890, Augment the existing riding ri, Resolutions & Approval Conditions• •
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
0-I''I' 1;
*20160088260*
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. 890 (SEE EXHIBIT A ATTACHED)
XX SITE PLAN REIVEW XX VARIANCE XX CONDITIONAL USE PERMIT
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
1 MIDDLERIDGE LANE SOUTH, ROLLING HILLS, CA 90274 (LOT 167-UR)
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 ZONING CASE NO. 890
XX SITE PLAN REIVEW XX VARIANCE XX CONDITIONAL USE PERMIT
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
f
Signature
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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 C.FIGIFOK.00 }
COUNTY OF LOS A -Or F1 F1S }
On 1 • I c) .Ito , before me, Shit.. l ONEr Qti`7
Notary Public, personally appeared
(6e-E_6101V-I T. ecemi I c- - ‘59,10 IoQl we l C . Pact f G1-a
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who proved to me on the basis of satisfactory evidence to be the person®
whose name i ar= subscribed to the within instru ent and acknowledged to
me that he/she -xecuted the same in his/her thee' authorized capaci firt3,
and that by his/her signatur:,0) on the instrument the person, or the entity
upon behalf of which the perso a 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: .Jt-Mit .)ET DA`M
Date Commission Expires / •02 -I • /7
Commission No. ('n, o? 9-7
ANNTIONET DAY
Commission 0 2002297
Notary Public • California
Los Angeles County
My Comm. Expires Jan 24, 2017
RESOLUTION NO. 2015 - 22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND
CONSTRUCTION OF A RIDING ARENA, LUNGING RING TO BE
LOCATED IN THE FRONT YARD AREA OF THE LOT AND TO
RETAIN AN AS BUILT GAZEBO IN THE FRONT YARD AREA OF THE
LOT IN ZONING CASE NO. 890 AT 1 MIDDLERIDGE LANE SOUTH,
(LOT 167-UR), (POPOVICH).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Popovich with
respect to real property located at 1 Middleridge Lane South (Lot 167-UR), Rolling Hills,
CA requesting a Conditional Use Permit and Site Plan Review to construct a 13,068
square feet regulation dressage arena (66' x 198'), with related grading of 6,900 cubic
yards total and to relocate an existing 60' in diameter (approx. 2,800 square feet)
lunging ring approximately 40 feet in a westerly direction. Variances are requested to
construct the arena and ring in the front yard of the lot and to retain an "as built"
gazebo in the front yard. No structures are proposed with this application.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip to the property on October 20, 2015 and at a
regular Planning Commission meeting also on October 20, 2015. 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 applicant and their representatives were in attendance at the
hearings.
During the course of the proceedings, two neighbors testified in support of the project.
Section 3. The property is zoned RAS-2 and contains 5.75 acres. The net lot
area for development purposes is 231,047 square feet, or 5.30 acres. It is currently
developed with a 4,556 square foot residence, 680 square foot covered porch, 2,263
square foot garage, 702 square foot swimming pool, 2,329 square foot stable with corrals,
pool equipment, entryway, gazebo, chicken coop and small aviary. No changes are being
proposed to these structures. The area of the proposed arena is currently used for
equestrian uses as corrals and pastures, and a lunging ring exists in the vicinity of the
proposed arena and will be relocated.
Section 4. The City reviewed the proposed project's environmental impacts
under the California Environmental Quality Act (Public Resources Code §§ 21000, et
Reso.2015-22 1
1 Middleridge Lane S.
• •
seq., "CEQA") and the regulations promulgated thereunder (14 California Code of
Regulations §§ 15000, et seq., the "CEQA Guidelines") and determined the proposed
project to be exempt from environmental review pursuant to Section 15303(e) (accessory
structures) and Section 15061(b) (3) (Common Sense Exemption) of the CEQA
Guidelines.
