659, Addition to existing SFR of a , Resolutions & Approval Conditions•RECORDING REQUESTED BY AND
MAIL TO
CITY OF ROLLING HILLS CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274 By
(310) 377-1521
(310) 377-7288 FAX
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
pommt
MAR 21 2005
ZONING CASE NO. 659
CI;( Ve) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
6 OPEN BRAND ROAD, ROLLING HILLS, (LOT 112-EF) CA 90274
This property is the subject of the above numbered case and conditions of approval
IIim (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 659 SITE PLAN REVIEW
VARIANCES XX
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
Je) ce fy (or declare) u • : - - •enalty of rjury that the foregoing is true and correct.
MOMS/4 1 l�zJ4VC J f
Name typed or printed G open Erin Pa
Address eODUui Has , C 90 274
City/State L
Signatures must be acknowledged by a notary public.
XX
Signature
State of California )
County of Los Angeles )
SITE PLAN REVIEW
VARIANCES
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
Signature
Name typed or printed
Address
City/State
J5 0479389
T Recorder's Use Only
On Feb• I , 2i% before me, m()A1I(;/ >-F/IMs9niL , IJbT4 it P11&/(' ,
personally appeared M031T4P4 TA2AIDE-14
personally known to me (oLproved_to-rne on t y-evidenee) to be the person04 whose names) is/aft/
subscribed to the within instrument and acknowledged to me that he/shetlry executed the same in his/hu/peir authorized
capacity(i and that by his/her/their signaturejOon the instrument the person(9)? or the entity upon behalf of which the
per,• 'al.. e�-�e,.� t-.• .,., ensrua a ft.
MONICA HANDSOME
Commission # 1470203 Witness by hand and official s
Notary Public - California
Los Angeles County
My Comm. Expires Mar 11, 2008� v
Signature of Notary
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05 0479389
RESOLUTION NO. 2003-09
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS
GRANTING A VARIANCE TO CONSTRUCT AN
ADDITION AND EXPANSION OF THE FRONT
ENTRANCE WHICH WILL ENCROACH INTO THE
FRONT YARD SETBACK AND A VARIANCE TO
RETAIN THE EXISTING DRIVEWAY, WHICH
EXCEEDS THE MAXIMUM PERMITTED
COVERAGE OF THE FRONT YARD AREA AT AN
EXISTING SINGLE FAMILY RESIDENCE LOCATED
AT 6 OPEN BRAND ROAD, (LOT 112-EF) IN
ZONING CASE NO. 659, (TABAZADEH).
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. Mojtaba
Tabazadeh with respect to real property located at 6 Open Brand Road (Lot 112-
EF), Rolling Hills, requesting a Variance to enclose a covered porch and to permit
the expansion of the front entrance which encroach into the front yard setback,
and a Variance to retain the existing driveway, which exceeds the maximum
permitted coverage of the front yard area at an existing single family residence.
A future stable and corral are proposed to be located below the residence and
will require grading, when constructed.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on March 18, 2003, April 15, 2003 and at a
field trip visit on April 1, 2003. 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's representative was in attendance at the hearings.
Section 3. The Planning Commission finds that the project qualifies as
a Class 1 Exemption [State CEQA Guidelines, Section 15301(e)] 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.
Section 17.16.110 requires a front yard of fifty feet (50') from the front easement
line. The applicant is requesting to enclose 223 square feet of the existing covered
porch and expand the front entrance by 142 square feet. Both additions will
encroach a maximum of twenty-three feet and seven inches (23'7") into the fifty-
Reso. 2003-09 Variance
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05 0479389
foot (50') front yard setback for a horizontal distance of 16 feet. The existing
house already encroaches into the front yard setback. 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 the property that do not apply generally to the other
property or class of use in the same zone because the residence is located close to
the street and adjacent residences. The existing development pattern on the lot
and the sloping rear portion precludes continued expansion of the residence on
the lot. The existing residence was developed at a time when the required front
yard setback was 30 feet from the roadway easement, and is in conformance with
the then requirement.
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. The Variance is necessary
because the development and use of the subject property in a similar manner
consistent with the shape of the lot and development of other property on this
street justifies this additional small incursion into the front yard setback. The
proposed addition is mainly within the existing roofline and aligns with the
existing building line. The further encroachment of the entryway will be
minimal.
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. 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 for Zoning Case No. 659 to permit
the proposed project to encroach a maximum of twenty-three feet and seven
inches (23'7") into the fifty -foot (50') front yard setback, subject to the conditions
in Section 8 of this Resolution.
Section 6. Section 17.16.150 of the Zoning Ordinance states that
driveways are permitted in any yard, but shall not cover more than 20% of the
area of the yard in which they are located. The existing driveway at subject
property covers 24% of the front yard area, and therefore requires a Variance.
With respect to this request for a Variance, the Planning Commission finds as
follows:
A. There are exceptional and extraordinary circumstances and
conditionsapplicable to the property that do not apply generally to the other
property or class of use in the same zone because the subject lot has a narrow
frontage due to its location on a cul-de-sac. Due to staff's and applicant's inability
to determine, if the driveway in its current configuration was constructed before
or after the provision of the Zoning Ordinance pertaining to driveways coverage
became effective, a Variance to legalize this condition is required.
Reso. 2003-09 Variance
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05 0479389
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. The Variance is necessary
because the development and use of the subject property in a similar manner
consistent with the shape of the lot and development of other property on this
street justifies the size of the driveway. The proposed addition does not affect
the location and size of the driveway.
