610, Rebuild swimming pool, Resolutions & Approval Conditions1111_1111111111111111j111111111111111,111
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00 1017688
RECORDED/FILED IN OFFICIAL RECORDS a
RECORDER'S OFFICE
LOS ANAL LES COUNTY
10:01 AM JUL 03 2000
r,
SPACE ABOVE THIS LINE FOR RECORDERS USE
TITLE(S)
Assessor's Identification Number (AIN)
To Be Completed By Examiner OR Title Company In Black Ink
D.T.T.
Number of Parcels Shown
THIS FORM IS NOT TO BE DUPLICATED
lo 1017688
RECORDING REQUESTED BY AND MAIL
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
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.610
SITE PLAN REVIEW
VARIANCES
CONDITIONAL USE PERMIT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
3 JOHNS CANYON ROAD (LOT 173-B-MS), ROLLING HILLS, CA
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO.610 SITE PLAN REVIEW
VARIANCES
+1 11— -* CONDITIONAL USE PERMIT
I(W
ce ify (odeclare) under the penalty of perjury thatJhe oregoing is true and correct.
e 7 01/oRR,s
or print-d
(/CD
A dress '
City/State
°State J )4'>//s, (�07. %off 7J t
Signatures must be acknowledged by a notary public.
Signature
Name typed or printed
Address
City/State
State of Califomia )
County of Los Angeles )
On 777 , A (o �-0-e before me, Bruno J: Sarti'ni, Jr.- Notary Public
personally
appeared J
L
L
T Recorders Use Only
personal) known to me proved to me on the basis of satisfactory evidence) to be the person(61 whose
name are subscribed o the within instrument and acknowledged to me that /they executed the same
, in authorized capacity(tes) and that by -• :r( #sir signatures) on the instrument the personQhr), or
ttlegnSity upon behalf of which theoersonOa) acted, executed the instrument.
BRUNO J. SARTINI, JR.
Commission # 1170990 1
Notary Public - California
Los Angeles County
My Comm. E,pires Feb21, 2002
Witnes4y hand and offipial seal.
44 nnA
Signature of Not
SEE .EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
•
-41.ielefoir "44
RESOLUTION NO. 2000-10 00-1017688
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING VARIANCES TO ENCROACH INTO THE
EAST SIDE YARD SETBACK TO PERMIT THE CONSTRUCTION OF A
TRELLIS AND GARDEN WALLS; TO ENCROACH INTO THE WEST
SIDE YARD SETBACK TO PERMIT THE CONSTRUCTION OF A
BARBECUE, THE RECONSTRUCTION OF A POOL AND THE
RETENTION OF EXISTING RETAINING WALLS; TO ENLARGE A
STABLE LOCATED IN THE FRONT YARD; AND TO PERMIT THE
ENLARGED STABLE TO ENCROACH INTO THE NORTHEAST SIDE
YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE
LOCATED AT 3 JOHNS CANYON ROAD IN ZONING CASE NO. 610.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mrs. Harlyne Norris with respect
to real property located 'at 3 Johns Canyon Road (Lot 173-B-MS), Rolling Hills,
requesting the following: (1) a Variance to encroach into the east side yard setback to
permit the construction of a trellis and garden walls; (2) a Variance to encroach into
the west side yard setback to permit the construction of a barbecue, the
reconstruction of a pool and the retention of existing retaining walls; (3) a Variance
to enlarge a stable located in the front yard; and (4) a Variance to permit the enlarged
stable to encroach into the northeast side yard setback at an existing single family
residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on March 21, 2000 and April 18, 2000, and at a
field trip visit on April 15, 2000. The applicants were notified of the public hearing in
writing by first class mail and through the City's newsletter. 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's representative was in attendance at the hearing.
Section 3. The Planning Commission finds that the project qualifies as a
Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
categorically exempt from environmental review under. the California
Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
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.
