579, Construct a new cabana adjacen, Resolutions & Approval Conditions•
� 98 1701309
When recorded mail to:
CITY OF ROLLING HILLS
City Manager
2 Portuguese Bend Road
Rolling Hills, Ca 90274
(310) 377-1521
j (310) 377-7288 FAX
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
ZONING CASE NO. 579
. RECORDED/FILED IN OFFICIAL RECORbS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
10.41 AM SEP 21 1998
S2ace above for Recorder's use
AFFIDAVIT OF ACCEPTANCE FORM
) §§ D.A. FEE Code 20 $
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
18 EASTFIELD DRIVE (LOT 69-A-EF)
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said CITY ®F ROLLING HILLS
SITE PLAN REVIEW •
VARIANCE rty a
CONDITIONAL USE PERMIT •
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
PrOwner
F v 'l ` \ Print
O
Owner_ S tY2 Owner
Name
Signature
SITE PLAN REVIEW •
VARIANCE O
CONDITIONAL USE PERMIT
ZONING CASE NO. 579
Name
Signature_
S
Address / g 613TI- D P. Address
City/Statejj G!G�-%: C L� eA- 9e_21X City/State
Signatures must be acknowledged by a notary nublic.
State of California )
County of Los Angeles )
On Q q q U before me, - i L f 0 i%7/41 Z
puSS LI_ CO Le 5k woe.
personallyappeared
DEC 0 91998
, a Notary Public
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
4 � —Alb._
Witness by h
--
SILVIA QUIROZ
Commission # 1129664
Notary Public — California
Los Anccics County
My Comm. G:,;ires Mar 24.2001
Signature of No ry Pu
See Exhibit "A" attached hereto and made a part hereof
(/7
'FEES CGr _ G I
U
•
• d'
RESOLUTION NO. 98-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT
FOR A CABANA AND APPROVING A REQUEST FOR
MODIFICATIONS TO AN APPROVED SITE PLAN REVIEW
APPLICATION TO PERMIT THE CONSTRUCTION OF A CABANA
THAT REQUIRES INCREASED GRADING AT A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 579.
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. and Mrs. Russell Cole
Shoemaker with respect to real property located at 18 Eastfield Drive (Lot 69-A-EF),
Rolling Hills requesting a Conditional Use Permit to permit the construction of a
cabana and request for Site Plan Review modification to permit the construction of a
cabana that requires increased grading at a single family residential development.
Section 2. On December 17, 1996, the Planning Commission approved a
request for Site Plan Review application by Resolution No. 96-21 in Zoning Case No.
546 for the construction of a new single family residence, and other improvements
to replace an existing single family residence.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the applications on May 19, 1998 and June 16, 1998, and at a field
trip visit on June 9, 1998.
Section 4. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (State CEQA Guidelines, Section 15303(e) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 5. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code
permits approval of a Cabana or detached recreation room with a Conditional Use
Permit under certain conditions. The applicant is requesting to construct a 220
square foot cabana. 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 cabana 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 cabana
would be located in an area on the property where such use will not change the
existing configuration of structures on the lot.
98 1701309
RESOLUTION NO. 98-14
PAGE 1
• •
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of cabana will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or structures
because the proposed cabana structure will be 90 feet from the residential structure
and is a sufficient distance from nearby residences so that the cabana 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 cabana will comply with the low
profile residential development pattern of the community and is located on a 1.74
acre parcel of property that is adequate in size, shape and topography to
accommodate such use.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 220 square foot size of the cabana is less
than the 800 square foot maximum permitted for similar accessory buildings and the
cabana 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 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 the cabana will be adjacent to the pool.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves a Conditional Use Permit for the construction of a cabana in
accordance with the Development Plan attached hereto in Zoning Case No. 579
subject to the conditions contained in Section 9.
Section 7. Section 17.46.010 of the Rolling Hills Municipal Code requires a
development plan to be submitted for site plan review and approval before any
building or structure may be constructed or any expansion, addition, alteration or
repair to existing buildings may be made which involve changes to grading or an
increase to the size of the building or structure by at least 1,000 square feet and has
the effect of increasing the size of the building or structure by more than twenty-five
percent (25%) in any thirty-six month period. In addition, a condition of Resolution
No. 96-21 required that any modifications to the project which would constitute
additional structural development requires the filing of a new application for Site
Plan Review approval by the Planning Commission. The applicant is requesting to
modify the approved Site Plan by constructing a cabana that requires increased
grading. The applicant's latest proposal submitted on April 6, 1998, includes
additional grading of 85 cubic yards of cut soil and 85 cubic yards of fill soil for a total
of 565 cubic yards of cut soil and 565 cubic yards of fill soil. With respect to this
request, the Planning Commission makes the following findings of fact:
RESOLUTION NO. 98-14
PAGE 2
98 1701309
• •
A. The development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed grading together with the
other improvements on the property complies with the General Plan requirement
of low profile, low density residential development with sufficient open space
between surrounding structures. The project as modified conforms to Zoning Code
setback and lot coverage requirements. The lot has' a net square foot area of 62,471
square feet. The residence (5,079 sq.ft.), attached garage (1,192 sq.ft.), swimming pool
(624 sq. ft.), existing stable (320 sq.ft.), service yard (96 sq.ft.); and cabana (220 sq.ft.)
will have 7,531 square feet which constitutes 12.1% of the lot which is within the
maximum 20% structural lot coverage requirement. The total lot coverage
including paved areas and driveway will be 18,571 square feet which equals 29.7% of
the lot, which is within the 35% maximum overall lot coverage requirement. The
proposed project is on a relatively large lot with the proposed structures located
away from the road so as to reduce the visual impact of the development and is
similar and compatible with several neighboring developments. The building pad
is 26,786 square feet and structural coverage on the building pad is 28.1%.
