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616, Seeking approval to leave lowe, Resolutions & Approval Conditions• • RESOLUTION NO. 2001-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO CITY COUNCIL RESOLUTION NO. 889 APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO CONSTRUCT A RESIDENTIAL ADDITION WHICH WILL ENCROACH INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO CONSTRUCT A STABLE WHICH WILL ENCROACH INTO THE FRONT YARD SETBACK, AND GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE GRADING AT AN EXISTING SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO. 616. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Kenneth Johnson with respect to real property located at 29 Middleridge Lane South (Lot 248-A-1-UR), Rolling Hills, requesting a one year time extension for a previously approved Variance to encroach into the front yard setback with an addition and a stable, and a Site Plan Review to permit the construction of additions and stable and to authorize grading at a single family residence that was approved by the City Council by Resolution No. 889 on October 9, 2000. Section 2. The Commission considered this item at a meeting on October 16, 2001, at which time information was presented indicating that the extension of time is necessary. Section 3. Based on information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 13 of Resolution No. 889, adopted by the City Council, dated October 9, 2000, to read as follows: "The Variance and Site Plan approvals shall expire within two years from the effective date of approval, as defined in Sections 17.38.070 (A) and 17.46.080 (A), of the Rolling Hills Municipal Code unless construction on the applicable portions of the structures have commenced within that time period." Section 4. Except as herein amended, the provisions of Resolution No. 889 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 1 ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN K N DEPUTY CITY CLERK • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 2001-21 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO CITY COUNCIL RESOLUTION NO. 889 APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO CONSTRUCT A RESIDENTIAL ADDITION WHICH WILL ENCROACH INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO CONSTRUCT A STABLE WHICH WILL ENCROACH INTO THE FRONT YARD SETBACK, AND GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE GRADING AT AN EXISTING SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO. 616. was approved and adopted at a regular meeting of the Planning Commission on October 16, 2001 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK RESOLUTION NO. 2000-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO CONSTRUCT A STABLE TO ENCROACH INTO THE FRONT YARD SETBACK AND GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE THE RETENTION AND MAINTENANCE OF ILLEGALLY CONDUCTED GRADING AT A SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO. 616. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. Kenneth J. Johnson with respect to real property located at 29 Middleridge Lane South (Lot 248-A-1-UR), Rolling Hills, requesting the following: (1) modify a previously approved Variance for the construction of a residential addition to encroach into the front yard setback, (2) modify a previously approved Variance for the construction of a stable to encroach into the front yard setback, and (3) modify a previously approved Site Plan Review to authorize the maintenance of previously conducted and illegal grading at a single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on June 20, 2000 and July 18, 2000, and at a field trip visit on July 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 or his representative were in attendance at the hearing. Section 3. The Planning Commission finds that the project qualifies as a Class 1, 3, and 4 Exemption [State CEQA Guidelines, Section 15301(e), 15303(e) and 15304] 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. Section 17.16.110 requires a front yard of fifty feet (50') from the front easement line. The applicant is requesting to add.a 1,200 square foot residential addition at the southwest corner of the residence attached by a breezeway that will encroach twenty-five (25) feet into the fifty (50) foot front yard setback. With respect to this request for a Variance, the Planning Commission finds as follows: RESOLUTION NO. 2000-18 PAGE 1 OF 8 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 because the lot is an irregular -shaped lot. The existing legal nonconforming residence was built within the front yard setback and the existing building pad is located close to the street. The residential addition will be constructed to align with the existing structure. Due to the irregular shape of the lot and the siting of the existing house on the lot, it would be infeasible to construct the addition without encroaching into the required setback. 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 grading was minimized to increase the building pad on this irregular shaped lot and there will not be any greater incursion into the front yard setback than already exists at the existing site and at other property in the same vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. The location of the building pad dictates that the proposed addition be set forward on the lot because the existing structure was not constructed under current setback standards and the building pad is situated close to the street, 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the request for a Variance in conjunction with Zoning Case No. 616 to permit the proposed project to encroach a maximum of twenty-five feet (25') into the fifty foot (50') front yard setback, subject to the conditions specified in Section 10. Section 6. Section 17.16.200 of the Rolling Hills Municipal Code requires that stables and corrals not be constructed in the front yard. The applicant is requesting to construct a 2,600 square foot stable 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 because the lot is an irregular shaped lot. The existing legal nonconforming residence was built within the front yard setback and the existing building pad for the stable is located close to the street. The required stable cannot be located anywhere else than the proposed location in the required setback due to the topography and irregular shape of the site. 