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20171017374
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California
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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
I I
*20171017374*
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. 924
XX SITE PLAN REVIEW
) §§
(SEE EXHIBIT A - ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
7 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (LOT 41-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. 924
XX SITE PLAN REVIEW
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature
l� ►�N�TN 1k‘04rl6461Tori :MAtz.-rt4
Name typed or printed
Address 2,,1 6, 4 DI zi✓ET
AniNAT e0 I)eAcN C/\L.\FOU»iA
City/State C10266
Signature
Name typed or printed
Address
City/State
RESOLUTION NO.2017-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR
CONSTRUCTION OF RESIDENTIAL ADDITIONS IN FOUR DIFFERENT AREAS OF
THE STRUCTURE TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS,
TWO TERRACES, AND RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT
7 PORTUGUESE BEND ROAD, LOT 41-RH, (MARTIN).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Ken Martin with respect to real property located
at 7 Portuguese Bend Road, Rolling Hills (Lot 41-RH) requesting a Site Plan Review for the
construction of residential additions along four areas of the existing residence totaling 917 square feet, a
410 square foot terrace in the front of the residence bordered by a less than 3 foot rubble wall, a 500
square foot terrace in the rear of the residence bordered by a less than three foot rubble wall and a 200
square foot trellis over a portion of the rear terrace.
Section 2. The applicant also requests the "restricted development" designation on the
property be removed.
Section 3. The Planning Commission conducted duly noticed public hearings held on July
18, 2017, in the field, and continued the meeting to the evening meeting of July 18, 2017. During the
field trip public hearing, the Commission directed staff to prepare a Resolution of approval to be
considered by the Planning Commission at their August 15, 2017 regularly scheduled meeting.
However, for lack of a quorum for this case at the August 15, 2017 meeting, a special meeting was
called and the public hearing was changed from August 15, 2017 to August 8, 2017.
Neighbors within 1,000-foot radius were notified of the public hearings and a notice was published in
the Peninsula News on July 7, 2017 and in the Daily Breeze on July 28, 2017. The applicants and their
agents were notified of the public hearings in writing by first class mail and the applicants and agents
were in attendance at the hearings evidence was heard and presented from all person interested in
affecting said proposal, and from members of the City staff.
Section 4. The Planning Commission finds that the project is exempt from the California
Environmental Quality Act, (CEQA) pursuant to Class 1, Section 15301(3) of the CEQA guidelines.
Section 5. Site Plan Review. Due to the "restricted development" designation of the property
imposed by Resolution No. 97-24 in Zoning Case No. 563 and Resolution No. 2000-07 on Zoning Case
No. 612, where large additions and a Variance were proposed, Site Plan Review and approval is
required before any improvements can be made to the property.
With respect to the Plans submitted for the development, the Planning Commission hereby
approves the request for Site Plan Review in Zoning Case No. 924 to build the proposed project and
makes the following findings:
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
and maintaining sufficient setbacks to provide buffers between residential uses. The net lot area of the
Resolution No. 2017-13
7 Portuguese Bend Road -1-
• •
property is 0.75 acres which is just below the requirements of the RAS-1 zone. None of the proposed
new structures are in setbacks beyond the allowable proposed flatwork and rubble wall.
The project conforms to Zoning Code lot coverage requirements. The net lot area of the property is
32,800 square feet. The structural net lot coverage is proposed at 5,407 square feet or 16.5%, which
includes all of the structures, with allowance for permitted deductions, (20% max. permitted); and the
total lot coverage proposed, including the driv'eway would be 9,807 square feet or 29.9%, (35% max.
permitted). The disturbed area of the lot is proposed to be 33.8% which is below the 40% maximum
disturbance.
B. The project substantially preserves the natural and undeveloped state of the lot by
minimizing building coverage. The configuration of the lot has been considered, and it was determined
that the proposed development will not adversely affect or be materially detrimental to adjacent uses,
buildings, or structures, because the proposed location of structures on the lot are consistent with
surrounding development, and are of sufficient distance from nearby residences so that it will not impact
the view or privacy of surrounding neighbors, and will allow the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
The project has a designated set aside area for a stable and corral and thereby promotes equestrian uses,
therefore, furthering the City's goal to remain an equestrian community.
