688, Extension for previously appro, Resolutions & Approval ConditionsRESOLUTION NO. 2005-24
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A MODIFICATION
TO PLANNING COMMISSION RESOLUTION NO. 2004-18 AND
APPROVING A TWO YEAR TIME EXTENSION FOR PREVIOUSLY
APPROVED VARIANCES TO CONSTRUCT A GARAGE IN THE
FRONT SETBACK AND TO EXCEED THE MAXIMUM
PERMITTED DISTURBED LOT AREA AT AN EXISTING
RESIDENCE IN ZONING CASE NO. 688 AT 1 MEADOWLARK
LANE (LOT 24-1-RH), (MIZELL).
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. Gary Mizell, property
owners, with respect to real property located at 1 Meadowlark Lane, (Lot 24-1-RH),
Rolling Hills, CA requesting a two-year time extension for a previously approved
zoning case.
Section 2. The Commission considered this item at a meeting on August 16,
2005 at which time information was presented indicating that additional time is
needed to process the development application.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 10 of Resolution No. 2004-18,
dated July 20, 2004, to read as follows:
"A. The Variance approvals shall expire within three years from the effective
date of approval as defined in Section 17.38.070(A) of the Zoning Ordinance".
Section 4. Except as herein amended, the provisions and conditions of
Resolution No. 2004-18 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF AUGUST 2005.
4/1- Pi/
ROGE17 SOMMER, CHAIRMAN
ATTEST:
,,,, , „ 1 < ., ,,,,.,
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2005-24 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A MODIFICATION
TO PLANNING COMMISSION RESOLUTION NO. 2004-18 AND
APPROVING A TWO YEAR TIME EXTENSION FOR
PREVIOUSLY APPROVED VARIANCES TO CONSTRUCT A
GARAGE IN THE FRONT SETBACK AND TO EXCEED THE
MAXIMUM PERMITTED DISTURBED LOT AREA AT AN
EXISTING RESIDENCE IN ZONING CASE NO. 688 AT 1
MEADOWLARK LANE (LOT 24-1-RH), (MIZELL).
was approved and adopted at a regular meeting of the Planning Commission
on August 16, 2005 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Witte and Chairman Sommer.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Henke.
and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY CITY CLERK
R,
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Tr
• (5/
RECORDING REQUESTED BY AND MAIL
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
04 2574012
The Registrar -Recorder's Office requires that the form be notarized before recordation. T Recorders
Use Only
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 688
SITE PLAN REVIEW
LOT LINE ADJUSTMENT
VARIANCES
XX
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
1 MEADOWLARK LANE, ROLLING HILLS, CA (LOT 24-1-RH)
This property is the subject of the above numbered case and conditions of approval.
am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 688 SITE PLAN REVIEW
LOT LINE ADJUSTMENT
VARIANCES
XX
Clare) under the penalty of perjury tha the foregoing issrujand cor -c
Signs
Nametird of,pr 401 zNA,
Adds �, `[��1'1\1 - th is
City/State
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
,u.e-��_ i/•`1V V
Signature
Ckic �li/1(2eZ-
Name typeytqy priDted� ,
I / C /(Al)G�L v�/' A k
Krds///4/•/b/h'/l r CA—,
City/State
On 1 2e ?'-(_before me, 4___/sl4-„
Personally appeared_ 1+7r _ll, Zc. , i _ /V.i_gy_, I I
perconally I;I I:lr ; lu die (or proved to me on the basis of satisfactory evidence) to be-t a person(s) whose
name(s),.i6 ubscribed to the within instrument and ackno dged to me that he/S.116A executed the same
in ' �thorized ca acit ies and that byh+s 1 er/t eir i nature s on the instrument theperson(s), or
I h�� P Y( ) �9 ()
the entity upon behalf of which the Derr o(s) acted, executed the instrument.
LIN TSAN
Commission # 1334164
Notary Public - California
Los Angeles County
My Comm. Expires Dec 10,
itness
d-ar.dlaffjcial seal.
orv..Aggrfir
onature of Notary --___
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
•
��XHtsfT 3
RESOLUTION NO. 2004-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A
VARIANCE TO PERMIT ENCROACHMENT WITH AN
ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED DISTURBED NET LOT
AREA AT AN EXISTING SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 688, AT 1 MEADOWLARK LANE (LOT 24-1-
RH), (MIZELL).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Gary Mizell
with respect to real property located at 1 Meadowlark Lane, Rolling Hills (Lot 24-
1-RH) requesting a Variance to encroach with a 570 square foot garage addition
into the front setback and a Variance to exceed the maximum permitted
disturbed area of the lot at an existing single family residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on May 18, 2004, June 15, 2004, and July 20,
2004 and at a field trip visit on June 15, 2004. 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. The Planning Commission reviewed, analyzed and studied said
proposal. The applicants and their representative were in attendance at the
hearings.
