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768, addition to SFR of less than 1, 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 0iI2121?l.. I I'I, 20090772773` 41 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. 768 XX VARAINCE ) §§ I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 13 OUTRIDER ROAD, ROLLING HILLS, (LOT 94-A-EF) 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 ZONING CASE NO. 768 VARIANCE XX: (We) certif (or declare) under the penalty of perjury that the foregoing is true and correct. .., Signature v �/ Signature CIYI�j Tek_ YoO Name typed or printed (3 �OUTj2x-7 f? / oAD j Address L-744 It -us 2 1(IL City/State Name typed or printed Address City/State Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL State of California ) ss County of Los Angeles ) On 2 ( /2.-0 before 7001 ri &z_r_ Personally appeared 'l .� JA-14 y©O x who proved to me on thebasis of satisfactory evidence to be the person me, whose name arr� ed to the within instrument and acknowledged to me that f / Fieyt>.ey executed t e samc"in - it authorized capacity(ies)' and that by Ili& (signature,(] on the instrument the , or the entity upon behalfof which the per on acted, executed he 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) D00 HYUNG Y00 Commission # 1817090 Notary Public - California Los Angeles County My Comm. Expires Nov 8, 2012 • 41, RESOLUTION NO. 2009-04 got rf A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE REQUIREMENT THAT A STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE IN ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 768, AT 13 OUTRIDER ROAD, (LOT 94-A-EF), (HANG JA YOO ). 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 Mrs. Hang Ja Yoo with respect to real property located at 13 Outrider Road, Rolling Hills (Lot 94-A-EF) requesting a Variance from the requirement that a stable and corral be constructed or an area for a future stable and corral be set aside in order to improve their property by adding 629 square foot addition to the existing residence. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application and at a regular meeting on March 17, 2009, April 21, 2009 and at a field trip on April 7, 2009. 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 her representatives were in attendance at the hearings. Section 3. The property is zoned RAS-1 and consists of 1.3 acres gross (58,000 sq. ft.) and 42,176 sq.ft. net lot area for development purposes. The property is located at the end of a cul-de-sac and the development is accessed from Outrider Road via a long driveway. The lot has two street frontages, Outrider and Eastfield. The existing building pad and the residence is located in the rear of the lot, closer to Eastfield Drive than to Outrider Road. The property slopes upwards from the front to the rear, from 1020 elevation to 1070 elevation of the building pad in approximately 150 feet on the north side of the property and from 1030 to 1070 elevation in 104 feet along the south side of the property. In August 2008, the applicant submitted an application for a new 3,854 square foot new residence with 440 square feet attached porches, 629 square foot garage, 3,874 square foot basement, 689 square foot swimming pool/ spa, service yard, and barbeque area. The existing house was to be demolished and the driveway widened. Variances were also requested to locate the area for future stable in the front yard of the lot, to construct 5-foot walls in the front yard area and to exceed the maximum permitted disturbed area (53.1%). In order to enlarge the existing building pad area for the proposed residence and to create a pad for a future stable several 5-foot walls were proposed in front of the residence. Proposed grading was 2,725 cubic yards of cut and 2,725 cubic yards of fill, (5,500 c.y. total). ZC NO. 768 Reso. 2009-04 1 • • Recognizing the Planning Commission's concerns over the proposed development including the many Variances and grading, the applicant withdrew the application for the new residence and grading and is now proposing to remodel and add 629 square feet to the existing residence. 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. The Planning Commission considered the request for the Variance and reviewed the shape of the existing structure and the extreme slope in front of the existing building pad. The Planning Commission, after lengthy consideration and discussion, came to the conclusion that the configuration and the topography of the lot could not support the construction of a stable and corral without substantial grading and importation of soil. By granting this Variance the City is not setting a precedent for similar requests in the future because it makes its determination on the unique characteristics of this property and the current circumstances. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. 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. 170 is required because it states that every lot or parcel for which an approval is required shall have an area developed with or set aside for a combination stable and corral of a minimum of 1,000 square feet, and accessway thereto that does not exceed a slope of 25%. Further, Section 17.16.200 states that stable and corral shall not be located on a portion of the lot where the slope is greater than four to one (25%). The applicant is requesting a Variance to not to set aside an area for a stable and corral. 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 properties or class of use in the same vicinity and zone. The property was developed in 1960 on an irregularly shaped lot, when there was no requirement that an area for a stable and corral be set aside. Subject property, together with the adjoining properties, was developed on a small building pad with steep slopes descending towards Outrider Road. The slopes beyond the existing building pad descend at a gradient of 33% to 38%. These slopes could not support construction of a stable and corral without substantial grading and importation of soil. These circumstances currently exist and the proposed project ZC NO. 768 Reso. 2009-04 2 • • does not create the inability nor contribute to these circumstances that necessitate this Variance. B. The Variance is 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. The existing residence is one of the smallest on the block and consists of 2,440 square feet with a 400 square foot garage. With the addition of 629 square feet, the residence would still be smaller than most of the homes in the vicinity. The application for the addition triggers the requirement that an area for a stable and corral be set aside. The proposed addition is not the cause for the inability to set aside an area for a stable and corral on the lot because the existing building pad could not accommodate a stable and corral that would meet the Health Department's and City's requirement that a stable and corral be located not less than 35 feet to residential structure. 