763, New Construction of a SFR. Fo, Resolutions & Approval Conditions• a
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Recorded/Fi ed n Offc a Records
Recorder's Office, Los Angeles County,
California
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12/02/09 AT 10:13AM
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THIS FORM IS NOT TO BE DUPLICATED
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FEES: 42.00
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PAID: 42.00
E521953
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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
? 12 2009
"20091819939*
4 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. 763
I (We) the undersigned state
) §§
XX SITE PLAN REVIEW
XX VARIANCE
I am (We are) the owner(s) of the real property described as follows:
2 APPALOOSA LANE, ROLLING HILLS, (LOT 106-C-RH), CA 90274
This property is the subject of the above numbered case and conditions of approval
am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 763
XX SITE PLAN REVIEW XX VARIANCE
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature
K-f\iLes.
Name typed or printed
Signature
Name typed or printed
Address 2 AITOdOI11 a LANEAddress
rto I f r r( /nl r i (S C 24- /, FrveA
City/State i ` City/State
•
Signatures must be acknowledged by a notary Public.
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2008-20
State of California )
County of Los Angeles )
On n,c o- k-a-- \ ' q before me,
p
Personally
appeared
who proved to me on the basis of satisfactory evidence to be the person whose name(,$) is/ are
subscribed to the within instrument and acknowledged to me that het -she/ t eyexecuted the same in
his/her/tier authorized capacity(iesrand that by t1is1 her /Th€r signature,(s on the instrument the
person(; or the entity upon behalf of which the persons) 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 nf5A1
�a9
ROBERT APODACA
Commission # 1795261
Notary Public - Callfornl0
Los Angeles County
My Comm Expires Ix20.2012 j
•
11F-kuisirl�
RESOLUTION NO. 2008-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVALS FOR A SITE PLAN REVIEW FOR
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN
EXISTING RESIDENCE AND A MINOR VARIANCE TO ENCROACH WITH 20
SQUARE FEET MAXIMUM INTO A SIDE YARD SETBACK IN ZONING CASE
NO. 763, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK).
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 Drs. James and Karen Black with
respect to real property located at 2 Appaloosa Lane (Lot 106-C-RH), Rolling Hills, CA
requesting a Site Plan Review and Minor Variance to permit construction of a new 8,318
square foot residence (no basement), 669 square foot garage; 1,270 square feet attached
trellises, 64 square feet entryway, 1,719 square feet covered porches to replace an
existing residence and garage, and a minor Variance to encroach with 20 square feet of
the new residence up to 4.4 feet into the side yard setback. The applicant does not
propose to modify an existing 1,500 square foot stable or the existing 1,185 square foot
pool with spa. The application is properly filed as a Minor Variance, in that it is a request
to project a portion of the structure no more than five feet into a required setback.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a regular Planning Commission meeting on October 21 and
November 18,2008 on which date the Planning Commission also conducted a field trip
on the project site and December 9, 2008. The applicants were notified of the public
hearings, including the field trip, 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 and field trip.
Section 3. The applicants propose to demolish the existing residence and
replace it with a new residence and garage. An existing on -site driveway loop will be
removed and a new motor court paved area constructed. The driveway will retain the
existing access off of Appaloosa Lane.
Section 4. As a result of a concern expressed by the Planning Commission
and a neighbor, the applicants revised their project to reduce the square footage that will
encroach into the side yard setback from 54 square feet to 20 square feet maximum, with
the maximum projection into the setback at 4.4 feet. A concern was also expressed by a
neighbor regarding egress difficulties at the intersection of her driveway with the project
driveway. The applicants addressed this concern by agreeing to widen a portion of the
driveway at this location to improve maneuverability and create a "hammerhead", which
will provide additional space for maneuvering, especially vehicles exiting from the site
and for emergency vehicles.
Reso. 2008-20
ZC NO. 763
1
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Section 5. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
categorically exempt from environmental review under the California Environmental
Quality Act.
Section 6. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review 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 at least 1,000 square feet
and has the effect of increasing the size of the building by more than twenty-five percent
(25%) in any thirty-six (36) month period. With respect to the Site Plan Review
application requesting construction of a new residence, 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 structures comply 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 lot coverage requirements. The net lot area of the lot is 179,000 square feet, (4.1
acres). The proposed residence (8,318 sq.ft.), garage (669 sq.ft.), attached trellises,
porches and other structures on the lot including an existing 1,550 square foot stable,
swimming pool and a spa total 14,911 sq. ft., which is 8.30% of the net lot (excluding the
permitted exceptions) which is well within the maximum 20% structural lot coverage
requirement. The total lot coverage including all structures, paved areas and driveway
will be 32,764 square feet, which constitutes 18.3% of the net lot which is well within the
35% maximum overall net lot coverage requirement. The proposed project is screened
from the road so as to reduce the visual impact of the development. The disturbed area of
the lot currently exceeds the maximum permitted and the lot will not be further disturbed.
The new residence will be constructed on an already graded building pad.
