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903, Construct a trellis on the pro, Correspondence,-fir u►;!►",,, .• • City of Jh/i June 14, 2016 Gerry and Lisa Van Nortwick 37 Chuckwagon Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 SUBJECT: ZONING CASE NO. 903 Request for SPR at 37 Chuckwagon Dear Mr. and Mrs. Van Nortwick: This letter shall serve to notify you that the City Council at their regular meeting on June 13, 2016 upheld Planning Commission's decision to approve your project at 37 Chuckwagon Road. 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 may have to be met prior to issuance of a grading and/ or building permit. In addition, the conditions of approval must be printed onto the cover sheet of the plans for submittal to the Building Department. Please make a copy of the resolution for your files. I am enclosing a copy of RESOLUTION NO. 2016-12 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 Printed on Recycled Paper Please call the Recorder's office for their filing fees. Please keep a copy of the plans with the conditions printed on the plans at the construction site and ensure that your architect, engineer, soils consultant and contractor adhere 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 feel free to call me at (310) 377-1521 if you have any questions. Sincerely, y tars CP Associate Pla er Sincerely, cc: Michael Maynez, MayCab Companies Inc. (Cover letter only) Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2016-12 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 T 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. 903 (SEE EXHIBIT A- ATTACHED) XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 37 CHUCKWAGON ROAD, ROLLING HILLS, CA 90274 (LOT 19-CF) 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. 903 XX SITE PLAN REVIEW I (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 • • Signatures must be acknowledged by a notary public. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF } } On , before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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 my hand and official seal. Signature: Name of Notary: Date Commission Expires Commission No. ;2141 I RESOLUTION NO. 2016-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT A TRELLIS ON A PROPERTY WITH A RESTRICTIVE DEVELOPMENT CONDITION IN ZONING CASE NO. 903 AT 37 CHUCKWAGON ROAD, (LOT 19-CF) (VAN NORTWICK). 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. Van Nortwick with respect to real property located at 37 Chuckwagon Road, Rolling Hills, CA (Lot 19-CF) requesting a Site Plan Review to construct a new 701 square foot trellis to cover an existing outdoor barbecue and pool deck area. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application at a field visit on May 17, 2016 and at a regular meeting of the Planning Commission on May 17, 2016. 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 applicant's representative was in attendance at the hearings. Section 3. The property is zoned RAS-1 and the gross lot area is 1.56 acres. The net lot area is 1.34 acres or 58,458 square feet. The property is currently developed with a 3,107 square foot residence, 528 square foot garage, 528 square foot pool/spa, 75 square foot pool equipment, 96 square foot service yard, and 104 square foot barbecue and fireplace area. 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. Section 5. In February, 2001 the Planning Commission approved a request for a variance to permit construction of a 224 square foot addition to the west -side of the residence that would encroach up to 4 feet into the west side yard setback. The residence already encroached 8.5 feet into the west -side setback and the approved addition did not create any further encroachment. However, a Restricted Development Condition "Q" in Resolution No. 2001-02 was placed on the property requiring filing of a new application for approval by the Planning Commission for any additional structural development. In December, 2001 the Planning Commission approved Resolution 2001-25, a request for a modification to Resolution 2001-02, to add a 28 square foot outdoor fireplace, with the same restrictive condition. Reso. 2016-12 1 37 Chuckwagon Road Section 6. Section 17.16.040C authorizes the Planning Commission to impose a condition on a development that any future development on the lot shall require a Site Plan Review. Such condition was placed on this property in 2001 with the previous approvals. With respect to the Site Plan Review application requesting approval to construct a 701 square foot trellis, 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 providing shade above existing structures. The proposed project, located in the southeastern portion of the lot, is partially screened from the road by the residence, which minimizes the visual impact of the trellis. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new trellis is 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 trellis will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed trellis will be constructed above existing structures, on a portion of the lot which is least intrusive to surrounding properties, is screened and landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the proposed trellis 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 and - existing hardscape will not be added to or altered. 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 an existing driveway and access. Reso. 2016-12 2 37 Chuckwagon Road F. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review in Zoning Case No. 903 to construct a 701 square foot trellis subject to the following conditions: A. The Site 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. B. It is declared and made a condition of this approval 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 Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated April 22, 2016 except as otherwise provided in these conditions. The working drawings submitted to the Department of Building and Safety for plan check review shall conform to the approved development plan. All conditions of the Site Plan Review approval shall be incorporated into the building permit working drawings and where applicable complied with prior to issuance of a building permit from the building department. The conditions of approval of this Resolution shall be printed onto building plans submitted to the Building Department for review and shall be kept on site at all times. E. Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F. A licensed professional preparing construction plans for this project for Building Department review shall execute a Certificate affirming that the plans conform 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. Reso. 2016-12 3 37 Chuckwagon Road 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. G. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modifications to the property or this project, which would constitute additional grading, height or any structural development shall require the filing of a new application for approval by the Planning Commission. H. Structural lot coverage of the lot shall not exceed 5,589 square feet or 9.6% of the net lot area, and 9.2% with allowable deductions in conformance with lot coverage limitations (20% maximum). The total lot coverage proposed, including structures and flatwork shall not exceed 10,899 square feet or 18.6%, and 18.3% with allowable deductions in conformance with lot coverage limitations (35% max). I. There will be no grading for this project. The disturbed area of the lot, including the future stable and corral shall not exceed 30.8%. J. of 33.2%. The residential building pad is 14,803 square feet and will have coverage K. The applicant shall comply with all requirements of the Lighting Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, and material requirements of properties in the Very High Fire Hazard Severity Zone. L. The east side setback lines in the vicinity of the construction for this project shall remain staked throughout the construction. M. The project must be reviewed and approved by the Rolling Hills Community Association (RHCA) Architectural Review Committee prior to the issuance of building permit. Perimeter easements and trails, if any, shall remain free and clear of any improvements including, but not be limited to fences -including construction fences, any hardscape, driveways, landscaping, irrigation and drainage devices, except as otherwise approved by the RHCA. N. A minimum of 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain City's Construction and Demolition permit for waste hauling prior to start of work, and provide the appropriate documentation to the City. O. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the Reso. 2016-12 4 37 Chuckwagon Road 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. 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: http:/ /www.wrh.noaa.gov/lox/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. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. Q. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easements. R. The applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded together with the resolution. PASSED, APPROVED AND ADOPTED THI 17th DA MAY 2016. AL�CH LF, C AIRM HEIDI LUCE, CITY CLERK 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. Reso. 2016-12 5 37 Chuckwagon Road STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2016-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW TO CONSTRUCT A TRELLIS ON A PROPERTY WITH A RESTICTIVE DEVELOPMENT CONDITION IN ZONING CASE NO. 903 AT 37 CHUCKWAGON ROAD, (LOT 19-CF) (VAN NORTWICK). was approved and adopted at a regular meeting of the Planning Commission on May 17, 2016 by the following roll call vote: AYES: Commissioners Cardenas, Gray, 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. cfrd, CITY CLERK Reso. 2016-12 6 37 Chuckwagon Road • City olleolling iNtillo May 18, 2016 Gerry and Lisa Van Nortwick 37 Chuckwagon Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 SUBJECT: ZONING CASE NO. 903 Request for SPR at 37 Chuckwagon Dear Mr. and Mrs. Van Nortwick: The Planning Commission adopted a resolution at their regular meeting on May 17, 2016, granting approval of your request. That action accompanied by the record of the proceedings before the Commission will be reported to the City Council on Monday, Tune 13, 2016, at their regular meeting beginning at 7:00 PM. You or your representative should be present to answer any questions the Council may have. Please submit 6 sets of plans for the City Council meeting by Monday, June 6, 2016. 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 within that thirty (30) day appeal period, or the City Council takes jurisdiction of the case (Section 17.54.010(B) of the Rolling Hills Municipal Code). 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. Please review the conditions in the resolution that was provided to you previously. Should you have any objections to any of the conditions, you may appeal them to the City Council. If no appeals are filed and if the City Council does not take the case under jurisdiction within the appeal 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. Instructions for recordation will be forwarded to you after the Council's proceedings. The staff report to the City Council with a copy of the signed Resolution will be forwarded to you prior to the Council's meeting. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, endy Starks, cc: Michael/Maynez, MayCab Companies Inc. CP, Associate Planner Printed on Recycled Paper