563, Construct an additional 2-car , Resolutions & Approval ConditionsRESOLUTION NO. 2001-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS APPROVING A MODIFICATION TO
PLANNING COMMISSION RESOLUTION NO. 2000-07,
APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED
VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT
YARD SETBACK TO CONSTRUCT A RESIDENTIAL ADDITION
AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION OF SUBSTANTIAL ADDITION TO A SINGLE
FAMILY RESIDENCE AT 7 PORTUGUESE BEND ROAD IN
ZONING CASE NO. 612.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Mr. Howard Hall with respect to
real property located at 7 Portuguese Bend Road (Lot 41-RH), Rolling Hills,
requesting a one year time extension for a previously approved Variance to
encroach into the front yard setback and a Site Plan Review to permit the
construction of substantial additions at a single family residence that was
approved by the Planning Commission by Resolution No. 2000-07 on March 21,
2000.
Section 2. The Commission considered this item at a meeting on March
20, 2001, at which time information was presented indicating that the extension
of time is necessary because the applicant was unable to find a qualified
contractor to perform the work.
Section 3. Based on information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 8 of Resolution No. 2000-
07, dated March 21, 2000, to read as follows:
"The Variance and Site Plan approvals shall expire within two years from
the effective date of approval, as defined in Sections 17.38.070 (A) and 17.46.080
(A), unless construction on the applicable portions of the structure have
commenced within that time period."
Section 4. Except as herein amended, the provisions of Resolution No.
2000-07 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 20T DAY F • S CH 2001.
ALLAN R'ERTS, CHAIRMAN
ATTEST:
MARILYN FERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Resolution No. 2001-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 2000-07, APPROVING AN EXTENSION TO
A PREVIOUSLY APPROVED VARIANCE TO PERMIT ENCROACHMENT
INTO THE FRONT YARD SETBACK TO CONSTRUCT A RESIDENTIAL
ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR THE
CONSTRUCTION OF SUBSTANTIAL ADDITION TO A SINGLE FAMILY
RESIDENCE AT 7 PORTUGUESE BEND ROAD IN ZONING CASE NO. 612.
was approved and adopted at a regular meeting of the Planning Commission on
March 20, 2001 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Robers.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
•
RESOLUTION NO. 98-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 97-24 AND APPROVING AN
EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO
PERMIT A PORTION OF A RESIDENCE TO ENCROACH INTO THE
FRONT YARD SETBACK AND A PREVIOUSLY APPROVED SITE
PLAN REVIEW TO CONSTRUCT SUBSTANTIAL ADDITIONS TO
AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
563.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. A request has been filed by Mr. Howard H. Hall with respect to
real property located at 7 Portuguese Bend Road (Lot 41-RH), Rolling Hills,
requesting an extension to a previously approved Variance to permit a portion of a
residence to encroach into the front yard setback and a previously approved Site
Plan Review to conEtruct substantial additions to an existing single family residence.
Section 2. The Commission considered this item at a meeting on
September 15, 1998. The extension of time is necessary in order to comply with both
the City and Community Association requirements.
Section 3. Based upon information and evidence submitted, the Planning
Commission does hereby amend Paragraph A, Section 8 of Resolution No. 97-24,
dated October 21, 19)7, to read as follows:
"A. The Variance and Site Plan Review approvals shall expire within two
years of the approval of this Resolution unless construction on the applicable
portions of the stru Jture have commenced within that time period."
Section 4. except as herein amended, the provisions of Resolution No. 97-
24 shall continue to be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 15THEMBER, 1998.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
IX\a) \2 AzN,
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 98-20
PAGE 1 OF 2
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 98-20 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING
COMMISSION RESOLUTION NO. 97-24 AND APPROVING A N
EXTENSION TO 'A PREVIOUSLY APPROVED VARIANCE TO
PERMIT A PORTION OF A RESIDENCE TO ENCROACH INTO THE
FRONT YARD SETBACK AND A PREVIOUSLY APPROVED SITE
PLAN REVIEW TO CONSTRUCT SUBSTANTIAL ADDITIONS TO
AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO.
