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470, Construct new SFR & garage, gr, Resolutions & Approval Conditionsif If Li I(' UU roOn Fab. f 111c?93before me'D0'3 1 5 . riSi-VA a Q� r90TAIRO P L C, f1 DATE NAME, TITLE OF OFFICER - E.G., "JAN,DOE, NOTARY PUBLIC" ri personally appeared A - REO C. • MARV-04 E t1 CA R� L.- (), Alc. 04�i , 0fy NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence uto be the person(s) whose name(s) is/are u subscribed to the within instrument and ac- U knowledged to me that f/they executed 14 the same in kFifter/their authorized capacity(ies), and that by laisaftErritheir fI'DGSK.MCHAE signature(s) on the instrument the person(s), f a COMM.*977020 or the entity upon behalf of which the t, z 4CZ Notary Public — California person(s) acted, executed the instrument. tb " f, . JJ , , LOS ANGELES COUNTY s s) °'" My Comm. Expires NOV 5.1996 fitI I i Vil 14. (15 State of C,n L UP O RA I County of L©'' 93 408216 ft (4 WITNESS my hand and official seal. ,o -•ram id f4 SIGNATURE OF NOTARY . 1' -40821G APR 0 8 1993 CITY OF ROLLING. HILUS UCORDING REgggs .ii? BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 19 -if' REC rf,D IN OFFICIAL RECORDS ;ORDER'S OFFICE LC) ' ANGELES COUNTY CALIFORNIA 37 fi41f`r' J= R M. MAR 3 1993 PAST. Recorder's Use Please record this form with the Registrar -Recorder's Office and return to: City of Rolling Hills, 2 Portuguese Bend Road Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires that the form be notarized before recordation). ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss ZONING CASE NO. '/70 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: /7 S j.JrtVe (4-6- / ,/-8-.st d /2 Ste) 4//Gum h/-r/6, C4 90z74 This property is the subject of the above numbered cases. I am (We are) aware said ZONING CASE NO. of, and accept, all the stated conditions in /70 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) certify (or declare) under foregoing is true and correct. Print Owner//firer/ /"i arrone, Name Signature Address/g City/State Sorth ;e_/,/ Or the penalty of perjury that the Print r1 Owner Ca ro/ (l. /`\ acro r1er Name //�� // ` !� S i g n a t u r e a4f9/ Address/2 Sex-oVili /c/ Dr -0i'//S, Ccc City/StateRo//irJj m7/5, ecc. Signatures must be acknowledged by a notary public. .rCGCrJ�iCCCCCe" State of •County of P.6ttS'i�i's`e"pr�P.�.1".nC�r�e'I.�"•..r....�..GIJ��/►tsrA.►��i►J►s�'e� On this the day of 19___, before me, the undersigned Notary Public, personally appeared o personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that WITNESS my hand and official seal. Notary's Signature - .�?[;,�.e��ca .Gr.G^..Berl-,ace-1-�-y-•'•-••••�.,cec.-.e-..c �.c..? See Exhibit EA" attached hereto and made a part hereof executed it. • k5(4.14,x RESOLUTION NO. 92-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT A STABLE AND CORRAL, GRANTING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE SIDE YARD TO CONSTRUCT RETAINING WALLS, AND GRANTING SITE PLAN REVIEW APPROVAL FOR A PROPOSED NEW RESIDENCE IN ZONING CASE NO. 470. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. and Mrs. Alfred C. Marrone with respect to real property located at 17 Southfield Drive, Rolling Hills (a portion of Lots 10-SF, 11-A-SF, 11-B-SF, AND 12-SF) requesting: (1) A Variance to permit encroachment into the front yard to construct a stable and corral, (2) A Variance to permit encroachment into the side yard to construct retaining walls, and (3) Site Plan Review for a proposed new residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on January 21, 1992, February 18, 1992, March 17, 1992, April 28, 1992, and at field trips on February 1, 1992 and February 29, 1992. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Sections 17.32.010 through 17.32.030 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. A Variance to Sections 17.16.011.H is required because this section states that corrals or pens may not be located in the front yard. The applicant is requesting a Variance to encroach up to 24 feet into the 176 foot irregular front yard setback to construct a 750 square foot stable and a 550 square foot corral. With respect to this request, the Planning Commission finds• as follows: A. There are exceptional or extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance for the stable and corral is necessary because the topography of the site prevents the construction of a stable and corral walls in the side or rear yards.The proper and logical location for the stable and corral is above and to the southeast of the proposed building pad because of the topographical nature of the lot. The proposed building pad for the residence will be located at the northeast portion of the lot which conforms with the contours of the slope and would require less grading than the southeast front yard which consists or braccia and would be at right angles to the contours of the slope, thereby precluding the creation of a flat area for a stable and corral in the side or rear yards. The area proposed for the stable and corral is the only place available on this property. 93 408216 • • RESOLUTION NO. 92-18 PAGE 2 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 the property in question. The Variance is necessary because the General Plan encourages and the Zoning Ordinance requires the delineation of stables and corrals on properties in the City of Rolling Hills and a stable and corral could not be feasibly located in the side or rear yards. C. The granting of the Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The Variance will permit the construction of a stable and corral which will not impact the street or neighboring properties because they will be nestled into the hillside. Also, the building pad for the stable is located down a long driveway so that it will not be visible from the street. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to permit the construction of a 750 square foot stable and a 550 square foot corral, subject to the conditions specified in Section 11. Section 6. A Variance to Section 17.16.070 is requested to construct approximately 551 feet of retaining walls which are constructed in two adjacent tiers and joined at the ends that will not be more than 5 feet in height that will encroach up to a maximum of 10 feet into the side yard setback as shown on the approved Development Plan. With regard to this request. the Planning Commission makes the following findings:. A. There are exceptional or extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The sloping topography of the subject site and the proposed location of the residence necessitate construction of retaining walls within the side yard setback in order to support proposed hillside cuts and slopes. 