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653, Construct a guest house with e, Resolutions & Approval ConditionsRESOLUTION NO. 952• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO CITY COUNCIL RESOLUTION NO. 935 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91-EF. (TONSICH). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Nicholas Tonsich with respect to real property located at 40 Eastifeld Drive (Lot 91-EF), Rolling Hills, requesting an extension to a previously approved Site Plan Review, Conditional Use Permits and Variances for the construction of an addition to a single family residence, a guesthouse, a detached garage and a future stable. Section 2. The City Council considered this item at a meeting May 24, 2004, at which time information was presented indicating that the extension of time is necessary in order to complete the soils and geology reports. Section 3. Based upon information and evidence submitted, the City Council does hereby amend Paragraph A, Section 19 of Resolution No. 935, dated May 27, 2003, to read as follows: "A. The Site Plan Review, Variances and Conditional Use Permits approvals shall expire within two years from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as defined in Sections 17.38.070A, 17.42.070A and 17.46.080A" Section 4. Except as herein amended, the provisions of Resolution No. 935 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 24TH D AREA MAYOR PRO ATTEST: MARILYN KERN, DEPUTY CITY CLERK 1�IAY 2004. Resolution No. 952 -1- STATE OF CALIFIIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) ) §§ I certify that the foregoing Resolution No. 952 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO CITY COUNCIL RESOLUTION NO. 935 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91-EF. (TONSICH). was approved and adopted at a regular meeting of the City Council on May 24, 2004, by the following roll call vote: AYES: Councilmembers Black, Hill, Lay .and Mayor Pro Tem, Pernell. NOES: None. ABSENT: Mayor Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices 1 < -1 A, DEPUTY CITY CLERK Resolution No. 952 -2- • • 9- RECORDING REQUESTED BY AND MAIL TO 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. AFFIDAVIT O F ACCEPTANCE FORM 04 0832012 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ ZONING CASE NO. 653 T Recorder's Use Only SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT X X LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 40 Eastfield Drive (LOT 91-EF) Rolling Hills, CA 90274 This property is the subject of the above numbered cases and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 653 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) cert' (or declare) under the penalty of perjury that the foregoing is true and correct. llr-�ilC� -e-1-4CJ r4S . c11,etzdt.) Signature Signatur idov i4tEet- S. •-roestC. 4 Ni Name typed or printed Name t(b t7AsTFtEtz be-AVE 22 Address Addr ( . t tJt Ehu,S r CA City/State Signatures must be acknowledged by a notary public. •i I Cy . •Titu.sItt.g printed EbtAta. . eA City/State Cr XX XX XX State of California ) County of Los Angeles) �,{ On before me, f UCi- vt R V u"'(��, klot1.Zrz it ' / personally appeared ' aA J • TCM i i h N (C_VddaS h • personally known to me (or proved to me on the basis of satisfactory evidence) to be the erson whose a is is/40 subscribed to the within instrument and ac wedged to me that he/she/tt1 executed the In his/he IPauthorized and that by his/herL elr qnature(s on the instrument the, De or * or the entity upon behalf of which the ed executed the instrument. 1<MARA P. GARCIA Commission S 1325232 Notary Public - Calif° Los Angeles County 14yComm. Expires Cad14,2 J / Signature of Notary er..�.��,�ens W.aag;;�Wrvv.¢'�'•.n�,Fi"'_e'ui^ym`�.v �v��"..:'is:.4..i �_7 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF s by hand and official seal. • RESOLUTION NO. 935. 40 04 0832012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE'IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91-EF. (TONSICH). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. Nicholas Tonsich with respect to real property located at 40 Eastfield Drive, Rolling Hills (Lot 91-EF) requesting a site plan review request to construct a 666 square foot addition, a 596 square foot detached garage, an 800 square foot guesthouse and a future stable; a variance request for encroachment of the garage into the side yard setback; a variance request to construct the guesthouse in the front area of a through lot; and requests for conditional use permits to construct the guesthouse and the detached garage. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on August 20, and October 15, 2002, and at a field trip visit on September 11, 2002. At the November 19, 2003, the Planning Commission approved the subject project by Resolution No. 2002-15, by a vote of 4-1. Section 3. At the November 25, 2002 City Council meeting the Council took Jurisdiction of Zoning Case No. 653. Section 4. The City Council conducted duly noticed public hearings to consider the application on January 13, 2003, February 10, 2003, February 24, 2003, March 10, 2003, May 12, 2003 and at a site visit on February 6, 2003. Staff accompanied Mayor Pro Tem Heinsheimer to visit the project site on March 5, 2003, and Councilmember Black on March 18, 2003. The applicants were notified of the public hearing in writing by first class mail and were in attendance. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 5. During the public hearing process and at the field trip, members of the City Council expressed concern about the proximity of the proposed detached garage to the, adjacent residence and to the easement line. Counci,lmembers suggested that the proposed garage be moved, to lessen the impact of the encroachment into the side yard setback. At the May 12, 2003 public hearing the applicant agreed to locate the proposed detached garage fourteen (14) feet from the westerly side yard setback, allowing for a six (6) foot encroachment into the 20-foot required side yard setback. Section 6. The property is currently developed with a 2,355 square foot residence, a 400 square foot detached garage, 310 square foot storage structure, a 442 square foot swimming pool, and a 51 square foot service yard/pool equipment shed. The service yard/pool equipment shed is proposed to be relocated. The detached garage and storage structure currently encroach into the side yard setback and are proposed to be demolished. Section 7. Records show that the existing house with an attached garage was constructed in 1950. There are no records on file for the detached garage or the storage building. These structures, are therefore, not permitted. There are also no records indicating that the attached garage, constructed with the house in 1950, was legally converted into living space. An inspection by a Building Official shall be "required to ascertain that the conversion of the attached garage to living area was completed to the standards set forth in the applicable Building Code. Section 8. The City Council finds that the project qualifies as a Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land Alteration) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 9. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any development requiring a grading permit or any building or structure may be constructed or any expansion, addition, alteration or repair to existing Resolution No. 935 -1- • • 04 0832012 Li buildings may be made which involve changes togradingor an increase to the size of the building or structure by at least 1,000 square feet and as the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting additions, construction of the guesthouse, the detached garage and a future stable at an existing single-family residence, the City Council 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 structures comply 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 requirements with the Variance approved in Section 14 of this Resolution. The lot has a net area of 39,664 square feet, as calculated for development purposes. The size of the existing and proposed structures will be 5,360 square feet, which constitutes 13.5% of the net lot area, which is within the maximum 20% structural lot coverage permitted. The total lot coverage including paved areas and driveways will be 11,783 square feet which equals 29.7% of the net lot, which is within the 35% maximum overall lot coverage permitted. The proposed project is screened from the road so as to reduce the visual impact of the development. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building 'coverage. The topography and the configuration of the lot, has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed construction will be constructed on an existing building pads, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, are of sufficient distance from nearby residences 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. C. The proposed development, as conditioned; is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to properties in the vicinity. The proposed residential addition will follow the pattern and style of the original residence. The proposed guesthouse will be built into the existing slope to minimize its impact and eliminate the need to create a new building pad. The proposed 596 square foot detached garage will replace two illegal 710 square feet structures. -- D. The development plan incorporates existing trees and native vegetation to the maximum extent feasible. Specifically, the development plan will supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. 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 lot to look overdeveloped. The proposed additions were designed to minimize lot coverage. Significant portions of the lot will be left undeveloped. The proposed addition, detached garage and the guesthouse will not be visible from Eastfield Drive or from Outrider Road. F. The development plan preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. 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 not change the existing circulation pattern and will utilize an existing driveway. H. The project is exempt from the requirements of the California Environmental Quality Act Section 10. Based upon the foregoing findings and the evidence in the record, the City Council hereby approves the Site Plan Review application for Zoning Case No. 653 for proposed structures, including the addition, detached garage, guest house and a future stable, subject to the conditions contained in Section 19 of this Resolution. Section 11. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits approval of a guesthouse under certain conditions, provided the Planning Commission approves a Conditional Use Permit. The applicant is requesting to construct an 800 square foot guesthouse. Such guesthouse will be located in the front yard area of the lot. With respect to this request for a Conditional Use Permit, the City Council finds as follows: Resolution No. 935 -2- • • 04 0832012 5 A. The granting of a Conditional Use Permit for the construction of a guesthouse 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 guesthouse 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 guesthouse will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed guesthouse will be nestled behind existing trees on the lower pad to promote pad integration and is of sufficient distance from nearby residences so that the guesthouse will not impact the view or privacy of surrounding neighbors. In order to assure that views are preserved, the Eucalyptus trees located in the vicinity of the proposed guesthouse will be removed and alternate landscaping installed. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the guesthouse will comply with the low profile residential development pattern of the community and the structure already exists. D. The proposed conditional use complies with all applicable development standards of the zone district because the 800 square foot size of the guesthouse is the maximum permitted under the Municipal Code and the guesthouse 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 an adequate area is set -aside for the construction of a future stable structure and adjacent corral. Section 12. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for the construction of an 800 square foot guesthouse, subject to the conditions contained in Section 19 of this Resolution. Section 13. Section 17.16.210(A)(4) of the Rolling Hills Municipal Code permits approval of a detached garage under certain conditions, provided a Conditional Use Permit for such use is approved by the Planning Commission. The applicant is requesting to construct a 596 square foot detached garage. Such garage will be located in the same general area as the existing illegal structures, which will be demolished, and will encroach ten feet into the side yard setback. With respect to this request for a Conditional Use Permit, the City Council 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 because the use is consistent with similar uses in the community. The area proposed for the detached garage is the same general area on the property where a similar use already exists and 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 detached garage will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed garage will be smaller in size than the existing structures at that location and 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 detached garage will comply with the low profile residential development pattern of the community. D. The proposed conditional use complies with all applicable development standards of the zone district because the 596 square foot size of the detached garage is permitted under the Municipal Code, with the Variance as approved in Section 16 of this Resolution. Resolution No. 935 -3- • 04 0832012 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 it will not be visible from the road or neighboring properties. A future stable is proposed on the site. Section 14. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for the construction of a 596 square foot detached garage, subject to the conditions contained in Section 19 of this Resolution. Section 15. Section 17.16.120 requires the side yard setback for every residential parcel in the RA-S-1 Zone to be twenty (20) feet from the side property line. The applicant is requesting to construct a detached garage, which will encroach ten feet into the side yard setback. With respect to this request for a Variance, the City Council finds as follows: 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 Variance request is to replace an unauthorized structure, which already encroaches into the side yard setback, with a new legal detached garage in the same general location. The steep topography of the lot together with the fact that the lot is a through lot creates a difficulty in constructing the garage 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 Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the garage elsewhere on the property. The lot is large for the zone in which it is located, however due to the double frontage of the lot and the fact that a driveway, which serves the property to the east traverses the entire width of this lot, the net lot area for development purposes is drastically reduced. The proposed detached garage will minimize the need to grade, as the existing access to the proposed garage will be utilized. 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 garage will follow along the line of the existing encroachment of the unauthorized structures, which will be demolished and will mitigate the necessity for any additional grading. Section 16. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 653 to permit the detached garage to encroach six (6) feet into the westerly side yard setback, subject to the conditions specified in Section 19 of this Resolution. Section 17. Section 17.16.110 requires that front yard setback be fifty (50) feet from the roadway easement line, and Section 17.16.130 requires that the rear yard setback be fifty (50) feet from the rear property line. Section 17.12.250 requires that where a rear yard abuts a street, it shall be considered a front yard, as defined in the Zoning Code. Therefore, the required setback is measured from the roadway easement and not from the property line. In addition, no construction is allowed in the front yard, other than the primary residence. The applicant is requesting to construct an 800 square foot guesthouse, to be located in the rear of the primary residence, but on that portion of the lot that abuts a street, as this lot is a through lot, which means it fronts on two streets. With respect to this request for a Variance, the City council 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 lot is a through lot. In any other circumstance the location of the proposed guesthouse would be allowed without a variance. The guesthouse will be located behind existing shrubbery close to an existing hillside slope and away from the street. The proposed location of the guesthouse is desired so as to preserve the safety and integrity of the slopes and leave nearly all of the existing open space of the lower pad of the property unaffected. 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 will permit the development of the property in a Resolution No. 935 -4- • • 04 0832012 manner similar to development patterns on surrounding properties. The location of the building pads and the development pattern of the remaining structures on site, especially the driveways dictate that the proposed guesthouse be located in the rear of the existing residence, but in the front yard area due to the double frontage of the lot. C. The granting of the Variance will 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 because the proposed development will not be visible to neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. Section 18. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Variance for Zoning Case No. 653 to permit the construction of an 800 square foot guesthouse in the front yard area of a through lot subject to the conditions specified in Section 19 of this Resolution. Section 19 The Site Plan Review approval regarding the additions, and construction of the guesthouse and a detached garage approved in Section 10 of this Resolution, the Conditional Use Permit regarding the construction of a guesthouse approved in Section 12, the Conditional Use Permit regarding the construction of the detached garage approved in Section 14, the Variance regarding the side yard encroachment of the detached garage approved in Section 16 and the Variance regarding the location of the guesthouse approved in Section 18 of this Resolution are subject to the following conditions: A. The Site Plan Review, Variances, and Conditional Use Permits approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070(A), 17.42.070(A), and 17.46.080(A) of the Zoning Ordinance unless otherwise extended pursuant to the requirements of those sections. B. If any conditions if 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 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. A revised site plan showing the 6-foot side yard setback encroachment with the garage shall be submitted to the Planning Department. The lot shall be developed and maintained in substantial conformance with the revised site plan, except as otherwise provided in these conditions. E. Structural lot coverage shall not exceed 5,360 square feet or 13.5% in conformance with structural lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 11,783 square feet or 29.7% in conformance with lot coverage limitations. G. The disturbed area of the lot shall not exceed 15,866 square feet or 40.0% in conformance with disturbed area limitations. H. Residential building pad coverage on the 10,069 square foot residential building pad shall not exceed 4,110 square feet or 40.8%; coverage on the existing 2,307 square foot guesthouse/future stable pad shall not exceed 54.2%. I. The guesthouse shall not exceed 800 square feet of floor area, and shall comply with the requirements as specified in Section 17.16.210A(5) of the Zoning Ordinance, including, but not be limited to the following: 1. No kitchen or other cooking facilities shall be provided within the guesthouse. 2. No vehicular access or paved parking area shall be developed within fifty feet of the proposed guesthouse. 3. Renting of the guesthouse is prohibited. 4. Occupancy of the guesthouse shall be limited to persons employed on the premises and their immediate family, the immediate family members of the occupants of the Resolution No. 935 -5- • • 04 0832012 main residence or 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. J. Grading shall not exceed 111 cubic yards of cut soil and 111 cubic yards of fill soil. Grading shall be balanced on site and shall preserve the existing flora to the greatest extent possible. K. The proposed retaining walls incorporated into the project shall not exceed a height of 5 feet at any one point, averaging no more than 2.5 feet. L. The existing unauthorized detached structures shall be demolished. The new detached garage shall be constructed and completed concurrently with the additions to the house and/or the construction of the guesthouse. No final inspection for occupancy of the additions and/or the guesthouse shall be granted unless and until the detached garage is completed and ready for a final inspection. M. Prior to conducting a final inspection for the additions, detached garage and/or the guesthouse, art inspection of that part of the house, which was converted from a garage into living area, 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 any of the other improvements. N. In the event that the approvals contained in this Resolution expire, as stipulated in Section 19, subparagraph "A" of this Resolution, the City will immediately initiate code enforcement proceedings to assure that a legal two -car garage is provided on the property, and that the converted garage is inspected and that it complies with all applicable building codes. O. In the event that only some of the improvements approved by this Resolution are constructed, the unauthorized garage and storage structure shall be demolished and the applicant shall construct the approved detached garage, apply to the Planning Commission for modified garage or apply to legalize the existing unauthorized structure. A final inspection for the improvements will not be granted, unless there exists a legal garage on the property, which is to be completed concurrently with any other improvements. An inspection of the converted living area, as required in subparagraph "M" above, shall be required prior to securing final inspection for any of the improvements or for the new garage. P. Two sets of landscaping plans for the areas surrounding the guesthouse and for all other graded areas, as well as the garage area shall be submitted for review and approval to the Planning staff. The landscape plan shall include water efficient irrigation, to the maximum extent feasible, that incorporates a 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. Q. Landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but to obscure the guesthouse and the detached garage from the neighbors and from the roadways. The trees and shrubs at full maturity shall not exceed the ridge height of the structures. The Eucalyptus trees located in the vicinity of the proposed guesthouse shall be removed, so as to prevent future view obstruction. R. Two copies of landscaping plans and a cost estimate for material, labor and irrigation to implement the landscaping plan shall be submitted for review by the Planning Department prior to the issuance of a grading or building permit. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading permit and shall be retained with the City for not less than two years after landscape installation. After the two- year period, upon the request of the applicant, the retained bond will be released by the City Manager after the City Manager or his designee determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. S. 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. Resolution No. 935 -6- • r 04 0832012 T. 