672, Construct a new garage in fron, Resolutions & Approval ConditionsRECORDING 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
§§
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
ZONING CASE NO. 672
4111
24710
MAR 1 8 2004
CITY OF ROLLING HILLS
By
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
1 PINTO ROAD, ROLLING HILLS, (LOT 36-FT), 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. 672
I (We) certify (or declare) under the penalty of
Sid ture
41 Gi /11. O rr,
Name typpedRRr printed
' 4- PI N-ro Ra 1 -D
Ad.clresp
Roil ive, Hills CFA
City/State
Signatures must be acknowledged by a notary oublic.
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
XX
XX
XX
perjury that the foregoing is true and correct.
ctt3 9,-) 4
Signature`
Name typed or printe
Address
City/State
State of California )
County of Los Angeles )
On 04 Feb2004 before me, Joyce F. Liu, Notary Public.
personally appeared PAIGE M. LADEMAN* * * * * * *
U4 0398656
T Recorder's Use Only
XX
XX
XX
* * * * * * * * * * * *
pim l trrlts, (or proved to me on the basis of satisfactory evidence) to be the persongs) whose name(
subscribed to the within instrument and acknowledged to me that sPfr/tt e t executed the same in r�fj�WIT authorized
capacity(ie and that bytis/ er/ lam signatures) on the instrumen the person(), or the entity upon behalf of which the
person() acted, executed the instrument.
OFFICIAL SEAL.
JOYCE F UU
ROTARY PUBLIC-CALIFORNIA
COMMISSION 0 1394679
LOS ANGELES COUNTY
My Commission Exp. Feb.18, 2007
Witness by hand and official seal..
O/
gnature of Notary
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
•
RESOLUTION NO. 2003-25.
•
goeqrA'
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW AND A CONDITIONAL USE PERMIT TO
CONSTRUCT A DETACHED GARAGE, AND A VARIANCE TO
PERMIT ENCROACHMENT WITH THE GARAGE INTO THE
FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 672, AT 1 PINTO ROAD
(LOT 36-FT), (LADEMAN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Ms. Paige Lademan with
respect to real property located at 1 Pinto Road, Rolling Hills (Lot 36-FT)
requesting a site plan review and conditional use permit to construct a 400
square foot detached garage, and a variance to encroach with the garage into the
front yard setback at an existing single family residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the applications on October 21, 2003, November 18, 2003,
and at a field trip visit on November 17, 2003. The applicant was notified of the
public hearings in writing by first class mail. Evidence was heard and presented
from all persons interested in affectingsaid proposal and from members of the
City staff. The Planning Commission reviewed, analyzed and studied said
proposal. The applicant and her representative were in attendance at the
hearings.
Section 3. There is an existing attached garage, which the applicant is
proposing to convert to living quarters. Originally, the applicant proposed to
convert an existing storage shed into a garage and attach it through a solid roof
to the main residence. Due to the prohibitions of the Building Code, such a
proposal was not possible.
Section 4. The property is located in the Flying Triangle, and abuts two
streets, Pinto Road and Portuguese Bend Road. The frontage of the property is
located along the longer street side, Pinto Road.
Section 5. Pursuant to Los Angeles County Building Code, properties
in the Flying Triangle in the City of Rolling Hills are considered to contain
"Geotechnical Hazards", and therefore, very limited development is permitted.
Section 110.2 of the Los Angeles County Building Code, which the City adopts
by reference, prohibits, subject to certain exceptions, the issuance of building
permits for properties located in geotechnical hazardous areas. One such
exception, contained in Section 110.2.3.5, permits issuance of a building permit
when the work involves one-story, light frame accessory structure not intended
Reso. No. 2003-25 1
1Pinto Rd. (Lademan)
04 0398656
3
• •
or used for human occupancy and not exceeding 400 square feet in area or 12 feet
in height.
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 construction
of the detached garage, 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 by this Resolution. The lot 2.38 acres gross and 80,729 square feet net,
as calculated for development purposes. The size of the existing and proposed
structures will be 7,226 square feet, which constitutes 9.5% 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 15,999 square feet
which equals 19.8% 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 pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences 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 garage will follow the
pattern and style of the original residence.
Reso. No. 2003-25 2
1Pinto Rd. (Lademan)
04 0398656
• •
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
structure will not cause the lot to look overdeveloped. Significant portions of the
lot will be left undeveloped. The proposed detached garage will not be visible
from Pinto Road.
F. 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.
G. 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. 672 for a detached garage as shown on the
Development Plan dated October 7, 2003 and marked Exhibit A, subject to the
conditions contained in this Resolution.
Section 9. 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 400 square foot detached garage. Such
garage will be located on an existing building pad and will encroach into the
front yard setback. 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
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 in
an area on the property where impervious surface 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 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.
Reso. No. 2003-25 3
1Pinto Rd. (Lademan)
04 0398656
• •
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 400 square foot size of the
detached garage is permitted under the Municipal Code, with the Variance as
approved in 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. An area for a future stable and corral has been set aside on the site.
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 a 400 square foot detached garage, in accordance with the
development plan dated October 7, 2003 and marked Exhibit A in Zoning Case
No. 672 subject to the conditions contained in this Resolution.
