Loading...
719, Addition to SFR with small por, Resolutions & Approval Conditions• 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 OF ACCEPTANCE FORM ID 06-1714454 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ ZONING CASE NO. 719 SITE PLAN REVIEW X X VARIANCE XX CONDITIONAL USE PERMIT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 16 GEORGEFF ROAD, ROLLING HILLS, (LOT 6-GF) 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. 719 (We) certify (or declare) u Signat Name typ Address City/State SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT ;; the penalty perjury that the fore mg is true and corret4p �6.'SeM,). r prind ( te€&r c_ v, 46t., oA5. r fo):74 Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On Vul-yaoao� before me, personally appeared Sign7#pr ) tine% Be; / ke Name typed or print got, 6 ( ce Rdt, Addy ss �6/41r f-�;Its (A roct75 City/State 1/i✓DA v, 57 k, ,C/e7 1-/LV T'ul�Lic ✓�Y/za W. Rg'iAg ge-i,ke T Recorders Use Only pe onally known to Ire (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is F.m subscribed to the within instrument and acknowledged to me that he/she/executed the same in his/heri authorize• ignature(s) on the instrument the person(s), or the entity upon behalf of which the nt. acted, = -' < ` " instru Commission rtt 1467227 Notary Public - CalNomki los Angeles County MV Comm. Expkos Fob 1, Witness . nd and; ff' ignature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF State of eile 44,e/// % County of I S ,4d6 EZ eS } } } On a L % a 4l 20d C before me, /» I k.. SAW' /( rlif-/t1Y M61/ G (Insert Name of Notary Public and Title) personally appeared . /M0 W geZkit s vim!/CY%GE t • BG74t' - personally known to me (or proved to me the basis of satisfactory evidence) to be the person(s) whose name(s) istsubscribed to the within instrument and acknowledged to me that he/sh executed the same in higher authorized capacity, and that by his/h 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. Signature LINDA J. STARK Commission # 1467227 Notary Public - California Los Angeles County My Comm. Expires Feb 1.2004 ackpara (12/05) RESOLUTION NO. 2006-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION AND GRANTING A VARIANCE TO PERMIT A PORTION OF THE ADDITION TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 719, AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE). 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. Jared Beilke with respect to real property located at 16 Georgeff Road, Rolling Hills (Lot 6-GF) requesting a 1,165 square foot addition to the existing residence, of which 96 square feet would encroach into the south side yard setback. When completed the residence would be 3,624 square feet with a 572 square foot garage. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application and at a regular meeting on December 20, 2005, January 17, 2006 and at a field trip on January 17, 2006. 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 representative were in attendance at the hearings. Section 3. The Planning Commission considered the request for the Variance, the proximity of the descending slope to the addition that encroaches into the side setback, and the encroachment of eaves and/or gables into the side yard setback. Commissioner Witte expressed that he would recommend approval of the Site Plan Review for the addition, but not approval of the. Variance portion of the application. Section 4. 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 5. Section 17.46.030 requires a development plan to be submitted for Site Plan Review and approval before any grading 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, which is measured from the date that a certificate of occupancy is issued for a prior addition. The applicants propose to add 1,165 square foot addition, of which approximately 96 square feet would encroach into the setback. With respect to the Site Plan Review application for the addition the Planning Commission finds as follows: • • 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 and lot coverage requirements, except for the portion requiring a Variance. The net lot area of the lot is 37,120 square feet. The proposed residence (3,624 sq.ft.), garage (572 sq.ft.), covered porches/entryway (330 sq.ft.), service yard (96 sq.ft.), and the stable (400 sq.ft. existing; 50 sq.ft. future set aside) will have 5,072 square feet of structures, which constitutes 13.7% of the net lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway will be 8,246 square feet, which constitutes 22.2% of the net lot which is within the 35% maximum overall net lot coverage requirement. The proposed project is screened from the road so as to reduce the visual impact of the development. The disturbed area of the lot will be 39%, which is within the 40% maximum permitted, and is pre-existing. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The existing shrubs and trees along the southern portion on the parcel will remain and will screen the additions. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structures will be constructed on a portion of the lot which is not intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is of sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors, and will utilize the existing building pad for the new construction, so that no grading would be required. C. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project does not require grading and conforms to the Zoning Code lot coverage requirements. D. 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 set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. E. The development plan incorporates existing trees and native vegetation, and the landscaping is compatible with and enhances the rural character of the community. Reso. 2006-02 16 Georgeff Rd. F. The development plan follows natural contours of the site and utilizes the existing building pad. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway. H. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application in Zoning Case No. 719 for construction of a 1,165 square foot addition to the residence subject to the conditions contained in Section 8 of this Resolution. Section 7. 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 17.16.120 is required because it states that every lot in the RAS-1 zone shall have a side yard of not less than 20 feet from the side property line. The applicant is requesting a Variance to encroach between 1 foot to 6 feet into the required 20-foot south side yard setback, for a total of 96 square feet encroachment. 