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821, "Existing stable with loft are, Resolutions & Approval ConditionsRESOLUTION NO. 2013-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING TIME EXTENSION TO COMPLETE THE CONSTRUCTION OF A STABLE APPROVED IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE, (LOT 126-C-RH) (GAUDENTI). 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. Robert Gaudenti with respect to real property located at 5 Hillside requesting a six-month time extension to comply with the requirements of Resolution No. 2012-11 to complete the construction of a stable within one year of the effective date of the resolution. Section 2. The Commission considered this item at a meeting on July 16, 2013 at which time information was presented indicating that additional time is needed to complete the project. Section 3. Based upon information and evidence submitted, the Planning Commission grants one year time extension and does hereby amend Paragraph A, Section 12 of Resolution No. 2012-11, dated June 26, 2012 to read as follows: A. The construction of the partially constructed stable shall be completed within twenty-four months of the effective date of approval of this Resolution or the stable shall be demolished. There shall be no additional extensions granted. Section 4. Except as herein amended, the provisions and conditions of Resolution No. 2012-11 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 16th DAY O, . Y, 2013. D HELF, AI AN ATTEST: HEIDI LUCE DEPUTY CITY CLERK Resolution No. 2013-12 1 5 Hillside Lane STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 2013-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING TIME EXTENSION TO COMPLETE THE CONSTRUCTION OF A STABLE APPROVED IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE, (LOT 126-C-RH) (GAUDENTI). was approved and adopted at a regular meeting of the Planning Commission on July 16, 2013 by the following roll call vote: AYES: Commissioners Gray, Henke, Mirsch, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices QPiat HEIDI LUCE DEPUTY CITY CLERK Resolution No. 2013-12 2 5 Hillside Lane This page is part of your document - DO NOT DISCARD i i i u V A 20121366705 i i I I III i i Recorded/Fi ed in Off cia Records Recorder's Office, Los Angeles County, California 000642512 u 00427414 SEQ: 01 09/12/12 AT 02:34PM i DAR - Counter (Upfront Scan) m m i 0 011 i 1111 1111111111111 111111 1111 m u 11111 1111 0 11010 0 II THIS FORM IS NOT TO BE DUPLICATED i i P0012: FEES: 48.00 TAXES: 0.00 OTHER: 0.00 PAID: 48.00 EO05200 ry r:)) .L71 OCT 0 4 2012 City of Rolling Hills By RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX *2012136670* + 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. 821 XX VARIANCE I (We) the undersigned state XX CONDITIONAL USE PERMIT I am (We are) the owner(s) of the real property described as follows: 5 HILLSIDE LANE, ROLLING HILLS, CA 90274 (LOT 126-C-RH) 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. 821 XX VARIANCE V)Neraffi (or dec. Signature XX CONDITIONAL USE PERMIT under the penalty of perjury that the foregoing is true and correct. ens 0 AC Sigre i i- C f U 1 Name typed or printed Address `� j- -ems (-�-f-' IFea31-14-41 (A. 'to X7Y) City/State • heJ G-o u C'i eh Name typed or printed Address 5 t-k F2)OI\ i r r \�, \\ S CAC City/State r • • Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2012-11 State of California ) County of Los Angeles ) On Ss242kei,.tp% Ze) 1z-- before me, ta-v ()-2 notot i' 'P(h 14'L Personally appeared ( ,1A r\ n C 0A R(A {Avl4t: who 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, 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 and official seal. Signature of Notary ( Seal) ..... s.ys HOPE PECK Commission # 1977895 Notary Public • California Los Angeles County -bp* My Comm. Expires Jun 8, 201E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _SStL,QLS On p \efr 2 ( l (,Z., )2 before me, Date personally appeared HOPE PECK Commission # 1977895 Notary Public - California Los Angeles County My Comm. Expires Jun 8, 2016 f } .p PQc r` sj � 4rir�', * /1 Here In rt Name and Tie of the Officer �� ` R n t- a a l fddir,•11 • ame(s) of Signer(s) Place Notary Seal Above CIVIL CODE § 1189 who 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, 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 my hand and official seal. Signature: OPTIONAL 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: %464i`60 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signa ary Public (at 4) CcO Qr,41CP Afrin Number of Pages: oF,SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) NMSOF,SIGNER Top of thumb here 4e1A-1-6 rr AN4 RESOLUTION NO. 2012-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A PREVIOUSLY APPROVED AND PARTIALLY CONSTRUC 1'EU STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Robert Gaudenti with respect to real property located at 5 Hillside Lane, (Lot 126-C-RH) requesting a Conditional Use Permit (CUP) to retain a partially completed stable consisting of 1,800 square foot main story and a 1,400 square foot loft and a Variance to allow the loft height plate to be retained at 7.5 feet. In 2004 the Planning Commission, with other discretionary approval for this property, approved the grading for the stable and the stable construction was administratively approved in 2006. Section 2. This project is subject to the recently adopted stable ordinance, which requires that all stables over 200 square feet and corrals over 550 square feet be reviewed under the Conditional Use Permit process. A Variance is required due to the height of the loft, which is 7'6". The permitted plate height is 7 feet. No kitchenette or bathroom is proposed. Section 3. The building and grading permits for this project have expired and the applicant is required to obtain new permits. In addition, since the approval in 2006, the City's regulations have changed where a CUP is now required for stables. Section 4. The