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702, Construct a play area in rear , Resolutions & Approval Conditions• NAME RECORDING REQUEST DY WHEN RECORDED MAIL TO Yo4-AA r/1 3c474wA27-2 ADDRESS �- %0O i� CITY, LIME 204./..xaJG' 4 /z GI cja �7`f ZIP CODE TITLE(S) or /4c*-6--pTriAk-r- 06 1910772 M20 •/94 RECORDING REQUESTED BY AND MAIL TO CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD 1e1 fief I'J ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 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. 702 06 1.910772 SITE PLAN REVIEW XX VARIANCE XX CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 15 WIDELOOP ROAD ROLLING HILLS, (LOT 4-A-RF) CA 90274 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. 702 I (We) c ify (or declare) u SITE PLAN REVIEW XX VARIANCE X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT penalty of perjury that the foregoing is true and correct. /g �tdgre / � Signature Na) t Re o Name typed or printed Adde s ' Address eaw City/State City/State Signatures must be acknowledged by a notary oublic. State of California ) County of Los Angeles) D/r/L9 e '' // R On Al AY 30. 2-004, before me, Va to,V[ P W f - personally appeared 8 reit �e T Recorders Use Only persorrafly-imawrrto-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/stbeyexecuted the same in his/heratieir authorized capacity(ies) and that by his ber/tbeeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. VALERIE R. WIESEN IWitness by hand and official seal. Commission # 1429794 /j //�(�.Q,i Notary Public - California F j %G��� ei iC �ii ,--, Orange County l/ My Comm. Expires Jul 11,2007 Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (1/ • (ems-trtlerr-A RESOLUTION NO. 2005-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR SITE PLAN REVIEW FOR GRADING TO CREATE A PLAY AREA AND GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 702 AT 15 WIDELOOP ROAD, (LOT 4-A-EF), (ZANE). 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. Brett Zane with respect to real property located at 15 Wideloop Road, Rolling Hills (Lot 4-A-EF) requesting a Site Plan Review to grade 3,482 square feet of surface area to create a 2,406 square foot play area and a Variance to exceed the maximum permitted disturbed area of the lot by 13.7% at an existing single family residence. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on February 15, 2005, March 15, 2005, April 18, 2005, and at a field trip visit on March 15, 2005. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff. The Planning Commission reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Section 3. The subject property is developed with a 1,708 square foot residence, 342 square foot garage, a 352 square foot swimming pool, service yard and a 420 square foot stable. The proposed play area will be Iocated in the rear of the property. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Section 17.46.020(A)(1) requires a Site Plan Review for grading projects requiring a grading permit. With respect to the Site Plan Review application, the Planning Commission makes the following findings of fact: . A. The proposed activity is compatible with the General Plan and the Zoning Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict grading practices to preserve the community's natural terrain. The Building Code and the Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of soil, except under special circumstances applicable to a property and with a discretionary permission by the Planning Commission. The project conforms to Zoning Code setback and lot coverage requirements. Although the grading will take place in the rear setback, there is no structure proposed in this area. Reso. 2005-15 7anv 1 06 1910772 B. The proposed activity 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). Although grading of the existing slope is necessary to construct the play area only approximately 3,482 square feet of the 21,400 square feet of the net lot area of the lot will be affected by the grading. The development plan substantially preserves the natural and undeveloped state of the lot and enhances it by additional landscaping. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the play area will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed play area will be constructed on a portion of the lot which is the least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs is a sufficient distance from nearby residences and the street so that play area will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The proposed development is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. No new structures will be constructed. D. The development plan follows natural contours of the site to the maximum extent feasible. The natural drainage courses will be preserved. The existing Iarge trees will be preserved and additional landscaping will be installed. E. The development plan will be based upon compliance with the conditions contained in this Resolution, supplement the existing vegetation with landscaping that is compatible with and enhances the rural character of the community. Upon completion of the project the graded areas will be re - vegetated. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project does not affect the circulation for pedestrians and vehicles. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt from its requirements. Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code 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 Reso. 2005-15 7.ana 2 06 1910772 • • 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. A Variance to Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to 40% of the net lot area. With respect to this request for a Variance for lot disturbance of 53.7%, 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. The Variance for the maximum permitted disturbance is necessary because the disturbance is currently at the maximum permitted at 40.0%. The additional disturbance will be minimal and will remain as open space for play area only. No structures are proposed on the graded area. 