421, Reduction of front yard setbac, Resolutions & Approval ConditionsGENERAL ACKNOWLEDGMENT
NO. 201
1 State of.
County of
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90» 902602
S
OFFICIAL SEAL
BETTY VO'LKERT
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My corm. expires APR 3, 1992 .
On this the 7 day of 19 7 2 before me,
TT `� VtL.K,E
the undersigned Notary Public, personally appeared
(! A,ai Es A • 14/LLw y ALPA 13 , t1/,�LtOi y
ersonally known tome
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are
within instrument, and acknowledged that
WITNESS my hand and official eal.
Notary's Signature/f
subscribed to the
executed it.
7110 122
NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-71o4
90-= 964602
For Recor.'s Use
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
RECORDED IN OFFICIAL RECORDS
RECORDEPt'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
31 MIN. 2 P. M. MAY 171990
PAST.
Please record this form with the -Registrar -Recorder's
return to:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires
before recordation.) •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
Office and
I FEE $7
that the form be notarized
• Acceptance Form
ss
CONDITIONAL USE PERMIT CASE NO:
VARIANCE CASE NO.
I (We) the undersigned state:
I am'(We are) the owner(s). of the real property
2 Flying Mane Road, Roiling Hills, California
421
421
described as follows:
(Lot 627A-SF)
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. 421
Variance Case No.
421
cases.
conditions in said
I (We) certify (or declare) under the penalty. of 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
notary public. Attach
appropriate acknowledgement.
Type or print
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A VARIANCE TO REDUCE
THE LOT FRONTAGE REQUIREMENT FOR AN ADDITIONAL
DRIVEWAY ACCESS, TO ENCROACH INTO THE FRONT YARD
SETBACK TO CONSTRUCT A RETAINING WALL AND TO
EXCEED THE SEVEN PERCENT (7%) MAXIMUM ALLOWABLE GRADE
FOR THE FIRST TWENTY FEET OF A DRIVEWAY; AND
A CONDITIONAL USE PERMIT FOR AN ADDITIONAL DRIVEWAY
ACCESS IN ZONING CASE NO. 421
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr.
Charles Hillway with respect to real property located at 2 Flying
Mane Road, Rolling Hills (Lot 62-A-SF) requesting a Varianceto
reduce the lot frontage requirement for an additional driveway
access, to encroach into the front yard setback to construct a
retaining wall, and to exceed the seven percent (7%) maximum
allowable grade for the first twenty feet of a driveway; and a
Conditional Use Permit for an additional driveway access in Zoning
Case No. 421.
Section 2. The Planning Commission conducted a duly
noticed public hearing to consider the application on February 20,
1990, March 20, 1990, and April 18, 1990 and conducted a field site
review on March 17, 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 the
property to the same extent enjoyed by similar properties. Section
17.16.012(J)(1) requires that a property have a frontage on a
maintained roadway of not less than two hundred and fifty feet as a
required element for a Conditional Use Permit for an additional
driveway access. Section 17.16.060 requires a front yard of not less
than 50 feet and Section 17.28.022 requires an unoccupied and
unobstructed front yard for said 50 feet. Section 15.04.120 requires
that a driveway access shall be so constructed that the first twenty
feet (20') shall not be steeper in grade than seven percent (7%).
Section 4. With respect to the application submitted
for a variance to reduce the lot frontage requirement for an
additional driveway access, the Commission finds that:
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 elevated above the roadway which is a narrow
street.
B. The variance is necessary for the preservation and
enjoyment of a substantial property fright possessed by
other property or class of use in the same vicinity and
zone, but which is denied to the property in question
because other similar situations with additional driveway
accesses are developed off the same road and in the
surrounding 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 improved ingress/egress
to the site will mitigate view impairment and enhance
traffic safety. Further, the roadway is generally straight
and the requirement for separation between the two driveway
accesses on the property will be satisfied.
Section 5. Based upon the foregoing findings, the
Commission hereby approves the Variance to reduce the lot
frontage requirement for an additional driveway on property
located at 2 Flying Mane Road as indicated on the Development
Plan attached hereto as Exhibit A and subject to the conditions
set forth in Section 12 of this Resolution.
Section 6. With respect to the application submitted for a
variance to encroach into the front yard setback to construct a
retaining wall, the Commission finds that:
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
existing grade of the front yard requires construction of a
retaining wall to create a more level driveway.
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 other similar
wall structures have been developed 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 construction of the
retaining wall will allow development of a driveway that
provides improved sight distance when entering the roadway.
Section 7. Based upon the foregoing findings, the
Commission hereby approves the Variance to encroach into the front
yard setback to construct a retaining wall on property located at 2
Flying Mane Road as indicated on the Development Plan attached hereto
as Exhibit A and subject to the conditions set forth in Section 12 of
this Resolution.
Section 8. With respect to the application submitted for a
variance to exceed the seven percent (7%) maximum allowable grade for
the first twenty feet of a driveway, the Commission finds that:
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 due to
the topographical conditions of the site, a significant
grading cut would be required to develop the driveway to
code standards.
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 other additional
driveway accesses have been developed 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 development of a driveway
with a higher grade percentage will facilitate sight
distance and not result in a higher retaining wallwhich
would obscure view of the roadway.
Section 9. Based upon the foregoing findings, the
Commission hereby approves the Variance to exceed the seven percent
(7%) maximum allowable grade for the first twenty feet of a driveway,
on property located at 2 Flying Mane Road as indicated on the
Development Plan attached hereto as Exhibit A and subject to the
conditions set forth in Section 12 of this Resolution.
Section 10. Section 17.16.012 (J) of the Municipal Code
requires a Conditional Use Permit to construct an additional driveway
providing a second means of vehicular access to a maintained roadway.
Section 11. The Planning Commission makes the following
findings:
A. The granting of such Conditional Use Permit would be
consistent with the purposes and objectives of the Zoning
Ordinance and General Plan; and, be desirable to the public
convenience and welfare because the additional driveway
access will provide improved ingress and egress for the
property, and enhance traffic safety as suggested by the
City's Traffic Commission findings. The proposed driveway
will be compatible with the site and surrounding properties
B. The project conforms with the requirements of the
California Environmental Quality Act, and is categorically
exempt from environmental review.
Section 12. Based on the foregoing findings, the Planning
Commission hereby approves the Conditional Use permit in Zoning Case
No. 421 to permit an additional driveway access for the property at 2
Flying Mane Road, and subject to the following conditions:
A. The variance approvals shall expire if not used in one year
form the effective date of approval as defined as specified
in Section 17.32.110 of the Municipal Code.
B. The Conditional Use Permit shall expire unless used within
one year from the date of the Permit is granted.
C. If any provision if this Conditional Use Permit is held or
declared to be invalid, the permit shall be void and the
privileges granted thereunder shall lapse.
D. It is declared and made a condition of the Permit 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.
E. All requirements of 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 the approved development plan.
F. The lot shall be maintained in substantial conformance with
the site plan on file marked Exhibit A except as otherwise
provided in these conditions.
G. The proposed building plan must be approved by the Rolling
Hills Community Association Architectural Review Committee
before building or grading permit is issued.
H. 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.
I. Prior to the submittal of a final grading plan to the
County of Los Angeles for plan check, ad 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.
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 the variances
and Conditional Use Permit granted herein shall not be
effective.
PASSED, APPROVED AND ADOPTED this day
of , 1990.
ATTEST:
City Clerk
Allan Roberts, Chairman