919, New pool & spa, Resolutions & Approval Conditionst
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Recorded/Fi ed in Offciai Records
Recorder's Offce, Los Angeles County,
California
06/16/17 AT 02:11PM
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THIS FORM IS NOT TO BE DUPLICATED
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E465200
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
�61 512017.
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*2017067(577`
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. 919 (SEE EXHIBIT A - ATTACHED)
XX SITE PLAN REVIEW XX VARIANCES
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
7 MIDDLERIDGE LANE SOUTH, ROLLING HILLS, CA 90274 (LOT 249-A-UR)
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. 919
XX SITE PLAN REVIEW XX VARIANCES
I (We) certify (or declare) under the penalty of perjury th t e re1goingis true an
\/VLC
a SignaTure
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Name typed or printed
Signature
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Address n K% AIL r : J c
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City/State U
Name typed or printed
L. ►- - So -IL Address 7 M l s j 1{ (+, tl,
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City/State
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See Exhibit A attached
Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF }
COUNTY OF Les e/lQS }
On a6 A91.1
Public, personal( appeared
r.
, before me,0tlty n f 2l4k- , a Notary
PO / 4. 49carJ4 ,
1
who proved to me onil'ie 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 my hand and official seal.
Signature:
Name of Notary:
Date Commission Expires
Commission No.
(442-()
ai sa10sv
z
z
HOPE PECK
Notary Public - California
Los Angeles County
Commission # 2152658
My Comm. Expires Jun 8. 2020t
•
MN /# J r , r
RESOLUTION NO.2017-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILTS GRANTING APPROVAL OF A SUE PLAN REVIEW AND
VARIANCE FOR A 1,000 SQUARE FOOT POOL/SPA, POOL EQUIPMENT
ENCLOSURE, AND TO LOCATE THE STRUCTURES IN THE FRONT YARD
OF THE LOT IN ZONING CASE NO. 919 AT 7 MIDDLERIDGE LANE
SOUTH, (LOT 249-A-UR), (MCCARTHY/CHENG).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. Benjamin Cheng with respect
to real property located at 7 Middleridge Lane South, (Lot 249-A-UR), Rolling Hills, CA
requesting a Site Plan Review for a 1,000 square foot pool and spa, and Variance to
locate the pool, spa and pool equipment enclosure in the front yard area, (pursuant to
City's Zoning Ordinance, no structures are permitted in front of the leading edge of the
residence). The pool equipment enclosure will be fully enclosed with the opening facing
the interior of the property.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on March 21, 2017, and April 18, 2017 at regular Planning
Commission meetings, and in the field also on March 21, 2017. 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 and the Planning Commission having reviewed, analyzed and studied
said proposal. The applicants' representative was in attendance at the public hearings.
One neighbor reviewed the plans after the March 21, 2017 meeting. The Planning
Commission reviewed the previous proposed pool equipment area which was partially
enclosed on 2 sides and faced the neighboring property. As a result of noise concerns,
the Planning Commission added a special condition that the pool equipment area must
be fully enclosed with the opening facing the interior of the property with walls no
greater than 5 feet in height.
Section 3. The property is zoned RAS-2 and the gross lot area is 3.48 acres
(excluding the roadway easement). The net lot area is 3.4 acres or 148,104 square feet.
The existing property is currently developed with a 4,095 square foot residence
(including the approved addition) with a 489 square foot garage, and a 332 square foot
stable. There is also an existing swimming pool on the property which will be partially
filled in with the remaining portion of existing pool excavation being used for the new
pool. The new proposed pool enables lap swimming.
