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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 • P)3 5;ym 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. Approved PLANNIN in '71.7 Date V.1.1 KULLING BIL4 dflati 070?-1/ 12- 4/414 6inette01,1.imi.g5ho-k.- Cov-ta.. 311 ttiris, 1 • ; , JUN 2 6 2012 fly of Rolling Hills . GARY J, IZON-11, 5CAL-E: 1" — 16 ' 16 24 Jo APPF:55 9 POF:11.165• t3tNt3 1?0A17 1201-LING H11-1-5, CA, 90 1.-0174 - ROLLING M,r3. APN 7569-014-00 V.Z1 C V50626;/ \ENG' 4 E '914 Vet. AMP ei-Vq, 51.11TE 921 vo. fORIZANCT. CA 9050, w- (,10) R S J013 NO. II -,44 51-e-1" OF I • C1ty ////, Jd.�ll �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 keC}n k i.o.;,p.,r