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813, Demo and construct a new garag, Resolutions & Approval Conditions• • RECORDING REQUESTED BY ANC MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX *( /2?+2340141* il. ,I I-- LI 20140071I I I I T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. ZONING CASE NO. 813 XX CONDITIONAL USE PERMIT I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 13 PORTUGUESE BEND ROAD, (LOT 77-RH) ROLLING HILLS, CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said case: ZONING CASE NO. 813 XX CONDITIONAL USE PERMIT the penalty of perjury that the foregoing is true and correct. hature Signature cc.Pcz A Cc-r G:. S Name t`vped or printed J dress yAddress (o(J Mt— 1 AS. C1-goP-'N City/State () City/State Name typed or printed See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2012-06 Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On q/t1/20 13 Acte3 �)*( Personally appeared Jean (arJgfrtt before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ axe -- subscribed to the within instrument and acknowledged to me that he/ o#e/ tbcy executed the same in his/he hrelir authorized capacity(ies) and that by his/ her. rctr signature(s). on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary ( Seal) MARVIN INGLES SUNTONVIPART Commission # 1970638 Notary Public - California Los Angeles County My Comm. Expires Feb 26, 2016 • Ex 14 ed-r- A -- RESOLUTION NO. 2012-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE ON A LOT DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES, IN ZONING CASE NO. 813 AT 13 PORTUGUESE BEND ROAD, (LOT 77-RH), (CARDENAS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 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. and Mrs. Sean Cardenas with respect to real property located at 13 Portuguese Bend Road (Lot 77-RH), Rolling Hills, requesting a conditional use permit to construct a 1,213 square foot detached garage with an 8' wide overhang on two sides for a total of 776 square feet overhang on a property developed with a single family residence and accessory structures. An existing 778 square foot detached garage will be demolished. Section 2. The Planning Commission conducted duly noticed public hearings N. to consider the application on March 20, 2012 and in the field on March 20, 2012. Notice of the public hearing was sent to all neighbors within 1,000-foot radius of subject property. 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 and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representative was in attendance at the hearings. No one from the public was present at the hearings and no testimony from the public was presented. Section 3. The subject property is zoned RAS-1 and it fronts Portuguese Bend Road. Portuguese Bend Road has a 100-foot roadway easement, of which half is on the subject property. The gross area of the lot is 2.42 acres. The net lot area for development purposes is 80,637 square feet. Section 4. The property is currently developed with a 3,975 square foot residence, 778 square foot detached garage, 592 square foot swimming pool, spa, 1,626 square foot stable with adjacent corral, a shed, service yard and a water feature. Section 5. 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. Reso. 2012-06 1 13 Portuguese Bend Rd. • • Section 6. Section 17.16.210(A)(4) of the Rolling Hills Municipal Code permits approval of a detached garage under certain conditions, provided the Planning Commission approves a Conditional Use Permit for garages of over 200 square feet. The applicant is requesting to construct a 1,213 square foot detached garage with 776 square foot overhang/porches. 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 construction of the garage structure would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community and is a permitted use with a CUP. The area proposed for such structure would not require grading, and such use will not change the existing configuration of structures on the lot. Adequate area remains on the property to retain the existing stable and corral. With this application the existing older detached garage will be demolished. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the detached structure will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed use will be screened from the road and is of sufficient distance from nearby residences so that the structure will not impact the view or privacy of surrounding neighbors. The new garage will be located in the general location of the existing garage, and will replace it. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the detached garage structure will comply with the low profile residential development pattern of the community and there is adequate area on the property to retain the existing stable and corral, therefore this project would not take away an area for equestrian development in the future. The roofline of the structure at its highest side will not exceed 15'. D. The proposed conditional use complies with all applicable development standards of the zone district as approved by this Resolution, because it is a permitted use under the Municipal Code. 