611, Addition to existing SFR withi, Resolutions & Approval Conditionsnam
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RECORDING REQUESTED BY AND MAIL
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
s
00 091029
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.611
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) the undersigned state:
am (We are) the owner(s) of the real property described as follows:
9 WAGON LANE (LOT 110-6-RH), ROLLING HILLS, CA.
This property is the subject of the above numbered case.
am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO.611 SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
(We) rtify (or eclare) under the penalty of perjury that the foregoing is true and correct.
snttrivaA4 ift_Oiv,
Name a frr cSco printed
7 2) VGde _ (GLS D-C,(GCC(.S
Ad1Z otoVLf7 I` `_04 C1
City/State
Signatures must be acknowledged by a notary public.
Signnturet n_ ^ n AA
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T Recorder's Use Only
N� a ty d r tinted '
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City/State
State of California )
County of Los Angeles )
On MOJA �ji� `1()O9 before me, V hP,O ,r1 irk) ) , v Ott 'UV\,11
personally ��kd
appeared
rsona a (or proved to me on the basis of satisfactory evidence) to be the persor3s whose
ubscribed to the within instrument and acknowledged to me that- te/sh /the executed the same
uthorized capacit le) and t at by-his/he /their signature soon the instrument the perso (s , or
on behalf of which the person s)acted, execu ed the instrument.
Witness by hand and official seal.
JULIE D. CU T la
Ccrnmi;icn i` 1181" 3O
Not, -Ty Puh'ic - CcTFcmia
1'yCOT.: n. r ^^,
SEE -EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
I 131-k-it.
Signature of Notary
• 116x R-16./ r 'A
3
RESOLUTION NO. 2000;11
00 0910295
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE EXPANSION
OF A GARAGE AT AN EXISTING SINGLE FAMILY RESIDENCE
LOCATED AT 9 WAGON LANE IN ZONING CASE NO. 611.
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. and Mrs. Edward Myers with
respect to real property located at 9 Wagon Lane (Lot 110-6-RH), Rolling Hills,
requesting a Variance to encroach into the front yard setback to permit the
expansion of a garage at an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on March 21, 2000 and April 18, 2000, and at a
field trip visit on April 15, 2000. 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 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 hearing.
Section 3. The Planning Commission finds that the project qualifies as a
Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. 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 17.16.110 requires a front yard of fifty feet (50') from the front easement line.
The applicant is requesting to add 180 square feet for the expansion of a garage at the
northwest which will encroach a maximum of thirty feet (30') into the fifty foot (50')
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 that do not apply generally to the other property or class of
use in the same zone because the residence is located close to the street and adjacent
residences. The existing development pattern on the lot and the sloping rear portion
precludes continued expansion of the residence on the lot.
RESOLUTION NO. 2000-11
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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 is necessary because
the development and use of the subject property in a similar manner consistent
with the shape of the lot and development of other property on this street justifies
this additional small incursion into the front yard setback. There will not be any
greater incursion into the front yard setback than already exists.
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 on the pad will allow a
substantial portion of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 611 to permit the proposed
project to encroach a maximum of thirty feet (30') into the fifty foot (50') front yard
setback, subject to the following conditions:
A. The Variance approval shall expire within one year from the effective
date of approval as defined in Section 17.38.070(A) unless otherwise extended
pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance approval, that if any
conditions thereof are violated, this approval shall be suspended and the privileges
granted thereunder 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 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 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 marked Exhibit A and dated March 10, 2000, 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 in conformance with site plan review limitations.
F. There shall be no grading for the project.
RESOLUTION NO. 2000-11
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G. Landscaping shall be designed using native plants or other drought -
tolerant mature trees and shrubs so as not to exceed the ridge height of the residence
nor obstruct views from neighboring properties.
H. Landscaping shall include water efficient irrigation, to the maximum
extent feasible, that incorporates a 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.
I. 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.
J. 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.
K. 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.
L. During and after construction, all soil preparation, drainage, and
landscape sprinklers shall protect the building pad from erosion and direct surface
water to the rear of the lot at the southeast.
M. During construction, an approved Erosion Control Plan containing the
elements set forth in Section 7010 of the 1996 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control stormwater pollution as required by the County of Los Angeles.
N. 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.
O. 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.
P. The drainage plan system shall be modified and approved by the
Planning Department and City Engineer, to include any water from any site
RESOLUTION NO. 2000-11
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irrigation systems and that all drainage from the site shall be conveyed in an
approved manner to the rear or southeast of the lot.
Q. The property owners shall be required to conform with the Regional
Water Quality Control Board and County Health Department requirements for the
installation and maintenance of stormwater drainage facilities.
R. 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.
S. A detailed drainage plan that conforms to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
Planning Department staff for their review.
T. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any drainage, building or grading permit:
U. 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.
V. Prior to the submittal of an applicable final building plan to the County
of Los Angeles for plan check, a detailed 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 Planning Department
staff for their review.
