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759, To retain an as built waterfal, Resolutions & Approval ConditionsThis page is part of your document - DO NOT DISCARD iu i i i 10 20171203828 11111111111111111110111111111 Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 00046355 m 003493462 SEQ: 01 09/06/11 AT 11:23AM i iu DAR - Mail (Hard Copy lulu iuuuiuiiimuuuuemiiimuiuiiiiuuuuvi ijllIIl llI lIiJI IllIll llll lIl IllIll 1 II THIS FORM IS NOT TO BE DUPLICATED i P0a FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 E488308 • RECORDING REQUESTED BY ANC 9 90 1 MAIL TO: CITY OF ROLLING HILLS *20111203828* 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. 759 XX VARIANCE I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 5 CREST ROAD WEST, (LOT 55-B-MS) 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: 5 Crest Road West, Rolling Hills CA (LOT 55-B-MS) ,3,{4-tp, 9 mrkdoep ZONING CASE NO. 759 XX VARIANCE I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. • Signaty�re�� Name typed or printed Signature Name typed or printed Address ` j' (irrst Rod IV, Address City/State �i�J�� //i.m O/4,. 90.27 City/State • • See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2008-16 Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On A,/,ti e. I L. Personally/� appeared C before me, t i who proved to me on the basis of satisfactory evidence to be the person( whose name' is/ ace subscribed to the within instrument and acknowledged to me that he/ she/ they- executed the same in his/her./their authorized capacity: and that by his/ ham -/their- signature* on the instrument the person( C, 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 by hand and offici I sal. Signature of Notary — — CHERYL L. ALONSO Commission # 1901437 Notary Public - California Los Angeles County - My Comm. Expires Au 27, 2014 6�• r. r r v r I • v r•"W^vi, • if A - RESOLUTION NO. 2008-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO RETAIN AN "AS BUILT" WATERFALL AND WATER SLIDE IN THE SIDE AND REAR YARD SETBACKS, AND AN UNDER THE DECK POOL EQUIPMENT IN THE REAR YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 759, AT 5 CREST ROAD WEST, (LOT 55-B-MS), (SODERSTROM). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Charles Soderstrom with respect to real property located at 5 Crest Road West, Rolling Hills (Lot 55-B-MS) requesting to retain an "as built" 409 square foot waterfall and water slide in the side and rear yard setbacks, and an 84 square feet under the deck pool equipment in the rear yard setback at an existing single family residence. Section 2. The applicant is in the process of substantially remodeling the existing residence, pool and previously approved 450 square foot waterfall and other water features (ponds) on the property. The existing waterfall is located in the side yard setback for which a Variance was granted in 1985. While renovating the pool area and the existing rock structures, the applicant constructed 409 square foot additional waterfall and water slide structure to the north of the existing waterfall, also in the side and rear yard setbacks, without the benefit of approval or building permit. The applicant is also proposing to relocate the pool equipment into the slope in the rear setback. Only the door to the pool equipment area would be visible from the outside. The pool equipment itself would be located under an existing deck. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on August 19, 2008. 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' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning Commission were properly noticed. The neighbor to the immediate west of the subject property expressed that he does not object to this development, as long as it is well screened and the pool equipment is relocated so that it does not interfere with the tranquil environment on his property. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. 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 Reso. 2008-16 ZC NO.759 1 • • 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. Sections 17.16.120 and 17.16.130 require a side yard of 35-feet from the side property line in the RAS-2 zone and rear yard of fifty feet (50') from the rear property line. The applicant requests a Variance to encroach into the west side yard and rear yard setbacks to permit the retention of a 409 square foot rock structures, including waterfall, waterslide and pool equipment. 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 similar strucures existed previously and were approved in 1985 by a Variance and the applicant interpreted that the extension would not require additional approvals. In respect to the pool equipment, the equipment existed in a different location and it is being relocated. The remodel and addition of the rock structures is an integral addition to the preexisting pool landscape. The existing portions of the rock structures were poorly designed and created an out of balance feel with the remodeled pool and landcsping area. 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. The Variance is necessary to allow the property owner to carry the theme of rock structures along the side yard and to refresh the appearance of the pool landscaping along with poviding additional enjoyment and use of the pool. The Commission has considered the nature, condition, . and development of adjacent uses, buildings, and structures, and the topography of the area in evaluating this finding and determined that the rock structures are minor and do not interfee with the openness of the lot. 