Section 5. Section 17.18 of the Rolling Hills Municipal Code permits approval
of a corral over 550 square feet, and riding ring provided the Planning Commission
approves a Conditional Use Permit. With respect to this request for a Conditional Use
Permit, the Planning Commission finds as follows:
A. Conditionally permitted uses are not outright permitted by the Rolling
Hills Municipal Code. The Commission must consider applications for conditional use
permit and may, with such conditions as are deemed necessary, approve a conditional
use which will not jeopardize, adversely affect, endanger or to otherwise constitute a
menace to the public health, safety or general welfare or be materially detrimental to the
property of other persons located in the vicinity of such use.
B. The granting of a Conditional Use Permit for the construction of the rings
would be consistent with the purposes and objectives of the Zoning Ordinance and
General Plan because the use is consistent with similar uses in the community, and
except for their location, meets all the applicable code development standards for a
riding and lunging ring, and the area is located in an area on the property that is
adequately sized to accommodate such uses. The proposed uses are appropriately
located in that they will be sufficiently separated from nearby structures used for
habitation or containing sleeping quarters. The uses would be constructed in
furtherance of the General Plan goal of promoting and encouraging equestrian uses.
C. The nature, condition, and development of adjacent structures have been
considered, and the project will not adversely affect or be materially detrimental to
these adjacent uses, buildings, or structures because the proposed rings orientation is
not towards neighbors and its general location is of sufficient distance from nearby
residences so as to not impact the view or privacy of surrounding neighbors. The
proposed rings are to be located largely on an area already used for corrals and pasture,
which would be graded out to accommodate a flat area for the rings.
D. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the riding ring and arena complies with
the low profile residential development pattern of the community and will not give the
property an over -built look, and areas will remain open and unobstructed. The lot is
5.30 acres net in size and is sufficiently large to accommodate the proposed uses.
E. The proposed conditional use, other than being proposed in the front yard
area, complies with all applicable development standards of the zone district and
requires a Conditional Use Permit pursuant to Sections 17.18.090 and 17.18.100 of the
Zoning Ordinance.
Reso.2015-22 2
1 Middleridge Lane S.
• •
F. The proposed conditional uses are consistent with the portions of the Los
Angeles County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities because the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List.
Section 6. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit may be
commenced. With respect to the Site Plan Review application for the grading for riding
arena and lunging ring of 6,900 cubic yards total (3,450 cy. cut and 3,450 cy. fill) to be
balanced on site, the Planning Commission finds as follows:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed project complies with the
General Plan requirement of low profile, low -density residential development with
sufficient open space between surrounding uses. The development conforms to Zoning
Code lot coverage requirements, as it is not counted for coverage because it is an open
area. The proposed project will be landscaped to be screened from the .road so as to
reduce the visual impact of the development and a landscaping plan is required to be
submitted.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new uses will
riot cause the lot to look overdeveloped. The applicant is utilizing an area of the lot that
is currently used for a corral and pasture for horses and there will not be substantial
change to the undeveloped state of this portion of the lot. Additional significant portions
of the lot will be left undeveloped so as to maintain open space on the property. The uses
will be screened. The nature, condition, and development of adjacent uses, buildings,
and structures and the topography of the lot have been considered, and the construction
will not adversely affect or be materially detrimental to the adjacent uses, buildings, or
structures because the proposed uses will be constructed on a portion of the lot which is
least intrusive to surrounding properties, is located in an area previously developed
with similar uses, but smaller, will be screened and landscaped with trees and shrubs, is
of sufficient distance from nearby residences and will substantially utilize the existing
area for the new grading.
C. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of
strict grading practices to preserve the community's natural terrain. The Building Code
and the Zoning Ordinance require a balanced cut and fill ratio and do not permit
import or export of soil, except under special circumstances applicable to a property
and with a discretionary permission by the Planning Commission. The project conforms
to the grading requirements and Zoning Code setbacks, except for its location in the
front yard area of the lot.
