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690, Add a master suite, enlarge th, Resolutions & Approval ConditionsRESOLUTION NO. 2005-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2004-21 AND APPROVING A TWO- YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION, A VARIANCE TO ENCROACH WITH THE ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO IMPORT SOIL AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 690 AT 6 CABALLEROS ROAD (LOT 1-SK), MABRY. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Milton Mabry, property owner, with respect to real property located at 6 Caballeros Road (lot 1-SK), Rolling Hills, CA requesting a two-year time extension for a previously approved zoning case. Section 2. The Commission considered this item at a meeting on October 18, 2005 at which time information was presented indicating that additional time is needed to process the development application. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 10 of Resolution No. 2004- 21, dated September 21, 2004 to read as follows: "A. The Site Plan Review and the Variance approvals are extended for two years and therefore, shall expire within three years from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code." Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2004-21 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 1: DAY OF OCTOBER 2005. LOREN DEROY, HAIR AN MAT KERN, D UTY CITY CLERK ATTEST: • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2005-34 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 2004-21 AND APPROVING A TWO-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF AN ADDITION, A VARIANCE TO ENCROACH WITH THE ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO IMPORT SOIL AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 690 AT 6 CABALLEROS ROAD (LOT 1- SK), MABRY. was approved and adopted at a regular meeting of the Planning Commission on October 18, 2005 by the following roll call vote: AYES Commissioners Hankins, Henke, Vice Chairman Witte and Chairwoman DeRoy. NOES: None. ABSENT: Commissioner Sommer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices RESOLUTION NO. 2004-21. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION; A VARIANCE TO ENCROACH WITH A PORTION OF THE ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO PERMIT IMPORTATION OF SOIL FOR THE CONSTRUCTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 690 AT 6 CABALLEROS ROAD, (LOT 1-SK) (MABRY). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Milton Mabry with respect to real property located at 6 Caballeros Road, Rolling Hills requesting a 1,346 square foot addition to an existing residence, of which 20 square feet and the service yard would encroach into the front setback. With the additions the house will be 4,316 square feet. The applicants also request a Variance to import 195 cubic yards of soil. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on June 15, July 20, 2004 and at a field trip visit on June 15, 2004. At the July meeting the applicants requested time to revise their proposal. Additional public hearing to consider the revised plan was held on August 17, 2004. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. 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 1,346 square foot addition to the 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 setbacks, except for the Variance approved herein, lot coverage and disturbed area requirements. B. The project substantially preserves the natural and undeveloped state of the lot. The proposed addition will be constructed mostly on an existing building pad and will utilize for most part already existing impervious surfaces. The project is of sufficient distance from nearby residences so that the additions 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. The proposed project is consistent with the scale of the neighborhood when compared to properties in the vicinity. D. The development plan incorporates existing vegetation to the maximum extent feasible. The development plan substantially preserves the natural and undeveloped state of the lot and the new additions will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space. E. 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 the existing driveway. F. The project is exempt from the requirements of the California Environmental Quality Act. Section 5. Based upon the foregoing findings of this Resolution, the Planning Commission hereby approves the Site Plan Review in Zoning Case No. 690 to permit additions as indicated on the development plan dated August 4, 2004, submitted with this application and incorporated herein by reference as Exhibit A, and subject to the conditions in Section 10. Section 6. 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. A Variance to Section 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front yard of not less than 50 feet from the roadway easement. The applicant is requesting a Variance to encroach with 20 square feet of the addition and with the service yard into the front setback. Approximately 30% of the existing house already encroaches into the front 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 because the lot size and configuration, together with the existing development on the lot creates a difficulty in meeting this Code requirement. The existing legal nonconforming residence and garage was built with the residence encroaching up to 25 feet into the front setback and the garage up to 35 feet. 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. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. 