771, Addition to existing SFR, and , Resolutions & Approval Conditions(0° •
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*20091758357*
RECORDING REQUESTED BY A
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. 771
XX VARIANCES
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
12 SADDLEBACK ROAD, ROLLING HILLS, (LOT 17-1-RH) 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. 771 VARIANCES XX
I (We) ce
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Name typed
Address
City/State
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9 lare) under the penalty of perjury that the foregoing Ls true and correct.
Signature jut IN- /-J I'/ 1i �`4,'/7,6K
Name typIdr printed rlt
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Signatures must be acknowledged by a notary public.
See Attached Exhibit "A", RESOLUTION OF APPROVAL
A (I 1,1S 14)11 J , 90,01
• •
State of California )
County of Los Angeles )
On
az=. " before me,
Personally
appeared ,ACI---FP /J'l_
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ja'1 are
subscribed to the within instrument and acknowledged to me that hel-she/ they executed the same in
hislher/their authorized capacity(ies) and that by 1 is/ -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
tdr vtvrr.veeedw r,
O J SARTINI, J.
COMM. #1640609
NOTARYPUBLIC CCALIFORNIA E
Commission Expires Feb. 21, 2010
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( Seal)
LOS ANGELES COUNTY
•
RESOLUTION NO. 2009-08
•
65)CfrIV,Ir -1\
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE FROM THE
REQUIREMENT THAT A STABLE AND CORRAL BE
CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND
CORRAL BE SET ASIDE AND A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED STRUCTURAL NET LOT COVERAGE IN
ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 771, AT 12
SADDLEBACK ROAD, (LOT 17-1-RH), (MILLER). PROJECT HAS
BEEN DETERMINED TO BE EXEMPT FROM 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. An application was duly filed by Mr. and Mrs. Jeffrey Miller with
respect to real property located at 12 Saddleback Road, Rolling Hills (Lot 17-1-RH)
requesting a Variance from the requirement that a stable and corral be constructed or an
area for a future stable and corral be set aside and a variance to exceed the maximum
permitted structural coverage in order to improve their property by adding 900 square
foot addition to the existing residence, which includes a new 750 square foot garage.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a regular meeting on July 21, August 18, 2009 and at a
field trip to the property on August 18, 2009. 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 and their representatives were in attendance at the hearings.
Section 3. The property is zoned RAS-1 and consists of 0.90 acres gross (39,200"
sq. ft.) and 33,840 sq.ft. net lot area for development purposes. In 1968 the property was
subdivided into two lots. Building permits show that a 1,750 square foot residence with
garage was constructed in 1952. In 1955 a 600 square foot garage was constructed; in
1956 a 400 square foot rumpus room was added; in 1957 a 120 square foot addition was
made; in 1985 a 600 square foot covered patio was constructed; in 1987 a foyer, bedroom
and a 2 car garage were constructed as well as swimming pool and a new driveway.
None of these additions/improvements triggered the requirement for a set aside for a
stable and corral.
Section 4. The subdivision of the property in 1968 resulted in a lot that when
calculated based on current requirements is less than one acre. The subdivision and
subsequent changes to the way the City calculates NET lot area created a non-
conforming situation on the lot. The approval of the swimming pool in the rear setback
exacerbated the non -conformity. Currently the property is developed with a 5,560 square
foot residence, 600 square foot garage and 818 square foot swimming pool, pool
equipment area and service yard. Currently the structural coverage on the lot is 21.0%,
which exceeds the maximum permitted 20%. The addition would result in 23.6%
ZC NO. 771
Reso. 2009-08
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structural coverage, which requires a Variance. With the addition, the total coverage,
paved areas and structures, will exceed the 35% maximum permitted. However, the
applicants propose to remove some of the paved area and substitute with grass Crete or
other pervious decorative material, therefore reducing the total impervious lot coverage
to below the maximum allowed.
Section 5. 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 6. The Planning Commission considered the request for the Variances
and reviewed the size and shape of the lot and the size of the existing structures on the
lot. The Planning Commission, after consideration and discussion, came to the
conclusion that the size and configuration of the lot could not support the construction
of a stable and corral. By granting this Variance the City is not setting a precedent for
similar requests in the future because it makes its determination on the unique
characteristics of this property and the current circumstances. Granting the Variance so
as to relieve the property owner from the obligation to identify and set aside an area for
a stable and corral does not preclude the current or future property owners from
applying to the City for approval to construct a stable and corral at a future date if a
suitable location or construction plan is later identified.