Section 11. Section 17.16.120 requires the front yard setback for every
residential parcel in the RA-S-2 Zone to be fifty (50) feet from the roadway
easement line. The applicant is requesting to construct a detached garage, which
will encroach 40 feet into the front 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 property is located in the Flying
Triangle area of the City, which has been designated as "Geotechnical Hazardous
Area", and very limited development is permitted in this area. Section 110.2.3.5,
of the Building Code permits issuance of a building permit in geotechnical
hazardous area when the work involves one-story, light frame accessory
structure not intended or used for human occupancy and not exceeding 400
square feet in area or 12 feet in height. The topography of the lot together with
the fact that the existing residence is located very close to the setbacks on the 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 proposed detached garage
will eliminate any 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 be
Reso. No. 2003-25 4
1Pinto Rd. (Lademan)
04 0398656
• •
constructed on an existing building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and
shrubs, is of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will permit the owners to
enjoy their property without deleterious infringement on the rights of
surrounding property owners.
Section 12. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance for Zoning Case
No. 672 to permit the detached garage to encroach forty feet into the front yard
setback, subject to the conditions specified in this Resolution.
Section 13 The Site Plan Review approval regarding the construction of
a detached garage approved in Section 8 of this Resolution, the Conditional Use
Permit regarding the construction of the detached garage approved in Section 10,
the Variance regarding the front yard encroachment of the detached garage
approved in Section 12 of this Resolution are subject to the following conditions:
A. The Site Plan Review, Variance, and Conditional Use Permit
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 of approval are violated, this approval shall be
suspended and the privileges granted hereunder shall lapse; provided that the
applicants have been given written notice to cease such violation, the
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 October 7,
2003 except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 7,726 square feet or 9.54%
in conformance with structural lot coverage limitations.
F. Total lot coverage of structures and paved areas shall not exceed
19,756 square feet or 19.8% in conformance with total lot coverage limitations.
G. The disturbed area of the lot shall not exceed 35.0% in conformance
with disturbed area limitations.
Reso. No. 2003-25 5
1Pinto Rd. (Lademan)
04 0398656
•
H. Residential building pad coverage on the 21,622 square foot
existing residential building pad shall not exceed 7,726 square feet or 35.7%.
I. No grading is necessary for this project.
J. The applicant shall execute a waiver as required by Section 110 of
the Building Code and as required by the Los Angeles County Department of
Building and Safety relieving the County and all officers and employees thereof
of any liability for any damage of loss, which may result from the issuance of a
permit. The applicant will perform the construction in accordance with Building
Code requirements, and will be fully responsible for the success or failure of the
work.
K. 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.
L. 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.
M. 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.
N. During construction, the Erosion Control Plan containing the
elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control storm water pollution as required by the County of Los
Angeles.
O. During and after construction, all parking shall take place on the
project site.
P. 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.
Q. 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.
R. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Reso. No. 2003-25 6
1Pinto Rd. (Lademan)
04 0398656
• •
Management Practices (BMP's) related to solid waste and storm water pollution
prevention.
S. Prior to granting a final inspection and/or certificate of occupancy,
all utility lines to the structure shall be placed underground.
T. The City's requirements related to outdoor lighting, roofing
material and construction and all other requirements shall be complied with.
U. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Variance, Conditional Use Permit and Site Plan Review
approvals, pursuant to Sections 17.38.060, 17.42.060 or the approval shall not be
effective.
V. 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 building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF DECEMBER 2003.
ARVEL WITTE, CHAIRMAN
ATTEST:
MARILYNT K RN, DEPUTY CITY CLERK
Reso. No. 2003-25 7
1Pinto Rd. (Lademan)
04 0398656
• •
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-25 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND A
CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE,
AND A VARIANCE TO PERMIT ENCROACHMENT WITH THE GARAGE
INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 672, AT 1 PINTO ROAD (LOT 36-FT),
(LADEMAN).
was approved and adopted at a regular meeting of the Planning Commission on
December 16, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins, Margeta, Sommer and
Chairman Witte.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
uh
DEPUTY CITY'YCLERK
Reso. No. 2003-25 8
1Pinto Rd. (Lademan)
04 0398656
•
City 0//eoffinv
January 13, 2004
Ms. Paige Lademan
1 Pinto Road
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
SUBJECT: ZONING CASE NO. 672, Request for Site Plan Review, Conditional Use
Permit and Variance to construct a detached garage.
Dear Ms. Lademan:
Your development application was reported to the City Council at their January 12, 2004
meeting. The City Council, after extensive discussion, received and filed the staff report
on your development.
The Planning Commission's decision in this matter shall become effective thirty days
after the adoption of the resolution by the Planning Commission, unless an appeal is
filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal
period. (Section 17.54.010(B) of the Rolling Hills Municipal Code).
If no appeals are filed within the thirty (30) day period after adoption of the Planning
Commission's Resolution, the Planning Commission's action will become final and you
will be required to cause to be recorded an Affidavit of Acceptance Form together with
the subject Resolution in the Office of the County Recorder before the Commission's
action takes effect.
Enclosed is a copy of RESOLUTION NO. 2003-25, specifying the conditions of approval
set forth by the Commission. Please complete the enclosed AFFIDAVIT OF
ACCEPTANCE FORM, have the signature(s) notarized, and forward the completed
form and the Resolution to:
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
Include a check in the amount of $9.00 for the first page and $3.00 for each additional
page.
The City will notify the Los Angeles County Building & Safety Division to issue permits
only after the Affidavit of Acceptance and the Resolution are recorded and received by
us and any conditions of the Resolution required prior to issuance of building permits
are met. As you go through the development process, please be aware of the conditions
@Printed on Recycaod ('.rpm
of the Resolution, as there conditions that have to be met "different stages of the
process.
Please feel free to call me at (310) 377-1521 if you have any questions.
Sinc rely,
olanta Schwartz
lanning Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 2003-25
DEVELOPMENT PLAN
cc: William Currier, AIA (letter only)