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850, Addition of 750 sq, ft, & 50 s, Resolutions & Approval Conditions• n This page is part of your document - DO NOT DISCARD i i 20140279866 i i i 1111 i i u iu Recorded/F ed in Off c al Records Recorder's Offce, Los Angeles County, California �iiiitili'�i Nf NIIIII ilia i i 03/20/14 AT 09:11AM IlUl 01 IIIIV IIIII I 000897638 1111 I 006090071 SEQ: 01 III iuo N II 1 1 DAR - Counter (Upfront Scan) 111 111 uAi 1111 alai u uu 110 1111111 UIO 1101 I 11110 II u THIS FORM IS NOT TO -BE DUPLICATED 0012: FEES: 48.00 TAXES: 0.00 OTHER: 0.00 PAID: 48.00 E60050] • • 0. ill 4ftrif7 •,;.; APR 03 20Vi City or Rolling Hills By • • 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 011ni2014 *20144279866* 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. 850 XX VARIANCES I (We) the undersigned state (SEE EXHIBIT A ATTACHED) am (We are) the owner(s) of the real property described as follows: 85 EASTFIELD DRIVE, ROLLING HILLS, CA 90274 (LOT 10-A-EF) 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. 850 XX VARIANCES I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Siginatke/ Signature Name typed or printed :i)LIJVZID Sin rr / Name typed or printed Address 3 ?As i C L,) h.i2. Address ROLL/A) C /-//LLS 90,274 City/State City/State 4 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (T, cc rc IG © 2010 National Notary Association • NationalNotary.org • Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,21 whose name(g) is/afe subscribed to the within instrument and acknowledged to me that he/skit/tior executed the same in his/Vr/thpir authorized capacity(i0), and that by his/hdr/thofr signature() on the instrument the person('', or the entity upon behalf of which the personas) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: State of California County of / _C7 &)Ci F L ES On 3-163,1q Date personally appeared } CIVIL CODE § 1189 before me, /1 JOT70,J E A' -/ . 03►7g-`i PG/ C. Here Insert NSme and Title of the Officer FL XAJ s YYl 17-7-I Ai ITI ZT DAY Commission 0 LQi1 b 1":otary Potts - Coilfatrf�."� los MVOs Casty My Comm. -- irosp Jan 2d 2017 Place Notary Seal Above Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF,SIGNER Top of thumb here Signature of Notary Public Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1-800-US NOTARY (1-800-876-6827) `OFSIGNE3i Top of thumb here Item #5907 • /kHrA RESOLUTION NO. 2014-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO BE RELIEVED FROM THE REQUIREMENT TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL AND TO ALLOW A PORTION OF AN ADDITION TO THE RESIDENCE TO ENCROACH INTO THE REAR AND SIDE SETBACKS IN ZONING CASE NO. 850, AT 85 EASTFIELD DRIVE, (LOT 10-A-EF), (SMITH). 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. An application was duly filed by Mr. and Mrs. Edward Smith with respect to real property located at 85 Eastfield, Rolling Hills (Lot 10-A-EF) requesting a Variances to encroach with 140 square foot addition into the rear setback, and with a 30 square foot attached trellis; and with 78 square foot addition into the side and rear setback at the west side of the residence, for a total of encroachment of 218 square feet. The total addition would be 782 square feet. A Variance is also requested to waive the requirement to construct or set aside an area for a stable and corral on the property. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at regular meetings on January 21, 2014 and February 18, 2014 and at a field trip on January 21, 2014. 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 his representatives were in attendance at the hearings. Section 3. The property is zoned RAS-1 and consists of 0.63 acres (excluding roadway easement). The net lot area for development purposes is 21,323 square feet or 0.49 acres. The property is developed with a 2,372 square foot residence, 545 square foot garage and 245 square feet covered porch. When completed the residence will be 3,154 square feet. Pursuant to the Zoning Ordinance each property shall have an area developed with a stable and corral or a minimum of 1,000 square foot set aside area for a future construction must be set aside. The Planning Commission examines the area for set aside as to feasibility of construction including access thereto. Section 4. The Planning Commission finds that the project qualifies as a Class 3 Exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. 85 Eastfield 1 • • Section 5. The Planning Commission considered the request for the Variances and reviewed the size, shape and topography of the lot and the size and location of the existing structures on the lot. The Planning Commission, after consideration and discussion, came to the conclusion that the size, topography and configuration of the lot could not support the construction of a stable and corral. 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 from Section 17.16.170 is required because it states that every lot or parcel for which an administrative or discretionary 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 access way thereto that does not exceed a slope of 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 subdivided prior to City incorporation in a manner that did not leave room for a future stable and corral. The lot, although it fronts on Eastfield Drive is not accessible from the front, due to the steep topography, but it takes access over another property on Eastfield Drive, that accesses the rear of the property. The parcel cannot support construction of a stable and corral without it being constructed in the front setback and on a slope that exceeds 25%, which would require tremendous grading and disruption of the natural terrain and natural drainage course. These circumstances currently exist and the proposed project does not create the inability nor contribute to these circumstances that necessitate this Variance. B. The Planning Commission considered the request for this Variance and reviewed the size and shape of the lot and the size of the previously constructed structures on the lot. The Planning Commission, after consideration and discussion, came to the conclusion that the size, topography and configuration of the lot could not support the construction of a stable and corral. By granting this Variance the City is not setting a precedent for similar requests in the future because it makes its determination on the 85 Eastfield 2 • • 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. C. 