866, Addition of 402 sq ft to exist, Resolutions & Approval ConditionsE/C8i76
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20150008025
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Recorded/F ed in Offic a Records
Recorder's Offce, Los Angeles County,
California
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DAR - Courier (Hard Copy)
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THIS FORM IS NOT TO BE DUPLICATED
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FEES: 45.00
TAXES: 0.00
OTHER: 0.00
PAID: 45.00
Recording Requestey, and
When Recorded Mail To:
David S. Brown
Brown, Brown & Brown
23326 Hawthorne BI., Ste 380
Torrance, CA 90505-3725
Affidavit of Acceptance
*20150008025*
In Rolling Hills Zoning Case 866,
with copy of Rolling Hills Planning Commission Resolution 2014-18
attached as Exhibit A thereto.
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RECORDING REQUESTED BY ANC
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
4+ RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 866
XX SITE PLAN REVIEW XX VARIANCE (SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
4 HACKAMORE ROAD, (LOT 26-EF) ROLLING HILLS, CA 90274
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said case:
ZONING CASE NO. 866
XX SITE PLAN REVIEW
XX VARIANCE
I (We) certify (or d e) under the penalt perjury that the foregoing is true and correct.
.,.y.. ele OWN
Name typed or printed
Address
City/State
DZOLL.{r((,. {-k'JL�S . G,4
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Sign
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Name typed r printed
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City/State
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On bECK.1116- 3, 20 tiL0
before me,
C 1 ivYy,1/4-1 \- rt) i i bITAdru. o
(Insert Name of Notary Public and Title)
Personally
appeared ..3-7DPrno- ."Ws-'t'1 e &Y71.11)0 XreD(A)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) I / are
subscribed to the within instrument and acknowledged to me that he=she/ they executed the same in
h:isr/their authorized capacity(ies) and that by his-fr.-her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand an
Signature of Notary` // ( Seal)
CINDY LOU HOGAN
Comm. No. 1988269
NOTARY PUE3LIC • CALIFORNIA
LO$ ANGELES COUNTY
My Comm. Exp, August 22, 2016
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RESOLUTION NO. 2014-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF ABOVE GRADE DECKS AND A
VARIANCE TO CONSTRUCT RESIDENTIAL ADDTIION AND A
PORCH WHICH WOULD ENCROACH INTO THE FRONT YARD
SETBACK IN ZONING CASE NO. 866 AT 4 HACKAMORE ROAD,
(LOT 26-EF), (BROWN). THE PROJECT HAS BEEN DETERMINED TO
BE CATEGORICALLY EXEMPT PURSUANT TO 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. Brown of 4
Hackamore Road, requesting approval of a Site Plan Review for grading of 21.5 cubic
yards of dirt and construction of 504 square feet decks one of which would be at a
maximum 4'4 1/2' above grade and the intermediate deck would be at a maximum 5'
above grade, to improve the relationship between the existing residence and pool by
introducing intermediary patio areas and stairs; and a Variance to construct a 60 square
foot addition to the residence and 70 square foot covered porch which would encroach
into the front yard setback. The applicants also propose a 326.5 square foot addition in
the rear of the residence, construction of 162 square foot spa and children's pool,
relocate pool equipment area, construction of a fire pit and barbeque and generally
remodel the interior and exterior of the residence as well as the outdoor spaces. The
latter additions and improvements do not require discretionary review.
Section 2. The Planning Commission conducted a duly noticed public hearing
to consider the application at a field visit on October 21, 2014 and at a regular meeting
of the Planning Commission on October 21, 2014. The applicants were notified of the
public hearing 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
applicants were in attendance at the hearing. Several neighbors attended the field trip
and one objected to the request for the Variance.
Section 3. The Planning Commission at their regular meeting on October 21,
2014 directed staff to prepare a Resolution of approval for consideration at the
November 18, 2014 regular meeting of the Planning Commission. 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.
Reso. 2014-18 1
4 Hackamore Rd.
Section 4. The property is approximately 123 feet wide by 460 feet long
consisting of a residential pad, swimming pool pad and graded future stable and corral
pad. The area behind the stable pad drops off drastically into a canyon. Over 80% of the
residence is located in the required 50' front yard setback. The garage encroaches
between 38'- 36.5' into the front yard setback and the residence encroaches up to 32'
into the front yard setback. The properties on both sides of subject site were constructed
along similar line of encroachment.
Section 5. Section 17.46.020 requires a development plan to be submitted for
Site Plan Review for decks that are one or more feet above grade. With respect to the
Site Plan Review application requesting approval to construct new raised decks, the
Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the proposed structure complies
with the General Plan requirement of low profile, low -density residential
development. The project conforms to Zoning Code lot coverage requirements. No
additional disturbance is proposed, as the project will be located on previously
disturbed area. The proposed project, located to the rear, is screened from the road by
the residence, which minimizes the visual impact of the development.
B. The development plan substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage because the new and
existing decks are relatively small in size and will not cause the lot to look
overdeveloped. Significant portions of the lot will be left undeveloped so as to
maintain open space on the property. The nature, condition, and development of
adjacent uses, buildings, and structures and the topography of the lot have been
considered, and the construction and maintenance, respectively of the proposed and
existing decks will not adversely affect or be materially detrimental to the adjacent
uses, buildings, or structures because the proposed structures will be constructed on a
portion of the lot which is least intrusive to surrounding properties, will be screened
and landscaped with trees and shrubs, is a sufficient distance from nearby residences
so that the proposed structures will not impact the view or privacy of surrounding
neighbors, and will utilize the existing previously graded area of the lot.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. As indicated in
Paragraph A, the lot coverage maximums set forth in the Zoning Code will not be
exceeded.
