861, Construct a pool, planters, st, Resolutions & Approval ConditionsRECORDING 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
01/zt/2015
A� 1!!J/II
�(IIjl ��Pn f i I1I1 Pi111; 1 !1 !� til .1 1!! Ij,,,il :,!,sill 'il!I,i II I
I �R�r rI„_la,!III! i 1u 1iil1lli it i!,Ii,1 Ijj III
lQS
T....�.,,ri°'n.�Esnai't34�UiJliilin9i
+ 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. 861 (SEE EXHIBIT A ATTACHED)
XX SITE PLAN REVIEW XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
2 MIDDLERIDGE LANE SOUTH, ROLLING HILLS, CA 90274 (LOT 168-RH)
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. 861
XX VARIANCE XX SITE PLAN REVIEW
I (We) certify (or declare)claunder the penalty of perjury that the foregoing is true and correct.
/<l�.iis .r 12 ..s
Signature Signature
/ YU /t/t i (6/-/,QJ5e
Name typed or printed Name typed or printed
2 (i 4- L-LtAr S J2 .
Address Address
/dam L-L-, is1 J-t>2s (?�► y'
City/State / City/State
• •
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 California
County of I
nac7C,o
On /2C)/
personally appeared
before me,.
v -le Y1
(Insert Name of Notary Public and Title)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s)
bscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his -heir -authorized capacity(ies), and that by
eir 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
(Seal)
ANDREW HOLZBAUR
Commission # 1927743 Lc
Notary Public - California z
Marin County
My Comm. Expires Mar 5, 2015
•
• rr
RESOLUTION NO. 2014-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A SWIMMING POOL AND A SPA AND A VARIANCE
TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN
ZONING CASE NO. 861, AT 2 MIDDLERIDGE LANE SOUTH, LOT 168-RH,
(JOHNSON). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
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. Kenneth Johnson with respect
to real property located at 2 Middleridge Lane South (Lot 168-RH) requesting a Site
Plan Review and a Variance to grade an area to the north of his proposed single family
home and, within the graded area, construct an 800 square foot swimming pool, 58
square foot spa, 2,910 square feet of on -grade decking and related stairs, retaining
walls and planters. The project requires approval of a Site Plan Review due to the
proposed grading and size of pool/spa (> 800 square feet) and a Variance because the
proposed grading will exceed by 1.65% the maximum 40% of the net lot area that is
allowed to be disturbed.
Grading consists of 235 cubic yards total, including a cut of 164 cubic yards for the pool
and yard areas, and 71 cubic yards of fill in the yard areas. The cut/fill balance of 93
cubic yards of dirt will be exported from the site.
Section 2 The property is zoned RAS-2 and is located on the corner of
Middleridge Lane North and Middleridge Lane South. Not including the roadway
easements, the lot is 1.88 acres (81,893 sq.ft.). For development purposes the net lot
area of the lot is 70,015 square feet or 1.6 acres. The lot is irregular in shape as it
narrows where the two streets converge. The lot is encumbered by wide easements
and front and rear setbacks. In January 2014 the Planning Commission approved
construction of a new single family residence on the lot, where the old house was
demolished.
Section 3. An area for a future stable and corral is proposed to the south of
the residence, 25-feet from the south property line, with future access from
Middleridge Lane South. This area is relatively flat and minimal grading will be
required. A Variance was granted with the application for the residence to encroach
10-feet into the required 35-foot side setback with the set aside area.
Section 4. The Planning Commission conducted duly noticed public hearings
on the subject application on August 19 and September 16 and in the field on
Reso. 2014-14
ZC NO. 861
1
September 16, 2014. 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 arid from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicant and
applicant's representative were in attendance at the hearings. Adjacent property
owners to the south of this site expressed support for the project.
Section 5. The Planning Commission finds that the project qualifies as a
categorical exemption from environmental review under the California Environmental
Quality Act.