RESOLUTION NO. 2000-10
PAGE 1 OF 8
•
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Section 17.16.120 requires a side yard of thirty-five feet (35') from the side property
line. The applicant is requesting a Variance to encroach into the south side yard
setback to permit the construction of a 195 square foot trellis and 98 feet of garden
walls that will be up to 2 feet in height that will encroach a maximum of twenty-five
feet (25') into the thirty-five (35') south 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 lot is irregular in shape
and the trellis and garden walls are located on a hillside slope at the rear of the lot
and away from the street and assist in preventing an existing slope from potential
collapse, in protecting the hillside from damage due to erosion, and to otherwise
ensure that proper and adequate vehicular access onto the site is maintained.
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. The Variance is necessary to
stabilize the driveway, protect the hillside from erosion and control drainage on 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. The trellis and garden walls will allow
drainage on the property to be controlled as it flows to the canyon to the north
inside the applicants' property. 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 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 606 to permit the proposed
project to encroach a maximum of twenty-five feet (25') into the thirty-five foot (35')
south side yard setback, subject to the conditions specified in Section 12.
Section 6. As previously stated, Section 17.16.120 requires a side yard of
thirty-five feet (35') from the side property line. The applicant is requesting a
Variance to encroach into the west side yard setback to permit the construction of a
U-shaped barbecue, the reconstruction of a 490 square foot pool, and a total of 167
feet of straight and curved stone with mortar retaining walls, some of which are
existing, that are up to 3 feet in height and that will encroach up to 28.5 feet into the
west 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 lot is irregular in shape
RESOLUTION NO. 2000-10
PAGE 2 OF 8
•
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00-1017688
and the barbecue, reconstruction of the pool, and previously constructed illegal and
proposed retaining walls are located on a hillside slope at the rear of the lot and
away from the street and assist in preventing an existing slope from potential
collapse and in protecting the hillside from damage due to erosion.
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. The Variance is necessary because
the pool was pre-existing, and because the retaining walls will stabilize the slope,
protect the hillside from erosion and control drainage on 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. The barbecue, pool, and existing and
proposed retaining walls will allow drainage on the property to be controlled as it
flows to the canyon to the north inside the applicants' property. 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 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 606 to permit the proposed
project to encroach a maximum of twenty-eight and a half feet (28.5') into the thirty-
five foot (35') west side yard setback, subject to the conditions specified in Section 12.
Section 8. Section 17.16.200(A)(3) states that no corral, pen, stable, barn
other similar holding facility shall be permitted in a front yard. The applicant is
requesting a Variance to enlarge an existing 400 square foot stable to be a 720 square
foot stable that is located in the front yard. 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 the other property or class of
use in the same zone. The Variance request is to enlarge an existing stable. The lot
size and irregular configuration, together with the existing development on the lot
creates a difficulty in relocating the existing stable as the residence is located 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. The Variance is necessary because
there is an existing stable at that location and the existing terrain and development
on the lot creates a difficulty in relocating the stable as the residence is located at the
rear of the lot. Further, other properties in the vicinity may expand stables under
certain conditions while the subject property would be precluded from such
expansion.
RESOLUTION NO. 2000-10
PAGE 3 OF 8
Oa-1017688
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 stable will be rebuilt in
approximately the same location as the existing stable that will be close to the access
road and mitigate the necessity for any grading on the hillside. Further, a
substantial portion of the lot will remain undeveloped.
Section 9. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 606 to permit a stable to be
located in the front yard, subject to the conditions specified in Section 12.
Section 10. As previously stated, Section 17.16.120 requires a side yard of
thirty-five feet (35') from the side property line. The applicant is requesting a
Variance to encroach into the northeast side yard setback to permit the
reconstruction of a 720 square foot stable that will encroach up to six feet (6') into the
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 lot is irregular in shape
and the existing stable is located on a hillside slope at the northeast side of the lot
and away from the street. Access to the stable exists and grading to create a new pad
will not be 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. The Variance is necessary because
there is an existing stable at that location, and the existing terrain and development
on the lot create a difficulty in relocating the stable as the residence is located at the
rear of the lot. Access to the stable exists and grading to create a new pad will not be
required.
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 proposed stable will be located in the
same area as the existing stable at the northeast side of the lot which is away from
the street. Access to the stable exists and grading to create a new pad will not be
required. A substantial portion of the lot will remain undeveloped.
