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495 & 495A, Construct new garage with encr, Correspondence(310) 544-6222 GROLLLng oil/ LL Community cJk.oaiation of &Rarzaiio Jn- aL'o (/ezdE1 Na. 1 PORTUGUESE BEND RD. • ROLLING HILLS, ROLLING HILLS TO: CRAIG NEALIS, CITY MANAGER FROM: PEGGY MINOR, MANAGER DATE: AUGUST 13, 1996 RE: r6-WILLIAMSBURG-LANE (FORMER HORNBERGER RESIDENCE) ROBERT MIKAMA AND VIRGINIA YEE CALIF. 90274 CALIFORNIA Please note Architectural Committee's Minutes dated August 6, 1996 that plans for the above owners to bring the property into compliance were approved in preliminary form. We will advise you of further developments. do • • REGULAR MINUTES OF THE ARCHITECTURAL COMMITTEE OF THE ROLLING HILLS COMMUNITY ASSOCIATION AUGUST 6, 1996 A regular meeting of the Architectural Committee of the Rolling Hills Community Association was held at the Administration Building, 1 Portuguese Bend Road, Rolling Hills, California at 4:30 P.M. on August 6, 1996. ROLL CALL: Members Present: Also Present: APPROVAL OF MINUTES, The John Resich Gordon Inman Beth King, Chairman Peggy Minor, Manager Dolores Cosenza,Adm.Ass't. Roger Vink, Architect Insp. George Sweeney, Architect Roger North, Architect Director Henke Director Howroyd Minutes of July 16, 1996 were received for the file. 1) FAUSTINO BERNADETTE 5 Ringbit Road East Field trip taken by Committee Members to view "as built" site. The following corrections are required to bring the property into conformance. a) b) c) d) e) f) g) h) i) Remove octagonal window on south elevation. proposed revision. Remove stained glass door on south elevation. proposed revision. Remove colored glass door at north elevation. proposed revision. Remove round light fixtures on posts located at pool deck area. If fixtures are to be replaced - submit fixture for consideration. Remove light fixture on front entry post. If fixture is to be replaced - submit fixture for consideration. Existing windows are accepted on "as built" condition. Committee will require all windows to be brought into conformance should any window change be requested in the future. Vertical support posts at gazebo appear weak. Suggest cladding them with 1 X material. Submit proposed design for consideration. Submit stable photographs on all four sides. Two unapproved sheds to be removed. 37-SF Submit Submit Submit 2) LES HROMAS (Frank Politeo) 1A-CH 2 Quailridge Road South P.C. 3921 Personal appearance made by Mr. & Mrs.. Les Hromas and Mr. Frank Politec, Architect. Resubmit residence addition in preliminary form with the following considerations: a) Restudy entry area per indication on plan. b) Restudy laundry room/maids room/reading room to increase size of garage a minimum width of 32 feet. c) Provide three garage doors. d) Restudy portico as discussed per indication on plan to pro•._do h .- _=f heavier pile t.: s. e) Reduca height of portico eave to match adjacent eave. AUGUST 6, 1996 HROMAS CONTINUED) f) Omit arch above entry door. g) Restudy door/side lite design. h) Provide heavier vertical elements at living room window per indication on plan. i) Windows at addition should match existing double hung window at right side of entry. 3) HALLIDAY/CIOFFI (Studio Arch.) 3 Packsaddle Road East 25-SF P.C. 3920 Final residence addition approved with the following consideration: Center entry door and remove side lite. Floor plan to conform with elevation plan. Paint approved white; trim to match existing. Association Permit required. Counter check permissible. 4) GEORGE MURRELL (Vicky Barbieri) 6 Packsaddle Road East 31-SF P.C. 3924 Skylights approved as submitted. Windows to match existing (see sketch on plan). Unapproved crib walls to be removed. Association Permit required. Counter check permissible. 5) JOHN EUGENE (Frank Balogh) 116B-RH 1 Open Brand Road P.C. 3923 Field trip scheduled for August 20, 1996, 4:30 P.M. to view site. 6) JOHN BLAZEVICH (Anthony Inferrera) 1 Buggy Whip Drive 176A-MS P.C. 3914 Resubmit residence, basement and garage plan in final form to conform with the approved preliminary plan. 7) EDGAR CAPIFALI (Thomas Milostan) 49 Saddleback Road 61-RH P.C. 3770 Final residence approved with the following considerations: Increase sill width per indication on plan; extend sill horns past side trim at window (see details 19 & 23, page 9). Provide wood siding at underside of eave and rakes throughout (see indication on details 1 & 3, page 4). Paint approved white; trim color to be submitted. Association Building Permit required. 