834, Proposed mixed use structure (, Resolutions & Approval Conditions•
ECORDING 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
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4P RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CAIIIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 834
XX CONDITIONAL USE PERMIT (SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
44 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (LOT 124-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. 834
XX CONDITIONAL USE PERMIT
I (We) certify (or declare) under the penalty
Signature
/40Vc C.Mt&
Name typed or printed
Address IN P►f5Ltat 0
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City/State
Zip Code l n 7_3C
of perjury tha forpgoi is t
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Signature C
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Name typed or printed
Address 4-4- 1 o 4k v
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City/State
Zip Code 04214
•
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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CALIFORNIA JURAT
Subscribed and sworn (or.affirmed) to before me this 0f day of20 !?
by LLL, Its tt r J
who proved to me on the basis of satisfactory evidence to be the person who appeared
before me.
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BRUNO `SARTINI
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^ t . ? IJOTARY PUBLIC c,CALIFORNIA g
't'r '44 , LOS ANGELES COUNTY
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(Notary Seal)
Bruno Sartini — Notary Public
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
OnA4zpai" , Ito i S before me,
� N o -c� r� FkAcs is
(Insert Name of Notary Public and Title)
Personally
appeared
V Yrc► . (' eAr Q MO1.5
who proved to me on the basis of satisfactory evidence to be the person(e)-whose names} is/ -are
subscribed to the within instrument and acknowledged to me that he/ shel-they executed the same in
hisTher/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 off ial seal.
Ili
l
Signature of Notary ji
( Seal)
TIFFANY PHAN
COMM. # 1863719
NOTARY PUBLIC CALIFORNIA
LOS APJGELES COUNTY
My Comm. Expires Sept. 4, 2013
• L(-(ifr
RESOLUTION NO. 2013-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT (CUP) TO
CONSTRUCT A STORAGE ROOM ON A PROPERTY DEVELOPED WITH A
SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING
CASE NO. 834, AT 44 PORTUGUESE BEND ROAD, LOT 124-RH), (MILLS).
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 Mr. and Mrs. Marc Mills with
respect to real property located at 44 Portuguese Bend Road (Lot 124-RH) Rolling
Hills, requesting a Conditional Use Permit to construct a 396 square foot storage room
with a bathroom.
Section 2 The Planning Commission conducted duly noticed public hearing
in the field to consider the application on February 19, 2013. Neighbors were notified
and invited to the hearings. The applicants' representatives were in attendance at the
hearing. One resident attended the hearing and had no objections to the project.
Section 3. The applicants' were notified of the above -referenced hearing in
writing by first class mail. Evidence was heard and presented from all persons
interested in affecting said proposal, from all persons protesting the same, and from
members of the City staff. The Planning Commission having reviewed, analyzed and
studied the information found that the project is satisfactory and meets the City's
Conditional Use Permit criteria based on the findings enumerated below.
Section 4. The Planning Commission finds that the project qualifies as a
Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
categorically exempt from environmental review under the California Environmental
Quality Act.
Section 5. Section 17.16.210(A)(8) of the Rolling Hills Municipal Code
permits approval of a storage room 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:
A. The granting of a Conditp71 Use Permit for the storage room 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 development standards of the Zoning Ordinance md no deviations from
the development standards are requested.
Z.C. NO.839 1
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B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a storage room will not
adversely affect or be materially detrimental to these adjacent uses, buildings, or
structures because the project is of sufficient distance from nearby residences so that
the structure will 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 it complies with the low profile residential
development pattern of the community, will be located on an existing building pad
and will be screened from neighbors' view.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 396 square foot size of the storage room
does not exceed the maximum permitted under the Municipal Code and it 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.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because the proposed project meets all of the development standards of
the Zoning Regulations and has an existing stable, corral and access thereto. No
grading is necessary for construction of the project and the structure will not be
obtrusive to neighbors.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 6. Based upon the foregoing findings and the evidence in the record,
the Planning Commission hereby approves a Conditional Use Permit for a 396 square
foot storage room with a bathroom in accordance with the development plan dated
January 31, 2013 in Zoning Case No. 834 subject to the following conditions:
A. The Conditional Use Permit approval shall expire within two years from
the effective date of this approval if construction pursuant to this approval has not
commenced within that time period, as required by Section 17.46.080(A) of the Rolling
Hills Municipal Code.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall b'e suspended and the privile?s granted
hereunder shall lapse; provided that the applicants have 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.
