921, Construct a 7 ft fence in side, Resolutions & Approval Conditions•
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RECEVED
SEP 1 1 2017
City of Rolling Hills
By
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20171023257
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Recorder's Office, Los Angeles County,
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THIS FORM IS NOT TO BE DUPLICATED
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RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
09")i/'f17
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*20171023257*
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. 921
XX VARIANCES
I (We) the undersigned state
) §§
(SEE EXHIBIT A - ATTACHED)
I am (We are) the owner(s) of the real property described as follows:
26 EASTFIELD DRIVE, ROLLING HILLS, CA 90274 (LOT 86-A-EF)
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. 921
XX VARIANCES
I (We) certi
r re) under the penalty of perjury t tl)
Signa{ure SOnaFire
Vim- i Ic_
Name typed or printed
oing is true and correct.
Address 20 64S+-LL? 17rcvt
,��..., 14-2% CA- i Z1c/
City/State
Name typed or printed
— (ki1A- i
Address PAD E- ed
J'AR Mks, (� 16-2:/k-
City/State v
• •
See Exhibit A attached
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 CKI,cki-Ji4 }
COUNTY OF L. s 4 } s
On �b !7 before me, (Jte,v u SA-ranip ' , a Notary
Public, ersonally appeared
who 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
person(s) 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: 2 n , SA- 4A 1 '
Date Commission Expires O�-�r—�(
Commission No. .0)4=4e glt (
ti :+, ' BRUNO SARTINI
H COMM. #2068961
2^NOTARY PUBLIC • CALIFORNIA..
I-' ,rCommOsSAGrLeESCCA NNT,Y20=""
RESOLUTION NO. 2017-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A
CHICKEN COOP IN THE REAR YARD SETBACK, RETAIN A SHED IN THE
SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW
SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR
AMENITIES, IN ZONING CASE NO. 921, AT 26 EAS'1'FIELD DRIVE (LOT 86-
A-EF) ROLLING HILLS, CA, (CLINTON).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An. application was duly filed by property owners Kyle and
Jennifer Clinton with respect to real property located at 26 Eastfield Drive (Lot 86-A-EF)
Rolling Hills, CA requesting Variances. The Variances requested seek permission to: 1)
construct a 474 square foot infinity pool and spa partially located in the rear yard
setback 2) legalize a 72-square foot as -built chicken coop located in the rear yard
setback, 3) legalize a 144 square foot as -built shed in the side yard setback, 4) legalize an
as -built fire pit in the rear yard setback, and 5) construct an 39 square foot patio and 29
square foot barbeque in the rear yard setback, 6) receive a variance for keeping chickens
within 100 feet from the neighboring residence and within 25 feet of the rear property
line, and 7) increase the amount of disturbed area of the lot from 63.4% to 71.52% (40%
maximum allowed) due to grading for the proposed pool and outdoor amenities. All
grading for the project is for the construction of and access to the pool.
Section 2. The Planning Commission conducted duly noticed public hearings
on June 20, 2017, including a field trip, and July 18, 2017, to consider the application.
The applicants and neighbors within 1,000-foot radius of subject property were notified
of the public hearing 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 reviewed, analyzed and studied said proposal. At
its June 20th public hearing meeting, the Planning Commission expressed concern with
the pool equipment enclosure. It was pointed out that the pool equipment area will be
fully enclosed with standard height walls and.noise attenuation equipment required to
control the noise.
Section 3. The property is developed with a 3,146 square foot residence, 504
square foot garage with existing permits for up to a 926 square foot garage, rear patio
space, and a circular driveway with two driveway aprons.
Resolution No. 2017-10
26 Eastfield Drive
Section 4. The Planning Commission finds that the project is categorically
exempt from environmental review under the California Environmental Quality Act
(CEQA) as a "Class 3" project in that it is new construction of limited sized structures,
in accordance with the CEQA Guidelines, Class 3, Section 15303.
