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523, Addition of a garage, Resolutions & Approval ConditionsC_. _ RECORDING REQUEST BY • • 95 449529 NAME c. WHEN RECORDED MAIL TO MYUA y GKb1 MAIUNO ./1 W W. / sT ST, ADDRESS Y"•1 CITY, STATE 1' /) J /'t • / ZIP CODE L�H 7 r RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 2:21 PM MAR 291995 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) • AcrzrrisAcg o M I FEE $13 ?.. I. 3 NCPF Code 19 $ R428 8/94 RECORDING REQUESTED BY AND MAIL TO: Recorder's Use CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 OPP 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). ACCEPTANCE FORM STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss ZONING CASE NO. .523 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) the undersigned state: I am (We are) the owner(s) of the real property follows: 1 Maverick Lane (Lot 31-SK) Rolling Hills This property is the subject of the above numbered cases. I am (We are) aware of, and accept, all the stated conditions said described as ZONING CASE NO. 523 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) certify (or declare) under foregoing is true and correct. Print Owne r_0 N.SGOe2 Oil RSA l�J Name Signature_Ray.4r ." Address /miv/Ai?wk LAt City/State 630U_Md /JL r ,�f;�- 40274{ in the penalty of perjury that the Print Owner /7 .49 /4-'2 /1/11 .SAW Name Signatures Address l l'7,4 r ede-E4 f City/State Signatures must be acknowledged by a notary public. State of County of On this the _day of the undersigned Notary Public, personally appeared personally known to me p proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) - within instrument, and acknowledged that • WITNESS my hand and official seal. Nc!arts Signature /2c/7, i7%%%C cam. cry 19__, before me, subscribed to the executed it. ee:eae.r�ce.re-" See Exhibit "A" attached hereto and made a part hereof CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On i9u44' \ (p i(q91- before me, Y$& PIW l i4LU, ¥\Mti personally appeared )1-44Y- Ktir it 1 L c'wi Moovvv tr9 ic1i — D TE ❑ personally known to me - OR - Eproved • MYRNA MARIEN a a COMM. #1039108 1 r• �1� NOTARY PUBLIC - CALIFORNIAKi u, , SOS ANGELES COUNTY • My Comm. Expires SEPT. 18.1998 ■ NAME. AND TITLE OF NOTARY - E.6.. *JANE DOE, NOTARY PUBLIC NAMEIS) OF SIONER(S' to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to the within instru t and ac- knowledged to me that he/she ey xecuted the same in his/her/authorized capacity(ies), and that by his/her/i signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL The data below is not required by law, however it may prove valuable to the person relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT . 1� NUMBER OF PAGES . • % DATE OF D UMENT SIGNER(S) OTHER THAN NAMED ABOVE CTJ911010/94IIJ 2.e( CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE(S) El PARTNER(S) a LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 1 d ON and certified copy of the record ri it bears the seal, imprinted in purple ink, of the Registrar-Recorder/County Cloth MAR 291995 REGSTRARIRECORDERCOUNTYCLERK LOS ANGEIES COUNTY, CALIFORNIA CeoV ti • • RESOLUTION NO. 96-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION, NO. 95-2 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A PORTION OF A GARAGE ADDITION, A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION, AND A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION IN ZONING CASE NO. 523. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Dr. and Mrs. Mansoor Mirsaidi with respect to real property located at 1 Maverick Lane (Lot 31-SK), Rolling Hills, requesting an extension to a previously approved Variance to encroach into the south side yard setback to construct a portion of a garage addition, a previously approved Variance to encroach into the south side yard setback to construct a room addition, and a previously approved Variance to encroach into the north side yard setback to construct a room addition. Section 2. The Commission considered this item at a meeting on February 20, 1996 at which time information was presented indicating that the extension of time is necessary in order to acquire a home improvement loan. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph B, Section 12 of Resolution No. 95-2, dated January 17, 1995, to read as follows: "A. The Variance approvals shall expire within two years of the approval of this Resolution." Section 4. Except as herein amended, the provisions of Resolution No. 95-2 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 20TH I AY OF ;: tfJ ARY, 1996. ALLAN ROBERTS, CHAIRMAN RESOLUTION NO. 96-4 PAGE 1 OF 2 ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Resolution No. 96-4 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO PLANNING COMMISSION RESOLUTION NO. 95-2 AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A PORTION OF A GARAGE ADDITION, A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION, AND A PREVIOUSLY APPROVED VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION IN ZONING CASE NO. 523. was approved and adopted at a regular meeting of the Planning Commission on February 20,1996 by the following roll call vote: AYES: Commissioners Hankins, Raine, Sommer, Witte and Chairman Roberts. NOES: None . ABSENT: None . ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices 6\ .1.2. ., ) DEPUTY CITY CLERK RESOLUTION NO. 96-4 PAGE 2 OF 2 2 RESOLUTION NO. 95-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A PORTION OF A GARAGE ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION, AND GRANTING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION IN ZONING CASE NO. 523. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. and Mrs. Mansoor Mirsaidi with respect to real property located at 1 Maverick Lane, Rolling Hills (Lot 31-SK) requesting a modification to existing Variances: (1) a request for a minor Variance to permit the construction of a portion of a garage addition that will encroach into the south side yard setback; (2) a request for a minor Variance to permit the construction of a room addition that will encroach into the south side yard setback; (3) a request for a minor Variance for a room addition that will encroach into the north side yard setback; and (4) a request for a Variance to widen and modify an existing driveway that will cover more than twenty percent of the area of the front yard at an existing single family residence. During the hearing process, the latter request for a Variance to widen and modify the existing driveway was withdrawn by the applicants. Section 2. In 1989, a Variance was granted to construct residentialroom additions 5 feet into the north side yard setback and a Variance was denied to encroach 30 feet into the front yard setback for 242 square feet of additional garage space. The Variance that was granted to construct residential room additions into the north side yard setback expired. Section 3. On June 21, 1994, Variances were granted (1) to encroach into the front yard setback to construct an additional attached single car garage space, (2) to encroach into the south side yard setback to construct the same attached single car garage space, and (3) to encroach into the north side yard setback to construct a room addition; and the applicants were permitted to modify the existing driveway and parking area at the existing single family residence. Section 4. The Planning Commission conducted a duly noticed public hearing to consider the application on November 22, 1994, December 20, 1994, and January 17, 1995, and at a field trip visit on December 10, 1994. Section 5. The Planning Commission finds that the project qualifies as a Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore RESOLUTION NO. 95-2 PAGE 1 • • categorically exempt from environmental review under the California Environmental Quality Act. Section 6. 