445, Construct guest house in rear , Resolutions & Approval Conditions9141 8'733'71
For Recorder's use
•
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
31 MIN. 12JUN 11 1991
PAST. ' '
Please record this form with the Registrar -Recorder's Office
return to:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office
before recordation.)
requires
that
Acceptance Form
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CONDITIONAL USE PERMIT CASE NO.
VARIANCE CASE NO.
SITE PLAN REVIEW CASE NO.
and
• FEE $7
the form be notarized
44S
44
I (We) the undersigned state:
I am (We are) the owner(s). of the real property described as follows:
C , Ea-
�.����� Ca. ?0a9y
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions in said
Conditional Use Permit Case No. 44.5-
Variance Case No.
Site Plan Review Case No. 445
I (We) certify (or declare) under the penalty of perjury that the
foregoing is true and correct..
(Where the owner .and applicant. are not the same, both must sign.)
Type or print
L ec a rd. P•• Full er-
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STATE OF r .kl 1 +fl
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On this Wt^— day of 1'�(j AAQ
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,19 q1 before me, the undersigned, a Notary Public in and for said
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personally known to me, or proved to me on the basis of satisfactory evidence
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to be the persons(s) whose name(s) is/are subscribed to the within instrument,
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executed the same.
otary Public in and for said, County and State
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Name (Typed or Printed)
•
,OFFICIAL St AL' N
ROBIN S. 'HAUPTM t
NOTARY PUBLIC-CALIFORNIA k
LOS ANGELES COUNTY
"3My Commission Expires Aug. 7, 1992
r�rr.'�'rr=F3l:C s�
(This area for official notarial seal)
•
t13 true and certified copy of the record
Uit bears the seal, imprinted in purple ink,
of the Registrar -Recorder.
Jul 11 1991
REGISTRAR -RECORDER
LOS ANGELES COUNTY, CAUFORNiA
RESOLUTION NO. 91-7
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE CONTINUED
ENCROACHMENT OF A STRUCTURE IN THE REAR YARD SETBACK,
GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE,
AND GRANTING SITE PLAN REVIEW APPROVAL IN ZONING CASE NO. 445.
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. and Mrs.
Fuller with respect to real property located at 2 Packsaddle Road
East, Rolling Hills (Lot 28-SK) requesting a Variance into
allowable setbacks and Site Plan Review for residential additions.
It was later determined that the stable had been converted to a
guest house by a previous owner without permits and would require
a variance and a conditional use permit to continue to encroach
within the rear yard setback.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application for a Variance into
allowable setbacks and a Site Plan Review on January 15, 1991,
February 19, 1991, and March 19, 1991 and at a field trip visit on
February 16, 1991. When it was learned that there were no permits
for the guest house, the Planning Commission conducted a duly
noticed public hearing to consider the application of a Variance
for the continued encroachment of a structure in the rear yard
setback, a Conditional Use Permit for a guest house, and a Site
Plan Review held on April 16, 1991.
Section 3. Sections 17.32.010 through 17.32.030 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. A Variance to Section 17.16.060 is required to permit
the continued encroachment of a structure thirty (30) feet within
the fifty (50) foot rear yard setback.
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the existing use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the structure in the
rear yard setback has been permitted as a stable since 1954.
Permits were applied for on April 17, 1975 to convert the stable to
a guest house but were later canceled on April 21, 1975.
B. The Variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other
property in the same vicinity an4 zone, but which is denied the
subject property. The Variance is necessary in order for the
RESOLUTION NO. 91-7
PAGE 2
structure that has existed for 36 years to remain at its present
location. There will not be any greater incursion into the
setback than already exists.
C. Granting this variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the property is
located. A sufficient distance remains between the structure and
the uses on the adjacent property so that the continued use of the
guest house will not impinge on adjacent properties. Maintaining
the structure in its present location will keep a substantial
portion of the lot open and undeveloped.
Section 4. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the front
yard setback to a maximum of 30 feet as indicated on the
Development Plan attached hereto as Exhibit A subject to the
conditions contained in Section 11.
Section 5. The applicant has submittedplans for the use of
an existing structure as a guest house as shown in Exhibit A.
