888, Construct a pool, walls, light, 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
05?i2f'
*2016060671 i•
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. 888 (SEE EXHIBIT A - ATTACHED)
XX SITE PLAN REVIEW XX VARIANCES
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
17 MIDDLERIDGE LANE NORTH, ROLLING HILLS, CA 90274 (LOT 5-MR)
This property is the subject of the above numbered cases and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 888
XX SITE PLAN REVIEW XX VARIANCES
I (We) certiiffy(. r . flare) under the penalty of perjury that the foregoing is true and correct.
Signature Signature
J� 14ni I_ ?r
Name type or printed Name typed or printed
Address
Address 17 M t04t.8 -tDc( LN
ca.ta.s.. CA- qal
City/State City/State
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 CLl;t '{''','''`'"v
COUNTY OF
}
}
On l 0, j /lam , before me, +ti , a Notary
Public, personally appeared
Clakr, !-
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(t
is/arty subscribed to the within instrument and acknowledged to me that he/sheLthey-
executed the same in his/he#thei•r-authorized capacity(ies`), and that by his/her/their
signature(4on the instrument the person(sj, 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:
��l t La.t,f f - a -
Date Commission Expires aCc1w+ a"'1 �, 70 1 '
Commission No. ''0 9?>0
MAMA u'ttfr'-1:Po
CGs tt'a3ic t 0 20')2017
t ctly Put% - Cw.`"Vr li s
LC3 Anr.t.1 Cr7,—.ty
Lim Cora. Ert'rez Jr.1 7 20111
w?C1-1E4if A
RESOLUTION NO. 2016-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR A SUBSTANTIAL ADDITION, GRADING, SWIMMING POOL,
PORCH, TRELLIS, AND WALLS AND VARIANCES FOR
ENCROACHMENT WITH PORTIONS OF THE ADDITIONS, WALLS
AND A LIGHTWELL INTO SETBACKS, TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AND TO EXCEED 2.5'
AVERAGE HEIGHT OF WALLS IN ZONING CASE NO. 888 AT 17
MIDDLERIDGE LANE NORTH, (LOT 5-MR), IN THE OVERLAY
ZONING DISTRICT-OZD-1, (POST).
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 Mr. and Mrs. John Post for a Site
Plan Review for a 1,055 square foot addition with 1,260 square foot basement, varying
heights, but not to exceed 5' high retaining walls, 492 square foot swimming pool with a
spa,100. square foot covered porch, 180 square foot trellis; 1,510 cubic yards of grading
(incl. 150 c.y. for future stable and excavation from the pool and basement); and
Variances to encroach with the front addition (395 sq.ft.) into the front 30' setback, with
120 sq.ft. of the 660 sq. foot side addition into the side yard setback, including with the
basement below, with 125 sq.ft. basement proposed under a portion of the existing
residence; to encroach with the walls and basement light well into the side setbacks; to
exceed the 2.5'required average height of retaining walls and to exceed the maximum
permitted disturbance of the lot. Additionally, stairs and not to exceed 3' high wall along
the stairs will be constructed in the south side yard setback to gain access into the rear of
the pool area, construction of which is compliant with the Zoning Ordinance.
The property received a condition with past approvals that any additional construction
or grading on the lot be reviewed and approved by the Planning Conunission.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on September 15, 2015, and at a field trip and at their regular
meeting on October 20, 2015, and on January 19, 2016. The applicants were notified of
the public hearings in writing by first class mail. Evidence was heard from all persons
interested in affecting said proposal and from members of the City staff. The Planning
Commission reviewed, analyzed and studied said proposal. The applicants and their
representatives were in attendance at the meetings of the Planning Commission. Several
neighbors testified in support of the project.
Section 3. The property is located in the RAS-1 Overlay Zoning District
(OZD-1) of the City. The OZD-1 was established within the RAS-1 Zoning District to
ZC No. 888 1
allow modernization, reconstruction, or enlargement of homes located on unique lots
generally characterized by steep terrain, smaller than typical lots in the City, smaller
than typical homes in the City, lots that are divided by a road and lots where
redevelopment of the existing home is difficult due to setback requirements.
Properties in the OZD-1 are allowed a reduced front yard setback for locating primary
structures including attached garages to 30' from the roadway easement line. In
addition, an existing encroachment of not more than 10' into the side setback may be
reconstructed; however, any new construction must comply with the 20' side yard
setback requirement.