Section 7. 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 from Section 17.16.170 is required because it states that
every lot or parcel for which an administrative or discretionary approval is required
shall have an area developed with or set aside for a combination stable and corral of a
minimum of 1,000 square feet, and access way thereto that does not exceed a slope of
25%. The applicant is requesting a Variance to not to set aside an area for a stable and
corral. With respect to this request for a Variance, the Planning Commission finds as
follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other properties or class of
use in the same vicinity and zone. The property was subdivided in 1968 in a manner that
did not leave room for a future stable and corral. Although the original house was a
1,750 square foot house, additions were allowed through the years, when there was no
requirement that an area for a stable and corral be set aside. The remaining parcel cannot
support construction of a stable and corral without it being constructed in the front yard
setback, which would require a Variance and render the property overbuilt. These
circumstances currently exist and the proposed project does not create the inability nor
contribute to these circumstances that necessitate this Variance.
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 existing residence is large, however the
ZC NO. 771
Reso. 2009-08
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allowed additions through the years took away potential area for a stable and corral. The
application for the addition triggers the requirement that an area for a stable and corral
be set aside. The proposed addition is not the cause for the inability to set aside an area
for a stable and corral on the lot because the existing lot could not accommodate a stable
and corral that would meet the Health Department's and City's requirement that a stable
and corral be located not less than 35 feet to residential structure and 25 feet to side
property line.
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. There is no suitable area on the property to construct a
stable and corral. The views and vistas from adjacent properties will be retained, as there
will be no structure placed on the slopes of subject property. The variance will permit
the owners to enjoy their property without deleterious infringement on the rights of
surrounding property owners. The area of the addition is not suitable for a stable and
corral, because if the City insisted on a set aside area for a stable, it would not meet the
distance requirement to habitable space.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that no grading is required for the addition, and by granting the
variance to not to construct or set aside an area for a stable and corral no grading will
occur in the future and the natural terrain and vistas will be preserved.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because in order to construct a stable a Variance would have to be granted
to construct the stable in the front yard and to exceed the already non -conforming
disturbance of the lot.
F. The project conforms to the requirements of the California Environmental
Quality Act and the Los Angeles County Hazardous Waste Management Plan.
Section 8. 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 from Section 17.16.070 is required because it states the
maximum permitted structural coverage shall not exceed 20% of the net lot area. The
applicant is requesting a Variance to exceed the structural net lot coverage by 3.6%. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other properties or class of
use in the same vicinity and zone. The property was subdivided in 1968 in a manner that
created a less than one -acre lot (as measured currently). With the allowed additions
through the years, the structural lot coverage currently exceeds the maximum permitted
and is 21%. Therefore, the addition will add 2.5% to the structural coverage. These
circumstances currently exist and the proposed project adds a very small amount of
structural coverage.
ZC NO. 771
Reso. 2009-08
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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 property owners have a large family
and require additional garage and living space. The current residence already exceeds
the maximum permitted structural lot coverage, and the structure is well hidden from
the street and neighbors and does not look overbuilt. The proposed addition would
blend into the existing residence and be well screened from the street and adjacent
properties. The overage is not significant and the property owner should not be denied
the privilege of an addition
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. The variance will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property
owners. The improvements to the residence will benefit the entire neighborhood. A
minor increase in the overall percentage of coverage on the lot will have no effect on the
public welfare or on property or improvements in the vicinity.
D. In granting the variance, the spirit and intent of the Zoning Ordinance will
be observed. The purpose of the Zoning Ordinance is to regulate development in an
orderly fashion and in a manner consistent with the goals and policies of the General
Plan. Approval of the variance will not impede any goals of the Zoning Ordinance or
the General Plan. Rather, the variance will allow the property owner to enjoy the same
rights and privileges afforded to other property owners in the vicinity. The overage
requested is not substantial and does not undermine the spirit or intent of the Zoning
Ordinance.
E. The variance does not grant special privileges to the applicant. Unique
circumstances applicable to the subject property make it infeasible for the property
owner to comply with Section 17.16.070. When the previous administrative approvals
were granted for the many additions, no calculations were required to show that
structures do or do not meet the structural lot coverage requirements.
F. The project conforms to the requirements of the California Environmental
Quality Act and the Los Angeles County Hazardous Waste Management Plan.
G. The variance request is consistent with the General Plan. The proposed
project, together with the variance, will be compatible with the objectives, policies,
general land uses, and programs specified in the General Plan.
Section 9. Based upon the foregoing findings, the Planning Commission hereby
approves the Variance in Zoning Case No. 771 to not to set aside an area for a future
stable and corral and to exceed the structural lot coverage by 3.6%, in order to construct a
900 square foot addition, subject to the following conditions:
A. The Variances from the requirement that stable and corral be constructed
or that an area be set -aside for a future stable and corral shall be applicable to the
current request for addition only.