Section 4. The project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
Reso. 2017-06
7 Middleridge Lane South 1
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Section 5. A Site Plan Review is required subject to Section 17.46.020 of the
Zoning Ordinance, in that the proposed pool/spa is larger than 800 square feet (which
could be approved administratively) and it includes pool equipment. With respect to
the Site Plan Review application for the pool/spa, and pool equipment area enclosure,
the Planning Commission makes the following findings of fact
A. The proposed development is compliant with all requirements of the
Zoning Ordinance except as approved herein a Variance, and is compatible with the
General Plan and surrounding uses because the proposed project is consistent with
goals and policies that require low profile, low -density residential development with
sufficient open space between surrounding structures. The pool/spa, and pool
equipment area enclosure will be situated to ensure they are not obtrusive to neighbors,
will be screened from view, and the pool equipment enclosure opening is located in an
area that will not create additional noise toward neighboring properties. There is a poo
and pool equipment area already in the general location of the proposed development,
and the additional square footage of the new pool is minimal. To address City staff and
Planning Commissioner's concerns, the applicant reduced the size of the pool
equipment enclosure wall from six feet to five, fully enclosed the equipment, and
oriented the opening toward the interior of the property.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because the required grading has been carefully
considered, and the orientation and the location of the structures allows them to be
incorporated into the natural slope on the lot. The construction will not adversely affect
or be materially detrimental to the adjacent uses, buildings, or structures because the
proposed improvements will be constructed on a portion of the lot which is least
intrusive to surrounding properties, will be screened and landscaped with vegetation
and is of sufficient distance from nearby residences so that the proposed project will not
impact the view or privacy of surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of homes in the surrounding RAS-2 similarly zoned
neighborhood. The proposed project entails construction of a pool/spa, and accessory
structure for the purpose of enhancing and facilitating outdoor living on the site, a
common residential amenity enjoyed by property owners throughout the City.
D. The development plan generally follows natural contours of the site to the
maximum extent practicable to accomplish groomed and usable areas of the lot, subject
to concurrent approval of Variance pursuant to Section 6 of this resolution.
E. Natural drainage courses will not be affected by the project. The project
preserves and integrates into the site design existing topographic features by placing
the new pool/spa on a previously constructed pad where little to no grading will be
required. The Pool pad will be located on a previously disturbed area and the pool
Reso. 2017-06
7 Middleridge Lane South 2
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equipment enclosure does not require grading. There is no remaining vegetation in the
location of development due to previous grading and construction.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because there is a
minimum of a five foot walkable area surrounding all structures to comply with Fire
Department requirements.
Section 6. Sections 17.38.010 through 17.38.030 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. In proposing to Iocate the pool, spa and pool equipment area enclosure in the
front yard area, a Variance is required to grant relief from the following Sections of the
Zoning Ordinance: 17.16.200.G.1. (no structures shall be located in the front yard). With
respect to the aforementioned request for a Variance, the Planning Commission finds as
follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding the requested variance from Section 17.16.200.G.1. to locate the
proposed structures in the front yard area of the lot, the property was previously
developed with a pool located in the front yard area. A new pool and accessory
structure for the equipment are being proposed to allow dimensions for lap swimming.
Some of the newly proposed pool overlaps with the existing pool in the front yard area.
The lot is shaped in a manner where the technical front yard area is actually located
behind the existing residence.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property in question by strict application of the code.
The property right which otherwise would be enjoyed is the ability to utilirp a portion
of their front yard with a pool for lap swimming which currently cannot be enjoyed
due to the existing configuration of the pool. The proposed location of the pool/spa
and corresponding pool equipment structure are the least visually intrusive to the
property and its neighbors.
.C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the property is located in that the proposed pool/spa and accessory structure
are all unobtrusive. Further, the majority of the proposed structures would not be
visible from the adjoining street or private properties and therefore are not expected to
result in any visual or privacy impacts.
Reso. 2017-06
7 Middleridge Lane South 3
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D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed pool/spa and equipment enclosure will be
orderly, attractive, and will not affect the rural character of the community. The subject
proposed structures are in the front of the property and will not impact the stable and
corral area and the proposed pool/spa will enhance the use of the existing structures
and previously approved residential addition.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The property is Iocated on an existing
residential pad where is unlikely that neighbors will be able to see the proposed
structures and the pool equipment area will be fully enclosed.
P. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and Variance in Zoning Case No. 919 for a new
pool/spa, and pool equipment area enclosure and to locate the structures in the front
yard, subject to the following conditions:
A. The Site Plan, and Variance Permit approval shall expire within two years
from the effective date of approval if construction pursuant to this approval has not
commenced within that time period, as required by Sections 17.46.080, and 17.38.070 of
the Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of those 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, other than work determined by the 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 Council determines that a violation has not
occurred or has been cured by the time of the hearing, the Council will lift the
suspension and the stop work order. If the Council determines that a violation has
Reso. 2017-06
7 Middleridge Lane South 4
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occurred and has not yet been cured, the 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 Council to accomplish the cure. If the violation is not cured by the deadline, the
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 the Permit, or shown otherwise on an approved plan.