Reso.2015-22 3
1 Middleridge Lane S.
• •
D. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The lot coverage
maximum set forth in the Zoning Code will not be affected, as the proposed uses are
considered open space and are not counted towards coverage and the proposed project
is consistent with the scale of the neighborhood and will substantially utilize the
existing area currently used for corrals. The proposed project is in furtherance of City's
goal to construct equestrian facilities.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
development will not affect the existing on -site driveway approach that serves the
residence. Adequate paths are provided for the horses to reach the uses from the
existing stable.
Section 7. Sections 17.38.010 through 17.38.050 of the Code permit approval of
a variance from the standards and requirements of the Zoning Ordinance when, due to
exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone, strict application of the Code would deny
the property owner substantial property rights enjoyed by other properties in the same
vicinity and zone. The applicant seeks a variance from the requirement that front yard
area of a lot be free of structures as well as corrals, riding rings and similar uses (Sections
17.18.090 and 17.18.100) and wishes to construct the equestrian rings and retain an
existing gazebo that would be located .in front of the leading edge of the residence, thus,
in the front yard area of the lot. 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 subject property that do not apply generally to the other property or
class of use in the same zone in that existing residence occupies the rear portion of the
lot, making it impossible, due to insufficient space in the rear, to locate the proposed
riding arena and lunging ring such that it would conform to setbacks, yards and
required separation of from the residence. In addition, the terrain in the remaining
portion of the lot, presents constraints due to sloped conditions, and would still require
a Variance due to the exceptionally large "front yard" based on the location of the
residence at the rear of the lot.
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 existing location of
the house and other structures it would be a hardship to locate the rings in the rear. The
expansive open space in the front yard comfortably supports the rings, as this area has
been historically used for equestrian uses, such as corrals and pasture. The limited
buildable area on the property due to steep slopes in the rear and sides places a
hardship on Locating the rings in the side or rear areas. The variance for the existing
gazebo is necessary for the preservation and enjoyment of substantial property rights
Reso. 2015-22 4
1 Middleridge Lane S.
possessed by other properties in the same vicinity and zone because many properties in
the same vicinity and zone have outdoor amenities in the front. The existing location of
the gazebo is the least visually intrusive to the property and its neighbors. The gazebo is
screened by trees and other landscaping and has been on the property for many years.
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 rings or the gazebo would not affect any
neighbor's views and therefore property value and would be screened from them. The
lot is located substantial distance from any neighbor and the uses would not be visible
from them. Development of the equestrian uses in the front yard area will allow
substantial portion of the rear of the lot to remain undeveloped.
D. 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.
E. The variance request is consistent with the General Plan. The proposed
project, together with the variance, will be compatible with the objectives, policies,
general land uses and programs specified in the General Plan and will uphold the City's
goals to protect and promote construction of equestrian facilities.
Section 8. Based upon the foregoing findings in Section 6 and 7 the Planning
Commission hereby approves Zoning Case No. 890 a Conditional Use Permit for a
riding arena a lunging ring, a Site Plan Review for grading, and Variance to retain the
existing gazebo in the front yard area and locate the equestrian uses in the front yard
area subject to the following conditions:
A. The Conditional Use Permit, Variance and Site Plan Review approvals
shall expire within two years from the effective date of approval as defined in Sections
17.38.070 17.46.080 and 17.42.070, unless otherwise extended pursuant to the
requirements of these sections.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has 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.
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 this permit, or shown otherwise on an
approved plan.
Reso. 2015-22 5
1 Middleridge Lane S.
D. The conditions of approval specified herein shall be printed on the
construction plans submitted to the buidling department for plan check and permitting
and shall be available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated October 13, 2015 except as otherwise provided in these
conditions. The working drawings submitted to the Department of Building and Safety
for plan check review shall conform to the approved development plan. All conditions
of the Site Plan, Variance and CUP approvals, herein as applicable, shall be
incorporated into the grading permit working drawings and complied with prior to
issuance of a grading permit.
F. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission.
G. 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.
Further, the person obtaining a building and/ or grading 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.
