819, An extension of master bath, w, CorrespondenceCity of Ro lli..y Jh//
August 16, 2012
Mr. and Mrs. Claessens
9 Portuguese Bend Road
Rolling Hills, CA 90274
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX:(310)377.7288
ZONING CASE NO. 819. Request for a Variance
Dear Mr. and Mrs. Claessens:
This letter shall serve to notify you that the City Council at their regular meeting on
August 13 2012 received and filed your project.
Before this case takes effect you are required to record an Affidavit of Acceptance
Form together with the subject Resolution in the Office of the County Recorder.
Please read the conditions of approval, as some must be met prior to issuance of a
permit. In addition, the conditions of approval must be printed onto the cover sheet
of the plans.
I am enclosing a copy of RESOLUTION NO. 2012-14 specifying the conditions of
approval set forth by the Planning Commission and the approved Development Plan
to keep. for your files. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE
FORM, have the signature(s) notarized, and forward, (or hand deliver), the
completed form and the Resolution to:
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
(562) 462-2125
OR
LAX Courthouse
11701 S. La Cienega Blvd. 6th Floor
Los Angeles, CA 90045
310-727-6142
Mon -Fri 8:30 a.m. to 11:00 a.m. and 1:00 p.m. to 3:30 p.m
Printed on Recycled Paper
•
1
Include a check in the amount of $13.00 for the first page and $3.00 for each
additional page, (please confirm the cost with the County Clerks Office, as their fees
change frequently).
Please keep a copy of the plans with the conditions from the Resolution printed on
the plans at the construction site and assure that your contractor adheres to the
conditions in the Resolution during the construction process. Any deviation from the
approved plans and conditions of approval must be brought to City's attention for
review prior to it being implemented by your contractor.
Please call me at (310) 377-1521 if you have any questions.
erely,
olanta Schwartz
lanning Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 2012-14
DEVELOPMENT PLAN
cc: William Howe, Contractor (cover letter only)
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
•
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Is h1 Oct 0,
c`s7P0 #.4
►r ...._ _ R'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. 819
XX VARIANCES
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
9 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (LOT 74-RH)
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. 819
XX VARIANCES
(We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature Signature
Name typed or printed Name typed or printed
Address Address
City/State City/State
• a. •
C-4((16
RESOLUTION NO. 2012-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF
AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE
REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN
ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH),
(CLAESSENS).
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. Dominique Claessens
with respect to real property located at 9 Portuguese Bend Road, Rolling Hills (Lot 74-
RH) requesting a Variance to construct a 497 square foot addition, 155 square feet of
which would encroach between 27 and 30 feet into the rear yard setback and to retain a
72 square foot shed in the rear setback. The majority of the existing residence, detached
garage and stable and the entire guest house encroach into setbacks.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at their regular meetings on June 19 and July 17, 2012 and in
the field on June 26, 2012. The applicants were 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 representative were in attendance at the hearings.
Section 3. The property is zoned RAS-1 and is a corner lot. The property
includes a 50-foot roadway easement along Portuguese Bend Road frontage and 30-
foot roadway easement along Blackwater Canyon Road. The gross lot area is 73,747
square feet. The net lot area. for development purposes is 44,875 square feet. The
property is developed with a 3,658 square foot residence, 525 square foot free
standing garage, 610 square foot swimming pool, 1,369 square feet guest house, 1,297
square foot stable, porches, a shed, playhouse, trellis, pool equipment area and service
yard. No grading or further disturbance is required. The lot has been graded
previously and is 100% disturbed.
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
Reso. 2012-14 1
9 Portuguese Bend Rd.
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�uly 19, 2012
Mr. and Mrs. Claessens
9 Portuguese Bend Road
Rolling Hills, CA 90274
ZONING CASE NO. 819. Request for a Variance
Dear Mr. and Mrs. Claessens:
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310)377.7288
This letter shall serve to notify you that the Planning Commission at their regular
meeting on July 17, 2012, adopted a Resolution, with conditions, granting your request
in Zoning Case No. 819. The vote was 3-1, with one Commissioner having to recuse
himself due to proximity of his property to your property and one Commissioner was
absent. That action, accompanied by the record of the proceedings before the
Commission will be reported to the City Council on Monday, August 13, 2012, at their
regular meeting beginning at 7:30 PM. You or your representative should be present
to answer anv questions the Council may have.
The Planning Commission's decision in this matter shall become effective thirty days
after the adoption of the resolution by the Commission, unless an appeal has been filed
or the City Council takes jurisdiction of the case within that thirty (301 day appeal
period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). You or any other
interested party may appeal the Commission's decision to the City Council. Should
there be an appeal, the Commission's decision will be stayed until the Council completes
its proceedings in accordance with the provisions of the Municipal Code.
If no appeals are filed within the thirty (30) day period after adoption of the Planning
Commission's resolution, the Planning Commission's action will become final and you
will be required to cause to be recorded an Affidavit of Acceptance Form together with
the subject resolution in the Office of the County Recorder before the Commission's
action takes effect.