Section 17.16.012.F. of the Municipal Code provides for the
discretion of the Planning Commission to grant a Conditional Use
Permit for a guesthouse provided no kitchen or cooking facilities
are provided.
Section 6. The Planning Commission makes the following
findings:
A. The granting of a Conditional Use Permit for a guest house
would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan and will be desirable for the public
convenience and welfare because the proposed guest house structure
is preexisting and does not involve an expansion of overall area
for the use.
B. The granting of a Conditional Use Permit would be
consistent with the purposes and objectives of the Zoning Ordinance
and General Plan, because the guest house will comply with the low
profile residential development pattern of the community and is
located on a parcel of property that is adequate in size, shape and
topography.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves a Conditional Use Permit for a guest
house in Zoning Case No. 445.
Section 8. Section 17.34.010 requires a development plan to
be submitted for site plan review and approval before any building
or structure may be constructed or, any expansion, addition
alteration or repair to existing buildings may be made which
RESOLUTION NO. 91-.7
PAGE 3
involve changes to grading or an increase to the size of the
building or structure by more than twenty-five percent (25%) in any
thirty-six month period. The applicant has proposed to construct
substantial residential additions to the existing residential
structure of 2,581 square feet.
Section 9. The Planning Commission makes the following
findings of fact:
A. The proposed development is compatible with the General
Plan, the Zoning Ordinance and surrounding uses because the
proposed structure complies with the General Plan requirement of
low profile, low density residential development with sufficient
open space between surrounding structures. The project conforms to
Zoning Code setback and lot coverage requirements. The lot has a
net square foot area of 54,847 square feet. The proposed residence
(5,143 sq.ft.), garage (618 sq.ft.), swimming pool (296 sq.ft.),
future stable (450 sq.ft.), guest house (840 sq.ft.), and 80 sq.ft.
service yard will have 7,577 square feet which constitutes 13.8% of
the lot which is within the maximum 20% structural lot coverage
requirement. The total lot coverage including paved areas and
driveway will be 12,658 square feet which equals 23.1% of the lot,
.which is within the 35% maximum overall lot coverage requirement.
The proposed project is on a relatively large lot with most of the
proposed additions located away from the road and screened with
mature trees so as to reduce the visual impact of the development
and is similar and compatible with several neighboring
developments.
B. The proposed development preserves and integrates into
the site design, to the maximum extent feasible, existing natural
topographic features of the lot including surrounding native
vegetation, mature trees, drainage courses, and land forms because
the lot is relatively flat, grading will not be required and most
of the mature trees will not be removed, thereby retaining the
current drainage pattern and landscape screening for the site.
C. The development plan follows natural contours of the
site which is largely flat and drainage courses will continue
naturally away from the building pad.
D. The development plan incorporates existing large trees
and native vegetation to the maximum extent feasible and
supplements it with landscaping that is compatible with and
enhances the rural character of the community.
E. The development plan substantially preserves the natural
and undeveloped state of the lot by minimizing building coverage
because the new structures will not cause the structural and total
lot coverage to be exceeded. Further, almost all of the lot is
relatively flat and the proposed project will have a buildable pad
RESOLUTION NO. 91-7
PAGE 4
coverage of 22.8% which is within the City's policy of 35% maximum
pad coverage. Significant portions of the lot will be left
undeveloped.
F. The proposed development is harmonious in scale and mass
with the site, the natural terrain and surrounding residences
because as indicated in Paragraph C, lot coverage maximum will not
be exceeded and the proposed project is of consistent scale with
the neighborhood, thereby grading will be required only to restore
the natural slope of the property. The ratio of the proposed
structure to lot coverage is similar to the ratio found on several
properties in the vicinity.
G. The proposed development is sensitive and not
detrimental to convenience and safety of circulation for
pedestrians and vehicles because the proposed project will utilize
the existing vehicular access, thereby having no further impact on
the roadway.
H. The project conforms with the requirements of the
California Environmental Quality Act and is categorically exempt
from environmental review.
Section 10. Based upon the foregoing findings, the Planning
Commission hereby approves the Site Plan Review for residential
additions in accordance with the Development Plan attached hereto
as Exhibit A subject to the conditions contained in Section 11.