Section 3. The applicants originally requested a 770 square foot
addition. During the public hearing, the Commission determined that the
addition would cause the lot to be overcrowded and recommended approval of a
570 square foot garage addition.
Section 4. Theentire residence, except for approximately 130 square
feet, is located in the front setback along Meadowlark Lane. The residence was
built in 1940. The proposed addition would continue encroaching into the front
setback, however, it would be set back further from the roadway easement than
the existing house.
Section 5. The Planning Commission finds that the project qualifies as
a Class 3 Exemption (State of CA Guidelines), and is therefore categorically
exempt from environmental review under the California Environmental Quality
Act.
Section 6. Section 17.16.120 requires the front setback for every
residential parcel in the RA-S-1 Zone to be fifty (50) feet from the roadway
easement line. The applicants are requesting to construct a 570 square foot
addition, which will continue the encroachment into the front setback. With
respect to this request for a Variance, the Planning Commission finds as follows:
04 2574012
Reso. No. 2004-18 1
Mizell
• •
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property that do not apply generally to the other
property or class of use in the same zone. The property has been developed in
this manner in 1940. The lot was graded at that time to create several pads for
construction of living area. The topography of the lot together with the fact that
the existing residence is located very close to the roadway easement and in the
front setback creates a difficulty in constructing the addition elsewhere on the
property.
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 to the property in question. The existing residence is
2,308 square feet and has no garage. The applicants stated that they purchased
the property in 1999 in its current condition, without a garage. The Variance is
necessary because the existing terrain and development on the lot creates a
difficulty in placing the addition elsewhere on the property. With the addition of
a 570 square foot garage, the residence would still be smaller than the average
home in the vicinity.
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 proposed addition will be
constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences and directly across a
garage belonging to the property across the way, so that it 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.
D. In granting of the Variance the spirit and intent of the Zoning
Ordinance will be observed in that the proposed addition will be orderly,
attractive and shall protect the rural character of the community. The proposed
addition will not encroach into the existing or potentially future equestrian uses
on the property. A suitable area for a future stable and corral will be set aside.
E. The Variance request is consistent with the General Plan of the City
of Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient
open space between surrounding structures and the Zoning Code requirement
that each single family residence have a minimum of two -car garage.
Section 7. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 688 to permit a 570 square foot garage addition to encroach into the front
setback, subject to the requirements of Section 10 of this Resolution.
Section 8. 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
Reso. No. 2004-18 2
Mizell
04 257401.2
•
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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. A
Variance to Section 17.16.070 (B) is required because it states that the lot
disturbance shall be limited to 40% of the net lot area. With respect to this
request for a Variance for lot disturbance of 47.8%, 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. The Variance for
the maximum permitted disturbance is necessary because the disturbance
already exceeds the maximum permitted by 6.3%. The additional disturbance
will be minimal and will be created mostly when the stable is constructed.
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 to the property in question. The Variance is necessary
because of the existing conditions of the lot, and due to the requirement that
every single family residence must have a minimum of a two -car garage.
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 proposed addition will be
constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences and directly across a
garage belonging to the property across the way, so that it 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.
Section 9. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 688 to permit a disturbed area of 47.8% of the net lot area, subject to the
conditions specified in Section 10 of this Resolution.
Section 10. The Variance approval regarding the encroachment of the
proposed addition into the front setback approved in Section 7, and the Variance
regarding the exceedance of the disturbed net lot area approved in Section 9 of
this Resolution are subject to the following conditions:
A. The Variance approvals shall expire within one year from the
effective date of approval as defined in Section 17.38.070(A) of the Zoning
Ordinance unless otherwise extended pursuant to the requirements of that
section.
B. If any conditions of approval are violated, this approval shall be
suspended and the privileges granted hereunder shall lapse; provided that the
applicants have been given written notice to cease such violation, the
Reso. No. 2004-18
Mizell
3
04 2574012
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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 Code, 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.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated July 8, 2004
except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 4,388 square feet or 18.7%
in conformance with structural lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed
7,653 square feet or 32.7% in conformance with total lot coverage limitations.
