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761, Addition to Kitchen & dinning , Resolutions & Approval ConditionsThis page is part of your document - DO NOT DISCARD TITLES) : ACCEPTANCE IIi i II i i i i i Ai 11111 i i IIi i i i 1111 20082202662 i i i i i I I i i Recorded/F led in Offc al Records Recorder's Office, Los Angeles County, California lll1 0 8121 0800043 i iu N 001141120 SEQ: 01 12/16/08 AT 11:29AM u i u 11H i i II I i ar 11010111puiiiimiiuiiirouo�moiiii1111inoo 110 1110 ll0IIll0 I I 011 1111100110 ll 1 IIlH0Il lI lIl 110 10 llI II THIS FORM IS NOT TO BE DUPLICATED i i II I VA P0008 FEES: 28.00 TAXES: 0.00 OTHER: 0.00 PAID: 28.00 e888388 • RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX RECElyED ,IAN 17 2009 Cit i"nlling Hills 13y 1216121108 it hllflTh/,jiJ1qjif1 11.i/• *288822.02662* 41 RECORDER'S USE ONLY 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. 761 XX VARIANCE I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 12 EASTFIELD DRIVE, ROLLING HILLS, (LOT 65-A-EF) 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. 761 VARIANCE XX I (We) certify (or declare) under the penalty of perjury that the foregoin s true and corre Signature 4 g ature Name typed or printed P, a.rM,e i ct Dr, °`I�n3 I'lill�. CA 902h 1` City/State Tct-t5lko Name typed or printed t � � .r rr M J I�r Address I�U41 11WS` CA - AN City/State Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On PCt • (e, 7 CDO`i< before me 0.21 Address RcASh() P Scc-4--t n•, - ,Uo+c�c-, ?c� h I ; C personally appeared iQ.-Sc • ;.._ -e- t-t rt. et A SO F- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))1 are subscribed to the within instrument and acknowledged to me that X/ 94/ they executed the same in)/hfir/their authorized capacity(ies) and that by pit/ID /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that theforegoing paragraph is true and correct. WITNESS by hand an official seal. Signature of Notary 1 L011 (seal) SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF HA JANAE SARTINI COM.NOTARY UBLICI• 7CALIFORNIA g LOS ANGELES COUNTY ComrhissionExpires May 8, 2012 � ex me) rr A .3 RESOLUTION 2008-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A MINOR VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SE I BACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 761, AT 12 EASTFIELD DRIVE, (LOT 65-A-EF) ROLLING HILLS, CA., (ITOH). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. and Mrs. Tasuo Itoh with respect to real property located at 12 Eastfield Drive, Rolling Hills (Lot 65-A-EF) requesting a Minor Variance to construct a 196 square foot addition. The Minor Variance is necessary due to the fact that a small portion (2 square feet) of the proposed addition will project one foot into the side setback. Section 2. The Planning Commission conducted a duly noticed public hearing and field trip to consider the application on September 16, 2008. 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 and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, 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. A Variance to Section 17.16.060 is required because it states that every lot in the RAS-1 zone shall have side yard setback 20 feet from the property line. The applicant is requesting a Variance to allow two (2) square feet of the 196 square foot addition to the existing residence to encroach up to one (1) foot into the side setback. The variance is a minor variance due to the insignificant encroachment. 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration and location of the existing Reso. 2008-17 ZC NO. 761 1 • • structure, which has an existing building encroachment into the 20-foot side setback, makes it infeasible to extend a building wall without creating notches in the roof line and in the area of addition. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same zone. The encroachment permits the use of the lot to the extent allowed for other properties with similar lot configurations. The configuration and location of the existing residence make it difficult to make addition elsewhere to the property without an encroachment. The Variance will permit the development of the property in a manner consistent with surrounding properties and the encroachment will follow the building line of the current residence. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. The minor encroachment in the side setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of the house. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and total impervious lot coverage are in compliance with requirements of the City. D. 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. The structural lot coverage and the total impervious lot coverage are in compliance with the requirements of the City. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Minor Variance in Zoning Case No. 761 to encroach up to one (1) foot into the side setback with an addition, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of this approval 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, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. Reso. 2008-17 ZC NO. 761 2 • • 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 this 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 September 9, 2008 except as otherwise provided in these conditions. E. The property on which the project is located contains an adequate pad area for future development of a minimum 450 square foot stable and minimum 550 square foot corral. F. The property owners shall comply with the requirements of the Lighting Ordinance of the City of Rolling Hills, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving the subject residence shall be placed underground in compliance with all applicable standards and requirements of the City and utility companies, prior to final building inspection. I. Structural lot coverage shall not exceed 5,608 square feet or 17.6%, in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 10,331 square feet or 32.5% in conformance with total lot coverage limitations. K. The amount of the existing disturbed area of the lot is 24,351 square feet (76.5%), exceeding the 40% maximum permitted. The existing disturbed area shall not be enlarged or increased, pursuant to Section 17.24.040 of the Zoning Ordinance. L. Residential building pad coverage on the 13,585 square foot residential building pad shall not exceed 39.02%, including the future stable, but not including the area of covered porches that are 10% or less of the structures. M. There shall be no grading for this project. N. This project plans shall be reviewed and approved by the Rolling Hills Community Association (RHCA). O. 50% of construction debris shall be recycled or diverted from landfills. Verification shall be submitted to staff regarding how much material was generated, how much was recycled and which facility the recycling material was taken to. Reso. 2008-17 ZC NO.761 3 • P. Perimeter easements and trails, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, except that the Rolling Hills Community Association (RHCA) may approve certain encroachments. Q. The side 20-foot setback line in the area of the construction shall be staked during the entire construction time. R. Should new landscaping be introduced for this project, the landscaping shall include water efficient irrigation that incorporates a low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray. Further, landscaping shall be designed using mature trees and shrubs so as to screen the residence but not to obstruct views of neighboring properties. Any new trees and shrubs planned to be introduced in conjunction with this project shall, at maturity, not be higher than the ridge height of the residence, and shall comply with the Fire Department requirements for clearance of brush in proximity to structures. S. 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. T. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices is required so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. U. 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. V. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails. W. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. Reso. 2008-17 ZC NO.761 4 • • X. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. Y. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. Z. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. AA. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project and to the property, which would constitute additional structural development and/or grading including the construction of a future stable shall require the filing of a new application for approval by the Planning Commission. AB. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance or it shall not be effective. AC. All conditions of this Minor Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. AD. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER 2008. CHARD HENKE, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso: 2008-17 ZC NO.761 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-17 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A MINOR VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 761, AT 12 EASTFIELD DRIVE, (LOT 65-A-EF) ROLLING HILLS, CA., (ITOH). was approved and adopted at a regular meeting of the Planning Commission on October 21, 2008 by the following roll call vote: AYES: Commissioners DeRoy, Sommer, Witte and Chairman Henke. NOES: None. ABSENT: Commissioner Smith. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTE CITY CLERK Reso. 2008-17 ZC NO. 761 6