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 17.16.120(B)(1) requires a side yard of 35 feet in the RAS-2 residential zone. The applicant is requesting to add 172 'square feet for an additional attached 242 square foot single car garage space which will encroach a maximum of three and a half (3-1/2) feet into the thirty-five (35) foot south side 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 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 long and narrow and the building pad 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. 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 by allowing incursion into the angular side yard 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 7 . Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 509 to permit the encroachment of 172 square feet of additional garage space into the south side yard setback with a maximum encroachment of three (3-1/2) feet into the thirty-five foot (35') south side yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 12 of this Resolution. Section 8. Section 17.16.120(B)(1) requires a side yard of 35 feet in the RAS-2 residential zone. The applicant is requesting to construct 493 square feet of residential additions that will encroach a maximum of three (3) feet into the thirty- five (35) foot south side yard setback. With respect to this request for a Variance, the Planning Commission finds as follows: RESOLUTION NO. 95-2 PAGE 2 • • 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 long and narrow and the building pad 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. 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 by allowing incursion into the angular side yard 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 9. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 509 to permit the encroachment of 493 square feet of residential additions that will encroach a maximum of three (3) feet into the thirty-five foot (35') south side yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 12 of this Resolution. Section 10. Section 17.16.120(B)(1) requires a side yard of 35 feet in the RAS-2 residential zone. The applicant is requesting to construct 352 square feet of room additions that will encroach a maximum of one (1) foot into the thirty-five (35) foot north side 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 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 long and narrow and the building pad 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. 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 by allowing incursion into the angular side yard the addition follows the existing side wall of the residence and there will not be any greater incursion into the side yard setback. RESOLUTION NO. 95-2 PAGE 3 • • 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 11. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 509 to permit the encroachment of 352 square feet of room additions into the north side yard setback with a maximum encroachment of one (1) foot into the thirty-five foot (35') side yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 12 of this Resolution. Section 12. The Variance to the south side yard setback approved in Section 7, the Variance to the south side yard setback approved in Section 9, and the Variance to the north side yard setback approved in Section 11 are subject to the following conditions: A. The Variances that were granted (1) to encroach into the front yard setback to construct an additional attached single car garage space, (2) to encroach into the south side yard setback to construct the same attached single car garage space, and (3) to encroach into the north side yard setback to construct a room addition; and the approval to modify the existing driveway and parking area at the existing single family residence which were approved in Resolution No. 94-13 on June 21, 1994 are hereby superseded by the approvals granted by this Resolution and shall be of no further force or effect. B. The Variance approvals shall expire within one year from the effective date of approval as defined in Section 17.38.070. C. It is declared and made a condition of the Variance approvals, that if any conditions thereof are violated, this approval 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. D. 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. E. The lot shall be developed and maintained in substantial conformance with the site plan on file dated January 5, 1995 and marked Exhibit A, except as otherwise provided in these conditions. RESOLUTION NO. 95-2 PAGE 4 • • F. The existing retaining wall and the reconfigured center portion of the retaining wall behind the residence shall not exceed five (5') feet in height measured from the downslope side of the wall to the surface of the ground. The retaining wall shall be constructed in accordance with the approved Site Plan, identified as Exhibit II A II G. The parking area at the southern side of the proposed garage and all astroturf shall be removed to the satisfaction of the Rolling Hills Community Association Architectural Review Committee. H. 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. I. 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 Planning Department staff for their review. Cut and fill slopes shall not exceed a steepness of a 2 to 1 slope ratio. J. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance approvals, or the approvals shall not be effective. K. All conditions of these Variance approvals 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 17TH DAY OF JANUARY, 1995. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN I ERN, DEPUTY CITY CLERK RESOLUTION NO. 95-2 PAGE 5 • • STATE OF, CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 95-2 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A PORTION OF A GARAGE ADDITION, GRANTING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION, AND GRANTING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION IN ZONING CASE NO. 523. was approved and adopted at a regular meeting of the Planning Commission on January 17, 1995 by the following roll call vote: AYES: Commissioners Frost, Hankins, Raine, Witte and Chairman Roberts. NOES: None . ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY C CLERK RESOLUTION NO. 95-2 PAGE 6