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 of the existing conditions of the lot. The lot is developed from side property line to side property line with residential structure and a pool in the rear. There is no level area adjacent to the residence for play area for the children. The play area would be located in an area on the property that is on a pad below the residential building pad and will not be visible from any neighbor or roadway. 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. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The proposed play area will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences, so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. D. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 2,406 square foot play area, which will not be paved, will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed play area will be modest in size, constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. Section 7. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Site plan Review for grading and Variance to permit a disturbed area of 53.7% of the net lot area in Reso. 2005-15 7ane 06 1910772 • Zoning Case No. 702, subject to the conditions specified in Section 8 of this Resolution. Section 8. The Site Plan Review approval regarding grading for a play area and the Variance approval regarding the exceedance of the disturbed net lot area are subject to the following conditions: A. The Site Plan Review and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080 and 17.38.070(A) of the Zoning Ordinance unless otherwise extended pursuant to the requirements of that section. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the City has given the applicants 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. C. All requirements of the Building Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with, unless otherwise set forth in this approval. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A dated April 13, 2005 and with the landscaping plan marked Exhibit B dated April 15, 2005, except as otherwise provided in these conditions. E. No structures shall be constructed on the play area. The play area shall remain covered with ground cover and shall not be developed with impervious surface. F. Pursuant to Section 17.16.200L of the Zoning Ordinance, playground equipment, including roofed equipment may be installed on the play area. However, due to the fact that the play area is located in the rear setback, such roofed equipment may not exceed 15 feet. in height or measure more than 120 square feet in surface area, as measured beneath the roofed/protective cover. G. Structural lot coverage shall not exceed 3,262 square feet or 15.2% in conformance with structural lot coverage limitations. H. Total lot coverage of structures and paved areas shall not exceed 5,468 square feet or 25.5% in conformance with total lot coverage limitations. I. The disturbed area of the lot shall not exceed 53.7% in conformance with disturbed area limitations, as approved by this Variance. 06 191O772 Reso. 2005-15 Tana 4 • J. Residential building pad coverage on the 4,335 square foot existing residential building pad shall not exceed 2,456 square feet or 56.6%. The swimming pool pad coverage shall not exceed 23.2%, and the stable and play area pad shall not exceed coverage of 38.2%. K. Grading for this project shall not exceed 76 cubic yards of cut and 76 cubic yards of fill and shall be balanced on site. The depth of the cut and the height of the fill shall not exceed 2.5 feet. L. The existing 420 square foot stable shall remain for stable use and shall not be converted to other uses, unless a separate application is submitted and approved for a different use. M. The landscaping for this project shall conform to the landscaping plan submitted for this application, marked Exhibit B and dated April 15, 2005. No lights shall be installed on or around the play area. N. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. 0 During construction, conformance with local ordinances and engineering practices so that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. P. During construction, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. Q. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control storm water pollution as required by the County of Los Angeles. R. During and after construction, all parking shall take place on the project site, and if necessary on the adjacent roadway easement. S. 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. 06 1910772 Reso. 2005-15 7anp �' • • T. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of storm water drainage facilities. U. Drainage design shall be approved by the County of Los Angeles Building and Safety and shall be designed in such a manner as to drain to the rear of the property and to the maximum extent practicable be dissipated on the subject property and not in easements. If a dissipator is to be constructed it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail,,shall incorporate earth tone colors, and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. V. The City's requirements related to outdoor lighting and all other requirements for the zone in which the project is located shall be complied with. W. Prior to issuance of a grading permit, the project shall be reviewed and approved by the Rolling Hills Community Association. X. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variance and Site Plan approvals, pursuant to Sections 17.38.060 and 17.46.065 or the approval shall not be effective. Y. All conditions, when applicable, of the Site Plan Review and Variance approvals must be complied with prior to the issuance of a grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY, 2005. ROGLR SOM IER, CHAIRMAN ATTEST: MA,Z� 9,r. ,f . 