900, Construct pool in rear yard se, Resolutions & Approval Conditions• •
RECORDING REQUESTED BY ANC
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
*20161371573*
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 900
XX VARIANCE (SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
am (We are) the owner(s) of the real property described as follows:
71 CREST ROAD EAST, (LOT 69E-1 MS) ROLLING HILLS, 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 case:
ZONING CASE NO. 900
XX VARIANCE
I (We) certify (or declar- under the penalty of perjury that in is true d .
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Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF % o'✓�'Lt 0 }
COUNTY OF/1. p S 0,.P, J} /
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Public, personally appea
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who proved to me on the basis of satisfactory evidence to be the person(a). whose name)
ii7are subscribed to the within instrument and acknowledged to me that he/she/the}
executed the same in his/her/authorized capacity(, and that by his/her/Ikea
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signatures on the instrument the person), 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 my hand and official seal.
Signature:
Name of Notary:
Date Commission Expires //74/ 02.0ri
Commission No. .20 r l 9 9
�.`
KRISTAN ORR
Commission # 2017993
Notary Public - California
z
Los Angeles County
My Comm. Expires Apr 6, 2017
�XI-1I6Ir A
RESOLUTION NO. 2016-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO
CONSTRUCT A SWIMMING POOL AND ATTACHED TRELLIS
WHICH WOULD ENCROACH INTO THE REAR YARD SETBACK AND
TO EXCEED THE MAXIMUM PERMITTED TOTAL COVERAGE OF
THE LOT IN ZONING CASE NO. 900 AT 71 CREST ROAD EAST, (LOT
69 E-1 MS), ROLLING HILLS, CA (BRAZY & LUCHINI).
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. Brazy and Ms. Luchini
request a variance to locate a 375 square foot pool with infinity edge walls and a 288
square foot attached trellis entirely in the rear yard setback and to exceed total lot
coverage on the lot (maximum permitted is 35%).
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on April 19, 2016 field trip and an evening meeting on the
same day. 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 public hearings.
During the April 19, 2016 field visit concerns were expressed by neighbors regarding
construction vehicles parking in the common driveway leading to Crest Road East,
landscaping to buffer the pool from the property at 73 Crest Rd. East and stability of the
slope for the construction of a pool. Those concerns are addressed through the
conditions of approval.
Additional concern regarding a possible clogged drain outlet on 71 Crest Rd. E, which
results in water overflowing onto 73 Crest Road driveway was also brought up. The
conditions of approval contains a condition addressing this concern.
Section 3. The property is zoned RAS-2 and the gross lot area is 2.37 acres.
The net lot area is 1.54 acres or 67,431 square feet. The lot is irregular in shape at it starts
450 feet south of Crest Road East at a very narrow point that then flares out into a
triangle. The property line then bends to the east where the building pad is located. The
property is constrained by two easements. There is a 25-foot wide RHCA easement
along the entire western property line of the lot and a 30-foot wide driveway easement
for access to 73 Crest Road East that runs through the lot. A separate driveway leads to
the residence for 71 Crest Road East.
Reso. 2016-14
71 Crest Road East 1
• •
In February 2015 a 999 square foot addition and trellis was administratively
approved. With the 999 square foot addition, the property will be developed with a
3,109 square foot residence, 420 square foot garage, attached to the main house by a 70
square foot breezeway, 375 square foot swimming pool, 20 square foot pool equipment
area, 517 square feet of attached trellises, 458 square feet detached trellis and other
miscellaneous structures. A set aside area for a futures stable and corral has been
provided on site.
