456, Encroachment of a structure in, Resolutions & Approval ConditionsState of
County of
92
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
Please record this form
return to: City of Roll
Rolling Hill
(The Registrar -Recorder
notarized before recorda
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ZONING CASE NO.
CORDED 111 OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
1 I�1N 2 PAI MAR `9 1992
PAST.
Recorder's Use
with the Registrar -Recorder's Office and
ing Hills, 2 Portuguese Bend Road
s, CA 90274
's Office requires that the form be
tion).
ACCEPTANCE FORM
) ss
#66 SITE PLAN REVIEW
VARIANCE ?C
CONDITIONAL USE PERMIT X':
I (We) the undersigned state:
I am (We
follows:
' 4r
1FEE$ P
are) the owner(s) of the real property described as
92 e&e t j&ad EQst (-L ( /2/—z5-/-7)
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions
said
ZONING CASE NO.
456
SITE PLAN REVIEW
VARIANCE K _
CONDITIONAL USE PERMIT X-
I (We) certify (or declare) under
foregoing is true and correct.
Print
Owner oLLt L t.,34-1 ty
Name
Signature zL)t�8iz
Address
City/State
Signatures
kid hike- L-0, L(s ea-
a
must be acknowledged by a notary public.
yn
the penalty of perjury that the
Printe
Owner Oct 0f,
Name ! !�
Signature -- ,i
Address qL °MI' QL
City/State(Pm1/t (Us OatC
OFFICIAL SEAL ;
JANET M. PADIIIA ,
NOTARY PUBLIC -CALIFORNIA S
ORANGE COUNTY
My Comm. Expires Feb.12,1994
SS.
On this the Y dayyyoff
the undorsicitieci Notary Public, personally appeared
19 9ro ;-before me,
X personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) �- -v subscribed to the
within instrument, and acknowledged that axecuted it.
WITNESS my hand and official seal.
Not
See Exhibit "A" attached
hereto and made a part hereof
egywai r :4 •
RESOLUTION NO. 91-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT OF A
STRUCTURE INTO THE SIDE YARD SETBACK, GRANTING A VARIANCE FOR
THE ENCROACHMENT OF A STRUCTURE INTO THE REAR YARD SETBACK,
GRANTING A VARIANCE TO PERMIT CONTINUED VEHICULAR ACCESS TO A
MIXED USE STRUCTURE WITHIN TWENTY-FIVE FEET OF THE SIDE LOT
LINE, AND GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION
OF AN EXISTING MIXED USE STRUCTURE CONSISTING OF A GARAGE AND
RECREATION ROOM IN ZONING CASE NO. 456.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. John
Walter with respect to real property located at 92 Crest Road East,
Rolling Hills (Lot 121-EF) requesting Variances into the allowable
side and rear yard setbacks for the addition of a single car garage
space to an existing mixed use structure, requesting a Variance to
permit existing vehicular access to an existing mixed use structure
within twenty-five feet of the side lot line, and a Conditional Use
Permit to permit the expansion of an existing mixed use structure
detached from the main building for a garage and recreation room.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the applications for the Variances into
allowable setbacks and a Conditional Use Permit on June 25, 1991,
July 16, 1991, August 20, 1991, September 17, 1991, and October 22,
1991 and at a field trip visit on July 13, 1991.
Section 3. The Planning Commission finds the project is
categorically exempt under the California Environmental Quality
Act.
Section 4. Sections 17.32.010 through 17.32.030 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. A Variance to Section 17.16.070.B is required to
permit the encroachment of a structure up to ten (10) feet into the
twenty (20) foot side yard setback. The Planning Commission finds:
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the existing use that
do not apply generally to the other property in the same vicinity
and zone. The existing garage which is proposed to be expanded was
built nearly twenty years ago up to the side yard setback line and
the proposed location of the garage addition has been used for
several years as an uncovered parking space.
92- 389221
RESOLUTION NO. 91-26
PAGE 2
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 the
subject property. The Variance is necessary because the existing
development pattern on the lot precludes the requested addition
from being built into .any other area to provide a minimum two car
garage.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. The addition to the garage will not be located close to
existing structures on adjoining properties, will not affect the
view or privacy of surrounding homeowners, and will be screened
with landscaping.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to. encroach to a maximum of
10 feet into the side yard setback to construct a single car garage
addition as indicated on the Development Plan attached hereto as
Exhibit A subject to the conditions contained in Section 12.
Section 6. A Variance to Section 17.16.080 is required to
permit the encroachment of a structure up to forty-one (41) feet
into the fifty (50) foot rear yard setback. The Planning
Commission finds:
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the existing use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing garage
was built within the rear yard setback in 1971 and encroaches up to
43 feet. The construction of the addition to the garage will not
encroach any further than 41 feet into the rear yard setback.
Thus, there will not be any further incursion into the setback than
already exists.
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 the
subject property. The Variance is necessary because the existing
development pattern on the lot precludes the requested addition
from being built into any other area in order to provide a minimum
two car garage.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. The addition to the garage will not be located close to
92- 389221
RESOLUTION NO. 91-26
PAGE 3
existing structures on adjoining properties, will not affect the
view or privacy of surrounding homeowners, and will be screened
with landscaping.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the rear
yard setback to construct a single car garage addition to a maximum
of 41 feet as indicated on the Development Plan attached hereto as
Exhibit A subject to the conditions contained in Section 12.
Section 8. A Variance to Section 17.16.012.K is required to
permit vehicular access to a mixed use structure within an easement
or within twenty-five feet of the side or rear lot line. The
requested Variance would permit an encroachment up to 11 feet from
the side lot line. The Planning Commission finds:
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the existing use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing garage
was built in 1971 and the accessway or driveway is ten (10) feet
from the side property line and has been there for 20 years. The
proposed project will not change the location of this existing
driveway.