1 l LYN KERN, DEPUTY CITY CLERK 06 1910772 Reso. 2005-15 7anP A I certify that the foregoing Resolution No. 2005-15 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR SITE PLAN REVIEW FOR GRADING TO CREATE A PLAY AREA AND GRANTING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 702 AT 15 WIDELOOP ROAD, (LOT 4-A-EF), (ZANE). was approved and adopted at a regular meeting of the Planning Commission on MAY 17, 2005 by the following roll call vote: AYES: Commissioners DeRoy, Hankins, Witte and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK 06 1910772 Reso. 2005-15 Zane 7 l • Cii ofi2 PP.,a Jd PP, May 22, 2006 l- INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE SEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityolrh@aol.com Mr. Sr Mrs. Brett Zane 15 Wideloop Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 702. Site Plan Review for grading to create a play area and a Variance to exceed the maximum permitted disturbed area at an existing single family residence at 15 Wideloop Road. (Lot 4A-EF), Rolling Hills, CA. Dear Mr. and Mrs. Zane: This letter shall serve to notify you that the City has not received a recorded Resolution of Approval for the above -mentioned case. I understand that you have commenced work on the property without recording the resolution. Please record the Affidavit of Acceptance Form together with the Resolution as soon as possible. One of the conditions in the resolution is that construction may not commence unless the Resolution is recorded. I am enclosing the letters with instructions previously sent to you, together with the Resolution of Approval and Affidavit of Acceptance Form for recordation at. Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $9.00 for the first page and $3.00 for each additional page. Please feel free to call me at (310) 377-1521 if you have any questions. Sincerely, PlhTanta Schwartz nning Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2005-15 LETTER DATED MAY 24, 2005 Cc: Doug McHattie, Bolton Engineering, cover letter only ePTurtU•d on Fl..".cs,nl'''i C14 o/ RO/A Jhff May 24, 2005 Mr. (Sr Mrs. Brett Zane 15 Wideloop Road Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 702. Site Plan Review for grading to create a play area and a Variance to exceed the maximum permitted disturbed area at an existing single family residence at 15 Wideloop Road. (Lot 4A-EF), Rolling Hills, CA. Dear Mr. and Mrs. Zane: This letter shall serve to notify you that the Planning Commission adopted a resolution on May 17, 2005, granting a request for a Site Plan Review to permit construction of a play area and a Variance to exceed the maximum permitted disturbed lot area. That action, accompanied by the record of the proceedings before the Commission was reported to the City Council on May 23, 2005. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Commission's action takes effect. I have enclosed a copy of RESOLUTION NO. 2005-15, specifying the conditions of approval set forth by the Planning Commission and the approved Development Plan to keep for your files. (You may wish to make a copy of the resolution for your files) Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward (or hand deliver for expeditious processing) the completed form and a copy of the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $9.00 for the first page and $3.00 for each additional page. • 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 (310) 377-1521 if you have any questions. Sincerely, c/AA•JarY,.��nta Schwartz Planning Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2005-15---- DEVELOPMENT PLAN cc: Mr. Douglas McHattie (letter only) 7002 0510 PS Form 3811, Fetxuary 2004 o Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ▪ Print your name and address on the reverse so that we can return the card to you. o Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. & Mrs. Brett Zane 15 Wideloop Road Rolling Hills, CA 90274 2. Article Number (Transfer from service I ❑ Agent ❑ Addressee IC. Date of Delivery 1. Ankle Addressed to: D. Is ddrvery address different firm twat? 0 Yes C If YES, enterordelivery address below. O No Mr. & Mrs. Brett Zing 15 Wideloop Road Rolling Hills, CA 90274 2. Article Number (Transfer tom sentce 1 . o • if iiiiiiiiiiiiiiiiiiimeamsami • Complete items 1, 2, and 3. Also complete i A. S earore Item 4 if Restricted Delivery Is desepd. ■ Print your name and address on the reverse so that we Can return the card to you. ■ Attach this C antt0 the bac k o1 or on the front M spacethe mallpleCe, pemilts. �x IB. Received by(Ra,ted Mane) Dumest o Return Receipt I3. r5�(¢�tce Type F• Calera? Mall ' D Eepress Mall 0 Registered Return Receipt for Merchandise ❑ hnmed Mau ❑ C.O D. 4. Resfrlated Ddhvey% (Edoe Fee) 0 Yes 0001 4835 0493 2.ieC.-- N°.1oL llEG�/. cer, ta25 SQZA 1 A.,Sienature 0 Agent [eqddressee B. Vecelved by (Pdnd Name) C. Date of Delivery �.laf elf2 �� lr I C as 0'� D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. S rvice Type Certified Mall ❑ Registered ❑ Insured Mail ❑ Express Mall i2 'Return Receipt ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Z. -NO 7002 0510 0001 4835 0493 1,e PS Form 3811, February 2004 Domestic Return Receipt 1025s5.02-M-154o for Merchandise C7 Yes •-1dL A.f' sits D est iU1L Llikl=„41j-)17 qrazi4moZi/Alailia;Ce e I -PikairtC0) Postage Certified Fee r-1 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) t=3 Total Li) Sent To RI Street, I=1 or PO E City, St $ Mr. & Mrs. Brett Zane 15 Wideloop Road Rolling Hills, CA 90274 Postmark H re II 7002 0510 0001 4835 0493 CITY OF ROLLING HILLS 2 PORTUGUESE SEND ROAD ROLLING HILLS, CA 90274 Mr. Sr Mrs. Brett Zane 13 Wideloop Road Rolling Hills, CA 90274 • • • RECORDING REQUESTED BY AND MAIL TO CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 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. 702 SITE PLAN REVIEW X X VARIANCE Y�X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 15 WIDELOOP ROAD ROLLING HILLS, (LOT 4-A-RF) CA 90274 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. 702 SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State Signatures must be acknowledged by a notary oublic. State of California County of Los Angeles ) On before me, personally appeared T Recorders Use Only 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. Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF