792, Addition to existing SFR with , Resolutions & Approval Conditions• •
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
-11•.812Q1C• - -\
._...
20101667517*
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. 792
VARIANCE XX
I (We) the undersigned state
) §§
I am (We are) the owner(s) of the real property described as follows:
12 RINGBIT ROAD EAST, ROLLING HILLS, CA 90274 (LOT 39-SF)
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. 792
XX VARIANCE
I (We) certify (or declare) under the penalty of perjury th t r oing is true and correct.
Signature Signature
►iZTTAtIJ A Rnie
Name typed or printed
A(A 6MVI4
Name typed or printed
Address l'.12-94 6:' \T 'EMT _Address
ROL"-IKit k-t\LLS C__r - � Z
City/State / City/State
Signatures must be acknowledged by a notary public.
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-22
State of California )
County of Los Angeles )
On CA-0 it 22-.1M\0 before me,
Mari C-e c \ r'Cz1 I r'skAkj\, c
Personally
appeared i*'* V---\r \ C&y\ t). Vic C c\ \/iomrc\--A \f\-eo
3
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Al are
subscribed to the within instrument and acknowledged to me that lie/ she/ they executed the same in
hip/hcr/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.
Signature of Notary \\`� "' " "'�` ' Y" "'�-�— ( Seal)
MARICELA IBARRA
COMM.# 1885490 '�A�
NOTARY PUBLIC-CALIFORNIA VI
Los ANGELES COUNTY
Mr COMM. ExP, APR, 10, 20141
RESOLUTION NO. 2010-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION
OF AN ADDITION, WHICH WOULD ENCROACH INTO THE FRONT YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 792, AT 12 RINGBIT ROAD EAST, (LOT 39-SF), (BEHERA).
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. Kirt Behera with respect to real
property located at 12 Ringbit • Road East, Rolling Hills (Lot 39-SF) requesting a
Variance to construct a 524 square foot addition, 124 square feet of which would
encroach 13.5 feet into the front yard setback. A 378 square foot basement is also
proposed. A portion of the existing residence and the entire existing garage encroach
into the front yard setback.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at their regular meetings on August 17, and September 21,
2010 and at field trips on September 14, 2010. 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
applicant's representative was in attendance at the hearings.
Section 3. The property is zoned RA-S-1 and contains 1.46 acres gross (63,720
square feet). The net lot area for development purposes is 53,170 square feet. With the
proposed 524 square foot addition the property will be developed with a 3,453 square
foot residence, 378 square foot basement, 450 square foot garage, 1,502 square foot deck
and 186 square foot service yard. A building pad of 2,260 square feet, with adequate
access, is set aside for a future stable / corral in the rear of the property.
Section 4. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 5. 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 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 17.16.060 is required because it
states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet
from the roadway easement. The applicant is requesting a Variance to construct an
addition of which 124 square feet would encroach up to 13.5 feet into the front setback.
A portion of the existing residence and the entire garage are currently located in the
Reso. 2010-22
12 Ringbit East
1
front setback. 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 this property that do not apply generally to other properties or class of
uses in the same zone because the configuration of the existing structure, which
encroaches into the front setback, prevent further expansion, except into the setback. In
addition the proposed encroachment would be an infill under existing eaves between
the existing house and garage. The Commission further finds that the configuration of
the existing lot creates a hardship to improving the property, because the buildable area
of the lot is in the front.
B. The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and zone,
but which is denied to the property in question. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same zone. The encroachment permits the use of the
lot to the extent allowed for other properties with similar lot configurations. Most
properties along Ringbit Road were developed at a time when the requirement for the
front setback was thirty feet from the roadway easement ands not fifty feet, as currently
required. Therefore, most properties encroach into the front setback. The Variance will
permit the development of the property in a manner consistent with surrounding
properties and the encroachment will be behind the line of the current encroachment of
the garage.
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. Development in the front setback would allow the
remaining portion of the lot to remain undeveloped, would minimize grading and
would follow, and be behind, the existing line of encroachment. The area of addition is
screened from adjacent property owners and would not impair views. The structural lot
coverage and the total impervious lot coverage are within the requirements of the City.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed addition will be orderly, attractive and shall
protect the rural character of the community. The proposed addition will not encroach
into potentially future equestrian uses on the property. A suitable stable and corral area
exists on the site. The Planning Commission found that alternative design would
require substantial grading, which would greatly alter the natural landform of the
property. The Planning Commission found that these actions constitute a hardship
beyond the property owner's control.
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 structural lot coverage and the total
impervious lot coverage are within the requirements of the City.
Reso. 2010-22
12 Ringbit East
2
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance in Zoning Case No. 792 to encroach up to 13.5 feet into
the front setback with a 124 square foot addition, subject to the following conditions:
A. The Variance approval shall expire within two years from the effective
date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to
the requirements of this section.
B. It is declared and made a condition of the Variance that if any conditions
thereof are violated, this approval shall be suspendedand the privileges granted
thereunder shall lapse; provided that the applicant has 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 Buildings and Construction Ordinance, the
Zoning Ordinance, including, but not be limited to undergrounding of utility
requirements, roof construction requirements and lighting requirements, and of the
zone in which the subject property is located must be complied with unless otherwise
set forth in this 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 JULY 20, 2010 except as otherwise provided in these
conditions.
E. The property on which the project is located contains an adequate set
aside area for a future stable and corral, and shall remain on site.
F. Utility lines serving subject residence shall be placed underground.
G. The driveway and the motor court to the property shall remain and may
not be enlarged, unless the pervious surface is constructed.
H. Structural lot coverage shall not exceed 6,041 square feet, which includes
the raised deck, or 11.3% in conformance with lot coverage limitations.
I. Total lot coverage of structures and paved areas shall not exceed 7,795
square feet or 14.6% in conformance with total lot coverage limitations.
J. The disturbed area of the lot shall not exceed 13,880 square feet or 26.1%
in conformance with disturbed area limitations.
K. Residential building pad coverage on the 6,420 square foot residential
building pad shall not exceed 5,591 square feet or 87.0%, including the raised deck;
coverage on the 2,260 square foot existing stable pad shall not exceed 19.9%, when and
if a 450 square foot stable is constructed in the future.
L. There shall be no grading for this project. Export of dirt from the
basement is permitted.
Reso. 2010-22
12 Ringbit East
3
M. Drainage system, if required, shall be designed in such a manner, as not
to cross over any equestrian trails and water from the drainage system shall not be
discharged onto a trail or adjacent properties. The system shall incorporate earth tone
colors, including in the design of the dissipater and shall be adequate in size to
discharge in a sheet flow manner and be screened from any trail and neighbors' views
to the maximum extent practicable, without impairing the function of the drainage
system.
N. Perimeter easements and trails, including roadway easements shall
remain free and clear of any improvements including, but not be limited to, fences -
including construction fences, landscaping, irrigation and drainage devices, play
equipment, parked vehicles, building materials, debris and equipment, unless
approved by Rolling Hills Community Association.
O. Should new landscaping be introduced for this project or existing
landscaping improved having 5,000 square feet or more, such landscaping shall
comply with the City's Water Efficient Landscaping Ordinance requirements and
shall be designed by a licensed designer and submitted to staff for review.
P. Further, any landscaping introduced on this property shall be designed
using mature trees and shrubs so as to screen the residence but not to obstruct views
of neighboring properties. Any new trees and shrubs planned to be introduced in
conjunction with this project shall, at maturity, not be higher than the ridge height of
the residence, may not grow into a hedge like screen and shall comply with the Fire
Department requirements for clearance of brush in proximity to structures.
Q. During construction, conformance with the 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, objectionable
odors, landslides, mudflows, erosion, or land subsidence.
R. 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.
S. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
T. The property owners shall be required to conform with the Regional
Water Quality Control Board and Public Works Department Best Management
Practices (BMP's) related to solid waste.
U. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water in an approved manner.
Reso. 2010-22
12 Ringbit East
4
•
•
V. This project shall comply with the City's Construction and Demolition
Ordinance, where a minimum of 50% of the debris must be recycled and
documentation provided to the CIty
W. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Variance pursuant to Section 17.38.060, or the approval shall not be effective.
X. All conditions of this Variance approval, that apply, must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
Y. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF SEPTEMBER 2010.
r
JUZL V. SMITH, CHAIRPERSON
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2010-22
12 Ringbit East
5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2010-22 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION
OF AN ADDITION, WHICH WOULD ENCROACH INTO THE FRONT YARD
SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 792, AT 12 RINGBIT ROAD EAST, (LOT 39-SF), (BEHERA).
was approved and adopted at a regular meeting of the Planning Commission on
September 21, 2010 by the following roll call vote:
AYES: Commissioners Chelf, Henke, Pieper and Chairperson Smith.
NOES: None.
ABSENT: Commissioner DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
Reso. 2010-22
12 Ringbit East
6
•
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DEC 1 ' 2010
City of Rolling Hills
By