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. Section 7. Based upon the foregoing findings of this Resolution, the Planning Commission hereby approves a Conditional Use Permit in Zoning Case No. 813 to permit construction of a new 1,213 square foot detached garage with 776 square feet of overhang with the following conditions: A. The CUP approval shall expire within two years from the effective date of approval of the project if work has not commenced as defined in Section 17.42.080 of the Zoning Ordinance, unless otherwise extended pursuant to the requirements of that section. Reso. 2012-06 2 13 Portuguese Bend Rd. • • B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the 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. The conditions of this Resolution shall be printed on the final copy of the plans and be available on site at all times during construction. D. All requirements of the Building and Construction Codes, 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, or shown otherwise on an approved plan. This shall include, but not be limited to the requirements of the Lighting, Roof Covering, Undergrounding of Utilities, Recycling Ordinances and all other requirements. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated February 28, 2012. F. The detached garage structure shall not exceed 1,213 square feet as measured from the outside walls and the overhangs may not exceed 388 sq.ft. on the front and back side of the structure and shall be subject to the following conditions: a. Shall not be located in the front yard or any setback b. A sink and toilet may be permitted c. A kitchen or kitchenette shall not be permitted d. No sleeping quarters or renting of the structure shall be permitted G. Should the detached garage as specified on the approved plan be converted to another use without required approvals, the permit granting the detached garage may be revoked, pursuant to Chapter 17.58, and the structure may have to be removed at the cost of the property owner. H. All utility lines serving the detached garage shall be placed underground. I. Structural lot coverage shall not exceed 8,662 square feet or 10.7% in conformance with lot coverage limitations of the Zoning Ordinance. J. Total lot coverage of structures and paved areas shall not exceed 16,970 square feet or 21.0% in conformance with lot coverage limitations of the Zoning Ordinance. K. The disturbed area of the lot shall not exceed 58,637 square feet or 72.7% of the net lot area and is legal nonconforming. No additional disturbance of the of shall be permitted. Reso. 2012-06 3 13 Portuguese Bend Rd. • • L. Residential building pad coverage on the 38,400 square foot existing building pad shall not exceed 8,255 square feet or 21.5%, excluding a portion of the porches, water feature and shed. M. There shall be no grading for this project. N. A minimum of 50% of the demolition and construction materials shall be recycled/diverted. Prior to granting a final inspection, verification shall be submitted to staff regarding the amount of recycled/diverted material and where it was taken on forms provided by the City. The hauling company shall obtain a construction and demolition (C&D) permit and pay the applicable fees. O. Perimeter easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, grading (both cut and fill), landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, except if otherwise approved by the RHCA. P. During construction, dust control measures shall be used to 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. Q. During construction, conformance with stormwater pollution prevention practices, County and local ordinances and engineering practices shall be required so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, erosion, or land subsidence. If required by the Building Official, Erosion Control Plan and implementation measures shall be implemented to control sediment discharge into storm drains. R. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby roadway easements, without blocking access to the residences adjacent thereto. 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 project shall be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to issuance of permits. Reso. 2012-06 4 13 Portuguese Bend Rd. • • U. Prior to issuance of building permits, the applicants shall execute and record an Affidavit of Acceptance of all conditions of this approval, or the approval shall not be effective. V. Prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission described in Condition E above. W. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. X. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AN OPTED THIS 20th DAY OF MARCH 2012. ARAG CI LF, E-CH RMAN ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-06 5 13 Portuguese Bend Rd. • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2012-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE ON A LOT DEVELOPED WITH A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES, IN ZONING CASE NO. 813 AT 13 PORTUGUESE BEND ROAD, (LOT 77-RH), (CARDENAS). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. was approved and adopted at a regular meeting of the Planning Commission on March 20, 2012 by the following roll call vote: AYES: Commissioners Henke, Mirsch and Vice Chairman Chelf. NOES: None. ABSENT: Commissioner Smith (excused) and Chairman Pieper (recused). ABSTAIN: None. and in compliance with the laws of California was posted at Administrative Offices. (Whim DEPUTY CITY CLERK Reso. 2012-06 6 13 Portuguese Bend Rd.