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910, New driveway, Resolutions & Approval Conditions• This page is part of your document - DO NOT DISCARD III i i 20170132888 i II i IV i 1111 II II i i i Recorded/Fi ed n Off c al Records Recorder's Off-ce, Los Angeles County, California 0013313134 u IIII 008120009 SEQ: 01 iw 02/01/17 AT 09:47AM II Hli i DAR - Counter (Upfront Scan) Ill 1111 DhII iu lull 00110I IINI ui i THIS FORM IS NOT TO BE DUPLICATED II P0a13 FEES: 51.00 TAXES: 0.00 OTHER: 0.00 PAID: 51.00 Ali £492668 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 12/' -17 *20170132888* 4 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. 910 (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: 85 CREST ROAD EAST, ROLLING HILLS, CA 90274 (LOT 69C-1 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. 910 XX SITE PLAN REVIEW XX VARIANCE I, Presid= Managr of 6666 E. Washington LLC, who is the owner of the real property certify (or de', e)urn• pe ty of perjury that the foregoing is true and correct. Signatur- Signature Tien P. Zee Name typed or pri 4001 Via Oro Ave Suite 210 Address Long Beach, CA 90810 City/State Name typed or printed Address City/State 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 C.\A•YvAk COUNTY OF l ns (Niv e\.e5 On )a.n• Q l/'o' , before me, 1DlandCk UriA"jk' Skr,«t QuiniLc,. a Notary Public, personally appeared • -7- Pe 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/ter/their authorized capacity(.ies), and that by his/h&their signature(e) 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 Noi/ary: kiManda Lone 5 Date Commission Expires ROY' \. l 20ici Commission No. CIO ZO. $ YOLAfDA MORALES Commission 0 2102025 flotary Public - Cell/ornia Los An ciss County t Comm. t� 11 2019 • RESOLUTION NO.20.3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A SWIMMING POOL, POOL EQUIPMENT AREA, DECKING AND TRELLIS, ROOM ADDITION, GARAGE AND BREEZEWAY AND NEW DRIVEWAY AND MOTOR COURT WITH RELATED GRADING/RETAINING WALLS AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA IN ZONING CASE NO. 910, AT 85 CREST ROAD EAST, (LOT 69-C-1-MS), ROLLING HILLS, CA (ZEE). 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. Tien Zee with respect to real property located at 85 Crest Road East, Rolling Hills (Lot 69-C-1-MS) requesting a Site Plan Review to construct a 396 square foot living area addition, new 960 square foot garage connected to the existing home via a new 510 square foot breezeway, 135 square foot attached trellis, new 1,300 square foot swimming pool, 45 square foot pool equipment enclosure and 1,024 square feet pool decking, new 20-foot wide driveway along the lot front and 3,000 square foot motor court and a total 2,296 cubic yards of grading to accommodate the new driveway and pool, and including 388 cubic yards to be exported. New maximum 3-foot high retaining walls are proposed in the area of the new pool equipment enclosure and along the new driveway. An existing 792 square foot garage and existing connecting breezeway will be demolished, and the existing 586 square foot pool and driveway accessed from a common apron will be abandoned (i.e. pool filled in/landscaped and driveway converted to decomposed granite path). A Variance is requested to exceed the maximum permitted disturbed area in that proposal will increase this area from 32.7% existing disturbance to 55.1% (maximum permitted 40%). Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on August 16 and September 20, including a field visit also on September 20th. Neighbors within 1,000-foot radius were notified of the public hearings and notices were published in the Peninsula News on September 8, 2016. The applicant and his agents were notified of the public hearings in writing by first class mail and the applicant's agents were in attendance at the hearings. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff. The Planning Commission has reviewed, analyzed and studied said proposal. During the public hearings neighbors expressed concerns regarding screening of the proposed driveway wall, visible from Crest Road, drainage of the lot, proximity of the proposed driveway apron to the existing shared driveway apron, stability of the slope once the asphalt driveway is removed and converted to D.G. surface, erosion control and drainage of the D.G. 85 Crest Rd E. ZC 910 1 surface. The concernave been addressed by condition• approval incorporated into this Resolution. Section 3. The property is zoned RAS-2. The gross lot area excluding the roadway easement is 3.3 acres and for development purposes the net lot area is 122,743 square feet or 2.81 acres. Section 4. The request for new driveway apron coming off Crest Road E. was reviewed and recommended by the Rolling Hills Traffic Commission at its meeting of July 28, 2016. Neighbor concerns expressed at public meetings regarding possible visual impacts of new walls proposed for the new driveway have been satisfactorily addressed during the public hearing conducted by the Planning Commission through incorporation of a condition of approval for new landscaping. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (CEQA Guidelines, Section 15303) in in that the project is a proposed construction of minor addition and . alteration of an existing single-family residence, and is therefore categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Section 6. Rolling Hills Municipal Code Section Chapter 17.46 contains Site Plan Review regulations. Under Section 17.46.020, a development plan shall be submitted for Site Plan Review for the proposed swimming pool and grading and addition of over 999 square feet. With respect to the Site Plan Review application for these improvements, 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 structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and maintaining sufficient setbacks and proposed landscaping to provide buffers between residential uses. The project is situated on a large, but topographically constrained site; with the added development, however, the lot would not appear to be overdeveloped. The existing driveway presents significant access challenges due to a number of physical factors including reliance on a common driveway apron located on the adjacent property and shared with other properties, narrow width (10 to 15 feet), steep slope, and unusual length, wrapping around approximately two-thirds of the property from Crest Road to the private garage. The proposed new driveway, while requiring new grading mainly at the front of the lot, has several positive and mitigating results in that it will eliminate reliance upon a shared apron, be widened to meet Fire Department standards, will comply with all current zoning standards and its location, following Crest Road at the lot front has a significantly shorter and more efficient travel distance to the garage and proposed motor court. In addition, new landscaping will be added to screen the view from Crest Road of a maximum 3-foot tall retaining wall that supports the new driveway. The existing driveway will be closed off at the apron, asphalt removed and replaced with a pervious, decomposed granite (D.G.) material 85 Crest Rd E. ZC 910 2 acid a portion will bellklaced with landscaping. ConcernSout potential erosion due to the existing driveway conversion and location of the new driveway have been addressed by a condition that requires submittal of a site -wide drainage plan for review and approval concurrent with checking of construction plans for building permit plan -check. The proposed swimming pool requires minor grading at the rear of the lot and will require a modest expansion of disturbed lot area. The location at the rear is suitable in that it will be shielded by the home on one side and hillside on other sides. The location of the pool equipment is also suitable in that it will be outside of the side and rear setbacks, and will be recessed into the hillside which will assist in buffering sound if any, emanating from it. B. The project substantially preserves the natural and modestly developed condition of the lot in that the addition to the existing enclosed building area will be relatively small, thereby minimizing building coverage. The topography and the configuration ofthe lot, have been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures, because the proposed project will be constructed largely on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with vegetation, is of sufficient distance from nearby residences so that it will not impact the view or privacy of surrounding neighbors, and will permit the owners to enjoy their property without deleterious infringement on the rights of surrounding property owners. The lot will not be built up or raised to accommodate the development (except a minor amount for the proposed pool), but will utilize to the maximum extent practicable the existing topography. The grading for the driveway, while modifying the existing topography at the front of the lot, requires modest height (3-feet maximum) retaining walls, the view of which will be mitigated by new landscaping. C. The proposed development, as conditioned, is harmonious in scale and mass with the site, and is consistent with the scale of the neighborhood when compared to new residences in the vicinity of said lot. Significant portions of the lot will be left undeveloped and some areas will have existing improvements abandoned or converted to more passive uses (existing pool to be filled in and landscaped and existing driveway to be converted to pathway with pervious surface). The proposed driveway will be screened at the front from Crest Road by new landscaping, and the new pool will be screened at the rear by the existing residence and rear hillside. D. The development plan will introduce additional 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. E. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because the project will capture all resident and visitor parking on -site with guest parking spaces accommodated in the proposed motor court and in the new 4-car garage. The new driveway and apron will conform to all the existing standards including, but not necessarily limited to width and slope and will decrease 85 Crest Rd E. ZC 910 3 the number of props relying upon the existing sharapron, thereby enhancing public safety. Section 7. Chapter 17.38 of the Rolling Hills Municipal Code contains regulations authorizing approval of Variances, for the purpose of 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. The project requests a Variance from Rolling Hills Municipal Code Section 17.16.070 in that the disturbed area of the lot is proposed to be increased from 32.7% to 55.1%, in excess of 40% permitted disturbance. With respect to the Variance, the Planning Commission finds as follows: A. There are exceptional circumstances and conditions on the subject property as follows: The property is uniquely constrained by the steep topography especially at the lot's front and east side, and this in turn has an influence on siting the proposed driveway and new apron. The proposed additional disturbance to provide a slightly larger building pad for the pool and to a larger degree, to construct the new driveway, is warranted because of the significant improvement in resulting site access. To the maximum extent practicable, given topography and existing degree of disturbance (32.7%) the proposed development blends with existing conditions. 