809, Relocate existing pool equipme, Resolutions & Approval ConditionsI (We) certify
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RECORDING 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. 809
XX VARIANCE
(We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
11 OUTRIDER ROAD, (LOT 93-A-EF) 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, all the stated conditions in said case:
ZONING CASE NO. 809
XX VARI�NCEAi*
under the penalty of perjury_ hat the foregoing is true and correct.
SignatUre"f
£ RG� Mo.ssA LL;
Name typed or printed
Address 2�
e.OS 44.141,C-A9e
City/State
Ignature
r ts. 1 %/IQaSs AL_G-;
Name typed or printed
// pci,2i A►J2 %424,
ress
f/, Jam►, ,'L4 s , eA
City/State
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2011-14
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On 1 , g— a�,Z before me,
Personally appeared AA // /9 /�• /t 0if S //i' find Gef9rge //01/,4Sa///.
v� �r
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 1s/ are
subscribe& the within instrument and -acknowledged to me that he/-sfhefthey executed the same in
hisiherityeir- authorized capacity(ies) and that by ht—/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.
Signature of Notary
( Seal)
VICKY K THEVER
Commission # 1815003
Notary Public California
Los Angeles County
My Comm Exoires Sep 26, 2012 t
RESOLUTION NO. 2011-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO
CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL,
UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH
WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND
TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE
LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY
RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO.
809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE
PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM 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. George Moussalli with
respect to real property located at 11 Outrider Road, Rolling Hills (Lot 93-A-EF)
requesting a Variance to construct a 190 square foot outdoor kitchen including a pizza
oven and fire place, 5' high wall behind the kitchen, encroach 10 feet with a patio into
the side yard setback and construct an 80 square foot pool equipment area in the side
and front yard setbacks and a Variance to exceed the currently disturbed lot area by
0.1%.
Section 2. Records show that the residence was constructed in 1957 and the
swimming pool in 1958. In 1998 a 981 square foot addition to the house was
constructed. The swimming pool and spa were constructed, with building permits, in
the front yard area of the lot, partially in the side setback, and are legal non -conforming.
A pool equipment area is currently located close to the residence, in the side yard
setback. The proposal calls for relocating the pool equipment towards the front of the
pool, in the front yard area of the lot. The pool equipment will be tucked into the slope.
An over-the-counter approval was granted to reconstruct the pool and spa, within the
existing footprint and configuration, to resurface the driveway, to continue a maximum
3' high wall along the driveway, to construct a fire pit and to enlarge the side patio.
Pursuant to Section 17.24.020 of the Zoning Ordinance legally constructed non-
conforming structures may be maintained and repaired. In addition, pursuant to
Section 17.16.140, an uncovered patio may project into the side yard setback up to 6; feet.
Such patio shall not extend above the floor level of the building or the surface 'of the
ground. Not to exceed 3' walls are allowed along a driveway.
Section 3. The Planning Commission conducted duly noticed public hearings
to consider the application at a field trip visit and at their regular meeting on November
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15, 2011. 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 applicants' representatives were in
attendance at the hearings. The field trip public hearing and the regular meeting of the
Planning Commission were properly noticed.
Section 4. The Planning Commission finds that the project qualifies as a Class
1 Exemption, Existing Facilities, and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 5. 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. Sections 17.16.120 and 17.16.130 require a side yard of 20-feet from
the side property line in the RAS-1 zone and front yard of fifty feet (50') from the
roadway easement line. The applicants request a Variance to encroach into the east side
yard and front yard setbacks to permit the construction of outdoor amenities. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the other
property or class of use in the same zone because the existing pool and spa and the pool
equipment area were previously constructed in the front of the residence and partially
in setback. In respect to the pool equipment, the equipment existed in a different
location and it is being relocated. The outdoor kitchen is an integral part of outdoor
living in the City and there is no other area, without further grading or Variance for
locating it in the front yard, to place such an outdoor amenity.
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. The Variance is necessary to allow the
property owner to carry the theme of outdoor living along the side yard and to refresh
the appearance of the pool landscaping along with poviding additional enjoyment and
use of the pool. The Commission has considered the nature, condition, and
development of adjacent uses, buildings, and structures, and the topography of the area
in evaluating this finding and determined that the proposed structures are minor and
do not interfee with the openness of the lot.
C. The granting of the Variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located. The structures will give the proeprty a uniquly
refreshing look and feel. A substantial portion of the lot will remain undeveloped. In
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addition, the proposed structures, as conditioned, will be screened with vegetation so as
not, to be visible from surrounding properties.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance from the standards and requirements of the Zoning
Ordinance when exceptional or extraordinary circumstances applicable to the property
and not applicable to other similar properties in the same zone prevent the owner from
making use of a parcel of property to the same extent enjoyed by similar properties in
the same vicinity. A Variance to 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
54.1%. 54% of the net lot area is currently disturbed, and is legal non -conforming. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other property in the same
zone. The property is unique in that both the front and rear abut a street, creating a
much smaller area for determining the amount of soil that can be disturbed than other
properties that abut only one street. The City's requirements for net lot area
measurements disproportionately burden this property because two roadway
easements, one of which wraps around, plus ten feet around the entire property are
deducted from the gross lot area to come up with the net lot area for development
purposes. The lot currently exceeds the maximum permitted disturbance (54%), and the
overage is insignificant. The overage is required for placement of the pool equipment
area, in a place that would not be visible and be of sufficient distance from the residence
and neighbors.