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 the property in question. The Variance is necessary because the proposed development pattern on the lot and the topography of the site require retaining walls. Construction of such walls in the side yard setback will create a safer building pad and will also improve the appearance of the downslope portion of the building pad. C. The granting of the Variance will not be materially detrimental to the • public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. The retaining walls will help to improve the geologic stability of the slope, will conform to the contours of the hillside on the upslope, and due to the distance of the hillside slope from other adjacent residences will not be visible to surrounding properties. 83 4G82tG RESOLUTION NO. 92-18 PAGE 3 4 Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach up to a maximum of 10 feet into the side yard setback to construct approximately 551 feet of retaining walls which are constructed in two adjacent tiers and joined at the ends not to exceed 5 feet in height at any one point as indicated on the Development Plan attached hereto as Exhibit A, subject to the conditions specified in Section 11 below. Section 8. Section 17.34.010 requires a development plan to be submitted for site plan review and approval before any 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 more than twenty-five percent (25%) in any thirty-six month period. Section 9. 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 setback and lot coverage requirements. The lot has a net square foot area of 91,610 square feet. The proposed residence (5,990 sq.ft.), garage (1.175 sq.ft.). swimming pool (775 sq.ft.), future stable (750 sq.ft.), and service yard (96 sq.ft.) will have 8,786 square feet which constitutes 9.6% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 14,016 square feet which equals 15.3% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large lot with most of the proposed structures located away from the road and below a hillside bank so as to reduce the visual impact of the development. The pad is similar in size to several neighboring developments. B. The proposed development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because grading will only be done to provide approved drainage that will flow away from the proposed residence and existing neighboring residences. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the west side of this lot. S3 40,821G RESOLUTION NO. 92-18 PAGE 4 D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible and, with the conditions attached to this approval, supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the structural and total lot coverage to be exceeded. Further, the proposed project will have a buildable pad coverage of 28.3%. Significant portions of the lot will be left undeveloped so as to maintain trail access near the southeast property line and scenic vistas across the westerly portions of the property. F. The proposed development is harmonious in scale and mass with the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot coverage maximum will not be exceeded and the proposed project is consistent with the scale of the neighborhood. Grading shall be permittedonly to restore the natural slope of the property. The ratio of the proposed structure to lot coverage is similar to the ratio found on several properties in the vicinity. G. The proposed development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize the existing vehicular access, thereby having no further impact on the roadway. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 10. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 470 for a proposed residential development as indicated on the development plan incorporated herein as Exhibit a and subject to the conditions contained in Section 11. Section 11. The Variance to permit the construction of a stable and corral. that will encroach into the front yard approved in Section 5, the Variance to permit the construction of two -tiered retaining walls that will encroach into the side yard in Section 7. and the Site Plan Review: for residential development approved in Section 10 are subject to the following conditions: A. The Variances shall expire unless used within one year from the effective date of approval as defined in Section 17.32.110 of the Municipal Code. The Site Plan Review approval shall expire within one year from the effective date of approval as defined in Section 17.34.080.A. 93 408216 RESOLUTION NO. 92-18 PAGE 5 B. It is declared and made a condition of the Variances and the Site Plan Review approval, that if any conditions thereof are violated, the Variances and Site Plan Review approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. 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 except as otherwise provided in these conditions. E. All retaining walls incorporated into the project shall not be greater than 5 feet in height at any one point. F. Prior to construction, the bushes located approximately seventy-five (75) feet to one hundred (100) feet uphill from the driveway on the same side of the street shall be trimmed to assist with vehicle visibility clearance. G. The driveway access apron shall be twenty-four (24) feet wide. H. The driveway access apron shall be roughened to assist equestrian crossing. I. To minimize the visibility of buildings on the pad, the structures, driveway, graded slopes and retaining walls shall be screened and shielded from view with native drought -resistant vegetation that is compatible with the surrounding vegetation of the community. J. A landscape plan must be submitted to and approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and building permit. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible. plants that are native to the area and for cr,nistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. R3 408216 • RESOLUTION NO. 92-18 PAGE 6 K. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. L. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building or grading permit. M. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. N. The building pad coverage shall not exceed 28.3%. 0. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance, pursuant to Section 17.32.087. or the approval shall not be effective. P. All conditions of this Variance and Site Plan Review approval must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED. APPROVED AND ADOPTED THIS 9TH DAY OF MAY. 1992. ALL.4N ROBERTS. CHAIRMAN 9''3 408216 • • RESOLUTION NO. 92-18 PAGE 7 ATTEST: ti.• DIANE SAWYER. DEPUTY CITY CLERIC A_Af eAte The foregoing Resolution No. 92-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE FRONT YARD TO CONSTRUCT A STABLE AND CORRAL, GRANTING A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE SIDE YARD TO CONSTRUCT RETAINING WALLS, AND GRANTING SITE PLAN REVIEW APPROVAL FOR A PROPOSED NEW RESIDENCE IN ZONING CASE NO. 470. was approved and adopted at a regular adjourned meeting of the Planning Commission on May 9. 1992 by the following roll call vote: AYES: Commissioners Frost, Hankins, Lay, and Chairman Roberts NOES: None ABSENT: None ABSTAIN: Commissioner Raine eitt&t.„ C-/�B"it� *, fLL OOOCCC t. R.t DEPUTY CITY CLEPJ4 41 93 40821$