Section 4. The project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. In proposing to encroach with 375 square feet infinity pool and 288 square foot
trellis Variances are required to grant relief from the following Sections of the Zoning
Ordinance: 17.12.190 (setback definitions requiring that setbacks be free of structures)
and 17.16.070 (maximum allowed lot coverage) in which case the proposed total lot
coverage would exceed the allowed amounts with an increases from 34.8% to 35.7%
where 35% maximum is allowed. With respect to the aforementioned requests for
Variances, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Regarding requested variance from Zoning Ordinance Section 17.16.150 relating
to the encroachment of the structures in the rear yard setback, the lot configuration is
such that the residence was constructed very close to the rear setback line and it is
creating a constraint on where outdoor livable area adjacent to the residence can be
located. The proposed structures common to residences in Rolling Hills are a pool and
trellis, and this approval permits the applicants to enjoy the same amenities.
Regarding the requested variance from Section 17.16.070 for total lot coverage as
the project does not meet the total lot coverage requirement of 35% and is proposed at
35.7%, with allowable deduction. The proposed structures, including the future stable
and corral minimally increase the lot coverage. The lot coverage exceedance is due to
the fact that the lot is constrained due to being irregular in shape. The property line
starts 450 feet south of Crest Road East at a very narrow point that then flares out into
a triangle. The property line then bends to the east where the building pad is located.
The property is constrained by two easements. Within the triangular portion of the lot,
there is a 25-foot wide RHCA easement along the entire western property line of the lot
and a 30-foot wide driveway easement for access to the property below, 73 Crest Road
Reso. 2016-14
71 Crest Road East 2
• •
East that runs through the subject lot. A separate driveway leads to the residence for 71
Crest Road East. A 10-12 foot wide portion of the 30-foot roadway easement is
impervious and the driveway to the residence on subject site is also impervious,
adding to the total lot coverage.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property owners in the same vicinity and
zone but which is denied to the property in question by strict application of the code.
The property right which otherwise would be enjoyed is the ability to utilize a portion
of their rear yard for a pool/spa and trellis to accommodate outdoor recreational use,
which cannot be placed elsewhere on the lot. The proposed location of the project is the
least visually intrusive to the property and its neighbors and will take advantage of the
view.
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 in that the degree of deviation from the allowed
amount and encroachment is relatively minor. Further, the proposed improvements
would not be visible from the adjoining street or private properties and therefore are
not expected to result in any visual or privacy impacts. The pool area will be screened
from the residence below with vegetation and trees.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed pool and trellis construction will be orderly,
attractive, and will not affect the rural character of the community. The subject
proposed structures are in the rear of the property and will not impact the proposed
future stable and corral area and will not impact the use of the existing structures.
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 property is located above the adjacent
property to rear and below the property to the front and due to the large size of the
properties and sloped conditions there is large open space between any structures on
subject property and the adjacent properties.
F. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variances in Zoning Case No. 900 for new 375 square foot
infinity swimming pool and 288 square foot trellis, both located in the rear yard
setback and exceedance of the total lot coverage subject to the following conditions:
Reso. 2016-14
71 Crest Road East 3
A. The Variances approval 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 Section 17.38.070 of the Rolling Hills Municipal
Code, or the approval granted is otherwise extended pursuant to the requirements of
this section.
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 thereunder shall lapse; provided that the City has given the applicants
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 Building and Construction Ordinance, the
Zoning Ordinance, LA County Building Code 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.
The lot shall be developed and maintained in substantial conformance with the site
plan on file dated March 28, 2016, and a concept landscaping plan, with condition to
retain certain vegetation, and dated May 10, 2016 except as otherwise provided in
these conditions.
The working drawings submitted to the Department of Building and Safety for plan
check review must conform to the development plan approved with this application.
A copy of the conditions of this Resolution shall be printed on plans approved when
a building permit is issued and a copy of such approved plans, including conditions
of approval, shall be available on the building site at all times.
D. Prior to obtaining a building permit a detailed landscaping plan shall
be submitted to the Planning Department. The slope between the proposed pool and
the pool equipment area and the property below shall be landscaped at all times to
provide privacy buffer between the properties. To maximum extent practicable, the
existing trees and shrubs shall remain, or be replaced.