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. U. 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. V. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1998 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. W. During and after construction, all parking shall take place on the project site. X. 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. Y. 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. Z. 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. AA. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permits. AB. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. AC. Prior to granting a final inspection and/or certificate of occupancy, all utility lines shall be placed underground. AD. The City's and the Community Association's requirements related to outdoor lighting, roofing material and construction and all other requirements shall be complied with. AE. 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 must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. AF. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variances, Conditional Use Permit and Site Plan Review approvals, pursuant to Section 17.38.060, or the approval shall not be effective. AG. All conditions, when applicable, of the Variances, Conditional Use Permits and Site Plan Review approvals must be complied with prior to the issuance of a grading or building permit from the County of Los Angeles. AH. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. PASSED, APPROVED AND ADOPTED THIS 27th DAY OF MAY, 2003. (:)9 FRANK E. HILL, MAYOR Resolution No. 935 -7- /0 ATTEST: 041 0832012 CRAIG NFLIS, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS I certify that the foregoing Resolution 935 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A SITE, PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91-EF. (TONSICH). was approved and adopted at a regular meeting of the City Council on May.27, 2003 by the following roll call vote: AYES: anun'ayormhirti,Black, Lay, Pernell, Mayor Pro-Tem Heinsheimer NOES: None. ABSENT: Norte. s ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. CITY .CLERK Resolution No. 935 -8- • • RESOLUTION NO. 2002-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91-EF. (TONSICH). 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. Nicholas Tonsich with respect to real property located at 40 Eastfield Drive, Rolling Hills (Lot 91-EF) requesting a site plan review request to construct a 666 square foot addition, a 596 square foot detached garage, an 800 square foot guesthouse and a future stable, which would require a variance, when constructed; a variance request for encroachment of the garage into the side yard setback; a variance request to construct the guesthouse in the front area of a through lot; and requests for conditional use permits to construct the guesthouse and the detached garage. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on August 20, and October 15, 2002, and at a field trip visit on September 11, 2002. 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 were in attendance at the hearings. Section 3. During the field trip the Commission expressed concerns about the many CUP's and Variances being requested and especially the fact that the proposal exceeded the maximum pad coverage allowed under the code. The applicant submitted a revised application, which was considered by the Planning Commission at the October 15, 2002 public hearing. Section 4. The property is currently developed with a 2,355 square foot residence, a 400 square foot detached garage, 310 square foot storage structure, a 442 square foot swimming pool, and a 51 square foot service yard/pool equipment shed. The service yard/pool equipment shed is proposed to be relocated. The detached garage and storage structure currently encroach into the side yard setback and are proposed to be demolished. Reso. 2002-15 ZC No. 653 1 • • Section 5. Records show that the existing house with an attached garage was constructed in 1950. There are no records on file for the detached garage or the storage building. These structures, are therefore, not permitted. There are also no records indicating that the attached garage, constructed with the house in 1950, was legally converted into living space. An inspection by a Building Official shall be required to ascertain that the conversion of the attached garage to living area was completed to the standards set forth in the applicable Building Code. Section 6. The Planning Commission finds that the project qualifies as a Class 4 Exemption (State of CA Guidelines, Section 15304 - Minor Land Alteration) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any development requiring a grading permit or 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 by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting additions, construction of the guesthouse, the detached garage and a future stable at an existing single-family residence, 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 structures comply 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 requirements with the Variance approved in Section 14 of this Resolution. The lot has a net area of 39,664 square feet, as calculated for development purposes. The size of the existing and proposed structures will be 5,360 square feet, which constitutes 13.5% of the net lot area, which is within the maximum 20% structural lot coverage permitted. The total lot coverage including paved areas and driveways will be 11,783 square feet which equals 29.7% of the net lot, which is within the 35% maximum overall lot coverage permitted. The proposed project is screened from the road so as to reduce the visual impact of the development. B. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. The topography and the configuration of the lot, has been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the proposed construction will be constructed on an existing building pads, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, are of sufficient distance from nearby residences 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. Reso. 2002-15 ZC No. 653 2 • C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to properties in the vicinity. The proposed residential addition will follow the pattern and style of the original residence. The proposed guesthouse will be built into the existing slope to minimize its impact and eliminate the need to create a new building pad. The proposed 596 square foot detached garage will replace two illegal 710 square feet structures. D. The development plan incorporates existing trees and native vegetation to the maximum extent feasible. Specifically, the development plan will supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. 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 lot to look overdeveloped. The proposed additions were designed to minimize lot coverage. Significant portions of the lot will be left undeveloped. The proposed addition, detached garage and the guesthouse will not be visible from Eastfield Drive or from Outrider Road. F. The development plan preserves surrounding native vegetation and mature trees and supplements these elements with drought -tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. 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 not change the existing circulation pattern and will utilize an existing driveway. H. The project is exempt from the requirements of the California Environmental Quality Act Section 8. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 653 for proposed structures as shown on the Development Plan dated November 5, 2002 and marked Exhibit A, subject to the conditions contained in Section 17 of this Resolution. Section 9. Section 17.16.210(A)(5) of the Rolling Hills Municipal Code permits approval of a guesthouse under certain conditions, provided the Planning Commission approves a Conditional Use Permit. The applicant is requesting to construct an 800 square foot guesthouse. Such guesthouse will be located in the front yard area 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 guesthouse would be consistent with the purposes and objectives of the Zoning Reso. 2002-15 ZC No. 653 3 • • 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 guesthouse 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 guesthouse will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed guesthouse will be nestled behind existing trees on the lower pad to promote pad integration and is of sufficient distance from nearby residences so that the guesthouse will not impact the view or privacy of surrounding neighbors. In order to assure that views are preserved, the Eucalyptus trees located in the vicinity of the proposed guesthouse will be removed and alternate landscaping installed. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the guesthouse will comply with the low profile residential development pattern of the community and the structure already exists. D. The proposed conditional use complies with all applicable development standards of the zone district because the 800 square foot size of the guesthouse is the maximum permitted under the Municipal Code and the guesthouse 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 an adequate area is set -aside for the construction of a future stable structure and adjacent corral. Section 10. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for the construction of an 800 square foot guesthouse, in accordance with the development plan dated November 5, 2002 and marked Exhibit A in Zoning Case No. 653 subject to the conditions contained in Section 17 of this Resolution. Section 11. Section 17.16.210(A)(4) of the Rolling Hills Municipal Code permits approval of a detached garage under certain conditions, provided a Conditional Use Permit for such use is approved by the Planning Commission. The applicant is requesting to construct a 596 square foot detached garage. Such garage will be located in the same general area as the existing illegal structures, which will be demolished, and will encroach ten feet into the side yard setback. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: Reso. 2002-15 ZC No. 653 4 • • 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 because the use is consistent with similar uses in the community. The area proposed for the detached garage is the same general area on the property where a similar use already exists and 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 detached garage will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed garage will be smaller in size than the existing structures at that location and 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 detached garage will comply with the low profile residential development pattern of the community. D. The proposed conditional use complies with all applicable development standards of the zone district because the 596 square foot size of the detached garage is permitted under the Municipal Code, with the Variance ' as approved in Section 14 of this Resolution. 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 it will not be visible from the road or neighboring properties. A future stable is proposed on the site. Section 12. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for the construction of a 596 square foot detached garage, in accordance with the development plan dated November 5, 2002 and marked Exhibit A in Zoning Case No. 653 subject to the conditions contained in Section 17 of this Resolution. Section 13. Section 17.16.120 requires the side yard setback for every residential parcel in the RA-S-1 Zone to be twenty (20) feet from the side property line. The applicant is requesting to construct a detached garage, which will encroach ten feet into the side 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 that do not apply generally to the other property or class of use in the same zone. The Variance request is to replace an unauthorized structure, which already encroaches into the side yard setback, with a new legal detached garage in the same general location. The steep topography of the lot Reso. 2002-15 ZC No. 653 5 • • together with the fact that the lot is a through lot creates a difficulty in constructing the garage 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 Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the garage elsewhere on the property. The lot is large for the zone in which it is located, however due to the double frontage of the lot and the fact that a driveway, which serves the property to the east traverses the entire width of this lot, the net lot area for development purposes is drastically reduced. The proposed detached garage will minimize the need to grade, as the existing access to the proposed garage will be utilized. 