Section 11. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 606 to permit the proposed stable
to encroach a maximum of six feet (6') into the thirty-five foot (35') northeast side
yard setback, subject to the conditions specified in Section 12.
RESOLUTION NO. 2000-10
PAGE 4 OF 8
•
• 00-1017688
Section 12. The Variances regarding encroachments approved in Sections 5,
7, and 11, and the Variance permitting a stable to be located in a front yard approved
in Section 9, of this Resolution are subject to the following conditions:
A. The Variance approvals shall expire within one year 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 approvals, 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 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 lot shall be developed and maintained in. substantial conformance
with the site plan on file marked Exhibit A and dated February 9, 2000, except as
otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and corral
with vehicular access thereto in conformance with site plan review limitations. .
F. There shall be no grading for the project.
G. Landscaping shall be designed using native plants or other drought -
tolerant mature trees and shrubs so as not to exceed the ridge height of the residence
nor obstruct views from neighboring properties.
H. 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 in accordance with Section
17.27.020 (Water efficient landscaping requirements) of the Rolling Hills Municipal
Code.
I. During construction, dust control measures shall be used to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
RESOLUTION NO. 2000-10
PAGE 5 OF 8
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• 00-1017688
J. During construction, conformance with local ordinances and
engineering practices so that people or property are not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
K. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion,
or land subsidence shall be required.
L. 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 at the northeast.
M. During construction, an approved Erosion Control Plan containing the
elements set forth in Section 7010 of the 1996 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los Angeles.
N. 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.
O. 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.
P. The drainage plan system shall be modified and approved by the
Planning Department and City Engineer, to include any water from any site
irrigation systems and that all drainage from the site shall be conveyed in an
approved manner to the northeast side of the lot.
Q. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department .requirements for the
installation and maintenance of stormwater drainage facilities.
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) related to solid waste.
S. A detailed drainage plan that conforms to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review.
RESOLUTION NO. 2000-10
PAGE 6 OF 8
4) 00-1017688
T. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any drainage, building or grading permit.
U. The working drawings submitted to the County Department of
Building and Safety for plan check review shall conform to the development plan
described in Condition D.
V. Any modifications to the project which would constitute additional
structural development or grading that require Site Plan Review shall require the
filing of an application for approval by the Planning Commission in accordance
with Section 17.46 of the Rolling Hills Municipal Code.
W. Prior to the submittal of an applicable final building plan to the County
of Los Angeles for plan check, a detailed drainage plan with related geology, soils
and hydrology reports that conform to the development plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning Department
staff for their review.
X. The applicants shall execute an Affidavit of Acceptance of all
conditions of these Variance approvals, pursuant to Section 17.38.060, or the
approval shall not be effective.
Y. All conditions of these Variance approvals must be complied with
prior to the issuance of a ,building or grading permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED THIS 16TH D
AL ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2000-10
PAGE 7 OF 8
• 00-101768S l°
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2000-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING VARIANCES TO ENCROACH INTO THE
EAST SIDE YARD SETBACK TO PERMIT THE CONSTRUCTION OF A
TRELLIS AND GARDEN WALLS; TO ENCROACH INTO THE WEST
SIDE YARD SETBACK TO PERMIT THE CONSTRUCTION OF A
BARBECUE, THE RECONSTRUCTION OF A POOL AND THE
.RETENTION OF EXISTING RETAINING WALLS; TO ENLARGE A
STABLE LOCATED IN THE FRONT YARD; AND TO PERMIT THE
ENLARGED STABLE TO ENCROACH INTO THE NORTHEAST SIDE
YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE
LOCATED AT 3 JOHNS CANYON ROAD IN ZONING CASE NO. 610.
was approved and adopted at a regular meeting of the Planning Commission on
May 16, 2000 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Witte and
Chairman Roberts.
NOES: None.
ABSENT: Commissioner Sommer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
•
DEPUTY CITY LERK
RESOLUTION NO. 2000-10
PAGE 8 OF 8
• •••:-z•I
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• 17.54.010 /
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06-1017688
17.54 APPEALS
17.54.010 Time for Filing Appeals
A. All actions of the Planning Commission authorized by this
Title may be appealed to the City Council. All appeals shall
be filed in writing with the City Clerk.