Section 6. The applicant seeks a variance from the 40% maximum disturbed
area standard set forth in Section 17.16.070 of the Rolling Hills Municipal Code.
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. Additional findings are also required, as detailed herein. 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 that do not apply generally to other properties in the same
vicinity and in the same zone. Section 17.16.070 of the Municipal Code provides that
disturbance shall be limited to 40% of the net lot area. The lot is irregular in shape and
has two very long frontages along Middleridge Lane South and Middleridge Lane
North, and less than average depth towards the northern portion of the lot where the
two streets converge.
The shape of the lot with wide and long roadway easements on two sides of the
property, due to the convergence of two streets at the northern tip of the property,
reduce the size of the net lot, as calculated by the City for development purposes. The
gross lot area of the lot is 2.53 acres. With the deductions of the roadway easements
and additional 10' all around the property for development purposes, the net lot area,
against which disturbance is calculated is reduced to 1.6 acres.
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 would be denied to the property in question absent a variance. Due to the
configuration of the property, which fronts on two converging streets with large
roadway easements; the roadways easements plus ten feet adjacent thereto on both
frontages, are not included in the net lot area calculations, therefore considerably
diminishing the size of the lot. Construction of the pool and decks will increase the
disturbed area on the site from its current 39.5% of the net lot area to approximately
41.65%, which includes the future stable. The overage is not significant and the
Reso. 2014-14 2
ZC NO.861
property owner should not be denied the privilege of a pool and deck because the
shape and location of the lot makes it infeasible to comply strictly with Section
17.16.170.
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. A minor increase in the overall percentage of
disturbed area on the lot will have no effect on the public welfare or on property or
improvements in the vicinity.
D. In granting the variance, the spirit and intent of the Zoning Ordinance
will be observed. The purpose of the Zoning Ordinance is to regulate development in
an orderly fashion and in a manner consistent with the goals and policies of the
General Plan. Approval of the variance will not impede any goals of the Zoning
Ordinance or the General Plan. Rather, the variance will allow the property owner to
enjoy the same rights and privileges afforded to other property owners in the vicinity.
The overage requested is not substantial and does not undermine the spirit or intent
of the Zoning Ordinance.
E. 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 7. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit or any
new building or structure may be constructed including a swimming pool that
exceeds 800 square feet in water surface size area. With respect to the Site Plan Review
application requesting grading and construction of a new pool and spa, 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 structures comply
with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The lot size
is adequate to accommodate the new pool and not look overdeveloped. The proposed
pool is modest in size as compared with the newer pools on similar lots. The project
conforms to Zoning Code lot coverage requirements.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped. Significant portions of the lot
will be left undeveloped so as to maintain open space on the property. The existing
shrubs and trees on the northern portion on the parcel will remain and will screen the
pool from the road. The nature, condition, and development of adjacent uses,
buildings, and structures and the topography of the lot have been considered, and the
Reso. 2014-14
ZC NO. 861
3
construction of the proposed structures will not adversely affect or be materially
detrimental to the adjacent uses, buildings, or structures because the proposed
structures will be constructed on a portion of the lot which is least intrusive to
surrounding properties, will be screened and landscaped with trees and shrubs, is a
sufficient distance from nearby residences so that the proposed structures will not
impact the view or privacy of surrounding neighbors, and will utilize for a portion of
the construction the existing building pad.
C. 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 maximums set forth in the Zoning Code will not be
exceeded. The proposed construction is compatible in scale and mass with adjacent
properties.
D. The development plan incorporates existing trees and is screened from
other properties and the road by existing mature vegetation, which will be preserved.
As part of this approval, the applicants are required to additionally screen the pool
from the roadway.
E. The development plan follows natural contours of the site to minimize
grading and retain the natural drainage courses. Grading for this project will involve
164 cubic yards of cut and fill, total and 93 cubic yards will be exported from the site,
which is allowed and is minimal. The grading will be generated from the construction
of the deck and the excavation of the pool. Half of the disturbance or grading will take
place within the existing building pad area, which was previously disturbed.