8) MIKAMA/YEE (Geo. Sweeney) 38-RH 6 Williamsburg Lane Preliminary plan approved. Resubmit in final form. ADJOURNMENT The meeting was adjourned at 7:45 P.M. C1i1O R0fiL4. ll&INCORPORATED JANUARY 24, 199577 � NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF, 90274 (310) 377-1521 FAX: (310) 377-7288 October 27, 1994 Mr. and Mrs. Nicholas Hornberger 6 Williamsburg Lane Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 495A 6 WILLIAMSBURG LANE (LOT 38-RH) CONDITIONS OF RESOLUTION NO. 93-34, DATED 11 / 16/ 93 Dear Mr. and Mrs. Hornberger: We appreciate your telephone call and letter of October 19, 1994, saying that you do not plan to add a garage and requesting a three month extension to prepare plans to legalize the deck and residential additions at the rear of your residence that were illegally constructed. It has been eleven months since the Planning Commission approved your request for a Variance for the encroachment of a garage into the front yard setback. According to Resolution No. 93-34, dated November 16, 1993, approval of the Variance required that you legalize the deck and additions by May 16, 1994. The City has been very patient with you regarding this matter. Therefore, it is incumbent upon you to legalize or remove the offending deck and additions within the next three months (by January 31, 19951. If you do not bring your property into compliance within that time period, the City will have no alternative but, to forward this case to the District Attorney. ®Printed on Recycled Paper, PAGE 2 Feel free to call us at (310) 377-1521 if you have any further questions. Your cooperation is appreciated. Sincere I deL LOLA M. UNGAR PRINCIPAL PLANNER cc: Members of the City Council Members of the Planning Commission Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Rolling Hills Community Association Manager Ms. Lata Thakar, District Engineer Mr. Jim Hodgins • CiRollingvO/ li INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 September 21, 1994 Mr. and Mrs. Nicholas Hornberger 6 Williamsburg Lane Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 495A 6 WILLIAMSBURG LANE (LOT 38-RH) CONDITIONS OF RESOLUTION NO. 93-34, DATED 11 / 16 / 93 Dear Mr., and Mrs. Hornberger: This letter is to remind you that ten months have elapsed since the Planning Commission approved your request for a Variance for the encroachment of a garage into the front yard setback. According to Resolution No. 93-34, dated November 16, 1993, approval of the Variance required that you comply with certain conditions by May 16, 1994. Our records indicate that you have not as yet obtained the building permits for the deck and residential additions situated at the rear of the residence that were illegally constructed. The work was to be completed 'within six (6) months of the approval of Resolution No. 93-34. Please contact this office within the next thirty days (by October 21. 1994) to inform us of any planned action. If you do not contact this office within that time period, the City will take action to revoke the Variance for a garage under authority of Section 17.58.010 (attached). ®P• -Jed on R.?Cyr PAGE 2 Feel free to call us at (310) 377-1521 if you have any further questions. Your cooperation is appreciated. Sincerely, LOLA M. UNGAR PRINCIPAL PLANNER cc: Members of the City Council Members of the Planning Commission Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Rolling Hills Community Association Manager Ms. Lata Thakar, District Engineer Mr. Jim Hodgins • 07.58.010--17.58.020 17.58.010 Authority. The Planning Commission, or the City Council on appeal, may, after required public hearings have been held and action has been taken in the manner pre- scribed in this title, revoke or modify any variance, con- ditional use permit or site plan review, or revoke the status of a legal nonconforming use or structure, on one or more of the following grounds: A. General. 1. That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or 2. That the variance, conditional use permit, site plan review approval or legal nonconforming status is being or recently has been exercised contrary to or in violation of the terms or conditions of such approval or other autho- rization; or 3. That the variance, conditional use permit, site plan or legal nonconforming status is being or recently has been exercised in violation of any statute, law or regula- tion; or 4. That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance. B. Additional Grounds for Nonconformities. In addi- tion to the general grounds for revocation of legal noncon- forming status cited in subsection A of this section, the legal nonconforming status of a use or structure may be revoked based upon the grounds for termination contained in Chapter 17.24. C. Temporary Manufactured Homes. A temporary manu- factured home or trailer authorized by Section 17.16- .210(B)(6) shall be removed from the property in the event of any of the following: 1. The Commission, or City Council on appeal, de- clines to approve a time extension for the approval; 2. The owner resumes occupancy of the primary residence; 3. The property is sold, rented or leased; or 4. The Commission or the City Council finds that the primary residence is no longer endangered by a landslide. (Ord. 239 §11(part), 1993). 