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467, An addition of 1164 sq ft to e, Resolutions & Approval Conditions
r RESOLUTION NO. 93-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A KITCHEN, AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 467. 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 Mr. & Mrs. Moti Kashyap with respect to real property located at 22 Middleridge Lane North (Lot 1-MR), Rolling Hills requesting an extension to a previously approved Variance to permit encroachment into the front yard setback to construct a kitchen addition, and requesting an extension to a previously approved Site Plan Review application for substantial additions to a single family residence. Section 2. The Commission considered this item at a meeting on February 16, 1993 at which time information was presented indicating that the extension of time is necessary due to delays in the Architectural Committee review process. Section 3. Based upon information and evidence submitted the Planning Commission does hereby amend Paragraph A, Section 9 of Resolution No. 92-9, dated February 1, 1992, to read as follows: "A. The Variance and Site Plan Review approvals shall expire within two years of the approval of this Resolution." Section 4. Except as herein amended, the provisions of Resolution No. 92-9 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THI 6th Y OF FEBRUARY, 1993. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYNRIA KERN, DEPUTY CLERK • • RESOLUTION NO. 93-9 PAGE 2 The foregoing Resolution No. 93-9 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE TO PERMIT ENCROACHMENT INTO THE FRONT YARD SETBACK TO CONSTRUCT A KITCHEN ADDITION AND APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN REVIEW FOR SUBSTANTIAL ADDITIONS TO A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 467. was approved and adopted at.a regular adjourned meeting of the Planning Commission on February 16, 1993 by the following roll call vote: AYES: Commissioners Frost, Hankins, Lay, Raine and Chairman Roberts NOES: None ABSENT: None ABSTAIN:None .GR.-ear n k. D/liy•� D PUTY CITY LERK 92 soOlt 4 State of (bit�v� County of of CAS IN) G'` --, RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Recorder's Use record thisform with the Registrar -Recorder's Ott ce • ...._ �E$ Q3.©OD PleaseLice 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. % SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT 22 ./ W/e/7_Gg e, (Z 7- 4,e) (7,& /fir , This property is the subject of fhe above numbered cases. I am (We are) aware of, and accept, all the stated conditions said I (We) the undersigned state: I am (We are) the owner(s) of the real property described follows: ZONING CASE NO. .41r SITE PLAN REVIEW VARIANCE CONDITIONAI, USE PERMIT I (We) certify (or declare) under foregoing is true and correct. Print /1 Owner MOT! ,� klAsH�%AI' Name Signature Address 22 WabLiarc LAt- City/State ROLttNlr 1i 1 LLs CA - as in the penalty of perjury that the Print 5 Owner Name Signature KAsHYP VV NORTH Address 22 Pat pDtC-RiDer6 L/3NJ6-- NORTH y�pLL INCT H(Z.LS 902.7tf City/State C./i- of v -7q. Signatures must be acknowledged by a notary public. xe • , � OFFICIAL SEAL o �.. �.1.PPe 3 vI On this the (.'day of ss. *�^"�;;�\ TERRY W. FLEMING gt NOTARY PUBLIC • CALIFORNIAgl n xe t• r NOTARY E3OND FILE() IN • • LOS ANGELES COUNTY My Commission Expires June 10, 1994 * *ek. gc tb t:#;e;e **Xo *# kr.<*fivoarefiu*1ars rt df +h %++YMSe re*Ce>p4.Y R 1`'lnQ.cH 2eu (j.J l`—l�.,vG 1992before me, the undersigned Notary Public personally appeared So KA kt's )440 D personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) AR •subscribed to the within instrument, and acknowledged that `did-'° Qxecuted it. WIT my hand and official seal. Gar-t (A ) Notary's Sign ur See Exhibit "A" attached hereto and made a part hereof RESOLUTION NO. 92-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK FOR A KITCHEN ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR SUBSTANTIAL ADDITIONS TO THE EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 467. 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. Moti Kashyap with respect to real property located at 22 Middleridge Lane North, Rolling Hills (Lot 1-MR) requesting: (1) a Variance to the front yard setback to construct residential additions; and (2) Site Plan Review for substantial residential additions. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance and a Conditional Use Permit on October 22, 1991, November 19, 1991, December 17, 1991, January 21, 1992, and at a field trip on November 2, 1991 and January 11, 1992. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. 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 17.16.060 is required to construct additions in the fifty (50) foot front yard setback. The applicant is requesting a kitchen addition which will encroach 8 feet into the front yard setback. The Planning Commission finds: A. There are exceptional or extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the lot located at the end of a cul-de-sac with the assigned front yard of the property perpendicular to the end point of the cul-de-sac. Consequently, while the house is set back a radial distance of 50 feet from the cul-de-sac, it is not set back a similar distance to the assigned front yard setback line. Also, the existing development pattern on the lot and the sloping rear portion precludes continued expansion of the house towards that area on the lot. 92- 500949 RESOLUTION NO. 92-9 PAGE 2 3 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 property in question. The Variance is necessary because there will not be any greater incursion into the setback than already exists. 