439, Construct a pool & spa with th, Correspondencey
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October 3, 1991
Mr. and Mrs. Ralph Schmoller
4 Middleridge Lane South
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
SUBJECT: ZONING CASE NO. 439: Request for a Variance to encroach
into the side yard setback in order to construct a
swimming pool and spa, Request for Site Plan Review to
determine the compatability of the pool and spa with the
site.
Dear Mr. and Mrs. Schmoller:
Thank you for meeting with me on Tuesday, September 24, 1991 to
discuss the location of your pool, spa and pool equipment as
approved by the Planning Commission.
On November 3, 1990, the Planning Commission approved the subject
zoning case along with a Development Plan. Since that time, it has
come to our attention that the pool equipment has been constructed
in the front yard setback and does not conform with the approved
Development Plan. There is also a large waterslide construction
that also seems to encroach into the front yard setback.
To remedy the situation, the Planning Department requests that you
resubmit a plot plan by a licensed surveyor to show the exact
locations of all existing structures and flatwork on your property.
Then, we can determine whether a modification to the existing
zoning case will be required.
We have notified the Assistant City Attorney and the Los Angeles
County Division of Building and Safety about this requirement.
Should you fail to provide the appropriate plot plan within the
next two weeks, by October 18, 1991, you will compel the City to
issue a "stop work order" which means that no further work or
inspections at the property will be permitted.
ZONING CASE NO. 439
PAGE 2
You may call me at (213) 327-1521 if you have any questions about
the disposition of this case.
Sirygerely,
LOLA UNGAR?fl"(--
PRINCIPAL PLANNER
ENCLOSURE: Resolution No. 90-37 & Reduced copy of Development Plan
cc: Mr. Craig Nealis, City Manager
Mr. Kevin Ennis, Assistant City Attorney
Ms. Lata Thakar, District Engineer
Ms. Peggy Minor, Community Association
RESOLUTION NO. 90-37
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE
TO THE SIDE YARD SETBACK AND SITE PLAN REVIEW
APPROVAL IN ZONING CASE NO. 439
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 Mr. & Mrs.
Ralph Schmoller with respect to real property located at 4
Middleridge Lane South, Rolling Hills (Lot 256-UR) requesting a
variance to the side yard setback requirement to construct a swimming
pool and spa and site plan review to construct a swimming pool and
spa.
Section 2. The Planning Commission conducted a duly
noticed public hearing to consider the application on July 17, 1990
and August 21, 1990; and conducted a field review on August 4, 1990.
Section 3. Sections 17.32.010 through 17.32.030 permit
approval of a variance from the standards and requirements of the
Zoning Ordinance when exceptional or extraordinary circumstances
applicable to other similar properties in the same zone prevent the
owner from making use of the property to the same extent enjoyed
by similar properties. Section 17.16.070 (A) requires a side yard
setback in the RAS - 2 Zone to be 35 feet. The applicant is
requesting that a swimming pool and spa be constructed to encroach 15
feet into the side yard setback. Pursuant to these Sections, the
Planning Commission finds that:
A. There are exceptional or extraordinary circumstances or
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 vicinity and zone because there
exists topographical and property development constraints
that justify the proposed swimming pool and spa within the
side yard setback, since the existing lot is nonconforming
in net lot area for RAS - 2 zoned parcels, but borders the
RAS - 1 zone and can comply with setbacks in this zone.
Further, the lot is irregularly shaped with most of the
flat area in the side yard.
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 development pattern and the physical setting of
the property, the property cannot be developed
significantly within the front and rear yards. Further,
the proposed pool and spa will be compatible in size with
the surrounding properties.
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 proposed project is
developed at a point far removed from the roadway and
surrounding residences.
Section 4. Based upon the foregoing findings, the
Commission hereby approves the Variance for Zoning Case No. 439 to
permit the construction of a swimming pool and spa encroaching 15
feet within the 35 foot side yard setback, as indicated in the
Development Plan submitted with this application and incorporated
herein by reference as Exhibit A, and subject to the conditions
outlined in Section 7 of this Resolution.
Section 5. Section 17.34.010 requires a development plan
to be submitted for Site Plan Review and approval before any building
or structure may be constructed or any expansion, addition,
alteration or repair to existing buildings may be made which involve
changes to grading or an increase to the size of the building or
structure by more than twenty-five (25%) percent in any thirty-six
(36) month period.
of fact:
Section 6. The Commission makes the following findings
A. The proposed development is compatible with the General
Plan, the Zoning Ordinance and surrounding uses because the
proposed structure complies with the General Plan
requirement of low profile, low density residential
development with sufficient open space between surrounding
structures. The project conforms to lot coverage
requirements. The lot has a net square foot area of 59,466
square feet. The proposed swimming pool and spa,
residential structure, garage, and future stable will have
4,700 square feet which constitutes 7.9% of the lot, which
is within the maximum 20% structural lot requirement. The
total lot coverage including paved areas and driveway will
be 11,200 square feet which equals 18.8% of the lot, which
is within the 35% maximum overall lot coverage
requirement. The proposed project is similar and
compatible with neighboring development patterns.