17.58.020 Proceedings. A. Hearing Required. The Planning Commission Secretary shall schedule a hearing before the Planning Commission to consider the revocation, pursuant to the provisions of Chapter 17.34. Noticing shall be required only of the owner or owners of the prop- erty affected by the variance, permit or nonconformity, notwithstanding the provisions of Section 17.34.030. 218-43 (Rolling Hills 5/94) I JUN 3 01994 CITY PE ROLLING HILLS June 28, 1994 Ms. Lola Ungar Senior Planner City of Rolling Hills # 2 Portuguese Bend Road Rolling Hills, CA 90274 Dear Ms.Ungar: I am responding to your letter dated May 27, 1994 addressed to Mr and Mrs Nicholas Hornberger. Condition "E" has been met, the window has been removed and the wall has been restored to its original condition. The attic space has been converted to non -habitable space. Condition "F" is in process with the Rolling Hills Community Association. This is a complex and difficult matter to resolve. The application was submitted 6 months ago, and an honest effort by all parties will hopefully lead to agreements and compliance to condition "F". Sincerely, mes R. Hodgins R. Hodgins Applicant for Mr & Mrs Hornberger • S t 11ff/eOffLfl4..J O/ DD INCORPORATED JANUARY 24, 1957 vv NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 May 27,1994 Mr. and Mrs. Nicholas Hornberger 6 Williamsburg Lane Rolling . Hills, CA 90274 SUBJECT: ZONING CASE NO. 495A 6 WILLIAMSBURG LANE (LOT 38-RH) CONDITIONS OF RESOLUTION NO. 93-34, DATED 11/16/93 Dear Mr. and Mrs. Hornberger: This letter is to remind you that six months have elapsed since the Planning Commission approved your request for a Variance for the encroachment of a garage into the front yard setback. According to Conditions E and F of Resolution No. 93- 34, dated November 16, 1993, approval of the Variance required that you comply with the following conditions by May 16, 1994: "E. Building permits shall be obtained to remove the attic storage area window at the north side of the house that was illegaly constructed. The converted attic space shall be reconverted to non -habitable space and such area shall be modified in all other respects to City staff approval, so as not to constitute a second story. Removal of the north attic storage area window and the conversion of the attic space to non -habitable space shall occur and be completed within six (6) months of the approval of this resolution. F. Building permits shall be obtained for the deck and residential additions situated at the rear of the residence that were illegaly constructed, and such work shall be lawfully completed within six (6) months of the approval of this resolution." Please contact this office within the next thirty days (by Tune 29, 1994) to inform us of any planned action. If you do not contact this office within that time period, the City will take action to revoke the Variance for a garage under authority of Section 17.58.010 (attached). . ®Pnnt,'l inn Rr;:yclnd PAGE 2 Feel free to call us at (310) 377-1521 if you have any further questions. Sincerely, 4eit. 6c1. Zaipt LOLA M. UNGAR PRINCIPAL PLANNER cc: Members of the Planning Commission Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Rolling Hills Community Association Manager Ms. Lata Thakar, District Engineer • i 17.58.010 17.58 REVOCATIONS 17.58.010 Authority The Planning Commission, or the City Council on appeal, may, after required public hearings have been held and action has been taken in the manner prescribed in this Title, revoke or modify any Variance, Conditional Use Permit, or Site Plan Review, or revoke the status of a legal nonconforming use or structure, on one or more of the following grounds: A. General 1. That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or 2. That the Variance, Conditional Use Permit, Site Plan Review approval, or legal nonconforming status is being or recently has been exercised contrary to or in violation of the terms or conditions of such approval or other authorization; or 3. That the Variance, Conditional Use Permit, Site Plan, or legal nonconforming status is being or recently has been exercised in violation of any statute, law, or regulation; or 4. That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance. B. Additional Grounds for Nonconformities In addition to the general grounds for revocation of legal nonconforming status cited in paragraph A above, the legal nonconforming status of a use or structure may be revoked based upon the grounds for termination contained in Chapter 17.24. 79 ROLLING HILLS ZONING MAY 24. 