H. A separate building permit shall be obtained for the existing gazebo and
the animal shelter structure.
I. Structural lot coverage of the lot shall not exceed 4.6% of the net lot area,
in conformance with lot coverage limitations (20% maximum).
The total lot coverage proposed, including structures and flatwork, shall not exceed
10.6%, of the net lot area, in conformance with lot coverage limitations (35% max).
J. All graded areas shall be vegetated utilizing to the greatest extent feasible
medium to large size native and drought resistant plants. Plants shall be utilized, which
are consistent with the rural character of the community and meet the fire department
requirements for fire resistant plants. Any trees and shrubs used in the landscaping
scheme for this project shall be planted in a way that will not result in a hedge like
screening and as not to impair views of neighboring properties but to screen the project
site.
Prior to obtaining a grading permit, detailed landscaping and irrigation plan
shall be submitted to the City which shall be in substantial compliance with the
preliminary landscaping plan on file with the Planning Department dated October 13,
Reso. 2015-22 6
1 Middleridge Lane S.
• •
2015 and shall be in compliance and subject to the City's Water Efficient Landscape
Ordinance, Chapter 13.18 of the Municipal Code.
K. Grading for this project shall not exceed 6,900 cubic yards total (cut and
fill) and shall be balanced on -site. The disturbance of the lot shall not exceed 46,008
square feet or 38.5% of the net lot area.
L. The existing building pad of 58,514 square feet shall remain and the
structural coverage on the pad shall be affected by this project and remain at 18%.
M. The lunging ring shall be fenced in. The perimeter fence of the property
may serve as the fence for the riding arena. There shall be no lighting of the arena and
lunging ring.
N. Should a mirror be installed in the future at the Arena or Lunging Ring,
and if reflection of the sun off the mirror causes glare on adjoining properties, it shall be
the responsibility of the property owner or installer to mitigate this problem in a timely
manner.
O. A drainage plan shall be prepared and approved by Building and Safety
prior to issuance of a grading permit. Such plan shall be subject to LA County Code
requirements.
P. 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, if required, 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.
Q. The surface of the rings shall remain permeable at all times and not be
paved or covered by pavers, including when the uses are not used for keeping of
horses.
R. Perimeter easements and trails, if any, including roadway easements shall
remain free and clear of any improvements including, but not be limited to, fences
including construction fences, landscaping, irrigation and drainage devices, except as
otherwise approved by the Rolling Hills Community Association.
S. 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.
Reso. 2015-22 7
1 Middleridge Lane S.
• •
T. 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.
U. 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
drainage facilities management.
V. 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.php?suite=safety&page=hazard_definitions#FIR
E. 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.
W. The project must be reviewed and approved by the Rolling Hills
Community Association.
X. The applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective.
PASSED, PPRO ' : ' AND A
//"<\
BR#D -I , CHAIRMAN
ATTEST: • •
HEIDI LUCE, CITY CLERK
THIS 17th DAY OF NOVEMBER, 2015.
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. 2015-22 8
1 Middleridge Lane S.
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) g§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2015- 22 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT, SITE PLAN REVIEW AND VARIANCES FOR GRADING AND
CONSTRUCTION OF A RIDING ARENA, LUNGING RING TO BE
LOCATED IN THE FRONT YARD AREA OF THE LOT AND TO
RETAIN AN AS BUILT GAZEBO IN THE FRONT YARD AREA OF THE
LOT IN ZONING CASE NO. 890 AT 1 MIDDLERIDGE LANE SOUTH,
(LOT 167-UR), (POPOVICH).
was approved and adopted at regular meeting of the Planning Commission on
November 17, 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
HEIDI LUCE, CITY CLERK
Reso. 2015-22
1 Middleridge Lane S.
9
•
Ibis is a true and certified copy of the record
Ott bears the seal, imprinted in purple ink,
Oldie Registrar-Recorder/County Clerk
JAN 2 6 2016
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CS