826, Construct a BBQ (16 ft X 2.8 f, Resolutions & Approval Conditions• •
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20121517101
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Recorded/Filed n Off cial Records
Recorder's Office, Los Angeles County,
California
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10/09/12 AT 08:OOAM
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0008:
FEES: 36.00
TAXES: 0.00
OTHER: 0.00
PAID: 36.00
NOV 05 202
City of Rolling Hills
THIS FORM IS NOT TO BE DUPLICATED
t96
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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
/l).2P'2
*20121517101*
T 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. 826
XX VARIANCE
I (We) the undersigned state
§§
SEE EXHIB1I A
I am (We are) the owner(s) of the real property described as follows:
8 MAVERICK LANE, ROLLING HILLS, CA 90274 (LOT 26-A-SK)
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. 826
XX VARIANCE
I (We rtify (or declare) underthe penaYty of perjury that the forego'ng is true and correct.
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Address I y CM -AMA. --t2 2oith
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City/State
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Name typed or printed
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Address
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Signatures must be acknowledged by a notary public.
• •
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2012-16
State of California )
County of Los Angeles )
On S.P 4- . r6 , '2() j 2._ -- before me,
�T. fhal os, A) p c,,b i;a,
PaeCearedy p40 n ('vX L. k Q rp ' a&hcti c� X't UJ k'Qfpf
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) y)i/ are
subscribed to the within instrument and acknowledged to me that r / Ole/ they executed the same in
Pis/PAP/their authorized capacity(ies) and that by ht 1 I)t /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 the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary
( Seal)
T. BALLESTEROS
Commission # 1906368
Notary Public - California
Los Angeles County
M r Comm. Expires Oct 29, 2014 t
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• • E)4_14( tr tt
RESOLUTION NO. 2012-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A BARBEQUE,
A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD
SETBACK AT 8 MAVERICK LANE, IN ZONING CASE NO. 826, ON A
PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT
REQUIRES PLANNING COMMISSION APPROVAL. LOT 26-A-SK, ROLLING
HILLS, CA., (KARPF). PROJECT HAS BEEN DETERMINED TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Mr. Spencer Karpf duly filed an application with respect to real
property located at 8 Maverick Lane (Lot 26-A-SK), Rolling Hills, CA requesting a
Variance to construct a 43 square foot barbeque, of which approximately 30 square feet
would encroach into the side yard setback. A 32 square foot barbeque was removed
from the general location, however said barbeque was not located in setback.
Section 2. The Planning Commission conducted duly noticed public
hearings to consider the application on August 21, 2012 and at a field trip on August 14,
2012. The applicant was 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 was in attendance at the hearings.
Section 3. In 2008 the Planning Commission approved a site plan review
and a variance in Zoning Case No. 758 to demolish 3,385 square feet of the then existing
5,485 square foot residence, to reconstruct that area and to add 1,618 square feet to the
residence for a total of 7,103 square foot residence with 865 square foot garage and a
Variance for previously graded areas that exceed the maximum permitted disturbed
area of the net lot. There is a 1,643 square foot basement at the residence and an 800
square foot detached recreation room.
Section 4. In 2010 the Planning Commission approved a Site Plan Review to
enlarge and relocate the then existing pool and spa and to relocate and add several
walls. The new pool is 808 square feet. As a result of moving the walls, the building pad
area was increased by 1,789 square feet.
Both approvals include a condition that any further development on the property must
be submitted to the Planning Commission for review and approval. However, a recent
Zoning Code amendment allows staff to approve insignificant projects on properties
Reso. 2012-16
ZC NO. 826
1
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with said condition. Due to the proposed location, in the setback, this project requires a
Variance.
Section 5. The Planning Commission finds that the project qualifies as a Class
3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically
exempt from environmental review under the California Environmental Quality Act.
Section 6. 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-2 zone shall have a side setback of not less than 35- feet from the property
line. The applicant is requesting a Variance to construct a barbeque that would encroach
into the side setback. With respect to this request for a Variance, the Planning
Commission finds as follows:
A. 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
encroachment is very minor and is not visible from the street or other residence.
B. 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 proposed development in the side setback is
minimal and down slope from the property line. The area of the barbeque would not
impair views. The structural lot coverage and the total impervious lot coverage are
within the requirements of the City.
C. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed development will be orderly, attractive and shall
protect the rural character of the community. The proposed barbeque will not encroach
into potentially future equestrian uses on the property. A suitable stable and corral
area exists on the site.
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 within the requirements of the City.
Reso. 2012-16
ZC NO. 826
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Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the variance application for Zoning Case No. 826 as shown on the
Development Plans dated July 11, 2012 subject to the following conditions:
A. The Variance approval shall expire within two years from the effective
date of approval if work has not commenced as defined in Section 17.46.080 of the
Zoning Ordinance, unless otherwise extended pursuant to the requirements of this
section.
B. It is declared and made a condition of the approval, that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
hereunder shall lapse; provided that the applicants have 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.
C. All requirements of the Building 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. There shall be no grading or further disturbance for this project, subject
to the City's definition of grading and disturbance (no more than 3 foot cut or fill and
no more than 2,000 square feet surface area disturbance). County grading permit shall
be required.
E. The structural coverage of the lot shall not exceed 10,948 square feet or
9.9% (excl. bbq) and the total lot coverage shall not exceed 21,325 sq.ft. or 19.3%. The
disturbed area shall remain at 57.7% of the net lot area.
F. The barbeque shall be screened from the neighbors with mature trees and
shrubs. If new plants planted, they shall be planted so as not to obstruct views of
neighboring properties but to screen the barbeque on site. Trees and shrubs shall be
planted in a manner, so that when mature, will not result in a hedge like screen.
G. All conditions of Resolution No. 2008-18 in Zoning Case No. 758 and
Resolution 2010-23 in zoning Case No. 795 shall continue to be in full force and effect.
H. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to this project or to the property, which would
constitute additional structural development, grading or addition and any deviation
from the approved plans in Zoning Case No. 758, Zoning Case No. 795 and this case,
shall require the filing of a new application for approval by the Planning
Commission, except as permitted in Section 17.46.040 C.
Reso. 2012-16
ZC NO. 826
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I. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review approval, as required by the Municipal Code, the
approval shall not be effective.
J. 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 AUGUST 2012.
ATTEST:
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tau
J R AIRMAN
HEIDI LUCE, DEPUTY CITY CLERK
Reso. 2012-16
ZC NO. 826
4
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2012-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT A BARBEQUE,
A PORTION OF WHICH WOULD ENCROACH INTO THE SIDE YARD
SETBACK AT 8 MAVERICK LANE, IN ZONING CASE NO. 826, ON A
PROPERTY WITH A CONDITION THAT ANY FURTHER DEVELOPMENT
REQUIRES PLANNING COMMISSION APPROVAL. LOT 26-A-SK, ROLLING
HILLS, CA., (KARPF). PROJECT HAS BEEN DETERMINED TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the Planning Commission on
August 21, 2012 by the following roll call vote:
AYES: Commissioners Chelf, Henke, Mirsch, Smith and Chairman Pieper.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
DEPUTY CITY CLERK
Reso. 2012-16
ZC NO. 826
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