1993 0 1738.010 C. Temporary Manufactured Homes A temporary manufactured home or trailer authorized by Section 17.16.210(B)(6) shall be removed from the property in the event of any of the following: 1. The Commission, or City Council on appeal, declines to approve a time extension for the approval; 2. The owner resumes occupancy of the primary residence; 3. The property is sold, rented, or leased; or 4. The Commission or the City Council finds that the primary residence is no longer endangered by a landslide. 17.58.020 Proceedings A. Hearing Required The Planning Commission Secretary shall schedule a hearing before the Planning Commission to consider the revocation, pursuant to the provisions of Chapter 17.34 of this Title. Noticing shall be required only of the owner or owners of the property affected by the variance, permit, or nonconformity, notwithstanding the provisions of Section 17.34.030. B. Findings Required In acting to revoke a Variance, Conditional Use Permit, Site Plan, or legal nonconforming status of a use or structure, the Planning Commission shall make written findings citing the reasons for the revocation. 17.58.030 Effective Date A. A revocation of a Variance, Conditional Use Permit, Site Plan Review approval, or legal nonconforming status of a use or structure shall not become effective until the Planning Commission has adopted a resolution revoking such approval or status, and until the time period to appeal the Commission's decision to the City Council has lapsed with no appeal being filed. 80 ROLLING HILIS ZONING MAY 24, 1993 • • 1738.030 B. In the event an appeal of the Planning Commission's decision is appropriately filed, the revocation will become effective which the City Council adopts a resolution revoking such approval or status. C. The City Clerk shall notify the property owner in writing of the Planning Commission's and City Council's action. 17.58.040 Right of Appeal The property owner, applicant, or other interested party may appeal to the City Council a decision of the Planning Commission to revoke or not revoke a Variance, Conditional Use Permit, Site Plan Review approval, or legal nonconforming status of a use or structure. The appeal shall be filed and considered in accordance with the provisions of Chapter 17.54. 81 ROLLING HILLS ZONING MAY 24, 1993 • • City 0/ Rotting JUL CERTIFIED MAIL December 1, 1993 Mr. & Mrs. Nicholas Hornberger 6 Williamsburg Lane Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 SUBJECT: APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM ZONING CASE NO. 495A, 6 Williamsburg Lane (LOT 38-RH) RESOLUTION NO. 93-34 Dear Mr. & Mrs. Hornberger: This letter shall serve as official notification that Zoning Case No. 495A was APPROVED by the Planning Commission and the enclosed resolution was approved on November 16, 1993 at a regular meeting. The Planning Commission's decision was reported to the City Council at their regular meeting on November 22, 1993. The approval will become effective: (1) Thirty (30) days after adoption of the Planning Commission's resolution if no appeals are filed within that time period (Section 17.54.101(B) of the Rolling Hills Municipal Code attached), AND (2) An Affidavit of Acceptance Form and the subject resolution must be filed by you with the County Recorder. We have enclosed a copy of RESOLUTION NO. 93-34, specifying the conditions of approval set forth by the Planning Commission and the approved Exhibit A Development Plan to keep for your files. Once you have reviewed the Resolution, please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward the completed form and the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $5.00 for the first page and $3.00 for each additional page. ®Printed on Recycled Paper • • Page 2 The City will notify the Los Angeles County Building & Safety Division to issue permits only when the Affidavit of Acceptance is received by us and any conditions of the Resolution required prior to issuance of building permits are met. Please feel free to call me at (310) 377-1521 if you have any questions. Sincerely, E LOLA M. UNG PRINCIPAL P ENCLOSURES: RESOLUTION NO. 93-34, EXHIBIT A DEVELOPMENT PLAN, AFFIDAVIT OF ACCEPTANCE FORM, AND APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE. LMU.mjs approval.Hornberger cc: Mr. Jim Hodgins Mr. W. E. Eastman • • 1734.010 17.54 APPEALS 17.54.010 Time for Filing Appeals A. All actions of the Planning Commission authorized by this Title may be appealed to the City Council. All appeals shall be filed in writing with the City Clerk. B. All appeals must be filed on or before the 30th calendar day after adoption of the Planning Commission's resolution on the project or application. Application fees shall be paid as required by Section 1730.030 of this Title. C. Within 30 days after the Planning Commission adopts a resolution which approves or denies a development. application, the City Clerk shall place the resolution as a report item on the City Council's agenda. The City Council may, by an affirmative vote of three members, take jurisdiction over the application. In the event the City Council takes jurisdiction over the application, the Planning Commission's decision will be stayed until the City Council completes its proceedings in accordance with the provisions of this Chapter. 