825, To be allowed to exceed the ma, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND
b'RAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
PORTUGUESE BEND RD.
POLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
9 15120—
*20130246542*
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION,
Sep �>l`r�u
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 825
XX SITE PLAN REVIEW XX VARIANCE XX CONDITIONAL USE PERMIT
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
49 EASTFIELD DRIVE, ROLLING HILLS, CA 90274 (LOT 33-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. 825
XX SITE PLAN REVIEW XX VARIANCE XX CONDITIONAL USE PERMIT
I (We) certi lare) der the penalty of perjury that the foregoing is true and correct.i.
Signature Signature
n/(4121C D I CKS a 374iv 1C.tc Dicies ON.1
Name typed or printed Name typed or printed
Address q N Seer 15 Address ' I N Sea 1 S !e 17(
[-ON 6- Se*Gr-f c R, a3 t..Uh 1 Ia. cA q a0
City/State City/State
• •
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2013-01
State of California )
County of Los Angeles )
Ong 'brim 2,e, 7 "A before me,
1k t.e�t' e Pa.( if —i r fi f r) -1-a w Pb b l i
(Insert Name of Notary Public and Title) `
Personally
appeared a t4.< . 0i`r..lc .Sn,i» n hi c. P. D ax se)in
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie are
subscribed to the within instrument and acknowledged to me that Ili/ sVe/ they executed the same in
4A/hef/their authorized capacity(ies) and that by h4/ ti& /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 by hand and official seal.
( Seal)
Signature of Notary
VALERIE PAULEY
Commission # 1693365
Notary Public - Catifornta
Los Angeles County
My Comm. Expires Jun 20.2014 [
•
E-90-1( Ir
RESOLUTION NO. 2013-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
AND CONDITIONAL USE PERMIT (CUP) FOR THE CONSTRUCTION
OF A STABLE AND CORRAL AND A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBANCE OF THE LOT, IN ZONING
CASE NO. 825, (LOT 33-EF), AT 49 EASTFIELD DRIVE, ROLLING
HILLS, CA. (DICKSON). 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. Mark Dickson
with respect to real property located at 49 Eastfield Drive (lot 33-EF) requesting a
Conditional Use Permit to construct a stable and corral, a Site Plan Review for
grading for the construction and a Variance to exceed the maximum permitted
disturbance of the lot. The stable is proposed to be 600 square feet with a 200
square feet covered porch. The corral area is proposed to be 4,500 square feet, a
portion of which would encroach into the rear yard setback.
Section 2 This proposal is subject to the recently adopted stable
ordinance, which requires that all new stables over 200 square feet and corrals
over 550 square feet be reviewed under the Conditional Use Permit process. A
Variance is required due to the proposed exceedance of disturbance on the Iot and
a Site Plan Review is required due to the grading.
Section 3. In March 2012 an administrative approval was granted to
construct a 971 square foot addition with 1,196 square foot basement and for
major remodel of the residence, where most of the walls were to be demolished,
as well as to relocate and change the shape of the existing swimming pool, which
is not to exceed 756 square feet. When completed the house will be 3,261 square
feet with 1,196 square foot basement, the garage (2 separate garages), 948 square
feet total and the pool 756 square feet.
Section 4. 48.9% of the lot was previously disturbed and is legal non-
conforming. No additional grading or disturbance of the lot was required for the
addition and the swimming pool. With the grading for the stable and corral, 71.6%
of the lot will be disturbed, which requires a Variance. Two driveways exist on the
property and are legal non -conforming.
Section 5. The Planning Commission conducted duly noticed public
hearings on the subject application on November 20, 2012 and January 15, 2013
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and in the field on November 20, 2012. The applicant was 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 and applicant's representative were in attendance at the
hearings.
Section 6. The Planning Commission finds that the project qualifies as a
categorical exemption from environmental review under the California
Environmental Quality Act.
Section 7, Section 17.18 of the Rolling Hills Municipal Code permits
approval of a stable over 200 square feet and a corral over 550 square feet,
provided the Planning Commission approves a Conditional Use Permit. With
respect to this request for a Conditional Use Permit, the Planning Commission
finds as follows:
A. The granting of a Conditional Use Permit for the construction of the
stable would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan because the use is consistent with similar uses in the
community, meets all the applicable code development standards for a stable, and
the area is located in an area on the property that is adequately sized to
accommodate the stable and adjoining corral. The proposed structure is
appropriately located in that it will be sufficiently separated from nearby structures
used for habitation or containing sleeping quarters both on and off the project site.
B. The nature, condition, and development of adjacent structures have
been considered, and the project will not adversely affect or be materially
detrimental to these adjacent uses, buildings, or structures because the proposed
stable and corral orientation is not towards neighbors and its general location is of
sufficient distance from nearby residences so as to not impact the view or privacy of
surrounding neighbors. The neighbor most affected by the construction attended
the field trip meeting and did not object to the project.