Section 4. The Planning Commission finds that the project qualifies as a Class
3 Exemption, pursuant to Section 15303 of the CEQA (California Environmental Quality
Act) Guidelines and is therefore categorically exempt from environmental review.
Section 5. Section 17.46.030 of the Zoning Ordinance requires a development
plan to be submitted for Site Plan Review and approval before any structure, (with
exceptions), may be constructed. Section 17.46.020.A of the Municipal Code requires a
Site Plan Review for an addition exceeding 999 square feet, for grading, and walls
higher than 3 feet. With respect to the Site Plan Review applications for the
improvements subject to the requirements of the above listed Section, the Planning
Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan and
surrounding uses because the proposed project complies with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The construction of the additions will occur in
an area previously graded and disturbed and new earthwork will be confined to
creating a larger pad for the construction of the pool and related retaining walls to
accommodate the building pad and access thereto. The lot size is adequate to
accommodate the new addition and related walls and the pool and not look
overdeveloped.
B. The development plan substantially preserves the natural and undeveloped state
of the lot because minimal grading is required for the pad to construct the swimming
pool and related terraced areas and the additions will utilize the existing level area of
the lot. Significant portions of the lot 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
construction will not adversely affect or be materially detrimental to the adjacent uses,
buildings, or structures because the proposed improvements will be constructed on a
portion of the lot which is least intrusive to surrounding properties, will be screened
and landscaped with shrubs and trees and is of sufficient distance from nearby
ZC No. 888 2
residences so that the proposed project will not impact the view or privacy of
surrounding neighbors.
C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The proposed project is
consistent with the scale of homes in the surrounding RA-S-1, OZD-1 similarly zoned
neighborhood. The proposed project entails additions to the living area with a
basement, a trellis, swimming pool, pool equipment area, and terraced walls, all of
which are common improvements throughout the City. The project site, with the
development, will be within the allowed structural coverage (17% proposed, max.
permitted 20%) and total coverage of the lot (32% proposed/35% maximum permitted).
D. The development plan generally follows natural contours of the site to the
maximum extend practicable to accomplish groomed and usable areas of the lot.
Natural drainage courses will not be affected by the project. Minimal grading is
proposed and therefore existing drainage channels are not anticipated to be impacted.
The project construction will not be located in a canyon or on existing slopes that exceed
25%.
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 approach.
F. The project conforms to the requirements of the California Environmental
Quality Act (CEQA) and is exempt pursuant to Section 15303 of the CEQA Guidelines.
G. The project preserves much of the existing vegetation including trees and will
supplement these elements with drought -tolerant landscaping. A landscaping plan will
be filed with the City.
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 is required from RHMC Sections 17.16.190F and 17.16.060(B)
because the project exceeds the allowed maximum average of wall height of 2.5-feet and
the walls and basement light well would be Located in side yard setback.
Additionally, a Variance to Section 17.17.030 is required because it states that every lot in
the RAS-1, OZD-1 zone shall have a front setback of not less than 30 feet from the
roadway easement and for new construction, 20 feet from the side property line. The
applicants request a Variance to construct an 395 square foot addition that would
encroach into the front 30' setback; 120 square feet of the 660 square foot addition to
ZC No. 888 3
encroach into the side setback, including the basement, and in addition, 125 square feet of
the basement proposed under a portion of the existing residence would encroach into the
side setback.
A Variance to Section 17.060.070B is also required because the maximum disturbed area is
not to exceed 40% and this project is proposed to exceed maximum disturbance with
50.41%.
With respect to this request for Variances, 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 lots along Middleridge are narrow and are divided by the road, leaving very
small building pads for construction. For development purposes the road easement plus
additional 10' parallel to the road is deducted from the size of the lot; and for
Middleridge Lane properties that condition exists on both sides of the road, leaving a
smaller net lot area than lots where the road does not intersect the properties. Therefore
the disturbed area of the lot is measured against a smaller portion of the lot. The
exceedance of disturbance of the lot will result from future construction of the stable and
corral and is not related to the current project. The property is exceptional in that the
existing rear slope of the property is very steep, up to 1.5:1 slope, and in order to gain flat
area in the rear, retaining walls must be used, as typical grading methods would not
work in this condition. Additionally, in order to gain some back yard and to "catch" the
steep slope, the terraced walks with planters and retaining walls are necessary.
Otherwise a very tall wall would be required.