F. The development plan will introduce additional landscaping, which is
compatible with and enhances the rural character of the community, and the
landscaping will provide a buffer or transition area between private and public areas.
G. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the pool is
located on the opposite side as the driveway and no changes are proposed to the
driveway
H. The project conforms to the requirements of the California
Environmental Quality Act and is exempt
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 861 a Site Plan Review for a new pool and spa and
grading and Variances to exceed the maximum permitted disturbance subject to the
following conditions:
Reso. 2014-14
ZC NO. 861
4
A. The Site Plan and Variance approvals shall expire within two years from
the effective date of approval as defined in Sections 17.46.070 and 17.38.080, unless
otherwise extended pursuant to the requirements of this section.
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. The conditions specified herein shall be printed on all future plans and
shall be available at the construction site at all times.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated September 16, 2014 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 Variance and SPR approvals, herein as applicable, shall be
incorporated into the building permit working drawings and complied with prior to
issuance of a building permit from the building department.
E. 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. The conditions of this approval shall be
printed on the plans.
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 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.
G. Structural lot coverage of the lot shall not exceed 7,842 square feet or
11.2% of the net lot area, in conformance with lot coverage limitations (20%
maximum).
Reso. 2014-14
ZC NO. 861
5
The total lot coverage proposed including structures and flatwork shall not exceed
18,355 square feet or 26.2%, of the net lot area, in conformance with lot coverage
limitations (35% max).
H. Grading for this project shall consist of 164 cubic yards of cut and 71
cubic yards of fill, with 93 cubic yards exported. The disturbed area of the lot,
including the future stable and corral shall not exceed 41.65%.
I. The set aside for stable and corral may encroach no more than 10 feet
into the side yard setback.
J. The residential building pad shall be 22,082 square feet and will have
coverage of 33.5%.
K. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on
said property.
L. A drainage plan, if required by the Building Department shall be
prepared and approved by City Staff prior to issuance of a construction permit. Such
plan shall be subject to County Code requirements.
M. A landscaping plan shall be submitted to the City for the graded areas,
swimming pool and deck area. The landscaping shall not form a hedge like screen but
be offset. The height of new trees, if planted, and shrubs shall not at any time exceed
the ridgeline of the roof of the residence. 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.
If landscaping of 5,000 square foot area or greater is introduced or redevelop,
the landscaping shall be subject to the requirements of the City's Water Efficient
Landscape Ordinance.
N. Perimeter easements, including roadway 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 Rolling Hills
Community Association.
O. 50% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permit for waste hauling prior to start of work.
Reso. 2014-14
ZC NO. 861
6
There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter on the property, into the canyon, easements, roadway or
adjacent properties.
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. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
R. 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 and to the City's Low Impact
development Ordinance (LID), if applicable.
S. 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.
T. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project, including grading, decks, change in
elevation of the proposed deck and any additional development on the property, shall
require the filing of a new application for approval by the Planning Commission.
U. 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.
rPASSED, VPRO yai AND ADOP E ' HIS 21st DAY OF OCTOBER 2014.