Section 11. The Variance to the rear yard setback for the
continued encroachment of a structure, the Conditional Use Permit
for a guest house, and Site Plan Review approval for substantial
residential additions as indicated on the Development Plan attached
hereto and incorporated herein as Exhibit A as approved in Sections
4, 7 and 10 are subject to the following conditions:
A. The Variance and Conditional Use Permit shall expire
unless used within one year from the effective date of approval as
defined in Section 17.32.110 of the Municipal Code. The Site Plan
Review approval shall expire within one year from the effective
date of approval as defined in Section 17.34.080.A.
B. It is declared and made a condition of the Variance,
Conditional Use Permit and the Site Plan Review approval, that if
any conditions thereof are violated, the Permit shall be suspended
and the privileges granted thereunder shall lapse; provided that
the applicant has been given written notice to cease such violation
and has failed to do so for a period of thirty (30) days.
C. All requirements of 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
RESOLUTION NO. 91-7
PAGE 5
approved plan.
D. The lot shall•be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A except as
otherwise provided in these conditions.
E. The driveway from Southfield Drive shall be closed
before final building inspection.
F. An area of 450 square foot for a future stable and a 550
square foot corral shall be delineated on the Development Plan.
G. A building permit shall be obtained for the guest house
within six months of the effective date of this resolution.
H. There shall be no kitchen or cooking facilities in
guest house.
the
I. The guest house shall not be rented or leased to any
person or entity.
J. A preliminary landscape plan must be submitted to and
approved by the City of Rolling Hills Planning Department staff
prior to the issuance of any grading and building permit. The
landscaping plan submitted must comply with the purpose and intent
of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the
maximum extent feasible, plants that are native to the area and/or
consistent with the rural character of the community.
A bond in the amount of the cost estimate of the implementation of
the landscaping plan plus 15% shall be required to be posted prior
to issuance of a grading and building permit and shall be retained
with the City for not less than two years after landscape
installation. The retained bond will be released by the City
Manager after the City Manager determines that the landscaping was
installed pursuant to the landscaping plan as approved, and that
such landscaping is properly established and in good condition.
K. Prior to the submittal of an applicable final grading
plan to the County of Los Angeles for plan check, a detailed
grading and drainage plan with related geology, soils and hydrology
reports that conform to the Development Plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning
Department staff for their review. Cut and fill slopes must
conform to the City of Rolling Hills standard of 2 to 1 slope
ratio.
L. The project must be reviewed and approved by the Rolling
Hills Community Association Architectural Review Committee prior to
the issuance of any building or grading permit.
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RESOLUTION NO. 91-7
PAGE 6
M. 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.
N. Any modifications to the project which would constitute
a modification to the development plan as approved by the Planning
Commission shall require the filing of an application for
modification of the Zoning Case pursuant to Section 17.34.070 of
the Rolling Hills Municipal Code.
0. The lot coverage shall not exceed 23.1%.
P. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance, Conditional Use Permit, and
Site Plan Review, pursuant to Section 17.32.087, or the approval
shall not be effective.
Q. Conditions A, C, D, F, H, I, J, K, L, M, 0 and P of this
Variance, Conditional Use Permit, and Site Plan Review approval
must be complied with prior to the issuance of a building or
grading permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF APRIL, 1991
ATTEST:
I��
ALLAN ROBERTS, CHAIRMAN
DIANE%SAWYER, DEPUTYXCITY CLERK
RESOLUTION NO. 91-7
PAGE 7
The foregoing Resolution No. 91-7 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE CONTINUED
ENCROACHMENT OF A STRUCTURE IN THE REAR YARD SETBACK,
GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE,
AND GRANTING SITE PLAN REVIEW APPROVAL IN ZONING CASE NO 445.
was approved and adopted at a regular meeting of the Planning
Commission on April 16, 1991 by the following roll call vote:
AYES: COMMISSIONERS FROST, LAY, RAINE AND CHAIRMAN ROBERTS
NOES: NONE
ABSENT: HANKINS
ABSTAIN: NONE
DEPUT7i CITY CLERK