723, Addition of 12 sq ft is infill, Resolutions & Approval Conditions• •
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MAY 2 2 2007
CITY OF ROLLING HILLS
By
TITLE(S) :
•
Recorded/Filed in Official Re :girds
Recorder's Office. Los Angeles (o inty
C.aifornia
03123/07 AT 12:29PM
0000370824
LEAD S- E E T
200703230060088
Pages:20070668993
11111 ff 11 1',P� 1 .`Jt I I► ii ' 111 1 ` f.
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'Ives $0 00
other. $0.00
Paici............. $30.00
Mail
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown
E050434
THIS FORM IS NOT TO BE DUPLICATED
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RECORDING REQUESTED BY AND
MAIL TO
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
1i I:
it
03/23/07
111
II
20070663993
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
ZONING CASE NO. 723
SITE PLAN REVIEW X X
VARIANCE X X
LOT LINE ADJUSTMENT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
11 CHUCKWAGON ROAD, ROLLING HILLS, (LOT 4-CRB) CA 90274
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 723 SITE PLAN REVIEW
VARIANCE
LOT LINE ADJUSTMENT
XX
XX
(t e) certify (or declare) under the penalty of perjury that the for • • g is true and co
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Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On �%��.�1 36'`. t'f% before me, ALA Pi , liCt'Lk j 1CIA r
L.c I I ccv. 17ei>M ct.n t-
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personally appeared
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) i$Qare
subscribed to the within instrument and acknowledged to me that h/spe/they executed the same in hjr/their authorized
capacity(ies) and that by hiVIy r/their signature(s) on the instrumentt The person(s), or the entity upon behalf of which the
pernts)Acttdexgcuutelthe instrumment.
�,.,. GEORGE MAZI.OUMIAN 1 Wit1ess by hand and official seal.
+ Commission # 1588298
kW" Public - California
Los Angeles County Signaturegdotary
_, My Comm. Expires Jun 18,2009f
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
• •
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. 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 17.16.120 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 12 square feet of
addition to the existing residence, which would encroach up to fifteen feet into
the 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, and which extends
from side yard setback to side yard setback, prevent further expansion, except
for the small addition proposed in, the rear. In addition the proposed
encroachment of 12 square feet would be an infill under existing eaves between
the existing house and garage.
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 Chuckwagon 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 similar to development patterns on
surrounding properties and will square off and fill in already existing
encroachment.
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 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.
r.
ZC No. 723
Delman
2
07 0668993
/fisfr
RESOLUTION NO. 2006-06.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A
VARIANCE TO ENCROACH WITH A PORTION OF AN
ADDITION INTO THE FRONT SETBACK AND DUE TO EXISTING
STRUCTURAL DEVELOPMENT RESTRICTION ON SUBJECT
PROPERTY THIS PROJECT REQUIRES PLANNING COMMISSION
REVIEW, AT AN EXISTING SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 723, AT 11 CHUCKWAGON ROAD (LOT 4-
CRB), (DELMAN).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Dr. and Mrs. • Allan Delman
with respect to real property located at 11 Chuckwagon Road, Rolling Hills (Lot
4-CRB) requesting a Variance to construct a 666 square foot addition, twelve
square feet of which would encroach into the front setback and a Site Plan
Review due existing structural development restriction, which requires Planning
Commission review of all development on the lot. When completed, the
residence will be 3,626 square feet with a 462 square foot garage.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application at their regular meetings on February 21,
2006, March 21, 2006 and at a field trip on March 21, 2006. 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 hearings.
Section 3. In October 2001, the Planning Commission approved a 612
square foot detached recreation room and a sports court on the property. The
recreation room was not constructed. However, a 192 square foot pre -fabricated
storage shed was installed in the approximate location of the approved
recreation room without the benefit of building permits. As part of this approval
a building permit would be required for the storage shed.