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. The property right which would otherwise not be enjoyed is the ability to efficiently and safely access one's property, while complying with all applicable fire, and building codes and without substantially changing the existing topography and configuration of the lot. C. The granting of the Variances 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 proposed reconfigured driveway access increases safety to the property. Additionally, the improvements to the property will not be easily viewed from adjacent properties, and the street and visual impacts are minor given the addition of screening vegetation to new walls. To the maximum extent practicable the proposed development works within and follows the existing conditions on the lot and therefore will not be materially or otherwise detrimental to the public. The project is not expected to negatively impact property values in that neighboring views would not be affected. D. In granting the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed driveway, retaining walls, and the new residential construction will be orderly, attractive, and will be buffered with landscaping and a wall of a relatively low height, to ensure it will not affect the rural character of the community. The subject property 85 Crest Rd E. ZC 910 4 Maintains a suitab•table and corral, which will be affected by the proposed development. 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. 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 provide a new driveway approach, that will comply with the Fire Code requirements so as to better accommodate emergency vehicles. Further the construction of a new motor court and garage will accommodate site visitors on private property without need for cars to park in the roadway easements. G. The Variance is consistent with the portions of the County of Los Angeles Hazardous Waster Management Plan relating to siting and siting criteria for hazardous waste facilities. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves Zoning Case No. 910 requesting a Site Plan Review for living area and garage additions, breezeway, trellis, swimming pool and pool equipment enclosure, pool decking, new driveway along the lot front, motor court and grading to accommodate a new driveway and pool and a Variance, allowing the applicant to exceed the maximum permitted disturbed area from 32.7% to 55.1 %, subject to the following conditions: A. The Site Plan and Variance approvals shall expire within two years from the effective date of approval as defined in Sections 17.46.080 and 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of this approval that if any condition of this Resolution is violated, the entitlement granted by this Resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee's determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted. The Applicant shall be provided written notice of the hearing. The stop work notice shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If the Council determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not been cured, the Council shall provide the Applicant 85 Crest Rd E. ZC 910 5 with a deadline by with to cure the violation; no construn work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant's request or schedule a hearing for the revocation of the entitlements granted by the resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). 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 maintainedin substantial conformance with the site plan on file dated August 10, 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 and Variance approvals shall be incorporated into the building permit working drawings and where applicable complied with prior to issuance of a grading or 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. 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. Certificate forms for both plan preparation and construction work compliance may be obtained from the City of Rolling Hills. G. Structural lot coverage of the lot shall not exceed 8,750 square feet or 7.13% of the net lot area in conformance with lot coverage limitations (20% maximum). The total lot coverage proposed, including structures and flatwork, including new driveway and motor court, shall not exceed 24,009 square feet or 19.6% of the net lot area. H. Grading for this project shall consist of 2,296 cubic yards (cy) total, including 1,342 cy of cut, 954 cy fill and 388 cy to be exported. The disturbed area of the lot, shall not exceed 55.1% as proposed. 85 Crest Rd E. ZC 910 6 I. The reeential building pad shall be 41,53Ikuare feet and will have coverage not to exceed 8,615 square feet, or 20.7%. J. 