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. When the house was constructed the set aside area for a future stable and corral was not designated, as it was not required. The application for the residence addition triggers the requirement that an area for a stable and corral be set aside. The proposed project is not the cause for the inability to set aside an area for a stable and corral on the lot because the existing lot 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 and 25 feet to side property line. D. 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 views and vistas from adjacent properties will be retained, as there will be no structure placed on the slopes of subject property. The variance will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. E. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that no additional grading will occur in the future and the natural terrain and vistas will be preserved. F. 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, which is not in keeping with the goal of the General Plan. Section 7. 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. The applicant is requesting a Variance to encroach with 218 square feet of additions, out of the 782 square feet total additions proposed, into the rear and side setbacks. With respect to this request for a Variance, the Planning Commission finds as follows: 85 Eastfield 3 • • A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The existing residence has been developed in 1953 and it encroaches into the rear setback. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The lot was graded at that time to create a pad for construction in a manner that the structure was placed in the rear of the property. The topography of the lot together with the fact that the existing pad and residence are located in the rear setback create difficulty in adding to the residence elsewhere on the property without having to grade out a 2:1 slope. 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 Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the addition elsewhere on the property. The lot is located on a very unique property where it is accessed along other property and the neighboring house is very close to the property line. 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 proposed construction will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped, is of sufficient distance from nearby residences and is a lesser encroachment than currently exists into the rear and side setbacks. The development 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. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed construction will be orderly, attractive and shall protect the natural topography of the lot. The proposed residence will not encroach into the existing or potentially future equestrian uses on the property, as it has been determined that the proposed project is not the cause for the inability to set aside an area for a stable and corral on the lot because the existing lot 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 and 25 feet to side property line. 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. 85 Eastfield 4 • • Section 8. Based upon the foregoing findings in Sections 6, and 7, the Planning Commission hereby approves the Variances application in Zoning Case No. 850 for addition that would encroach into the side and rear setbacks and waives the requirement for setting aside an area for stable and corral 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 Variance approvals shall expire within two years from the effective date of approval if construction pursuant to this approval has not commenced within that time period, as required by Section 17.38.070(A) of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of those sections. C. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. D. All requirements of the Building and Construction Code, the Zoning Code, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this approval, 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 February 5, 2014. The setback lines and the easement lines in the area of construction shall be staked and remain staked throughout the project construction. F. The project must be reviewed and approved by the RHCA Architectural Committee. G. The working drawings submitted to the Department of Building and Safety for plan check and construction review must conform to the development plan approved with this application. In addition, prior to submittal of final plans to the Building Department for issuance of building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. H. The licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform 85 Eastfield 5 • . in all respects to this Resolution approving this project and all of the conditions set forth therein and the City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. I. There shall be no grading or further lot disturbance for this project, and The disturbed area of the lot shall remain at 53.6% of the net lot area. J. All utility lines to the residence shall be placed underground. K. Structural lot coverage shall not exceed 4,070 square feet or 19.1% of the net lot area. L Total lot coverage of structures and paved areas shall not exceed 6,314 square feet or 29.6%. M. Residential building pad coverage on the 5,867 square feet residential building pad shall not exceed 64.8%, excluding the trellis and the covered porch. N. If new or redeveloped landscaping of 5,000 square feet or more is undertaken, the applicant shall be required to conform to the City of Rolling Hills Water Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code, if applicable. 