The lot shall be developed and maintained in substantial conformance with the site plan
on file dated March 28, 2017, except as otherwise provided in these conditions. The
working drawings submitted to the Department of Building and Safety for plan check
review must conform to the development plan approved with this application. A copy
of the conditions of this Resolution shall be printed on plans approved when a building
permit is issued and a copy of such approved plans, including conditions of approval,
shall be available on the building site at all times.
The 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 including conformance with all of
the conditions set forth therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building 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.
D. The total overall lot coverage of the net lot area shall not exceed 23,095
square feet or 15.6%.
B. The total structural coverage of the net lot shall not exceed 6,632 square
feet or4.5%.
F. The disturbed area of the lot shall not exceed 26,605 square feet or 18% (of
net lot area).
G. At any time there are horses on the property, Best
Management Practices (BMPs) shall be applied for manure control, including but not be
limited to removal of the manure on a daily basis or provision of a receptacle with a
tight closing lid that is constructed of brick, stone, concrete, metal or wood lined with
metal or other sound material and that is safeguarded against access by flies. The
contents of said receptacles shall be removed once a week. It is prohibited to dispose of
Reso. 2017.06
7 Middleridge Lane South 5
manure or any animal waste into the Municipal Separate Storm Sewer System (MS4) or
into natural drainage course.
H. 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 the pool and decking.
I. The property shall be maintained free of dead trees and vegetation
j. The swimming pool shall not exceed 1,000 square feet. Per LA County
Building Code, a pool barrier and/or fencing shall be required for the pool.
K. A drainage plan, as 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.
L. The pool equipment area shall be fully enclosed by a five foot wall with
the opening to the interior of the property, facing the property residence and and shall
utilize the most quiet and technologically advanced equipment to dampen the sound.
M. During construction, conformance with the air quality management district
requirements, stormwater pollution prevention practices, county and local ordinances
and engineering practices so that people or property are not exposed to undue vehicle
trips, noise, dust, and objectionable odors shall be required.
N. During construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within the unimproved roadway
easements on the southside of Hillside Lane adjacent to project site only, and shall not
obstruct neighboring driveways. During construction, to the maximum extent feasible,
employees of the contractor shall car-pool into the City.
O. 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.
P. 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
management and comply with the City's Low Impact development Ordinance (LID), if
applicable.
Q. A minimum of 65% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
Reso. 2017-06
7 Middleridge Lane South 6
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R All graded areas shall be landscaped. In addition, the swimming pool,
spa and pool equipment area shall be screened from the neighbors and a landscaping
plan shall be submitted to the City for review and approval. If landscaping of 5,000
square foot area or greater is introduced or redeveloped, the landscaping shall be
subject to the requirements of the City's Water Efficient Landscape Ordinance. Any
plants introduced for this project shall not grow into a hedge but be offset and shall not
exceed the ridgeline of the recreation room. The landscaping plan shall utilize to the
maximum extent feasible, plants that are native to the area and are consistent with the
rural character of the community.
S. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Review Committee. Perimeter
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
RHCA.
T. 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;//www.wrh.noaa.gov/1ox/main.phv?suite=safety&page=hazard definitions#FIR
B. 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.
U. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Ordinance.
V. Prior to finaling of the project an "as graded" and an "as constructed"
plans and certifications 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/as graded" plan.
W. Until the applicants execute an Affidavit of Acceptance of all conditions of
this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
PASSED, APPROVED AND ADOYIEI) THIS 18 ; a AY . •r- • IL 2017.
Reso. 2017-06
7 Middleridge Lane South
RAD I•.‘CrIAIRIV7AN
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ATTEST:
ckcit
HEIDI LUCE, CITY CLERK
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. 2017-06
7 Middleridge Lane South 8
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2017-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND VARIANCE FOR A
1,000 SQUARE FOOT POOL/SPA, POOL EQUIPMENT ENCLOSURE, AND TO
LOCATE THE STRUCTURES IN THE FRONT YARD OF THE LOT IN ZONING CASE
NO. 919 AT 7 MIDDLERIDGE LANE SOUTH, (LOT 249-A-UR),
(MCCARTHY/CHENG).
was approved and adopted at a regular meeting of the Planning Commission on April
18, 2017, by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Kirkpatrick, Seaburn and
Chairman Chelf.
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2017-06
7 Middleridge Lane South
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TED
JUN 2 0 2017
City of Rolling Hills
By
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if 11 burs too ctsti imprinted in purple ink,
of filo Wigi§trar-RecorderICounty Clerk
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Los A LES COUNTY, CALIFORNIA