533, Grading required prior to cons, Resolutions & Approval ConditionsZIP CODE
NAME
r RECORDING REQUEST BY • D • • 11 V D `� 1320620
OCT 1 6 1997
_ _ RECORDED/FILED IN•OFFICIAL RECORDS
'IY ROLLING ,ILLS RECORDER'S OFFICE
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WHEN RECORD€D.MAIL TO
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ADDRESS
CITY, STATE Ro/X ly�L bL/ ZX f C,�t,
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CI _ LOS ANGELES COUNTY
2 Peen 'Y, E F iD k By CALIFORNIA
1:01 PM. AUG 25 1997
O/AD
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
TITLE(S)
CCE/ I/O T l��Uli
FEE S10
OAF $2
C-20 2
R428 8/94
RECORDING REQUESTED BY AND RIALTO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
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).
AFFIDAVIT OF ACCEPTANCE FORM
STA1E OF CALIFORNIA
COMM OF LOS ANGELES
CITY OF ROLLING HILLS
) 44
ZONING CASE NO. 55.2
SITE PLAN REVIEW ■
VARIANCE ■
CONDITIONAL USE PERMIT Q
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
7 Maverick Lane (Lot 28-A-SKI
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 552
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Print Print
&- Owner B itI A1i(.� (O (L O LD Owner
Name
Signature
Name
Signature
Address "7 rii4i'F (C[1 i LA-1\16
Address
kOLL(dGr 90Z
«ILLS Ct� 7 it /state
City/State � Y
Signatures must be acknowledged by a notary Dublig,
a
a
State of California )
County of Los Angeles )
On/ th, 2 3, /997before me, //OrJC.,G,--s //VS/74 / er, ,eci �eir3� e
personally appeared a E 12 / JA 02 r7 /-/ ci e V %7
[] Personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
DOUGLAS K. MC
CC ium n 11136001
Way Ate —Um MOSS Courty
MyComm. E sFob2.=1
by
h d and official seal.
Signature of Notary
97 1320620
See Exhibit "A" attached hereto
and made a part hereof
)f%i�i7"
• •
RESOLUTION NO. 97-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO RECOGNIZE
THE PREVIOUSLY ILLEGALLY IMPORTED AND SUBSTANTIAL
AMOUNT OF SOIL FOR A STABLE AND CORRAL AREA AND
GRANTING A REQUEST FOR A MODIFICATION TO A N
APPROVED SITE PLAN REVIEW APPLICATION TO ALLOW THE
INCREASED GRADING QUAN i i i it5 TO REMAIN AT THE SITE
FOR THE CONSTRUCTION OF A NEW STABLE AND CORRAL
AREA AT A SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN
ZONING CASE NO. 553.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1, Applications were duly filed on February 6, 1997, by Mr. Bernard
Howroyd with respect to real property located at 7 Maverick Lane, Rolling Hills (Lot
28-SK) requesting a Variance to allow the previously illegally and imported
substantial amount of soil that is in excess of a previous Administrative approval
and a request for a modification of an approved Site Plan Review application for a
stable and corral area to allow unauthorized increased grading quantities on the site.
These applications were made after it came to light that a substantial amount of soil
was imported that exceeded the amount permitted by Administrative approval and
that grading had begun and had been substantially increased without City and
County approvals.
Section 2. On January 16, 1996, the Planning Commission approved an
application for Site Plan Review to construct a stable with loft and corral area that
required grading by Resolution No. 96-1 in Zoning Case No. 535. A previous
application for the same stable with loft and corral area was approved by the
Planning Commission on September 7, 1993, extended for one year, and expired on
September 7, 1995.
Section 3. An "as graded" plan was submitted by the applicant that showed
substantial amounts of soil imported as well as substantial amounts of additional
grading. At the construction site, the eastern portion of the pad for the stable and
corral area had been raised and substantially expanded.
Section 4, The Planning Commission conducted a duly noticed public
hearing to consider the applications for a Variance and Site Plan Review on March
18,1997 and April 15,1997, and at a field trip visit on April 5, 1997.
Section 5. The applicant was notified of the public hearing in writing by
first class mail and through the City's newsletter. Evidence was heard and
presented from all persons interested in affecting said proposal, from all persons
RESOLUTION NO. 97-10
PAGE 1
• •
protesting the same, and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. Concerns
expressed by Planning Commissioners, residents and the applicant focused on the
excessive importation of soil that took place without City and County approvals, the
increased grading that took place without City and County approvals, the disruption
of the property site, the disruptions experienced by the neighbors, and the
substantial enlargement of the building pad for the stable and corral at the subject
site.
