580, Construct a new attached 3-car, Resolutions & Approval Conditions•
When recorded mall to:
CITY OF ROLLING HILLS
2 Portuguese Bend Road
Rolling Hills, Ca 90274
(310) 377-1521
(310) 377-7288 FAX
Space above for Recorder's use
(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.580
) §§
SITE PLAN REVIEW •
VARIANCE ■
CONDITIONAL USE PERMIT O
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
8 POSSUM RIDGE ROAD (LOT 112-RH)
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO.580 '
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) certify (or declare) under the penalty of perjury that the foregoing i
Print Print
'D W A Q b, c1 p E R..Z M` J Owner
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Signatures must be acknowledged by a notary nublic.
State of California )
County of bes-Angeles.)
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before me, 106/0r(L-
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personally appeared FCAc, Y 0 Y
personally known to me (or 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.
Witness by hand and official seal.
CCMS.WATSON
x Corn fork f 1106231
Notaypif e—Cd'tart<a
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(yCam'.Wes J;f 11,207J '
jnature of Notary Public
98 1660 332
See Exhibit "A" attached hereto and made a part hereof
RESOLUTION NO. 98-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT AN
ENCROACHMENT INTO THE SOUTH SIDE YARD SETBACK TO
CONSTRUCT AN ATTACHED GARAGE AND GRANTING SITE
PLAN REVIEW APPROVAL TO CONVERT AN EXISTING GARAGE
TO RESIDENTIAL USES, TO CONSTRUCT ADDITIONS AND TO
CONSTRUCT A NEW ATTACHED GARAGE THAT REQUIRES
GRADING FOR AN EXISTING SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 580.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. and Mrs. Edward Woerz with
respect to real property located at 8 Possum Ridge Road, Rolling Hills (Lot 112-RH)
requesting a Variance to permit the construction of an attached 3-car garage that will
encroach into the south side yard setback and requesting Site Plan Review to
convert an existing garage to residential uses, construct additions and a new attached
garage that requires grading for an existing single family residence.
Section 2. In 1988, Mr. and Mrs. James Murray were granted a Variance
from front yard setback requirements for a recreation room/garage at the front or
east side of the residence and a Conditional Use Permit for a 5,184 square foot paddle
tennis court at the northeastern portion of the lot. During the construction process,
questions arose as to discrepancies with previously approved plans by the City and
the Association. On June 4, 1990, the City directed the Murrays to cease any further
grading work on the tennis court as the grading work did not appear to be balanced
and as undertaken would apparently exceed 750 cubic yards.
The case was brought back to the Planning Commission on November 20,
1990 for modification by the new owner, Mr. James Lu. Mr. Lu requested a Variance
to import soil, resulting in an imbalance of cut and fill to construct a tennis court;
request for a modification to the previously approved Conditional Use Permit to
construct and maintain a tennis court; and to consider any other appropriate action.
On January 12, 1991, in Zoning Case No. 348 by Resolution No. 90-43, the Planning
Commission denied the request for a Variance to the balance of cut and fill soil and
denied the request to modify the terms of a Conditional Use Permit for a tennis
court because the topography had been altered significantly, creating a steeper slope
than originally approved with more extensive grading than previously approved;
the proposed plan was substantially different from the approved plan; the original
plans did not indicate an import of soil, resulting in a substantial change to the
terrain and grading; and the import of soil was excessive and not in accordance with
that which was originally approved.
98 1660332
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the new applications on May 19, 1998 and June 16, 1998, and at a
field trip visit on June 9, 1998.
Section 4. The Planning Commission finds that the project qualifies as a
Class 1 Exemption (State CA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 5. Sections 17.38.010 through 17.38.050of the Rolling Hills
Municipal Code permitapproval 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 17.16.120 (B)(2) requires that a side yard shall measure no less than twenty-
five feet from the interior boundary of the easement when the easement exceeds ten
feet in the RA-S-2 zone requiring a fifty (50) foot side yard setback for this property.
The applicant is requesting to encroach up to a maximum of thirty (30) feet into the
fifty (50) foot side yard setback to permit the construction of a new 682 square foot
attached 3-car garage. With respect to this request for a Variance, the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply
generally to the other property or class of use in the same zone because much of the
lot is steep and portions of the building pad are located within the side yard setback.
The existing development pattern on the lot and the sloping north side of the lot
and west rear portions preclude continued expansion for a garage on the lot.
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. The Variance is necessary
because the development and use of the subject property in a manner consistent
with the shape of the lot and development of other property on this street justifies
this additional incursion into the side yard setback.
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. Development on the pad
will allow a substantial portion of the lot to remain undeveloped.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 580 to permit the encroachment
of a 682 square foot attached 3-car garage that will encroach a maximum of 30 feet
RESOLUTION NO. 98-15
PAGE 2
o
• •
into the fifty (50) foot side yard setback, as indicated on the development plan
submitted with this application and incorporated herein by reference as Exhibit A,
subject to the conditions specified in Section 9 of this Resolution.
Section 7. Section 17.46.030 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 involve changes to grading or an increase to the size of the building
or structure by at least 1,000 square feet and has the effect of increasing the size of the
building by more than twenty-five percent (25%) in any thirty-six (36) month period.