Z.C. NO. 834 2
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C. A11 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,
including the following conditions:
a. The storage room shall not be located in the front yard or any
setback
b. The maximum size of the structure shall not exceed 396 sq.ft.
c. Bathroom facilities consisting of a sink and toilet only are permitted
d. No kitchen or kitchenette is permitted
e. No sleeping or renting of the room shall be permitted.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated January 31, 2013 except as otherwise provided in these
conditions.
E. The property on which the project is located shall contain an area of
sufficient size and which meets all standards for a stable and corral with vehicular
access thereto. The existing stable structure shall meet the requirements of Section 17.18
of the Zoning Ordinance and may not be converted to uses not specifically provided for
in said Section.
F. The working drawings submitted to the Building and Safety Department
for plan check review must conform to the development plan approved with this
Resolution.
G. There shall be no grading for this project.
H. Structural lot coverage shall not exceed 18,130 square feet or 11.1% in
conformance with structural coverage requirements.
T. Total Iot coverage of structures and paved areas shall not exceed 31,525
square feet or 19.3% in conformance with lot coverage limitations.
J. The disturbed area of the Iot shall not exceed 56,000 square feet or 34.2%
of the net lot area in conformance with lot disturbance limitations.
K. Residential building pad coverage on the existing 50,556 square foot
residential building pad shall not exceed 16,445 square feet or 32.5%. The stable
building pad is 4,206 square feet and has 26.1% coverage.
L. Utility Iines to the storage room shall be placed underground.
M. The roof material for the storage room shall be of Class "A" construction
and Class "A" material, and shall be approved by the RHCA.
Z.C. NO.834 3
N. The storage room shall be screened from nearby properties by trees and
shrubs. A landscaping plan for the pool area, patio and the storage room shall be
submitted to staff for review. Trees and vegetation shall be planted and maintained at
a height to not to exceed the height of the storage room. No hedge like configuration
shall result from the planting.
O. If the proposed landscaped area, as shown on the landscaping plan
required in "N" above, is 5,000 square feet or Iarger, the project shall be subject to the
Water Efficient Landscape Ordinance, Section 13.18 of the Municipal Code, and
appropriate plans, forms and calculations shall be submitted to the City prior to
obtaining a building permit.
P. Conformance with the air quality management district requirements,
(AQMD), stormwater pollution prevention practices, stormwater drainage facilities
construction and maintenance and any county and local ordinances and engineering
practices shall be required, so that people or property are not exposed to undue vehicle
trips, noise, dust, stormwater pollution and objectionable odors.
Q. During construction all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby roadway easements.
R 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.
S. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for connecting
and maintenance of the septic tank for the bathroom.
T. The property owners shaII be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management
Practices (BMP's) related to solid waste.
U. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards Ordinance.
V. Drainage plan for the project shall be reviewed and approved by the
Building and Safety Department. The drainage shall be designed to include all water
discharge from the site's irrigation system and to assure that all drainage from the site
is conveyed in an approved manner. No drain structure shall be located in easements,
unless approved by the Rolling Hills Community Association.
W. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
z.C. NO. 834 4
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X. 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
http:/Jwww.wrh.noaa.govjiox/main.php?suite=safety&page=hazard_definitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions.
Y. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee.
Z. A minimum of 50% of the construction and demolition material shall be
recycled and verification submitted to the City. A hauling permit shall be obtained
from the City by the construction/demolition hauler.
AA. The conditions of approval specified herein shall be printed on the
Plans submitted to RHCA and to Building and Safety Department for plan check
review and on all subsequent plans.
AB. Until the applicant executes an Affidavit of Acceptance of all conditions
of the Conditional Use Permit, and such affidavit is recorded together with this
resolution, the approval shall not be effective.
AC. 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 19t,1 1' OF M7iZG 2
iD HIELF, VI SF.SI1AIF(MAN
ATTEST:
0"P 8-41,-)
HEIDI LUCE, DEPUTY CITY CLERK
Z.C. NO. 834 5
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2013-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT (CUP) TO
CONSTRUCT A STORAGE ROOM ON A PROPERTY DEVELOPED WITH A
SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES IN ZONING
CASE NO. 834, AT 44 PORTUGUESE- BEND ROAD, LOT 124-RH, (MILLS).
PROJECT HAS BEEN DETERMINED TO BE EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
March 19, 2013 by the following roll call vote:
AYES: Commissioners Henke, Mirsch and Chairman Chelf.
NOES: None.
ABSENT: None..
ABSTAIN: Commissioner Smith (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
QVI!D2AMfliio
DEPUTY CITY CLERK
Z.C. NO. 834 6