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. Development in the front yard setback will allow the remaining portion of the lot to remain undeveloped, and would minimize grading. That portion of the addition, which requires the Variance, is 20 square feet and is located behind the garage, which already encroaches into the setback, and will not be visible from the street nor adjacent properties. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 690 to encroach into the front setback at an existing single family residential development, as indicated on the development plan dated August 4, 2004, submitted with this application and incorporated herein by reference as Exhibit A, and subject to the conditions in Section 10. Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance 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. A Variance to Section 15.04.150 of the Building and Construction Chapter of the Rolling Hills Municipal Code is required because it states that no import or export of soil shall be permitted to or from any lot in the City. The applicant is requesting a Variance to import 195 cubic yard of soil. 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 because the lot size and configuration, together with the existing development on the lot creates a difficulty in meeting this Code requirement. The area of the proposed addition will be the least visible from the street or neighboring properties. However, currently there exists a slope, which needs to be filled in to create a slightly larger pad than currently exist for the addition. 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. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The importation of the soil permits the use of the lot to the extent allowed for other properties in the vicinity and will minimize the creation of an artificial pad area. With the importation of soil the existing building pad will increase by 782 square feet. The design blends with the existing contours to a maximum extend practicable and will result in a smooth, rounded terrain. 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 development will allow the remaining portion of the lot to remain undeveloped, and would minimize grading. With the importation of 195 cubic yards of soil, the applicants will prevent an artificial cut elsewhere on the property. Section 9. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 690 to import 195 cubic yards of soil at an existing single family residential development, as indicated on the development plan dated August 4, 2004, submitted with this application and incorporated herein by reference as Exhibit A, and subject to the conditions in Section 10. Section 10. The Site Plan review request to construct a 1,346 square foot addition approved in Section 5, the Variance request to encroach with 20 square feet and the service yard into the front setback approved in Section 7 and the Variance request to import 195 cubic yards of soil approved in Section 9 of this resolution are subject to the following conditions: A. The Site Plan review and the Variance approvals shall expire within one year from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approvals granted are otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Variances and Site Plan Review approvals, that if any conditions thereof 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 the Permit, or shown otherwise on an approved plan. D. This approval shall be subject to the approval of the soils, geology and geotechnical reports and studies by the Los Angeles County Department of Public Works. E. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated August 4, 2004, except as otherwise provided in these conditions. F. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. G. 195 cubic yards of soil may be imported to enlarge the building pad by 782 square feet for the construction of the addition. The applicant shall notify staff of when the importation will take place, and arrange for an inspection by the Building Official. H. The existing stable/corral area shall remain on the property or an area not less than 1,000 square feet, in the general location of the exiting stable shall be set aside for a future stable and corral. I. Structural lot coverage shall not exceed 6,367 square feet or 18.10% of the net lot area of the lot. J. Total lot coverage of structures and paved areas shall not exceed 11,868 square feet or 33.75% in conformance with lot coverage limitations. K. The disturbed area of the lot shall not exceed 13,960 square feet or 39.7% of the net lot area in conformance with the disturbance limitations. L. Residential building pad coverage on the 9,812 square foot residential building pad shall not exceed 5,905 square feet or 60,2%; the stable building pad shall have a coverage of 23.56%. M. The ridge height of the addition shall not exceed 19.5 feet from the finished grade. N. A not to exceed 2:1 slope shall be maintained behind the addition. O. Landscaping 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. P. All graded areas and slopes shall be landscaped. Landscaping in connection with this project shall be designed using native plants, shrubs and trees, which at full maturity shall not exceed the ridge height of the residence, and which would not obstruct views from neighboring properties. A copy of landscaping plan for the project shall be submitted for review by the Planning Department prior to the issuance of a building permit. Q. Any wall associated with this project shall not be located in the setbacks and shall not exceed five feet in height at any point, averaging 2 1/2 feet. R. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. S. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. T. 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 stormwater pollution as required by the County of Los Angeles. U. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. V. 