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 right and benefits enjoyed by
similarly situated properties in the same zone. The encroachment permits the use of the
lot to the extent allowed for other properties with similar lot configurations. The side
encroachment will be along the line of the current encroachment of the residence. The
property is located in the Overlay District of the City, where it has been determined the
lots are difficult to develop due to their configuration, size or steepness, and therefore
the front setbacks were reduced and side setback encroachment with existing structures
could remain and/or be reconstructed. The new addition along the line of the existing
encroachment will not be more intrusive or make the side look overdeveloped than
exists.
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. Development in the front setback is in line with some
of the other properties along Middleridge Lane North and is in line with the existing
ZC No. 888 4
side setback encroachment. The structural lot coverage and the total impervious lot
coverage are within the requirements of the City. The area of additions or pool would
not impair views.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed additions, pool and walls to create a patio area
will be orderly, attractive and shall protect the rural character of the community. The
proposed project will not encroach into potentially future equestrian uses on the
property. A suitable stable and corral area exists 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.
F. 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 7. Based upon the foregoing findings the Planning Commission hereby
approves the Site Plan Review and Variance application in Zoning Case No. 888 for a
1,055 square foot addition with a 1,260 square foot basement, varying heights, but not to
exceed 5' high retaining walls, 492 square foot swimming pool with spa, 100 square foot
covered porch, and trellis; all of which require 1,510 cubic yards of grading; and
Variances to encroach with the front addition (395 square feet), into the front 30'
setback, with 120 square feet of the 660 square foot new addition and new basement,
and 125 square foot basement addition, under the existing residence; to encroach with
the walls and basement light well into the side setback; to exceed the 2.5' required
average height of the retaining walls and to exceed the maximum permitted
disturbance of the lot. Additionally, stairs and not to exceed 3' wall along the stairs will
be constructed in the south side yard setback to gain access into the rear of the pool
area, construction of which is compliant with the Zoning Ordinance.
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be available at the construction site at all times.
B. The Site Plan Review and Variances approvals shall expire within two
years from the effective date of approval if construction pursuant to this approval has
not commenced within that time period, as required by Sections 17.46.080(A) and
17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise
extended pursuant to the requirements of those sections.
ZC No. 888 5
C. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have 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.
D. All requirements of the Building and Construction Code, the Zoning
Code, and of the zone in which the subject property is located must be complied with,
including the Outdoor Lighting Ordinance, unless otherwise set forth in this approval,
or shown otherwise on an approved plan. All existing overhead utility lines serving the
subject property shall be undergrounded pursuant to Section 17.27.030.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated February 2nd, 2016. Prior to submittal of final working
drawings to the Building and Safety Department for issuance of grading and/or
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. 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.
Further, 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.
G. The project must be reviewed and approved by the Rolling Hills
Community Association (RHCA).
H. Grading for the project shall not exceed a total of 1,510 cubic yards of cut
and fill, which includes future grading for a stable. No grading at this time shall be
conducted in the area set aside for a future stable. 585 cubic yards of dirt may be
exported from the excavation of the pool and basement. The resulting slopes shall not
exceed 2:1 gradient.
I. The proposed basement shall not exceed 1,260 square feet and shall meet
all requirements of the Los Angeles County Building Code for basements, including exit
doors and provision for light and ventilation.
ZC No. 888 6
A minimum of four -foot path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of the structure, including the
basement. The basement light well wall shall not be exposed more than 5' above grade.
J. Structural lot coverage shall not exceed 6,388 square feet or 17.3% of the
net lot area, in conformance with the zoning ordinance limit of 20%. Total lot coverage
of structures and paved areas shall not exceed 11,850 square feet, or 32.1 %, which is in
conformance with the zoning ordinance limit of 35%.
K. The new infinity pool and spa shall not exceed 492 square feet in total
area. The pool equipment shall be screened; if by a solid wall, the wall shall not exceed
4 feet in height at any point from finished grade. Sound attenuating equipment shall be
installed to dampen the sound. The swimming pool and the spillway shall utilize the
most quiet and technologically advanced equipment to dampen the sound.
L. The disturbance of the net lot area shall not exceed 18,623 square feet of
surface area or 50.4%.
M. Residential building pad coverage on the new 7,920 square foot residential
building pad shall not exceed 5,758 square feet or 72.7%, which includes the
encroachment into the reduced front yard setback.
N. Should 5,000 square feet or more of existing landscaping be altered or new
landscaping introduced, the applicant shall be required to conform to the City of
Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal
Code.
