710, Retain a previously built stab, Resolutions & Approval ConditionsRECORDING REQUEST AND MAIL'
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
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06 05361.49
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. 710
SITE PLAN REVIEW XX
CONDITIONAL USE PERMIT X X
VARIANCES X X
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
2 SOUTHFIELD ROAD, ROLLING HILLS, CA (LOT 62-B-SF)
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. 710 SITE PLAN REVIEW XX
CONDITIONAL USE PERMIT XX
VARIANCES XX
1+ Recorder's Use Only
I ( e) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
,. �. eCA t,-9Q
Signature
Name typed or printed
Addres t
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City/State
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Signatures must be acknowledged by a notary public.
Signature
Name typed or printed
Address
City/State
State of California )
County of Los Angeles) ` /
On �t�b��- o6, n.r before me, YCGtfly y. S`j:., 4.1k7'ar-y
Personally appeared S4 ePben 1 • Cn /c/w e II •
person I known to me (o proud to me on the basis of satisfactory evidence to be the person whose
name is are subscribed to e within instrument 4 acknowledged to me thaQie/she/they execut the same
in i /her/their authorized capacity(ies) and that b hiker/their signature on the instrument the person or
the entity upon behalf of which the personacted, executed the instrument.
i YOUNG H. SHIN e Witness by hand and officialeal.
Comm. # 1425186 �
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NOTARY PUBLIC•CALIFORNIA
los Angeles County -'
My Comm. Expires June 19,2007 4
. 7
Signature of Notary
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also S
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06 0536149
RESOLUTION NO. 2005-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL FOR A
CONDITIONAL USE PERMIT AND A VARIANCE TO
CONSTRUCT A POOL HOUSE IN THE REAR SETBACK;
VARIANCE TO RETAIN A PREVIOUSLY CONSTRUCTED
STABLE IN THE FRONT SETBACK; VARIANCE TO EXCEED THE
MAXIMUM PERMITTED STRUCTURAL AND TOTAL LOT
COVERAGE AND A VARIANCE TO EXCEED THE MAXIMUM
PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 710, AT 2
SOUTHFIELD ROAD (LOT 62-B-SF) (MARANO/ COLDWELL).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. Steve Coldwell (Co -
Trustee for Dr. Marano) with respect to real property located at 2 Southfield
Drive, (Lot 62-B-SF), Rolling Hills, CA requesting a Conditional Use Permit to
construct a 327 square foot pool house and a Variance to encroach with the pool
house into the rear setback; a Variance to retain a previously constructed stable
located in the front setback; and Variances to exceed the maximum permitted
structural lot coverage, the maximum permitted total lot coverage and the
maximum permitted disturbed area of the lot.
Section 2. Previously, a pool house existed in the same location as the
proposed pool house, which was destroyed by fire. There are no records when
the original pool house was constructed and there are no building permits for the
original pool house. The applicant wishes to re -construct the pool house in the
same location.
In addition, there exists on the property in the front yard a 480 square foot
stable. There are no records of when this stable was constructed and whether
building permits were obtained. In order to retain this structure a Variance is
required because of its location in the front setback.
Section 3. The property is zoned RAS-1 and is 1.05 acres (gross) in size
and 0.47 acres net. The property is currently developed with a 2,583 square foot
residence, 506 square foot garage, 720 square foot swimming pool, 96 square foot
spa, 480 square foot stable, 264 square feet of covered porches and 96 square foot
service yard. The previous owner, Dr. Marano, commenced reconstruction of the
destroyed by fire pool house without proper approval. The house was built in
1950 and the swimming pool and spa in 1963. An addition to the house was
constructed in 1962 and another one in 1972. In 1999 the then property owner
submitted an application for a 658 square foot addition, which he later withdrew.
The present development on the property, without the pool house, already
exceeds the maximum permitted structural coverage, total lot coverage and the
disturbed area of the lot.
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Section 4. The Planning Commission conducted duly noticed public
hearings to consider the application on July 19, 2005, August 16, 2005 and at a
field trip visit on August 16, 2005. The applicant and his representatives 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's representatives were in
attendance at the hearings.
Section 5. The Planning Commission finds that the project qualifies as
a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore
exempt from environmental review under the California Environmental Quality
Act.
Section 6. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code
permits approval of a pool house under certain conditions, provided the
Planning Commission approves a Conditional Use Permit. The applicant is
requesting to construct a 327 square foot pool house. Such pool house will be
located in the rear yard setback. A similar pool house was located in the same
area, prior to being destroyed by fire. No records exist to confirm that the
previous pool house was authorized. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. The granting of a Conditional Use Permit for the construction of a
pool house would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan because the use is consistent with similar uses in the
community, and the area proposed for the pool house would be located in an
area on the property where such use will not change the existing configuration of
structures on the lot. The applicant's intent is to legalize the unauthorized
structures on the property and legalize the overdevelopment on the property by
applying for variances to exceed the lot coverage.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a pool house will
not adversely affect or be materially detrimental to these adjacent uses,
buildings, or structures because the proposed pool house will be nestled behind
existing trees to promote pad integration and is of sufficient distance from
nearby residences so that the pool house will not impact the view or privacy of
surrounding neighbors. A pool house existed in the same location previously
and it did not adversely affect the neighbors.
