839, 83 sq ft addition to existing , Resolutions & Approval ConditionsRECORDING 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
10112014
qI i.
\ III
"20140632369
*
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. 839 (SEE EXHIBIT A ATTACHED)
XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
16 GEORGEFF ROAD ROLLING HILLS, CA 90274 (LOT 6GF)
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. 839
XX VARIANCE
I (We)certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signat�r Signature
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Name typed or printed
Address IC Aft) rca---4 �"U\
RkIl\l\et 41.1k,
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City/State -'
Name typed or printed
Address
City/State
• •
See Exhibit A, attached
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On \,4'1t /7 DGd/I
before me,
L/4I t ✓, 55t /I// ,y / /c . state 474 ed
(Insert Name of Notary Public and Title)
Personally
appeared
ZreJ G/ /A6
who proved to me on the basis of satisfactory evidence to be thet erson(� whose name(s) Ware
subscribed to the within instrument and acknowledged to me thashe/ they executed the same in
her/their authorized capacity() and that by & her /their signature(s) on the instrument the
erson(), or the entity upon behalf of which the person(pj' 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 by hand and official seal.
Signature of Notary �(, ( Seal)
LINDA J. STARK
Commission # 1969818
Notary Public - California
Los Angeles County
My Comm. Expires Feb 17,, 2016,g
•
• CK4-1
RESOLUTION NO. 2013-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO
CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH
INTO THE FRONT AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT
ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT
ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION,
IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE).
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. Jared Beilke with
respect to real property located at 16 Georgeff Road, Rolling Hills (Lot 6-GF) requesting
a Variance to construct a 1,483 square foot basement, of which 215 square feet would
encroach into the front setback and 10 square feet would encroach into the side setback,
however, the entire basement would be located underneath the footprint of the existing
residence, which also encroaches into the setbacks. In addition, an 83 square foot
addition to the first story is proposed. 476 cubic yards of dirt from excavation of the
basement is proposed to be exported. With a previous application, a condition was
placed on the property that any further development must be reviewed and approved
by the Planning Commission.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip on June 18, 2013 and their regular meeting on
July 16, 2013. 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 who
reviewed, analyzed and studied said proposal. The applicants and their representative
were in attendance at the hearings. Several neighbors attended the field trip and
expressed concerns regarding access to the construction area and location of a
construction fence.
Section 3. The property. is zoned RAS-1 and consists of 1.14 acres gross (49,658,
square feet) and 37,120 square feet net lot area for development purposes. The property is
developed with 3,624 square foot residence with 572 square foot garage, 655 square foot
swimming pool, 330 square feet porches, barbeque area, pool equipment area and service
yard. A stable and corral (currently play area) are located on the. lot. With the 83 square
foot addition the residence would be 3,707 square feet.
Reso. 2013-13
16 Georgeff Road
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Section 4. No grading is required as the project would be located on the
existing building pad, which was previously disturbed, The encroachment with the
basement is proposed under the existing encroachment of the residence.
Section 5. The Planning Commission finds that the project qualifies as a Class 1
Exemption, Existing Facilities, and is therefore categorically exempt from environmental
review under the California Environmental Quality Act.
Section 6. 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 Sections 17.16.110 and 17.16.120 is required
because it states that every lot in the RAS-1 zone shall have a front setback of not less
than 50 feet from the roadway easement line and 2Q feet from the side property line. The
applicant is requesting a Variance to encroach with a basement addition into the front
and side setbacks. 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 property has been developed with the encroachment of the
residence in this manner in 1957. The lot was graded at that time to create a pad for
construction of living area. The topography of the lot together with the fact that the
existing residence encroaches into the front and side setback creates a difficulty in
constructing the basement differently.
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 existing residence is 3,707 square
feet with a two -car garage. The Variance is necessary because the existing terrain and
development on the lot creates difficulty in placing the addition elsewhere on the
property without infringing on the already existing small back yard. The portion of the
basement that would encroach into the setbacks will be directly below the upper level.
Structurally it would be advantageous to support the first story with the walls of the
basement, rather than move the basement walls in to avoid the encroachment. In
addition, the property was developed at a time where lesser setback requirements
applied. The Variance will permit the development of the property in a manner
consistent with its previous development.
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 addition will be constructed on an
existing building pad, will be the least intrusive to surrounding properties, will be
located below the residence and not visible to anyone, and is of sufficient distance from
nearby residences, so that it will not impact the. view or privacy of surrounding
Reso. 2013-13
16 Georgeff Road - 2 -
• •
neighbors, and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed addition will be orderly, attractive and shall
protect the rural character of the community. The proposed addition will not encroach
into the existing or potentially future equestrian uses on the property. A suitable stable
and corral exist on the site.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City and the lot does not
look overbuilt.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves a Variance in Zoning Case No. 839 to construct a 1,483 square foot
basement, of which 215 square feet would encroach into the front setback and 10 square
feet would encroach into the side setback, however, the entire basement would be
located underneath the footprint of the existing residence, which also encroaches into the
setbacks and an 83 square foot addition to the first story. 476 cubic yards of dirt from
excavation of the basement is allowed to be exported, 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 Variances 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 Code, the Zoning Code,
including, but not be limited to undergrounding of utility requirements, roof construction
requirements and lighting requirements, 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 dated June 12, 2013 except as otherwise provided in these
conditions.