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. The structures will give the proeprty a uniquly refreshing look and feel. A substantial portion of the lot will remain undeveloped. In addition, the proposed structures, as conditioned, will be screened with vegetation so as not to be visible from surrounding properties. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 759 to permit the as built rock structures, including a waterfall, waterslide and the pool equipment to encroach into the side and rear setbacks, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Sections 17.38.070(A) unless otherwise extended pursuant to the requirements of that section. B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicants have been given written Reso. 2008-16 ZC NO. 759 2 • • 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 Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The applicant shall be required to obtain building permits for the rock structures and the pool equipment/pumps, and if required by the LA County Building and Safety Department for all other hardscape remodel on the property. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated July 24, 2008, except as otherwise, provided in these conditions. F. There shall be no grading for the project. The disturbed area of the lot shall not exceed 41,312 square feet or 37.7%, which includes the pad for the future stable. G. The structural lot coverage, including the future stable shall not exceed 19,774 square feet or 18.0% of the net lot area, (discounting the allowances). The total lot coverage shall not exceed 30,554 square feet and 27.9% of the net lot area. H. The coverage on the 27,000 square foot residential building pad shall not exceed 65.2%. The coverage on the 5,583 square foot future stable pad shall not exceed 8.0%, if a 450 sq.ft. stable was to be constructed. I. A landscaping plan for the areas surrounding the pool and rock features shall be submitted to the Planning Department for review, and shall be designed using native plants or other drought -tolerant trees and shrubs so as not to exceed at maturity the ridge height of the residence nor obstruct views from neighboring properties. J. Landscaping shall include water efficient irrigation, to the maximum extent feasible, that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray. K. The west side of the property in the vicinity of the rock structures and the pool shall be screened at all times with trees and dense brush, so as to muffle the sounds of the rock features and pool recreation area. L. All of the water features on the property shall be in good repair at all times and the water be continually re -circulated to prevent mosquitoes breeding. M. During construction, conformance with the air quality management district requirements, storm water pollution prevention .practices, county and local Reso. 2008-16 ZC NO.759 3 • • ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. N. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water to the rear of the lot or as approved by the LA County drainage Engineer. O. The construction shall minimize erosion and protect slopes and channels to control storm water pollution. 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) related to solid waste. R. The property owners shall comply with the requirements of the Lighting Ordinance of the City of Rolling Hills, pertaining to lighting on said property. S. The applicants shall execute an Affidavit of Acceptance Form of all conditions of this Variance approval, pursuant to Section 17.3$.060, or the approval shall not be effective. T. All conditions of this Variance approval must be complied with prior to the issuance of a final inspection by City staff and Building Department. U. Notwithstanding sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any future modification to the property, which would constitute structural development or grading, shall require the filing of a new application for approval by the Planning Commission. V. This project shall be reviewed and approved by the Rolling Hills Community Association Architectural Committee. W. 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. 2008-16 ZC NO. 759 4 PASSED, APPROVED AND ADOPTED THIS 16th DAY OF SEPTEMBER 2008. 1�REN DEROY, f tE-CHAI ATTEST: rr0./--S2A, MARILYN KERN, DEPUTY CITY CLERK Reso. 2008-16 ZC NO. 759 MAN 5 • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO RETAIN AN "AS BUILT" WATERFALL AND WATER SLIDE IN THE SIDE AND REAR YARD SETBACKS, AND AN UNDER THE DECK POOL EQUIPMENT IN THE REAR YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 759, AT 5 CREST ROAD WEST, (LOT 55-B-MS), (SODERSTROM). was approved and adopted at a regular meeting of the Planning Commission on September 16, 2008 by the following roll call vote: AYES: Commissioners DeRoy, Smith, Sommer, and Witte. NOES: None. ABSENT: None. ABSTAIN: Chairman Henke. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. 2008-16 ZC NO. 759 • ,v6Z.,,,4 031 *, 'iq.511 • (1! •!:jol SEP 1 3 2011 City of Rolling Hills By