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 has been developed in this manner in 1957. The lot was graded at that time to create a pad for construction of living area. The topography of the lot together with the fact that the existing residence is located in the front setback creates a difficulty in constructing the addition 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 existing residence is 2,459 square feet with a two -car garage. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the addition elsewhere on the property. The portion of the addition that would encroach into the setback is a natural extension of the interior flow of the floor plan. With the addition of 1,165 square feet, the residence would be comparable in size to the homes in the vicinity. 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 addition 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, and is of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding Reso. 2006-02 16 Georgeff Rd. - • • neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of .the community. The proposed addition will not encroach into the existing or potentially future equestrian uses on the property. A suitable stable and corral exist on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hills 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 structural lot coverage and the total impervious lot coverage are within the requirements of the City. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Variance and Site Plan Review in Zoning Case No. 719 subject to the following conditions: A. The Site Plan Review and Variance approval shall expire within two years from the effective date of approval as defined in Sections 17.46.080 and 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Site Plan Review and Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has 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 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. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated December 1, 2005 except as otherwise provided in these conditions. E. The property on which the project is located contains a 400 square foot stable and corral with access thereto and it shall remain on the, property. Additional 50 square foot for a future addition has been set aside for a total of 450 square foot stable, as required by the Zoning Ordinance. F. The property owners shall comply with the requirements of the Lighting Requirements of the City of Rolling Hills, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. Reso. 2006-02 16 Georgeff Rd. H. Utility lines serving subject residence shall be placed underground. I. Structural lot coverage shall not exceed 5,072 square feet or 13.7% in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 8,246 square feet or 22.2% in conformance with total lot coverage limitations. K. The disturbed area of the lot shall not exceed 14,488 square feet or 39.0% in conformance with disturbed area limitations. L. Residential building pad coverage on the 7,321 square foot residential building pad shall not exceed 4,292 square feet or 58.6%, which do not include the covered porches. M. There shall be no grading for this project. N. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. O. The roof gable on the south side of the addition shall not exceed one foot. P. If new landscaping is introduced for this project, the landscaping shall include water efficient irrigation that incorporates 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. Further, landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but to screen the residence. If new trees or shrubs are planned in conjunction with this project, at maturity, they shall not be higher than the ridge height of the residence. Q. 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. R. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. 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, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. T. 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 Reso. 2006-02 16 Georgeff Rd. mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. U. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails, if any. V. 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. W. 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. X. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. Y. If an above ground drainage system is required by the Drainage Engineer such system shall be designed in such a manner as not to cross over any equestrian trails. The drainage system(s) (below or above ground) 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. Z. The working drawingssubmitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. AA. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any grading or construction of retaining wall(s) on the property necessitated as a result of the proposed construction approved herein, shall require the filing of a new application for approval by the Planning Commission. AB. The applicant shall execute an Affidavit of Acceptance of all conditions of this approval pursuant to Sections 17.46.065 and 17.38.060, or the approval shall not be effective. AC. All conditions of this Site Plan Review and Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. Reso. 2006-02 16 Georgeff Rd. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF FEBRUARY 2006. LORET DEROY, CHAI ATTEST: )( MARILYN KERN, DEPUTY CITY CLERK Reso. 2006-02 16 Georgeff Rd. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2006-02 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW TO CONSTRUCT AN ADDITION AND GRANTING A VARIANCE TO PERMIT A PORTION OF THE ADDITION TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 719, AT 16 GEORGEFF ROAD, (LOT 6- GF), (BEILKE). was approved and adopted at a regular meeting of the Planning Commission on February 21, 2006 by the following roll call vote: AYES: Commissioners Hankins, Henke, Witte and Chairwoman DeRoy. NOES: None. ABSENT: None. ABSTAIN: Commissioner Sommer. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2006-02 16 Georgeff Rd. DEPUTY CITY CLERK R • • s-% This is a true and certified copy of the record _ • if it bears the seal, imprinted in purple ink L of the Registrar-Recorder/County Clerk AUG 02 2006 1,*1'4f LosS S COUN1Y,`CAL FFORNIA