753, Construct a pool with encroach, Resolutions & Approval Conditions•
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07/28/08
RECORDING REQUESTED BY AND
MAIL TO
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
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20081344981
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 753
SITE PLAN REVIEW XX
VARIANCE XX
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
1 SAGEBRUSH LANE, ROLLING HILLS, (LOT 100-A-2-RH) 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
ZONING CASE NO. 753
/GyZ.
Sigr>6ture V
ICti+ ' J. Pm-0
Name typed or printed
G,23t 0coet`m. !e-rracp 1,r-
Address
_gct4Oh7c Dav S �/..Zid-PS I CA
City/State
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On 1 121 r' O/ before me, Kr1 bteil'1
SITE PLAN REVIEW XX
VARIANCE XX
I We ce (or declare) under th�y of perjury that the foregoing is true and correct.
Signature
Name typed or printed
Address
City/State
ea!'4(aP/
6-44 /t4 /T7i
Pc I a. t <orckr‘l -PC)1al i C.
personally appeared T b h -r-Q Y1
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
KRISTEN RAIG
Convn. # 1507517
NOTARY PUBLIC • CALIFORNIA
LOS ANGELES COUNTY .�
Witness byhajld arid o 'cial seal.
Signature of Notary
1 et MOP'"f ] TA.11.rta HERETO AND MADE A PART HEREOF
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State of California
County of (OS A-►' otkg
I � 5S6n% ep,Ic , a /JoTa1z f . TUTA..1 C,
On —I / 2- I / 02 before me, pevsaitallyTch"Sofla if (
(Insert Name of Notary Public and Title)
> pprared l o, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf on 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.
Signat
(Seal)
KRISTEN RAIG
Comm. S 1507517
NOTARY PUBUC • CALIFORNIA
LOS ANGELES COUNTY
My Comm. Expires AUGUST 20. 200E
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RESOLUTION NO. 2008-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A SITE PLAN
REVIEW AND A VARIANCE APPROVAL FOR
CONSTRUCTION OF A SWIMMING POOL, A PORTION
OF WHICH WOULD ENCROACH INTO THE SIDE
YARD SETBACK, ON A PROPERTY THAT REQUIRES
PLANNING COMMISSION REVIEW DUE TO EXISTING
STRUCTURAL DEVELOPMENT RESTRICTION AT 1
SAGEBRUSH LANE, (LOT 100-A-2-RH) IN ZONING CASE
NO. 753, (FAN).
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. Fan with respect to real
property located at 1 Sagebrush Lane, Rolling Hills, (Lot 100-A-2-RH), CA requesting a
Site Plan Review and a Variance to permit construction of a 590 square foot swimming
pool, including a spa which would encroach into the side yard setback. The Site Plan
Review is necessary due to a condition placed on a previous application that any
further development on the property requires a Site Plan Review by the Planning
Commission.
Section 2. The Planning Commission conducted duly noticed public hearings
to consider the applications on April 15 and May 13, 2008 and at field trips on April 15
and May 13, 2008. Between the April and May meetings, the applicant revised the
project by reducing the size of the pool and by relocating the pool further away from
the setback. The applicant was 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 3. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 4. Section 17.16.110 of the Municipal Code requires that side yard
setback in the RAS-2 zoning district be thirty-five (35) feet from the side property line.
Sections 17.38.010 through 17.38.050 permit approval of a Variance from the standards
and requirements of the Zoning Code 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. The applicant is requesting
permission to allow 590 square foot swimming pool, of which 295 square feet would
encroach 11-feet into the side yard setback. With respect to this request for a Variance,
the Planning Commission finds as follows:
ZC 753
Reso. 2008-10
1
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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 lot size and configuration, together with the existing
development on the lot creates difficulty in meeting the side setback Code
requirements. Although the subject parcel is large, (1.6 acres net) only approximately
28,000 square feet of the lot is level and suitable for development without further
grading. Most of this level area is already developed with a single family residence
previously approved. The property slopes quite dramatically from the front and
therefore, the residence had to be located further into the front yard area. The rear of the
property also consists of a slope and may not be developed. Sagebrush Lane crosses
over the property, and therefore a large portion of the lot is not developable and is
located across from the roadway (driveway) leading to other properties.
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. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. Due to the
configuration of the lot, topography and the location of the existing residence, the
Variance would permit the development of the property in a manner similar to
development patterns on surrounding properties.
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. Development in the side setback would allow the
remaining portion of the lot to remain undeveloped and would eliminate the need to
grade the property. The proposed pool would be not less than 130 feet to the nearest
residence. The structural lot coverage, the total lot coverage and the disturbed area of
the lot are within the requirements of the City code. The disturbed area is at a
maximum of 40% and will not change, as the pool would be located on previously
disturbed area of the lot. In addition, a letter was received from the immediately
adjacent property owner, stating that he has no objections to the location of the pool.
D. Alternative locations were considered and studies by the applicant and
the Planning Commission and it was found that the alternative areas would not be
suitable for a swimming pool, due to the proximity of the residence to a slope which is
not compacted for development, location of the septic tank and seepage pits in other
level areas of the property, the fact that the proposed location has been certified as
adequately compacted as part of the grading plan for the residence and the general
topography of the lot. In addition, a letter was received from the immediately adjacent
property owner, stating that he has no objections to the location of the pool.
Section 5. Pursuant to Section 17.46.040 the Planning Commission may
condition an approval to require site plan review for any future construction on the
property, regardless of whether site plan review would ordinarily be applicable to such
construction. With respect to the Site Plan Review application due to the restriction
placed in Resolution No. 2002-02 granted on January 15, 2002 by the City Council on
Reso. 2008-10
1 Sagebrush Lane 2
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any future development on subject property 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 pool complies with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures, and equestrian uses. The project will not require
grading nor exceed the disturbed area of the lot.