B. The proposed development preserves and integrates into
the site design, to the maximum extent feasible, existing
natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage
courses, and land forms (such as hillsides and knolls)
because excavation for the project will be done on
generally flat area, thereby preserving most of the
existing slope and mature vegetation.
C. The development plan follows natural contours of the
site and the existing drainage courseswill continue to the
front and rear of the site.
•
D. The development plan incorporates surrounding native
vegetation and supplements it with landscaping that is
compatible with and enhances the rural character of the
community.
E. The development plan substantially preserves the
natural and undeveloped state of the lot by minimizing
structure coverage because the proposed pool and spa will
not cause the structural and total lot coverages to be
exceeded.
F. The proposed development is harmonious in scale and
mass with the site, the natural terrain and surrounding
residences because the proposed project is of consistent
scale and setbacks with the neighborhood pattern of
development.
G. The proposed development is sensitive and not
detrimental to convenience and safety of circulation for
pedestrians and vehicles because the proposed project will
be scheduled and removed from the roadway beyond the
required front yard setback.
H. The project conforms with the requirements of the
California Environmental Quality Act and is categorically
exempt from the environmental review.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the site plan review application for a
proposed swimming pool and spa to the property located at 4
Middleridge Lane South as indicated on the development plan attached
hereto as "Exhibit A" and subject to the following conditions:
A. The variance approval shall expire if not used within
one year from the effective date of approval as defined and
specified in Section 17.32.110 of the Municipal Code.
B. The proposed building plan must be approved by the
Rolling Hills Community Association Architectural Committee
before the applicant receives a building or grading permit,
if applicable, from the County of Los Angeles.
C. If applicable, submittal of a final grading plan to
the County of Los Angeles, the grading plan shall be
submitted to the Rolling Hills Planning Department staff
for their review, along with related geology, soils and
hydrology reports. This grading plan must conform to the
development plan as approved by the Planning Commission.
Cut and fill slopes must conform to the City standard 2 to
1 slope ratio.
ATTEST:
D. A landscape plan must be submitted to the City of
Rolling Hills Planning Department staff for approval. The
landscaping plan submitted must comply with the purpose and
intent of the Site Plan Review Ordinance, and shall
incorporate existing mature trees and native vegetation.
The landscaping plan shall provide for substantial
screening of the pool area from the adjacent property and
street. The landscaping plan shall include plants that are
native or common to the Community which will be consistent
with and enhance the rural character of the Community. A
bond in the amount of the cost estimate of the landscaping
plus 15% may be required to be posted and retained with the
City for not less than two years after landscape
installation. The retained bond will be released by the
City after the City Manager (or the Landscape Committee of
the Rolling Hills Community Association, if appointed to
act for this purpose in the place of the City Manager)
determines that the landscaping was installed pursuant the
landscaping plan as approved, and that such landscaping is
property established and in good condition.
E. The working drawings submitted to the County
Department of Building and Safety for plan check must
conform to the development plan approved with this site
plan review.
F. Any modifications to the development plans approved by
the Planning Commission shall require the filing of an
application for modification of the development plan and
must be reviewed and approved by the Planning Commission
pursuant to Section 17.43.070 of the Rolling Hills
Municipal Code.
G. The applicant shall execute an affidavit of acceptance
of all conditions pursuant to Section 17.32.087 or this
variance and site plan review approval shall not be
effective.
H. All conditions of this Variance and Site Plan Review
approvals must be complied with prior to the issuance of a
building or grading permit from the County of Los Angeles.
PASSED, APPROVED AN ADOPTED this Ira day of November ,
1990.
Allan Roberts, Chairman
Deputy City dlerk
GASEN'ENT
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EDWARD CARSON BEALL, A.I.A. AND ASSOCIATES
INTERIORS
EDWARD CARSON BEALL, A.I.A., A.I.C.P.
GEORGE C. SHAW, A.I.A.
FRANK J. BALOGH, A.I.A.
MILES E. PRITZKAT, A.I.A.
JOLT M. HORI, A.I.A.
WON NA NG, A.I.A.
SUSAN R. BEALL, A.S.I.D.
ARCHITECTURE PLANNING
MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
February 11, 1991
Mr. Craig Nealis, City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California. 90274
Dear Mr. Nealis,
FEB 13 1991
CITY OF• ROLLING HILLS.
..w...ra•'t .....aasmr
By....
To meet the 'land development permit process' of the city and to facilitate
the construction of a swimming pool for Mr. and Mrs. Ralph Schmoller, 4
Middleridge Lane South, our firm has been asked to provide an estimate for
the cost of preliminary landscaping / screening / irrigation. Dodonaea
Viscosa (Purple Hopseed Bush) is recommended as screening material (in
keeping with the rustic nature of the area) planted on 3' centers, utilizing a
drip irrigation system.
The estimated cost is $1,700.00. Enclosed you will find a Preliminary
Landscape Plan showing the screening only and information on the
suggested plant material.
