560, Construct a new SFR on existin, Resolutions & Approval ConditionsRECORDING REQUEST BY
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NAME
CITY, STATE
ZIP CODE
WHEN RECORDED MAIL TO
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97-1359567
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
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3:41 PM SEP 02 1F
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TITLE(S)
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OCT 2 2 1997
CITY OF ROLLING HILLS
By
R428 6/94
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
5 SAGEBRUSH LANE (LOT 100-A-3-RH)
4:X/1/3/T
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT O
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Print Print 1(D /
Owner Owner
Name / � Name
Signature Signature
Address c i /` h.'/7 AD
ri24/ e. 90 2.
Signatures must be acknowledged by a notary public.
City/State
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
Recorders Use
Please record this form with the Registrar -Recorder's Office and return to:
City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274
(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.559
) §§
SITE PLAN REVIEW
VARIANCE •
CONDITIONAL USE PERMIT O
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO.559
4
Address A () �G
City/State
Tl-/v
`-(u / cf> l/c(
1Aud,e„ CA
State of California )
County of Los Angeles )
On July 30, 1997 before me, Lee Minh Wand', a Notary Public
personally appeared *****James C. Hao and Lydia T. Hao*****
[ ] Personally known to me -OR- ki 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'rh&l*ofthey executed the same in
fii /l*M/their authorized capacity(ies) and that by lisRamitheir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
Witness by hand and official seal
Signature of Notary
LEE MINH WANG See[xhibit "A" attached hereto
Commission # 10Q8956 z and made a part hereof
Notary PLt c—Caatomla
Los Angeles County
My Comm Expires May 28.2t)OQ
97 1359567
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this statement is attached
reads as follows:
Name of Notary
Lee Minh Wang
Date Commission Expires
May 28, 2000
Notary Identification Number #1098956
(For Notaries commissioned after 1-1-1992)
Manufacturer/Vendor Identification Number NNA#759313
(For Notaries commissioned after 1-1-1992)
Place of Execution of this Declaration
Date
Aug. 11, 1997
18643 S. Pioneer Blvd. Artesia. Ca. 90701
Signature (F/n name if any)
Commtsston # 1098956 T
Notary Pub c—Co9fomta
Los Angolos County
My Comm Eoptros May 212= t
97 1359567
R747 1/92
r
RESOLUTION NO. 97-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO RECOGNIZE
THE PREVIOUS ILLEGAL EXPORTATION OF SOIL FROM A
BASEMENT AND POOL AREA AT A SINGLE FAMILY RESIDENTIAL
DEVELOPMENT IN ZONING CASE NO. 560.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed on April 29, 1997, by Mr. and Mrs.
James Hao with respect to real property located at 5 Sagebrush Lane, Rolling Hills
(Lot 100-A-3-RH) requesting a Variance to allow the previous illegal exportation of
soil in excess of a previous Administrative approval. The application was made
after County inspectors detected that a substantial amount of soil was exported to 7
Maverick Lane that exceeded the amount permitted by Administrative approval
and that grading had begun at the Maverick Lane site with soil that had been
substantially increased without City and County approvals.
Section 2. In 1988, grading and building permits were issued for the
construction of a residence by Dr. J.W. Greenhut on the subject property. The
grading was never completed and all excavated soil was dumped back into the
excavation. A soils engineer did not make compaction tests as the excavation was
refilled. On June 21, 1994, Del Amo Savings Bank was granted Site Plan Review
approval for investigation to determine underlying strata and to repair previously
aborted grading at the site by Resolution No. 94-14 in Zoning Case No. 514. On
January 17, 1995, the Planning Commission approved an application for Site Plan
Review to construct a new single family residence by Resolution No. 95-1 in Zoning
Case No. 522 that required no grading and did not include a basement or swimming
pool.
Section 3. An "as graded" plan was submitted by the applicant that showed
substantial amounts of soil exported. At the construction site, soil had been
removed for a basement, septic tank, and a swimming pool that were not accounted
for on approved plans.
Section 4. The Planning Commission conducted a duly noticed public
hearing to consider the application for a Variance on May 20, 1997 and June 17, 1997,
and at a field trip visit on June 14, 1997.
Section 5. The applicants were notified of the public hearing in writing by
first class mail and through the City's newsletter. Evidence was heard and
presented from all persons interested in affecting said proposal, from all persons
protesting the same, and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. Concerns
RESOLUTION NO. 97-19
PAGE 1
9'7 1359567
• •
expressed by Planning Commissioners, residents and the applicant focused on the
excessive exportation of soil that took place without City and County approvals, and
the increased grading that took place without City and County approvals.
Section 6. The Planning Commission finds that the project qualifies as a
Class 3 Exemption [State CEQA Guidelines, Section 15303 (a)] and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 7. 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.
Paragraph 3 of Subsection 7016.9 of Section 15.04.170 of Title 15 (Building and
Construction Code) permits the City Manager to grant an exception to the balanced
cut and fill ratio under certain conditions to allow for the exportation of soil not to
exceed 500 cubic yards. The applicant requests the allowance of a previous illegal
exportation soil that is in excess of the previous Administrative approval. Soil
quantities cut were 1,750 cubic yards and dirt quantities filled were 370 cubic yards.
Of these quantities, 1,410 cubic yards of soil were exported to the Maverick Lane
building site. 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 lot is
irregular and previously aborted grading had occurred on the lot and required repair
and reexcavation. In addition, the quantities of soil necessary to excavate to create
the basement, septic tank and swimming pool had not been properly anticipated.