ZC NO. 77]
Reso. 2009-08
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B. Granting the Variance so as to relieve the property owner from the
obligation to identify and set aside an area for a stable and corral does not preclude the
current or future property owners from applying to the City for approval to construct a
stable and corral at a future date if a suitable location or construction plan is later
identified.
C. It is dedared and made a condition of these Variances that if any conditions
thereof are violated, this approval shall be suspended and 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.
D. All requirements of the Buildings 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 this Permit, or shown otherwise on an approved plan.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated July 14, 2009 except as otherwise provided in these conditions.
F. The property owners shall comply with the requirements of the Lighting
Ordinance, pertaining to lighting on said property.
G. The property owners shall comply with the requirements of Section
17.16.190 of the Zoning Ordinance pertaining to roof covering.
H. Utility lines serving subject residence shall be placed underground.
I. Structural lot coverage shall not exceed 8,013 square feet or 23.6% in
conformance with lot coverage variance approval.
J. Total lot coverage of structures and paved areas shall not exceed 11,656
square feet or 34.4% in conformance with total lot coverage limitations. Portion of the
impervious material on the existing driveway and the driveway extension (north of the
driveway), shall be removed and replaced with an approved pervious material, (i.e.
Grass -Crete). The surface of the new driveway shall also be of a pervious material to be
approved by staff. The removal of the impervious surfaces shall be as shown on the
colored plan dated July 14, 2009.
K. No grading and no additional disturbance on the lot shall be permitted.
The disturbed area of the lot shall remain at 82%.
L. Residential building pad coverage on the 8,267 square foot residential
building pad (not in setbacks) shall not exceed 4,177 square feet or 50.5%, which do not
include portion of the porch.
M. The pool equipment area shall be enclosed.
N. If new landscaping is introduced for this project, the landscaping shall
include water efficient irrigation that incorporates low gallonage irrigation system,
ZC NO. 771
Reso. 2009-08
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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. Further, landscaping shall be designed
using mature trees and shrubs so as not to obstruct views of neighboring properties but
to screen the project. If new trees or shrubs are planned in conjunction with this project,
at maturity, they shall not be higher than the ridge height of the residence. Any
planting, at maturity, may not form a hedge like screen, but must be see through and
laced.
O. 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.
P. During construction, conformance with local ordinances and engineering
practices so that people or property are not exposed to landslides, mudflows, erosion, or
land subsidence shall be required.
Q. 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, objectionable odors, landslides, mudflows, erosion, or land subsidence
shall be required.
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. If a construction fence is erected during construction, it shall not be located
in easement or cross over trails, if any.
T. 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.
U. During construction all easements shall remain clear and free of debris,
vehicles, building materials, building equipment and all other construction objects,
except when it is necessary to park during working hours in the roadway easement.
V. 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) related to solid waste.
W. 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.
ZC NO. 771
Reso. 2009-08
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X. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition E.
Y. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any future grading or structural development on the property may
be approved only with Planning Commission review and approval.
Z. The applicant shall execute an Affidavit of Acceptance of all conditions of
this approval pursuant to Section 17.38.060, or the approval shall not be effective.
AA. All conditions of the Variances approval, that apply, must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
AB. 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.
�o
AC. A minimum of 50% of the demolition and construction material must be
recycled or diverted from landfills pursuant to the City's Construction and Demolition
Ordinance.
AC. The conditions of approval specified herein shall be printed on the plans
submitted to RHCA and to LA County Building and Safety for plan check and on all
subsequent plans.
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER 2009.
A66-d'CL- 4Z- /t-PLZ A /e/
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REN DEROYI'tHAIRWOMAN
ATTEST:
pier
HEIDI LU E, DEPUTY CITY CLERK
ZC NO. 771
Reso. 2009-08
7
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2009-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE FROM THE
REQUIREMENT THAT A STABLE AND CORRAL BE
CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND
CORRAL BE SET ASIDE AND A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED STRUCTURAL NET LOT COVERAGE IN
ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 771, AT 12
SADDLEBACK ROAD, (LOT 17-1-RH), (MILLER). PROJECT HAS
BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
September 22, 2009 by the following roll call vote:
AYES: Commissioners Pieper, Witte, Henke and Vice Chair Smith.
NOES: None.
ABSENT: Chairperson DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
ZCNO. 771
Reso. 2009-08
4P,OSit ata)
DEPUTY CITY CLERK
8