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 grading will not be required to increase the building pad for the stable on this irregular shaped lot and there will 'not be any greater incursion into the front yard setback than already exists at the existing site and at other property in the same vicinity. Also, the RESOLUTION NO. 2000-18 PAGE 2 OF 8 Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. The Variance is necessary because the Rolling Hills Municipal Code requires that every lot have a site that is readily accessible and suitable for a stable and corral and the only site on the property for a stable and corral requires encroachment into the front yard. 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the request for a Variance in conjunction with Zoning Case No. 616 to permit the construction of a 2,600 square foot stable in the front yard, subject to the conditions specified in Section 10. Section 8. Section 17.46.020 of the Rolling Hills Municipal Code requires a development plan to be submitted for site plan review and approval before any grading that requires a grading permit or any new building or structure may be constructed. The applicants request Site Plan Review to authorize the maintenance of previously conducted and illegal grading at a single family residence. With respect to the Site Plan Review application, 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 grading, as conditioned, complies with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. With the Variances approved in Sections 5 and 7, the project conforms to Zoning Code setback and lot coverage requirements. The lot has a net square foot area of 103,237 square feet. The residence (4,984 sq.ft.), attached garage (704 sq.ft.), pool (472 sq.ft.), stable (2,600 sq.ft.), and service yard (96 sq.ft.) will have 8,856 square feet which constitutes 8.6% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 13,784 square feet which equals 13.4% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large irregular -shaped lot with most of the structures located at or below and away from the road so as to reduce the visual impact of the development. 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 a minimum amount of grading is proposed and will only be done to provide approved drainage that will flow away from the proposed structures, the existing residence, and neighboring residences. C. The development plan follows the natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the west side of this lot. RESOLUTION NO. 2000-18 PAGE 3 OF 8 D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves several mature trees and shrubs. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the structural and total lot coverage to be exceeded. Further, the proposed project is designed to minimize grading. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the northwesterly portions of the property. F. 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 will not be exceeded and the proposed project is consistent with the scale of the neighborhood when compared to this irregular -shaped lot. Any additional grading shall be permitted only to restore the natural slope of the property. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize the same driveway to Middleridge Lane South for access. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 9. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review request to allow previously conducted illegal grading, allow proposed limited grading and to allow the construction of residential additions and a stable at an existing single family residence, as indicated on the Development Plan dated June 14, 2000 and marked Exhibit A, subject to the conditions specified in Section 10. Section 10. The Variances regarding encroachments approved in Sections 5 and 7 of this Resolution and the Site Plan Review approved in Section 9 of this Resolution are subject to the following conditions: A. The Variance and Site Plan Review approvals shall expire within one year from the effective date of approval if applicants have not pulled the appropriate building permits and commenced work as defined in Sections 17.38.070(A) and 17.46.080(A) of the Rolling Hills Municipal Code unless otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Variance and Site Plan Review 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. RESOLUTION NO. 2000-18 PAGE4OF8 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 June 14, 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. Structural lot coverage shall not exceed 8,856 square feet or 8.6% in conformance with lot coverage limitations. G. Total lot coverage of structures and paved areas shall not exceed 13,784 square feet or 13.4% in conformance with lot coverage limitations. H. The disturbed area of the lot shall not exceed 41,294 square feet or 40.0% in conformance with lot coverage limitations. I. Building pad coverage shall not exceed 55.2%. J. There shall be no further grading for the project than the 4,650 cubic yards of cut soil and the 4,650 cubic yards of fill soil that has already taken place. K. The stable loft shall not have glazed openings but, may have usable shutters. L. Any stable loft shall be limited in use to the storage of feed, tack and stable equipment. M. The stable shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted. N. Landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but, to obscure the residence. O. 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. RESOLUTION NO. 2000-18 PAGE 5 OF 8 P. The landscape plan shall include appropriate planting of the hillsides and lower created pad which has been denuded by periodic discing and grading with low growing ground cover. Q. Two copies of a landscape plan must be submitted for review by the Planning Department and include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to the issuance of any building permit. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape installation. The retained bond 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. R. 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. S. 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. T. 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. U. 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 northwest. V. During construction, an applicant prepared 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. W. 