909, Enlarge Patio & yard, Resolutions & Approval Conditions•
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20161371572
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Recorded/Filed in Offlc al Records
Recorder's Office, Los Angeles County,
California
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RECORDING REQUESTED BY ANL
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
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+ RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
ZONING CASE NO. 909
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:
7 SOUTHFIELD DRIVE, (LOT 4-SF) 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. 909
XX SITE PLAN REVIEW XX VARIANCE
!.(Vile) ceriify (or dare) under the penalty of perjury that the foregoing is true and correct.
S 'at,1 l4l2'mot
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N5rtZ dz panted
Address \‘'NN fUL
C.rI,'(City/State I _
Signature
L.`S .• KIe.-man
Name typed or printed
$4.$0'+ &(J
Address
Ri4V,4 , CA 9b2-14
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 CA -kaki }
COUNTY OF LDS &vies }
On 101 27 (('' , before me, AYh�i�� LeOin
Public, personally appeared
Pav►iZj 4 rrvtan Mid _L M kki/mav,
who proved to me on the basis of satisfactory evidence to be the perso (s who
is ar subscribed to the within ' ' trument and acknowledged to me tha e/sh
executed a same in his/he - the' authori ' capaci , and that by his/he
signs. : on the instrumen u e perso or the enti upon behalf of which
perso : « • , executed the instrument.
, a Notary
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 t .. • .cgmueJ Leov)
Date Commission Expires Dec. 19, 201 q
Commission No. 213 7 1
SAMUEL LEON •
COmmission * 2137568
Notary Public - California
Lis Angelo Colunyl
M!(t ra. &rotra Olt 19,.2019 I
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RESOLUTION NO. 2016-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A S11'E PLAN REVIEW
FOR A COVERED PORCH WITH AN OUT -OF -GRADE CONDITION
AND ACCESSORY STRUCTURES, AND A VARIANCE TO�ENCROACH
WITH A SET ASIDE AREA FOR A STABLE AND CORRAL INTO .THE
SIDE SETBACK, INCLUDING WITH A PORTION OF AN EXISTING
SHED IN ZONING CASE NO. 909 AT 7 SOLD DRIVE, (LOT 4-
SF), ROLLING HILLS, CA (KLERIVIAN).
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. Kerman fora 700
square foot deck, 380 square feet of which would be above ground by 2.5' in height, and
for a Variance to retain a portion of an existing shed in the side yard setback and to set
aside a 1,000 square foot area for a future stable and corral in the side yard setback.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the application on August 16, 2016 at a field trip and an evening meeting on
the same day and on September 20, 2016 at their regular meeting. 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 applicants' representative was in attendance at the public hearings.
Section 3. The property is zoned RAS-1 and consists of 2.6 acres gross
(113,256 sq. ft.) and 100,726 sq.ft. net Iot area for development purposes. The property is
accessed through a property on Ringbit Road W., and has a long steep driveway that
bisects the lot, and overall steep topography that does not lend itself easily to equestrian
amenities. Therefore, the applicant is requesting a variance to provide a stable and
corral set aside in the fltest portionof the lot, whci would be in the side yard setback.
The property slopes downwards from Southfield Drive from 1,100 foot elevation to 970
elevation at the building•pad, and then to 920 elevation at the rear property line.
In August 2010, the applicant was approved for a lot line adjustment to move the
common property line between 7 Southfield and 5 Ringbit West where 11,168 square
feet of northerly portion of 5 Ringbit Road was transferred to 7 Southfield Drive
increasing the size of the lot from 90,912 square feet to 102,080 square feet, 2.34 acres net
(100,726 square feet for development purposes).
Section 4. The project is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15303, Class 3 exemption Guidelines.
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7 Southfield
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Section 5. Sections 17.46.020 requires a development plan to be. submitted for
Site Plan Review for decks with an out -of -grade condition of more than 12". With
respect to the Site Plan Review application for the 700 square foot deck, 380 square feet
of which will be above ground by 2.5', 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 all development standard
requirements for lot coverage and disturbance of the Zoning Ordinance. There is no
grading required. The deck will be located behind the residence and slopes will
maintain their natural terrain. The out -of -grade condition of 2.5' will not be seen by
surrounding properties. A 30" retaining wall and caissons will be constructed at the
edge of the deck for its support. The wall will be screened by landscaping so as to
reduce the visual impact of the development. The deck will be located in a flat area
behind the house on a portion of the property away from any other residence and street
and while it may be visible from the property across the canyon, with landscaping and
its low profile, it will not be obtrusive.