17.54.020 Persons Authorized to File an Appeal Any person, including the City Manager, may appeal a decision of the Planning Commission to the City Council, in accordance with the terms of this Chapter. 17.54.030 Form, Content, and Deficiencies in an Appeal Application A. All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the required appeal fee has been received by the City Clerk. B. The appeal application shall state, at a minimum, the name and address of the appellant, the project and action being appealed, and the reasons why the appellant believes that the Planning Commission erred or abused its discretion, or why the Planning Commission's decision is not support by evidence in the record. 76 ROLLING HILLS ZONING MAY 24, 1993 • • 1754.030 C. If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the applicant. 17.54.040 Request for Information Upon receipt of a written and complete appeal application and fee, the City Clerk shall direct the Planning Commission Secretary to transmit to the City Council the complete record of the entire proceeding before the Planning Commission. 17.54.050 Scheduling of Appeal Hearing Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the City Council to occur within 20 days of the filing of the appeal. In the event that more than one appeal is filed for the same project, the Clerk shall schedule all appeals to be heard at the same time. 17.54.060 Proceedings A. Noticing The hearing shall be noticed as required by Section 17.30.030 of this Title. In addition, the following parties shall be noticed: 1. The applicant of the proposal being appealed; 2. The appellant; and 3. Any person who provided oral testimony or written comments to the Planning Commission during or as part of the public hearing on the project. B. Hearing The City Council shall conduct a public hearing pursuant to the provisions of Chapter 17.34 of this Title. The Council shall consider all information in the record, as well as additional information presented at the appeal hearing, before taking action on the appeal. 77 ROLLING HILLS ZONING MAY 24, 1993 • • 1754.060 C. Action The Council may act to uphold, overturn, or otherwise modify the Planning Commission's original action on the proposal, or the Council may remand the application back to the Planning Commission for further review and direction. The Council shall make findings to support its decision. D. Finality of Decision The action of the City Council to approve, conditionally approve, or deny an application shall be final and conclusive. E. Record of Proceedings The decision of the City Council shall be set forth in full in a resolution or ordinance. A copy of the decision shall be sent to the applicant or the appellant. 17.54.070 Statute of Limitations Any action challenging a final administrative order or decision by the City made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion regarding a final and non -appealable determination of facts is vested in the City of Rolling Hills, the City Council, or in any of its Commissions, officers, or employees, must be filed within the time limits set forth in the California Code of Civil Procedure, Section 1094.6 78 ROLLING HILLS ZONING MAY 24, 1993 RESOLUTION NO. 93-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT OF A GARAGE INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 495A. 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. Nicholas Hornberger with respect to real property located at 6 Williamsburg Lane, Rolling Hills (Lot 38-RH) requesting a Variance to allow the encroachment of a garage into the front yard setback and a request for Site Plan Review to construct substantial additions to an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance into allowable setbacks and a Site Plan Review on April 27, 1993, May 18, 1993, June 15, 1993, July 20, 1993, August 17, 1993, September 21, 1993 and October 26, 1993. The Commission also conducted field trip visits on May 6, 1993 and July 15, 1993. During the hearing process, plans were revised to eliminate the substantial additions requiring Site Plan Review. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Section 17.38.010(A) permits 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. A Variance to Section 17.16.110 is required to permit the encroachment of a 583 square foot garage addition eighteen (18) feet within the fifty (50) foot required front yard setback. With respect to this requested resolution, the Planning Commission finds: A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the existing use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because there exists topographical constraints that justify the encroachment, in that there is not sufficient flat area in the rear of the lot to accommodate the development and grading will be minimized if the structure is oriented closer to the front of the lot. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other RESOLUTION NO. 93-34 PAGE 2 property in the same vicinity and zone, but which is denied the subject property. The amount of encroachment into the front yard setback is similar to the amount of encroachment existing on other neighboring properties along Williamsburg Lane. C. Granting this variance will not be materially detrimental to, the public welfare or injurious to the property or improvements in the vicinity 'and zone in which the property is located. Permitting the encroachment 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 to encroach into the front yard setback to permit an encroachment up to a maximum of 18 feet into the front yard to construct a garage addition as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 6. Section 6. The Variance to the front yard setback for the encroachment of a garage addition as approved in Section 5 is subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.38.070 (A)(1) of the Municipal Code. B. It is declared and made a condition of the Variance approval, 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. C. 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 an approved plan. D. The lot shall be developed and maintained in substantial conformance with the development plan on file marked Exhibit A except as otherwise provided in these conditions. The proposed garage addition shall not encroach more than 18 feet into the front yard setback. E. Building permits shall be obtained to remove the attic storage area window at the north side of the house that was illegaly constructed. The converted attic space shall be reconverted to non -habitable space and such area shall be modified in all other respects to City staff approval, so as not to constitute a second story. Removal of the north attic storage area window and the conversion of the attic space to non -habitable space • RESOLUTION NO. 93-34 PAGE 3 shall occur and be completed within six (6) months of the approval of this resolution. F. Building permits shall be obtained for the deck and residential additions situated at the rear of the residence that were illegaly constructed, and such work shall be lawfully completed within six (6) months of the approval of this resolution. G. Existing landscaping located between the house and Williamsburg Lane shall be preserved and maintained, to the maximum extent feasible. H. 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 must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. I. 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. J. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. K. 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 Zoning Case. L. The applicant shall execute an Affidavit of. Acceptance of all conditions of this Variance, pursuant to Section 17.38.060, or the approval shall not be effective. M. 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 ,6TH DAY OF NOVEMBER, 1993. ALLAN ROBERTS, CHAIRMAN RESOLUTION NO. 93-34 PAGE 4 ATTEST: hr-J MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ss• I certify that the foregoing Resolution No. 93-34 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT OF A GARAGE INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 495A. was approved and adopted at a regular meeting of the Planning Commission on November 16, 1993 by the following roll call vote: AYES: Commissioners Frost, Hankins, Raine and Chairman Roberts NOES: None ABSENT: None ABSTAIN: Commissioner Lay and in compliance with the laws of California was posted at the following: Administrative Offices EPUTY CITY CLERK ofNe State of County of RECORDING REQUESTED BY AND MAIL^TO: Recorder's Use CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 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). ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss ZONING CASE NO. 495A SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT x I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 6 Williamsburg Lane (Lot 38-RH) Rolling Hills, CA This property is the subject of the above numbered cases. I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 49,7. SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT X I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Print Owner Name Signature Address City/State Print Owner Name Signature Address City/State Signatures must be acknowledged by a notary public. On this the day of the undersigned Notary Public, personally appeared 19_, before me, 0 ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that ,?xecuted it. WITNESS my hand and official seal. 