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 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 to encroach into the front yard setback to a maximum of 8 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 9. • Section 6. Section 17.34.010 requires a development plan to be submitted for site plan review and approval before any building or structure may be constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by more than twenty-five percent (25%) in any thirty-six month period. Section 7. The Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low den:•ity residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback ar.d lot coverage requirements. The_lot has a net square foot area of 29,361 square feet. The proposed residence (3,073 sq.ft.), garage (494 sq.ft.), a future stable (450 sq.ft.), and a service yard (200 sq.ft.), will have 4,199 square feet which constitutes 14.3% of the lot which is within the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 6,205 square feet which equals 21.1% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is on a relatively large lot with most of the proposed additions located away from the road so as to reduce the visual impact of the development and is similar and compatible with several neighboring developments. 92- 500949 RESOLUTION NO. 92-9 PAGE 3 B. The proposed development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) and grading will be minimal to minimize building coverage on the building pad itself. C. The development plan follows natural contours of the site to minimize grading and the natural drainage courses will continue to the canyons at the rear of this lot. D. The development plan incorporates existing large trees and native vegetation to the, maximum extent feasible and supplements it with landscaping that is compatible with and enhances the rural character of the community. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structures will not cause the structural and total lot coverage to be exceeded. Significant portions of the lot, will be left undeveloped so as to minimize the impact of development. F. The proposed development is harmonious in scale and mass with the site, the natural terrain and surrounding _residences because as indicated in Paragraph A, lot coverage maximums will not be exceeded. and the proposed project is of consistent scale with the neighborhood, thereby grading will be required only to restore the natural slope of the property. The ratio of the proposed structure to lot coverage is similar to the ratio found on several properties in the vicinity. The residence will be smaller than most, and larger than very few on Middleridge Lane. G. The proposed development takes into consideration an adjacent undevelopable lot with a long term lease from the City of Rolling Hills Estates which further minimizes the proposed structure to lot coverage. H. The proposed development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles because the proposed project will utilize the existing vehicular access at the end of the cul-de-sac, thereby having no further impact on the roadway. I. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. 92- 500949 5 RESOLUTION NO. 92-9 PAGE 4 Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review for residential additions as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 9. Section 9. The Variance to the front yard setback approved in Sections 5 and the Site Plan Review for residential additions approved in Section 8 as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A, are subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.32.110 of the Municipal Code. The Site Plan Review approval shall expire within one year from the effective date of approval as defined in Section 17.34.080.A. B. It is declared and made a condition of the Variance and the Site Plan Review 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 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 marked Exhibit A except as otherwise provided in these conditions. E. To minimize the building on the pad, the structures, driveway, graded slopes and retaining walls shall be screened and shielded from view with native drought -resistant vegetation that is compatible with the surrounding vegetation of the community. F. A landscape plan must be submitted to and .approved by the City of Rolling Hills Planning Department staff prior to the issuance of any grading and building permit. The landscaping plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance, shall incorporate existing mature trees and native vegetation, and shall utilize to the maximum extent feasible, plants that are native to the area and/or consistent with the rural character of the community. 92- 500949 A bond in the amount of the cost estimate of the implementation of the landscaping plan plus 15% shall be required to be posted prior to issuance of a grading and building permit and shall be retained with the City for not less than two years after landscape RESOLUTION NO. 92-9 PAGE 5 installation. The retained bond will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. 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 must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. 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 permi I. Notwithstanding Section 17.34.070 of the Rolling Hills Municipal Code, any modifications to the project which would constitute additional development shall require the filing of a new application for approval by the Planning Commission. J. The building pad coverage shall not exceed 39%. K. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance, pursuant to Section 17.32.087, or the approval shall not be effective. L. Conditions A, C, D, E, F, G, H, J, and K of this Variance and Site Plan Review 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 THIS 1ST DAY OF FEBRUARY, 1992. ALLAN ROBERTS, CHAIRMAN ATTEST: 4522444J 01-& DIANE SAWYER, 6EPUTY CITY CLE (ze, 92- 500949 RESOLUTION NO. 92-9 PAGE 6 The foregoing Resolution No. 92-9 entitled: A.`'RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ':OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK FOR A KITCHEN ADDITION AND GRANTING SITE PLAN REVIEW APPROVAL FOR SUBSTANTIAL ADDITIONS TO THE EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 467. was approved and adopted at a regular adjourned meeting of the Planning Commission on February 1, 1992 by the following roll call vote: AYES: Commissioners Hankins, Lay, Raine & Chairman Roberts NOES: None ABSENT: None ABSTAIN: Commissioner Frost DEPUTY CITY CLERy ,k41 (4,-JS,b RECORDED INOFFICIAL RECORDS RECO CALIFORNIA 1 IN 10 A.tik MAR 251992 PAST. 92- 500949 • • Pa APR 3 0 1992 CITY OF ROLLING HILLS •