B. All appeals must be filed on or before the 30th calendar day
after adoption of the Planning Commission's resolution on
the project or application. Application fees shall be paid as
required by Section 17.30.030 of this Title.
C. Within 30 days after the Planning Commission adopts a
resolution which approves or denies a development
application, the City Clerk shall place the resolution as a
report item on the City Council's agenda. The City Council
may, by an affirmative vote of three members, take
jurisdiction over the application. In the event the City
Council takes jurisdiction over the application, the Planning
Commission's decision will be stayed until the City Council
completes its proceedings in accordance with .the provisions
of this Chapter.
17.54.020 Persons Authorized to File an .Appeal
Any person, including the City Manager, may. appeal a decision of
the Planning Commission to the City Council, in accordance with
the terms of this Chapter..
17.54.030 Form, Content, and Deficiencies in an Appeal Application
A. All appeals shall be filed in writing with the City Clerk on a
form or forms provided by the City Clerk. No appeal shall
be considered filed until the required appeal fee has been
received by the City Clerk.
B. The appeal application shall state, at a minimum, the name
and address of the appellant, the project and action being
appealed, and the reasons why the appellant believes that
the Planning Commission erred or abused its discretion, or
why the Planning Commission's decision is not support by
evidence in the record.
76
ROLLING HILLS ZONING
MAY Z4, 1993
i
•
00-1 01'7688
17.54.030
C. If the appeal application is found to be deficient, the City
Clerk shall deliver or mail (by certified mail), to the
appellant a notice specifying the reasons why the appeal is
deficient. The appellant shall correct the deficiency with an
amendment to the appeal form within seven calendar days of
receiving the deficiency notice. Otherwise, the appeal
application will be deemed withdrawn, and the appeal fee
will be returned to the applicant.
17.54.040 Request for Information
Upon receipt of a written and complete appeal application and fee,
the City Clerk shall direct the Planning Commission Secretary to
transmit to the City Council the complete record of the entire
proceeding before the Planning Commission.
17.54.050 Scheduling of Appeal Hearing
Upon receiving an appeal, the City Clerk shall set the appeal for a
hearing before the City Council to occur within 20. days of the filing
of the appeal. In the event that more than one appeal is filed for
the same project, the Clerk shall schedule all appeals to be heard
at the same time.
17.54.060 Proceedings
A. Noticing
The hearing shall be noticed as required by Section 17.30.030 of
this Title. In addition, the following parties shall be noticed:
1. The applicant of the proposal being appealed;
2. The appellant; and
3. Any person who provided oral testimony or written
comments to the Planning Commission during or as part of
the public hearing on the project.
B. Hearing
The City Council shall conduct a public hearing pursuant to the
provisions of Chapter 17.34 of this Title. The Council shall
consider all information in the record, as well as additional
information presented at the appeal hearing, before taking action
on the appeal.
77
ROLLING HILLS ZONING
MAY 24,1993
• 17.54.060
00-1017688
C. Action
The Council may act to uphold, overturn, or otherwise modify the
Planning Commission's original action on the proposal, or the
Council may remand the application back to the Planning
Commission for further review and direction. The Council shall
make findings to support its decision.
D. Finality of Decision
The action of the City Council to approve, conditionally approve, or
deny an application shall be final and conclusive.
E. Record of Proceedings
The decision of the City Council shall be set forth in full in a.
resolution or ordinance. A copy of the decision shall be sent to the
applicant or the appellant.
17.54.070 Statute of Limitations
Any action challenging a final administrative order or decision by ;,
the City made as a result of a proceeding in which by law a hearing
is required to be given, evidence is required to be taken,'and
discretion regarding a final and non -appealable determination: of
facts is vested in the City of Rolling Hills, the City Council, or in
any of its Commissions, officers, or employees, must be filed within
the time limits set. forth in the California Code of Civil Procedure,
Section 1094.6
ROLLING HILLS ZONING
78 MAY 24, 1993