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833, Construct a sport court & caba, 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 T 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. 833 (SEE EXHIBIT A ATTACHED) XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 9 MIDDLERIDGE LANE SOUTH, ROLLING HILLS, CA 90274 (LOT 248-C-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. 833 XX SITE PLAN REVIEW XX CONDITIONAL USE PERMIT (We) certify'(oydeclare) under the penalty of perjury that the foregoing is true and correct. ,a/Pg4 SignatL �ign,�ture 1) fitk Name typed or printed Address 9 /fire%fi-er,'/ ✓bW.( 4//1; .%/f Tot- 7 V City/Stag 0-ian,qefite__ e�1liq�e� Name typed or printed Address ` / (/ /d/&I',W4L L'/ • 1 ��4Galk dina, // i/s City/State (1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4`.�X`Gk`1�:6`c` 4` l�A�l-a'+.CaY�cfaY�. \' .C`1Y. `�watwotiwa' 4aVeavAatncii Z—%Ma\ ,\YVZ,S .Wak, J State of California County of l l� Los P-vyIns On NIGI re-ti 15, 2' ibefore me, Date personally appeared } CIVIL CODE § 1189 :cf-ACNY`Gfdiuo-�wci.'Iwocvf�.nci.��iin..�,oacxawz� _� rv.es , NL+` Here Insert Name and Title of the Officer -Trct h I-tx to C . UADal-lam. - SI61TIA TORRES Corlmradssdon 0 1912272 Notary PuM c - Ctd fonlda Los Amiga County -- 1.1y Comm. Expires tlov $. 2014 9 W VV •yi .yi Name(%) of Signer(' who proved to me on the basis of satisfactory evidence to be the person0 whose name(yr is/0 subscribed to the within instrument and acknowledged to me that h//she/th f executed the same in hAer/th9if authorized capacity i ), and that by hipfher/th r signature0 on the instrument the person( , or the entity upon behalf of which the personSs'j 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: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Place Notary Seal Above Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservato ❑ Other: Signer Is Representing: Signer'. ame: orporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 L� Signature of Notary Public Number of ges: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) :ua OF SIG Vir Top of thumb here Item #5907 See Exhibit A, attached Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On Met rc-h g , Zo before me, cSlntlq Torres N6-9-74 11A- (Insert Name of Notary Public and Title) Personally appeared k21 117) Y�l u n-er who proved to me on the basis of satisfactory evidence subscribed to the within instrument and acknowledged to his/h r/the9rf' authorized capacity( and that by his/ Ie person(0, or the entity upon behalf of which the person I certify under PENALTY OF PERJURY under the laws of paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary to be the person(,') whose names%) is/ me that he/ s/ thy executed the same in /th,rrr signaturecs, on the instrument the acted, executed the instrument. the State of California that the foregoing ( Seal) 815T1A Thad Cem=130, 0101aM Natty Pc !ft - C 7+mtla Loa AnCee!O^r Coolly Comm. Er res t!ov 0, ?O14 • RESOLUTION NO. 2013-03 -7.t-II 6 IT- A - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C-UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY 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. and Mrs. Keith Wagner with respect to real property located at 9 Middleridge Lane South (Lot 248 C-UR) Rolling Hills, requesting Conditional Use Permit for a 558 square foot partially open cabana with a 405 square foot walk-in subterranean wine cellar, to be located under ground and behind the cabana, and a 1,350 square foot sports court as well as a Site Plan Review (SPR) for grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill, including excavation of the wine cellar and for the wine cellar. The project also includes outdoor hardscape and landscaping improvements throughout the lot, including new patio areas, outdoor barbeque, stairs and paths to the lower area of the sports court and the cabana, various short walls, grape vines on the slopes and on grade walking paths. Section 2 The Planning Commission conducted duly noticed public hearings to consider the application on January 15, 2013 in the field and January 15, 2013 at their regularly scheduled meeting. Neighbors were notified and invited to the hearings. The applicant and the applicant's representative were in attendance at the hearings. Several neighbors attended the field trip. The neighbors at 17 Middleridge Lane South requested that privacy be kept between the properties. Section 3. The applicants were notified of the above -referenced hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal, from all persons protesting the same, and from members of the City staff. The Planning Commission having reviewed, analyzed and studied the information found that the project is satisfactory and meets the City's Conditional Use Permit and Site Plan Review criteria based on the findings enumerated below. Section 4. 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. 1 • • Section 5. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits approval of a cabana under certain conditions, 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. The granting of a Conditional Use Permit for the cabana 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, meets all the applicable development standards of the Zoning Ordinance and no deviations from the development standards are requested. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a cabana will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the cabana is of sufficient distance from nearby residences so that the cabana will not impact the view or privacy of surrounding neighbors. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the cabana complies with the low profile residential development pattern of the community, will be mostly located on an existing building pad and will be screened from neighbors' view. D. The proposed conditional use complies with all applicable development standards of the zone district because the 558 square foot size of the cabana does not exceed the maximum permitted under the Municipal Code and the cabana does not encroach into any setback areas and is not located in the front. Underground storage areas have historically been allowed, because they are not visible from the outside. E. The proposed conditional use is 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. F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because the proposed project meets all of the development standards of the Zoning Regulations and has an existing stable, corral and access thereto. Minimal grading is necessary for construction of the cabana and the structure will not be obtrusive to neighbors. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. 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 or any 2 • • building or structure may be constructed. With respect to the Site Plan Review application for the grading for the sports court and cabana, 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 structures. The cabana and sports court conforms to Zoning Code setbacks and lot coverage requirements. The proposed project is screened from the road by the existing residence so as to reduce the visual impact of the development. The grading consists of excavating of the subterranean storage/wine area and spreading the dirt to even out the cabana and sports court pad by filling the area by not more than 6". B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new sports court and cabana 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 project 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 project 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 of sufficient distance from nearby residences so that the proposed project will not impact the view or privacy of surrounding neighbors, and will substantially utilize the existing relatively flat area for the new construction. 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, Zoning Code setbacks and lot coverage requirements. D. 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 maximum set forth in the Zoning Code will not be exceeded and the proposed project is consistent with the scale of the neighborhood. E. The development plan follows natural contours of the site to minimize grading and retain the natural drainage courses. The project is not located in a canyon or on existing slopes that exceed 25%. 3 • • F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed development will utilize the existing driveway. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Section 17.16.210(A)(7) of the Rolling Hills Municipal Code allows for the construction of a sports court with certain conditions provided the Rolling Hills Planning Commission approves a Conditional Use Permit for such use. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows: A. The granting of a Conditional Use Permit for the construction of a sports court would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will not interfere with the public convenience and welfare because the use is consistent with similar and appropriately located uses in the community, and the area proposed for the sports court would be located in an area on the property that is on a pad below the residential building pad and sufficient distance from other residences so that it will not be visible from any neighbor or roadway, and will not have a material impact on that property. The sports court will be screened with shrubs and trees. B. The nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the construction of a 1,350 square foot sports court will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures because the proposed sports court will be constructed on a portion of the secondary building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences so that the sports court will not impact the view or privacy of surrounding neighbors and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. C. The project is harmonious in scale and mass with the site, the natural terrain, and surrounding residences because the sports court will comply with the low profile residential development pattern of the community and is located on property that is adequate in size, shape and topography to accommodate such use. D. The proposed conditional use complies with all applicable development standards of the zone district in which it is located. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan related to siting and 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. 4 • • F. The proposed conditional use observes the spirit and intent of Title 17 of the Zoning Code because there is an existing stable and corral. Section 8. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves a Conditional Use Permit for a 558 square foot cabana with 405 subterranean storage area, 1,350 square foot sports court and grading of 198.55 cubic yards of cut and 198.55 cubic yards of fill in accordance with the development plan dated January 9, 2013 in Zoning Case No. 833 subject to the following conditions: A. The Conditional Use Permit and Site Plan Review approval shall expire within two years from the effective date of this approval if construction pursuant to this approval has not commenced within that time period, as required by Section 17.46.080(A) of the Rolling Hills Municipal Code. B. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder 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. The working drawings submitted to the Building and Safety Department for plan check review and building permit must conform to the development plan approved with this application. D. The cabana may be constructed subject to the following conditions: a. The cabana shall not be located in the front yard or any setback. b. The maximum size of the cabana shall not exceed 558 sq.ft. c. The maximum size of the subterranean storage area shall not exceed 405 square feet d. Barbeque, fire place, bathroom facilities and outdoor kitchen amenities within the cabana structure are permitted e. No sleeping or renting of the cabana shall be permitted. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 9, 2013, except as otherwise provided in these conditions. F. The property on which the project is located shall contain an area of sufficient size and which meets all standards for a stable and corral with vehicular access thereto. The existing stable structure shall meet the requirements of Section 17.18 of the Zoning Ordinance and may not be converted to uses not specifically provided for in said Section. 