C. The project is harmonious in scale and mass with the site, the
natural terrain, and surrounding residences because the pool house will comply
with the low profile residential development pattern of the community and the
structure previously existed.
D. The proposed conditional use complies with all applicable
development standards of the zone district because the 327 square foot size of the
pool house is smaller than the maximum permitted under the Municipal Code.
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E. The proposed conditional use is consistent with the portions of the
Los Angeles County Hazardous Waste Management Plan relating to siting and
siting criteria for hazardous waste facilities because the project site is not listed on
the current State of California Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title
17 of the Zoning Code because there exists a stable structure and adjacent corral.
Section 7. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Conditional Use Permit for
the construction of 327 square foot pool house, subject to the conditions contained
in Section 16 of this Resolution.
Section 8. Section 17.16.120 requires the rear yard setback for every
residential parcel in the RA-S-1 Zone to be fifty (50) feet from the rear property
line. The applicant is requesting to construct a pool house, which will encroach
twenty-seven feet 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 the property that do not apply generally to the other
property or class of use in the same zone. The Variance request is to replace an
unauthorized structure, which was destroyed and which encroached into the
rear setback, with a new legal pool house in the same location. The existing
development on the lot together with the fact that the lot fronts on three streets,
where three roadway easements are deducted from the gross lot area creates a
difficulty in constructing the pool house elsewhere on the property.
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 pool house elsewhere on the property. The gross lot area meets the
requirement for lot size for the zone in which it is located, however due to the
triple street frontage of the lot the net lot area for development purposes is
drastically reduced.
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 pool
house will be located in the same exact location and follow the same
footprint as the unauthorized structure, which was burned.
Section 9. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Variance to locate the pool
house in the rear setback subject to the conditions contained in Section 16 of this
Resolution. -
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Section 10. 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 17.16.070 (B) is required because it states that the lot
disturbance shall be limited to 40% of the net lot area. With respect to this
request for a Variance for lot disturbance of 49.8%, the Planning Commission
finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply
generally to the other property or class of use in the same zone. The Variance for
the lot disturbance is necessary because the existing disturbance already exceeds
the maximum permitted and no additional disturbance will be created. When the
addition was approved in 1972, the disturbed area was exceeded.
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 of the existing conditions of the lot. The existing disturbance of the lot
will not be exceeded. Due to the location of the property, along three streets, the
net lot area is drastically reduced, resulting in greater disturbed area.
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. All development is pre-
existing and is screened to prevent adverse visual impact to surrounding
properties.
Section 11. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variance to exceed the
disturbed lot area to 49.8%, subject to the conditions specified in Section 16 of
this Resolution.
Section 12. 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.
Section 17.16.070(A)(1) states that coverage by structures shall not be more than
20 percent of the net lot area. The applicants are requesting a Variance because
coverage by structures will be 24.97% of the net lot area. Section 17.16.070(A)(2)
states that coverage by all impervious surfaces shall not be more than 35 percent
of the net lot area. The applicants are requesting a Variance because coverage by
impervious surfaces will be 38.7% of the net lot area. With respect to this request
for Variances, the Planning Commission finds as follows:
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06 0536149
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 Variance for the structural lot
coverage and the Variance for the total lot coverage are necessary because the lot
is 1.05 acres, however due to the location of the lot along three streets, the net lot
area is 0.47 acres. Pursuant to the Zoning Ordinance, all of the maximum
permitted development standards are measured against the net lot area of a lot.
The lot size and configuration, together with the existing development on the lot
creates difficulty in meeting this Code requirement.
B. The Variances are 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 Variances are
necessary because the home is relatively small and modest, and the applicant is
requesting a modest addition to the structural and total lot development.
Currently, without the additional 327 square foot pool house, the structural and
total lot coverage of the lot already exceed the maximum permitted. The
additional structural and total lot coverage will be 1.6% above the current
coverage.
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. All development is pre-
existing and is screened to prevent adverse visual impact to surrounding
properties.
Section 13. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves the Variances to exceed the
structural and total lot coverage subject to the conditions specified in Section 16
of this Resolution.
Section 14. Section 17.16.110 requires that front yard setback be fifty (50)
feet from the roadway easement line, and be unobstructed from ground up.
Section 17.16.170 requires that every lot or parcel for which a discretionary
approval is applied for, (a CUP in this case),.be developed or have an area for a
set aside for a stable and corral. In addition, Section 17.16.200 states that a stable
may not be located in the front yard. The applicant is requesting a Variance to
retain the existing 480 square foot stable located in the front yard 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 or to the intended use that do not apply
generally to the other property or class of use in the same zone because the stable
already exists. There are no records on file to determine if the stable was
authorized and when it was constructed. Prior to City's incorporation, County of
Los Angeles allowed stables to be located in front yards. The existing stable is
located behind trees and is not visible from the streets.
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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 will permit
the development of the property in a manner similar to development patterns on
surrounding properties. The location of the building pad and the development
pattern of the remaining structures on site, creates difficulty in locating or setting
aside adequate area for a stable elsewhere on the property.