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. There is no suitable area on the property to construct a stable and corral. The variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The improvements to the residence will benefit the entire neighborhood. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that no grading is required for the addition, and by granting the variance to not to construct or set aside an area for a stable and corral no grading will occur in the future and the natural terrain and vistas will be preserved. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because in order to construct a stable and corral substantial grading would have to be undertaken and importation of soil would be required, which is not in keeping with the goal of the General Plan. In addition, Variances would have to be granted to construct the stable in the front yard and to exceed the already non -conforming disturbance of the lot. F. The project conforms to the requirements of the California Environmental Quality Act and the Los Angeles County Hazardous Waste Management Plan. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance in Zoning Case No. 768 to not to set aside an area for a future stable and corral, subject to the following conditions: A. The Variance from the requirement that stable and corral be constructed or that an area be set aside for a future stable and corral shall be applicable to the current request for addition only. B. Granting the Variance so as to relieve the property owner from the obligation to identify and set aside an area for a stable and corral does not ZC NO. 768 Reso. 2009-04 3 • • preclude the current or future property owners from applying to the City for approval to construct a stable and corral at a future date if a suitable location or construction plan is later identified. C. It is declared and made a condition of this Variance 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. 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 this 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 March 5, 2009 except as otherwise provided in these conditions. F. The property owners shall comply with the requirements of the Lighting Ordinance, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. Structural lot coverage shall not exceed 4,524 square feet or 11.0% in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 10,675 square feet or 25.0% in conformance with total lot coverage limitations. K. The disturbed area of the lot shall not exceed 18,910 square feet or 45.0% in conformance with disturbed area limitations. L. Residential building pad coverage on the 8,267 square foot residential building pad (not in setbacks) shall not exceed 4,177 square feet or 50.5%, which do not include portion of the porch. M. There shall be no grading for this project. N. If new landscaping is introduced for this project, the landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray. Further, landscaping shall be designed using mature trees and shrubs so as not ZC NO.768 Reso. 2009-04 4 • a to obstruct views of neighboring properties but to screen the project. If new trees or shrubs are planned in conjunction with this project, at maturity, they shall not be higher than the ridge height of the residence. O. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. P. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. Q. During construction, conformance with the air quality management district requirements, stormwater 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. 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. If a construction fence is erected during construction, it shall not be located in easement or cross over trails, if any. T. 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. U. During construction all easements shall remain clear and free of debris, vehicles, building materials, building equipment and all other construction objects, except when it is necessary to park during working hours in the roadway easement. 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) related to solid waste. W. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. X. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition E. ZC NO. 768 Reso. 2009-04 5 • • Y. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any future grading or structural development on the property shall require the filing of a new application for approval by the Planning Commission. Z. The applicant shall execute an Affidavit of Acceptance of all conditions of this approval pursuant to Section 17.38.060, or the approval shall not be effective. AA. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AB. 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. AC. The conditions of approval specified herein shall be printed on the plans submitted to RHCA and to LA County Building and Safety for plan check and on all subsequent plans. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF APRIL 2009. ATTEST: QVidi Pkz-,6c,„„c z.L 101 RICHARD HENKE, CHAIRMAN' HEIDI LUCE, INTERIM DEPUTY CITY CLERK ZC NO. 768 Reso. 2009-04 6 • a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2009-04 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE REQUIREMENT THAT A STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE STABLE AND CORRAL BE SET ASIDE IN ORDER TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 768, AT 13 OUTRIDER ROAD, (LOT 94-A-EF), (HANG JA YOO). was approved and adopted at a regular meeting of the Planning Commission on April 21, 2009 by the following roll call vote: AYES: Commissioners Smith, Witte and Chairman Henke. NOES: None. ABSENT: Commissioners DeRoy and Pieper. ABSTAIN: None. and in compliance withthe laws of California was posted at the following: Administrative Offices. Via) INTERIM DEPUTY CITY CLERK ZC NO. 768 Reso. 2009-04 7