With respect to the Site Plan Review application to convert an existing garage to
residential uses, to construct additions and to construct a new attached garage that
requires grading for an existing single family residence, 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 with the
Variance approved in Section 6 of this Resolution. The lot has a net square foot area
of 181,957 square feet. Theproposed residence (3,054 sq.ft.), garage (682 sq.ft.), utility
room (136 sq.ft.), future stable (450 sq.ft.) and service yard (96 sq.ft.) will have 4,418
square feet which constitutes 2.4% of the lot which is within the maximum 20%
structural lot coverage requirement. The total lot coverage including paved areas
and driveway will be 8,853 square feet which equals 4.9% 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 structures located above the road so as
to reduce the visual impact of the development.
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 (such as hillsides and knolls). The lot is relatively steep and most of the
mature trees will not be removed. Grading will only be done to provide approved
drainage that will flow away from the proposed residence and existing neighboring
residences.
C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the canyons at
the west (rear) and north side of this lot.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
preserves several mature trees and shrubs and supplements it with landscaping that
is compatible with and enhances the rural character of the community.
RESOLUTION NO. 98-15
PAGE 3
98 1660332
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, the approval shall be
suspended and the privileges granted thereunder shall be subject to revocation;
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 and has been provided
additional notice and a hearing prior to the revocation of the Permit.
C. All requirements of the Buildings Code of the City of Rolling Hills and
the Rolling Hills Zoning Ordinance . must be complied with unless otherwise set
forth in the 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 dated May 12, 1998, and marked Exhibit A, except as
otherwise provided in these conditions.
E. 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.
F. Any retaining walls incorporated into the project shall not exceed 5 feet
in height, averaging no more than 2-1/2 feet.
G. The residential building pad coverage shall not exceed 30.2%.
H. Maximum disturbed area shall not exceed 4.9% of the net lot area.
I. Grading shall not exceed 41 square feet of cut soil and 41 square feet of
fill soil and shall be balanced on site.
J. Any grading shall preserve the existing topography, flora, and natural
features to the greatest extent possible.
K. Landscaping shall incorporate and preserve, to the maximum extent
feasible, the existing mature trees and shrubs and the natural landscape screening
surrounding the proposed building pad.
L. 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.
M. 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. 98-15
PAGE5
g & 1660332
r
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.
Although the project will have a residential pad coverage of 30.2%, the total pad
coverage will be 23.3% and the project will be located on a relatively steep lot where
significant portions of the lot will be left undeveloped. The development plans will
minimize impact on Possum Ridge Road. The reconfiguration of the doors to the
garage that currently face Possum Ridge Road so that they will not face the street and
will minimize impact of the residence from Possum Ridge Road. Significant
portions of the lot will be left undeveloped.
F. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As indicated
in Paragraph A, the lot coverage maximum will not be exceeded and the proposed
project is consistent with the scale of the neighborhood when compared to this
irregular -shaped lot. 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 the
convenience and safety of circulation for pedestrians and vehicles because the
proposed project will use existing driveways and replace and relocate a garage
entrance for vehicular access that will have less of an impact on Possum Ridge
Road.
H. The project conforms with the requirements of the California
Environmental Quality Act and is categorically exempt from environmental
review.
Section 8. Based upon the foregoing findings, -the Planning Commission
hereby approves the Site Plan Review application for Zoning Case No. 580 to
convert an existing garage to residential uses, to construct additions and to construct
a new attached garage that requires grading for an existing single family residence as
indicated on the development plan incorporated herein as Exhibit A and subject to
the conditions contained in Section 9.
Section 9. The Variance to the side yard setback approved in Section 6 and
the Site Plan Review approved in Section 8 of this Resolution are subject to the
following conditions:
A. The Variance and Site Plan Review approvals shall expire within one
year from the effective date of approval as defined in Sections 17.38.070(A) and
17.46.080(A), unless construction on the applicable 'portions of the structure have
commenced within that time period.
RESOLUTION NO. 98-15
PAGE 4
98 1660 332
N. In accordance with Section 17.46.070 of the Rolling Hills Municipal
Code, any modifications to the project which would constitute minor modifications
shall be reviewed and acted upon by the City Manager or designee, and any
modifications to the project which would constitute major modifications shall be
reviewed and acted upon by the Planning Commission.
O. The applicants shall execute an Affidavit of Acceptance of all
conditions of this Variance and Site Plan Review, pursuant to Section 17.38.060, or
the approval shall not be effective.
P. All conditions of these Variance and Site Plan Review approvals 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 21ST DAY
ATTEST:
MARILYN N, DEPUTY CITY CLERK
ALLAN ROBERTS, CHAIRMAN.
RESOLUTION NO. 98-15
PAGE 6
98 1660 332
111
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 98-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT AN
ENCROACHMENT INTO THE SOUTH SIDE YARD SETBACK TO
CONSTRUCT AN ATTACHED GARAGE AND GRANTING SITE
PLAN REVIEW APPROVAL TO CONVERT AN EXISTING GARAGE
TO RESIDENTIAL USES, TO CONSTRUCT ADDITIONS AND TO
CONSTRUCT A NEW ATTACHED GARAGE THAT REQUIRES
GRADING FOR AN EXISTING SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 580.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on July 21, 1998 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Witte.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
• r; IC
DEPUTY CCLERK
RESOLUTION NO. 98-15
PAGE 7
gg 1660332