883, Previous owner constructed an , CorrespondenceaCity o Rolling „Iva
August 13, 2015
Ms. Deborah Thoren-Peden
6 Maverick Lane
Rolling Hills, CA 90274
SUBJECT: ZONING CASE NO. 883
...Dear. Ms. Thoren-Peden:
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377.7288
This letter is to notify you that the City Council at their regular meeting on August
10, 2015 received and filed Zoning Case No. 883, approving your project to enclose a
porch and retain the pond.
Before this case takes effect you are required to record an Affidavit of Acceptance
Form together with the Resolution in the Office of the County Recorder.
Please read the conditions of approval, as some may have to be met prior to issuance
of a permit.
I am enclosing a copy of RESOLUTION NO. 2015-15 together with the affidavit of
acceptance form specifying the conditions of approval set forth by the Planning
Commission. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM,
have the signature notarized, and forward, (or hand deliver), the completed form and
Resolution to:
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
(562) 462-2125
OR
LAX Courthouse 310-727-6142
11701 S. La Cienega Blvd. 6th Floor, Los Angeles, CA 90045
Confirm the hours of operation and cost of recordation with the County Clerks
Office, as they change frequently.
Printed on Recycled Paper
• •
The preparer of the construction plans for plan check and later construction and for
obtaining building permits will be required to sign an affidavit stating that the plans
submitted to the Building Department for review are the same as those approved by
the City; and further, prior to obtaining a grading/building permit you and/or your
agent will be required to sign an affidavit stating that the project will be constructed
according to the approved plans. I will provide you the certification forms prior to
your submittal of the plans to the Building Department.
Please make a copy of the Resolutions for your records and keep a copy of the plans
with the conditions printed on the plans at the construction site at all times and
assure that the contractor adheres to the conditions in the Resolutions during the
entire construction process. Any deviation from the approved plans and conditions
of approval, either prior to construction or during must be brought to City's attention
for review prior to it being implemented by the contractor.
Please call me at (310) 377-1521 if you have any questions.
S.
Y,
lanta Schwartz
lanning Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 2015 —15
cc: Deborah Richie-Bray (cover letter only)
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
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 883
XX VARIANCE (SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
6 MAVERICK LANE, (LOT 25-SK) ROLLING HILLS, 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 case:
ZONING CASE NO. 883
XX VARIANCE
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature Signature
Name typed or printed Name typed or printed
Address Address
City/State City/State
• •
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
COUNTY OF
}
}
On , before me,
Public, personally appeared
, a Notary
who 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.
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
Commission No.
✓
•
RESOLUTION NO. 2015-15
• �
)0MIB(T
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH
WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN
EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6
MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN).
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 Ms. Deborah Thoren-Peden
with respect to real property located at 6 Maverick Lane, (Lot 25-SK), Rolling
Hills, CA requesting Variances to enclose 65 square feet of an existing covered
porch located in the 50-foot front yard setback, and to maintain a 140 square foot
pond in its as -built condition, located within the 20-foot easterly side yard
setback.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on June 16, 2015 at a regular Planning
Commission meeting and in the field also on June 16, 2015. The applicant was
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 applicant and her representative were
in attendance at the hearings.
Section 3. The subject property is zoned RAS-1, located at the end of a
cul-de-sac on Maverick Lane and is irregular in shape. The net lot area for
development purposes is 36,970 square feet. The existing home along its entire
width encroaches between approximately 9.5 and 25 feet into the required 50-
foot front setback. The 65 square feet of new living area would encroach up to
approximately 12 feet into the front setback and would be located to the rear of
an existing laundry room.
Section 4. The Planning Commission finds that the project qualifies as
Class 3 Exemption, pursuant to Section 15303 of the CEQA (California
Environmental Quality Act) Guidelines and is therefore exempt from
environmental review.
Section 5. 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
Reso. 2015-15 1
• •
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.
Sections 17.16.140(B) and 17.16.150, which list permitted projections and
encroachment into setbacks, do not allow a covered porch, and enclosed living
area or a pond in a setback. A Variance to Section 17.16.120 is required because it
states that every lot in the RAS-1 zone shall have a side setback of not less than
20 feet from the side property line and Section 17.16.110 requires that every lot in
the RAS-1 zone shall have a front setback of not less than 50 feet from the road
easement line. The applicant is requesting a Variance to encroach 8 feet into the
20-foot southeasterly side yard setback with the pond and with 12-foot
encroachment for the addition, which area is already enclosed on 3 sides. With
respect to this request for Variance, the Planning Commission finds as follows:
A. There are exceptional circumstances and conditions because the
configuration of the existing structure, which encroaches into the front setback,
prevent further expansion, except into the setback. In addition, the proposed
encroachment would follow the limits of the structure in the front of the
property. The Commission further finds that the configuration of the existing
residence and interior layout of the residence creates a hardship to improving the
property. The addition consists of constructing one new wall to enclose an
already existing entryway/porch. The side yard encroachment with a pond is
relatively minimal, the use is passive and because of the configuration of the
existing structures on the lot any structure in that location would require a
variance. 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, including the ability to have an outdoor water feature on the
property and the ability to convert an existing covered enclosed porch into living
space. The encroachment permits the use of the lot to the extent allowed for other
properties with similar lot configurations. The encroachment is very minor and is
not visible from the street or other residence.