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. RESOLUTION NO. 2000-18 PAGE 6 OF 8 X. 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. Y. 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 rear or northeast of the lot. Z. The property owners shall be required to conform with the Regional Water Quality Control Board arid County Health Department requirements for the installation and maintenance of stormwater drainage facilities. AA. 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. AB. 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. AC. 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.. AD. 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. AE. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional grading or structural development shall require the filing of a new application for approval by the Planning Commission. AF. 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. AG. The applicants shall execute an Affidavit of Acceptance of all conditions of these Variance and Site Plan Review approvals, pursuant to Section 17.38.060, or the approvals shall not be effective. AH. All conditions of these Variance and Site Plan Review approvals must be complied with prior to the issuance of a building permit from the County of Los Angeles. RESOLUTION NO. 2000-18 PAGE 7 OF 8 PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF AUGUST, 2000. ALL ROBERTS, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2000-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO CONSTRUCT A STABLE TO ENCROACH INTO THE FRONT YARD SETBACK AND GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE THE RETENTION AND MAINTENANCE OF ILLEGALLY CONDUCTED GRADING AT A SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO. 616. was approved and adopted at a regular meeting of the Planning Commission on August 15, 2000 by the following roll call vote: AYES: Commissioners Margeta, Hankins, Sommer, Witte and Chairman Roberts. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. . K ..� DEPUTY CITY CLERK RESOLUTION NO. 2000-18 PAGE 8 OF 8 • RECORDING REQUESTED BY AND MAIL TO: 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. 616 • 00 195021.3 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT T Recorder's Use Only I (We) the undersigned state: am (We are) the owner(s) of the real property described as follows: 29 MIDDLERIDGE LANE SOUTH (LOT 248-A-1-UR), 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. 616 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (W:) c= ify (or declar Si evtrv2-i 4 Name typed or printed z-g N�1L-1 rA c:�1 cSa�e Address d i,+_c • - L-4;1 l S City/State a. Signatures must be acknowledged by a notary public. enalty of perjury that the oregoing is true and t. w�vu g . („r\$ Naa�me tyrny�ed or printed. Gv� ,7 1 Y dCL I _..i lsee .e, (jeua*t Yd dress J 41.1v� tkt L CA City/State L L L L State of California ) County of Los Angeles ) On 28 Nov 2000 before me, Joyce F. Liu, Notary Public, personally appeared Kenneth J. Johnson and Sandra R. Johnson* pills * bo m (or proved to me on the basis of satisfactory evidence) to be the erson(s) whose name(s) ' subscribed to the within instrument and acknowledged to me that hit ey executed the same in hit Lt eir authorized capacity(ies) and that by h their signature(s) on instrument the person(s), or the entity upon behalf of which the person(s) acted, exetuted the instrument. Witness by hand and official seal. JOYCE F. LIU Commis on 01 S Notary Parc- cctrezi Los Anger Quay MyC.omm. Feb1Cw 1 * * * * * * * * * Sig-natu orilotary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 00-19502i31 £JI+ ' ,, A ' RESOLUTION NO. 889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO CONSTRUCT A STABLE TO ENCROACH INTO THE FRONT YARD SETBACK AND GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE GRADING AT A SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO. 616. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. Kenneth J. Johnson with respect to real property located at 29 Middleridge Lane South (Lot 248-A-1-UR), Rolling Hills, requesting the following: (1) modify a previously approved Variance for the construction of a residential addition to encroach into the front yard setback, (2) modify a previously approved Variance for the construction of a stable to encroach into the front yard setback, and (3) modify a previously approved Site Plan Review to authorize grading at a single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on June 20, 2000, July 18, 2000, and at a field trip visit on July 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 applicants were in attendance at the hearing. Section 3. On August 15, 2000, the Planning Commission approved the application by Resolution No. 2000-18 in Zoning Case No. 616. Section 4. On August 28, 2000, the City Council took jurisdiction of Zoning Case No. 616. Section 5. The City Council conducted a duly noticed public hearing to consider the case on September 11, 2000, September 25, 2000, and at a field trip visit on September 25, 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, from all persons protesting the same, and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. The applicants were in attendance at the hearings. The following concerns were expressed by the Council: the ability to maintain the pad area below the house for equestrian use only, the need for a fence establishing the equestrian area, that no structures shall be permitted on the graded pad, that the graded pad shall be smoothed to a more natural condition, that slopes adjacent to the canyon be returned to a 2:1 slope ratio, the need for a landscape plan incorporating California Native vegetation similar to that in the adjacent canyon, and the need for a drainage plan to be approved by the County. Section 6. The Planning Commission found that the project qualifies as a Class 1, 3, and 4 Exemption [State CEQA Guidelines, Section 15301(e), 15303(e) and 15304] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 7. 