property is zoned RAS-1 and is developed with a 3,630 square foot residence, 600 square foot garage, 1,154 square foot swimming pool, 100 square foot pool equipment area and 600 square foot cabana. Access to the property is taken through a driveway, which crosses the adjacent lot at 6 Hillside Lane. Section 5. In 1990 the Planning Commission granted a Site Plan Review for substantial reconstruction and addition to the residence, but the project was not constructed. In March, 2000, the applicant submitted a request to construct substantial additions to the residence for a 7,252 square foot house and 720 square foot garage, to construct a riding ring, cabana, stable and to relocate the then existing swimming pool and a spa. During the public hearing process, the applicant withdrew the request for the additions to the residence and garage and for the construction of the riding ring and stable. A 1,000 square foot area was reserved for a future stable and corral in the location Reso. 2012-11 ZC 821 1 of the current stable. In November 2000, the Planning Commission approved a 600 square foot cabana and a swimming pool/spa, which have been constructed. Section 6. In 2004 the applicant requested a Site Plan Review for a substantial addition to the residence and grading for a 1,440 square foot stable with 988 square foot hayloft. Grading was approved for 945 cubic yards of cut and 945 cubic yards of fill of which 375 cubic yards of cut was for the stable. These structures were not constructed, except that the grading for stable was completed and construction of the stable commenced. Section 7. In 2009 an over-the-counter approval was granted to clear the slope of vegetations behind the stable pad to expose paths and to delineate the paths by replacing short rubble walls with not to exceed 3 feet high walls; to fill in some holes in the paths, as well as fill in irregular surface on the paths; to re -grade small areas between the horse paths. These activities did not trigger Site Plan Review and were approved administratively. Section 8. The Planning Commission conducted duly noticed public hearings on the subject application in the field on June 19, 2012 and at a regular meeting on June 19, 2012. The applicant and his agent were notified of the public hearings in writing by first class mail and by email. 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 applicant and applicant's representative were in attendance at the hearings. Section 9. 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 10. Section 17.18.060 of the Rolling Hills Municipal Code permits approval of a stable over 200 square feet in size, 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: A. The granting of a Conditional Use Permit for the construction of the stable would be 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 code development standards for a stable, except for the plate height of the loft, which was previously approved, but where the requirements have since changed, and the area is located in an area on the property that is adequately sized to accommodate the stable and adjoining corral, and which was previously approved. The proposed structure is appropriately located in that it will be sufficiently separated from nearby structures used for habitation or containing sleeping quarters both on and off the project site. Reso. 2012-11 ZC 821 2 B. The nature, condition, and development of adjacent structures have been considered, and the project will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the stable and corral orientation is not towards neighbors and its general location is of sufficient distance from nearby residences so as to not impact the view or privacy of surrounding neighbors. The partially completed stable is located on an already graded area, which was previously approved by the Planning Commission, therefore preserving the natural terrain of the remaining of the property. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the stable complies with the low profile residential development pattern of the community and will not give the property an over -built look. The lot is sufficiently large to accommodate the proposed structure. The stable will be screened from neighbors view by trees that will be retained others that were recently planted. D. The proposed conditional use complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Section 17.18 of the Zoning Ordinance, except that when the stable was approved the City had no requirements for plate heights of lofts. 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. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because a stable or an area for a stable is required and the structure is screened from adjacent properties and is not obtrusive to neighbors. In addition, the partially constructed structure will be inspected for building code violations and will be brought to compliance with the construction codes to protect the health and safety of its users. Section 11. 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 17.18.060E requires that the plate height of a loft not exceed 7'. The applicant requests that the as built loft, which has a 7'6" plate height be allowed to remain. With respect to this request for a Variance, the Planning Commission finds as follows: Reso. 2012-11 ZC 821 3 A. There are exceptional and extraordinary circumstances and conditions applicable to this property that justify the request because: 1. The stable was approved under previous requirements, which permitted 7'6" plate height. The stable is over 65% completed meeting the requirements of the previous approval. 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 because due to the fact that the project. was previously approved and it meets all applicable building standards, it would be a hardship to lower the walls to meet the current requirement for a 7' plate height. 