B. The development plan substantially preserves the natural and undeveloped
state of the lot by minimizing building coverage because the new structure will not cause
the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so
as to maintain open space on the property. With the exception of existing shrubs and trees
in the area of the building expansion, existing vegetation will remain and will screen the
house. The nature, condition, and development of adjacent uses, buildings, and structures,
the topography of the lot and neighbors' concerns have been considered and addressed,
and the construction of the new house will not adversely affect or be materially
detrimental to the adjacent uses, buildings, or structures because the proposed structure
will be constructed on the same portion of the lot as the existing residence, will retain
existing landscaping screening, is a sufficient distance from nearby residences so that the
proposed structures 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. As indicated in
Reso. 2008-20
ZC NO.763
2
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Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be
exceeded.
D. The development plan incorporates existing trees and is screened from
other properties and the road by existing mature vegetation, which will be preserved.
E. The development plan follows natural contours of the site and natural
drainage courses will be retained and not adversely impacted. No grading is proposed.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the existing
driveway access at Appaloosa Lane will remain unchanged and the portion of the private
driveway where intersecting with a neighbor's driveway will be widened, resulting in
improved line -of -sight and better maneuverability.
G. The project conforms to the requirements of the California Environmental
Quality Act as noted in Section 5.
Section 7. Sections 17.38.010 through 17.38.080 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. Section 17.16.120 requires that the side yard setback be thirty-five (35)
feet from the property line, and be unobstructed from the ground upwards. The
application is for a Minor Variance in that it proposed to encroach a minor amount, not
more than five (5) feet into a required setback with a portion of the structure. The initial
application proposed to encroach up to 4.4 feet with 54 square feet of living area into the
side yard on the southeast side of the proposed residence. At the public hearing the
applicants agreed to modify the plan and reduce the area of encroachment to a maximum
of 20 square feet while not exceeding a 4.4-foot projection. 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 property or class of use
in the same zone. The proposed residence will be located on the same building pad as the
existing structure and will not impact other existing structures, including a stable and
corral area, swimming pool and spa. The degree of encroachment has been minimized
while retaining an efficient modular form of construction and utilizing the same existing
graded building pad. The side yard setback for the remainder of the building along the
same side yard is well over the required 35-foot setback requirement and all other sides
of the building have setbacks much greater than the minimum requirement. In addition
due to the location of the existing pool and spa and other outdoor amenities, it would be
difficult to move the new residence out of the setback, without reducing the size of the
proposed residence or requiring additional grading.
Reso. 2008-20
ZC NO. 763
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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 because, due to the unusual lot configuration,
location of existing building pad and common driveway easement, it would be a hardship
to revise the location of the proposed residence to eliminate the side yard encroachment.
Grading would be required to accommodate larger pad for an alternate location of the
new residence.
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 because the proposed side yard encroachment (20 square
feet, 4.4 feet maximum into setback) is relatively small deviation from the code
requirement and the remainder of the project will observe setbacks much greater than the
minimum. The proposed encroachment will not be seen by any neighbors, would not
affect their views and therefore property value, and will be screened from the street.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed construction will be orderly, attractive and will
protect the rural character of the community.
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 and retaining an existing stable and future corral area.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review application and Minor Variance in Zoning Case
No. 763 for construction of a new residence, garage, trellises and porches including a
minor encroachment of the residence into the 35-foot side yard, as shown on the Site
Development Plan dated December 4, 2008, subject to the following conditions:
A. The Site Plan Review and Variance approvals 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(A) and
17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise
extended pursuant to the requirements of those sections.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have 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.
Reso. 2008-20
ZC NO. 763
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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 this approval, or shown otherwise on an approved plan.
D. The lot shall be developed and maintained in substantial conformance with
the revised site plan on file dated December 4, 2008.
B. 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. In addition, prior to submittal of final plans to the Building Department
for issuance of building permits, the plans for the project shall be submitted to staff for
verification that the final plans are in compliance with the plans approved by the Planning
Commission.
F. There shall be no grading to the degree that a grading permit is required.
G. Structural lot coverage shall not exceed 14,911 square feet or 8.3%,
(excluding the permitted structural allowances).
H. Total lot coverage of structures and paved areas shall not exceed 32,764
square feet or 18.3% (excluding permitted exceptions), in conformance with lot coverage
limitations.
I. 84,000 square feet or 47% of the lot was previously disturbed. No new
areas shall be disturbed.
J. Residential building pad coverage on the 60,500 square foot residential
building pad shall not exceed 12,690 square feet or 21.0% (excluding structural
allowances).
K. The height of the residence shall not exceed 21'4" as shown on the
elevation drawing dated October 20, 2008, unless lower height is required by the RHCA.
L. The amount of living area allowed to encroach into the side yard setback
shall not exceed 20 square feet and encroach a maximum distance of 4.4 feet into the
setback.
M. An existing gazebo, located in the rear setback shall be removed. The
applicant shall obtain a building permit to retain two previously constructed trellises.