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. Section 17.16.110 requires a front yard of fifty feet (50') from the front easement line. The applicant is requesting to add a 1,200 square foot residential addition at the southwest corner of the residence attached by a breezeway that will encroach twenty-five (25) feet into the fifty (50) foot front yard setback. With respect to this request for a Variance, the City Council 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 lot is an irregular -shaped lot. The existing legal nonconforming residence was built within the front yard setback and the existing building pad is located close to the street. The Resolution No. 889 -1- • residential addition will be constructed to align with the existing structure. Due to the irregular shape of the lot and the siting of the existing house on the lot, it would be infeasible to construct the addition without encroaching into the required setback. 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 grading was minimized to increase the building pad on this irregular shaped lot and there will not be any greater incursion into the front yard setback than already exists at the site and at other property in the same vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. The location of the building pad dictates that the proposed addition be set forward on the lot because the existing structure was not constructed under current setback standards and the building pad is situated close to the street. 00..950213 C. The granting of the Variance will 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 8. Based upon the foregoing findings, the City Council hereby approves the request for a Variance in conjunction with Zoning Case No. 616 to permit the proposed project to encroach a maximum of twenty-five feet (25') into the fifty foot (50') front yard setback, subject to the conditions specified in Section 13. Section 9. Section 17.16.200 of the Rolling Hills Municipal Code requires that stables and corrals not be constructed in the front yard. The applicant is requesting to construct a 2,600 square foot stable in the front yard. With respect to this request for a Variance, the City Council 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 lot is an irregular shaped lot. The existing legal nonconforming residence was built within the front yard setback and the existing building pad for the stable is located close to the street. The required stable cannot be physically located anywhere other than the proposed location in the required setback due to the topography and irregular shape of the site. 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 grading will not be required to increase the building pad for the stable on this irregular shaped lot and there will not be any greater incursion into the front yard setback than already exists at the existing site and at other property in the same vicinity. Also, granting of the Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. The Variance is necessary because the Rolling Hills Municipal Code requires that every lot have a site that is readily accessible and suitable for a stable and corral, and the only site on the property for a stable and corral requires encroachment into the front yard. C. The granting of the Variance will 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 10. Based upon the foregoing findings, the City Council hereby approves the request for a Variance in conjunction with Zoning Case No. 616 to permit the construction of a 2,600 square foot stable in the front yard, subject to the conditions specified in Section 13. Section 11. Section 17.46.020 of the Rolling Hills Municipal Code requires a development plan to be submitted for site plan review and approval before any grading that requires a grading permit or any new building or structure may be constructed. The applicants request Site Plan Review to authorize the maintenance of grading at a single family residence. With respect to the Site Plan Review application, the City Council makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses. The grading, as conditioned, complies with the General Plan requirement of low profile, low density residential development with sufficient open space between surrounding structures. With the Variances approved in Sections 7 and 9, the project conforms to Zoning Code setback and lot coverage requirements. The lot has a net Resolution No. 889 -2- • #-1950213 square foot area of 103,237 square feet. The residence (4,984 sq.ft.), attached garage (704 sq.ft.), pool (472 sq.ft.), stable (2,600 sq.ft.), and service yard (96 sq.ft.) will have 8,856 square feet which constitutes 8.6% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot, coverage including paved areas and driveway will be 13,784 square feet which equals 13.4% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large irregular -shaped lot with most of the structures located at or below and away from the road so as to reduce the visual impact of the development. 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). A minimum amount of grading will be required and will only be done to provide approved drainage that will flow away from the proposed structures, the existing residence, and neighboring residences. C. The development plan follows the natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the west side of this lot. D. The development plan incorporates existing large trees and native vegetation to the maximum extent feasible. Specifically, the development plan preserves several mature trees and shrubs. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the structural and total lot coverage to be exceeded. Further, the proposed project is designed to minimize grading. Significant portions of the lot will be left undeveloped so as to maintain scenic vistas across the northwesterly portions of the property. F. 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 will not be exceeded and the proposed project is consistent with the scale of the neighborhood when compared to this irregular -shaped lot. Any additional grading shall be permitted only to restore the natural 2:1 slope of the property as it meets the canyons. G. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles. The proposed project will utilize the same driveway to Middleridge Lane South for access. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 12. Based upon the foregoing findings, the City Council hereby approves the Site Plan Review request to allow grading, allow proposed limited grading and to allow the construction of residential additions and a stable at an existing single family residence, as indicated on the Development Plan reviewed by the City Council on September 25, 2000 and dated June 14, 2000 and marked Exhibit A, subject to the conditions specified in Section 10-13. Section 13. The Variances regarding encroachments approved in Sections 7 and 9 of this Resolution and the Site Plan Review approved in Section 11 of this Resolution are subject to the following conditions: A. The Variance and Site Plan Review approvals shall expire within one year from the effective date of approval if applicants have not pulled the appropriate building permits and commenced work as defined in Sections 17.38.070(A) and 17.46.080(A) of the Rolling Hills Municipal Code unless otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Variance and Site Plan Review 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. Resolution No. 889 • .0-1950213 D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated June 14, 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. Structural lot coverage shall not exceed 8,856 square feet or 8.6% in conformance with lot coverage limitations. G. Total lot coverage of structures and paved areas shall not exceed 13,784 square feet or 13.4% in conformance with lot coverage limitations. H. The disturbed area of the lot shall not exceed 41,294 square feet or 40.0% in conformance with lot coverage limitations. I. Building pad coverage shall not exceed 55.2%. J. There shall be no further grading for the project beyond the 4,650 cubic yards of cut soil and the 4,650 cubic yards of fill soil that has already taken place, other than is necessary to restore the slopes adjacent to the canyons to a 2:1 slope. K. The stable loft shall not have glazed openings but, may have usable shutters. L. Any stable loft shall be limited in use to the storage of feed, tack and stable equipment. M. The stable shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted. N. Landscaping shall be designed to incorporate mature trees and shrubs so as not to obstruct views of neighboring properties but to obscure the residence. O. 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. P. The landscape plan shall include appropriate planting of the hillsides and lower created pad which has been denuded by periodic discing and grading with low growing ground cover. The landscaping plan shall include California native plants similar to the existing natural vegetation in the canyon adjacent to the pad area below the house. Q. Two copies of a landscape plan shall be submitted for review and approval by the Planning Department and shall include native drought -resistant vegetation that will not disrupt the impact of the views of neighboring properties prior to the issuance of any building permit. The landscaping plan submitted shall comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape -installation. The retained bond will be released by the City Manager after the City Manager determines (i) that the landscaping was installed pursuant to the landscaping plan as approved and (ii) that such landscaping is properly established and in good condition. R. The pad area below the home shall be maintained for equestrian use only; S. No structures shall be permitted in the pad area below the home; T. The pad area below the home may be encircled or otherwise delineated by the applicant installing a white three rail fence. Resolution No. 889 -4- • • O-195O213 U. The graded pad area shall be smoothed out to a more natural state and slopes adjacent to the pad area and canyons on the property shall be returned to a 2:1 slope. V. The applicant shall provide a drainage plan for the lower pad area subject to County approval. W. 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. X. 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. Y. 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. Z. 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 northwest. AA. During construction, an applicant prepared 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. AB. 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. AC. 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. AD. The drainage plan system shall be modified, subject to review and approval by the Planning Department and City Engineer, to include any water from any site irrigation systems. All drainage from the site shall be conveyed in an approved manner to the rear or northeast of the lot. AE. 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. AF. 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. AG. A detailed drainage plan that conforms to the development plan as approved by the City Council shall be submitted to the Rolling Hills Planning Department staff for their review and approval. AH. The project shall be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any drainage, building or grading permit. AI. 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. AJ. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional grading or structural development shall require the filing of a new application for approval by the Planning Commission. AK. 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 Resolution No. 889 -5- • OWN1954213 reports that conform to the development plan as approved by the City Council must be submitted to the Rolling Hills Planning Department staff for their review and approval. AL. The applicants shall execute an Affidavit of Acceptance of all conditions of these Variance and Site Plan Review approvals, pursuant to Section 17.38.060, or the approvals shall not be effective. AM. All conditions of these Variance and Site Plan Review approvals shall be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF OC 00. EY PEI TELL, MAYOR ATTEST: MARILYN/KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 889 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A RESIDENTIAL ADDITION TO ENCROACH INTO THE FRONT YARD SETBACK, GRANTING A VARIANCE TO CONSTRUCT A STABLE TO ENCROACH INTO THE FRONT YARD SETBACK AND GRANTING SITE PLAN REVIEW APPROVAL TO AUTHORIZE GRADING AT A SINGLE FAMILY RESIDENCE AT 29 MIDDLERIDGE LANE SOUTH IN ZONING CASE NO. 616. was approved and adopted at a regular meeting of the City Council on October 9, 2000 by the following roll call vote: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock AYES: and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY tLERK • Resolution No. 889 -6-