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778, Addition to existing SFR with , Resolutions & Approval Conditions• • This page is part of your document - DO NOT DISCARD i i i i i i u 20101243031 i i III i i i i i i III i i Recorded/Fi ed in Official Records Recorder's Office, Los Angeles County, California 010090306200 00291441 02869007 EQ 01 09/03/10 AT 10:22AM i i II i i i DAR - Counter (Hard Copy 101 i 1111 II 1111 i 11111 i 11111 I I i HI III' THIS FORM IS NOT TO BE DUPLICATED i P0014: FEES: 54.00 TAXES: 0.00 OTHER: 0.00 PAID: 54.00 RECORDING REQUE ' 3Y WHEN RECORDED MAIL TO VAME Cc tt/ ot= RO _i / (-(// 1 y .TAILING 2 Pogrc./G t./L3C BEND !-7P. ADDRESS CITY. STATE Pa-C-1 10 ,41tt5 LIP CODE 9612_74 T ITLE(S) • 79/l�p .1? j;. *20101243031 * SPACE ABOVE TH'.S _NE RESERVED FOR RECORDER'S USE • • 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 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. 778 CONDITIONAL USE PERMIT XX XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 46 SADDBACK ROAD, ROLLING HILLS< CA 90274 (LOT 10-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. 778 XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT I (We certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature �rsa gancoak R�hrt'j Name typed or printed Signature Name typed or printed Address /0 /44ar4irija/c Dn. ue _Address /anchor P %os V rdzs ,CA City/State City/State • • Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-13 State of California ) County of Los Angeles ) On JtP i. 1) z o t O before me, C, (-11.-Ae, eci_z_//1 -F7 Personally appeared 4. /5A l 1, R / /1 /�-7 who 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. 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 official seal. 1jc Signature of Notary /(32, i %/ ` .7 'Seal) — —- Los Angeles County My Comm. Expires Feb 25, 2013 .rid - — — — — — — — D000IAS K. MOAT?* Commission 1183343a Notary PubyC-CaHfomb Y0'"�=•u IJ, CO • t>Lhib(4L • RESOLUTION NO. 2010-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT (CUP) FOR GRADING AND CONSTRUCTION OF A RECREATION ROOM, A SUBSTANTIAL ADDITION TO THE EXISTING RESIDENCE INCLUDING BASEMENT AND TO CONSTRUCT A NEW SWIMMING POOL IN ZONING CASE NO. 778, (LOT 10-RH), (REHRIG). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE REQUIREMENTS OF 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. William Rehrig with respect to real property located at 46 Saddleback Road, Rolling Hills, requesting a Site Plan Review and a Conditional Use Permit (CUP) for grading of 1,172 cubic yards of dirt (including excavation from a basement and a pool) and construction of an 800 square foot recreation room with 262 square foot attached trellis, a 2,560 square foot addition with 397 square feet of attached trellis for a total of 7,117 square foot residence, a 1,638 square foot basement and a major remodel at an existing single family residence. The existing swimming pool will be demolished and a new 717 square foot swimming pool, barbeque area, 468 square foot detached trellis, service yard and pool equipment will be constructed. The existing 704 square foot non -conforming detached garage will remain in its current location. A 684 square foot stable, 299 square foot freestanding tack room and corral exist on the property and will remain. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on February 23, 2010, March 16, 2010 and at a field trip on March 16, 2010. The applicants were notified of the above -referenced hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons supporting the same, and from members of the City staff at each of the hearings. The applicants and the applicants' representatives were in attendance at the hearings. Section 3. The property is zoned RAS-1 and is currently developed with a 4,557 square foot residence, 704 square foot detached garage with attached 220 square foot shed, 775 square foot guest house located in the front setback, 922 square foot swimming pool, 7,200 square foot tennis court with lights, 299 square foot tack room and a 684 square foot stable with corral. A less than 120 square foot shed is also on the property. 230 square feet of the existing garage encroaches into the front setback, and is to remain. As part of this application, the guest house and the sheds will be demolished and the lights will be removed from the tennis court. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption [State CE(?A Guidelines, Section 15301(e)] and is therefore Reso. 2010-07 46 Saddleback 1 • categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Section 17.46.020 requires a development plan to be submitted for site plan review and approval before any grading, 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. The applicants submitted a Site Plan application for grading and construction of an 800 square foot recreation room and substantial addition (2,560 s.f.) to the residence, together with a swimming pool, attached and detached trellises, service yard area, pool equipment and barbeque area. With respect to the Site Plan Review application 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 lot coverage requirements and disturbed area. The net Iot area of the lot for development purposes is 92,448 square feet. The existing and proposed structures constitute 19.9% coverage of the net lot, which is within the maximum 20`o structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway constitute 32.4% of the net lot, which is within the 35% maximum overall net lot coverage requirement. The proposed project will be screened from the road so as to reduce the visual impact of the development. The lot was previously disturbed at 68.4% and is legal non -conforming. No further disturbance is proposed, except that grading will be conducted on the already disturbed areas near the swimming pool and residence. B. The development plan preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure and addition will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The project will be screened from the street and neighbors by trees and shrubs. 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 structures will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed structures will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing building pad for the new construction. C. 