C. The proposed development, is harmonious in scale and mass with the site, and is
consistent with the scale of the neighborhood when compared to new residences in the vicinity of said
lot. The development plan takes into consideration the visibility from all roadway easements with the
largest residential addition being located in the least visible portion of the property.
D. If landscaping is introduced , it must be compatible with and enhance the rural character
of the community, and the landscaping should provide a buffer or transition area between private and
public areas.
E. The proposed development is sensitive and not detrimental to the convenience and safety
of circulation for pedestrians and vehicles because there will be no change to the two existing driveway
aprons. There is ample parking in the garage and there is parking for guests on site.
Section 6. Based upon the foregoing findings, and the evidence in the record, the Planning
Commission hereby approves Zoning Case No. 924 request for the construction of residential additions
in four areas of the residence totaling 917 square feet, a 410 square foot terrace in the front of the
residence bordered by a less than 3 foot rubble wall, a 500 square foot terrace in the rear of the residence
bordered by a less than three foot rubble wall, and a 200 square foot trellis over a portion of the rear
terrace and amends Resolution No. 97-24 in Zoning Case No. 563 and Resolution No. 2000-07 in
Zoning Case No. 612 to remove the restricted development condition, subject to the following
conditions:
A. The Site Plan Review approval shall expire within two years from the effective date of
approval as defined in Sections 17.46.080 unless otherwise extended pursuant to the requirements of
these sections.
B. If any condition of this resolution is violated, the entitlement granted by this resolution
shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice
from the City, all construction work being performed on the subject property shall immediately cease,
Resolution No. 2017-13
7 Portuguese Bend Road -2-
•
other than work determined bye City Manager or his/her designee required to cure the violation. The
suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of
the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or
his/her designee's determination that a violation exists or disputes how the violation must be cured, the
Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next
regular meeting of the City Council for which the agenda has not yet been posted; the Applicant shall be
provided written notice of the hearing. The stop work order shall remain in effect during the pendency of
the hearing. The City Council shall make a determination as to whether a violation of this Resolution has
occurred. If the City Council determines that a violation has not occurred or has been cured by the time
of the . hearing, the City Council will lift the suspension and the stop work order. If the City Council
determines that a violation has occurred and has not yet been cured, the City Council shall provide the
Applicant with a deadline to cure the violation; no construction work shall be performed on the property
until and unless the violation is cured by the deadline, other than work designated by the City Council to
accomplish the cure If the violation is not cured by the deadline, the City Council may either extend the
deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted
by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC).
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
this 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 received on July 10, 2017 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 Site Plan Review approval shall be incorporated into
the building permit working drawings, and where applicable complied with prior to issuance of a
grading or building permit from the building department.
The conditions of approval of this Resolution shall be printed onto building plans submitted to the
Building Department for review and shall be kept on site at all times.
Any modifications and/or changes to the approved project, including resulting from field conditions,
shall be discussed and approved by staff prior to implementing the changes.
E. Prior to submittal of final working drawings to Building and Safety Department for
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.
F. A licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate affirming that the plans conform in all respects to this
Resolution approving this project and all of the conditions set forth therein and the City's Building Code
and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall execute a
Certificate of Construction stating that the project will be constructed according to this Resolution and
any plans approved therewith.
Resolution No. 2017-13
7 Portuguese Bend Road -3-
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G. Structural lot coverage of the lot shall not exceed 5,407 square feet (with deductions) or
16.5% of the net lot area, in conformance with lot coverage limitations (20% maximum).
The total lot coverage proposed, including structures and flatwork, shall not exceed 9,807 (with
deductions) or 29.9%, of the net lot area, in conformance with lot coverage limitations (35% max).
H. No grading shall take place for the proposed project. The disturbed area of the lot,
including the approved stable and corral set aside shall not exceed 33.8%.
I. Any restricted development designation or requirement to undergo Site Plan Review for
reasons other than Site Plan Review as it is required in RHMC Section 17.46. is hereby removed.
J. The property on which the project is located shall contain a set aside area to provide an
area meeting all standards for a stable and corral with adequate horse access.
K. A minimum of five-foot level path and/or walkway, which does not have to be paved,
shall be provided around the entire perimeter of all structures, or as otherwise required by the Fire
Department.
L. The applicant 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, roofing and material
requirements of properties in the Very High Fire Hazard Severity Zone.
M. All utility lines to the residence and garage shall be placed underground, subject to all
applicable standards and requirements.
N. A drainage plan, if required by the Building Department, shall be prepared and approved
by City Staff prior to issuance of a construction permit. Such plan shall be subject to LA County Code
requirements.
O. If applicable, the new landscaping shall be subject to the requirements of the City's
Water Efficient Landscape Ordinance, (Chapter 13.18of the RHMC).
P. The setback lines and roadway easement lines in the vicinity of the construction for this
project shall remain marked throughout the construction. A construction fence may be required.
Q. Perimeter easements, including roadway easements and trails, if any, shall remain free
and clear of any improvements including, but not be limited to fences -including construction fences, any
hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the
Rolling Hills Community Association.
R. Minimum of 65% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition permits for waste
hauling prior to start of work and provide proper documentation to the City.
S. During construction, conformance with the air quality management district requirements,
stormwater pollution prevention practices, county and local ordinances and engineering practices so that
Resolution No. 2017-13
7 Portuguese Bend Road 4
people or property are not exp• to undue vehicle trips, noise, dust, are objectionable odors shall be
required.
T. During construction, all parking shall take place on the project site, and if necessary, any
overflow parking may take place within the unimproved roadway easements adjacent to the project site
only, and shall not obstruct neighboring driveways as much as feasible. During construction, to the
maximum extent feasible, employees of the contractor shall car-pool into the City. To the maximum
extent possible, a minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and
equestrian passage shall be available and be clear of vehicles, construction materials and equipment at
all times.
U. 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.
V. The contractor shall not use tools that could produce a spark, including for clearing and
grubbing, during red flag warning conditions. Weather conditions can be found at:
httn://www.wrh.noaa.gov/lox/main.nhesuite=safety&Wage=hazard definitions#FIRE. It is the
sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning
conditions. Should a red flag warning be declared and if work is to be conducted on the property, the
contractor shall have readily available fire distinguisher.
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) requirements
related to solid waste, drainage and storm water drainage facilities management. Further the property
owners shall be required to conform to the County Health Department requirements for a septic system,
if a new septic system is required.
X. Prior to finaling of the project an "as constructed" set of plans and certifications,
including certifications of ridgelines of the structures, shall be provided to the Planning Department and
the Building Department to ascertain that the completed project is in compliance with the approved
plans. In addition, any modifications made to the project during construction, shall be depicted on the
"as built" plan.
Y. 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. The affidavit shall be recorded
together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUSTC.2Q17.
BAD CHEF
CHAIRMAN
ATTEST:
YV TTE HALL, INTERIM CITY CLERK
Resolution No. 2017-13
7 Portuguese Bend Road -5-
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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.
Resolution No. 2017-13
7 Portuguese Bend Road -6-
•
• STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES . ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2017-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS APPROVING A REQUEST FOR A SITE PLAN REVIEW FOR
CONSTRUCTION OF RESIDENTIAL ADDITIONS IN FOUR DIFFERENT AREAS OF
THE STRUCTURE TOTALING 917 SQUARE FEET, A 200 SQUARE FOOT TRELLIS,
TWO TERRACES, AND RELATED IMPROVEMENTS IN ZONING CASE NO. 924 AT
7 PORTUGUESE BEND ROAD, LOT 41-RH, (MARTIN).
was approved and adopted at a special meeting of the Planning Commission on August 8, 2017,
by the following roll call vote:
AYES: Commissioners Cooley, Kirkpatrick, Seaburn and Chair Chelf.
NOES: None.
ABSENT: Commissioner Cardenas.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
INTERIM CITY CLERK
Resolution No. 2017-13
7 Portuguese Bend Road -7-