C. The project is harmonious in scale and mass with the site, the natural
terrain, and surrounding residences because the stable complies with the low
profile residential development pattern of the community and will not give the
property an over -built look. The lot is sufficiently large to accommodate the
proposed structure. The stable will be screened from neighbors view by trees that
will be retained on the adjacent property. The corral will maintain an open area of
the property.
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D. The proposed conditional use complies with all applicable
development standards of the zone district and requires a Conditional Use Permit
pursuant to Section 17.18 of the Zoning Ordinance.
E. The proposed conditional use is consistent with the portions of the
Los Angeles County Hazardous Waste Management Plan relating to siting criteria
for hazardous waste facilities because the project site is not listed on the current
State of California Hazardous Waste and Substances Sites List.
Section 8. Section 17.46.030 requires a development plan to be submitted
for Site Plan Review and approval before any grading requiring a grading permit or
any building or structure may be constructed. With respect to the Site Plan Review
application for the grading for the stable, corral and stairs, the Planning Commission
finds as follows:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed project complies
with the General Plan requirement of low profile, Iow-density residential
development with sufficient open space between surrounding structures. The net lot
area for development purposes is 42,295 square feet. The development conforms to
Zoning Code setbacks and lot coverage requirements, except for the small portion of
the corral, which would encroach into the rear setback. The proposed project is
screened from the road so as to reduce the visual impact of the development.
Although the disturbed area will exceed the maximum permitted, the exeedance is
necessary if a stable and corral is to be constructed or area set aside, as it is a
requirement of the City that every Iot be developed with a stable and corral or an
area set aside for a future stable and corral be provided. Currently the lot exceeds
the maximum permitted disturbance and is legal non -conforming.
B. 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 lot to look overdeveloped. The applicant is utilizing an
area of the Iot that is of least slope to develop the stable and corral. Significant
portions of the lot will be left undeveloped so as to maintain open space on the
property. The structures will be screened. The nature, condition, and development
of adjacent uses, buildings, and structures and the topography of the lot have been
considered, and the construction will not adversely affect or be materially
detrimental to the adjacent uses, buildings, or structures because the proposed
structures will be constructed on a portion of the lot which is least intrusive to
surrounding properties, will be screened and is of sufficient distance frorn nearby
residences.
C. The proposed project is compatible with the General PIan and the
Zoning Ordinance. The Land Use Element of the General Plan establishes the
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maintenance of strict grading practices to preserve the community's natural terrain.
The Building Code and the Zoning Ordinance require a balanced cut and fill ratio
and do not permit import or export of soil, except under special circumstances
applicable to a property and with a discretionary permission by the Planning
Commission. The project conforms to the grading requirements, Zoning Code
setbacks, (equestrian uses are allowed to encroach into the rear setback) and lot
coverage requirements.
D. 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 set forth in the Zoning Code will not be
exceeded and the proposed project is consistent with the scale of the neighborhood
and will substantially utilize the existing relatively flat area for the new
construction.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed development will utilize the existing driveway.
F. The project conforms to the requirements of the California
Environmental Quality Act and is exempt.
Section 9. 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 17.16.070
(B) is required because it states that the lot disturbance shall be limited to 40.0% of
the net lot area. The applicant is requesting a Variance because total disturbance of
the net lot area is proposed to be 71.6%. 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 this property that do not apply generally to the other properties in the
same zone. The property is unique in that the lot was previously disturbed to more
than the maximum permitted and in order to either set aside or construct the
required stable and corral, more grading is necessary; thus more disturbance.
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 would be denied to the property in question absent a variance.
Many of the homes in the area are developed with stables and other accessory uses,
and the area proposed for grading, a portion of which is already relatively flat, but
4
which will be enlarged for the proposed construction, is conducive to such
development, as there is no other area on the lot where a stable and corral may be
located.
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. Significant portions of the lot will be left
undeveloped so as to maintain open space on the property. The additional graded
area is on a portion of the lot which is not intrusive to surrounding properties, and
will be screened from nearby residences and from the street so that the graded
condition will not impact the view or privacy of surrounding neighbors, and will
permit the owners to enjoy their property without deleterious infringement on the
rights of surrounding property owners.
D. In granting the variance, the spirit and intent of the Zoning Ordinance
will be observed. The purpose of the Zoning Ordinance is to regulate development
in an orderly fashion and in a manner consistent with the goals and policies of the
General Plan. Approval of the variance will not impede any goals of the Zoning
Ordinance or the General Plan. Rather, the variance will allow the property owner
to enjoy the same rights and privileges afforded to other property owners in the
vicinity, where the topography of the lots dictate grading requirements for property
development. The overage requested is not substantial, due to the already existing
exceedance, and does not undermine the spirit or intent of the Zoning Ordinance.
E. The variance does 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. Unique
circumstances applicable to the subject property make it infeasible fox the property
owner to comply with Section 17.16.070.
In order to construct a stable of any size, grading would be required and therefore
exceedance of the disturbance of the lot, as the existing disturbance already exceeds
the maximum permitted. The proposed use will be compatible with the City's goal
of promoting equestrian uses and the stable and corral, according to the applicants,
will be truly a working stable with a large corral to exercise the horses.