/•
,�� l
BRAD CHELF, CHAIRIVIAN
ATTEST:
Okijide. Lig)
HEIDI LUCE, CITY CLERK
Reso. 2014-14
ZC NO.861
7
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2014-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A SWIMMING POOL AND A SPA AND A VARIANCE
TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN
ZONING CASE NO. 861, AT 2 MIDDLERIDGE LANE SOUTH, LOT 168-RH,
(JOHNSON). THE PROJECT HAS BEEN DETERMINED TO BE EXEMPT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
was approved and adopted at regular meeting of the Planning Commission on
October 21, 2014 by the following roll call vote:
AYES: Commissioners Kirkpatrick, Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Gray.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE, CITY CLERK
Reso. 2014-14
ZC NO. 861
8
•
RE IV
JAN 2 1 2015
City of Rolling Hills
By
RESOLUTION NO. 2014-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION
OF A NEW RESIDENCE, AND VARIANCES TO ENCROACH WITH A
PORTION OF THE RESIDENCE INTO THE REAR SETBACK WITHIN THE
FOOTPRINT OF THE EXISTING ENCROACHMENT AND TO ENCROACH
INTO THE SIDE SETBACK WITH THE SET ASIDE AREA FOR A FUTURE
STABLE AND CORRAL IN ZONING CASE NO. 847, AT 2 MIDDLERIDGE
LANE SOUTH, LOT 168-RH, (JOHNSON). THE PROJECT HAS BEEN
DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
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. Kenneth Johnson with respect
to real property located at 2 Middleridge Lane South (Lot 168-RH) requesting a Site
Plan Review and a Variance to demolish existing residence and construct a new
residence, a portion of which would encroach into the rear setback within the footprint
of the existing house encroachment and Variance to encroach into the side setback with
a set aside area for a future stable and corral. The proposed residence would be 4,980
square feet with 980 square foot garage. The rear yard encroachment would be 361
square feet.
Section 2 The property is zoned RAS-2 and is located on the corner of
Middleridge Lane North and Middleridge Lane South. Not including the roadway.
easements, the lot is 1.88 acres. For development purposes the net lot area of the lot is
70,015 square feet or 1.6 acres. Records show that the house and garage were
constructed in 1948 and the house was remodeled in 1955. The lot is irregular in shape
as it narrows where the two streets converge. The lot is encumbered by wide
easements and front and rear setbacks.
Section 3. The property is developed with a 2,830 square foot single family
residence, 460 square foot garage, a fountain and 200 square foot attached trellis. 361
square feet of the existing residence encroaches into the rear yard setback and is
proposed to be reconstructed within that setback.
Section 4. An area for a future stable and corral is proposed to the south of
the residence, 25=feet from the south property line, with future access from
Middleridge Lane South. This area is relatively flat and minimal grading will be
required. A Variance is requested to encroach 10-feet into the required 35-foot side.
setback with the set aside area.
Reso. 2014-02
ZC No. 847
1
• •
Section 5. The Planning Commission conducted duly noticed public hearings
on the subject application on November 19, 2013, December 17, 2013 and in the field on
December 17, 2013. 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 applicant's
representative were in attendance at the hearings. Adjacent property owners expressed
concerns with the location of the set aside for the stable and requested that it be
moved. Based on the neighbors' request and review of the area by the Planning
Commission, the Commission is hereby granting the Variance to move the stable and
corral area into the side setback
Section 6. The Planning Commission finds that the project qualifies as a
categorical exemption from environmental review under the California Environmental
Quality Act.
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 side yard setbacks be free of structures and wishes to set aside an
area for a future stable and corral that would encroach a maximum 10 feet into the 35
foot side yard setback. 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 existing lot is irregular in
shape and has two very long frontages along Middleridge Lane South and
Middleridge Lane North, and less than average depth. The set aside will be located
further south and east than originally proposed to allow open space near the front of
the lot, be further away from the neighbors' pool and entertaining areas, and meet the
distance requirement between the residence and the set aside area. The topography of
the lot, the shape of the lot with wide and long front and rear setbacks, due to the
convergence of two streets at the northern tip of the property, together with the fact
that the stable and corral pad is mostly existing and very limited grading would be
required, if constructed, create difficulty in constructing a stable and corral elsewhere
on the property.
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 graded
Reso. 2014-02
ZC No. 847
2
• •
pad, irregular lot configuration it would be a hardship to locate the stable in the rear.
The expansive open space in the side yard comfortably supports a stable. The limited
depth of the property and slopes in the rear places a hardship on locating the stable in
the rear. The proposed stable is to be located on an already graded area, therefore
preserving the natural terrain of the remaining of the property. The proposed location
was recommended by the neighbors and concurred by the Planning Commission.