W. The applicants 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.
X. All conditions of this Variance 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 THIS 16TH DAY
ALLAZOBERTS, CHAIRMAN
ATTEST:
MARIrLYN K INN, DEPUTY CITY CLERK
RESOLUTION NO. 2000-11
PAGE 4 OF 5
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
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I certify that the foregoing Resolution No. 2000-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE EXPANSION
OF A GARAGE AT AN EXISTING SINGLE FAMILY RESIDENCE
LOCATED AT 9 WAGON LANE IN ZONING CASE NO. 611.
was approved and adopted at a regular meeting of the Planning Commission on
May 16, 2000 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Witte and
Chairman Roberts.
NOES: None.
ABSENT: Commissioner Sommer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 2000-11
PAGE 5 OF 5
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17.54 APPEALS
17.54.010
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17.54.010 Time for Filing Appeals
A. All actions of the Planning Commission authorized by this
Title may be appealed to the City Council. All appeals shall
be filed in writing with the City Clerk.
B. All appeals must be filed on or before the 30th calendar day
after adoption of the Planning Commission's resolution on
the project or application. Application fees shall be paid as
required by Section 17.30.030 of this Title.
C. Within 30 days after the Planning Commission adopts a
resolution which approves or denies a development
application, the City Clerk shall place the resolution as a
report item on the City Council's agenda. The City Council
may, by an affirmative vote of three members, take
jurisdiction over the application. In the event the City
Council takes jurisdiction over the application, the Planning
Commission's decisionwill be stayed until the City Council
completes its proceedings in accordance with the provisions
of this Chapter.
17.54.020 Persons Authorized to File an Appeal
Any person, including the City Manager, may appeal a decision of
the Planning Commission to the City Council, in accordance with
the terms of this Chapter.
17.54.030 Form, Content, and Deficiencies in an Appeal Application
A. All appeals shall be filed in writing with the City Clerk on a
form or forms provided by the City Clerk. No appeal shall
be considered filed until the required appeal fee has been
received by the City Clerk.
B. The appeal application shall state, at a minimum, the name
and address of the appellant, the project and action being
appealed, and the reasons why the appellant believes that
the Planning Commission erred or abused its discretion, or
why the Planning Commission's decision is not support by
evidence in the record.
ROLLING HILLS ZONING
76 MAY u, 1993
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17.54.030
C.
If the appeal application is found to be deficient, the City
Clerk shall deliver or mail (by certified mail), to the
appellant a notice specifying the reasons why the appeal is
deficient. The appellant shall correct the deficiency with an
amendment to the appeal form within seven calendar days of
receiving the deficiency notice. Otherwise, the appeal
application will be deemed withdrawn, and the appeal fee
will be returned to the applicant.
17.54.040 Request for Information
Upon receipt of a written and complete appeal application and fee,
the City Clerk shall direct the Planning Commission Secretary to
transmit to the City Council the complete record of the entire
proceeding before the Planning. Commission.
17.54.050 Scheduling of Appeal Hearing
Upon receiving an appeal, the City Clerk shall set the appeal for a
hearing before the City Council to occur within 20 days of the filing
of the appeal. In the event that more than one appeal is filed for
the same project, the Clerk shall schedule all appeals to be heard.
at the same time.
17.54.060 Proceedings
A. Noticing
The hearing shall be noticed as required by Section 17.30.030 of
this Title. In addition, the following parties shall be noticed:
1. The applicant of the proposal being appealed;
2. The appellant; and
3. Any person who provided oral testimony or written
comments to the Planning Commission during or as part of
the public hearing on the project.
B. Hearing
The City Council shall conduct a public hearing pursuant to the
provisions of Chapter 17.34 of this Title. The Council shall
consider all information in the record, as well as additional
information presented at the appeal hearing, before taking action
on the appeal.
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ROLLING HILLS ZONING
MAY 24, 1993
C. Action
1754,060
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The Council may act to uphold, overturn, or otherwise modify the
Planning Commission's original action on the proposal, or the
Council may remand the application back to the Planning
Commission for further review and direction. The Council shall
make findings to support its decision.
D. Finality of Decision
The action of the City Council to approve, conditionally approve, or
deny an application shall be final and conclusive.,
E. Record of Proceedings
The decision of the. City Council shall be set forth in full in a
resolution or ordinance. A copy of the decision shall be sent tothe
applicant or the appellant.
17.54.070 Statute of Limitations
Any action challenging a final administrative order or decision by
the City made as a result of a proceeding in which by law . a hearing
is required to be given, evidence is required to be taken, and
discretion regarding a final and non -appealable determination of
facts is vested in the City of Rolling Hills, the City Council, or in, _.
any of its Commissions, officers, or employees, must be filed within
the time limits set forth in the California Code of Civil Procedure,
Section 1094.6
ROLLING HILLS ZONING
78 MAY 24, 1993