764, Change the use of an existing , Resolutions & Approval Conditions•
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20090080532
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Recorded/Fi ed in Off cial Records
Recorder's Off-ce, Los Angeles County,
California
20090121092003
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01186100
SEQ:
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01/21/09 AT 02:24PM
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THIS FORM IS NOT TO BE DUPLICATED
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e521953
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RECORDING REQUESTED BY AND I- I21/2r; 0r
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
*20090080532*
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 764
I (We) the undersigned state:
XX Conditional Use Permit
XX Site Plan Review
I am (We are) the owner(s) of the real property described as follows:
8 HACKAMORE ROAD, ROLLING HILLS, (LOT 29-B-EF) 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. 764 CONDITIONAL USE PERMIT XX
SITE PLAN REVIEW XX
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature
✓LE& e A y I. IV
Name typed or pprint6d
Address
/LAL( /N0 Hi LLf,
City/State
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
CA
Signature
Name typed or printed
Address
City/State
On: 1. 20D t before me, hn 14 2G I I9 :T LA nAse te-T ) I()o"r
personally appeared reajo� S n t e.
who proved to me on the basis of satisfactory evidence to be the person(A) whose name(e) is/ are subscribed to the within
instrument and acknowledged to me that he/ .4e/ they executed the same in his/beNtheir authorized capacity(ies) and that by
his/ bef-/tbek signature($ on the instrument the person*, or the entity upon behalf of which the person(s)-acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS by hand
�yand official seal.
Signature of Notary �' 1��'�'' (seal)
f /
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
MARCIA J. tAT
CommInion # 1650-16
Notay Rule - CorIorato
los Angeles Ccutxy
MvCcnim. ExpPni Jon lit 'RI
• •
RESOLUTION NO. 2008-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW FOR GRADING FOR AN ACCESS ROAD TO A
PROPOSED STABLE, A WALL AND A CONDITIONAL USE
PERMIT (CUP) TO RETAIN AN EXISTING STORAGE
STRUCTURE PREVIOUSLY APPROVED AS A STABLE IN
ZONING CASE NO. 764, AT 8 HACKAMORE ROAD, (LOT 29-B-
EF), (NOEL).
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. Gregory Noel with respect
to real property located at 8 Hackamore Road (Lot 29-B-EF), Rolling Hills, CA
requesting a Site Plan Review for grading of 332 cubic yards of cut and 332 cubic
yards of fill for an access road to a proposed stable and corral, construction of a 5-foot
future stable wall, and a Conditional Use Permit to retain an existing 728 square foot
detached storage building that was previously approved as a stable. The subject
property is developed with a single-family residence.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on October 21, 2008, November 18, 2008,
December 9, 2008, and at a field trip visit on November 18, 2008. 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' representative was in attendance at the hearings. On
November 18, 2008, the Planning Commission directed staff to prepare a resolution of
approval for the Site Plan Review for wall and grading of 332 cubic yards of cut and
fill to provide an access pathway to a proposed 1,750 square foot stable with 864
square foot loft, subject to conditions. The proposed stable access is proposed to
extend from the end of the existing paved main driveway serving the residence. The
Planning Commission concurrently granted approval of a Conditional Use Permit to
allow the applicant to retain an existing detached storage building on the premises.
Section 3. The property is zoned RAS-1 and consists of 3.01 acres gross and
2.38 acres (103,760 s.f.) net lot area for development purposes. The property fronts on
the cul-de-sac on Hackamore Road and is developed with a 4,160 square foot
residence, 440 square foot garage, 480 square foot swimming pool, pool equipment,
service yard, above ground deck and 728 square foot detached storage structure
originally approved as a stable and located to the rear of the residence.
Section 4. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
categorically exempt from environmental review under the California Environmental
Quality Act.
Resolution 2008-21
ZC. NO. 764
• •
Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading
projects that require a grading permit. The applicants propose to grade 332 cubic
yards of cut and 332 cubic yards of fill required for a new access road to serve a
proposed 1,750 square foot stable with 864 square foot loft, and corral. With respect to
the Site Plan Review application for the grading work, the Planning Commission
makes the following findings of fact:
A. The proposed activity is compatible with the General Plan and the
Zoning Ordinance in that an equestrian use and activity is being proposed that will
preserve the distinctive rural residential character of the City. 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 or with a discretionary
permission by the Planning Commission. Due to the location of the proposed new
stable, the topography of the lot and existing development and, in order to provide
access to the stable and corral, the grading is necessary. The grading of 332 cubic
yards of cut and fill is the minimum necessary to provide the required stable access.