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Date pf Delivery —e�.3 ddressee's Address (Only if requested . and "fee is paid) t .c DOMESTIC RETURN RECEIPT oil for mina Raturn F ACAint SAruire_ I- r Ci1y ol ie0tit4 October 29, 1993 Mr. and Mrs. Nicholas Hornberger 6 Williamburg Lane Rolling Hills, CA 90274 INCORPORATED JANUARY 24 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 SUBJECT: ZONING CASE NO. 495A, Request for a Variance to permit the construction of a garage that will encroach into the front yard setback at an existing single family residence. Dear Mr. and Mrs. Hornberger: This letter shall serve as official notification that Zoning Case No. 495A was APPROVED by the Planning Commission at their regular meeting on October 26, 1993. The final Resolution and conditions of APPROVAL will be forwarded to you after they are signed by the Planning Commission Chairman and City Clerk. The Planning Commission's decision will be reported to the City Council at their regular meeting on November 22, 1993. You should also be aware that the decision of the Planning Commission may be appealed within thirty days after adoption of the Plannina Commission's Resolution (Section 17.54.010(B) of the Rolling Hills Municipal Code). Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Jim Hodgins Mr. W.H. Eastman Printed on Recycled Paper. • • July 20,1993 JULpaa 201993 CITY OE ROLLING HILLS Sy0000000 ................ To: Rolling Hills Planning Commission Re: 6 Williamsburg Lane addition After attending the field trip at 6 Wiliamsburg Lane on July 15, my previous concerns regarding this addition were re -affirmed. The proposed addition will have a floor level at the same height as the existing deck. This will result in an enormous mass adjacent to my property at 8 Williamsburg, since the floor level will be above eye level when standing on our property. This effect will continue not only on the side of the building, but also along the back since the land at 6 Williamsburg drops off very rapidly from the deck to the rear of the property. As fellow residents, I am sure that you will agree that looking at someone else's concrete foundation across one side of your property is not the view that we expect in Rolling Hills. This proposed project is an attempt to completely re -configure the land to force it to become something that it is not, thus causing the structure to totally dominate the land and completely eliminate the rural atmosphere that currently exists. There are plenty of cities in the South Bay that allow structures to take up most of the lot and two story homes to tower over one story homes, but I personally bought in Rolling Hills to avoid this kind of situation. I do not know if the 47% building lot coverage is the problem or not. Even though other houses on Williamsburg Lane may have exceeded the Planning Commission's current criteria of 30 to 35% before these rules were in effect, none have intruded on the privacy of their next door neighbors. Another concern is the two story issue. Although the Planning Commission assures me that they would never allow a two story addition to remain, I cannot help but continue to be concerned since the current owners have already added hundreds of square feet, a several thousand square foot deck and a second story living area, I assume without approval. To me this represents a flagrant disregard for the most fundamental city regulations. In conclusion, I would like to state that I have never objected to any project on Williamsburg Lane and that includes the new house across the • i street and the current construction at 10 Williamsburg. In this case, however, I feel that this project has been proposed with a total disregard for the neighboring property, the Planning Commission regulations, and the preservation of the rural atmosphere of Rolling Hills. I, therefore, respectfully request that you deny it. Sincerely 64,,L Charles Ramsdell • Ci1y 0/ ie0ti4 wee June 17, 1993 Mr. and Mrs. Nicholas Hornberger 6 Williamburg Lane Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 SUBJECT: ZONING CASE NO. 495A, Request for a Variance to permit the construction of a garage that will encroach into the front yard setback, and request for Site Plan Review to permit construction of substantial residential additions to an existing single family residence. Dear Mr,. and Mrs. Hornberger: We have arranged for the Planning Commission to conduct a field inspection of your property to view a silhouette of the proposed project on Thursday, July 15, 1993. The Planning Commission will meet at 5:30 PM at your property. The site must be prepared with a full-size silhouette of the proposed project