A copy of the staff report to the City Council will be forwarded to you on August 10,
2012. Following the City Council's action, I will mail you instructions for recordation of
the Affidavit of Acceptance Form and the Resolution, unless there is an appeal or the
Council takes this case under jurisdiction.
Please feel free to call me at (310) 377-1521 if you have any questions.
Si e -i-ly,
to Sch arlz
P ning Director
cc: William Howe, Construction
Printed on Recycled Paper
• •
RESOLUTION NO. 2012-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF
AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE
REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN
ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH),
(CLAESSENS).
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. Dominique Claessens
with respect to real property located at 9 Portuguese Bend Road, Rolling Hills (Lot 74-
RH) requesting a Variance to construct a 497 square foot addition, 155 square feet of
which would encroach between 27 and 30 feet into the rear yard setback and to retain a
72 square foot shed in the rear setback. The majority of the existing residence, detached
garage and stable and the entire guest house encroach into setbacks.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application at their regular meetings on June 19 and July 17, 2012 and in
the field on June 26, 2012. The applicants were 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 representative were in attendance at the hearings.
Section 3. The property is zoned RAS-1 and is a corner lot. The property
includes a 50-foot roadway easement along Portuguese Bend Road frontage and 30-
foot roadway easement along Blackwater Canyon Road. The gross lot area is 73,747
square feet. The net lot area for development purposes is 44,875 square feet. The
property is developed with a 3,658 square foot residence, 525 square foot free
standing garage, 610 square foot swimming pool, 1,369 square feet guest house, 1,297
square foot stable, porches, a shed, playhouse, trellis, pool equipment area and service
yard. No grading or further disturbance is required. The lot has been graded
previously and is 100% disturbed.
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
Reso. 2012-14 1
9 Portuguese Bend Rd.
• •
t
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 17.16.130 is required because it
states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet
from, the property line and shall be unobstructed. The applicant is requesting a
Variance to construct an addition of which 155 square feet would encroach into the
rear setback. 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 other properties or class of
uses in the same zone because the configuration of the existing structure and the uses
within it, prevent further expansion, except into the setback. In addition the proposed
encroachment would be an infill of an existing trellis between the existing house and
guest house. The Commission further finds that the configuration of the existing lot
creates a hardship to improving the property, because the buildable area of the lot is in
the rear.
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
addition is to a bathroom, which was constructed with the original house in the 1940's
and it needs updating. The property was developed and subdivided at a time where
few regulations applied, and through the years additions were permitted to also
encroach into the setbacks. The Variance will permit the development of the property in
a manner consistent with its previous development.
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 rear setback would allow the
remaining portion of the lot to remain undeveloped, would minimize grading and
would follow, and be behind, the existing line of encroachment. The area of addition is
screened from adjacent property owners and would not impair views. The structural lot
coverage and the total impervious lot coverage meet the requirements of the City,
although they are at the maximum permitted.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed addition will be orderly, attractive and shall
protect the rural character of the community. The proposed addition will not encroach
into potentially future equestrian uses on the property. A suitable stable and corral
exists on the site. The Planning Commission found that alternative design constitutes a
hardship beyond the property owner's control.
Reso. 2012-14 2
9 Portuguese Bend Rd.
• •
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 meet the requirements of the City, although they are at the
maximum permitted.
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 17.16.130 is required because it
states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet
from the property line and shall be unobstructed. Section 17.16.030L allows sheds on
the property and Section 17.16.200H states that sheds may not be located in setbacks.
The applicant is requesting a Variance to retain a 72 square foot shed in the rear
setback. 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 other properties or class of
uses in the same zone because the configuration of the existing structure and uses all of
the structures are located in the rear and most encroach or wholly located in the rear
setback. In addition the shed is considered a structure, which does not require building
permits and therefore health and safety of residents or neighbors is not an issue.
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 that has been used for many years without any complaints from
neighbors. The property was developed and subdivided at a time where few
regulations applied, and through the years additions were permitted to also encroach
into the setbacks. The Variance will permit the development of the property in a
manner consistent with its previous development.
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. Retaining the shed in its current location would allow
the remaining portion of the lot to remain undeveloped, would not be visible from any
street or neighbors. The shed is not counted towards structural or total coverage of the
lot, therefore it does not add the mass to the property.
Reso. 2012-14 3
9 Portuguese Bend Rd.
• •
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the shed is attractive and minimal in size and does not take
away from the rural character of the community.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Variances in Zoning Case No. 819 to encroach with a 155 square
foot addition into the rear setback and to retain a 72 square foot shed in the rear
setback subject to the following conditions:
A. The Variances approval shall expire within two years from the effective
date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to
the requirements of this section.
B. It is declared and made a condition of the Variances 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 Code, the Zoning
Code, including, but not be limited to undergrounding of utility requirements, roof
construction requirements and lighting requirements, 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 June 26, 2012 except as otherwise provided in these
conditions.
E. The property on which the project is located contains a stable and corral,
and shall remain on site.
F. Utility lines serving subject residence shall be placed underground.
G. In order to obtain the maximum permitted hardscape coverage, 371
square feet of a paved walkway is to be removed; and the remaining driveways and
walkways depicted on the June 26, 2012 site plan as "permeable pavers set in sand"
shall remain and may not be enlarged or paved.
