517, Construct a workshop addition,, Resolutions & Approval Conditions!21O69O5
CITY OF ROLLjNG F IL4 CORDEDIFILED IN OFFICIAL RECORDC
RECORDING REQUESTED $}3�,,,,,, ND MAIL TO: RECORDER'S OFFICE
=, LOS ANGELES COUNTY
y CALIFORN MIN'8 A.t.NOV 231994
PAST
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
Please record this form with the Registrar -Recorder's Office and
return to: City of Rolling Hills, 2 Portuguese Bend Road
Roiling 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
FEE $22 PI'
)
ZONING CASE NO. 517 SITE PLAN REVIEW 6
VARIANCE X
CONDITIONAL USE PERMIT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as
follows:
5 Flying Mane Road (Lot 50-SF)
Rolling Hills, CA 90274
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions in
said
ZONING CASE NO.
517 SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Print
Owner 1 0-1Q__ GI eS �' �, :fint (71 ,
wner C` l�lQ._ G 1 es2A
Signature Name �j �
� � Signature 677,P,1/O. l;7,/
Name
Address tJ EI in���0.�1QOGc Address `� l' 1L V hA \CA�1s2 1'� vGcJ
II I I 'r j
City/State ( c�LIIV1( I4 r I (s Cft gd�1�t City/State n I I v� �'� t li s QWW7/
Signatures must be acknowledged by a notary public.
State of CAA On this the \— day of N O\) C.M*32X 19 , before me,
(� ,�
County of 1 _ C�, `t �1 9'P_A QS •
SS.
KATHLEEN WIGGINS i
COMM. N963771 z Notary Public -California
LOS ANGELES COUNTY
My comm. expires APR 230996
the undersigned Notary Public, personally appeared
It/personally known tome
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowledged that
WIT ESS my hand and official seal.
a 's Signature
subscribed to the
executed it.
See Exhibit "A" attached
hereto and made a part hereof
• •
6"x4'A 4,
•
RESOLUTION NO. 94-22
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A
VARIANCE TO ENCROACH INTO THE FRONT YARD
SETBACK TO CONSTRUCT A WORKSHOP ADDITION,
GRANTING A VARIANCE TO ENCROACH INTO THE
FRONT YARD SETBACK TO CONSTRUCT A PAINTED
WOOD, FENCE, AND GRANTING A VARIANCE TO
ENCROACH- INTO THE SOUTH SIDE YARD SETBACK
TO CONSTRUCT A GARDEN WALL AND PAINTED
WOOD FENCE IN ZONING CASE NO. 517.
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. Yale Cciszl with
respect to real property located at 5 Flying Mane Road (Lot 50-SF) requesting a
Variance to encroach into the front yard setback to construct a workshop addition,
requesting a Variance to encroach into the front yard setback to construct a painted
wood fence, and requesting a Variance to encroach into the south side yard setback
to construct a garden wall and painted wood fence at an existing single family
residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on August 16, 1994 and September 20, 1994, and
at a field trip visit on September 13, 1994.
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
setback for every residential parcel to be fifty (50) feet. The applicants are requesting
to construct an attached workshop addition plus enlargement of a bedroom and a
bath totaling 471 square feet. The workshop addition will encroach a maximum of
eleven (11) feet into the fifty (50) foot front yard setback. With respect to this request
for a Variance, the Planning Commission finds as follows:
94 2106905
7'�
RESOLUTION NO. 94-22 •
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 within allowable setbacks.
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
there will not be any greater incursion into the front setback than already exists.
C. The graidhtg 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. 517 to permit a workshop
addition to the residential structure to encroach a maximum of eleven (11) feet into
the front 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 10 of this Resolution.
Section 6. Section 17.16.110 requires a front yard setback for every residential
parcel to be fifty (50) feet. The applicants are requesting a Variance to encroach 17
feet into the 50 foot front yard setback to construct a 12 foot long, up to 4-foot high
painted wood fence. 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 within allowable setbacks.
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
there will not be any greater incursion into the front 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.
94 2106905
RESOLUTION NO. 94-22 •
PAGE 3
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 517 to permit a 12 foot long, up to
4-foot high painted wood fence to encroach up to 17 feet into the 50 foot front 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 10 of this Resolution.
Section 8. Section 17.16.120(A)(1) requires a' side yard of 20 feet in the RA-S-1
residential zone. The applicant is requesting a Variance to encroach up to 5 feet into
the 20 foot side yard setback to construct a 49 foot long, 3-foot high cement block
garden wall and a 7 foot long, 4-foot high painted wood fence that would replace an
existing garden wail. With re3pEct 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 within allowable setbacks.
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 south side yard, the new garden wall and painted
wood fence would conform with the new addition and replace the existing fencing.
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. 517 to permit a 49 foot long, a-
foot, high cement block garden wall and a 7 foot long, 4-foot high painted wood fence
to encroach a maximum of five (5) into the twenty foot 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 10 of this Resolution.
Section 10. The Variance to the front yard setback approved in Section 5, the
Variance to the front yard setback approved in Section 7, and the Variance to the
side yard setback approved in Section 9 of this Resolution are subject to the
following conditions:
c'
94 2106905
RESOLUTION NO.94-22
PAGE 4
A. The Variance approvals shall expire within one year from the effective
date of approval as defined in Section 17.38.070.
B. 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.
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 dated July 5, 1994 and marked Exhibit A, except as
otherwise provided in these conditions.
E. Landscaping shall be provided to obscure the new additions but, shall
not encroach any more than already exists near the existing rural road at the south
side of the property.
F. 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.
G. 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.
H. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance and driveway modification approvals, or the approvals shall not
be effective.
I. 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 THIS F CTOBER, 1994.
ALLAN ROBERTS, CHAIRMAN
94 2106905
RESOLUTION NO. 94-22 •
PAGE 5
ATTEST:
MARILYN ERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) SS
I certify that the foregoing Resolution No. 94-22 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A
VARIANCE- TO ENCROACH INTO THE FRONT YARD
SETBACK TO CONSTRUCT A WORKSHOP ADDITION,
GRANTING A VARIANCE TO ENCROACH INTO THE
FRONT YARD SETBACK TO CONSTRUCT A PAINTED
WOOD FENCE, AND GRANTING A VARIANCE TO
ENCROACH INTO THE SOUTH SIDE YARD SETBACK
TO CONSTRUCT A GARDEN WALL AND PAINTED
WOOD FENCE IN ZONING CASE NO. 517.
was approved and adopted at a regular meeting of the Planning Commission on
October 6, 1994 by the following roll call vote:
AYES: Commissioners Frost, Raine, Witte and Chairman Roberts
NOES: None
ABSENT: Commissioner Hankins
ABSTAIN: None
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CI CLERK
94 2106905