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. The overage
is not significant and the property owner should not be denied the privilege of
relocating the pool equipment area away from their residence. The construction of the
pool equipment area causes the need for additional grading, which in turn exceeds the
disturbed area of the lot previously approved.
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 graded condition is on a portion of
the lot which is not intrusive to surrounding properties, and will be screened and
landscaped with trees and shrubs 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.
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D. In granting the variance, the spirit and intent of the General Plan and 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. The variance will allow the property owner to
enjoy the same rights and privileges afforded to other property owners in the vicinity.
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 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Variances in Zoning Case No. 809 to permit a 190 square foot
outdoor kitchen including a pizza oven and fire place, 5' high wall, encroach 10 feet
with a patio into the side yard setback and construct an 80 square foot pool equipment
area in the side and front yard setbacks and to exceed the currently disturbed lot area
by 0.1 %, subject to the following conditions:
A. The conditions of approval specified herein shall be printed on all
construction plans and shall be at all times available at the construction site.
B. The Variances approval shall expire within two years from the effective
date of approval as defined in Sections 17.38.070(A) unless otherwise extended
pursuant to the requirements of that section.
C. It is declared and made a condition of the Variances approval, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder 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 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 the Permit, or shown otherwise on an
approved plan.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated December 13, 2011, except as otherwise provided in
these conditions.
F. There shall be no grading for the project, except for the pool equipment
area in the front. The disturbed area of the lot shall not exceed 21,600 square feet or
54.1 %, which includes the graded pad for the future stable and corral.
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G. The structural lot coverage, including the future stable shall not exceed
5,578 square feet or 14.0% of the net lot area, (discounting the allowances). The total lot
coverage shall not exceed 13,982 square feet or 35.0% of the net lot area, which is the
maximum permitted. No additional hardscape shall be allowed, unless a Variance for
coverage is granted.
H. The coverage on the 19,500 square foot residential building pad shall not
exceed 26.3%, with the allowances.
I. Two sets of landscaping plans shall be submitted to staff prior to
obtaining building permits. The east side of the property in the vicinity of the outdoor
kitchen, pool and pool equipment area shall be screened at all times with trees and
dense brush, so as to muffle the sounds of the pool recreation area. All landscaped
areas shall utilize to the greatest extent feasible mature 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.
J. The pool equipment area shall be screened at all times with plants. A
sound attenuating material shall be installed within the pool equipment area to
dampen the sound emanating from the equipment.
K. During construction, 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, objectionable odors, landslides, mudflows, erosion, or
land subsidence shall be required.
L. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water to the front of the lot or as approved by the drainage Engineer.
M. The property owners shall be required to conform to the City of Rolling
Hills and RHCA Outdoor Lighting Standards, as well as all other requirements of the
Municipal Code.
N. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler must be licensed by the City, must have the appropriate insurance
and must provide the appropriate documentation to the City.
O. There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter on the property or adjacent areas.
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P. No grading, construction or storage of any objects including building
materials.shall take place in the easement, unless approved by the RHCA.
Q. 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 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.
R. 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.
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) related to solid waste.
T. The applicants shall execute an Affidavit of Acceptance Form of all
conditions of this Variance approval, pursuant to Section 17.38.060, or the approval
shall not be effective.
U. All conditions of this Variance approval must be complied with prior to
the issuance of a final inspection by City staff and Building Department.
V. This project shall be reviewed and approved by the Rolling Hills
Community Association Architectural Committee.
W. Any action challenging the final decision of the City made as a result of
the public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure
Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 20th D Y OF DECEMBER 2011.
HEIDI LUCE, DEPUTY CITY CLERK
HAIRM N
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STATE OF CALIFORNIA
COUNTY OF LQS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2011-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO
CONSTRUCT AN OUTDOOR KITCHEN, BARBEQUE, WALL,
UNCOVERED PATIO AND POOL EQUIPMENT AREA WHICH
WOULD ENCROACH INTO THE SIDE AND FRONT SETBACKS AND
TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE OF THE
LOT, ON A PROPERTY DEVELOPED WITH A SINGLE FAMILY
RESIDENCE AND ACCESSORY STRUCTURES IN ZONING CASE NO.
809, AT 11 OUTRIDER ROAD, (LOT 93-A-EF), (MOUSSALLI). THE
PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
December 20, 2011 by the following roll call vote:
AYES:. Commissioners Chelf, DeRoy, Henke, Smith and Chairman Pieper.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
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\.?
APR 3 0 2012
City of Rolling Hills
By