Yours truly,
EDWARD CARSON BEALL AND ASSOCIATES
JH:amb
Enclosure
23 72 7 HAWTHORNE BOULEVARD
TORRANCE, CALIFORNIA 90505 (213) 378 - 1280
FAX (213) 3 75-95 30
•City 0/ led/bay
Mr. & Mrs. Ralph Schmoller
4 Middleridge Lane South
Rolling Hills, CA 90274
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
November 13, 1990
SUBJECT: ZONING CASE NO. 439; Request for an Approval for a Variance
to the side yard setback requirement to construct a
swimming pool and spa for a Site Plan Review in regards to
the above stated property.
Dear Mr. & Mrs. Schmoller:
This is to inform you that the City Council, at their meeting on
November 13, 1990, received and filed the Planning Commission's
approval of the above referenced planning/zoning case application.
Pursuant to Section 17.32.087, Ordinance No. 207, an Affidavit
of Acceptance form must be executed before the above approval becomes
effective. A copy of the Resolution of Approval, specifying
conditions of approval set forth by the Planning Commission, is
enclosed for your information. Once you have reviewed the Resolution
of Approval, please complete the enclosed Affidavit of Acceptance
form, have the signature(s) notarized, and forward the Affidavit to
the Office of the County Recorder, Room 15, 227 North Broadway, Los
Angeles, CA 90012, with a check in the amount of
$ 7.00. When the Affidavit of Acceptance has been returned to the
City, duly executed and recorded, the Los Angeles County Department
of Building and Safety will'be notified that a permit can be issued.
Please feel free to call Ms. Anne Palatino, Interim Principal
Planner, at 377-1521, if you have any questions.
/jr
Encls.
Very truly,
Rai,,re„t;
Anne Palatino
Interim Principal Planner
For Recorder use
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
Please record this form with theRegistrar-Recorder's Office and
return to:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be notarized
before recordation.)
Acceptance Form
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CONDITIONAL USE PERMIT CASE N0.
VARIANCE CASE NO. 439 (Resolution #90-37)
SITE PLAN REVIEW CASE NO. 439 (Resolution #90-37)
I (We) the undersigned state:
I am (We are) the owner(s). of the real property described as follows:
4 Middleridge Lane South, Rolling Hills, CA 90274 (Lot 256-UR)
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions in said
Conditional Use Permit Case No.
Variance Case No. 439 (Resolution #90-37)
Site Plan Review Case No. 439 (Resolution #90-37)
I (We) certify (or declare) under the penaltyof perjury that the
foregoing is true and correct.
(Where the owner and applicant.are not the same, both must sign.)
Type or print
Applicant Name
Address
City, State
Signature
Owner Name
Address
City, State
Signature
This signature must
be acknowledged by a
notary public. Attach
appropriate acknowledgement.
• s
Ciiy a/ R0ff4 JUL
November 8, 1990
Mr. & Mrs. Ralph Schmoller
11 Middleridge Lane South
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
SUBJECT: ZONING CASE NO. 439:
Request for a Variance to encroach into the side yard
setback in order to construct a swimming pool and spa;
Request for Site plan Review to determine the compatibility
of the Pool and Spa with the Site.
Dear Mr. & Mrs. Schmoller:
Pursuant to Section 17.32.090 (enclosed) of the Rolling Hills
Municipal Code, this letter shall serve as official notification that
the above -stated Zoning Case application was reviewed by the Planning
Commission at their regular meeting of November 3, 1990. At that
meeting, the Planning Commission voted to approve the above request.
The Planning Commission's decision will be reported to the City
Council at their regular meeting on November 12, 1990. The decision
of the Planning Commission may be appealed pursuant to Sections
17.32.140 and 17.32.150 (enclosed) of the Municipal Code. A copy of
Resolution 614, establishing the fee for filing an appeal, is also
enclosed for your information.
Should you have any questions regarding this matter, please contact
this office.
Sincerely,
CITY OF ROLLING HILLS
Anne Palantino
Interim Principal Planner
Encls
/jr
CC: Ms. Peggy Minor, RHCA Manager
i f
City ofieolliny flit/3
October 1, 1990
Mr. & Mrs. Ralph Schmoller
4 Middleridge Lane South
Rolling Hills, CA 90274
Subject: ZONING CASE NO. 439
Dear Mr. & Mrs. Schmoller:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521 1
FAX: (213) 377.7288
The Planning Commission, at their regular meeting of September 18,
1990, continued the above stated application to an adjourned meeting
on Saturday, October 6, 1990, 7:30 A.M. The purpose of the future
meeting will be to conduct a field inspection of the subject site and
surrounding properties. The property must be prepared to exhibit the
proposed project, and the owner and/or representative should be
present. Any further questions, please contact the undersigned at
(213) 377-1521.
Sincerely,
CITY OF ROLLING HILLS
Ray Hamada
Principal Planner
RH : j r
cc: Ms. Kim Sullivan, Pacific Pools