Section 6. The Planning Commission finds that the project qualifies as a
Class 3 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
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.
Paragraph 3 of Subsection 7016.9 of Section 15.04.170 of Title 15 (Building and
Construction Code) permits the City Manager to grant an exception to the balanced
cut and fill ratio under certain conditions to allow for the importation of soil not to
exceed 500 cubic yards. The applicant is requesting to allow a previously illegally
imported and substantial amount of soil that is in excess of the previous
Administrative approval. Soil quantities cut were 340 cubic yards and dirt quantities
filled were 1,750 cubic yards. Of these quantities, 1,410 cubic yards of soil were
imported to the building site. 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 or to the intended use that do not apply
generally to the other property or class of use in the same zone because the lot is
irregular and the building pads are located close to the street, side yards, and adjacent
residences. The soil prepared for the stable and corral area pad shrank more than
anticipated and required additional soil quantities. Without the additional soil, the
sloping rear portion precludes an adequate pad sized for the stable and corral area.
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 Variance is necessary
because the additional imported soil will support and stabilize the pad for the stable
and corral area.
C. The granting of the Variance would not be materially
detrimental to the public welfare or injurious to the property or improvements in
RESOLUTION NO. 97-10
PAGE2
• •
such vicinity and zone in which the property is located. The development of a
stable with loft and enlargement of the building pad for the stable and corral area,
will allow a substantial portion of the lot to remain undeveloped.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 553 to permit the previously
illegally imported 1,410 cubic yards of soil that is in excess of a previous
Administrative approval as indicated on the development plan submitted with this
application and incorporated herein by reference as Exhibit A, subject to the
conditions specified in Section 11 of this Resolution.
Section 9. Section 17.46.010 of the Rolling Hills Municipal Code requires a
development plan to be submitted for site plan review and approval before any
grading takes place, or 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 or
structure by more than twenty-five percent (25%) in any thirty-six month period.
The applicant is requesting to modify the approved Site Plan application for a stable
and corral area to allow unauthorized increased grading quantities on the site where
grading has taken place. The applicant's latest proposal submitted on February 6,
1997, requests increased grading quantities of 1,410 cubic yards of fill soil. With
respect to this request, 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 109,197 square feet. The proposed stable (1,294 sq.ft.), existing
residence (4,964 sq.ft.), garage (540 sq.ft.), swimming pool (623 sq.ft.), and service yard
(96 sq.ft.) will have 7,517 square feet which constitutes 6.9% of the lot which is
within the maximum 20% structural lot coverage requirement. The total lot
coverage including paved areas and driveway will be 16,050 square feet which equals
14.7% of the lot, which is within the 35% maximum overall lot coverage
requirement. Coverage on the lower stable pad will be 17% which is similar in size
to several neighboring developments. The proposed project is on a relatively large
lot with the proposed structure located away from the road so as to reduce the visual
impact of the development and is similar and compatible with several neighboring
developments.
B. The development, as modified, 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). The additional grading and imported soil
RESOLUTION NO. 97-10
PAGE3
• •
for this project will provide additional stability to the stable and corral area and the
hillside area in which it is located.
C. The development plan follows natural contours of the site to
minimize grading and the natural drainage courses will continue to the eastern
canyon at the rear of the lot. The additional grading quantities do not cause
substantial modification to land forms because the hillside will be stabilized, will
conform to the City and County slope safety standards, and the graded areas will be
recompacted to a higher compaction level than existing soil conditions.
D. The development plan incorporates existing large trees and native
vegetation to the maximum extent feasible and, as reconditioned, 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.
Significant portions of the lot will be left undeveloped so as to minimize the impact
of development. Further, the proposed stable project will have a buildable pad
coverage of 17%. Significant portions of the lot will be left undeveloped so as to
maintain scenic vistas across the northeasterly portions of the property.
F. The proposed development, as conditioned, 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 when compared to this large
lot. Grading was done to recompact the soil and provide stability to the hillside. The
ratio of the proposed structures to lot size is similar to the ratio found on several
properties in the vicinity.
G. The proposed development is sensitive to and not detrimental to the
convenience and safety of circulation of pedestrians and vehicles because the
proposed project will utilize existing Maverick Lane for access and will not be
altered.
H. The project will not have a significant effect on the environment and
is categorically exempt from environmental review under the California
Environmental Quality Act.
