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445, Construct guest house in rear , Correspondence411 • 11I14,� £44I O /OIftfl .. h/ L� INCORPORATED JANUARY 24, 1957 � r _x April 23, 1991 CERTIFIED MAIL NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 Mr. and Mrs. Leonard Fuller 2,Packsaddle Road East Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO..445, RESOLUTION NO. 91-7 APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM, Dear Mr. and Mrs. Fuller: This letter is to inform you that the City Council, at their meeting on' April 22, 1991, received and filed the Planning Commission's approval of the subject application. The approval will become. effective: (1) Twenty days after the receipt of this letter if no appeals are filed within that time period (Section 17.42.140), AND (2) An Affidavit of Acceptance Form must be filed by you with the County Recorder (Section 17.32.087). We have enclosed a copy of RESOLUTION NO. 91-7, specifying the conditions of approval set forth by the Planning Commission and the approved Exhibit A to keep for your files. Once you have reviewed the resolution, please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward to the County Recorder, Room 15. 227 North Broadway, Los Angeles, CA 90012 with a check in the amount of $ 7.00. The City will notify the Los Angeles County Building & Safety Division to issue permits only when the Affidavit of Acceptance is received by us and any conditions of the resolution required prior to issuance of building permits are met. Please feel free to call me at (213) 377-1521. if you have any questions. SINCERELY, LOLA UNGAR PRINCIPAL PLANNER ENCLOSURES: RESOLUTION NO.91-7 & Exhibit A AFFIDAVIT OF ACCEPTANCE FORM cc: Mr. Morgan Embroden For Recorder's use RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Please record this form with the Registrar -Recorder's Office and return to: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires that the form be notarized before recordation.) Acceptance Form STATE OF CALIFORNIA .) ss COUNTY OF LOS ANGELES ) CONDITIONAL USE PERMIT CASE NO. VARIANCE CASE NO. SITE PLAN REVIEU CASE NO. 441' 445 I (We) the undersigned state: I am (We are) the owner(s). of the real property described as follows: 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. S Variance Case No. 44 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 Applicant Name Address City, State Signature This signature must be acknowledged by a notary public.Attach appropriate acknowledgement. Owner Name Address City, State Signature • 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 propaerty right possessed by other property property. The vicinity necessary which ordertorthe 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 locationwill 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 submitted plans 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, guest house 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 r, mexpansion, addition.. alteration or repair to existing buildings y be made w is 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 the guest house. 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. 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 Commissionshall require the filing of an application for modification of the Zoning Case pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. O. 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 ALLAN ROBERTS, CHAIRMAN ATTEST: (i? O-toc)� DIANE/SAWYER, DEPUT CITY CLERK 4. fib 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 DEPUTE` CITY CLERK -4"..4 City 0/ /Ef/ JUL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 NOTIFICATION LETTER April 5, 1991 Mr. & Mrs. Leonard Fuller 2 Packsaddle East Rolling Hills, CA 90274 SUBJECT: Zoning Case No. 445 2 Packsaddle East (32-SF) Dear Mr. & Mrs. Fuller: As you know we have had to readvertise your application for Zoning Case No. 445 due to legal technicalities which should have included a Variance to allow the proposed guest house (existing stable) in the rear yard setback, a Conditional Use Permit for a guest house (existing stable), and a Site Plan Review for substantial residential additions. Your zoning case has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday, April 16, 1991. The meeting will begin at 7:30 PM in the Council Chamber, Rolling Hills City Hall Administration Building, 2 Portuguese Bend Road, Rolling Hills. You or your designated representative must attend to answer any questions. Your cooperation is appreciated and we apologize for any inconvenience this technicality may have caused. Please feel free to call me at (213) 377-1521 if you have any questions. Sincere1 LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Morgan Embroden NOTIFLET.445 4. oLem March 26, 1991 • Cuy ` Rolling Jh/i Mr. & Mrs. L. Fuller 2 Packsaddle East Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 SUBJECT: ZONING CASE NO. 445 Mr. & Mrs. Fuller, 2 Packsaddle Road East, (32-SF) Request for a Site Plan Review approval of substantial additions to an existing residence. Dear Mr. Fuller: Pursuant to Section 17.32.090 of the Rolling Hills Municipal Code, this letter shall serve as official notification that the subject Zoning Case application was reviewed by the Planning Commission at their adjourned regular meeting of March 19, 1991. At that meeting, the Planning Commission voted to approve the above request. The final Resolution and conditions of approval will be forwarded to you following execution by the Planning Commission Chairman. The Planning Commission's decision will be reported to the City Council at their regular meeting on April 8, 1991. The decision of the Planning Commission may be appealed pursuant to Sections 17.32.140 and 17.32.150 of the Municipal Code. A copy of Resolution 614, establishing the fee for filing an appeal is also enclosed for your information. Should you have any questions regarding this matter, please contact this office. Sincerely, Lola Ung�t Principal Planner LU\bc cc: Mr. Morgan Embroden, 107 1/2 Bayshore Ave., Long Beach, CA 90803 • L-J L-► 5 C'11fCity ol /e0llLflR. itiny. INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377.7288 February 7, 1991 Mr. & Mrs. Fuller 2 Packsaddle Road Rolling Hills, CA 90274: SUBJECT: ORDINANCE NO. 230; AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A MINIMUM SIZE FOR STABLES AND CORRALS AND AMENDING THE MUNICIPAL CODE. Dear Mr. & Mrs. Fuller: Please find enclosed a copy of City Ordinance No. 230 adopted by the City Council on January 28, 1991. This new Ordinance will take effect on February 27, 1991. Please note that this Ordinance may affect the progress of the plans you have submitted because it stipulates that a minimum of 1,000 sq.ft. must be set aside for horsekeeping facilities (a minimum of 450 sq.ft. for stable and 550 sq. ft. for corral)., The Ordinance further states that the stable and corral must be located on property having a slope of no greater than 4:1, and that the stable foot print will be included in calculation of structural coverage of the lot. If this new Ordinance does impact your project, you are advised to contact your architect or project manager. If you have any further questions, please do not, hesitate to contact Rolling Hills Principal Planner Lola Ungar at (213) 377- 1521. Sincerely, • P4//‘ Craig R.,Nealis City Manager CN:ds • Cuy o/ leo eenS Jhfr February 6, 1991 Mr. and Mrs. L. Fuller 2 Packsaddle East Rolling Hills, CA 90274 SUBJECT: APPLICATION FOR ZONING CASE NO. 445 Dear Mr. and Mrs. Fuller: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 Please be advised that the Planning Commission continued the subject application to an adjourned meeting to be held Saturday, February 16, 1991 at 7:30 AM, so as to conduct a field inspection of the site. The site must be prepared with a full-size silhouette of the proposed proiect showing the roof ridge and bearing walls, and the owner and/or representative should be present. Please call me at (213) 377-1521 if you have any questions. Sincerely, Zar,r-- LOLA M. UNGAR PRINCIPAL PLANNER FLDTRP/LMU