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 set forth in the Zoning Code Reso. 2010-07 46 Saddleback • • will not be exceeded. The demolition of the existing guest house, which is located in the front setback, will open up the front of the property and the proposed addition is located outside the front setback with the recreation room located some distance from the residence. Therefore, the lot will not lookimpacted by structures. D. The access to the residence will remain as is but will be renovated. There will be no change or negative effect to the access to the property. An existing access to the stable and corral will remain on the property and will not be paved. E. The development plan does not create large amounts of grading. Grading for this project will involve 1,172 cubic yards of dirt, including 698 cubic yards excavation from the basement. An existing swimming pool will be filled in and a new one, smaller pool, constructed. It is anticipated that all dirt will be used on site and no export of dirt is planned. Grading and disturbance will be in an area previously disturbed. F. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 6. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a recreation 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 Conditional Use Permit for the recreation 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 and no deviations from the development standards are requested. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a recreation room will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the recreation room is of sufficient distance from nearby residences so that the recreation room 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 the recreation room complies with the low profile residential development pattern of the community and will be screened from neighbors' view. The highest ridge of the accessory structure is going to be 12'6". D. The proposed conditional use complies with all applicable development standards of the zone district because the 800 square foot size of the recreation room does not exceed the maximum permitted under the Municipal Cede and the recreation room does not encroach into any setback areas and is not located in the front. Reso. 2010-07 46 Saddleback 3 • • 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. Proposed grading is minimal for this project and the structure will be screened from adjacent properties and is not obtrusive to neighbors. Section 7. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Site Plan Review for grading of 1,172 cubic yards of dirt (including excavation from a basement and a pool) and construction of an 800 square foot recreation room with 262 square foot attached trellis, a 2,560 square foot addition with 397 square feet of attached trellis for a total of 7,117 square foot residence, a 1,638 square foot basement and a major remodel at an existing single family residence. In addition a new 717 square foot swimming pool, barbeque area, 468 square foot detached trellis, service yard and pool equipment will be constructed. The existing 704 square foot non -conforming detached garage will remain in its current location, in accordance with the development plan dated February 17, 2010 and March 10, 2010 in Zoning Case No. 778 subject to the following conditions: A. The Site Plan and Conditional Use Permit approval shall :.expire within two years from the effective date of this approval if construction pursuant to L:- is approval has not commenced within that time period, as required by Sections 17.46.080(A) and 17.42.070(A) of the Rolling Hills Municipal Code, or as it may be extended pursuant to 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 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. 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 the Permit, or shown otherwise on an approved plan, including the following conditions: a. The recreation room must be developed on the same recorded lot as the main house. b. The recreation room shall not be located in the front yard or any setback. Reso. 2010-07 46 Saddleback 4 • • c. The maximum size of such structure shall not exceed eight hundred square feet. d. No kitchen or other cooking facilities shall be permitted (microwave, under -counter refrigerator, hot plate and bar like sink is permitted) e. No sleeping quarters shall be permitted and it shall not be rented f. Bathroom, without a bathtub is permitted. This shall also include, but not he limited to, the requirements of the Lighting Ordinance, Roof Covering Ordinance, Undergrounding of Utilities Ordinance, Recycling Ordinance and all other requirements. D. The working drawings submitted to the Department of Building and Safety for plan check review and issuance of permits must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission, on file in the Planning Department dated February 17 and March 10, 2010. E. Grading shall not exceed 1,172 cubic yards of cut and fill, which includes 698 cubic yards from excavation of the basement and 474 cubic yards of fill for the construction of the structures. No additional surface areas shall be disturbed, other than what is already disturbed. out. F. Structural lot coverage shall not exceed 18,388 sc;eare feet 3r 19.9 0 in conformance with structural coverage requirements. G. Total lot coverage of structures and paved areas shall not exceed 29,341 square feet or 32.4% in conformance with lot coverage limitations. H. The disturbed area of the lot shall not exceed 63,220 square feet or 68.4% of the net lot area and is pre-existing. I. Residential building pad coverage on the existing 55,960 square foot pad shall not exceed 17,193 sq.ft. or 30.7%, including the tennis court, residence - existing and addition, recreation room, pool and other miscellaneous structures but excludes 800 sq.ft. of the trellises; coverage on the 5,440 square foot existing stable pad shall not exceed 18.1%, which exists. J. Utility lines to the recreation room and the residence shall be placed underground. K. Walls constructed in conjunction with this project, as shown on the site plan, may not be located in setbacks and may not exceed 5 feet in height, except that the basement light well walls, as seen from the basement side, may be higher as approved by the RHCA. A three rail fence or railing, if required by the Building Department and approved by the RI-ICA Architectural Committee may be constructed on top of the basement light well wall. Reso. 2010-07 46 Saddleback 5 • • L. The access road to the existing stable, tack