showing the roof ridae and bearing walls. We have enclosed Silhouette Construction Guidelines. The owner and/or representative should be present to answer any questions regarding the proposal. Feel free to call me at (310) 377-1521.if you have any questions. Sincerely, G44///r4('— LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Jim Hodgins Mr. W.H. Eastman Printed on Recycled Paper. "1I O/ /eOf/Lflg JUL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 SILHOUETTE CONSTRUCTION GUIDELINES 1. When required by the Planning Commission or City Council, a silhouette of proposed construction should be erected for the week preceding the designated Planning Commission or City Council meeting. The Silhouette shall not remain erected for a period longer than one week unless directed by the Planning Commission or City Council. 2. Silhouettes should be constructed with 2" x 4" lumber. Printed boards are not acceptable. 3. Bracing should be provided where possible. 4. Wire, twine or other suitable material should be used to delineate roof ridges and eaves. 5. Small pieces of cloth or flags should be attached to the wire or twine to aid in the visualization of the proposed construction. 6. The application may be delayed if inaccurate or incomplete silhouettes are constructed. 7. If you have any futher questions contact the Planning Department Staff at (213) 377-1521. O. SECTION tit u PLAN • • June 15, 1993 To: Rolling Hills Planning Commission Re: 6 Williamsburg Lane addition I would like to highlight the following points concerning the property at 6 Williamsburg Lane: 1) The buildable pad is 10,144 square feet, not 12,000 square feet. 2) The proposed addition next to 8 Williamsburg Lane will have the floor level 6.5 feet above the natural grade. We will be looking at an enormous mass on top of which will be this new addition. The effect of this is most easily visualized by looking at how far the newly constructed non - permitted deck is above the natural grade. The proposed addition will be far worse, as it continues to the back of the downward sloping property. 3) The new house and garage will be in excess of 47% buildable lot coverage. 4) The cut and fill will far exceed the 237 cu. yds. stated on the plans. There is approximately 2,200 sq. ft. of land that would have to be graded, and 237 cu. yds. of cut and fill will result in only 1 foot of grading in depth. Because the back of the house will have a floor level 6.5 feet above natural grade, it will require at least 3 times as much cut and fill. 5) They have already added 600 sq. ft. to the size of the house giving it an actual size of 3,000 sq. ft. (as currently listed for sale on the Greater South Bay Multiple Listing Service). This results in a 34% current lot coverage including the garage. 6) The proposed addition is at the same height as their existing illegal second story that they recently added. This area, with a window looking down on us and accessed by a stair case, was fully furnished and seen by many Brokers at the Seller's "Broker's Open House". 7) The proposed addition will totally change the rural atmosphere and privacy that we enjoy in Rolling Hills -- we already have a 2 story house looking down on a 1 story house. Thank you for your time and I hope that you will take these facts into consideration in making your final decision in this matter. Sincerely, Charles Ramsdell • City 0 ie0ti ig ...-ndiI S INCORPORATED JANUARY 24, 1957 NOTIFICATION LETTER, March 30, 199? NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Mr. and Mrs. Nicholas Hornberger 6 Williamburg Lane Rolling Hills, ;A 90274 SUBJECT: ZONING CASE NO. 495, Request for Site Plan Review to permit construction of substantial residential additions and a garage space addition to an existing single family residence at 6 Williamsburg Lane (Lot 38-RH). Dear Mr. and Mrs. Hornberger: Your application for Zoning Case No. 495 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday, April 27, 1993. (The Planning Commission usually meets on the 3rd Tuesday of the month. This month only, the Commission will meet on the 4th Tuesday). The meeting will begin at 7:30 PM in the Council Chambers, Rolling Hills City Hall Administration Building, 2 Portuguese Bend Road, Rolling Hills. You or your designated representative must attend to present your project and to answer questions. Additional Information/Requirements: 1. Provide complete 1,000 foot radius map and 2 sets of property owner mailing labels by April 9, 1993. The staff report for -this project will be available at the City Hall after 3:00 PM on Friday, April 23, 1993. Please arrange to pick up the staff report to preview it prior to the hearing. Please call me at (310) 377-1521 if you have any questions. LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Jim Hodgins I. 4.0 Printed on Recycled Paper.