Section 5. Variances. Sections 17.38.010 through 17.38.050 of the Code
permit approval of a variance in order to grant 'relief from the standards and
requirements of the Zoning Ordinance when, due to exceptional or extraordinary
circumstances applicable to the subject property and not to other similar properties in
the same zone, strict application of the Code would deny the property owner
substantial property rights enjoyed by other properties in the same vicinity and zone.
With respect to the variances requested (as delineated in Section 1), the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the subject property that do not apply generally to other property or class
of use in the same zone in that, principally, the fact that the property is a substandard
sized lot and the size is considered an existing nonconforming condition. This means
that the RAS-1 zone requires a minimum of 1 net lot acre of land and the 0.66 acres of
developable land on the subject property falls extremely short of this zoning standard.
This has impacted some of the coverages associated with the lot. The applicant made
changes to the originally proposed project to help address the existing nonconforming
condition.
B. The requested Variances for structures located in setbacks and disturbance
are 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 in that swimming pools and associated equipment and chicken
coops and storage sheds are amenities common to, and characteristic of the large estate
sized properties that permit animal keeping and private recreational uses
complimentary to the single family RA S-1 Residential zone.
C. The swimming pool/ spa and outdoor amenities requested by the
property owners will not be injurious to neighbors. The chicken coop is an as -built
structure and has been in use for over one year. The neighbors have been aware of the
presence of the coop and have never communicated any problems with, its location in
proximity to their residence. The pool equipment enclosure will be fully enclosed to
mitigate any possible noise. With the exception of the as -built shed, which matches the
design of the residence, none of the proposed amenities will be visible from the street.
There is also landscaping between neighboring properties to help screen backyard
elements and attenuate noise.
D. The variances that allow for the project do not violate the spirit and intent
of development in the area. All of the requested amenities are compatible with
Resolution No. 2017-10 2
26 Eastfield Drive
residential and agricultural uses; storage, animal keeping, and recreational activities
appropriate for residential uses.
E. The proposed accessory uses are consistent with the portions of the Los
Angeles County Ha 7.ardous Waste Management Plan relating to siting criteria for
hazardous waste facilities in that the project site is not listed on the current State of
California Hazardous Waste and Substances Sites List
F. The variances do not grant special privileges to the applicant. To the
contrary, absent a variance, the property owner would be deprived of the same rights
and privileges afforded to other property owners in the vicinity, especially due to the
unusually small size of the property. This unique physical constraint makes it
infeasible for the property owner to comply with Sections 17.16.070.B (disturbance
limit) and 17.17.030 (development standards).
Section 6. Based upon the foregoing findings, the Planning Commission hereby
approves Zoning Case No. 921, request for Variances for construction of a 474 square
foot infinity pool and spa, partially located in the rear yard setback, legalizing a 72-
square foot as -built chicken coop located in the rear yard setback, legalizing a 144
square foot as -built shed in the side yard setback, legalizing an as -built fire pit in the
rear yard setback, and construction of an 39 square foot patio and 29 square foot
barbeque in the rear yard setback, along with allowance for keeping chickens within 100
feet from the neighboring residence and within 25 feet of the rear property line, and
allowance to increase the amount of disturbed area of the lot from 63.4% to 71.52% (40%
maximum allowed) due to grading for the proposed pool and outdoor amenities.,
subject to the following conditions:
A.' The Variance approvals shall expire within two years from the effective
date of approval as defined in Sections 17.38.070, unless otherwise extended pursuant to
the requirements of these sections.
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 shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation
Resolution No. 2017-10 3
26 Eastfield Drive
of this Resolution has occurred. If the 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
deadline 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 (RHMC).
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, LA County Building Code 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 conditions of approval specified herein shall be printed on the
construction plans submitted to the building department for plan check and permitting
and shall be available at all time at the construction site.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated June 14, 2017, except as otherwise provided in these
conditions. The working drawings submitted to the Department of Building and Safety
for plan check review shall conform to the approved development plan. All conditions
of the Variance approvals shall be incorporated into the building permit working.
drawings and where applicable complied with prior to issuance of a building permit.
F. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be
submitted to City staff for verification that the final plans are in compliance with the
plans approved by the Planning Commission.