5 • • G. The existing asphalt access to the stable shall be removed and replaced with a pervious surface or D.G. H. The roll up door in the stable shall be replaced with a stable like door. I. Construct a minimum of 96 square foot trash enclosure adjacent to the side of the house. J. Grading shall not exceed the total of 397.1 cubic yards (cut and fill). K. Structural lot coverage shall not exceed 10,371 square feet or 5.1% in conformance with structural coverage requirements, including the subterranean storage area. L. Total lot coverage of structures and paved areas shall not exceed 23,740 square feet or 11.7% in conformance with lot coverage limitations. M. The disturbed area of the lot shall not exceed 68,240 square feet or 33.5% of the net lot area in conformance with lot disturbance limitations. N. Residential building pad coverage on the existing 23,790 square foot residential building pad shall remain at 31.6.%. The secondary building pad is 18,000 square feet and will have coverage of 2,558 square feet or 16.5%, and includes the sports court, stable, cabana and the subterranean storage area. O. Utility lines to the cabana shall be placed underground. The roof material for the cabana shall be of Class "A" construction and Class "A" material. P. The project shall be subject to the Water Efficient Landscape Ordinance, Section 13.18 of the Municipal Code, and appropriate plans, forms and calculations shall be submitted to the City prior to obtaining a building permit and following construction. Q. Court lighting shall not be permitted. R. Noise from sports court use shall not create a nuisance to owners of surrounding properties. S. There shall be no walls constructed for the sports court, except that a sports court fence, approved by the RHCA, may be erected. T. The sports court shall be screened on all four sides with drought -resistant mature trees and shrubs. The landscaping shall not exceed the height of the sports court fence. 6 • • U. All disturbed areas shall be landscaped. Landscaping shall include water efficient irrigation, that incorporates 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 and be in compliance with City's Water Efficient Landscaping Ordinance. 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. Trees and shrubs shall be planted so as not to impair views of neighboring properties but to screen the project site. V. Prior to the issuance of any building or grading permit two copies of a preliminary landscape and irrigation plan shall be submitted for review by the Planning Department. A security in the amount of the cost estimate of the implementation of the landscaping and irrigation plan plus 15% shall be required to be posted prior to issuance of a grading permit and shall be retained with the City for not less than two years after landscape installation. The retained security will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. W. Drainage shall be approved by the Building and Safety Department. X. If an above drainage swale or a dissipater is to be constructed it shall be designed in such a manner as not to cross over any equestrian trails or discharge water onto a trail, shall incorporate earth tone colors, and shall be screened from the road and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Y. An opaque construction fence shall be erected along the northern property line in the area of construction to prevent debris falling onto neighbors' property. Z. During delivery of heavy equipment or cement and during cement pouring activity, the applicant shall provide a temporary traffic control person to maintain smooth traffic flow and to observe any spills. Should any cement or other material be spilled, it shall be immediately cleaned up. AA. Conformance with the air quality management district requirements, (AQMD), stormwater pollution prevention practices, stormwater drainage facilities construction and maintenance and any county and local ordinances and engineering practices shall be required, so that people or property are not exposed to undue vehicle trips, noise, dust, stormwater pollution and objectionable odors. 7 • • AB. During construction all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. AC 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. AD. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. AE. The property owners shall be required to conform to the City of Rolling Hills Outdoor Lighting Standards Ordinance. AF. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AG. 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/rnain.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. AH. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee. AI. A minimum of 50% of the construction and demolition material shall be recycled and verification submitted to the City. A hauling permit shall be obtained from the City by the construction/ demolition hauler. AJ. The conditions of approval specified herein shall be printed on the Plans submitted to Building and Safety Department for plan check review and on all subsequent plans. AK. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property, which would constitute additional structural development or grading, including additional basement or any subterranean space, shall require the filing of a new application for approval by the Planning Commission. 8 i • AL. Until the applicant executes an Affidavit of Acceptance of all conditions of this application, and such affidavit is recorded together with this resolution, the approval shall not be effective. AM. 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. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF FEBRUARY 2013. A1"1LST: Unit Imp HEIDI LUCE DEPUTY CITY CLERK JEFF ItIDE(R CH -AIRMAN 9 s • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2013-03 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CABANA WITH SUBTERRANEAN STORAGE AREA AND A SPORTS COURT IN ZONING CASE NO. 833 AT 9 MIDDLERIDGE LANE SOUTH, (LOT 248 C UR), ROLLING HILLS, CA. (WAGNER). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on February 19, 2013 by the following roll call vote: AYES: Commissioners Chelf, Mirsch and Chairman Pieper. NOES: None. ABSENT: Commissioner Smith. ABSTAIN: Commissioner Henke. and in compliance with the laws of California was posted at the following: Administrative Offices. HEDI LUCE DEPUTY CITY CLERK 10