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 a stable would not affect any neighbor's views
and therefore property value and would be screened from the street. Development of
the stable in the front yard setback 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. 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 rear yard setbacks be free of structures and wishes to encroach with a
portion of the reconstructed residence into the rear setback. 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 existing lot is irregular in
shape and has two very long frontages along Middleridge Lane South and
Middleridge Lane North, and less than average depth towards the northern portion of
the lot where the two streets converge. The existing residence encroaches 361 square
feet into the rear setback and the applicant wishes to encroach the same amount and.
in the same footprint with the new residence. The topography of the lot, the shape of
the lot with wide and long front and rear setbacks, due to the convergence of two
streets at the northern tip of the property create difficulty in constructing the house
within the required rear setback. The applicant will utilize the same footprint as the
Reso. 2014-02
ZC No. 847
3
• •
existing house, plus added square footage, and therefore very limited grading is
required.
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 graded
area and availability of the building pad, irregular lot configuration it would be a
hardship to locate the house elsewhere on the lot. The shape and configuration of the
house with the minimal encroachment into the rear setback comfortably supports the
encroachment. The limited depth of the property and slopes in the rear places a
hardship on locating it elsewhere. The proposed encroachment is to be located on an
already graded area, therefore preserving the natural terrain of the remaining of the
property.
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 encroachment is already existing and will
not be greater, the neighbors have not objected to the encroachment in the past and it
would not affect any neighbor's views and therefore property value and would be
screened from the street. Development of the encroachment 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 of low density, low profile developments.
Section 9. Section 17.46.030 requires a development plan to be submitted for
Site Plan Review and approval before any grading requiring a grading permit or any
new 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 not more than 999 square feet in any
thirty-six (36) month period. With respect to the Site Plan Review application
requesting grading and construction of a new residence, 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 structures comply
with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The lot size
Reso. 2014-02
ZC No. 847
4
• •
is adequate to accommodate the new residence and not look overdeveloped. The
proposed residence is modest insize as compared with the newer homes on similar
lots. The project conforms to Zoning Code lot coverage requirements. The net lot area
of the lot is 70,015 square feet. The structural net lot coverage is proposed at 9.9%,
which includes all the structures, with allowance for permitted deductions, (20% max.
permitted); and the total lot coverage proposed, including the future 450 square foot
stable would be 21.4%, (35% max. permitted). The disturbed area of the lot is
proposed at 39.5%, which includes disturbance for a future stable and corral.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped and would be located in the
same footprint as the existing residence, with additional square footage in an already
disturbed area. Significant portions of the lot will be left undeveloped so as to
maintain open space on the property. The rear of the lot is steep and the natural
topography of the sloped areas will remain. The nature, condition, and development
of adjacent uses, buildings, and structures and the topography of the lot have been
considered, and the construction of the new house will not adversely affect or be
materially detrimental to the adjacent uses, buildings, or structures because the
proposed structure will be constructed on a portion of the lot which is least intrusive
to surrounding properties, will be screened and landscaped with trees and shrubs, is a
sufficient distance from nearby residences so that the proposed structures will not
impact the view or privacy of surrounding neighbors, and will utilize the existing
building pad.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
house is not excessive for the size of the lot. The project takes advantage of the
existing building pad and eliminates additional grading, therefore preserving the
natural terrain in the rear and front of the lot.
D. The development plan incorporates existing trees and is screened from
other properties, which will be preserved. The project will be further screened from
the adjacent property owner to the south.
E. The development plan follows to the maximum extent practicable
contours of the site to minimize grading and retain the natural drainage courses. The
project utilizes the existing building pad area, and minimal grading is required.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the existing
driveway will be utilized and a larger than existing garage will be constructed to
house more cars.
Reso. 2014-02
ZC No. 847
5
G. The project conforms to the requirements of the California
Environmental Quality Act and is exempt.