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 because the stable is not visible from any adjacent property, was approved at the constructed height and does not affect any neighbor's views and therefore property value and is screened from the street. Several Pepper trees wee planted on the slopes, therefore screening the stable from Portuguese Bend Road. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that it is required by the Zoning Ordinance to set aside an area for a stable and corral in order to improve the property or construct a stable. IN this case the stable construction commenced, but stopped after a while. In order to continue the construction this approval has been requested. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the structure complies with the General Plan requirement of a stable on a lot and with low profile, low -density residential development with sufficient open space between surrounding structures. The partially completed construction is conditioned to be brought to compliance with building code, if required. Section 12. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 821 including a Conditional Use Permit for the stable and corrals and a Variance to retain the partially completed stable consisting of 1,800 square foot first level and 1,400 square foot loft to retain the 7.5' loft plate height, subject to the following conditions: A. The construction of the partially constructed stable shall be completed within one year of the effective date of approval of this Resolution or it shall be demolished. Reso. 2012-11 ZC 821 4 B. It is declared and made a condition of this approval 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 this permit, or shown otherwise on an approved plan. D. At the sole expense of the applicant, the stable structural integrity and materials shall be approved by the Building and Safety Department and if found to be deficient of the LA County Building Code, they shall be modified and/or repaired to meet the Building Code requirements. All required building permits shall be obtained for the construction and for any required remediation work. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated June 8, 2012 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Variance and CUP approvals, herein as applicable, shall be incorporated into the building permit working drawings. F. Prior to submittal of final working drawings to the Building and Safety Department for re -issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission and that the plans were approved by the RHCA Architectural Committee. G. Structural lot coverage shall not exceed 7,884 square feet or 7.9% of the net lot area, in conformance with lot coverage limitations (20% maximum). H. The total lot coverage proposed, including structures and flatwork shall not exceed 12,965 square feet or 13.0%, of the net lot area, in conformance with lot coverage limitations (35% maximum). I. The disturbed area of the lot is at the maximum permitted at 40%. There shall be no additional grading for this project or the property, unless approved by a Variance. Reso. 2012-11 ZC 821 5 J. The existing residential building pad is 33,369 square feet and has coverage of 18.2%. The stable pad is 9,529 square feet and will have coverage of 18.9%, (loft is not counted towards coverage). K. All temporary structures currently located on the property, including stalls and stables, shall be removed prior to obtaining a final inspection for this project. L. The lower corral fence shall be relocated to a minimum of 25 feet from the side and rear property lines. M. Access to the stable and corrals shall not be paved and must remain permeable. The coral areas and the area adjacent to the loft shall also not be paved and must remain permeable. N. Glazed openings may be permitted in the tack room and storage areas of the stable. O. The property owners shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roof covering (RHMC 17.16.190), and all other requirements of the Zoning Ordinance. P. All utility lines to the stable shall be placed underground. Q. The stable structure to the maximum extent practicable shall be screened from Portuguese Bend Road. The selected trees at planting shall not be smaller than 24 inch box and be of type that at maturity shall not cause view obstruction from other properties. The planting shall be completed before a final inspection is granted. R. The property owners shall comply with the requirements of the Zoning Ordinance pertaining to Construction and Demolition permit requirement for diversion of construction/demolition waste, if applicable. S. 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. T. 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. Reso.2012-11 6 ZC 821 • U. 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) requirements related to solid waste, drainage and storm water management. V. The conditions of approval specified herein shall be printed on the construction plans submitted to the RHCA and buidling department for plan check and permitting. W. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. X. 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. ATTEST: CV) klia) HEIDI LUCE, DEPUTY CITY CLERK ti Reso. 2012-11 ZC 821 7 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2012-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT TO RETAIN A PREVIOUSLY APPROVED AND PARTIALLY CONSTRUCTED STABLE AND A VARIANCE TO RETAIN HIGHER THAN ALLOWED PLATE HEIGHT OF THE LOFT IN ZONING CASE NO. 821, AT 5 HILLSIDE LANE (LOT 126-C-RH), ROLLING HILLS, CA, (GAUDENTI). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at regular meeting of the Planning Commission on June 26, 2012 by the following roll call vote: AYES: Commissioners Henke, Mirsch, Smith and Vice Chairman Chelf. NOES: None. ABSENT: Chairman Pieper (recused). ABSTAIN: None. and in compliance with the laws of 'California was posted at the following: Adminigtratiy�e Offices �f HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-11 ZC 821 8