H. Structural lot coverage shall not exceed 9,073 square feet, which includes
all structures, or 20.0% of the net lot area in conformance with lot coverage
limitations.
Reso. 2012-14 4
9 Portuguese Bend Rd.
• •
I. Total lot coverage of structures and paved areas shall not exceed 15,640
square feet or 34.8% in conformance with total lot coverage limitations, and may not
be enlarged.
J. The entire lot has been previously disturbed, and is therefore legal
nonconforming at 100% disturbance.
K. Residential building pad coverage on the 23,016 square foot residential
building pad shall not exceed 9,073 square feet or 39.4%.
L. There shall be no grading for this project.
M. Drainage system, if required, shall be designed in such a manner, as not
to cross over any equestrian trails and water from the drainage system shall not be
discharged onto adjacent properties.
N. Perimeter easements, 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, play equipment,
parked vehicles, building materials, debris and equipment, unless approved by
Rolling Hills Community Association.
O. During construction, conformance with the 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.
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.
Q. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking may take place within nearby roadway
easements.
R. The property owners shall be required to conform with the Regional
Water Quality Control Board and Public Works Department Best Management
Practices (BMP's) related to solid waste.
S. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water away from the structure in an approved manner.
Reso. 2012-14 5
9 Portuguese Bend Rd.
• •
T. This project shall comply with the City's Construction and Demolition
Ordinance, where a minimum of 50% of the construction debris must be recycled and
documentation provided to the Clty
U. The applicant shall execute an Affidavit of Acceptance of all conditions
of this application pursuant to Section 17.38.060, or the approval shall not be effective.
V. All conditions of this Variances approval, that apply, must be complied
with prior to the issuance of a building permit from the Building and Safety
Department.
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 17th DAY OF JULY 2012.
qu.6
BRAD CHELF, VICE CHAIRMAN
By Jill V. Smith, Commissioner
ATTEST:
•
�.)
HEIDI LUCE, DEPUTY CITY CLERK
Reso.2012-14 6
9 Portuguese Bend Rd.
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2012-14 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF
AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE
REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN
ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH),
(CLAESSENS).
was approved and adopted at a regular meeting of the Planning Commission on July
17, 2012 by the following roll call vote:
AYES: Commissioners Henke and Smith.
NOES: Commissioner Mirsch.
ABSENT: Chairman Pieper (recused) and Vice Chairman Chelf (excused).
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
h()
401,011 lift)
HEIDI LUCE
DEPUTY CITY CLERK
Reso.2012-14 7
9 Portuguese Bend Rd.
•city ofiellin
FIELD TRIP NOTIFICATION
June 20, 2012
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377.7288
Mr. and Mrs. Claessens
9 Portuguese,.t3eitd Road
Rolling Hills, CA 90274
SUBTECT: ZONING CASE NO. 819.
Dear Mr. and Mrs. Claessens:
The Planning Commission scheduled .a field visit of your property to view the proposed
project on Tuesday, Tune 26, 2012 at 7:30 am.
The owner and/or representative must be present to explain and answer questions
regarding the project. Your neighbors will be notified of this meeting.
The site shall be prepared according to the enclosed Silhouette Construction Guidelines
and the following requirements:
• A full-size silhouette showing the footprints, roof ridges and exterior walls of all
proposed structures must be constructed;
• Stake trellises or any porches in a different color flags/ribbons
• Stake the rear property line and rear setback line in the area of the encroachment
of the addition
• Stake the side property line and side setback line in the area of the encroachment
of the addition
After the field trip, the next regular meeting of the Planning Commission will take place
on Tuesday, July 17, 2012 at 6:30 PM at City Hall, at which time the Commission will
further discuss your project.
Please call me at (310) 377-1521 if you have any questions.
Since e
Y •' a r a Schwar z
Pla mg Director
cc: William Howe, Contractor
Printed on Recycled Paper
SO H ANNIVERSARY
1957 - 2007
No, E' <<'i U�:tJE.' 6' F:1rri 1' 0,4D•
F tNi Eili., 5, i.!f. 9(274
377(!.2
FAX: {:;7.0) 37'1 .'7C88
SILHOUETTE CONSTRUCTION GUIDELINES
A silhouette of proposed construction must be erected the week preceding the designated
Planning Commission or City Council meeting/field trip.
Silhouettes should be constructed with 2" x 4" lumber. Printed boards are not acceptable.
Bracing should be provided.
Lumber, wire or other suitable material should be used to delineate roof ridges and eaves.
Flags in close proximity to each other must be attached to the wire or twine to aid in the
visualization of the proposed construction.
Property lines, setback lines and easement lines must be staked along the areas of
construction. 21/2 - 3' high wooden stakes must be used to delineate the lines. Such stakes must
be flagged and marked on their sides:
• Property line ( red or pink flag)
• Setback line (green flag)
• Easement line (yellow flag)
and remain in the ground throughout the entire review and approval process as well as
during the entire construction process, when required by the Commission.
The application may be delayed if inaccurate or incomplete silhouettes are constructed.
If you have any further questions contact the Planning Department Staff at (310) 377-1521.
SECTION
PLAN
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