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935, To legalize and retain a previ, Resolutions & Approval ConditionsRECORDING REQUESTED BY ANC 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. ZONING CASE NO. 935 XX SITE PLAN REVIEW XX VARIANCE I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 1 MIDDLERIDGE LANE NORTH, (LOT PART of 15,16,17-MR) ROLLING HILLS, CA 90274 • This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, ail the stated conditions in said case: ZONING CASE NO. 935 XX .SITE PLAN REVIEW XX VARIANCE I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Si nature Signature 4Al2 Ck.Pri ( Name typed or printed • _ Name typed or printed Address \ u'i4Jd Jeri //c e 1�•, e U Vo d L City/state+` CPr 0 S V_1(1 5� ? Address City/State 8 Signatures must be acknowledged by a notary public. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF C& 1.fc rru A } COUNTY OF Los A �e.l } On 63 12-C" /Za l r , before me, k4rjCat ('ccra 1;na Wew u a Notary Public, personally appeared 'the7t Z C r) 11 a who proved to me on the basis of satisfactory evidence to be the personc,$)'whose name(s) is/ar6 subscribed to the within instrument and acknowledged to me that he/Olt/they executed the same in his/l t/their authorized capacity(ip), and that by his/l,t/tt tr signature(s1 on the instrument the person(', or the entity upon behalf of which the person(6) 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: Name of Notary: O-r; d &d v I i e, U ra Date Commission Expires 0 2-1b�- /20 2_0 Commission No. Z- H 1 q 2 3 • 11E---7(1-t t 6 RESOLUTION NO.2018-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND VARIANCE TO LEGALIZE AND RETAIN PREVIOUSLY GRADED PATH AT THE REAR OF THE PROPERTY AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 935, 1 MIDDLERIDGE LANE NORTH (LOT 15, 16, 17-MR), ROLLING HILLS, CA. (CIPOLLA). THB PLANNING COMMISSION OF THE CITY OF ROLLING BILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Chaz Cipolla with respect to real property located at 1 Middleridge Lane North, (Part of Lots 15, 16, 17-MR), Rolling Hills, CA requesting a Site Plan Review and Variance to legalize and retain previously graded path at the rear of the property and to exceed the maximum permitted disturbance of the lot The area of grading consists of 15,250 square feet, which required 3,500 cubic yards of grading and which caused exceedance in the maximum permitted disturbance of the net lot of 49.7%. Section 2. Following several submittals for various developments, which would incorporate the request to retain the path, the applicants abandoned those requests, and therefore the application to retain the graded path became a project on its own. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application on January 16, 2018 and in the field on January 16, 2018. 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 Planning Commission having reviewed, analyzed, and studied said proposal. The property owner and his representative were in attendance at the public hearings. Section 4. The property is zoned RAS-1 and the gross lot area is 4.19 acres. The net lot area, as calculated by the City, is 2.82 acres or 122,943 square feet. The property is irregular in shape and has a very long street frontage (over 600 lineal feet) and the lot has a significant drop in elevation of 95 feet straight back from the house to the rear lot line. There is very little flat area on the property and it is mostly developed with the residence and driveway. The property is currently developed with a 2,900 square foot single-family residence and 468 square foot attached garage, and miscellaneous accessory structures. In April 2017, the applicants were granted approval for a house and garage addition, new basement and widening of the driveway approach. Section 5. The project 'has teen determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) as a Class 3 exemption. Section 6. Section 17.46.020(3) requires a development plan to be submitted for Site Plan Review for grading. With respect to the Site Plan Review application requesting approval of grading to create the path, the Planning Commission makes the following findings of fact: Reso. 2018-02 1 • • A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the grading does not create additional structures and is located in an area below Middleridge Lane and will be screened from the road by the drop in elevation and landscaping which minimizes the visual impact ofthe path. B. The development plan substantially preserves the natural and undeveloped state of the lot because the graded path does not add to structural coverage and it will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered and the path does not adversely affect or is materially detrimental to the adjacent uses, buildings, or structures. The previously graded path was graded to allow the property owner access to the rear of the steep property, so that dead trees and vegetation could be removed and access retained to the rear area of the lot. The grading was minims', less that 3-foot cut and/or fill and although located near two intermittent streams, it has been determined that the neither of the streams are classified as water bodies that fall under the jurisdiction of the Army Corps of Engineers at the federal level or Department of Fish and Wildlife at the state level. This determinationwas made by said agencies. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, the natural terrain and surrounding residences, as it will remain open space and the slopes below and above it will be landscaped and protected from erosion. D. The development plan generally follows natural contours of the site to the maximum extent practicable to accomplish groomed and usable areas of the lot, subject to concurrent approval of Variance pursuant to Section 7 of this resolution. Natural drainage courses will not be affected by the project. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the graded path does not affect the currently approved access to the main uses on the property. F. The project conforms to the requirements of the California Environmental Quality Act and is exempt Section 7. Sections 17.38.010 through 17.38.050 of the Rollizlg 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 prevent the owner from making use of a parcel or property to the same extent enjoyed by similar properties in the same vicinity. Section 17.16.070B stipulates that the maximum permitted disturbance of the lot shall not exceed 40% of the net lot area of the lot. With the unpermitted grading for the path along the rear of the lot, the applicant requests a 'variance for lot disturbance to 49.7%. With respect to this request for Variance, the Planning Commission finds as follows: Rest). 2018-02 2 •1 • A. There are exceptional circumstances and conditions because the vast distance of the rear and side property lines from the residence and due to the steepness of the rear lot, the applicant graded and created the path to be able to remove dead trees and vegetation from the rear and sides of the property and provide access for future maintenance. The entire City has been designated as being located in the Very High Fire Hazard Severity Zone (V13FHSZ) and the removal of dead trees and vegetation is a requirement of a City Ordinance. In addition the long frontage of the lot along the roadway easement, of over 600 feet, causes the size, of the net lot area to be diminished due to the deductions taken for the net lot area. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties 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 rights and benefits enjoyed by similarly situated properties in the same zone, including the ability to maintain the scopes and provide access to the lower portion of the lot for both, planting and maintenance of the property and is in furtherance of City's desire to remove dead trees and vegetation from properties. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located because the disturbed area for'the path is in the rear of the lot and adjacent area is screened from neighbors. Additional landscaping will assure greater vegetated buffer between neighboring properties. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the as graded path will not affect the rural character of the community and a suitable stable and corral areahas been set -ode on the site. E. The Variance request is consistent with the General Plan of the City of Rolling Hlis because while the total disturbed maximum is exceeded by a minor amount itw scaused because the owner wished to comply with a portion of the Municipal Code which requires the removal of dead trees. and vegetation. The project retains open space. Section.8. Based upon the foregoing findings in Sections 6 and 7, the Planning Commission hereby approves the Site Plan Review and a Variance in Zoning Case No. 935 to exceed the maximum permitted disturbance of the .lot of49.7%and to retain the previously =0415,250 spare footpath that required grading of 3,500 cubic yards of dirt subject to the following conditions: A. The Site Plan and Variance approvals Still run with the land and the path may►. remain; this approval %hall be null and void if the conditions of approval specified below are not met within the tunes specified below, or the approval granted is otherwise extended pursuant to the requirements of Sections 17.46.080 and I7.38.070(A) of the Rolling Hills Municipal Code. Reso. 201B-02 3 • • B. If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder Shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant'cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination That a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the 'agenda has not yet been posted; the Applicant shalt be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council ghali make a determination as to whether a violation of this Resolution has occurred. lithe Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadlinedeatiiine to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either .extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RAMC). C. All requirements of the Building 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 resolution, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file for the path dated January 10, 2018 and the landscaping plan dated January 29, 2018 except as otherwise provided in these conditions. E. The applicant shall obtain a grading permit for the grading of the path. The working drawings submitted to the Department of Building and Safety for review must conform to the development plan approved with this application. A copy of the conditions of this Resolution shall be printed on plans submitted to the Building Department. A final inspection by the Building Inspector must be granted for the "as graded" path. Any modifications and/or changes to the approved project, including resulting from field conditions, shall be discussed and approved by staff prior to implementing the changes. Such review will require a public hearing before the Planning Commission if the modifications represent a major modification of the project F. A drainage plan, if required by the Building Department shall be prepared and approved by the grading and drainage engineer. In addition, an erosion control plan is required and which has been prepared and approved by the LA County grading and