room and corral shall remain and it may be improved, but it shall not be paved. D.G. or other pervious surface may be used. M. An adequate area exists for a stable and corral and may not be graded or constructed upon. Conversion of the stable and tack room to other uses is prohibited. N. The unpermitted sheds, guest house and the tennis court lights shall be demolished. O. Where the recreation room as specified on the approved plan is converted to another use, without required approvals, the permit granting the CUP may be revoked, pursuant to Chapter 17.58, and the structure may have to be removed at the cost of the property owner. P. The existing motor court may not be expanded in the direction of the street. Q. The legal non -conforming detached garage may remain on the property. However, it may not be expanded, demolished, atcached to the main residence or moved without filing a new application and obtaining approval from the Planning Commission. R. The existing impervious path between the existing guest house and extending along the tennis court shall be removed and the area planted. S. The three -rail fences along the property shall be relocated outside of easements or approval granted from RHCA. T. The tennis court shall be screened from the r.eighb:'rs without impacting the trail. U. The pool equipment shall be screened from view. A sound attenuating material shall be installed to limit the noise from the equipment area. V. The proposed basement shall not exceed 1,638 square feet and shall meet all requirements of the Los Angeles County Building Code for basements, including exit doors and provision for light and ventilation. The basement light well walls shall be screened from view from the road and neighbors. W. 50% of the demolition and construction materials shall be recycled / diverted. Pursuant to the Construction and Demolition Recycling Ordinance the hauling company shall obtain a hauling permit and lay the applicable fees. Verification of recyciing/diversion shall be submitted to the City. X. Perimeter easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction Keso. 2010-07 4h Saddleback h • • fences, grading (both cut and fill), landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, except if otherwise approved by the RHCA. Y. No irrigation or drainage device may be located on the property in such a manner as to contribute to erosion or in any way adversely affect easements, natural drainage course or a trail. Drainage for this project shall be approved by Building and Safety Department. Z. The property lines, easement lines and setback lines in the areas of construction shall be staked throughout the construction period, and the staking shall remain in place until final approval is granted for the construction. AA. All graded areas and areas where the unpermitted structures and impervious surface were located shall be landscaped. All landscaping shall he designed using native plants, shrubs and trees. Any new trees and shrubs planned to be planted in conjunction with this project shall, at maturity, shall not he higher than the ridge height of the structure near which they are located. No plants shall be planted, which at maturity would result in a hedge like screen. AB. Landscaping shall include water efficient irrigation, that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray. Prior to obtaining building permits two copies of the landscaping plan shall be submitted to City for review and approval. Fire Department review of the landscaping shall also be required for fuel modification requirements. AC. Conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices shall be required, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. • AD. Should it be required by the Building and Safety Department, an Erosion Control Plan containing the elements set forth in Section 7010 of the 2008 County of Los Angeles Uniform Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the building code. AE. During construction all parking shall take place on the project site and, if necessary, any overflow parking may take place within nearby roadway easements. The applicant should encourage the contractor to car pool into the City. AF. The property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of AM and 6 PM, Monday through Saturday only, when construction and Reso. 2010-07 46 Saddleback 7 • • mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. AG. 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 septic tank. AH. 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 stormwater drainage facilities. AI. The property owners shall 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. AJ. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance and the City and RHCA must approve all exterior lighting. AK. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Committee. AL. Until the applicant execute an Affidavit of Acceptance of all conditions of the Site Plan Review and Conditional Use Permit, and such affidavit is recorded together with this resolution, the approval shall not be effective. AM. 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. AN. All conditions of the Site Plan Review and Conditional Use approvals, that apply, shall be complied with prior to the issuance of building permits by the Building and Safety Department. AO. Any further development on the property, including but not be limited to; structural or grading may be approved with Planning Commission review and approval. AP. 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. Reso. 2010-07 46 Saddleback 8 • • PASSED, APPROVED AND ADOPTED THIS 20th DAY OF APRIL 2010. ATTEST: 01 HEIDI LUCE, DEPUTY CITY CLERK Res(); 2010-07 46 Saddleback ZDiZEN`DROY, CHAIRP, A • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2010-07 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT (CUP) FOR GRADING AND CONSTRUCTION OF A RECREATION ROOM, A SUBSTANTIAL ADDITION TO AN EXISTING RESIDENCE INCLUDING BASEMENT AND TO CONSTRUCT A NEW SWIMMING POOL IN ZONING CASE NO. 778, (LOT 10-RH), (REHRIG). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on APRIL 20, 2010 by the following roll call vote: AYES: Commissioners Henke, Pieper, Witte and Chairperson DeRov. NOES: None. ABSENT: None. ABSTAIN: Vice Chairperson Smith. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2010-07 46 Saddleback (4k/firo) DEPUTY CITY CLERK 10 • • RECEIVED SEP 15 2010 City of Rolling Hills By