376, Construction of a new driveway, Resolutions & Approval ConditionsFor Recorder's Use
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RECORDIN: REQUESTED BY AND
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS; CA 90274
MAIL
Please.record this form with
return to:
IkECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY,
CALIFORNI4 wr,:
31 MIN. PAST. 2 P. fib. MAR 15 1989
9 404711.
FEE $7 G
i 2
the -Registrar-Recorder's Office and
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office
before recordation.)
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ).
requires that the form be notarized
Acceptance Form
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CONDITIONAL USE PERMIT CASE NO:.
VARIANCE CASE NO.
-I _(We) the undersigned state:
I am'(We are) the owner(s). of the real property described as follows:
.
%'c/Z //;/6 (2 cl
-,This property is the subject of the above numbered
I am (We are) aware of, and accept, all the stated
Conditional Use Permit Case No.* 1114
Variance .Case No. r7f
1
cases.
conditions in said
I (We) certify (or declare) under the penalty. of 'perjury that.the
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foregoing is true'and correct:~
(Where the
owner and applicant. are not the same, both must sign.)
Applicant Name
Address
City, State
Signature
Owner Name
Address
City, State
Signature
This signature must
be acknowledged by a
notary public. Attach
appropriate acknowledgement.
Type or print'
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NO. 201
BETTY VOLKERT
•NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comm. expires APR 3, 1992
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t7�P�PLY`SM f��PlY�n�s v� �� . aYuOY=i�1 Y
.-rezeele.e.e.e.eee--e-Z•ed""
i State of
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County
TSS.
I OFFICIAL SEAL
7110 122
On this the J T/day of
Try A.10/ i P
the undersigned Notary Public, personally appeared
14 A gy 4 vp A
Iy' personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) Whose narrie(s)',, ` § _ J-d i) subscribed to the
within instrument, and acknowledged that �.%) �? �_ executed it.
WITNESS my hand and officiapea�:=
, before me,
Notary's
NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7104
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This is a true and certified copy of the record
If it bears the seal, imprinted in purple ink,
of the Registrar -Recorder.
tt..RR MAR 15 19.89
• W REGISTRAR -RECORDER
LOS ANGELES COUNP(, CAUFO NIA
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RESOLUTION OF THE TRAFFIC COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THE APPROVAL
OF A DRIVEWAY AT 9 CREST ROAD WEST
THE TRAFFIC COMMISSION OF THE CITY OF ROLLING HILLS DOES
FIND AND RESOLVE AS FOLLOWS:
Section 1. An application was filed by Dr. and Mrs. Hooshang
Pak for the location of a driveway, which would provide on -site
ingress and egress for the property, at 9 Crest Road West, where
on -site ingress and egress do not currently exist.
Section 2. The Traffic Commission conducted a public
discussion and a field investigation related to the applicant's
request, to which the applicant and all members of the public were
invited. The Commission has considered the evidence, both written and
verbal, presented to it in connection with this application.
Section 3. In accordance with Section 10.08.020 of the
Municipal Code, the Traffic Commission does hereby recommend that the
driveway location request of Dr. and Mrs. Hooshang Pak be approved;
and, -
Further, the Traffic Commission recommends that an approval
of the driveway location be subject to the following conditions:
1. The final design of the driveway ingress and egress
opening at the Crest Road roadway easement be of a
design acceptable to the City Traffic Engineer and
be approved by the Traffic Commission.
2. The required site distance be maintained within the
easement, i.e., the landscaping plan provide for a
fifteen foot open area from the edge of the paved
roadway surface into the unpaved easement.
3. During the residential building construction, the
driveway surface be covered by a material approved
by the Traffice Engineer, in order that the intru-
sion of dust, dirt and other potentially dangerous
or obnoxiuos material onto Crest Road will be re-
tarded.
1989.
ATTEST:
PASSED, APPROVED AND ADOPTED this 13th day of January,
Secretary
Chairman
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AGREEMENT
THIS AGREEMENT is executed in duplicate by and between
Dr. Hooshang Pak, hereinafter referred to as "Pak," and
Dr. Richard Henke, hereinafter referred to as "Henke."
The parties agree as follows:
1. Pak and Henke are respectively the owners of parcels
of real property commonly known as No. 9 and No. 7,
Crest Road West, Rolling Hills, California, and for
ingress and egress to their respective properties, share
a common driveway, which crosses Henke's property. Pak
uses the driveway by virtue of a non-exclusive easement
appurtenant to his property which is the dominant
tenement.
2. Pak is proposing to construct a driveway entirely confined
to his own property for his excusive use, and agrees
to relinquish said easement, conveying the same by quitclaim
deed delivered to Henke forthwith.
3. Henke agrees that, in consideration of said conveyance,
he will permit Pak's continued use of the existing
driveway until Pak has constructed a new driveway,
entirely on his own property, which will satisfy the
conditions precedent to issuance of a demolition or building
permit by the City, for his property.