B. The proposed activity 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). Although grading activity is necessary to construct the stable
access road, the grading is proposed to follow the existing slope of the land. The
development plan substantially preserves the natural and undeveloped state of the
lot, as the corral area will be left as open space, and enhances it by additional
landscaping, which is a requirement of this resolution, Significant portions of the lot
will be left undeveloped so as to maintain open space on the property. The Planning
Commission found that the approved location is most desirous in that it will not
require great amount of grading, is in an area of the lot to the rear of and away from
the residence and will not be visible from Hackamore Road.
C. The nature, condition, and development of adjacent uses, buildings, and
structures and the topography of the lot have been considered, and the construction of
the access road to the stable and corral will not adversely affect or be materially
detrimental to the adjacent uses, buildings, or structures because the proposed project
will be constructed on a portion of the lot which is least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs, is a sufficient
distance from nearby residences and the street so that the proposed construction 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.
D. The proposed access road is a harmonious use and will blend with the
natural terrain and surrounding residences. The proposed project is consistent with
the scale of the neighborhood.
Resolution 2008-21
ZC. NO. 764 2
• •
E. The development plan will be based upon compliance with the
conditions contained in this Resolution, supplement the existing vegetation with
landscaping that is compatible with and enhances the rural character of the
community.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles on the subject site in
that the slope of the new access road between the home and proposed stable is limited
to 25% maximum dope and will have a surface treatment suitable for equestrian use.
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt from its requirements.
Section 6. Section 17.16.200(J) of the Rolling Hills Municipal Code
permits approval of a freestanding storage structure exceeding 120 square feet under
certain conditions, provided the Planning Commission approves a Conditional Use
Permit. With respect to this request for a Conditional Use Permit, the Planning
Commission finds as follows regarding the proposal to retain an existing 728 square
foot storage building that was originally approved as a stable:
A. The granting of a Conditional Use Permit for the storage structure is
consistent with the purposes and objectives of the Zoning Ordinance and General Plan
because the use is consistent with similar uses in the community, meets all the
applicable development standards of the Zoning Ordinance, no grading is requested
and no deviations from the development standards are requested.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the retention of a storage structure will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the storage structure is located to the rear and away from other
ancillary uses of the residence and is of sufficient distance from nearby residences so as
to 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 storage structure complies with the
low profile residential development pattern of the community and is screened from
neighbors' view.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 728 square foot size of the storage structure
does not exceed the rnaximum permitted under the Municipal Code and the storage
structure does not encroach into any setback areas and is not located in the front.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting criteria for hazardous waste
facilities because the project site is not listed on the current State of California Hazardous Waste
and Substances Sites List.
Resolution 2008-21
ZC. NO. 764 3
• •
F. The proposed conditional use observes the spirit and intent of Title 17 of
the Zoning Code because in addition to retaining the subject structure for storage, the
applicant concurrently proposes to construct a new stable and related access road,
thereby eliminating the need to reserve the subject storage structure for a stable use as
it was originally approved. No grading or additional disturbance is necessary to
continue the existing storage use. The structure is screened from adjacent properties
and is not obtrusive to neighbors.
Section 7. Based upon the foregoing findings in sections 5 and 6 of this
Resolution, the Planning Commission hereby approves the Site Plan Review and
Conditional Use Permit in Zoning Case No. 764 for, respectively, grading of 332 cubic
yards or cut and fill (balanced), a 5-foot wall and keeping the 728 square foot former
stable as a storage structure, subject to the following conditions:
A. The Site Plan and Conditional Use Permit approvals shall expire within
two years from the effective date of approval if work has not commenced as defined
in Sections 17.42.070(A) and 17.46.080 of the Zoning Ordinance, unless otherwise
extended pursuant to the requirements of these sections.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the City has given the applicants 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 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. This shall include, but not be limited to, the requirements of the Outdoor
Lighting Ordinance, Undergrounding of Utilities Ordinance, Roof Covering
Ordinance, requirements for access to stables, and others.
D. The 728 square foot storage structure shall be used exclusively for
incidental residential storage and shall not be converted to other uses, unless
approved by the Planning Commission by a separate Conditional Use Permit. The
storage structure may not be used as habitable or sleeping quarters, may not contain
cooking facilities and may not be rented out.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated December 4, 2008, and include a detached storage structure,
proposed stable and corral (to be approved administratively), not to exceed 5-foot
retaining wall and access road, accessory to an existing single-family residence, in
compliance with these conditions.
F. Structural lot coverage shall not exceed 10,641 square feet or 10.2% in
conformance with lot coverage limitations.
Resolution 2008-21
ZC. NO. 764 4
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G. Total lot coverage of structures and paved areas shall not exceed 17,841
square feet or 17.2% in conformance with lot: coverage limitations.