B. The project substantially preserves the natural and undeveloped state of
the lot. The proposed pool will be constructed on an existing building pad. The project
is of sufficient distance from nearby residences so that the swimming pool 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. In addition, a letter was received from the immediately adjacent
property owner, stating that he has no objections to the construction or location of the
pool.
C. The proposed development, as conditioned, is harmonious in scale and
mass with the site. The proposed project is consistent with the scale of the
neighborhood when compared to properties in the vicinity. An 450 square foot stable
was approved and will be built in keeping with City's goals of preserving equestrian
uses.
D. The development plan incorporates the vegetation that was required for
the grading of the pad for the residence, and with additional screening requirements
described in this resolution will have no visual effect on adjacent properties. The project
will not cause the lot to look overdeveloped. Significant portions of the lot will be left
undeveloped so as to maintain open space.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the proposed
project will not change the existing circulation pattern and will utilize an existing
driveway.
F. The project is exempt from the requirements of the California
Environmental Quality Act.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance and Site Plan Review in Zoning Case No. 753 to encroach
up to 11 feet into the side yard setback with a swimming pool, subject to the following
conditions:
A. The Variance and Site Plan approvals shall expire within two years from
the effective date of approval as defined in Section 17.38.070 and 17.46.070 unless
otherwise extended pursuant to the requirements of these sections.
B. It is declared and made a condition of the Variance and Site Plan that if
any conditions thereof are violated, this approval shall be suspended and the privileges
Reso. 2008-10
1 Sagebrush Lane 3
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granted thereunder shall lapse; provided that the applicant has been given written
notice to cease such violation, the opportunity for a hearing has been provided, and if
requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in this permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated MAY 8, 2008, except as otherwise provided in these
conditions, and shall include a 590 square foot swimming pool including a spa.
E. The property on which the project is located shall contain an area of
minimum of 1,000 square feet to provide an area meeting all standards for a stable (450
square feet) and corral (550 square feet) with access thereto.
F. Structural lot coverage shall not exceed 9,630 square feet or 13.1% in
conformance with lot coverage limitations.
G. Total lot coverage of structures and paved areas shall not exceed 22,426
square feet or 30.6% in conformance with total lot coverage limitations.
H. The disturbed area of the lot shall not exceed 29,334 square feet or 40.0% in
conformance with disturbed area limitations.
I. Residential building pad coverage on the 28,356 square foot residential
building pad shall not exceed 9,180 square feet or 32.4.0%.
J. There shall be no grading of the site.
K. Landscaping in connection with this project, 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.
L. The pool area shall be landscaped and screened from all sides with plants
that could be easily maintained and laced and not grow into a hedge, and shall be
incorporated into the overall landscaping plan for the graded areas previously
approved for the residence.
M. Prior to the issuance of any building permit for the swimming pool, two
copies of a landscape plan shall be submitted for review by the Planning Department.
Native trees and other native plants shall be utilized, and which are consistent with the
rural character of the community. If trees are to be used in the landscaping scheme for
this project, they shall be mature when planted and which at full maturity shall not
Reso. 2008-10
1 Sagebrush Lane 4
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exceed the height of the residence. Trees and shrubs shall be planted so as not to impair
views of neighboring properties but to screen the pool on the site.
N. 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.
O. During construction, conformance with local ordinances and engineering
practices so that people or property are not exposed to landslides, mudflows, erosion,
or land subsidence shall be required.
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, objectionable odors, landslides, mudflows, erosion, or
land subsidence shall be required.
Q. 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.
R. If a construction fence is erected during construction, it shall not be
located in any easement or cross over trails.
S. Drainage design shall be approved by the County of Los Angeles Building
and Safety and shall be designed in such a manner as to drain in an approved manner.
T. Prior to issuance of a building permit for the pool, the applicant shall
submit to the Planning Department verification and approval from the LA County
Building and Safety Department of the soils and geology for placement of the pool.
U. 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.
V. 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) related to solid waste.
W. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of a
building permit.
Reso. 2008-10
1 Sagebrush Lane 5
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X. The working drawings submitted to the County Department of Building
and Safety for plan check review shall conform to the development plan described in
Condition D.
Y. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute
additional structural development or grading, shall require the filing of a new
application for approval by the Planning Commission.
Z. The applicant shall execute an Affidavit of Acceptance of all conditions of
this Variance approval, pursuant to Section 17.38.060, or the approval shall not be
effective.
AA. All conditions of this Variance and Site Plan Review approval, that apply,
must be complied with prior to the issuance of a building permit from the County of
Los Angeles.
AB. 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.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JUNE 2008.
ROdER SOMMER, CHAIRMAN
ATTEST:
MAR YN KtRN, DEPUTY CITY CLERK
Reso. 2008-10
1 Sagebrush Lane 6
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2008-10 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A SITE PLAN REVIEW . AND A
VARIANCE APPROVAL FOR CONSTRUCTION OF A SWIMMING
POOL, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE
YARD SETBACK, ON A PROPERTY THAT REQUIRES PLANNING
COMMISSION REVIEW DUE TO EXISTING STRUCTURAL
DEVELOPMENT RESTRICTION AT 1 SAGEBRUSH LANE, (LOT 100-A-
2-RH) IN ZONING CASE NO. 753, (FAN).
was approved and adopted at a regular meeting of the Planning Commission on June
17, 2008 by the following roll call vote:
AYES: Commissioners Smith,Witte and Chairman Sommer.
NOES: None.
ABSENT: Commissioner DeRoy.
ABSTAIN: Vice Chairman Henke.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
_
DEPUTY CITY CLERK
Reso. 2008-10
1 Sagebrush Lane 7