Should it be necessary to remove some vegetation for construction purposes, they
shall be replaced, including trees, with similar vegetation, which at planting time the
shrubs shall be a minimum of 15 gallon in size or larger, and all ground cover or
small bushes shall be no smaller than 5 gallon in size or equivalent. If trees are to be
replaced or new trees planted, they shall be of the size of not less than in 24" box.
Reso..2016-14
71 Crest Road East
• •
If landscaping of 5,000 square foot area or greater is introduced or
redeveloped, the landscaping shall be subject to the requirements of the City's Water
Efficient Landscape Ordinance. Any plants introduced for this project shall not grow
into a hedge but be offset. The landscaping plan shall utilize to the maximum extent
feasible, plants that are native to the area and are consistent with the rural character
of the community.
E. A drainage plan shall be prepared and submitted to the City's
Building Department for review and approval, and the project shall comply with their
requirements including correcting, if necessary, the existing drainage system to
prevent flooding of the driveway leading to 73 Crest Rd. E. property. The applicants,
at all times, shall maintain the drainage devices in good working condition and free of
debris and vegetation.
F. A licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans
conform in all respects to this Resolution approving this project and including
conformance with all of the conditions set forth therein and the City's Building Code
and Zoning Ordinance.
Further, the person obtaining a building permit for this project shall execute a
Certificate of Construction stating that the project will be constructed according to this
Resolution and any plans approved therewith.
G. Grading for this project shall not exceed 70 cubic yards of excavation from
the swimming pool and may be exported.
H. Structural lot coverage shall not exceed 5,685 square feet, or 7.5% (with
allowable deductions). Total lot coverage shall not exceed 35.7% or 24,040 square feet,
as approved by this Variance. Building Pad coverage on the 13,924 square foot
residential pad shall not exceed 29.4%.
I. The disturbed area of the lot shall not exceed 69% (of net lot area), which
includes the future stable and corral area, and is existing. No further disturbance is
proposed.
J. The future set -aside area for the stable and corral area of minimum of
1,000 square feet, shall be retained on the property at all times.
K. A minimum of four -foot level path and/ or walkway, which does not
have to be paved, shall be provided around the perimeter of the project.
Reso. 2016-14
71 Crest Road East 5
• •
L. The pool equipment area shall be enclosed and screened with
landscaping. Per LA County Building Code, pool barrier/fencing shall be required for
the pool.
M. Construction fence may be required along the rear of the constrution site
to contain debris and noise away from the downhill poreprty.
N. 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, and objectionable odors shall be required.
O. During and after construction, all parking shall take place on the project
site and there shall be no parking on the common driveway. During construction, to
maximum extend feasible, employees of the contractor shall car-pool into the City.
Prior to construction, photographs of the common driveway leading to 71 and
OC 73 Crest Road East (before it separates into each proeprty) shall be submitted to the
Planning Department. Following construction, the common driveway, if damaged,
shall be restored, at a minimum to its pre -construction condition.
P. 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.
Q. 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) requirements related to solid waste, drainage and storm water
management.
R. A minimum of 50% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
S. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA) Architectural Review Committee prior to the
issuance of building permit. Perimeter easements and trails, if any, shall remain free
and clear of any improvements including, but not be limited to fences -including
construction fences, any hardscape, driveways, landscaping, irrigation and drainage
devices, except as otherwise approved by the RHCA.
T. The contractor shall not use tools that could produce a spark, including
for clearing and grubbing, during red flag warning conditions. Weather conditions
Reso. 2016-14
71 Crest Road East 6
• •
can be found at:
http://www.wrh.noaa.gov/Iox/main.vhv?suite=safety&vage=hazard_definitions#FIRE. It is the
sole responsibility of the property owner and/or his/her contractor to monitor the red
flag warning conditions. Should a red flag warning be declared and if work is to be
conducted on the property, the contractor shall have readily available fire
distinguisher.
U. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Ordinance.