drainage engineer. The implementation of the erosion control plan shall commence by February 20, 2018. G. A licensed professional preparing the "as graded" plans for this project for Building Department review shall execute a Certificate affirming that the plans conform Reso. 2018-02 4 • • in all respects to this Resolution approving this project and including confomaance with all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a grading permit for this project shall execute a Certificate of Construction stating that the project has been constructed according to this Resolution and anyplans approved therewith. H. Grading for the path entailed 3,500 cubic yards cut and fill total. No further grading or enlargement of the path shall be permitted. I. The disturbed area of the lot shall not exceed 61,075 square feet or 49.7% including 12.4% disturbance for the unpermitted path, which includes the previously approved additions to the residence. ' J. A set -aside area for a future stable and corral of 1,000 square feet shall be retained on the property at all times, unless an application is filed for a CTJP for stable construction, and said stable/corral are constructed. K. The landscaping plan, dated January 29, 2018, as approved with this application shall be implemented and planting completed within 6-niontlis ofthis approval. L. The applicant shall submit a landscaping performance bond or other financial obligation, to be kept en deposit by the City, in the amount of the planting plus irrigation plus 15%. The bond shall be released no sooner than two years after completion of all plantings, subject to a City staff determination that the planting required for the project is in substantial conformance with the approved plan and is in good condition. M. All animals on the Iot shall be kept in the corrals and in sufficient distance to adjacent residences as required by the RH Municipal Code. N. During planting, conformance with the air quality management district requirements, storm water pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. O. The property owners shall be required to conform with the Regional Water Quality Control Bdard and. County Public Works Department Best Management Practices (B:MP's) requirements related to solid waste, drainage and storm water management. P. Perimeter easements, including roadway easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences including construction fences, any hardscapg driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the Rolling Hills Community Association. Q. The applicant within two weeks of this resolution shall remove all debris, construction materials, wooden and other posts and flags that was left on site from Reso. 2018-02 5 • • previously constructed fence, other construction and depiction of the previously proposed project. R. During planting to the maximum extent feasible, all parking shall take place on the, project site and, if necessary, any overflow parking may take place within the unimproved roadway easements along adjacent streets, and shall not obstruct neighboring driveways, visibility at intersections or pedestrian and equestrian passage and a minimum of 4' wide path, from the edge of the roadway pavement, for pedestrian and equestrian passage chat/ be available and be clear of vehicles, construction materials and equipment. To a maximum extent feasible, employees of the contractor shall carpool into the City. S. During planting, the property owners shall be required to schedule and regulate constriction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mee, nical equipment noise is permitted, so as not to interfere with the quiet residential environment ofthe City of RollingHills. T. 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.wrhnoaa.govilox/main.php?suite::o:safety&page::a:hs7ard definitions #FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available .fire distinguisher. U. Until the applicants execute an Affidavit of Acceptance of all conditions of This approval, the approvals shall not be effective. Such affidavit Ghnll be recorded together with the resolution. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF FEBRUARY, 2018. BRAD ATTEST: HALL;LITY CLERK 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 Reso, 2018-02 6 • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 2018-02 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW AND VARIANCE TO LEGALIZE AND RETAIN PREVIOUSLY GRADED PATH AT THE REAR OF THE PROPERTY AND TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT IN ZONING CASE NO. 935, -1 MIDDLERIDGE LANE NORTH (LOT 15, 16, 17-MR), ROLLING HILLS, CA. (CIPOLLA). Was approved and adopted at a regular meeting of the Planning Commission on February 20, 2018 by the following roll call vote: AYES: Commigsioners Cooley, Seabum, and Chair Chelf. NOES: None. ABSENT: Commissioner Kirkpatrick. ABKAIN: Commissioner Cardenas (recused). and in compliance with the laws of California was posted at the following: Administrative Offices. atc:c4-SelA._ YN TIE HALL CITY CLERK • ,..,.., ..(4 ;': ::: ' .'•, .7.Yi'•' •• ,'.. '-,''''''•'',''-' ,....".,:.;•-•••:'e:.f^.. '"-'.; .,.; '•,':',t ,'':•.,.' '' .:., ' .•,'.•.'•••',}• .... ...,•, ..',•'; .''i•,, .'.', ' •.,1 ' ..;t:„•;.^'i.?.i ..•";r,"...-•..,:''s"•'.r"''."..217.' 4.:7:'':'•'.4. ;') S '&. -''', '''''.-'i.t.'-' . .",:. . ,;.,:• '.,:,,," • .,. . •-l-..., •''-'''.'".-'' ; sY A ; -<. : ;(el.'.' , , ,....,:,41.. ,e.• ..,.'..'..:,.-‘-,, 2..7 ' , .'i ..,.'.,,:i:.,t' •••'c' .1,' " 4q' . t.,.t.: •‘•,•L,:.,-. '.. 4. , •.(1. ' . ' • . • , . i F.. ' ''''' — .' ' ' • ' ' ' . . ' f ' '''' Reso. 2018-02 7 • gaud •11+v/boWMirend copy o1 Co alto ? :r' %qt..,tub ` s .h`i"