906, New BBQ structure, firept, sto, Resolutions & Approval Conditions7 f
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Recorded/Filed in Officia Records
ecorder's Office, Los Angeles County,
California
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PCL9vEED
SEP 0 6 2016
City of Rolling Hills
By
E138467
THIS FORM IS NOT TO BE DUPLICATED
• •
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
09/01/2016
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*20161055207*
e` 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. 906 (SEE EXHIBIT A - ATTACHED)
XX SITE PLAN REVIEW XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
27 CREST ROAD WEST, ROLLING HILLS, CA 90274 (LOT 174-B-MS)
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. 906
XX SITE PLAN REVIEW XX VARIANCE
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
nature
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ame typed or printed
Address aZjcts- ' &1. to
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City/State City/State
nature
9CAQ icc'c,- reel tole nbecc
Name typed or printed
See Exhibit A attached
Signatures must be acknowledged by a notary public.
Address :�-7 ccY%-4- cai
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 G lire
" __ }
COUNTY OF CS }
On &L f f (& , Zd 1 ! , before me,
air /(/Jf1 , a Notary
iotpersonally ,
a rl oC o.f appeared e p.be r .. an ._ .._Po. r [clot _. eald et.her .._
who proved to me on the basiof satisfactory evidence to be the person(s) whos ame(s)
i( subscribed to the within instrument and acknowledged to me that lyta/slit
executed the same in hi6/hdr het authorized capacity(ies), and that by his/her
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 Nola : Ter r ( tell
Date Commission Expires 1 To(()
Commission No. Za7ro 7(a
JEFF KILLEN
COMM. #2072076 2
Notary Public -California
ORANGE COUNTY a
My Comm. EzpfresJul17,2018 �t
RESOLUTION NO.201.6-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW
FOR A SWIMMING POOL/SPA, WALLS, FIRE PIT, BARBECUE, POOL
EQUIPMENT, AND A VARIANCE TO EXCEED 2.5' HIGH AVERAGE
FOR ASSOCIATED WALLS IN ZONING CASE NO. 906 AT 27 CREST
ROAD WEST, (LOT 174-B-MS), ROLLING HILLS, CA (GOLDENBERG).
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. Goldenberg for a
1,375 square foot pool with infinity edge; with several terraced retaining walls ranging
from 1' to 4'8" high for pool area, associated grading totaling 388 cubic yards, 64 square
feet of pool equipment enclosed with 5' high maximum wall, and a high wall to
enclose a master bath courtyard for privacy. A new 68 square foot barbecue structure
and a 40 square foot fire pit are also proposed. The privacy wall will not average out to
2.5' in height, thus the variance request.
Section 2. The Planning Commission conducted duly noticed public hearings
to consiler the application on May 17, 2016, on June 21, 2016 at a field trip and an
evening meeting on the same day. The applicants were notified of the public hearings in
writing by first class mail. Evidence was heard and presented from all persons
interest€,d in affecting said proposal and from members of the City staff and the
Planning Commission having reviewed, analyzed and studied said proposal. The
applicants' representative was in attendance at the public hearings.
Section 3. The property is zoned RAS-2 and the gross lot area is 4.5 acres. The
net lot area is 3.81 acres or 165,986 square feet. The property is currently developed
with a 14,683 square foot residence and a 1,173 square foot garage, a 7,000 square foot
recreation court, 1,690 square feet of entryways, 624 square feet of trellises, and a 200
square foot service yard.
In 2004 the previous owner was granted an administrative approval to convert
the then existing 996 square foot stable into part of the residence (used now as a
recreation room) and attached it via a solid roof breezeway to the main residence. As
this was an addition of under 25% of the size of the then residence, it was approved
administratively. At that time the previous property owner elected to set aside an area
on the property for a future stable/corral. In 2007 and 2015 administrative approvals
were granted for interior remodel of the residence.
Section 4. The project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
Reso. 2016-17
27 Crest Road West
Section 5. Sections 17.46.020 and 17.16.200G require a development plan to be
submitted for Site Plan Review for grading and for swimming pools exceeding 800
square feet, and Section 17.16.190F requires a Site Plan review for walls over 3 feet in
height. With respect to the Site Plan Review application for grading and for the
improvements the Planning Commission makes the following findings of fact
A. The proposed development is compatible with the General Plan and
surrounding uses because the proposed project complies with the requirement of low
profile, low -density residential development with sufficient open space between
surrounding structures. The project conforms with development standard
requirements for lot coverage and disturbance of the Zoning Ordinance. The grading
for the improvements is minor (388 cubic yards) on a large lot and it mostly consists of
excavation for the larger pool. The resulting slopes will match the slopes currently
surrounding the outdoor amenities and therefore the lot would not have the appearance
of having unnatural terrain, as all of the grading blends into a natural, existing looking
condition. The tiered walls range in height from 1' to 4'8" high for the pool area and
will average out to 2'6". The tiered walls are being introduced to avoid having 5' high
retaining walls around the pool and at the back of the infinity edge, and will be
screened by landscaping so as to reduce the visual impact of the development. The
swimming pool will be located in a flat area behind the house on a portion of the
property away from any other residence and street and will not be visible or obtrusive
to neighbors. The 3,458 square foot on grade deck will not be visible from any street or
neighbors.
