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704, Addition to SFR with encroachm, Resolutions & Approval Conditions• • RECORDING REQUEST BY WHEN RECORDED MAIL TO NAME C 17y of:" A20 MAILING 2 ! llcz1J65 /3EN/ ,�. ADRESS CITY,STATE ROLL/^<a-. >/-' I-�/GG S ZIP CODE 9 © 2. 7 4. TITLE(S) 0'6 1596134 SPACFABOVEZH2S LINE RESERVED FOR RECORDER'S USE /��/=//-7AV/i c'/= AGGn)c& 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 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. 704 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 7 PACKSADDLE ROAD EAST, ROLLING HILLS, (LOT 27-SF) 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. 704 SITE PLAN REVIEW VARIANCE X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. ,/27 Signs ure �/UL._ ram, sTJ /9UoS Name typed or printed Address 7 Ecr /J p� City/State )qC it -i- � Signatures must be acknowledged by a n ary public. State of California County of Los Angeles ) Signature Name typed or printed Address City/State On 7--H'--40 before me, //adeL7e,A I-. /f%5%/1 ! %l� /141is�"en personally appeared �/l v� /� /.Q4e}/3 06 1596134 3 /7/13 L is T Recorders Use Only 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 t DOUGLAS K. MC HATTE Commission # 1560273 Notary Pubic - California Los Angeles Cow* My Comm. ExpkesFeb 24 Witness by hand official seal. ls eeeer Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • • RESOLUTION NO. 2005-20 06 1596134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO ENCROACH WITH AN ADDITION INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 704, AT 7 PACKSADDLE ROAD EAST (LOT 27-SF), (STRAUB). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Dr. and Mrs. Paul Straub with respect to real property located at 7 Packsaddle Road East, Rolling Hills (Lot 27- SF) requesting a Variance to encroach with a 916 square foot residence and garage addition into the front setback at an existing single family residence. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on May 17, 2005, June 14, 2005, and at a field trip visit on June 14, 2005. 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. The Planning Commission reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Section 3. A portion of the residence encroaches 3 feet into the front setback and the garage encroaches 27 feet. The proposed garage addition would follow the existing line of encroachment of the garage and the proposed addition would encroach 19 feet into the front setback. Section 4. A 159 square foot cabana exists on the lot, which was constructed many years ago without the benefit of a building permit. The property owners shall arrange for an inspection of this structure and obtain an "as built" building permit. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (State of CA Guidelines), and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.16.120 requires the front setback for every residential parcel in the RA-S-1 Zone to be fifty (50) feet from the roadway easement line. The applicants are requesting to construct a 916 square foot addition, which will continue the encroachment into the front setback. With respect to this request fora 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. The property has been developed in Reso. No. 2005-20 • • 06 1596134/ this manner in 1952. The lot was graded at that time to create a pad for construction of living area. The topography of the lot together with the fact that the existing residence is located in the front setback creates a difficulty in constructing the addition elsewhere on the property. 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 existing residence is 2,598 square feet with a two -car garage. The Variance is necessary because the existing terrain and development on the lot creates a difficulty in placing the addition elsewhere on the property. With the addition of a 916 square feet, the residence would still be smaller than the average homes in the vicinity. 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 proposed addition will be constructed on an existing building pad, will be the least intrusive to surrounding properties, will be screened and landscaped with mature trees and shrubs, is of sufficient distance from nearby residences and directly across a driveway belonging to the property across the way, 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. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into the existing or potentially future equestrian uses on the property. A suitable area for a future stable and corral will be set aside. 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. Section 7. Based upon the foregoing findings and the evidence in the record, the Planning Commission hereby approves the Variance for Zoning Case No. 704 to permit a 916 square foot addition to encroach into the front setback, subject to the following conditions: A. The Variance approvals shall expire within two years from the effective date of approval as defined in Section 17.38.070(A) of the Zoning Ordinance unless otherwise extended pursuant to the requirements of that section. B. If any conditions of approval are violated, this approval shall be suspended and the privileges granted hereunder 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, Reso. No. 2005-20 2 • • 06 1596134 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 Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with, unless otherwise set forth in this approval. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated May, 6 2005 except as otherwise provided in these conditions. E. Structural lot coverage shall not exceed 5,314 square feet or 7.0% in conformance with structural lot coverage limitations. F. Total lot coverage of structures and paved areas shall not exceed 9,033 square feet or 12.0% in conformance with total lot coverage limitations. G. The disturbed area of the lot shall not exceed 13,583 square feet or 18.0% in conformance with disturbed area limitations, as approved by this Variance. H. Residential building pad coverage on the 6.746 square foot existing residential building pad shall not exceed 5,074 square feet or 75.2%. I. There shall be no grading for this project. J. Prior to conducting a final inspection of the addition, an inspection of the existing cabana shall be conducted by the Los Angeles County Building and Safety Department. The applicant shall request such an inspection and pay all applicable fees and obtain a building permit. If any deficiencies are found, they shall be corrected prior to securing a final inspection from the Building and Safety Department for the addition. K. In the event that the approvals contained in this Resolution expire and the addition is not built, the City will immediately initiate code enforcement action to assure that the cabana is inspected and has a building permit. L. The existing driveway approach may be relocated to the east and may be located directly opposite the driveway at 6 Packsaddle Road East, subject to the conditions specified by the Traffic Commission: 1. The pilaster adjacent to the existing driveway shall be removed for visibility purposes 2. That no foliage shall be planted on either side of the new driveway apron to assist with vehicular visibility. M. The existing driveway apron shall be closed off and a curb matching the curb in the street shall be constructed. The remainder of the existing driveway and parking areas shall be landscaped in substantial conformance with the site plan on file marked Exhibit A and dated May, 6 2005, except as specified by the Traffic Commission. If trees are to be used in the Reso. No. 2005-20 3 06 1596134 landscaping scheme for this project, they shall at full maturity not exceed the ridge height of the residence. N. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope fact6rs 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. O. 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. P. During construction, conformance with local ordinances and engineering practices so that people or property is not exposed to landslides, mudflows, erosion, or land subsidence shall be required. Q. During construction, conformance with the air quality management district requirements, storm water 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. R. During and after construction, all parking shall take place on the project site. S. 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. T. The property owners shall be required to conform to the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of storm water drainage facilities. U. The property owners shall be required to conform to the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste and storm water pollution prevention. V. Prior to granting a final inspection and/or certificate of occupancy, all utility lines to the residence shall be placed underground. W. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. 1 Reso. No. 2005-20 4 • 06 1596134 X. If an above ground drainage system is utilized, it shall be designed c( in such a manner as not to cross over any equestrian trails. The drainage system(s) shall not discharge water onto the trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors' views, to the maximum extent practicable, without impairing the function of the drainage system. Y. The property on which the project is located shall contain an area to provide an area meeting all standards for a stable, corral with access thereto. Z. The City's requirements related to outdoor lighting, roofing material and construction and all other requirements shall be complied with. AA. Prior to issuance of a building permit, the project shall be reviewed and approved by the Rolling Hills Community Association. AB. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification 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. AC. The applicants shall execute an Affidavit of Acceptance of all conditions of the Variance approvals, pursuant to Sections 17.38.060 or the approval shall not be effective. AD. All conditions, when applicable, of the Variance approvals must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 2005. AI IEST: MARILYN KERN, DEPUTY CITY CLERK p ROGERSOMMER, CHAIRMAN Reso. No. 2005-20 5 • STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-20 entitled: 06 3596134. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO ENCROACH WITH AN ADDITION INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 704, AT 7 PACKSADDLE ROAD EAST (LOT 27-SF), (STRAUB). was approved and adopted at a regular meeting of the Planning Commission on July 19, 2005 by the following roll call vote: AYES: Commissioners DeRoy, Hankins, Witte and Chairman Sommer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. No. 2005-20 6