E. The variance is consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities.
Section 10. Based upon the foregoing findings, the Planning Comrnission
hereby approves Zoning Case No. 825 a Site Plan Review, Conditional Use Permit
and a Variance for a stable and corral and to exceed the maximum permitted
disturbance of the lot subject to the following conditions:
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A. The Site Plan, Conditional Use Permit and Variance approvals shall
expire within two years from the effective date of approval as defined in Sections
17.38.080 and 17.42.070, unless otherwise extended pursuant to the requirements of
this section.
B. It is declared and made a condition of this approval 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 dated August 16, 2012 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, Site Plan Review and CUP approvals, herein as
applicable, shall be incorporated into the building permit working drawings and
complied with prior to issuance of a building permit from the building department.
E. 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.
F. Structural lot coverage of the lot shall not exceed 6,151 square feet or
14.5% of the net lot area, in conformance with lot coverage limitations (20%
maximum).
G. The total lot coverage proposed, including structures and flatwork shall
not exceed 12,601 square feet or 29.8%, of the net lot area, in conformance with lot
coverage limitations (35% max).
H. The disturbed area shall not exceed 71.6% of the net lot area and the
grading shall consist of 260 cubic yards of cut and 456 cubic yards of fill. The balance
of the fill shall be taken from the excavation of the basement for the house. No import
or export of dirt shall be permitted, except that export of dirt from excavation
activities is allowed.
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1. The corral may encroach no more than 10-feet into the rear setback. The
corral shall be pervious and if not in use for equestrian activities must remain
pervious and may not be paved.
J. The corral area shall be encircled or otherwise delineated by the
applicant by installing a three rail fence, subject to the requirements of the Zoning
Ordinance.
K. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on
said property.
L. All utility lines to the stable shall be placed underground, subject to all
applicable standards and requirements.
M. A drainage plan, shall be prepared and approved by Building and
Safety Drainage Engineer prior to issuance of a construction permit. Such plan shall
be subject to County Code requirements and an approved copy submitted to the
City.
N. The property owners shall comply with the requirements of the Zoning
Ordinance pertaining to roof covering (RHMC 17.16.190).
O. The stable uses are subject to the requirements of Section 17.18 of the
RH Zoning Ordinance. The access to the stable and the corral area must have
pervious surface. Access may not exceed a slope of 25%.
P. The stable and corral, including any fence encircling the uses, shall be
no closer than 25-feet to the side property line and no loser than 35-feet to the
residence.
Q. If landscaping of 5,000 square foot area or greater, other than the
existing trees, is introduced for the stable and corral area, the landscaping shall be
subject to the requirements of the City's Water Efficient Landscape Ordinance.
All graded areas (other than corral) shall be landscaped for erosion control.
Any new trees introduced for this project shall be of species that at full growth will
not be taller than the ridge line of the stable and shall be maintained at that height at
all times.
R. Perimeter easements and trails, if any, including roadway easements
shall remain free and clear of any improvements including, but not be limited to,
fences -including construction fences, landscaping, irrigation and drainage devices,
except as otherwise approved by the Rolling Hills Community Association.
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S. 50% of any construction materials must be recycled or diverted from
landfills. The hauler of the materials shall obtain City's Construction and Demolition
permit prior to start of work.
T. 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.
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) requirements related to solid waste, drainage and
storm water drainage facilities management.
W. The conditions of approval specified herein shall be printed on the
construction plans submitted to the RHCA and buidling department for plan check
and permitting.
X. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional grading or structural development shall require the filing of a new
application for approval by the Planning Commission.
Y. 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.
Z. 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 ADO1'1ED THIS 15th DAY OF JANUARY 2013.
JFPIEPER, C
ATTEST:
CIIPLCV»46
HEIDI LUCE, DEPUTY CITY CLERK
8
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) § §
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2013-01 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SIZE PLAN
REVIEW AND A CONDITIONAL USE PERMIT (CUP) FOR THE
CONSTRUCTION OF A STABLE AND CORRAL AND A VARIANCE TO
EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE LOT, IN
ZONING CASE NO. 825, (LOT 33-EF), AT 49 EASTFIELD DRIVE,
ROLLING HILLS, CA. (DICKSON). THE PROJECT HAS BEEN
DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at regular meeting of the Planning
Commission on January 15, 2013 by the following roll call vote:
AYES: Commissioners Mirsch, Smith and Vice Chairman Chelf.
NOES: None.
ABSENT: Commissioner Henke and Chairman Pieper (recused).
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
HEIDI LUCE, DEPUTY CITY CLERK
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This is a true and certified copy t le record
if it be,Irs the sea inihrinWi pui,,Dic=, ink,
of the Registrar-Recerdeh"Oeunty C erk
1 5 2013
RMSTR,,P.-FCCITEPICOUFain -
LOS Atit;ELES COUNTY, CALIFORNIA