573, Approval of an illegal previou, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND MA:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
The Registrar -Recorder's Office requires that the form be notarized before recordation. Recorders Use
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 573
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
L
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
6 MIDDLERIDGE LANE SOUTH (LOT 255-UR), ROLLING HILLS
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. 573
SITE PLAN REVIEW ,L
VARIANCE _
CONDITIONAL USE PERMIT _
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
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Signatures must be acknowledged by a notary public..
State of California )
County of Los Angeles )
On 111/‘#1( before me, /{ • i ri a
Signature
Name typed or printed
Address
City/State
personally �f'
appeared / :ii Q'.Y'Ct _ reri k-Q-.)
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(e) whose name()
is/eft—subscribed to the within instrument and acknowledged to me that he she/they executed the same in
Ws/her/their authorized capacity(ies) and that by Iris /her/the+r signature(.) on the instrument the person(), or the
entity upon behalf of which the person(s) acted, executed the instrument.
ribisidia460.426.4646.41,40
R. FRIEDLY
Commission # 1154377
Notary Public - California
Los Angeles County
My Comm. Expires Sep 5, 2001
Witness by h3rgd angfficial seal.
Signature of N ary
See Exhibit "A" attached hereto and made a part hereof
• •
RESOLUTION NO. 98-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL
TO AUTHORIZE PREVIOUSLY ILLEGALLY CONDUCTED AND
LIMITED GRADING FOR AN ON -SITE GUEST DRIVEWAY AND
PARKING AREA AT A SINGLE FAMILY RESIDENCE IN ZONING
CASE NO. 573.
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 Mrs. Tamara Torino with
respect to real property located at 6 Middleridge Lane South (Lot 255-UR), Rolling
Hills, requesting a Site Plan Review to authorize the maintenance of previously
conducted and illegal grading to reconfigure an on -site guest driveway and parking
area along with retaining walls at an existing single family residence. During the
hearing process, the amount of grading was reduced.
Section 2. On August 19, 1997, Mrs. Tamara Torino, applicant, was issued a
building permit by the City and the County to construct a 277 square foot residential
addition at the property at 6 Middleridge Lane South. Mrs. Torino was also
replacing her existing driveway when the City was informed of grade changes taking
place at the building site at the eastern leg of the Y-shaped driveway.
On, November 5, 1997, Mr. Rafael Bernal, District Engineering Associate,
issued a "Stop Work Order" because grading was taking place without benefit of a
grading permit. Because of the winter rains, the City allowed Mrs. Torino to
continue work on the residential addition, replace the existing southwestern leg of
the Y-shaped driveway to access the residence and requested that Mrs. Torino
provide engineering information about the City's requirement for a grading permit.
On November 12, 1997, Inspector Bernal issued a second "Stop Work Order"
notice when he discovered further grading work was being done. On December 19,
1997, Mr. Keith W. Ehlert, Engineering Geologist, informed Mrs. Torino that the
eastern leg of the Y-shaped driveway had been widened and filled with 288 cubic
yards of soil. The City needed further information from Mrs. Torino. On January 14,
1998, Mr. Ehlert informed Mrs. Torino that 1,870 square feet was affected by the
driveway modifications. From this information, staff calculated and verified with
Mr. Ehlert by telephone that 4.16 feet of fill soil was used to reorient and widen the
driveway and determined that a grading permit was required for the grading work.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the application on March 17, 1998, April 21, 1998, and May 19,
1998, and at a field trip visit on March 28, 1998. The applicant was notified of the
public hearing in writing by first class mail and through the City's newsletter.
RESOLUTION NO. 98-11
PAGE 1 OF 5
• •
Evidence was heard and presented from all persons interested in the project, from
all persons protesting the same, and from members of the City staff and the
Planning Commission having reviewed, analyzed and studied the project.
Concerns expressed by Commissioners, concerned residents and the applicants
focused on the unauthorized grading, the possible obstruction of neighbors' views
by recent planting of Pine and other trees, and parking at the building site.
Section 4. The Planning Commission finds that the project qualifies as a
Class 4 Exemption [State CEQA Guidelines, Section 15304 (Minor Alterations to
Land)] and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 5. 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 applicant requests Site Plan Review to authorize the maintenance
of previously conducted and illegal grading to reconfigure an on -site guest driveway
and parking area along with retaining walls at an existing single family residence.