H. The disturbed area of the lot shall not exceed 31,096 square feet or 30% in
conformance with disturbed area limitations.
I. Grading for the stable access road shall not exceed 332 cubic yards of cut
and 332 cubic yards of fill and shall be balanced on site.
J. The easement line and the property line in the vicinity of the grading for
the access road shall be staked/delineated during the entire construction time.
K. The residential building pad shall not exceed 66.4% coverage; the
converted stable to storage room pad shall not exceed 40.2% coverage, and the stable
pad shall not exceed 21.4% coverage, unless otherwise approved by the Planning
Commission.
L. No grading permit shall be issued for the access road to the proposed
stable, unless approval for the stable has been granted by City staff and by the Rolling
Hills Community Association Architectural Committee, and plans for the stable have
been reviewed and approved by L.A. County Building and Safety Department.
M. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any further modification or development on the property, which
would constitute additional structural development or grading shall require the
filing of a new application for approval by the Planning Commission.
N. Prior to issuance of a building permit for the grading of the access road,
two copies of landscaping plan for the graded areas shall be submitted to the Planning
Department for review and approval. 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 project.
O. The access to the stable shall not exceed 25% in slope and shall not be
paved, however a pervious surface may be installed. This includes the area of the
existing cement driveway, which shall be removed and re -graded, beginning north of
the garage. Staff shall review and approve the surface material proposed for the access
road.
P. A minimum of 50% of the demolition of the concrete cement driveway
shall be recycled. Prior to granting a final inspection, verification of recycling shall be
submitted to staff.
Resolution 2008-21
ZC. NO.764 5
• •
Q. A 4-foot wide dirt path shall be provided along the southwest area of the
existing decorative driveway, beginning at Hackamore Road to the proposed stable
access road (beginning past the edge of the garage) to accommodate passage of horses,
unless an alternative, passable and permanently recorded equestrian trail exists on an
adjacent property that leads to the existing equestrian trail system within the City and
which also connects to the proposed stable access road approved as part of this
resolution. Verification of such alternate access shall be provided to the City Manager.
R. Perimeter easements and trails, if any, including roadway easements
shall remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, landscaping, irrigation and drainage devices,
play equipment, parked vehicles, building materials, debris and equipment, except
that the Rolling Hills Community Association may approve certain encroachments.
S. 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.
T. 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.
U. 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.
V. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking may take place within nearby roadway
easements.
W. 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.
X. Drainage dissipater shall he constructed outside of any easements,
unless approved by the RHCA. If an above ground swale and/or dissipater is
required, the above ground swale and/or dissipater shall be designed in such a
manner as not to cross over any equestrian trails or discharge water onto a trail, shall
be stained in an earth tone color, and shall be screened from any trail, road and
neighbors' view to the maximum extent practicable, without impairing the function of
the drainage system.
Resolution 2008-21
ZC. NO. 764 6
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Y. 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 storrnwate.r drainage facilities.
Z. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BN'IP's) related to solid waste.
AA. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition E. The County Building and Safety Department shall also review the
proposed corral and assure that compaction of the existing soil in the corral area is
reached to the satisfaction of the County Building and Safety Department.
AB The applicants shall execute an Affidavit of Acceptance of all conditions
of this Site Plan and CUP approvals, pursuant to Sections 17.42.060 and 17.46.065 of
the Zoning Ordinance, or the approval shall not be effective.
AC. All conditions of this Site Plan Review and CUI' approval, which apply,
must be complied with prior to the issuance of a building permit from the County of
Los Angeles.
AD. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2008.
tAL //n
AJ
RICHARD HENKE, CHAIRMAN
ATTEST:
MARILYN L. KERN, DEPUTY CITY CLERK
Resolution 2008-21
ZC. NO. 764 7
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2008-21 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
GRADING FOR AN ACCESS ROAD TO A PROPOSED STABLE, A WALL AND
A CONDITIONAL USE PERMIT (CUP) TO RETAIN AN EXISTING STORAGE
STRUCTURE PREVIOUSLY APPROVED AS A STABLE 1N ZONING CASE NO.
764, AT 8 HACKAMORE ROAD, (LOT 29-B-EF), (NOEL).
was approved and adopted at a regular meeting of the Planning Commission on
December 9, 2008 by the following roll call vote:
AYES: Commissioners DeRoy, Smith, Witte and Chairman Henke.
NOES: None.
ABSENT: Commissioner Sommer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
1-a/ln..6 _
°DEPUTY C1'Y CLERK
Resolution 2008-21
ZC. NO. 764 8
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EIVED
FEB 0 6 2009
City of Rolling Hills
By