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. W. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. X. 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 stormwater drainage and run-off facilities. Xa. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development, shall require the filing of a new application for approval by the Planning Commission. Y. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. Z. A drainage plan system shall be approved by the Planning Department and County District Engineer. Any water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner. AA. If an above ground drainage system is utilized, including the energy dissipater, it shall be designed in such a manner as to not cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. AB. All utility lines shall be placed underground. The roof material for the residence shall comply with the City of Rolling Hills Building Code requirements. The development shall comply with the City of Rolling Hills Outdoor Lighting requirements. AC. The applicants shall pay all of the applicable School District fees, Los Angeles County Building and Safety and Public Works Department fees. AD. 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 permit. AE. Until the applicant executes an Affidavit of Acceptance of all conditions of the Variances and Site Plan Review approvals, as required by Section 17.42.070 of the Municipal Code, the approvals shall not be effective. AF. All conditions of the Variances and Site Plan approvals that apply shall be complied with prior to the issuance of a grading or building permit by the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 21 DAY OF SEPTEMBER 2004. ATTEST: d! ROGER OMMER, CHAIRMAN MARILYI ERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2004-21 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION; A VARIANCE TO ENCROACH WITH A PORTION OF THE ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO PERMIT IMPORTATION OF SOIL FOR THE CONSTRUCTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 690 AT 6 CABALLEROS ROAD, (LOT 1-SK) (MABRY). was approved and adopted at a regular meeting of the Planning Commission on September 21, 2004, by the following roll call vote: AYES: Commissioner DeRoy, Hankins, Witte and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: Commissioner Margeta. and in compliance with the laws of California was posted at the following: Administrative Offices. A '14Y CI CLERK TITLE(S) : • This page is part of your document - DO NOT DISCARD 04 2853243 RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 12:01 PM NOV 03 2004 LEA) SHEET FEE D.T.T FEE $34 pp DAF$ L, C-20. �. CODE 20 CODE 19 CODE 9 Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown THIS FORM NOT TO BE DUPLICATED Sfgnatu MILTON M. MABRY JR. . Name typed or printed 6 Caballeros Road Address Rollins Rills. CA City/State • 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 0 F ACCEPTANCE FORM STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 690 • 04 2853243 SITE PLAN REVIEW X X VARIANCE X X 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: 6 CABALLEROS ROAD, ROLLING HILLS, (LOT 1-SK) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 690 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT XX XX T Recorder's Use Only // /7'�ZGyit ‘6-5-c> 6-51 Zoo q --Z( I (We) ce (or declare) der the penalty of perjury that the foreg ing is, true and co C(LJr\ Signature Michelle Ann Mabry Name typed or printed 6 Caballeros Road Address 90274Rolling Hills. CA 90274 City/State Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On 11/03/2004 before me,'`Nanry Milton M. Mabry7 and Michelle personally appeared A_ Riit1 ar (Notary P, ^},7.f r l Mabry******************* personally known to me (or evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledge: to me tha • We/they executed the same in 1A/Ir/their authorized capacity(ies) and that by >is/fr/their signat s) on the instrumen e person(s), or the entity upon behalf of which the person(s) acted, executed the instrumerjl, Witnesg by hand and off ial se Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT State of California County of Los Angeles On November 3, 2004 Date Milton M. personally appeared NANCY A. BUTLER Commiss<on i 12B67111 Notary Public - Coiffure] Laas Angeles County htrIConwn.EivikoDoce.231N PTIONAL before me, Nancy A. Butler (Notary Public) ******** Name and Title of Officer (e.g., "Jane Doe, Notary Public") Mabry Jr. and Michelle Ann Mabry***************** . Name(s) of Signer(s) '14 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that I'/ e/they executed the same in1 ;s/hr/their authorized capacity(ies), and that by 1 /fir/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. G/i't& i . OSignature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Affidavit Of Acc•pptanre Form Document Date: None Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1 OLD Lain' Top of thumb here © 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 RESOLUTION NO. 2004-21. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION; A VARIANCE TO ENCROACH WITH A PORTION OF THE ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO PERMIT IMPORTATION OF SOIL FOR THE CONSTRUCTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 690 AT 6 CABALLEROS ROAD, (LOT 1-SK) (MABRY). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Milton Mabry with respect to real property located at 6 Caballeros Road, Rolling Hills requesting a 1,346 square foot addition to an existing residence, of which 20 square feet and the service yard would encroach into the front setback. With the additions the house will be 4,316 square feet. The applicants also request a Variance to import 195 cubic yards of soil. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on June 15, July 20, 2004 and at a field trip visit on June 15, 2004. At the July meeting the applicants requested time to revise their proposal. Additional public hearing to consider the revised plan was held on August 17, 2004. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representatives were in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. 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 1,346 square foot addition to the 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 setbacks, except for the Variance approved herein, lot coverage and disturbed area requirements. B. The project substantially preserves the natural and undeveloped state of the lot. The proposed addition will be constructed mostly on an existing building pad and will utilize for most part already existing impervious surfaces. The project is of sufficient distance from nearby residences so that the additions 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. The proposed project is consistent with the scale of the neighborhood when compared to properties in the vicinity. D. The development plan incorporates existing vegetation to the maximum extent feasible. The development plan substantially preserves the natural and undeveloped state of the lot and the new additions will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space. E. 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 the existing driveway. F. The project is exempt from the requirements of the California Environmental Quality Act. Section 5. Based upon the foregoing findings of this Resolution, the Planning Commission hereby approves the Site Plan Review in Zoning Case No. 690 to permit additions as indicated on the development plan dated August 4, 2004, submitted with this application and incorporated herein by reference as Exhibit A, and subject to the conditions in Section 10. Section 6. 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. A Variance to Section 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front yard of not less than 50 feet from the roadway easement. The applicant is requesting a Variance to encroach with 20 square feet of the addition and with the service yard into the front setback. Approximately 30% of the existing house already encroaches into the front 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 because the lot size and configuration, together • i with the existing development on the lot creates a difficulty in meeting this Code requirement. The existing legal nonconforming residence and garage was built with the residence encroaching up to 25 feet into the front setback and the garage up to 35 feet. 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. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. 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. Development in the front yard setback will allow the remaining portion of the lot to remain undeveloped, and would minimize grading. That portion of the addition, which requires the Variance, is 20 square feet and is located behind the garage, which already encroaches into the setback, and will not be visible from the street nor adjacent. properties. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 690 to encroach into the front setback at an existing single family residential development, as indicated on the development plan dated August 4, 2004, submitted with this application and incorporated herein by reference as Exhibit A, and subject to the conditions in Section 10. Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance 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. A Variance to Section 15.04.150 of the Building and Construction Chapter of the Rolling Hills Municipal Code is required because it states that no import or export of soil shall be permitted to or from any lot in the City. The applicant is requesting a Variance to import 195 cubic yard of soil. 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 because the lot size and configuration, together with the existing development on the lot creates a difficulty in meeting this Code requirement. The area of the proposed addition will be the least visible from the street or neighboring properties. However, currently there exists a slope, which needs to be filled in to create a slightly larger pad than currently exist for the addition. • • 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. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The importation of the soil permits the use of the lot to the extent allowed for other properties in the vicinity and will minimize the creation of an artificial pad area. With the importation of soil the existing building pad will increase by 782 square feet. The design blends with the existing contours to a maximum extend practicable and will result in a smooth, rounded terrain. 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 development will allow the remaining portion of the lot to remain undeveloped, and would minimize grading. With the importation of 195 cubic yards of soil, the applicants will prevent an artificial cut elsewhere on the property. Section 9. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 690 to import 195 cubic yards of soil at an existing single family residential development, as indicated on the development plan dated August 4, 2004, submitted with this application and incorporated herein by reference as Exhibit A, and subject to the conditions in Section 10. Section 10. The Site Plan review request to construct a 1,346 square foot addition approved in Section 5, the Variance request to encroach with 20 square feet and the service yard into the front setback approved in Section 7 and the Variance request to import 195 cubic yards of soil approved in Section 9 of this resolution are subject to the following conditions: A. The Site Plan review and the Variance approvals shall expire within one year from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of the Rolling Hills Municipal Code, or the approvals granted are otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Variances and Site Plan Review approvals, that if any conditions thereof 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 the Permit, or shown otherwise on an approved plan. • • D. This approval shall be subject to the approval of the soils, geology and geotechnical reports and studies by the Los Angeles County Department of Public Works. E. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated August 4, 2004, except as otherwise provided in these conditions. F. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. G. 195 cubic yards of soil may be imported to enlarge the building pad by 782 square feet for the construction of the addition. The applicant shall notify staff of when the importation will take place, and arrange for an inspection by the Building Official. H. The existing stable/corral area shall remain on the property or an area not less than 1,000 square feet, in the general location of the exiting stable shall be set aside for a future stable and corral. I. Structural lot coverage shall not exceed 6,367 square feet or 18.10% of the net lot area of the lot. J. Total lot coverage of structures and paved areas shall not exceed 11,868 square feet or 33.75% in conformance with lot coverage limitations. K. The disturbed area of the lot shall not exceed 13,960 square feet or 39.7% of the net lot area in conformance with the disturbance limitations. L. Residential building pad coverage on the 9,812 square foot residential building pad shall not exceed 5,905 square feet or 60,2%; the stable building pad shall have a coverage of 23.56%. M. The ridge height of the addition shall not exceed 19.5 feet from the finished grade. N. A not to exceed 2:1 slope shall be maintained behind the addition. O. Landscaping 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. • • P. All graded areas and slopes shall be landscaped. Landscaping in connection with this project shall be designed using native plants, shrubs and trees, which at full maturity shall not exceed the ridge height of the residence, and which would not obstruct views from neighboring properties. A copy of landscaping plan for the project shall be submitted for review by the Planning Department prior to the issuance of a building permit. Q. Any wall associated with this project shall not be located in the setbacks and shall not exceed five feet in height at any point, averaging 2 1 /2 feet. R. During construction, any soil disturbance shall preserve the existing topography, flora, and natural features to the greatest extent possible. S. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. T. 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 stormwater pollution as required by the County of Los Angeles. U. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. V. 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. W. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. X. 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 stormwater drainage and run-off facilities. Xa. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development, shall require the filing of a new application for approval by the Planning Commission. • • Y. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. Z. A drainage plan system shall be approved by the Planning Department and County District Engineer. Any water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner. AA. If an above ground drainage system is utilized, including the energy dissipater, it shall be designed in such a manner as to not cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. AB. All utility lines shall be placed underground. The roof material for the residence shall comply with the City of Rolling Hills Building Code requirements. The development shall comply with the City of Rolling Hills Outdoor Lighting requirements. AC. The applicants shall pay all of the applicable School District fees, Los Angeles County Building and Safety and Public Works Department fees. AD. 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 permit. AE. Until the applicant executes an Affidavit of Acceptance of all conditions of the Variances and Site Plan Review approvals, as required by Section 17.42.070 of the Municipal Code, the approvals shall not be effective. AF. All conditions of the Variances and Site Plan approvals that apply shall be complied with prior to the issuance of a grading or building permit by the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 21 DAY OF SEPTEMBER 2004. ATTEST: MARILYI,CERN, DEPUTY CITY CLERK IN4) ROGER OMMER, CHAIRMAN STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2004-21 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION; A VARIANCE TO. ENCROACH WITH A PORTION OF THE ADDITION INTO THE FRONT SETBACK AND A VARIANCE TO PERMIT IMPORTATION OF SOIL FOR THE CONSTRUCTION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 690 AT 6 CABALLEROS ROAD, (LOT 1-SK) (MABRY). was approved and adopted at a regular meeting of the Planning Commission on September 21, 2004, by the following roll call vote: AYES: Commissioner DeRoy, Hankins, Witte and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: Commissioner Margeta. and in compliance with the laws of California was posted at the following: Administrative Offices. prr u'I'Y CI CLERK • • This is a tato and certified copy of the record if it bears the seal, imprinted in purple ink, of the ilegistrar-Recorder/County Clerk .nrano NOV 03 20 ' A..reot,i_BEGISIRAR-REcoRDERicouNTYCLERK Los ANG LEs COUNTY, CALIFORNIA