Regarding requested Site Plan Review from Zoning Ordinance Section 17.16.150
relating to walls over 3 feet in height, the wall to enclose the area for the pool
equipment is proposed in an area that has two existing walls already and is in a
depressed area, away from the primary living area. A 3' high wall would not
adequately screen the pool equipment. The other 5' high maximum wall proposed to
enclose a courtyard adjacent to the master bath would provide security and privacy for
the residents as large windows overlook the existing living spaces and proposed pool
and deck area and it replaces a previously existing wall that was located further out
from the residence. This proposed configuration would leave more open space between
the residence and the proposed pool area.
B. The development plan substantially preserves the natural and
undeveloped state of the lot because the new improvements will not cause the lot to
look overdeveloped. The proposed development will be located on an area that is
already flat, adjacent to the great room where the indoor pool was demolished.
Significant portions of the 4.5 acre 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 will not adversely affect or be materially detrimental to the adjacent uses,
Reso. 2016-17
27 Crest Road West
buildings, or structures because the proposed improvements will be constructed on a
portion of the lot which is least intrusive to surrounding properties, will be screened
and landscaped with plants and shrubs, is of sufficient distance from nearby residences
so that the proposed project will not impact the view or privacy of surrounding
neighbors.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site, the natural terrain and surrounding residences. The proposed
project is consistent with the scale of the neighborhood, as it is on a large lot. The lot
coverage maximums set forth in the Zoning Code will not be exceeded.
D. The development plan follows natural contours of the site to the
maximum extend practicable to accomplish groomed and usable areas of the lot.
Natural drainage courses will not be affected by the project. Grading will not modify
existing drainage channels nor redirect drainage flow. The project is not located in a
canyon or on existing slopes that exceed 25%.
E. The project preserves much of the existing vegetation elsewhere on the lot
and will introduce drought -tolerant landscaping, which is compatible with and
enhances the rural character of the community, and the landscaping will provide a
buffer or transition area between private and public areas. A landscaping plan has been
filed with the City.
F. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
development will utilize the existing driveway.
Section 6. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. In proposing walls that do not average out to 2.5' high Variances are required to
grant relief from Section 17.16.190F for walls. Two maximum 5' high walls that will not
average out to 2.5' high are proposed. One 5' maximum high wall encloses the pool
equipment and one 5' maximum high wall provides privacy to the master bath
courtyard.
With respect to the aforementioned requests for Variance, the Planning
Commission finds as follows:
A. There are exceptional circumstances and conditions on the subject
property as follows:
Reso. 2016-17
27 Crest Road West
Regarding requested variance from Zoning Ordinance Section 17.16.190F
relating to walls not averaging out to 2.5' feet in height, the wall to enclose the area for
the pool equipment is proposed in an area that has two existing 5 -6 ' walls already and
is in a depressed area, away from the primary living area. A lesser wall would not
adequately screen the pool equipment. The other 5' high maximum wall proposed to
enclose a courtyard adjacent to the master bath would provide security and privacy for
the residents as large windows overlook the existing living spaces and proposed pool
and deck area.
The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property owners in the same vicinity and zone but
which is denied to the property in question by strict application of the code. The
property right which otherwise would be enjoyed is the ability to adequately screen the
pool equipment in a location that would ensure noise is buffered, and to ensure privacy
for the residents and their guests from the master bathroom.
B. 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 in that the degree of deviation from the allowed
average of walls is relatively minor because the walls are very short in length and do
not span over a large area. Further, the proposed improvements would not be visible
from the adjoining street or private properties and therefore are not expected to result
in any visual or privacy impacts. The pool equipment area is tucked away and will not
be visible by residents or neighbors. The privacy wall will be screened with
landscaping.
C. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed walls construction will be orderly, attractive, and
will not affect the rural character of the community. The subject proposed structures
are in the rear of the property and will not impact the proposed future stable and
corral area and will not impact the use of the existing structures.
D. 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 property is located above the adjacent
property to rear and due to the large size of the properties and sloped conditions there
is large open space between any structures on subject property and the adjacent
properties.
E. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
Reso. 2016-17
27 Crest Road West
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and Variance in Zoning Case No. 906 for new
1,375 square foot pool with infinity edge, with several terraced retaining walls ranging
from 1' to 4'8" high for pool area, associated grading totaling 388 cubic yards, 64 square
feet of pool equipment enclosed with 5' high maximum wall, and a 5' high wall to
enclose a master bath courtyard for privacy, a 68 square foot barbecue structure and a
40 square foot fire pit subject to the following conditions:
A. The Site Plan and 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 and 17.46.080 of
the Rolling Hills Municipal Code, or the approval granted is otherwise extended
pursuant to the requirements of these sections.
B. 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 City has given the applicants 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 Building and Construction Ordinance, the Zoning
Ordinance, LA County Building Code 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.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated May 11, 2016, and a concept landscaping plan, with
condition to retain certain vegetation, and dated May 11, 2016 except as otherwise
provided in these conditions,
E. The working drawings submitted to the Department of Building and
Safety for plan check review must conform with the development plan approved with
this application. A copy of the conditions of this Resolution shall be printed on plans
approved when a building permit is issued and a copy of such approved plans,
including conditions of approval, shall be available on the building site at all times.
F. Prior to obtaining a building permit a detailed landscaping plan shall be
submitted to the Planning Department. To maximum extent practicable, the existing
trees and shrubs shall remain, or be replaced.
G. If landscaping of 5,000 square foot area or greater is introduced or
redeveloped, the landscaping shall be subject to the requirements of the City's Water
Efficient Landscape Ordinance. Any plants introduced for this project shall not grow
Reso. 2016-17
27 Crest Road West
into a hedge but be offset. The landscaping plan shall utilize to the maximum extent
feasible, plants that are native to the area and are consistent with the rural character of
the community.
H. A drainage plan shall be prepared and submitted to the City's Building
Department for review and approval, and the project shall comply with their
requirements. The applicants, at all times, shall maintain the drainage devices in good
working condition and free of debris and vegetation.
I. 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 with this Resolution approving this project and including conformance
with all of the conditions set forth therein and the City's Building Code and Zoning
Ordinance.
Further, 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.
J. Grading for this project shall not exceed 388 cubic yards which includes 260
cubic yards of excavation from the swimming pool that may be exported.
K. Structural lot coverage shall not exceed 27,373 square feet, or 16.1%
(with allowable deductions). Total lot coverage shall not exceed 30.4% or 50,464 square
feet, as approved by this Variance. Building Pad coverage on the 74,316 square foot
residential pad shall not exceed 25.8%.
L. Disturbance for the pool/spa, barbecue, fire pit, walls, and future
proposed stable/corral will not exceed 56,417 square feet or 33.9%
M. The future set -aside area for the stable and corral area of minimum of
1,000 square feet, shall be retained on the property at all times.
N. A minimum of four -foot level path and/or walkway, which does not
have to be paved, shall be provided around the perimeter of the project.
O. The pool equipment area shall be enclosed. Per LA County Building
Code, pool barrier/fencing shall be required for the pool.
P. During construction, conformance with the air quality management
district requirements, 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, and objectionable odors shall be required.
Reso. 2016-17
27 Crest Road West
Q. During and after construction, all parking shall take place on the project
site and there shall be no parking on the common driveway. During construction, to
maximum extend feasible, employees of the contractor shall car-pool into the City.
R. 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.
S. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Public Works Department Best Management
Practices (BMP's) requirements related to solid waste, drainage and storm water
management.
T. A minimum of 50% of the construction material spoils shall be recycled
and diverted. The hauler shall provide the appropriate documentation to the City.
U. 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.
V. 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/Ioximain.php?suite=safety&page=hazard definitions#FIRE.
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.
W. 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.
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
X. Prior to finaling of the project an "as graded" and an "as constructed"
plans and certifications shall be provided to the Planning Department and the Building
Department to ascertain that the completed project is in compliance with the approved
plans. In addition, any modifications made to the project during construction, shall be
depicted on the "as built/as graded" plan.
Reso, 2016-17
27 Crest Road West
•
Y. Until the applicants execute an Affidavit of Acceptance of all conditions
of this approval, the approvals shall not be effective. Such affidavit shall be recorded
together with the resolution.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 2016.
ATTEST: ,
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. 2016-17
27 Crest Road West
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2016-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR A
SWIMMING POOL/SPA, WALLS, FIRE PIT, BARBECUE, POOL EQUIPMENT,
AND A VARIANCE TO EXCEED 2.5' HIGH AVERAGE FOR ASSOCIATED
WALLS IN ZONING CASE NO. 906 AT 27 CREST ROAD WEST, (LOT 174-B-
MS), ROLLING HILLS, CA (GOLDENBERG).
was approved and adopted at a regular meeting of the Planning Commission on
July 19, 2016 by the following roll call vote:
AYES: Commissioners Cardenas, Gray and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Kirkpatrick.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE, CITY CLERK
Reso. 2016-17
27 Crest Road West