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. O. The property owners shall be required to conform to the City of Rolling Hills and RHCA roofing material standards, Outdoor Lighting Standards, as well as all other requirements of the Municipal Code. P. Minimum of 50% of the construction material spoils ' shall be recycled and diverted from landfills. The hauler shall obtain a Construction and Demolition permit from the City and provide proof of recycling. Q. There shall be no discarding of any debris, trash, soil and construction spoils or any other material anywhere on the property, including easements. No grading, planting, structures, drainage devices or hardscape, including driveways, or storage of any objects including building materials shall take place in the easements, unless approved by the RHCA. 85 Eastfield 6 • • R. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. S. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday "only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. During construction operations, trucks shall not park, queue and/or idle at the project site or in the adjoining right-of-way before or after the permitted hours of operations. To the maximum extent possible, staging of equipment and parking of vehicles during construction shall be on site. U. If required by the Building Official, the applicant shall submit a detailed drainage plan to the City's drainage engineer. This project shall meet the requirements of the City's Low Impact Development portion of the Storm Water Management and Pollution Control ordinance, if applicable. V. No drainage device may be located in such a manner as to contribute to erosion or in any way affect an easement, trail or adjacent properties. Energy dissipaters, if required, shall be designed in such a manner as to not cross over any equestrian trails or easements. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and shall be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drainage system. W. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department requirements for the installation of best management practices (BMPs) related to solid waste and storm water management, including erosion control measures, and post construction maintenance of stormwater drainage facilities. X. During construction, conformance with the air quality management district requirements shall be complied with, so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors. Y. 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. 85 Eastfield 7 • • Z. The property owner and/or his/her contractor/applicant shall be responsible for compliance with the no -smoking provisions in the Municipal Code. AA. The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: htip://www.wrh.noaa.gov/!ox/main.php?suite=safety&page=hazard definitions#FIR E. It is the sole responsibility of the property owner and/ or his/her contractor to monitor the red flag warning conditions. AB. Until the applicants execute and record an Affidavit of Acceptance of all conditions of the Variances approvals, as required by the Municipal Code, the approvals shall not be effective. AC. All conditions of the Variances approvals, that apply, shall be complied with prior to the issuance of grading or building permit. AD. 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 ADOI't'JJD THIS 18th DAY OF FEBR RY 3414. BRAD CHELF, CHAIRMAN ATTEST: HEIDI LU E, CITY CLERK 85 Eastfield 8 • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2014-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO BE RELIEVED FROM THE REQUIREMENT TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL AND TO ALLOW A PORTION OF AN ADDITION TO THE RESIDENCE TO ENCROACH INTO THE REAR AND SIDE SETBACKS IN ZONING CASE NO. 850, AT 85 EASTFIELD DRIVE, (LOT 10-A-EF), (SMITH). 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 February 18, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. (AM /UXx , HEIDI LUCE CITY CLERK 85 Eastfield 9 EXPOR MPORVOF SOIL UP TO 500 C.Y. OF DIRT MAY BE IMPORTED OR EXPOR ROM A CONSTRUCTION SITE DUE TO SITE CONDITIONS OR DUE TO UNFORSEEN CIRCUMSTANCES AND ONLY WITH CITY APPROVAL. (RHMC Sections 15.04.130 and 15.04.150) Property Owner(s) DU) 4 (2.n S/Y / 7-h+ Address(es) 2 S CA ST /71:576 0 D2. Phone No(s). 3I ©- 3 77- 4o 5Z Reason(s) for export/import soil. Has construction commenced? IVEGiO TO f4 / /N IG'/2 cim -r- CJ r- f-/U ct s e TO '— 2 °A) S Lc9/p6- am,,A v p"/ T 6 F 1-/0 Lt 5 ADDRESS Where soil is proposed to be moved FROM ADDRESS EJ 6- C/`i 5i r /& ) ,D/2 , Where soil is to be moved TO AMOUNT of soil to be moved (cu.yds.): 6`/ DEPTH of cut/fill at site (feet) AREA of cut/fill at site (square feet) / 50 WORKING AT THE JOB SITE: The City Building Inspector/staff must verify the amount of soil to be moved, and after it has been deposited, the amount of dirt deposited. You must notify City staff should there be deviations or corrections in the field to modify the approved exportation or importation. The Rolling Hills Municipal Code requires that all grading be balanced on site and prohibits the export or import of soil to or from any lot in the City or to and from outside the City unless approved by the City Manaaer/desianee under certain conditions. I understand and agree to a ide by these requirements. Date Ovslier/Applicant Date Date Contractor/Applicant's Agent / License No. Engineering Geologist/License No. Date Phone No. Grading Contractor/License No. EXPORT/IMPORT OF SOIL DURING CONSTRUCTION 2011 APPROVED: DATE CITY MANAGER OR DESIGNEE CONDITIONS: CITY OF ROLLING HILLS Approved u PLATT.►�.rN EXPORT/IMPORT OF SOIL DURING CONSTRUCTION 2011