O. The applicant shall submit to the City two copies of a landscaping and
irrigation plan prior to obtaining grading permit. All backfilled and graded areas as
well as the slope between the walls shall be vegetated utilizing to the greatest extent
feasible medium to large size native and drought resistant plants. Plants shall be
utilized, which are consistent with the rural character of the community and meet the
fire department requirements for fire resistant plants. Any trees and shrubs used in the
landscaping scheme for this project shall be planted in a way that will not result in a
hedge like screening and as not to impair views of neighboring properties but to screen
the project site.
P. Pursuant to Section 17.17.030, 60% of the remaining front yard area shall
be landscaped, as defined in Section 17.12.250 of the Zoning Ordinance and such area
shall be shown on the plans as landscaped area.
Q. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler shall provide the appropriate documentation to the City.
ZC No. 888 7
R. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter anywhere on the property. Further, perimeter easements
and trails, if any, shall remain free and clear of any improvements including, but not be
limited to, driveways, fences -including construction fences, grading, stairs,
landscaping, irrigation and drainage devices, play equipment, parked vehicles, building
materials, debris and equipment, except if permitted by the Rolling Hills Community
Association.
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 equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
T. During construction, trucks shall not park, queue and/or idle at the project
site or in the adjoining right-of-way before or after the permitted hours of operations.
To the maximum extent possible, staging of equipment and parking of vehicles during
construction shall be on site.
U. If required by the City's drainage engineer, the applicant shall submit a
detailed drainage plan. This project may be subject to the requirements of the City's
Low Impact Development portion of the Storm Water Management and Pollution
Control ordinance triggered where 10,000 square feet or more of impervious surface is
reconstructed or added and/or the project is deemed hillside development.
V. No drainage device may be located in such a manner as to contribute to
erosion or in any way affect an easement, trail or adjacent properties. The energy
dissipaters, if required, shall be designed in such a manner as to not cross over any
equestrian trails or easements. The drainage system(s) shall not discharge water onto a
trail, shall incorporate earth tone colors, including in the design of the dissipater and
shall be screened from any trail and neighbors views to the maximum extent
practicable, without impairing the function of the drainage system.
W. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department requirements for the
installation and post construction maintenance of stormwater drainage facilities, and
their Best Management Practices (BMP's) related to solid waste and storm water
management, including erosion control measures.
X. The property owners shall comply with the LA County Public Health
Department requirements pertaining to septic sewer systems.
ZC No. 888 8
Y. During construction, conformance with the air quality management
district requirements shall be complied with, so that people or property are not exposed
to undue vehicle trips, noise, dust, and objectionable odors.
Z. The property owner and/or his/her contractor/applicant shall be
responsible for compliance with the no -smoking provisions in the Municipal Code.
AA. 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:
htM://www.wrh.noaa.eov/!ox/main.php?suite=safety&page=hazardTdefinitions#FIR
E. It is the sole responsibility of the property owner and/or his/her contractor to
monitor the red flag warning conditions.
AB. The property on which the project is located shall contain a stable and
corral or a set aside area to provide an area meeting all standards for a stable, corral
with access thereto.
AC. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property or this project, which would
constitute additional grading, height or structural development shall require the
filing of a new application for approval by the Planning Commission.
AD. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variances approvals, as required by the
Municipal Code, the approvals shall not be effective.
AE. All conditions of the Site Plan Review and Variance approvals, that
apply, shall be complied with prior to the issuance of building permit.
PASSED, APPROVED AND ADOPTED THIS 16 D
ATIFST:.
�w
HEIDI LUCE, CITY CLERK
RY
7BRU
RI - a LF, CHHAI
16.
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
ZC No. 888 9
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2016-02 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A SUBSTANTIAL
ADDITION, GRADING, SWIMMING POOL, PORCH, TRELLIS, AND WALLS AND
VARIANCES FOR ENCROACHMENT WITH PORTIONS OF THE ADDITIONS,
WALLS AND A LIGHTWELL INTO SETBACKS, TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AND TO EXCEED 2.5' AVERAGE
HEIGHT OF WALLS IN ZONING CASE NO. 888 AT 17 MIDDLERIDGE LANE
NORTH, (LOT 5-MR), IN THE OVERLAY ZONING DISTRICT-OZD-1, (POST).
was approved and adopted at a regular meeting of the Planning Commission on
February 16, 2016 by the following roll call vote:
AYES: Commissioners Cardenas, Kirkpatrick and Chairman Chelf.
NOES: Commissioners Gray and Smith.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
0118fi,66,
HEIDI LUCE
CITY CLERK
ZC No. 888 10