563.
was approved and adopted at a regular meeting of the Planning Commission on
September 15, 1998 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, White
And Chairman Roberts.
NOES: None.
ABSENT: Commissioner Sommer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY CITY CLERK
RESOLUTION NO. 98-20
PAGE 2 OF 2
99 4111667.1
2
givd-A4
REQUESTED BY AN►..,Mn. TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310)377-1521
(310) 377-7288 FAX
U .A. FEE Code 2O $
I F'EE s..) $ . Y
Recorders Use l�
Please record this form with the Registrar -Recorder's Office and return to:
City of Rolling Hills, 2 Portuguese Bend Road, Robing Hill::, CA 90274
(The Registrar -Recorder's Office requires that the form be notarized before recordation).
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGFJ FS ) § §
. CITY OF ROLLING HILLS ' )
ZONING CASE NO. 563
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
7 PORTUGUESE BEND ROAD (LOT 41-RI it
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 563. SITE PLAN REVIEW ■
VARIANCE
CONDITIONAL USE PERMIT Q.
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Print Print
Owner ¢%-f/i Ill caner
ignature
Name �i"�1 D (%�% S2410 same
n ,) r Signature 7�l- j�
.3 W' i�� - J - /E vrez i'%
Address
City/State 6.214 /#6- # l/-L5
Signatures must be acknowledged by a notary public.
State of California )
Countypf Los Angeles )
personally appeared
Address
City/State
efore e, i 1�/ . t �-��
,Ak/.1/4'V- /(//r
Personally known to me -OR- [t] 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, execut
RUTH A. GEIGER it'less
COMM. st 161636
'.','► NOTARY PUBUC • CAUFORNIA X
LOS ANGELES COUNTY
Commission Ent'.
Signature of Notary
See Exhibit "A" attached hereto and made a part hereof
RESOLUTION NO. 97-24
1416671
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TOE PERMIT . ,
ENCROACHMENT INTO THE FRONT YARD SETBACK TO
CONSTRUCT A RESIDENTIAL ADDITION AND GRANTING SITE
PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF
SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 563.
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. Howard H. Hall with respect
to real property located at 7 Portuguese Bend Road, Rolling Hills (Lot 41-RH)
requesting a Variance to permit encroachment into the front yard setback to
construct a residential addition and Site Plan Review for the construction of
substantial additions to a single family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on August 19, 1997 and September 16, 1997, and
at a field trip visit on September 13, 1997.
Section 3. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (State CA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when ' exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity.
Section 17.16.110 requires the front yard setback for every residential parcel to be fifty
(50) feet. The applicant is requesting to encroach up to a maximum 4 feet into the 50
foot front yard setback to permit the encroachment of a 105 square foot enclosure of
a portion of an existing porch. 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 at the corner of two
streets, one of which is the main thoroughfare Portuguese Bend Road, and the
building pad is located close to both streets. The existing residence encroaches up to
5 feet into the front yard setback.
99 14ii
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 development and use of the subject property in a manner -consistent with the
shape of the lot and development of other property on this street justifies this
additional small incursion into the front yard setback. There will not be any greater
incursion into the front yard setback than already exists.
C. The granting of the Variance would not be materially detrimental to
the public welfare or injurious to the property orr improvements in such vicinity
and zone in which the property is located. Allowing the proposed incursion into
the front yard setback will not allow any greater incursion than already exists. In
addition, development on this portion of the pad will allow a substantial portion of
the more environmentally significant rear portions of the lot to remain
undeveloped.
Section 5 . Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 563 to permit the encroachment
of a 105 square foot enclosure of a portion of an existing porch that will encroach a
maximum of 4 feet into the fifty foot (50') front yard setback, as indicated on the
development plan submitted with this application and incorporated herein by
reference as Exhibit A, subject to the conditions specified in Section 8 of this
Resolution.