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4. As further consideration, Henke agrees that, as soon
as Pak's new driveway on his own property is constructed,
Henke will, at his sole expense, construct on his own
property, a fence, wall or other structure between the
two properties which is in compliance with the requirements
of the City as incorporated in the permit which he will
secure from the City.
5. T1-.e parties agree that this agreement shall be
interpeted under the laws of the State of California,
and that in the event of any litigation incident to
its interpretation or performance, the prevailing party
shall be entitled to recover from the other party,
reasonable attorney's fees and costs of suit, as
fixed by a court of competent jurisdiction.
Dated:
Dated:
HooPak
/ovi Je
Richard Henke
RESOLUTION NO. 89-5
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A FRONT YARD SETBACK VARIANCE
IN ZONING CASE NO. 376
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES FIND AND RESOLVE AS FOLLOWS:
Section 1. An application was duly filed by Dr. and Mrs.
Hooshang Pak for a minimum front yard setback variance for property
located at a Crest Road West (Lot 55-A-MS), Rolling Hills,
California. The applicationseeks a variance to allow for the
construction of a driveway which will provide access/ingress from
Crest Road to applicants' building pad. The proposed encroachment is
12' where there is a requirement of a minimum setback of 50'.0".
Section 2. The Planning Commission opened the public
hearing on December 20, 1988 and continued it to January 17, 1989. A
duly noticed field trip was conducted on January 14, 1989, to which
the applicant and all members of the public were invited. The
Commission has considered the evidence, presented to it, both written
and oral, in connection with this application.
Section 3. In accordance with Sections 17.32.010 through
17.32.030 of the Municipal Code, the City Council finds as follows:
1. The subject property is unique in that it has an
existing driveway access/ingress across the adjacent
property (7 Crest Road West) through a private
easement. This is an existing nonconforming garage
which extends into the front setback. The variance
involves construction of a structure (retaining
wall) the minimum front yard setback. The new
construction will enhance the access/ingress of the
building pad area in the same location.
2. Approval of the variance does not give to the
applicant a special privilege because it merely
allows him to construct a driveway to the building
are within the site's roadway frontage. The
variance provides for the construction of retaining
walls related to the driveway design.
3. The variance is necessary to the applicant's ability
to enjoy his, property to the same extent as other
similar properties in the same zone. It will permit
applicant to construct a driveway in accordance with
a design plan that makes sensible use of existing
unique conditions.
4. This project is categorically exempt under the
California Environmental Quality Act.
Section 4. The Planning Commission, as consideration of
approval, has set forth and hereby requires the following conditions
be complied with:
1. All requirements of the Zoning Ordinance and of the
zone in which the subject property is located
(RAS-2) must be compiled with unless otherwise set
forth in the permit, or shown otherwise on an
approved plan.
2. The property shall be developed and maintained in
substantial conformance with the site plan on file
marked Exhibit A.
3. It is declared to the intent of the Planning
Commission that if any provision of the Variance is
held or declared to be invalid, the permit shall be
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void and the privileges granted thereunder shall
lapse; further, if any conditions hereof are
violated, or if any law, statute or ordinance is
violated, the Permit shall be suspended and the
privileges granted thereunder shall lapse.
4. That the final design of the driveway ingress and
egress opening at the Crest Road roadway must be of
a design acceptable to the City's traffic engineer
and be approved by the Traffic Commission.
5. There shall not be a demolition or building permit
issued until the new driveway is constructed. For
this condition's purpose, constructed shall mean
that the graded driveway is complete and sub -base
material has been placed.
6. That the driveway surface shall be covered with a
material approved by the traffic engineer that will
retard the intrusion of dirt, dust, and other
potentially dangerous or obnoxious material onto
Crest Road. And, that said surface shall be
maintained in a safe manner to meet the condition.
In addition, the driveway must be surfaced up to the
existing concrete at the top of• the property.
7. That the required sight distance shall be maintained
within the easement, i.e., the landscaping plan
allows for ten to fifteen feet way from the roadway.
8. That all construction equipment shall enter and
leave by way of the Crenshaw gate.
9. That the unpaved stable vehicle access be restricted
to access to the stable location only and not be
used for any other purpose.
10. That the two interested parties, Dr. Henke and Dr.
Pak, reach an agreement on the abandonment of the
joint vehicular access that currently exists. (One
of the primary considerations in allowing this new
driveway access is that, without the other access,
this is the only way to access this property, which
creates an extraordinary or exceptional
circumstance.).
11. That the retaining walls and driveway be approved by
the Association, andbuilt in compliance with the
Building Rules and Regulations of the Rolling Hills
Community Association.
12. That landscaping be planted to mitigate the impact
of the retaining walls, and that the landscape plan
be approved by the Planning Commission.
Section
the variance sought
of
January
ATTEST:
PASSED,
Secretary
5. In
in Zoning
APPROVED
1989 •
accordance with the foregoing findings,
Case No. 376 is herebyapproved.
and ADOPTED this l7th day
Chairman