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 garage will follow along the line of the existing encroachment of the unauthorized structures, which will be demolished and will mitigate the necessity for any additional grading. Section 14. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 653 to permit the detached garage to encroach into the side yard setback, subject to the conditions specified in Section 17 of this Resolution. Section 15. Section 17.16.110 requires that front yard setback be fifty (50) feet from the roadway easement line, and Section 17.16.130 requires that the rear yard setback be fifty (50) feet from the rear property line. Section 17.12.250 requires that where a rear yard abuts a street, it shall be considered a front yard, as defined in the Zoning Code. Therefore, the required setback is measured from the roadway easement and not from the property line. In addition, no construction is allowed in the front yard, other than the primary residence. The applicant is requesting to construct an 800 square foot guesthouse, to be located in the rear of the primary residence, but on that portion of the lot that abuts a street, as this lot is a through lot, which means it fronts on two streets. 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 lot is a through lot. In any other circumstance the location of the proposed guesthouse would be allowed without a variance. The guesthouse will be located behind existing shrubbery close to an existing hillside slope and away from the street. The proposed location of the guesthouse is desired so as to preserve the safety and integrity of the slopes and leave nearly all of the existing open space of the lower pad of the property unaffected. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and Reso. 2002-15 ZC No. 653 6 • • zone, but which is denied to the property in question. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. The location of the building pads and the development pattern of the remaining structures on site, especially the driveways dictate that the proposed guesthouse be located in the rear of the existing residence, but in the front yard area due to the double frontage of the lot. C. The granting of the Variance will 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 because the proposed development will not be visible to neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. Section 16. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Variance for Zoning Case No. 653 to permit the construction of a guesthouse in the front yard area, as indicated on the development plan dated November 5, 2002, submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 17 of this Resolution. Section 17 The Site Plan Review approval regarding the additions, and construction of the guesthouse and a detached garage approved in Section 8 of this Resolution, the Conditional Use Permit regarding the construction of a guesthouse approved in Section 10, the Conditional Use Permit regarding the construction of the detached garage approved in Section 12, the Variance regarding the side yard encroachment of the detached garage approved in Section 14 and the Variance regarding the location of the guesthouse approved in Section 16 of this Resolution are subject to the following conditions: A. The Site Plan Review, Variances, and Conditional Use Permits approvals shall expire within one year from the effective date of approval as defined in Sections 17.38.070(A), 17.42.070(A), and 17.46.080(A) of the Zoning Ordinance unless otherwise extended pursuant to the requirements of those sections. B. If any conditions if 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 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 November 5, 2002, except as otherwise provided in these conditions. Reso, 2002-15 ZC No. 653 7 • • E. Structural lot coverage shall not exceed 5,360 square feet or 13.5% in conformance with structural lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 11,783 square feet or 29.7% in conformance with lot coverage limitations. G. The disturbed area of the lot shall not exceed 15,866 square feet or 40.0% in conformance with disturbed area limitations. H. Residential building pad coverage on the 10,069 square foot residential building pad shall not exceed 4,110 square feet or 40.8%; coverage on the existing 2,307 square foot guesthouse/future stable pad shall not exceed 54.2%. I. The guesthouse shall not exceed 800 square feet of net floor area, and shall comply with the requirements as specified in Section 17.16.210A(5) of the Zoning Ordinance, including, but not be limited to the following: 1. No kitchen or other cooking facilities shall be provided within the guesthouse. 2. No vehicular access or paved parking area shall be developed within fifty feet of the proposed guesthouse. 3. Renting of the guesthouse is prohibited. 