Section 6. Section, 17.46.030 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 by more than twenty-five percent (25%) in any thirty-six (36) month period.
With respect to the Site Plan Review application, 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 structure complies
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 and lot coverage requirements with the
Variance approved in Section 5 of this Resolution. The lot has a net square foot area
of 48,522 square feet. The proposed residence (4,980 sq.ft.), garage (1,380 sq.ft.), porch
(430 sq.ft.), and service yard (100 sq.ft.) will have 7,340 square feet which constitutes
15.1% of the lot which is within the maximum 20% structural lot coverage
requirement. The total lot coverage including paved areas and driveway will be
12,117 square feet which equals 24.9% of the lot, which is within the 35% maximum
overall lot coverage requirement. The proposed project is on a relatively large lot
RESOLUTION NO. 97-24
PAGE2
•
99 1416671
with most of the proposed structures located below the road so as to reduce the
visual impact of the development.
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). The lot is relatively flat, grading will not
be required, and most of the mature trees will not be removed. Grading 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 west 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 and supplements it 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 structural and total lot coverage to be exceeded.
Although the project will have a buildable pad coverage of 37.2%, the project will be
located on a relatively flat lot where significant portions of the lot will be left
undeveloped. The development plans will minimize impact on Portuguese Bend
Road. The reconfiguration of the doors to the garage/workshop that currently faces
Portuguese Bend Road will face Blackwater Canyon Road and will minimize impact
of the residence from Portuguese Bend Road. Significant portions of the lot will be
left undeveloped.
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
irregular -shaped lot. The ratio of the proposed structure to lot coverage is similar to
the ratio found on several properties in the vicinity.
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 use existing driveways and replace and relocate a garage
entrance for vehicular access that will have less of an impact on Portuguese Bend
Road.
RESOLUTION NO. 97-24
PAGE 3
•
•99 1416671
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 563 for a
proposed residential development as indicated on the development plan
incorporated herein as Exhibit A and subject to the conditions contained in Section
8.
Section 8. The Variance to the front yard setback approved in Section 5 and
the Site Plan Review approved in Section 7 of this Resolution are subject to the
following conditions:
A. The Variance and Site Plan Review approvals shall expire, within one
year from the effective date of approval as defined in Sections 17.38.070(A) and
17.46.080(A), unless construction on the applicable portions of the structure have
commenced within that time period.
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, the approval shall be
suspended and the privileges granted thereunder shall be subject to revocation;
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 and has been provided
additional notice and a hearing prior to the revocation of the Permit.
C. All requirements of the Buildings Code of the City of Rolling Hills and
the Rolling Hills Zoning Ordinance must be complied with unless otherwise set
forth in the Permit, or shown otherwise on an approved plan.
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. Grading shall not be permitted for the proposed project.
F. The existing trees and shrubs along Blackwater Canyon Road shall be
trimmed and maintained for sight visibility and to screen the garage/workshop.
G. Landscaping shall be designed so as not to obstruct views of
neighboring properties but, to obscure structures. Tall trees such as Eucalyptus and
Sequoia shall not be planted.
H. 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.
RESOLUTION NO. 97-24
PAGE 4
1.416671
I. Residential building pad coverage shall not exceed 37.2%.
J. 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 shall not exceed a
steepness of a 2 to 1 slope ratio.
K. 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.
L. 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.
M. All conditions of these Variance 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.
N. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance and Site Plan Review approvals, or the approvals shall not be
effective.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY, OC EIC)1997.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, I3EPUTY CITY CLERK
RESOLUTION NO. 97-24
PAGE 5
•
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
9 14 1
I certify that the foregoing Resolution No. 97-24 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT
ENCROACHMENT INTO THE FRONT YARD SETBACK TO
CONSTRUCT A RESIDENTIAL ADDITION AND GRANTING SITE
PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF
SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 563.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on October 21, 1997 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None .
ABSENT: None .
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 97-24
PAGE 6