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, including the ability to
have an outdoor water feature on the property and the ability to convert an
existing covered enclosed porch into living space. The encroachment permits the
use of the lot to the extent allowed for other properties with similar lot
configurations. The side encroachment is very minor and is not visible from the
street or other residence. The front encroachment already exists and is not going
to appear as being larger than existing.
Reso. 2015-15 2
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 is minimal and is behind the existing line of encroachment. The area of
addition would not impair views. The pond does not constitute a major structure
and is minimal in size. The structural lot coverage and the total impervious lot
coverage are within the requirements of the City.
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, under an existing roof and will not affect 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 exists 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 6. Based upon the foregoing findings, the Planning
Commission hereby approves the Variances in Zoning Case No. 883 to enclose 65
square feet of a covered porch in the front setback into a living area and to retain
a pond in the side setback, subject to the following conditions:
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 Sections 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 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, 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.
Reso. 2015-15 3
• •
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file dated June 11, 2015, except as otherwise
provided in these conditions.
E. 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.
F. All utility lines for structures subject to this application shall be
placed underground.
G. There shall be no grading for this project.
H. Structural lot coverage shall not exceed 7,073 square feet or 19.13%;
with allowance the structural coverage shall be 18.8%.
Total lot coverage of structures and paved areas shall not exceed
12,298 square feet or 32.9% -with allowances, in conformance with lot coverage
limitations.
I. The disturbed area of the lot shall not exceed 24,285 square feet or
68.4.0% of the net lot area, which is legal non -conforming condition and no
additional disturbance shall be allowed with this application.
J. Residential building pad coverage on the 12,733 square foot
residential building pad shall be 49.9%, which includes the pond and addition
under the roof.
K. The existing stable and corral or 1,000 square foot area, feasible for
development of a stable, corral and access thereto, shall be retained on the
property.
L. The applicant shall obtain building permits for the as built pond
pump and the proposed addition.
M. The unpermitted pizza -oven in the side yard shall be demolished.
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.
Reso. 2015-15 4
O. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking shall take place within nearby
unimproved roadway easements, but not to obstruct neighboring driveways.
During construction, to maximum extend feasible, employees of the contractor
shall car-pool into the City.
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 to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of stormwater drainage facilities.
Further, the property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste.
R. The property owners shall be required to conform to the City of
Rolling Hills Outdoor Lighting Standards Ordinance, roofing material ordinance
and all other requirements.
S. Minimum of 50% of the construction material spoils shall be
recycled and diverted. The hauler shall provide the appropriate documentation
to the City.
T. If any landscaping is introduced for this project, the trees or shrubs
shall be of a type that do not grow higher than the ridge line of the residence and
shall be maintained at such height at all times, so as not to impair neighbors'
view. The landscaping, if planted, shall include native drought -resistant
vegetation and be planted in an offset manner so that not to result in a hedge like
screen. If landscaping of 5,000 square foot area or greater is introduced the
landscaping shall be subject to the requirements of the City's Water Efficient
Landscape Ordinance.
U. The 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 all
of the conditions set forth therein and the City's Building Code and Zoning
Ordinance.
Reso. 2015-15 5
• .
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.
V. Perimeter easements and trails, if any, shall remain free and dear of
any improvements including, but not be limited to, fences -including construction
fences, grading, landscaping, irrigation and drainage devices, play equipment,
parked vehicles, driveways, building materials, debris and equipment, unless the
Rolling Hills Community Association approves an encroachment.
W. The contractor shall not use tools that could produce a spark,
including for clearing and grubbing, during red flag warning conditions.
Weather conditions can be found at:
http://www.wrh.noaa.gov/lox/main.pho?suite=safety&paqe=hazard definiti
ons#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.
X. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
building permit.
Y. Until the applicants execute an Affidavit of Acceptance of all
conditions of this approval, the approvals shall not be effective.
Z. All conditions of the Variances approval, that apply, shall be
complied with prior to the issuance of building permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOP Y O, JULY 2015.
CIF, CHAIRM
Ai""LEST:
HEIDI LUCE, CITY CLERK
Reso. 2015-15 6
L!
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.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015-15 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO ENCROACH
WITH AN ADDITION INTO THE FRONT SETBACK AND WITH AN
EXISTING POND INTO THE SIDE SETBACK IN ZONING CASE NO. 883, AT 6
MAVERICK LANE, (LOT 25-SK), ROLLING HILLS, CA, (THOREN-PEDEN).
was approved and adopted at a regular meeting of the Planning Commission on
July 21, 2015 by the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick, Smith and
Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
�c lwo
CITY CLERK
Reso. 2015-15 7
•
•
C1ty opeolfngJdcfG
July 22, 2015
Ms. Deborah Thoren-Peden
6 Maverick Lane
Rolling Hills, CA 90274
SUBJECT: ZONING CASE NO. 883
Dear Ms. Thoren-Peden:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
The Planning Commission adopted a resolution at their regular meeting on July 21, 2015,
granting approval of your request. That action accompanied by the record of the proceedings
before the Commission will be reported to the City Council on Monday, August 10, 2015, at
their regular meeting beginning at 7:30 PM. You or your representative should be present to
answer any questions the Council may have. Please submit 6 sets of plans for the City Council
meeting by July 31, 2015.