D. The development plan follows the existing topography. The construction
will take place within the existing building pad area, which was previously disturbed.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
applicants will utilize the existing driveway. A narrow, landscaped, low pedestrian
Reso. 2014-18 2
4 Hackamore Rd.
staircase is proposed from the front entry of the house which will not affect circulation,
but allow the property owners to exit the residence directly onto the street.
F. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
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 17.16.110 is required because it
states that every lot in the RAS-1 zone shall have a front setback of not less than 50 feet
from the roadway easement line and shall be unobstructed. The applicant is requesting
a Variance to encroach with 60 square foot addition and 98 square foot porch into the
front 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 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 1959 and over 80%
of the structure encroaches into the front 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 mariner that the structure
was placed in the front of the property. The topography of the lot together with the fact
that the existing pad and residence are located in the front setback creates difficulty in
complying with the zoning requirements. The small addition would be an infill under
an existing roof.
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 unique property where it is already
encroaching into the front and the 60 square foot addition would be an infill under an
existing roofline. The 98 square foot entryway would add to the character of the
residence and would be open on all sides.
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 at a
similar encroachment to currently existing into the front setback. The development will
not impact the view or privacy of surrounding neighbors, and will permit the owners
Reso. 2014-18 3
4 Hackamore Rd.
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 addition will not cause
additional grading or any exceedances in the required development standards.
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.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review in Zoning Case No. 866 to construct 504 square
feet decks one of which would be at a maximum 4'41/2" above grade and the
intermediate deck would be at a maximum 5' above grade, and the construction of a 60
square foot addition to the residence and a 98 square foot porch which would encroach
into the front yard setback, 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. This approval shall expire within two years from the effective date of
approval as defined in Section 17.46.080 unless otherwise extended pursuant to the
requirements of that section.
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
thereunder shall lapse; provided that the applicants have been given written notice to
cease such violation, the opportunity for a hearing has been provided,, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
D. All requirements of the Building and Construction Ordinance, Building
Code including the use of construction materials in the VHFHSZ, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in the Permit, or shown otherwise on an approved plan.
E. The lot shall be developed and maintained in substantial conformance
with the site plan on file stamp dated October 21, 2014 and the conceptual landscaping
plan stamp dated October 30, 2014, subject to the revisions required by the RHCA and
reflected on the schematic design submitted to the Planning Commission at its
November 18, 2014 meeting, except as otherwise provided in these conditions.
Reso. 2014-18 4
4 Hackamore Rd.
F. The applicant shall execute a Certificate stating that the plans submitted to
the Department of Building and Safety for plan check are according to those approved
by the Planning Commission. In addition, the person obtaining a building 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.
G. There will be minimal grading for the project, consisting of a total of 21.5
cubic yards of grading, of which 8 cubic yards would be from excavation of the pool
and spa. The dirt will be used on site as backfill and landscaping. The disturbed area of
the lot shall remain at 14,068 sq.ft. or 26.6% of the net lot area.
H. The structural coverage of the net lot area, including the above grade
decks and future stable, shall not exceed 6,251 square feet or 11.8% of the net lot area.
The total coverage (structures and flatwork) shall not exceed 7,597 square feet or 13.4%
of the net lot area, as calculated for development purposes.
I. The residential building pad is 3,400 square feet (not in setback).
However, over 80% of the house is in setback and with the proposed decking and spa,
the building pad coverage would be 131.2%.
The swimming pool building pad, including the new children's pool and sundeck is
2,716 square feet and would have coverage of 41.6%.
The future stable and corral building pad is approximately 4,000 square feet and shall
remain reserved for said use. Additional grading would be required for access to the
future stable and corral.
J. Any walls associated with this project shall not be located in any setback
and shall not exceed the height of 5 feet, including walls for the spa and new pool. All
walls shall be screened with landscaping.
K During construction conformance with the air quality management
district requirements, storm water pollution prevention practices, county and local
ordinances and engineering practices so that people or property are not exposed to
undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or
land•subsidence shall be required.
L. 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 the appropriate documentation showing recycling.
M There shall be no dumping of any debris, trash, soil spoils, construction
materials or any other matter on the property, into the canyon, easements or adjacent
properties.
N. No grading, construction or storage of any objects including building
materials shall take place in the easements, unless approved by the Rolling Hills
Reso. 2014-18
4 Hackamore Rd.
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Community Association. Any proposed landscaping, driveways, walkways or stairs in
any easement on the property are subject to review and approval by the RHCA.
O. 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.
P. All conditions of this Site Plan approval must be complied with prior to
the issuance of a final inspection by City staff and Building Department.
Q. A trash area shall be designated and enclosed
R. The project must be reviewed and approved by the RHCA.
S. The applicants shall execute an Affidavit of Acceptance Form of all
conditions of this approval, pursuant to Section 17.46.065, or the approval shall not be
effective.
T. 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 18th DAY -OF NOVEMBER, 2014.
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f(}/
AD CHELF, CHAIR AN
ATTEST:
41141/491117,0
HEIDI LUCE, CITY CLERK
Reso. 2014-18 6
4 Hackamore Rd.
• •
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2014-18 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF SITE PLAN
REVIEW FOR GRADING AND CONSTRUCTION OF ABOVE
GRADE DECKS AND A VARIANCE TO CONSTRUCT
RESIDENTIAL ADDTIION AND A PORCH WHICH WOULD
ENCROACH INTO THE FRONT YARD SETBACK IN ZONING
CASE NO. 866 AT 4 HACKAMORE ROAD, (LOT 26-EF),
(BROWN). THE PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
November 18, 2014 by the following roll call vote:
AYES: Commissioners Gray, Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
CITY CLERK
Reso. 2014-18 7
4 Hackamore Rd.
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FEB 0 9 2015
City of Rolling Hills
By