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552, Addition of a master bath to e, Resolutions & Approval Conditions
• RECORDING REQUEST BY • • 97 108660q NAME CITY, STATE ZIP CODE WHEN RECORDED MAIL TO r_oWk ADDRMAILINGESS a- PO oeC Eel 1- ;Ids, RECORDED/FILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY 1 CALIFORNIA 12:21 PM JUL 18 1997 IFEE $25.00 E1 7 SPACE ABOVE THIS LINE RESERVED FOP. RECORDER'S USE TITLE(S) ,(Tic a.\c A-- D Cr /P+ a ylcC o rUvi v 17. ar:, mia r9 . ro a wi+ D.A. FEE Code 20 $ „ ,• " R428 6/94 RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX Recorder's Use Please record this form with the Registrar -Recorder's Office 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). AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § § CITY OF ROLLING HILLS ) ZONING CASE NO. 552 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT 0 I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 2 PACKSADDLE ROAD EAST (LOT 32-SF) This property is the subject of the above numbered case. I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 552 SITE PLAN REVIEW 0 VARIANCE • CONDITIONAL USE PERMIT 0 I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Print LP f Owne , -- -- ' 1 _1'�� ` r— Name - (� Name Signatury Signature .-4- A. _ /1 n City/State ` �3di 2ty/State_ Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles) �, On %r f 7'! 99/before me, ± SVe L / A-//�4.--iea6,,L personally appearedLeD 1I /2 6-4 iP tIAJP4 M, [Personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)s/are subscribed to the within instrument and acknowledged to me that ate/they executed the same in lr/their authorized capacity(ies) and that by r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. " P `�*c;;k Irashel^P.` Fitzg r ld VY{ _' Comm. #11315541 nesSby hand and official seal. `{�' A�YNOTARY PUBLIC CALIFORNI i'; L03 ANGELES COUNT y v y y Comm Exp March 2EvL See Exhibit "A" attached hereto and made a part hereof 97 1088600 CALIFORNIA ALL-PURPOSSACKNOWLEDGMENT • No. 5907 1 A i State of County of 77 r,r.�p.. On 7— i 7 9 7 DATE before me, /662- , personally appeared 0rnien I personally known to me - OR Irashei P. Fitzgerald Comm. #1131954 NOTARY PUBLIC CALIFORNIA,,'"LOS ANGELES COUNTY n Comm Exp. March 28.2001 i bI V V V z V v v NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" ,e, ,Uce 2 Aytip 6/v2/1 ,W. Po6454 NAME(S) OF SIGNER(S) - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4/are subscribed to the within instrument and ac- knowledged to me that//they executed the same in .1xf6/14f/their authorized capacity(ies), and that by .1/-fit/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL •._ SIGNATURE OF Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. � �/ CAPACITY CLAIMED BY SIGNER [ I INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ❑ LIMITED ❑ GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATT; CHED DOCUM TITLE'6R TOE OF DOCUM NUMBER OF PAGES 7—/7--i9? 7 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE .. r�.r'.....:...',sw.M+.... :.v,✓.ir.�.,r,�+.sir.',r+...r.e.s'...+rs-rr.m�.r.�...Y...,,�"..wr....,..... NT 1 k i ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 97 1088600 • • weT /J4 C. RESOLUTION NO. 97-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 552 . 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 Dr. and Mrs. Leonard Fuller with respect to real property located at 2 Packsaddle Road (Lot 32-SF), Rolling requesting a Variance to encroach into the rear yard setback to construct an addition at an existing single family residence. Section 2. On April 16, 1991, the Planning Commission granted a Variance for the continued encroachment into the rear yard setback of a former stable that was converted to a guest house, granted a Conditional Use Permit for the guest house and granted Site Plan Review approval for substantial additions in Zoning Case No. 445. These additions were completed on January 10, 1992. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the Variance application on March 18, 1997. Section 4. 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 5. 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 17.16.130 requires a rear yard setback for every residential parcel to be fifty (50) feet. The existing residence encroaches up to 32 feet into the rear yard setback to the south. The applicant is requesting to construct a 23 square foot addition at the southwestern portion of the residence that will be 2 feet by 11-1/2 feet and encroach from 3 feet to 14.5 feet within the rear 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 or to the intended use that do not apply generally to the other property or class of use in the same zone because much of the building pad is located within the rear yard. The existing development pattern on the lot and the RESOLUTION NO. 97-7 PAGE 1 OF 4 97 1088600 sloping front portion precludes continued expansion of the residence on the lot other than into the rear 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. The Variance is necessary because development of the site in a manner comparable to other properties in the vicinity will require some incursion into the setback on this site. 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 and the extent of the incursion is no greater than what already exists. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 552 to permit the encroachment of a residential addition into the rear yard setback, to a maximum encroachment of 3 to 14.5 feet into the rear yard setback, as indicated on the development plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 7 of this Resolution. Section 7. The Variance to the rear yard setback approved in Section 6 of this Resolution is subject to the following conditions: A. The Variance approval shall expire within one year from the effective date of approval as defined in Section 17.38.070. 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 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 dated March 20, 1997 and marked Exhibit A, except as otherwise provided in these conditions. E. 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 permit. RESOLUTION NO. 97-7 PAGE 2 OF 4 97 1088600 • • F. 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 shall not exceed a steepness of a 2 to 1 slope ratio. G. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance approval or the approval shall not be effective. H. All conditions of this Variance 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 15TH DAY OF )1 1997. ATTEST: MARILYN KRN, DEPUTY CITY CLERK RESOLUTION NO. 97-7 PAGE 3 OF 4 ALLAN ROBERTS, CHAIRMAN 9'7. 1088600 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 97-7 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 552 . was approved and adopted at an adjourned regular meeting of the Planning Commission on April 15, 1997 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. A.14 ,vim DEPUTY CITY CLERK RESOLUTION NO. 97-7 PAGE 4 OF 4 97 1088600