N. Landscaping shall be designed using native trees and shrubs so as not to
obstruct views of neighboring properties but to screen the project. If trees are planted, the
trees at maturity shall not exceed the height of the roofline of the residence and shall be
maintained at that height at all times. Landscaping shall include water efficient irrigation
that incorporates low gallonage irrigation system, utilizes automatic controllers,
Reso. 2008-20
ZC NO. 763
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incorporates an irrigation design using "hydrozones," considers slope factors and climate
conditions, and utilizes means to reduce water waste resulting from runoff and overspray.
O. Any walls, if required, for this project shall not exceed 36 inches in height,
shall not be in setbacks and shall be screened with landscaping to maximum extend
practicable.
P. The property owners shall be required to conform to the City of Rolling
Hills and RHCA roofing material standards.
Q. The property owners shall be required to conform to the City of Rolling
Hills Outdoor Lighting Standards and Undergrounding of Utility Lines Standards.
R. A minimum of four -foot level path and/or walkway, which does not have
to be paved, shall be provided around the entire perimeter of the residence and garage.
S. The driveway to the residence at the junction of Appaloosa Lane shall be
widened and a hammerhead turn around constructed by the stable, as shown on the site
plan dated December 4, 2008. The driveway and hammerhead configuration shall be
reviewed and approved by the Los Angeles County Fire Department.
T. The property on which the project is located shall contain a set aside area
to provide an area meeting all standards for a corral with access thereto.
U. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project and/or to the property, which
would constitute additional structural development, any grading or excavation of
dirt, shall require the filing of a new application for approval by the Planning
Commission.
V 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.
W. The east side property line and the side setback line along the construction
area shall be delineated and remain delineated during the entire duration of the
construction and no construction shall take place in the setback, except as approved by
this application.
X. During and after construction trails shall remain free and clear of
encroachments including, but not be limited to, site development, fences -including
construction fences, grading, landscaping, irrigation, drainage devices, play equipment,
parked vehicles, building materials, debris and other equipment, unless otherwise
approved by the Rolling Hills Community Association.
Reso. 2008-20
ZC NO. 763
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Y. During construction, all construction vehicles and construction materials
shall be staged on the subject property and shall not block Appaloosa Lane and the
driveway portion leading to adjacent properties. No grading shall be done to
accommodate such staging on private property.
Z If a drainage plan is required by the L.A. County Building and Safety
Department, it shall first be submitted to City staff for review and approval. Any drainage
device located in the RHCA easement shall be reviewed and approved by the RHCA.
AA. No drainage device may be located in such a manner as to contribute to
erosion or in any way affect an easement, trail or adjacent properties. The energy
dissipaters shall be designed in such a manner as to not cross over any equestrian trails or
easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate
earth tone colors, including in the design of the dissipater and shall be screened from any
trail and neighbors views to the maximum extent practicable, without impairing the
function of the drainage system.
AB. During construction, conformance with the air quality management district
requirements, storm water 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.
AC. During construction, an Erosion Control Plan containing the elements set
forth in Section 7010 of the 2007 County of Los Angeles Building Code shall be
followed to minimize erosion and to protect slopes and channels to control storm water
pollution as required by the County of Los Angeles.
AD. 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.
AE. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and maintenance of a septic tank.
AF. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Health Department requirements for the installation
and post construction maintenance of storm water drainage facilities.
AG. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMPs) related to solid waste.
Reso. 2008-20
ZC NO.763
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AH. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of a
building permit.
AI. A minimum of 50% of the construction and demolition material shall be
recycled and verification submitted to the City.
AJ. The applicant shall pay all of the applicable Los Angeles County Building
and Safety and Public Works Department fees, including City's Parks and Recreation
fees and school fees for new residence.
AK. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variance approvals, as required by the Municipal
Code, the approvals shall not be effective.
AL. All conditions of the Site Plan and Variance approvals, that apply, shall be
complied with prior to the issuance of building permit from the County of Los Angeles.
AM. 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 9th DAY OF DECEMBER 2008.
ATTEST:
MARILYN KE
Reso. 2008-20
ZC NO. 763
ZILQ o(-4t,u tvs\oe
RICHARD HENKE, CHAIRMAN
, DEPUTY CITY CLERK
8
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2008-20 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN
REVIEW FOR CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE TO REPLACE AN EXISTING RESIDENCE AND .A
MINOR VARIANCE TO ENCROACH WITH 20 SQUARE FEET
MAXIMUM INTO A SIDE YARD SETBACK IN ZONING CASE NO.
763, AT 2 APPALOOSA LANE, (LOT 106-C-RH), (BLACK).
was approved and adopted at a regular meeting of the Planning Commission on
December 9, 2008 by the following roll call vote:
AYES: Commissioners DeRoy, Smith, Witte and Chairman Henke.
NOES: None.
ABSENT: Commissioner Sommer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2008-20
ZC NO. 763
DEPUTY ITY CITY CLERK
9