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. Development on the pad does
not affect the existing driveway and the driveway is on a curve of a cul-de-sac.
The area of the driveway adjacent to the residence is screened from the street.
Section 7. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 659 to permit
the existing driveway, which covers 24% of the front yard area, as shown on the
Development Plan dated April 15, 2003, and marked Exhibit A, subject to the
conditions in Section 8 of this Resolution.
Section 8. The Variances requests to encroach into the front yard
setback and to exceed the front yard coverage with an existing driveway,
approved in Section 5 and in Section 7 of this Resolution are subject to the
following conditions:
A. The Variances approval shall expire within one year from the
effective date of approval as defined in Section 17.38.070(A) unless otherwise
extended pursuant to the requirements of that section.
B. It is declared and made a condition of the Variances approval, that
if any conditions thereof are violated, this approval shall be suspended and the
privileges granted thereunder 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 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 and dated April 15,
2003, except as otherwise provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and
Reso. 2003-09 Variance
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corral with vehicular access thereto in conformance with site plan review
limitations, and subject to condition "AE" of this Resolution.
F. There shall be no grading for this project, except that grading may
be required for the future stable.
G. If additional landscaping is introduced to screen the proposed
development from the roadway, such landscaping shall be designed to use
native plants or other drought -tolerant mature trees and shrubs so as not to
exceed the ridge height of the residence nor obstruct views from neighboring
properties.
H. Landscaping shall include water efficient irrigation, to the
maximum extent feasible, 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 in
accordance with Section 17.27.020 (Water efficient landscaping requirements) of
the Rolling Hills Municipal Code.
I. The property owners shall comply with the requirements of the
Lighting Ordinance of the City of Rolling Hills, (ORDINANCE NO. 287)
pertaining to lighting on said property.
J. The property owners shall comply with the requirements of Section
17.16.190 of the Zoning Ordinance pertaining to roof covering, when the addition
is 200 square feet or larger.
K. Utility lines serving subject property shall be placed underground.
L. Structural lot coverage shall not exceed 4,782 square feet or 6.86%
in conformance with lot coverage limitations.
M. Total lot coverage of structures and paved areas shall not exceed
8,485 square feet or 12.1% in conformance with lot coverage limitations.
N. The disturbed area of the lot shall not exceed 13,631 square feet or
19.5% in conformance with lot coverage limitations, which includes the future
stable.
O. Residential building pad coverage on the 5,370 square foot
residential building pad shall not exceed 4,332 square feet or 81.0%; coverage on
the 2,000 square foot stable pad shall not exceed 450 square feet or 22.5%.
P. The existing topography, flora and natural features of the lot shall
be retained to the greatest extent feasible.
Q. During construction, dust control measures shall be used to stabilize
the soil from wind erosion and reduce dust and objectionable odors generated by
Reso. 2003-09 Variance
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construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
R. During construction, conformance with local ordinances and
engineering practices so that people or property are not exposed to landslides,
mudflows, erosion, or land subsidence shall be required.
S. During construction, conformance with the air quality management
district requirements, stormwater pollution prevention practices, county and
local ordinances and engineering practices so that people or property are not
exposed to .undue vehicle trips, noise, dust, objectionable odors, landslides,
mudflows, erosion, or land subsidence shall be required.
T. 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.
U. During construction, an approved Erosion Control Plan containing
the elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building Code shall be followed to minimize erosion and to protect slopes and
channels to control stormwater pollution, if required by the County of Los
Angeles.
V. 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.
W. 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.
X. The drainage plan shall be approved by the Planning Department
and the L.A. County Building Division, to include any water from any site
irrigation systems and that all drainage from the site shall be conveyed in an
approved manner.
Y. The property owners shall be required to conform with the
Regional Water Quality Control Board and County Health Department
requirements for the installation and maintenance of stormwater drainage
facilities.
Z. 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.
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AA. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building permit.
AB. 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.
AC. The applicants shall execute an Affidavit of Acceptance of all
conditions of this Variance approvals, pursuant to Section 17.38.060, or the
approval shall not be effective.
AD. All conditions of this Variance approval, which apply, must be
complied with prior to the issuance of a building permit from the County of Los
Angeles.
AE. The construction of a future stable, in the location shown on the
Site Plan, Exhibit "A", dated April 15, 2003, or in any location on said lot, shall
be subject to Planning Commission approval, including evaluation of view
impacts.
Reso. 2003-09 Variance
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PASSED, APPROVED AND ADOPTED THIS 15TH DAY AP L 15, 2003.
vk 0 VIVO 67
EVI ANKINS, CHAIRWOMAN
ATTEST:
MARILYN KE , DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2003-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO CONSTRUCT AN
ADDITION AND EXPANSION OF THE FRONT ENTRANCE WHICH
WILL ENCROACH INTO THE FRONT YARD SETBACK AND A
VARIANCE TO RETAIN THE EXISTING DRIVEWAY, WHICH
EXCEEDS THE MAXIMUM PERMITTED COVERAGE OF THE FRONT
YARD AREA AT AN EXISTING SINGLE FAMILY RESIDENCE
LOCATED AT 6 OPEN BRAND ROAD, (LOT 112-EF) IN ZONING CASE
NO. 659, (TABAZADEH).
was approved and adopted at a regular meeting of the Planning Commission on April
15, 2003 by the following roll call vote:
AYES: Commissioners DeRoy, Margeta, Sommer, Witte and
Chairwoman Hankins.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 2003-09
PAGE'QP5