Building permits may be required for the shed and any other outdoor "as
built" structure, if required by Building and Safety.
G. A 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. Further, the person
obtaining a building 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.
Resolution No. 2017-10 4
26 Eastfield Drive
H. Structural lot coverage of the lot shall not exceed 5,522 square feet or
19.27% of the net lot area with allowable deductions, in conformance with lot coverage
limitations (20% maximum). The size of the structures shall be measured from the
exterior surface of the outside walls.
I. The total lot coverage proposed, including structures and flatwork, shall
not exceed 9,581 square feet or 33.44% (with deductions), of the net lot area, in
conformance with lot coverage limitations (35% max).
*J. Grading for this project shall not exceed 1,284 cubic yards total which
includes 172 cubic yards of cut, 132 cubic yards of fill and 980 cubic yards of grading for
the future stable and corral. An export of dirt for the pool excavation may not exceed 40
cubic yards. The disturbance of the lot shall not exceed 71.52%, including the future
stable and corral area.
K. • A drainage plan, if required by the Building Department shall be prepared
and approved by City Staff prior to issuance of a construction permit. Such plan shall be
subject to County Code requirements.
L. The proposed pool equipment enclosure shall be fully enclosed (with the
exception of the roof) along with the service yard, but not be located in the RHCA
easement, unless permitted by the RHCA.
M. Per LA County Building Code requirements, a pool barrier/fence shall be
required.
N. With the exception of those areas already permitted by the RHCA under
the existing license agreement, perimeter easements and trails, if any, including
roadway easements shall remain free and clear of any improvements including, but not
be limited to, driveways, fences including construction fences, landscaping, irrigation
and drainage devices, except as otherwise approved by the Rolling Hills Community
Association.
O. 65% of any construction materials must be recyded or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permit prior to start of work.
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, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
Resolution No. 2017-10 5
26 Eastfield Drive
Q. During construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby unimproved roadway
easement adjacent to subject site. There shall be no blocking of adjacent driveways or of
the roadway easement for passage of pedestrians and equestrians. During construction a
flagmen shall be present to direct traffic when it is anticipated that a lane may be
impeded. During construction,' to the maximum extent feasible, employees of the
contractor shall be encouraged to car-pool to and from the City.
R The property owner shall at all times maintain the pool equipment within
the proposed enclosure such that it does not create any undue noise disturbances or
visual impacts to neighbors. Sound attenuating equipment shall be installed to dampen
the sound. The pool equipment shall utilize the most• quiet and technologically
advanced equipment to dampen the sound.
S. 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) requirements related to solid waste, drainage and storm water
drainage facilities management.
T. Any proposed modifications of the project after approval of the
application will be subject to Section 17.38.065 of the Rolling Hills Municipal Code.
U. The applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective.
V. The existing driveway is proposed to be removed and replaced with a
pervious surface as illustrated in the plans submitted on June 14, 2017. The project
cannot be finaled without this change made to the existing driveway because lot
coverages will be over the allowable limit under the zone without the modified surface.
PASSED, APPROVED AND ADOY1'ED
BRAD CHELF,
ATTEST:
JULY 2017
HEIDI LUCE, CITY 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.
Resolution No. 2017-10 6
26 Eastfield Drive
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2017-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF VARIANCES TO RETAIN A
CHICKEN COOP IN THE REAR YARD SEl'BACK, RETAIN A SHED IN THE
SIDE SETBACK, RETAIN AN AS -BUILT FIRE PIT, TO EXCEED THE
PREVIOUSLY APPROVED LOT DISTURBANCE, CONSTRUCT A NEW
SWIMMING POOL AND SPA AND TO CONSTRUCT VARIOUS OUTDOOR
AMENITIES, IN ZONING CASE NO. 921, AT 26 EASTFIELD DRIVE (LOT 86-
A-EF) ROLLING HILLS, CA, (CLINTON).
was approved and adopted at a regular meeting of the Planning Commission on
July 18, 2017 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Seaburn and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
Resolution No. 2017-10 7
26 Eastfield Drive