Section 10. Based upon the foregoing findings, the Planning Commission
hereby approves Zoning Case No. 847 a Site Plan Review for a new residence and
Variances to encroach with a portion of the residence into the rear setback and to
encroach with the stable and corral set aside area into the side setback subject to the
following conditions:
A. The Site Plan and Variance approvals shall expire within two years from
the effective date of approval as defined in Sections 17.46.070 and 17.38.080, unless
otherwise extended pursuant to the requirements of this section.
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.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated December 30, 2013 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 Variances and SPR approvals, herein as applicable, shall be
incorporated into the building permit working drawings and complied with prior to
issuance of a building permit from the building department.
E. 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. The conditions of this approval shall be
printed on the plans.
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 all of the
conditions set forth therein and the City's Building Code and Zoning Ordinance.
Reso. 2014-02
ZC No. 847
6
•
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.
G. Structural lot coverage of the lot shall not exceed 6,909 square feet or
9.9% 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
15,012 square feet or 21.4%, of the net lot area, in conformance with lot coverage
limitations (35 % max).
H. Grading for this project shall consist of 144 cubic yards of cut and 144
cubic yards of fill, mostly for the widened driveway. The disturbed area of the lot,
including the future stable and corral shall not exceed 39.5%.
I. The set aside for stable and corral may encroach no more than 10 feet
into the side yard setback.
J. The residential building pad shall be 21,150 square feet and will have
coverage of 28.7%.
K. The new residence may encroach 361 square feet into the rear setback,
within the same footprint as the existing residence. No basement or "story" may be
constructed under the area of encroachment. Mechanical equipment may be stored in
that space.
L. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on
said property, roofing and material requirements of properties in the Very High Fire
Hazard Severity Zone.
M. All utility lines to the residence shall be placed underground, subject to
all applicable standards and requirements.
N. A drainage plan, if required by the Building Department shall be
prepared and approved by City Staff prior to issuance of a construction permit. Such
plan shall be subject to County Code requirements.
O. A landscaping plan shall be submitted to the City in conformance with
Fire Department Fuel Modification requirements. Prior to finaling the project, trees and
shrubs shall be planted to screen the project from the neighbors, including the area of
the future stable and corral. The landscaping shall not form a hedge like screen but be
offset. The height of the trees and shrubs shall not at any time exceed the ridgeline of
the roof of the structures. The landscaping plan shall utilize to the maximum extent
Reso. 2014-02
ZC No. 847
7
feasible, plants that are native to the area and are consistent with the rural character of
the community.
If landscaping of 5,000 square foot area or greater is introduced or redevelop,
the landscaping shall be subject to the requirements of the City's Water Efficient
Landscape Ordinance.
P. Perimeter easements, including roadway 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 Rolling Hills
Community Association.
Q. 50% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permit for waste hauling prior to start of work.
R. 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.
S. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
T. 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 and to the City's Low Impact
development Ordinance (LID).
U. 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.
V. 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. 2014-02
ZC No. 847
8
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JANUARY 2014.
ISRAD CHi LF,'HAII)IAN
ATTEST:
4th
HEIDI LUCE, CITY CLERK
Reso. 2014-02
ZC No. 847
9
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2014-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION
OF A NEW RESIDENCE, AND VARIANCES • TO ENCROACH WITH A
PORTION OF THE RESIDENCE INTO THE REAR SETBACK WITHIN THE
FOOTPRINT OF THE EXISTING ENCROACHMENT AND TO ENCROACH
INTO THE SIDE SETBACK WITH THE SET ASIDE AREA FOR A FUTURE
STABLE AND CORRAL IN ZONING CASE NO. 847, AT 2 MIDDLERIDGE
LANE SOUTH, LOT 168-RH, (JOHNSON). THE PROJECT HAS BEEN
DETERMINED TO BE EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at regular meeting of the Planning Commission on
January 21, 2014 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Mirsch, 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
act
HEIDI LUCE, CITY CLERK
Reso. 2014-02
ZC No. 847
10