G. The disturbed area of the lot shall not exceed 47.8% in conformance
with disturbed area limitations, as approved by this Variance.
H. Residential building pad coverage on the 5,122 square foot existing
residential building pad shall not exceed 3,458 square feet or 67.5%. The hobby
shop pad coverage shall not exceed 19.7%.
I. No grading is necessary for this project.
J. Prior to conducting final inspection of the garage addition, an
inspection of that part of the residence that was converted from a garage to living
quarters shall be conducted by the Los Angeles County Building and Safety
Department. The applicant shall request such an inspection and pay all
applicable fees. If any deficiencies are found, they shall be corrected prior to
securing a final inspection from the Building and Safety Department for the
addition.
K In the event that the approvals contained in this Resolution expire,
the City will immediately initiate code enforcement proceedings to assure that a
legal two car garage is provided on the property.
L The area of the front yard east of the proposed garage addition and
turn around area, shall be landscaped. Landscaping shall include water efficient
irrigation, to the maximum extent feasible, that incorporates 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 reduce water waste resulting from runoff and overspray in
accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of
the Rolling Hills Municipal Code. If trees are to be used in the landscaping
scheme for this project, they shall at full maturity not exceed the ridge height of
the residence.
Reso. No. 2004-18 4
Mizell
04 2574012
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M. The Pepper Tree and shrubs located at the corner of Saddleback
Road and Meadowlark Lane on subject property, shall be removed, trimmed or
cut down to the satisfaction of staff to allow for visibility of oncoming traffic on
Saddleback Road.
N. 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.
0 During construction, conformance with local ordinances and
engineering practices so that people or property is not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
P. During construction, conformance with the air quality management
district requirements, storm water pollution prevention practices, county and
local ordinances and engineering practices so that people or property are not
exposed to undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
Q. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control storm water pollution as required by the County of Los
Angeles.
R. During and after construction, all parking shall take place on the
project site.
S. During construction, the property owners shall be required to
schedule and regulate construction and related traffic noise throughout the day
between the hours of 7 AM and 6 PM, Monday through Saturday only, when
construction and mechanical equipment noise is permitted, so as not to interfere
with the quiet residential environment of the City of Rolling Hills.
T. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of storm water drainage facilities.
U. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste and storm water pollution
prevention.
U-1. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling
Hills Municipal Code, any modifications to the property, which would
constitute additional structural development, shall require the filing of a new
application for approval by the Planning Commission.
Reso. No. 2004-18 5
Mizell
04 257401.2
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V. Prior to granting a final inspection and/or certificate of occupancy,
all utility lines to the residence shall be placed underground.
W. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
X. If an above ground drainage system is utilized, it shall be designed
in such a manner as not to cross over any equestrian trails. The drainage
system(s) shall not discharge water onto a trail, shall incorporate earth tone
colors, including in the design of the dissipater and be screened from any trail
and neighbors views to the maximum extent practicable, without impairing the
function of the drainage system.
Y. The property on which the project is located shall contain an area of
minimum of 1,000 square feet to provide an area meeting all standards for a
stable (450 square feet) and corral (550 square feet) with access thereto.
Z. The City's requirements related to outdoor lighting, roofing
material and construction and all other requirements shall be complied with.
AA. Prior to issuance of a building permit, the project shall be reviewed
and approved by the Rolling Hills Community Association.
AB. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance approvals, pursuant to Sections 17.38.060 or the
approval shall not be effective.
AC. All conditions, when applicable, of the Variance approvals must be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JULY 2004.
ARVEL WITTE, CHAIRMAN
ATTEST:
I<j.)
MARILYN KERN, DEPUTY CITY CLERK
Reso. No. 2004-18 6
Mizell
04 2574012
• •
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2004-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO PERMIT
ENCROACHMENT WITH AN ADDITION INTO THE FRONT YARD
SETBACK AND A VARIANCE TO EXCEED THE MAXIMUM PERMITTED
DISTURBED NET LOT AREA AT AN EXISTING SINGLE FAMILY RESIDENCE
IN ZONING CASE NO. 688, AT 1 MEADOWLARK LANE (LOT 24-1-RH),
(MIZELL).
was approved and adopted at a regular meeting of the Planning Commission on
July 20, 2004 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer and
Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY ERK
Reso. No. 2004-18 7
Mizell
04 2574012