V. Prior to finaling of the project an "as graded" and an "as constructed"
plans and certifications shall be provided to the Planning Department and the
Building Department to ascertain that the completed project is in compliance with the
approved plans. In addition, any modifications made to the project during
construction, shall be depicted on the "as built/as graded" plan.
W. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2016.
F, CHMAN
HEIDI LUCE, CITY CLERK
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.
Reso. 2016-14
71 Crest Road East 7
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2016-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO CONSTRUCT
A SWIMMING POOL AND ATTACHED TRELLIS WHICH WOULD
ENCROACH INTO THE REAR YARD SETBACK AND TO EXCEED THE
MAXIMUM PERM! i i to TOTAL COVERAGE OF THE LOT IN ZONING CASE
NO. 900 AT 71 CREST ROAD EAST, (LOT 69 E-1 MS), ROLLING HILLS, CA
(BRAZY & LUCHINI).
was approved and adopted at a regular meeting of the Planning Commission on
May 17, 2016 by the following roll call vote:
AYES: Commissioners Cardenas and Smith.
NOES: Vice Chairman Gray.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: Chairman Chef (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices. •
oihulku)
CITY CLERK
Reso. 2016-14
71 Crest Road East 8
CERTIFICATION TO OBTAIN BUILDING PERMIT
(PROJECTS APPROVED BY RESOLUTION)
! f o M*S t... M.00rk -et- , in consideration of being issued a
grading/building permit for the project located at 71 CREST 120AD EAST ,
certify, warrant and represent on behalf of myself and all of my contractors and subcontractors, that
I will construct the project in full compliance with Resolution No4Q16 - /and all the conditions
set forth therein, and the City's Building Code and zoning ordinance and in full conformance with J
the approved, stamped plans dated u d C 1'4, 2D 1
I (We) declare under penalty of perjury that the foregoing is true and correct and that the
information accompanying this application is true to the best of my (our) knowledge and belie£
NOTE: If this certification is signed outside of California, it must be acknowledged before a Notary
Public of the State where the signature is faxed, or before another officer of that State authorized by
its laws to take acknowledgements. Attach appropriate acknowledgment here.
Executed at Zo $ A E�.S
, California, this 8 day of 3C•E.r de/2-
By:
By: w1ot4A-S C. NLC J 1 A4za
1�EL** Lo✓ +t E 7 /,cx.,
Company Name
,2,2 75 W Sc 0' OT ' `!!3
Address
SA Ai P&4 0 R CA . /0132--
City 01 gQ5-b573 •
Phone & E-mail
•
PROFESSIONAL CERTIFICATION
(PrvjectsApprow d by Resolution)
I, 1 C..-1. it I•1 , certify, warrant and represent that the
plans I and which are submitted
concurrently herewith for 'At'•")'1.-', t7P k2'
and on which I have affixed my stamp . „, _ in all material respects to Resolution No.
' .014 " i 4'approving this project and all of the .conditions set forth therein and the City's
Building Code and zoning ordinance I understand and acknowledge that failure of City officials,
employees and agents to identify discrepancies, inaccuracies or errors in the plans does not
exculpate me from responsibility for submitting plans that comply materiIlIly with the Resolution,
Building Code or zoning ordinance. I feather understand and acknowledge that I may be subject to
administrative proceedings, penalties and/or fines should the , 34 plans be inconsistent with
Resolution Na.'2CI I LI- 1 ;the Building Code or zoning ordinance.
I (We) declare under penalty of perjury that the f....6 .g is true and con ct and that the
information accompanying this application is true to the best of my (our) knowledge and belief
NOTE: ,+ f this certification it signed outside of Calffornia, u must be acibsowledged before a Notary
Public of the State where the signature is fug or before another dicer of that State authorized by
its laws to take acbwwledgementa. Attach . ,..t„ Late acknowlet gmerrt here.
Executed at ' , California, this_!n_ day of _r� - `,%j
B
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Name
2.4 el 5 (.- 44k/51".. . P6E.
Address
L Y
City
Phone & E-mail •