4. Occupancy of the guesthouse shall be limited to persons employed on the premises and their immediate family, the immediate family members of the occupants of the main residence or 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. J. Grading shall not exceed 111 cubic yards of cut soil and 111 cubic yards of fill soil. Grading shall be balanced on site and shall preserve the existing flora to the greatest extent possible. K. The proposed retaining walls incorporated into the project shall not exceed a height of 5 feet at any one point, averaging no more than 2.5 feet. L. The existing unauthorized detached structures shall be demolished. The new detached garage shall be constructed and completed concurrently with the additions to the house and/or the construction of the guesthouse. No final inspection for occupancy of the additions and/or the guesthouse shall be granted unless and until the detached garage is completed and ready for a final inspection. M. Prior to conducting a final inspection for the additions, detached garage and/or the guesthouse, an inspection of that part of the house, which was converted from a garage into living area, 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 any of the other improvements. Reso. 2002-15 ZC No. 653 8 N. In the event that the approvals contained in this Resolution expire, as stipulated in Section 17, subparagraph "A" of this Resolution, the City will immediately initiate code enforcement proceedings to assure that a legal two -car garage is provided on the property, and that the converted garage is inspected and that it complies with all applicable building codes. O. In the event that only some of the improvements approved by this Resolution are constructed, the unauthorized garage and storage structure shall be demolished and the applicant shall construct the approved detached garage, apply to the Planning Commission for modified garage or apply to legalize the existing unauthorized structure. A final inspection for the improvements will not be granted, unless there exists a legal garage on the property, which is to be completed concurrently with any other improvements. An inspection of the converted living area, as required in subparagraph "M" above, shall be required prior to securing final inspection for any of the improvements or for the new garage. P. Two sets of landscaping plans for the areas surrounding the guesthouse and for all other graded areas, as well as the garage area shall be submitted for review and approval to the Planning staff. The landscape plan shall include water efficient irrigation, to the maximum extent feasible, that incorporates a 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. Q. Landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but to obscure the guesthouse and the detached garage from the neighbors and from the roadways. The trees and shrubs at full maturity shall not exceed the ridge height of the structures. The Eucalyptus trees located in the vicinity of the proposed guesthouse shall be removed, so as to prevent future view obstruction. R. Two copies of landscaping plans and a cost estimate for material, labor and irrigation to implement the landscaping plan shall be submitted for review by the Planning Department prior to the issuance of a grading or building permit. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading permit and shall be retained with the City for not less than two years after landscape installation. After the two-year period, upon the request of the applicant, the retained bond will be released by the City Manager after the City Manager or his designee determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. S. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by Reso. 2002-15 ZC No. 653 9 • . construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. T. 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. U. 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. V. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 1998 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. site. W. During and after construction, all parking shall take place on the project X. 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. Y. 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. Z. 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. AA. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permits. AB. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. AC. Prior to granting a final inspection and/or certificate of occupancy, all utility lines shall be placed underground. AD. The City's and the Community Association's requirements related to outdoor lighting, roofing material and construction and all other requirements shall be complied with. Reso. 2002-15 ZC No. 653 10 • STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2002-15 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW REQUEST TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE, A GUESTHOUSE, A DETACHED GARAGE AND A FUTURE STABLE; GRANTING A VARIANCE REQUEST FOR ENCROACHMENT OF THE GARAGE INTO THE SIDE YARD SETBACK; GRANTING A VARIANCE REQUEST FOR LOCATING THE GUESTHOUSE IN THE FRONT AREA OF A THROUGH LOT; AND GRANTING CONDITIONAL USE PERMITS FOR THE GUESTHOUSE AND THE DETACHED GARAGE AT AN EXISTING SINGLE-FAMILY RESIDENCE IN ZONING CASE NO. 653 AT 40 EASTFIELD DRIVE, LOT 91-EF. (TONSICH). was approved and adopted at a regular meeting of the Planning Commission on November 19, 2002 by the following roll call vote: AYES: NOES: Commissioners DeRoy, Sommer, Witte and Chairwoman Hankins. Commissioner Margeta. ABSENT: None . ABSTAIN: None.. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2002-15 ZC No. 653 rn��.„ (J . eA DEPUTY CTY CLERK 12 • • AE. 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 must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. AF. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variances, Conditional Use Permit and Site Plan Review approvals, pursuant to Section 17.38.060, or the approval shall not be effective. AG. All conditions, when applicable, of the Variances, Conditional Use Permits and Site Plan Review approvals must be complied with prior to the issuance of a grading or building permit from the County of Los Angeles. AH. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional grading or structural development, shall require the filing of a new application for approval by the Planning Commission. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF NOVEMBER 2002. ESE HANKINS, CHAIRWOMAN ATTEST: o r� ` F1 A 1I'^�//_ • �" `•_ MARILYN_ ERN, DEPUTY CITY CLERK Reso. 2002-15 ZC No. 653 11