests were
consistent with previously approved but now expired Zoning Case No. 551.
B. Zoning Case No. 551 was originally approved by the Planning
Commission by Resolution No. 97-9 on June 17, 1997. The approvals involved the
construction of a 1,044 square foot detached garage on an existing lot that has one
residential unit. The approvals expired on June 17, 1998 because the applicant did
not request a time extension prior to that date in accordance with the Zoning Code.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on October 20, 1998.
Section 3. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (State CEQA Guidelines, Section 15303(e) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. Sections 17.16.210(A)(4) of the Rolling Hills Municipal Code
conditionally permits approval of a detached garage with no specific conditions
unless imposed by the discretionary review process. The applicants are requesting to
construct a 1,044 square foot detached garage at the northeastern 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
detached garage would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan and would be desirable for the public convenience and
welfare because the use is consistent with similar uses in the community, .and the
RESOLUTION NO. 98-21
PAGE 1 OF 6
98 2101994
• •
. area proposed for the detached garage would be located in an area on the property
where such use would 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 detached garage
would not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed detached garage would be constructed
on a portion of the secondary building pad and is a sufficient distance from nearby
residences so that the detached garage would 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 detached garage would comply with
the low profile residential development pattern of the community and is located on
a 2.8 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 1,044 square foot size of the
detached garage 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 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 1,044 square foot
detached garage in accordance with the Development Plan dated October 8, 1998 and
marked Exhibit A in Zoning Case No. 585 subject to the conditions contained in
Section 8.
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
grading requiring a grading permit and 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 for the construction of a
detached garage that requires grading on a lot developed with an existing single
family residence, an attached garage, swimming pool, stable and service yard. With
RESOLUTION NO. 98-21
PAGE 2 OF 6
98 2101994
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. 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 detached garage approved in Section 5 of this
Resolution. The lot has a net square foot area of 103,005 square feet. The residence
(5,205 sq.ft.), attached garage (494 sq.ft.), detached garage (1,044 sq.ft.), swimming pool
(644 sq.ft.), stable (480 sq.ft.), and service yard (96 sq.ft.) will have 7,963 square feet
which constitutes 7.7% of the lot which is within the maximum 20% structural lot
coverage requirement. The total lot coverage including paved areas and driveway
will be 21,903 square feet which equals 21.2% 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 structure located above and away from the road
so as to reduce the visual impact of the development. The building pad coverage
proposed for the 23,187 square foot residential building pad is 29.4% and the building
pad coverage proposed for the 5,200 square foot pad for the detached garage is 20%.
The total building pad coverage will be 28.1%.
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 detached garage, 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 northwestern 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
structure 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
RESOLUTION NO. 98-21
PAGE 3 OF 6
98 2101994
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. 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 an existing driveway at the northeast portion of the
property of Portuguese Bend 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 application for the development of a detached
garage that requires grading at an existing single family residence, attached garage,
swimming pool, stable and service yard, as indicated on the Development Plan
dated October 8, 1998 and marked Exhibit A, subject to the conditions specified in
Section 8.
Section 8. The Conditional Use Permit for a detached garage approved in
Section 5 and the Site Plan Review application 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 dated October 8, 1998 and marked Exhibit A, except as
otherwise provided in these conditions.
RESOLUTION NO. 98-21
PAGE 4 OF 6
98 210R994
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E. Residential building pad coverage shall not exceed 29.4% and the
building pad coverage for the detached garage shall not exceed 20%. The total
building pad coverage shall not exceed 28.1%.
F. Grading for the proposed detached garage shall not exceed 15 cubic
yards of cut soil and 15 cubic yards of fill soil and shall not be allowed unless and
until detached garage plans are approved and a permit is issued by the County of Los
Angeles.
G. Landscaping for any exposed foundation of the garage shall be
landscaped and maintained to obscure the detached garage from neighboring
residences, to the maximum extent feasible.
H. 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.
I. No sleeping quarters, temporary occupancy, or kitchen/cooking
facilities or equipment shall be permitted in any portion of the detached garage.
J. Prior to 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.
K. 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.
L. The applicant 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.
M. 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.
PASSED, APPROVED AND ADOPTED ON THE 20TH DA
CTOBER, 1998.
ALLAN ROBERTS, CHAIRMAN
RESOLUTION NO. 98-21
PAGE 5 OF 6
98 210199
ATTEST:
/1/34-AA-4,
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 98-21 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A DETACHED GARAGE AND
APPROVING A REQUEST FOR SITE PLAN REVIEW FOR THE
DEVELOPMENT OF THE SAME DETACHED GARAGE AND
GARAGE AREA THAT REQUIRES GRADING AT A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 585.
was approved and adopted at a regular meeting of the Planning Commission on
October 20, 1998 by the following roll call vote:
Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
AYES:
NOES:
None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY TY CLERK
RESOLUTION NO. 98-21
PAGE 6 OF 6
98 2101994