With respect to the Site Plan Review application, the Planning Commission makes
the following findings of fact:
A. The illegal development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed grading, as
conditioned, 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. The lot has a net square foot area of 154,899 square feet. The residence
(3,878 sq.ft.), attached garage (474 sq.ft.), pool (800 sq.ft.), future stable (450 sq.ft.), and
guest house (450 sq.ft.) will have 6,052 square feet which constitutes 3.9% of the lot
which is within the maximum 20% structural lot coverage requirement. The total
lot coverage including paved areas and driveway will be 13,517 square feet which
equals 8.7% of the lot, which is within the 35% maximum overall lot coverage
requirement. The proposed project is on a relatively large lot with the parking area
area and proposed retaining wall structures located above and away from the road so
as to reduce the visual impact of the development.
B. The illegal 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 graded area and proposed retaining walls, the existing residence, and
neighboring residences.
RESOLUTION NO. 98-11
PAGE 2 OF 5
• •
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 north and east sides 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 northeasterly
portions of the property.
F. The illegal 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 illegal 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 Caballeros Road for access.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review request to authorize the maintenance of
previously conducted and illegal grading to reconfigure an on -site guest driveway
and parking area along with retaining walls at an existing single family residence, as
indicated on the Development Plan attached hereto and incorporated herein as
Exhibit A dated April 9, 1998, that is subject to the following conditions:
A. The Site Plan Review approval shall expire within one year from the
effective date of approval as defined in Section 17.46.080.
B. It is declared and made a condition of the Site Plan Review approval,
that if any conditions thereof are violated, the Permit 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.
RESOLUTION NO. 98-11
PAGE 3 OF 5
• •
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise approved by Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A dated April 9, 1998, except as otherwise
provided in these conditions.
E. Any retaining walls shall not exceed 3 feet in height.
F. The top upper edge of all retaining walls shall be a continuous smooth
line and without jagged inclines or declines along the length of the wall.
G. Structural lot coverage shall not exceed 3.9% and total lot coverage of
structures and paved areas shall not exceed 8.7%.
H. Disturbed area of the lot shall not exceed 14.1%.
I. Grading to repair the eastern driveway parking area shall not exceed
286 cubic yards of cut soil and 286 cubic yards of fill soil.
J. Grading of the eastern leg of the driveway shall not exceed 5,520 square
feet of ground surface area.
K. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
L. Additional landscape screening shall be planted to obscure the
southern faces of the retaining walls and the residence but not block views in the
northeastern and western corridors of the lot.
M. Landscaping to obscure the retaining walls and residence shall be
maintained so as not to exceed the ridge line of the residence.
N. Review and approval of a site drainage plan by the City Engineer shall
be obtained for the existing and proposed grading and the retaining walls.
O. A plan that conforms to the development plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning Department
staff for their review prior to the submittal of an applicable site drainage plan to the
County of Los Angeles for plan check.
P. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to approval of the
drainage plan.
RESOLUTION NO. 98-11
PAGE 4 OF 5
• •
Q. The working drawings submitted to the County Department of
Building and Safety for site drainage plan review and building permits must
conform to the development plan described at the beginning of this section (Section
11).
R. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance and Conditional Use Permit approvals pursuant to Section
17.38.060, or the approval shall not be effective.
S. All conditions of this Site Plan Review approvals must be complied
with prior to approval of the site drainage plan by the County of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 16TH UN1998.
ATTEST:
r (
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
`z.
ALIT ROBERTS, CHAIRMAN
I certify that the foregoing Resolution No. 98-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE
PREVIOUSLY ILLEGALLY CONDUCTED AND LIMITED GRADING FOR AN ON -
SITE GUEST DRIVEWAY AND PARKING AREA AT A SINGLE FAMILY RESIDENCE
IN ZONING CASE NO. 573.
was approved and adopted at an adjourned regular meeting of the Planning Commission on June 16, 1998
by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer and
Chairman Roberts.
NOES: None.
ABSENT: Commissioner Witte.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYNnNu
KERN, DEPUTY CITY CLERK
RESOLUTION NO. 98-11
PAGE 5 OF 5