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 and to the rear of the residence. Significant portions of the 2.6 acre lot will
be left undeveloped so as to maintain open space on the property and the natural
rolling hill terrain. 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, 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%.
Reso. 2016-21
7 Southfield
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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 will be
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 requesting relief from Section 17.18.060, stables and corrals are not to be
located in setbacks; the applicant advises that the property "has no abilities to support a
pad for a stable and corral elsewhere on the property." In addition a very small portion
of an existing shed that will otherwise be brought to compliance with the zoning code,
encroaches into the yard area set aside for the stable.
A. With respect to the aforementioned requests for Variance, the Planning
Commission finds that there are exceptional circumstances and conditions on the
subject property due to the steep topography there is no ability to grade and create a
pad for the stable/corral elsewhere on the lot.
B. 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.
To the steep topography of the lot and the already developed building pad, the
property is not compatible with the requirement for horse facilities that could be located
in a conforming location. The set aside includes a very small portion of an existing 200
Square foot shed that will be retrofitted to a 118 square foot shed to comply with the
building code requirements.
C. 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, as the site identification for a stable and corral in the
side setback will not affect others in the city. Currently, the applicants have no plans to
construct said equestrian facilities. The small shed has been on the property for many
years and is not intrusive or takes away from the equestrian area, but is a part thereof.
D. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the property complies with the General Plan requirement of low
Reso. 2016-21
7 Southfield
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profile, low -density residential development with sufficient open space between
surrounding structures. The property is located on the edge of a canyon to the rear of
the lot 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.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Site Plan Review and Variance in Zoning Case No. 909 for new a
700 square foot deck, 380 square feet of which would be above ground by 2.5' in height,
and a variance to provide a set aside area for a 450 square foot stable and a 550 square
foot corral in the side yard setback as well as to retain an existing shed partially in the
side setback, subject to the conditions specified below. A 232 square foot attached trellis,
34 square foot barbecue, and a 36 square foot water feature will be approved
administratively.
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 September 9, 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
Reso. 2016-21
7 Southfield
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approved when a building permit is issuer 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 landscaping plan shall be submitted
for the screening of the retaining wall to the Planning Department.
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
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, if required, 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 respect 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. There shall be no grading for this project, however excavation for
caissons and footings shall be allowed.
iC. Structural lot coverage shall not exceed 5,684 square feet, or 5.6% and
with allowable deductions, 5,382 sq.ft. or 5.3%. Total lot coverage shall not exceed
15.0% or 15,097 square feet, as approved by this Variance. Building Pad coverage on the
11,924 square foot residential pad shall not exceed 43.4%, with allowable deductions,
and includes the future stable (450 sq.ft.)
L. Disturbance for the residence, garage, spa, breezeway, service yard,
covered porch and other structures will not exceed 17,450 square feet or 17.3 %
M. The unpermitted shed on the property shall be retrofitted to be in
compliance with the zoning and building department requirements and the small
portion of the shed in the setback may remain, as per the variance approval.
Reso. 2016-21
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N. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RH'VIC 1716.190 E), pertaining to lighting on
said property, roofing and material requirements of properties in the Very High Fire
Hazard Severity Zone.
O. Should the existing electrical panel be upgraded or relocated, pursuant
to Section 17.27.030 of the . zoning ordinance, all utility lines shall be placed
underground.
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.
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 htta✓/www.wrh.noaa.eov/Iox/main.vhv7suite=safetv&vaze=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
Reso. 2016-21
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be conducted on the property, the contractor shall have readily available fire
distinguisher.
W. 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 ADur i u THIS 20 D • ' F s± r = 4' 2016.
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.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2016-21 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SUE PLAN REVIEW FOR A
COVERED PORCH WITH AN OUT -OF -GRADE CONDITION AND
ACCESSORY STRUCTURES, AND A VARIANCE TO ENCROACH WITH A
SET ASIDE AREA FOR A STABLE AND CORRAL INTO THE SIDE SETBACK,
INCLUDING WITH A PORTION OF AN EXISTING SHED IN ZONING CASE
NO. 909 AT 7 SOUTHFIELD DRIVE, (LOT '4-SF), ROLLING HILLS, CA
(KLERMAN).
was approved and adopted at a regular meeting of the Planning Commission on
September 20, 2016 by the following roll call vote:
AYES: Commissioners Cardenas, Gray, Kirkpatrick and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: Commissioner Seaburn
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2016-21
7 Southfield
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CITY CLERK
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