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 the
subject property. The Variance is necessary because the existing
development pattern on the lot precludes the requested addition
from being built into any other area to provide a minimum two car
garage.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. The existing driveway will not be located close to
existing structures on adjoining properties, will not affect the
view or privacy of surrounding homeowners, and will be screened
with landscaping.
Section 9. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to permit vehicular access
to encroach up to 11 feet from the side lot line as indicated on
the Development Plan attached hereto as Exhibit A subject to the
conditions contained in Section 12.
92- 389221
RESOLUTION NO. 91-26
PAGE 4
Section 10. The applicant has submitted plans for the use of
an existing structure as a garage and recreation room as shown in
Exhibit A. Section 17.16.012.K. of the Municipal Code provides for
the discretion of the Planning Commission to grant a Conditional
Use Permit for a mixed use structure provided that the structure
and its use complies with certain specified conditions.
Section 11. The Planning Commission makes the following
findings:
A. The granting of a Conditional Use Permit for a mixed use
structure (garage with attached recreation room) would be
consistent with the purposes and objectives of the Zoning Ordinance
and General Plan and will be desirable for the public convenience
and welfare because a large portion, 645 square feet, of the
proposed 841 square foot mixed use structure, is preexisting. The
addition of 196 square feet does not involve a large expansion of
overall area for the uses. These two mixed uses will consist of a
482 square foot garage and a 359 square foot recreation room.
B. The granting of a Conditional Use Permit •would be
consistent with the purposes and objectives of the Zoning Ordinance
and General Plan, because the mixed use garage and recreation room
will be consistent with other similar existing uses in the City,
will not substantially increase the size of the existing garage
structure, and will be screened from the view of adjacent
properties to comply with the low profile residential development
pattern of the community and is located on a parcel of property
that is adequate in size, shape and topography.
Section 12. Based,upon the foregoing findings, the Planning
Commission hereby approves a Conditional Use Permit for a mixed use
structure (garage with attached recreation room) in Zoning Case No.
456.
Section 13. The Variance to permit the encroachment of a
structure into the side yard setback, the Variance to permit the
encroachment into the rear yard setback, the Variance to permit
vehicular access to a garage or mixed use structure within an
easement or within twenty-five feet of the side or rear lot line,
and the Conditional Use Permit for a mixed use structure (garage
with attached recreation room) as indicated on the Development Plan
attached hereto and incorporated herein as Exhibit A as approved in
Sections 4, 6, 8 and 11 are subject to the following conditions:
A. The Variances and Conditional Use Permit shall expire
unless used within one year from the effective date of approval as
defined in Section 17.32.110 of the Municipal Code.
92- 389221
RESOLUTION NO. 91-26
PAGE 5
B. It is declared and made a condition of the Variance and
Conditional Use Permit approval, 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 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 except as
otherwise provided in these conditions.
E. A building permit or permits shall be obtained to
reflect the proposed modifications and addition to the mixed use
structure (garage with attached recreation room).
F. The garage portion of the mixed use structure shall be
separated from the recreation room by an interior common wall as
required by the Building Department for attached townhouse
construction. There shall be no access from the interior of the
portion used for a garage to the interior of the portion used for
a recreation room.
G. There shall be no sleeping quarters, temporary.
occupancy, or kitchen/cooking facilities or equipment in any
portion of the detached garage or mixed use structure.
H. The recreation room shall not be rented or leased to any
person or entity.
I. Should the garage and recreation room that are specified
on the plan be converted to another use or if the proportions of
the approved uses are changed, without required approvals pursuant
to the zoning ordinance, the permit granting the mixed use
structure shall automatically lapse, and, the structure shall be
removed at the cost of the property owner.
J. Landscaping, consisting of mature trees and native
vegetation, must be provided on the west side of the structure to
minimize the appearance of the structure from the easement line.
K. 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.
92- 389221
RESOLUTION NO. 91-26
PAGE 6
L. The working drawings submitted to the County Department
of Building and Safety for plan check review must conform to the
development plan approved with this application.
M. The structural lot coverage shall not exceed 5,091
square feet or 12.9% and a total lot coverage of 11,099 square feet
or 28%..
N. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance and Conditional Use Permit,
pursuant to Section 17.32.087, or the approval shall not be
effective.
0. Conditions F, K, L, M, and N of this Variance and
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 TH DAY OF NOVEMBER, 1991.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
r- ) Qr
DIANE SAWY , DEPUTY CITY CLERK
The foregoing Resolution No. 91-26 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT OF A
STRUCTURE INTO THE SIDE YARD SETBACK, GRANTING A VARIANCE FOR
THE ENCROACHMENT OF A STRUCTURE INTO THE REAR YARD SETBACK,
GRANTING A VARIANCE TO PERMIT CONTINUED VEHICULAR ACCESS TO A
MIXED USE STRUCTURE WITHIN TWENTY-FIVE FEET OF THE SIDE LOT
LINE, AND GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION
OF AN EXISTING MIXED USE STRUCTURE CONSISTING OF A GARAGE AND
RECREATION ROOM IN ZONING CASE NO. 456.
92- 389221
RESOLUTION NO. 91-26
PAGE 7
was approved and adopted"at: a regular adjourned meeting of the
Planning Commission on November 2, 1991 by the following roll call
vote:
AYES: Commissioner Frost, Hankins, Paine and Chairman Roberts
NOES: None
ABSENT: Commissioner Lay
ABSTAIN: None
. (,),[11 0,„u„„j_
DEPUTY CITY CLERK
92- 389221
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APR 1 7 1992
CITY OE ROLLING HILL
BY
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