Without the soil exportation, the height of the building pad would be increased.
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 excavations are complete, construction has begun and refilling the
excavations is not feasible without destruction of the residence. Additional exported
soil will not affect the .stability of the project site.
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 development of a
single family residence will allow a substantial portion of the lot to remain
undeveloped and the excavations do not change the profile of the development
when viewed from other properties.
RESOLUTION NO. 97-19
PAGE 2
97 / 359567
• •
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 553 to permit the previously
illegally exported 1,410 cubic yards of soil that is in excess of a previous
Administrative approval as indicated on the development plan submitted with this
application and incorporated herein by reference as Exhibit B, subject to the
conditions specified in Section 9 of this Resolution.
Section 9. The Variance to permit the previously illegally imported 1,410
cubic yards of soil that is in excess of a previous Administrative incorporated herein
as Exhibit A in Zoning Case No. 560, is subject to the following list of conditions.
These conditions include applicable conditions of approval previously imposed on
the Site Plan Review application by Resolution No. 95-1 on January 17, 1995 in
Zoning Case No. 522. To the extent these conditions duplicate prior conditions
imposed on this project, the conditions set forth herein shall be considered as
continuations of those prior requirements:
A. The Variance approval shall expire within one year from the effective
date of approval as defined in Section 17.38.070(A).
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, the Permit shall be
suspended and the privileges granted thereunder shall lapse; provided that the
applicant has been given written notice to cease such violation and has failed to do
so for a period of thirty (30) days.
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise approved by Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A, dated December 16, 1994 in Zoning Case
No. 522, and Exhibit B, dated May 5, 1997 in Zoning Case No. 560, except as otherwise
provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and corral
with vehicular access thereto.
F. Structural lot coverage shall not exceed 9,306 square feet or 10.48% and
total lot coverage of structures and paved areas shall not exceed 14,946 square feet or
16.84%, except for the construction of a future swimming pool.
G. No changes in grade shall be permitted, except as provided in
Condition H.
RESOLUTION NO. 97-19
PAGE 3
97 1359567
• •
H. Any excavation for building foundations shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
I. A landscape plan must be submitted for review by the Planning
Department and include native drought -resistant vegetation that will not disrupt
the impact of the views of neighboring properties prior to the issuance of any
building or grading permit. The landscaping plan submitted must comply with the
purpose and intent of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the maximum extent
feasible, plants that are native to the area and/or consistent with the rural character
of the community.
A bond in the amount of the cost estimate of the implementation of the landscaping
plan plus 15% shall be required to be posted prior to issuance of a grading and
building permit and shall be retained with the City for not less than two years after
landscape installation. The retained bond will be released by the City Manager after
the City Manager determines that the landscaping was installed pursuant to the
landscaping plan as approved, and that such landscaping is properly established and
in good condition.
J. Neighbors shall be approached to address Traffic Commission
recommendations to: (1) trim foliage on the north side of Sagebrush Lane, as it
meets Upper Blackwater Canyon Road for a distance of 10 feet inward from the
roadway to a distance of 7 feet from the ground to accommodate sight distance and
(2) remove volunteer tree that is approximately 40 feet south of the driveway
entrance as it meets Upper Blackwater Canyon Road.
K. All retaining walls incorporated into the project shall not be greater
than five feet in height at any point.
L. Building permits shall be obtained for each structure, including the
proposed swimming pool and any retaining walls.
M. New grading plans shall be submitted to the County Department of
Building and Safety for grading plan check review and must conform to the
development plans approved with this application.
N. Total grading for this project, including all other approvals for this
property, shall not exceed 1,750 cubic yards of cut soil and 370 cubic yards of fill soil.
No further soil shall be exported or imported at the property.
O. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
RESOLUTION NO. 97-19
PAGE 4
97 1359567
• •
Planning Department staff for their review. Cut and fill slopes must conform to the
City of Rolling Hills standard of 2 to 1 slope ratio.
P. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
Q. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
described in Condition A.
R. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Site Plan Review or the approval shall not be effective.
S. This approval shall not be effective unless and until the City's
Geologist, Mr. Arthur Keene, determines the site to be geologically stable and
adequate in its current condition for erection of structures thereon. A new
application for approval by the Planning Commission shall be required in the event
the City's geologist determines that the site is not geologically stable, or that
structures cannot be erected on the site in its present condition, or that the report is
not compatible with this Resolution.
T. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional structural
development, except for the construction of a future swimming pool that would not
require a Variance, shall require the filing of a new application for approval by the
Planning Commission.
U. All conditions of this Conditional Use Permit approval must be
complied with prior to the issuance of a building or grading permit from the County
of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 15TH D Y, 1997.
ATTEST:
. k _ ► h,,,)
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 97-19
PAGE 5
ALLAN ROBERTS, CHAIRMAN
97 1359567
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 97-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO RECOGNIZE
THE PREVIOUS ILLEGAL EXPORTATION OF SOIL FROM A
BASEMENT AND POOL AREA AT A SINGLE FAMILY RESIDENTIAL
DEVELOPMENT IN ZONING CASE NO. 560.
was approved and adopted at a regular meeting of the Planning Commission on
July 15, 1997 by the following roll call vote:
AYES: Commissioners Hankins, Margeta and Chairman Roberts.
NOES:
Commissioner Sommer.
ABSENT: Commissioner Witte.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
rYNAMARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 97-19
PAGE 6
97 1359567