C. The granting of the Variance will 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 because the existing stable is not
visible to neighbors and will permit the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
Section 15. Based upon the foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Variance to retain the
existing stable in the front yard setback subject to the conditions specified in
Section 16 of this Resolution.
Section 16. The Conditional Use Permit .to construct a pool house
approved in Section 7, the Variances approved in Sections 9, 11, 13, and 15 of this
Resolution are subject to the following conditions:
A. The Conditional Use and Variances approvals shall expire within
two years from the effective date of approval as defined in Sections 17.42.070(A)
and 17.38.070(A) of the Zoning Ordinance unless otherwise extended pursuant to
the requirements of that section.
B. If any conditions of these approvals are violated, these approvals
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 fromthe date of the City's determination.
C. All requirements of the Building Code, the Zoning Ordinance, and
of the zone in which the subject property is located must be complied with,
unless otherwise set forth in this approval.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file marked Exhibit A and dated July 11, 2005
except as otherwise provided in these conditions.
E. Structural lot coverage shall not exceed 5,072 square feet or 24.97%
in conformance with structural lot coverage Variance granted.
F. Total lot coverage of structures and paved areas shall not exceed
7,874 square feet or 38.7% in conformance with total lot coverage Variance
granted.
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06 0536149
G. The disturbed area of the lot shall not exceed 10, 109 square feet or
49.8% in conformance with disturbed area limitations, as approved by this
Variance.
H. Residential building pad coverage on the 9,302 square foot existing
residential building pad shall not exceed 4,819 square feet or 51.8%, which
includes 6 square feet of the 264 square foot covered porch.
I. There shall be no grading for this project.
J. The partially reconstructed unauthorized pool house shall be
demolished and the construction of a new 327 square foot pool house, (as
approved by this Resolution) within the existing foot print, with proper Building
and Safety Department's review and approval and with proper building permits
shall commence within two years of the effective day of this approval.
K. Prior to conducting a final inspection of the pool house, an
inspection of the existing stable shall be conducted by the Los Angeles County
Building and Safety Department. The applicant shall request such an inspection
and pay all applicable fees and obtain a building permit. If any deficiencies are
found, they shall be corrected prior to securing a final inspection from the
Building and Safety Department for the pool house.
L. In the event that the approvals contained in this Resolution expire
and the pool house is not built, the City will immediately initiate code
enforcement action to assure that the stable is inspected, brought to safety
standards and that a building permit is obtained.
M. If a new landscaping is introduced, the landscaping shall include
water efficient irrigation that incorporates low gallonage irrigation system,
utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and
utilizes means to reduce water waste resulting from runoff and overspray in
accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of
the Rolling Hills Municipal Code. Further, landscaping shall be designed using
mature trees and shrubs so as not to impede views of neighboring properties but
to screen the pool house. Any new trees and shrubs planned to be planted in
conjunction with this project shall, at maturity, not be higher than the ridge
height of the pool house.
N. The chain link fence surrounding the property shall be removed.
O. During construction, dust control measures shall be used to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
P. During construction, conformance with local ordinances and
engineering practices so that people or property is not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
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Q. 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.
R. During and after construction, all parking shall take place on the
project site, and if necessary, any overflow parking shall take place within nearby
roadway easements.
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. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of storm water drainage facilities.
U. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMP's) related to solid waste and storm water pollution
prevention.
V. The City's requirements related to outdoor lighting, roofing
material and construction and all other requirements shall be complied with.
W. Prior to issuance of a building permit, the project shall be reviewed
and approved by the Rolling Hills Community Association.
X. Utility lines to the pool house shall be placed underground.
Y. The applicants shall execute an Affidavit of Acceptance of all
conditions of the Conditional Use permit and the Variances approvals, pursuant
to Sections 17.42.060 and 17.38.060 or the approval shall not be effective.
Z. All conditions, when applicable, of the Conditional Use Permit and
Variances approvals must be complied with prior to the issuance of a building
permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 06D,AY 0 SEPTENIBER 2005.
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ARVEL` WIT1'p, VICE CHAIRMAN
ATTEST:
P
MARILYN KERN, DEPL?TY CITY CLERK
Il
Pecn 1(1(1C_7R
06 0536149
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2005-28 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A CONDITIONAL USE
PERMIT AND A VARIANCE TO CONSTRUCT A POOL HOUSE IN THE REAR
SETBACK; VARIANCE TO RETAIN A PREVIOUSLY CONSTRUCTED STABLE
IN THE FRONT SETBACK; VARIANCE TO EXCEED THE MAXIMUM
PERMITTED STRUCTURAL AND TOTAL LOT COVERAGE AND A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF
THE LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 710, AT 2 SOUTHFIELD ROAD (LOT 62-B-SF) (MARANO/COLDWELL).
was approved and adopted at a regular meeting of the Planning Commission on
September 20, 2005 by the following roll call vote:
AYES: Commissioners Hankins, Henke, Sommer and Vice Chairman
Witte.
NOES: None.
ABSENT: Chairwoman DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CI CLERK
Reso. 2005-28 9