411, A bedroom addition encroaches , Resolutions & Approval Conditionsy •
For Recorder's use
• 90 985433
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RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
Please record this form with
return to:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
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RECORDER'S OFFICE 1°
LOS ANGELES COUNTY ' - l' x ,�
CALIFORNIA`�
MIN. a PM.119 1 1990 ,
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the -Registrar -Recorder's Office
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(The Registrar -Recorder's Office requires
before recordation.)
that the form be notarized
Acceptance Form
STATE OF CALIFORNIA ) ss��
COUNTY OF LOS ANGELES )
CONDITIONAL USE PERMIT CASE NO.
VARIANCE CASE NO.
I (We) the undersigned state:
I am (We are) the owner(s). of the real property
411
described as follows:
77 Eastfield Drive, Dolling Hills, CA 90274 (LOT 15-EF)
This property is the subject of the above numbered cases.
I am
(We are) aware of, and accept, all the
Conditional Use Permit Case No.
Variance Case No.
stated conditions in said
411
s I (We) certify (or declare) under the penaltyof perjury that the
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
6 notary public. Attach
appropriate acknowledgement.
Type or print
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RESOLUTION NO. 90-9
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A VARIANCE TO THE SIDE YARD
SETBACK IN ZONING CASE NO. 411
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1.
Fenton with respect
Rolling Hills (Lot
setback requirement
residential structure.
An application was duly filed by Dr. Robert
to real property located at 77 Eastfield Drive,
15-EF) requesting a variance to the side yard
to construct an addition to the existing
Section 2. The Planning
noticed public hearing to consider
1989, January 16, 1990, February 20,
18, 1990, and conducted a field
February 10, 1990, and April 7, 1990.
Commission conducted a duly
the application on December 12,
1990, March 20, 1990, and April
site review on January 6, 1990,
Section 3. 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.
Section 17.16.070 (A) requires a side yard setback in the RAS-2 to be
35 feet. The applicant is requesting to encroach 10 feet into the
southerly side yard setback to construct a residential addition.
findings:
Section 4. The Planning Commission makes the following
A. There are exceptional or extraordinary circumstances or
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 vicinity and zone because the
property is narrow for a RAS-2 zoned lot and abuts the
RAS-1 zone which permits a lesser side yard setback.
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 because granting of the
variance will not be a special privilege since other
residences with reduced setbacks occur in the area.
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 because the improvements will be
screened from properties, the use of the south easement
will be restricted, and other conditions have been
incorporated to mitigate potential impacts.
D. The Community Association has consented to the use of the
easement on the south side of the property for vehicular
use so that the grant of this Variance will not cause such
use to occur contrary to the interests of the Community
Association as easement holder.
Section 5 Based on the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 411 to
permit an encroachment to a maximum of 10 feet into the southerly
side yard as indicated in the Development Plan submitted with this
application and incorporated herein by reference as Exhibit A,
subject to the following conditions:
A. The variance to the side yard setback as indicated on the
Development Plan shall not be effective if the existing
residential structure is demolished.
B. The variance to the front yard and side yard setbacks shall
expire if not used in one year from the effective date of
approval as defined and specified in Section 17.32.110 of
the Municipal Code.
C. The proposed building plan must be approved by the Rolling
Hilts Community Association Architectural Committee before
the applicant receives a building permit from the County of
Los Angeles.
D. The working drawings submitted to the County Department of
Building and Safety for plan check must conform to the
Development Plan approved with the variance.
E. A landscaping plan must be submitted to the City of Rolling
Hills Planning Department staff for approval. The plan
submitted must comply with the purpose and intent of the
Site Plan Review Ordinance. A bond in the amount of the
cost estimate for the landscaping plus 15% shall be posted
and retained with the City for not less than two years
after landscape installation. The retained bond will be
released by the City 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.
F. Prior to the submittal of a final grading plan to the
County of Los Angeles for plan check, a detailed grading
and drainage plan with related geology, soils and hydrology
•
1990.
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.
G. Use of the existing southerly easement for vehicular access
between the roadway and a stable/tack room/ garage
structure in the rear yard shall be by an unimproved
pathway with no curb or roadway shoulder cuts at the
intersection of the roadway and pathway. **Vehicular use of
the southern easement shall be restricted to occasional use
incidental to the storage of recreational vehicles, boats
and tractors; and shall not be used for regular daily use
by Passenger vehicles. *fOR-*r The existing stable/tack
room/garage shall not be used for the storage of passenger
vehicles. For Purposes of this condition, the term
"Passenger vehicles" is defined as anv vehicle designed and
used for normal daily travel. but shall not include
recreational .vehicles, tractors, boats, or vehicles used
Primarily to transport supplies and materials.
H. The concrete/wood steps in the southerly side yard setback
shall be removed.
I. The railroad -tie wood planter walls in the southerly
easement shall be removed with the exception of the most
westerly existing railroad -tie.
J. Any modifications to the project which would constitute a
modification to the Development Plan as approved by the
Planning Commission, shall require the filing of an
application for modification of the Development Plan
pursuant to Section 17.34.070 of the Rolling Hills
Municipal Code.
K. Applicant shall execute an affidavit of acceptance of all
conditions pursuant to Section 17.32.087 or this variance
shall not be effective.
PASSED, APPROVED AND ADOPTED this l8th day of
ATTEST:
City Clerk
Chairman
April