695, Construct a pool & spa on exis, Resolutions & Approval Conditions•
05 0491319
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. 695
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) the undersigned state:
XX
I am (We are) the owner(s) of the real property described as follows:
32, MIDDLERIDGE LANE SOUTH, ROLLING HILLS, (LOT 248-A-3-UR) CA 90274
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. 695
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (W�)-s�rtify (or declare)underthe penalty of perjury that the foregoing is true and c
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Name typed or 1rint t It_ l� Lt., `
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City/State
Signatures must be acknowledged by a notary oublic.
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Dram- typed or printed
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City/State
Recorder's Use Only
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State of California )
County of Los Angeles )
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personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
rs • n ) ct.204,02,c,q2019,401E,Kiient.
TAMARA LYNN MICHELSON
COMM. ,# 1307773 1
NOTARY PUBLIC-CALIFORNIA
LOS ANGELES COUNTY
My Commission Expires JUN. 5, 2005,
S 6 & 16 lT "Ay A-1117\-c-160 K-,eE7-0
y hand and offiseal.
gnature of Notary
•
RESOLUTION NO. 2005-01
• Cxt4(e)1�—
05 0491319
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT
CONSTRUCTION OF A SWIMMING POOL AND A SPA IN THE SOUTH
SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE
IN ZONING CASE NO. 695, AT 32 MIDDLERIDGE LANE SOUTH (LOT
248-A-3-UR), (WESTERGAARD).
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. Dan Westergaard with
respect to real property located at 32 Middleridge Lane South, Rolling Hills (Lot 248-A-
3-UR) requesting to construct an 800 square foot swimming pool and 60 square foot spa
in the side yard setback.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on November 16, 2004, December 21, 2004, and at a field trip
visit on December 4, 2004. The applicants were notified of the public hearings in writing
by first class mail. Evidence was heard and presented from all persons interested in
affecting said proposal and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicant was
in attendance at the hearings.
Section 3. The Planning Commission finds that the project is 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. A Variance to Section 17.16.120 is required because it states that every
lot in the RAS-2 zone shall have a side yard of not less than 35 feet from the side
property line. The applicant is requesting a Variance to encroach 20 feet into the
required 35-foot south side yard setback to construct the pool and spa. 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 lot size and configuration, together with the existing
development on the lot creates difficulty in meeting the side yard setback Code
requirements. Although the subject parcel is large, (94,755 square feet net lot area), only
approximately 16,000 square feet of the lot is level and suitable for development
without grading. Most of this level area is already developed with the single family
residence. The remaining portion is required to be set aside for a future stable and
corral. The existing residence was built up to the south side yard setback line, not
leaving adequate space for other accessory structures, except on the flat portion in the
setback, where the swimming pool and spa are proposed.
B. The Variance is necessary for the preservation and enjoyment of a
• 005 0491319
substantial property right possessed by other property in the same vicinity and zone,
but which is denied to the property in question. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. The Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties.
C. The granting of the Variance would not be materially detrimental to the
public.welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located. Development in the side yard will allow the remaining
portion of the lot to remain undeveloped; would minimize grading and would replace
the existing spa, which also encroaches into the side yard setback. The proposed pool
would be not less than 200. feet to the nearest residence. The structural -lot coverage, the
total impervious lot coverage and the disturbed area are within the requirements of the
City. The residential building pad coverage exceeds the City's guidelines by 9.7%
already. The Building Pad coverage with the proposed pool and spa will be 46.1%.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 695 to encroach 20 feet into the
south side yard setback with swimming pool and a spa, subject to the following
conditions:
A. The Variance approval shall ' expire within two years from the effective
date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to
the requirements of this section.
B. It is declared and made a condition of the Variance that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and. Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in this permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated October 28, 2004, except as
otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
minimum of 1,000 square feet to provide an area meeting all standards for a stable (450
square feet) and corral (550 square feet) with access thereto.
F. If applicable, the property owners shall comply with Section 17.27.030 of
the Zoning Ordinance pertaining to undergrounding of utilities.
Reso. 2005-01
32 Middleridge
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005 0491319
I. Structural lot coverage shall not exceed 6,601 square feet or 7.0% in
conformance with lot coverage limitations.
J. Total lot coverage of structures and paved areas shall not exceed 12,227
square feet or 12.9% in conformance with total lot coverage limitations.
K. The disturbed area of the lot shall not exceed 23,594 square feet or 24.9% in
conformance with disturbed area limitations.
L. Residential building pad coverage on the 13,330 square foot residential
building pad shall not exceed 6,151 square feet or 46.1%; coverage on the 1,180 square
foot future stable pad shall not exceed 450 square feet or 38.1%.
M. There - shall be no grading of the site, except for the future stable, if
constructed.
N. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
O. If landscaping is planned in connection with this project, it shall include
water efficient irrigation, to the maximum extent feasible, 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 in
accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the
Rolling Hills Municipal Code.
Further, if landscaping is planned in connection with this project it shall be designed
using native plants, shrubs and trees. If trees are incorporated in the landscaping
scheme, they shall be of a variety that at full maturity shall not exceed the height of the
residence.
P. 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.
Q. 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.
R. 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.
S. 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
Reso. 2005-01
32 Middleridge
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equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
T. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
U. 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.
V. 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.
W. During and after construction, all soil preparation, drainage, and landscape
sprinklers shall protect the building pad from erosion and direct surface water in an
approved manner.
X. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of a
building permit.
Y. 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.
Z. The applicant shall execute an Affidavit of Acceptance of all conditions of
this Variance approval, pursuant to Section 17.38.060, or the approval shall not be
effective.
AA. All conditions of this Variance approval, that apply, must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JANUARY, 2005.
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
Reso. 2005-01
32 Middleridge
4
ROGER $OMMER, CHAIRMAN
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05 0491319
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2005-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF A SWIMMING
POOL AND A SPA IN THE SOUTH SIDE YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 695, AT 32 MIDDLERIDGE LANE
SOUTH (LOT 248-A-3-UR), (WESTERGAARD).
was approved and adopted at a regular meeting of the Planning Commission on
January 18, 2005 by the following roll call vote:
AYES: Commissioner DeRoy, Hankins, Margeta, Witte and Chairman Sommer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2005-01
32 Middleridge
DEPUTY CITY CLERK
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