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, roofing and material requirements of properties in the Very High Fire Hazard Severity Zone. K. All utility lines to the development shall be placed underground, subject to all applicable standards and requirements. L. A drainage plan shall be prepared for the entire site (not just construction areas) and approved by City Engineer prior to issuance of a construction permit. Such drainage plan shall be subject to LA County Code requirements. M. Prior to obtaining a 'grading permit a landscaping plan shall be submitted to the City that shall provide as follows: a) Planting of new vegetation on all graded slopes in conformance with Fire Department Fuel Modification requirements and for erosion control; b) Planting of new vegetation to screen the view of the new driveway along the site front including the retaining wall from view of the neighbor across at 86 Crest Rd. E. and the Applicant shall provide an opportunity for said neighbor to review the plan and provide constructive input in advance of submittal to the City; c) Planting of new vegetation to screen the view of the new driveway along the east side from the adjoining residence; d) Planting for the new pool and pool equipment area with landscape screening; e) As shown on the approved Site Plan, demolition of the existing asphalt driveway and improvement of the northern section with landscaping with vegetation with the remaining section to be resurfaced with decomposed granite, gravel or similar pervious/decorative material; f) Construction of a rubble wall across the accessway from the shared driveway onto the subject site (thereby blocking car access to the area of the former driveway that in the past relied on a shared driveway); g) Any trees and shrubs shall be planted in an offset manner, such that they do not 'form a hedge like screen and shall be of a height, which shall not at any time grow into other nearby residents' views; h) To the maximum extent feasible, plants shall be utilized that are native to the area and are consistent with the rural character of the community. N. If landscaping of 5,000 square foot area or greater is introduced or redeveloped as part of the subject project, the landscaping plan shall be subject to the requirements of the City's Water Efficient Landscape Ordinance. O. Any proposed landscaping within the Rolling Hills Community Association (RHCA) easement shall be reviewed and approved by the RHCA. 85 Crest Rd E. ZC 910 7 P. Per the Los Angeles County Building Code, a pool barrier/fencing shall be required. The swimming pool equipment shall utilize the most quiet and technologically advanced equipment to dampen the sound. Q. The entire roadway easement line and the east side setback line in the vicinity of the construction for this project shall remain staked throughout the construction. A construction fence may be required. R. 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 RHCA. S. A minimum of 50% of any construction materials must be recycled or diverted from landfills. The hauler of the materials shall obtain from the City a "Construction and Demolition Permit" prior to start of work, and provide the appropriate documentation to the City. T. 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. U. 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/inain.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. V. During construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby unimproved roadway easement adjacent to subject site. There shall be no blocking of adjacent driveways or of the roadway easement for passage of pedestrians and equestrians. During construction a flagmen shall be used to direct traffic when it is anticipated that a lane may be impeded. W. 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 and comply with the City's Low Impact development Ordinance (LID) as applicable. Further the 85 Crest Rd E. ZC 910 8 property owners shaft required to conform to the Count iealth Department requirements for a septic system. X. Prior to final inspection of the project, "as graded" and "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 Planning Commission approved plans. In addition, any modifications made to the project during construction, shall be depicted on the "as built/as graded" plan. Y. 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, A,�' RO H ND ADOPTED THIS 18TH DAY OF OCTOBER 2016. r A CHE�,F, C IRMAN 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. 85 Crest Rd E. ZC 910 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2016-23 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR CONSTRUCTION OF A SWIMMING POOL, POOL EQUIPMENT AREA, DECKING AND TRELLIS, ROOM ADDITION, GARAGE AND BREEZEWAY AND NEW DRIVEWAY AND MOTOR COURT WITH RELATED GRADING/RETAINING WALLS AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA IN ZONING CASE NO. 910, AT 85 CREST ROAD EAST, (LOT 69-C-1-MS), ROLLING HILLS, CA (ZEE). was approved and adopted at regular meeting of the Planning Commission on October 18, 2016 by the following roll call vote: AYES: Commissioners Cardenas, Kirkpatrick, Seaburn and Vice Chairman Gray. NOES: None. ABSENT: None. ABSTAIN: Chairman Chelf (recused). and in compliance with the laws of California was posted at the following: Administrative Offices *A I HEIDI LUCE, CITY CLERK 85 Crest Rd E. ZC 910 10 • dr?.2 ECVD FEB 032017 City of Rolling Hills By