B. The proposed development preserves and integrates into the site
design, to the maximum extent feasible, existing natural topographic features of the
lot including surrounding native vegetation, mature trees, drainage courses, and
land forms (such as hillsides and knolls) because a minimum amount of grading is
proposed and will only be done to provide approved drainage that will flow away
from the proposed residence and existing neighboring residences.
C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the canyons at
the east side (rear) of this lot.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
preserves several mature trees and shrubs.
E. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structures will not cause the structural and total lot coverage to be exceeded. The
residential and total lot coverage will not exceed the Planning Commission's
established guideline. Further, the proposed project is designed to minimize
grading. Significant portions of the lot will be left undeveloped so as to maintain
scenic vistas across the northerly portions of the property.
F. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As indicated
in Paragraph A, the lot coverage maximum will not be exceeded and the proposed
project is consistent with the scale of the neighborhood when compared to this
RESOLUTION NO. 98-14
PAGE 3
98 1701309
• •
irregular -shaped lot. Grading shall be permitted only to restore the natural, slope of
the property.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will utilize the same driveway to Eastfield Drive for access.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves a modification to an approved Site Plan Review application to
allow the proposed increased grading on the site for a cabana. The modifications are
shown on the Development Plan and marked Exhibit A in Zoning Case No. 579.
These approved modifications are subject to the conditions contained in Section 9 of
this Resolution.
Section 9. The Conditional Use Permit for a cabana approved in Section 6
and the modification to permit the increased grading for the cabana from the
amount previously approved in the Site Plan Review application, that is approved
in Section 8, as indicated on the Development Plan attached hereto and
incorporated herein as Exhibit A in Zoning Case No. 579, are subject to the following
list of conditions. These conditions include applicable conditions of approval
previously imposed on the Site Plan Review application by Resolution No. 96-21 on
December 17, 1996. To the extent these conditions duplicate prior conditions
imposed on this project, the conditions set forth herein shall be considered as
continuations of those prior requirements:
A. The Conditional Use Permit and Site Plan Review approvals shall
expire within one year from the effective date of approval as defined in Sections
17.42.070(A) and 17.46.080(A).
B. It is declared and made a condition of the Conditional Use Permit and
Site Plan Review approvals, that if any conditions thereof are violated, these
approvals shall be suspended and the privileges granted thereunder shall lapse;
provided that the applicant has been given written notice to cease such violation
and has failed to do so for a period of thirty (30) days.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the Permit, or shown otherwise on an
approved plan.
RESOLUTION NO. 98-14
PAGE 4
98 1701309
• •
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked, Exhibit A, except as otherwise provided in these
conditions.
E. The cabana shall not exceed 220 square feet.
F. No sleeping quarters or kitchen or other cooking facilities shall be
provided within the cabana or detached recreation room.
G. No vehicular access or paved parking area shall be developed within 50
feet of the cabana.
H. The basement door of the residence shall be solid (without windows)
and shall be subject to City staff approval.
I. Renting of the cabana is prohibited.
J. Any retaining walls incorporated into the project shall not exceed 5 feet
in height, averaging no more than 2-1/2 feet.
K. Residential building pad coverage shall not exceed 28.1%.
L. Maximum disturbed area shall not exceed 39.9% of the net lot area.
M. Grading shall not exceed 565 cubic yards of cut soil and 565 cubic yards
of fill soil.
N. Landscaping shall incorporate and preserve, to the maximum extent
feasible, the existing mature trees and shrubs and the natural landscape screening
surrounding the proposed building pad.
O. Two copies of a landscape plan must be submitted for review by the
Planning Department and include native drought -resistant vegetation that will not
disrupt the impact of the views of neighboring properties prior to the issuance of
any building or grading permit. The landscaping plan submitted must comply with
the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the maximum extent
feasible, plants that are native to the area and/or consistent with the rural character
of the community.
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 and building permit and shall be retained with the City for not less than two
years after landscape installation. The retained bond will be released by the City
Manager after the City Manager determines that the landscaping was installed
RESOLUTION NO. 98-14
PAGE 5
98 1701309
•
•
pursuant to the landscaping plan as approved, and that such landscaping is properly
established and in good condition.
P. 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.
Q. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
R. The applicants shall execute an Affidavit of Acceptance of all
conditions of this Conditional Use Permit and Site Plan Review, pursuant to
Section 17.42.060, or the approval shall not be effective.
S. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional development
shall require the filing of a new application for Site Plan Review approval by the
Planning Commission.
T. All conditions of these Conditional Use Permit and Site Plan Review
approvals must be complied with prior to the issuance of a building or grading
permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 21ST D • OF JU
ATTEST:
ry .1< .� J
MARILYN RN, DEPUTY CITY CLERK
RESOLUTION NO. 98-14
PAGE 6
ALLAN ROBERTS, CHAIRMAN
98 1101309
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 98-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT
FOR A CABANA AND APPROVING A REQUEST FOR
MODIFICATIONS TO AN APPROVED SITE PLAN REVIEW
APPLICATION TO PERMIT THE CONSTRUCTION OF A CABANA
THAT REQUIRES INCREASED GRADING AT A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT IN ZONING CASE NO. 579.
was approved and adopted at a regular meeting of the Planning Commission on
July 21, 1998 by the following roll call vote:
AYES:
Commissioners Hankins, Margeta, Sommer and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Witte.
and in compliance with the laws of California was posted at the following:
Administrative Offices
RESOLUTION NO. 98-14
PAGE7
g.
MARILYN KERN, DEPUTY CITY CLERK
98 1701309