The Planning Commission's decision in this matter shall become effective thirty days after the
adoption of the resolution by the Commission, unless an appeal has been filed or the City
Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section
17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's
decision will be stayed until the Council completes its proceedings in accordance with the
provisions of the Municipal Code.
Please review the conditions in the resolution that was provided to you previously. Should you
have any objections to any of the conditions, you may appeal them to the City Council.
If no appeals are filed within the thirty (30) day period after adoption of the Planning
Commission's Resolution, the Planning Commission's action will become final and you will be
required to cause to be recorded an Affidavit of Acceptance Form together with the subject
Resolution in the Office of the County Recorder before the Commission's action takes effect.
Instructions for recordation will be forwarded to you after the Council's proceedings.
The staff report to the City Council with a copy of the signed Resolution will be forwarded to
you prior to the Council's meeting.
Feel free to call me at (310) 377-1521 if you have any questions regarding this matter.
S' cerel
Y[ anta cYlwartz, Pha1'ining Director
c': Deborah Richie-Bray
Printed on Recycled Paper
• •
City O Rolling „AIL INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377.7288
June 18, 2015
Mrs. Deborah Thoren-Peden
6 Maverick Lane
Rolling Hills, CA 90274
SUBJECT: ZONING CASE NO. 883 '
Dear Ms. Thoren-Peden:
This letter shall serve to notify you that the Planning Commission at their meeting on
June 16 2014, directed staff to prepare a Resolution, with conditions, approving your
application in Zoning Case No. 883. The Commission will review, deliberate and vote on
this resolution at their July 21, 2015 meeting. The meeting starts at 6:30 PM, in City Hall.
The staff report and the Resolution will be mailed to you on the Friday before the
meeting.
The Planning Commission action, accompanied by the records of the proceedings will be
presented to the City Council as a report item at the Council's regular meeting following
the Commission's approval. The City Council can "Receive and File" the item,
upholding the Planning Commission's decision or take the case under their jurisdiction.
We anticipate that your case will be presented to the City Council on August 10, 2014.
Their meetings start at 7:30 PM. Six sets of complete plans must be submitted to the City
by July 31 for the Council's meeting.
The Planning Commission decision will become effective thirty days after the adoption
of the resolution unless an appeal has been filed by you, any interested party or the City
Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section
17.54.010 of the Rolling Hills Municipal Code). Should there be an appeal, the
Commission's decision will be stayed until the Council completes its proceedings in
accordance with the provisions of the Municipal Code.
Feel free call me at (310) 377-1521 if you have any questions.
Sinc
/V
Rosemary Lackow
Planning Assistant
cc: Deborah Richie-Bray
Printed on Recycled Paper
6(4 al Re </t9 qe. INCORPORATED JANUARY 24, 1957
STATUS OF APPLICATION
& FIELD TRIP NOTIFICATION
June 2, 2015
Ms. Deborah Thoren-Peden
6 Maverick Lane
- Rolling Hills, CA 90274
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
SUBJECT: ZONING CASE NO. 883, Request for Variances (Pond and Kitchen
Addition).
Dear Ms. Thoren-Peden:
Pursuant to state law the City's staff has completed a preliminary review of the application
noted above and finds that the information submitted is:
X Sufficiently complete as of the date indicated above to allow the application to be
processed.
Please note that the City may require further information in order to clarify, amplify, correct,
or otherwise supplement the application. If the City requires such additional information, ,it
is strongly suggested that you supply that information promptly to avoid any delay in the
processing of the application.
Your application for Zoning Case No. 883, 6 Maverick Lane has been set for field trip
consideration by the Planning Commission, pending timely receipt of all required
information, on Tuesday, Tune 16, 2015 at the site at approximately 7:30 a.m.
The Commission will continue their deliberation and discussion of your project at their
regular scheduled meeting on Tuesday, Tune 16, beginning at 6:30 PM in the Council
Chambers, Rolling Hills City Hall Administration Building, 2 Portuguese Bend Road, Rolling
Hills. You or your designated representative must attend both meetings to present the project
and to answer questions.
Your neighbors will be notified of this project.
• •
The staff report for this project will be available at the City Hall after 3:00 PM on Friday, June
12, 2014. We will mail the report to you and your representative.
Staking of the site and installation of a silhouette prior to the field trip is NOT
required because the proposed addition involves enclosing a portion of an existing
structure which will not be increased in height or expanded beyond the existing
footprint of the home.
Please do not hesitate to call me at (310) 377-1521 if you have any questions.
S. ce ly,
Rosemary Lackow
Planning Assistant
cc: Deborah Richie-Bray
-2-