Section 4. The October 2001 approval contains a restrictive
development condition, requiring that the Planning Commission review any
future development on the lot, regardless if such construction would ordinarily
require a Site Plan review by the Planning Commission. The proposed addition
of 666 square feet would not trigger a Site Plan Review application. In this case,
however, the development necessitates a Variance, which automatically requires
Planning Commission review, and therefore a Site Plan Review application is not
necessary in order to assure Planning Commission review of the proposed
development.
ZC No. 723
Delman
1
V.
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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 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 has been set -aside on the site.
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.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance in Zoning Case No. 723 to encroach
12 square feet into the front setback with an 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 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.
C. 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 the 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 marked Exhibit A and dated February 14,
2006 except as otherwise provided in these conditions.
E. The property on which the project is locatedcontains an adequate
area for a future stable and corral.
F. The property owners shall comply with the requirements of the
Lighting Ordinance of the City of Rolling Hills, 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.
ZC No.
fPm n7230' 0668993 3
I. Prior to issuance of a final inspection for this project, the applicant
shall be required to submit the necessary plans and documentation to the Los
Angeles County Building and Safety Division for their review of the pre-
fabricated storage shed structure and obtain building permits for the storage
shed located in the vicinity of the sports court.
J. Structural lot coverage shall not exceed 8,947 square feet or 19.2%
in conformance with lot coverage limitations.
K. Total lot coverage of structures and paved areas shall not exceed
11,375 square feet or 24.4% in conformance with total lot coverage limitations.
L. The disturbed area of the lot shall not exceed 16,086 square feet or
34.5% in conformance with disturbed area limitations.
M. Residential building pad coverage on the 9,220 square foot
residential building pad shall not exceed 4,634 square feet or 50.3%, not including
the 631 square foot attached trellis; coverage on the 3,522 square foot existing
sports court building pad shall not exceed 75.3%; coverage on the 1,560 square
footfuture stable pad shall not exceed 66.02%, which includes the existing arbor.
N. There shall be no grading for this project.
O. Should the County Building and Safety Department require an
above ground drainage system, the system 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.
P. The existing topography, flora and natural features of the lot shall
be retained to the greatest extent feasible.
Q. Notwithstanding Sections 17.46.020 and 17.46.070 ,of the Rolling
Hills Municipal Code, any modification to the property, which would
constitute additional grading or structural development, shall require the
filing of a new application for approval by the Planning Commission.
R. Should new landscaping be introduced for this project, the
landscaping shall include water efficient irrigation that incorporates 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. Further, landscaping shall be designed using mature trees
and shrubs so as to screen the residence but not to obstruct views of neighboring
ZC No. 723
Delman
0668093
4
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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.
S. 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.
T. 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.
U. 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.
V. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
W. 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.
X. 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.
Y. During and after ,construction, allsoil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct.
surface water in an approved manner.
Z. The working drawings submitted to the County pepartment of
Building and Safety for plan check review shall conform to the development plan
described in Condition D.
AA. 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.
AB. 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.
07 0668993
ZC No. 723
Delman
i
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF APRIL 2006.
1LOREIV'DER3Y, CHAIRWOMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
ZC No. 723
Delman
07 0668093
6
9
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certifythat the foregoing Resolution No. 2006-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO
ENCROACH WITH A PORTION OF AN ADDITION INTO THE FRONT
SETBACK AND DUE TO EXISTING STRUCTURAL DEVELOPMENT
RESTRICTION ON SUBJECT PROPERTY THIS PROJECT REQUIRES
PLANNING COMMISSION REVIEW, AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 723, AT 11 CHUCKWAGON ROAD (LOT
4-CRB), (DELMAN).
was approved and adopted at a regular meeting of the Planning Commission on
April 18, 2006 by the following roll call vote:
AYES: Commissioners Hankins, Henke, Sommer, Witte and Chairwoman
DeRoy.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and incompliance with the laws of California was posted at the following:
Administrative Offices.
YY N fi n A . ! (
DEPUTY CITY CLERK
ZC No. 723
Delman
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