Section 10. Based upon the foregoing findings, the Planning Commission
hereby approves a modification to an approved Site Plan Review application to
allow increased grading quantities at the site for a stable and corral area. The
modifications are shown on the Development Plan and marked Exhibit A in
Zoning Case No. 553. The approved modifications are subject to the conditions
contained in Section 11 of this Resolution.
RESOLUTION NO. 97-10
PAGE4
• a
Section 11, The Variance to permit the previously illegally imported 1,410
cubic yards of soil that is in excess of a previous Administrative approval and
modification to an approved Site Plan Review application to allow increased
grading at the site for a stable and corral area approved in Sections 8 and 10, as
indicated on the Development Plan attached hereto and incorporated herein as
Exhibit A in Zoning Case No. 553, are subject to the following list of conditions.
These conditions include applicable conditions of approval previously imposed on
the Site Plan Review application by Resolution No. 96-1 on January 16, 1996. To the
extent these conditions duplicate prior conditions imposed on this project, the
conditions set forth herein shall be considered as continuations of those prior
requirements:
A. The Variance and Site Plan Review approvals shall expire within one
year from the effective date of approval as defined in Section 17.38.070(A) and
Section 17.46.080(A).
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, the Permit 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 Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise approved by Variance.
D. The stable, loft and corral area 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. New grading plans shall be submitted to the County Department of
Building and Safety for grading plan check review and must conform to the
development plan approved with this application.
F. Total grading for this project, including all other approvals for this
property, shall not exceed 340 cubic yards of cut soil and 1,750 cubic yards of fill soil.
No further soil shall be imported or exported from the property.
G. Any grading shall preserve the existing topography, flora, and natural
features to the greatest extent possible.
H. The easterly downslope of the corral area shall be repaired and restored
to a 2:1 slope ratio as required by the Rolling Hills Municipal Code and the County
of Los Angeles.
RESOLUTION NO. 97-10
PAGE 5
i •
H. Structural lot coverage shall not exceed 7,517 square feet or 6.9% and
total lot coverage of structures and paved areas shall not exceed 16,050 square feet or
14.7%.
I. Maximum disturbed area of the lot shall not exceed 39.33% of the net
lot area.
The building pad coverage for the stable and corral shall not exceed
K. The stable loft shall have no glazed openings and the loft area shall be
limited in use to the storage of feed, tack, and stable equipment.
L. The stable and loft shall be limited in use to horsekeeping activities
and shall not be converted or otherwise used for habitable space.
M. The building permit issued in 1994 for an attached 440 square foot
garage shall be completed, inspected by the County and finalled.
N. All free-standing retaining walls incorporated into the project shall not
be greater than 5 feet in height at any one point.
O. Landscaping shall be designed to prevent slope erosion on disturbed
slopes that shall be well -planted using native drought resistant ' vegetation and
irrigated.
P. 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.
Q. 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.
R. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional structural
development shall require the filing of a new application for Site Plan Review
approval by the Planning Commission.
S. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance and Site Plan Review approvals, or the approvals shall not be
effective.
RESOLUTION NO. 97-10
PAGE 6
• i
T. All conditions of these Variance and Site Plan Review approvals must
be complied with prior to the issuance of a building or grading permit from the
County of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 20TH DAY OF MAY, 1997.
ATTEST:
MARILYN RN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
ALLAN ROBERTS, CHAIRMAN
I certify that the foregoing Resolution No. 97-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A VARIANCE TO RECOGNIZE THE
PREVIOUSLY ILLEGALLY IMPORTED AND SUBSTANTIAL AMOUNT OF
SOIL FOR A STABLE AND CORRAL AREA AND GRANTING A REQUEST
FOR A MODIFICATION TO AN APPROVED SITE PLAN REVIEW
APPLICATION TO ALLOW THE INCREASED GRADING QUANTITIES TO
REMAIN AT THE SITE FOR THE CONSTRUCTION OF A NEW STABLE
AND CORRAL AREA AT A SINGLE FAMILY RESIDENTIAL
DEVELOPMENT IN ZONING CASE NO. 553.
was approved and adopted at a regular meeting of the Planning Commission on May 20, 1997
by the following roll call vote:
AYES: Commissioners Hankins, Sommer, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Margeta.
and in compliance with the laws of California was posted at the following:
Administrative Offices
M
MARILYN KE , DEPUTY CITY CLERK
RESOLUTION NO. 97-10
PAGE7