E. Utility Lines serving subject residence shall be placed underground.
Reso. 2013-13
16 Georgeff Road 3
F. Structural lot coverage shall not exceed 5,888 square feet, which includes
all structures, except the barbeque, or 15.8% of the net lot area in conformance with lot
coverage limitations.
G. Total lot coverage of structures and paved areas shall not exceed 9,284
square feet or 25.0% in conformance with total lot coverage limitations, and may not be
enlarged.
H. No grading other than excavation for the basement shall be permitted. 476
cubic yards of dirt from the basement may be exported.
I. Residential building pad coverage on the 7,168 square foot residential
building pad (not in setbacks) shall not exceed 5,030 square feet or 70.2%.
J. The property on which the project is located contains a 400 square foot
stable and corral, currently used as play area, with access thereto and it shall remain on
the property. Additional 50 square foot for a future addition has been set aside for a
total of 450 square foot stable, as required by the Zoning Ordinance.
K. If new landscaping is introduced for this project, the 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. Further, landscaping shall be
designed using trees and shrubs so as not to obstruct views of neighboring properties
but to screen the residence. If new trees or shrubs are planned in conjunction with this
project, they shall be of a species that will not grow higher than the ridge height of the
residence.
L. During construction, access to the construction site shall be taken from the
subject property and may not encroach onto the adjacent property.
M. A construction fence shall be erected and maintained during construction
of the project. If the fence is to be located in an easement, Rolling Hills Community
Association approval shall be required.
N. Perimeter easements, including roadway easements, shall at all times
remain free and clear of any improvements including, but not be limited to landscaping,
irrigation and drainage devices, play equipment, parked vehicles, building materials,
debris and equipment, unless otherwise approved by Rolling Hills Community
Association.
O. During construction, conformance with the stormwater pollution
prevention practices, County and local ordinances and engineering practices so that
Reso. 2013-13
16 Georgeff Road - 4 -
people or property are not exposed to undue vehicle trips, noise, dust, objectionable
odors, landslides, mudflows, erosion, or land subsidence.
P. 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.
Q. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking may take place within nearby roadway
easements.
R. The property owners shall be required to conform with the Regional
Water Quality Control Board and Public Works Department Best Management Practices
(BMP's) related to solid waste and storm water management.
S. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water away from the structure in an approved manner.
T. The project shall be subject to the City's Construction and Demolition
permit requirements.
U. The working drawings submitted to the Department of Building and
Safety for plan check and construction review must conform to the development plan
approved with this application. The licensed professional preparing construction plans
for this project for Building Department review shall execute a Certificate affirming that
the plans conform in all respects to this Resolution approving this project and all of the
conditions set forth therein and the City's Building Code and Zoning Ordinance.
V. Prior to submittal of final plans to the Building Department for issuance of
building permits, the plans for the project shall be submitted to staff for verification that
the final plans are in compliance with the plans approved by the Planning Commission.
The person obtaining a building and/ or grading permit for this project shall execute a
Certificate of Construction stating that the project will be constructed according to this
Resolution and any plans approved therewith.
W. Any modification to the project or to the property, which would
constitute grading or structural addition shall be reviewed and approved by the
Planning Commission.
X. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
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
Reso. 2013-13
16 Georgeff Road - 5 -
found:
http://www.wrh.noaa.wov/lox/main.uhv?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.
Y. The applicant shall execute an Affidavit of Acceptance of all conditions of
this application pursuant to Section 17.38.060, or the approval shall not be effective.
Z. All conditions of this Variance approval, that apply, must be complied
with prior to the issuance of a building permit from the Building and Safety
Department.
AA. 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 20th DAY OF AUGUST, 2013.
72(IPfLL
RICHARD HENKE, VICE CHAIRMAN
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2013-13
16 Georgeff Road - 6 -
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2013-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A VARIANCE TO
CONSTRUCT A BASEMENT, A PORTION OF WHICH WOULD ENCROACH
INTO THE FRONT, AND SIDE YARD SETBACKS AND AN 83 SQUARE FOOT
ADDITION TO THE RESIDENCE ON A LOT WITH A CONDITION THAT
ANY DEVELOPMENT BE REVIEWED BY THE PLANNING COMMISSION,
IN ZONING CASE NO. 839 AT 16 GEORGEFF ROAD, (LOT 6-GF), (BEILKE).
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
August 20, 2013 by the following roll call vote:
AYES: Commissioners Gray, Mirsch and Vice Chairman Henke.
NOES: None.
ABSENT: Chairman Chelf.
ABSTAIN: Commissioner Smith (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
Reso. 2013-13
16 Georgeff Road - 7 -