623, Construct a 2-horse barn with , Correspondenceaiy 0/ 12.111.9. ,A1/6
August 24, 2001
Mrs. Claudia Bird
4 Storm Hill 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
E-mail: cityofrh@aol.com
SUBJECT: EXPIRATION OF APPROVALS FOR ZONING CASE NO. 623
4 STORM HILL LANE — NEW BARN IN THE FRONT YARD
RESOLUTION NO. 2000-29
Dear Mrs. Bird:
This letter is to inform you that it has been almost one year since the approval of
Zoning Case No. 623 by the Planning Commission. Approvals will expire on
November 21, 2001.
According to the Los Angeles County Building and Safety Department you have not
initiated grading or construction for the new barn.
You can extend the approvals for one year only if you apply to the Planning
Commission in writing to request an extension prior to the expiration date. The filing
fee for the time extension is $200 to be paid to the City of Rolling Hills.
In addition, please be advised that the City of Rolling Hills did not receive a recorded
Affidavit of Acceptance of Conditions of Approval form and Resolution. Please follow
up on the recordation of these documents as soon as possible.
Feel free to call me at (310) 377-1521 if you have any questions.
Si
y
c;
Yif anta Schwartz
incipal Planner
Cc: David Albert
@ Printed on Recycled f'ci;u;i.
City
November 29, 2000
Mrs. Claudia Bird
4 Storm Hill Lane
Rolling Hills, CA 90274
./ Ie./tiny
CERTIFIED MAIL
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) \377.7288
E mail: cityofrh@aol.com
SUBJECT: APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM
ZONING CASE NO. 623, 4 STORM HILL LANE (LOT 169-A-MS)
RESOLUTION NO. 2000-29
Dear Mrs. Bird:
This letter shall serve to notify you that the Planning Commission adopted a
resolution on November 21, 2000, (1) granting a Variance to encroach into the
front yard to construct a barn at an existing single family residential
development at 4 Storm Hill Lane in Zoning Case No. 623. That action,
accompanied by the record of the proceedings before the Commission was
reported to the City Council on November 27, 2000.
The Planning Commission's decision in this matter shall become effective thirty
days after the adoption of the resolution by the Commission, unless an appeal
has been filed or the City Council takes jurisdiction of the case within that thirty
(30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal
Code). Should there be an appeal, the Commission's decision will be stayed
until the Council completes its proceedings in accordance with the provisions of
the Municipal Code.
If no appeals are filed within the thirty (30) day period after adoption of the
Planning Commission's resolution, the Planning Commission's action will
become final and you will be required to cause to be recorded an Affidavit of
Acceptance Form together with the subject resolution in the Office of the
County Recorder before the Commission's action takes effect.
We have enclosed a copy of RESOLUTION NO. 2000-29, 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
®Printed on Recycled Paper.
•
FORM, have the signature(s) notarized, and forward the completed form and a
copy of 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 $9.00 for the first page and $3.00 for each
additional page.
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,
7)
e ter -
Lola Ungar
Planning Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 2000-29
APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE
EXHIBIT "A" DEVELOPMENT PLAN
cc: Mr. David Albert
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
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. 623
§§
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
LOT LINE ADJUSTMENT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
4 STORM HILL LANE (LOT 169-A-MS), ROLLING HILLS, CA.
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. 623
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT •
LOT LINE ADJUSTMENT
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
L
L
T Recorders Use Only
Signature Signature
Name typed or printed Name typed or printed
Address Address
City/State City/State
Signatures must be acknowledged by a notary public.
State of California
County of Los Angeles )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness by hand and official seal.
Signature of Notary
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
�. " h;/ '; i ts,7 k
RESOLUTION NO. 2000-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE FRONT YARD TO CONSTRUCT A BARN AT A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING
CASE NO. 623. .
THE PLANNING COMMISSION OF THE CITY OF ROLLING HELLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed ,by Mrs. Claudia Bird, with respect to
real property located at 4 Storm Hill Lane, (Lot 169-A-MS), Rolling Hills, requesting a
Variance to encroach into the front yard to construct. a barn at an existing single family
residential development.
Section 2. The Planning Commission conducted a duly noticed public hearing
to consider the application on October 17, 2000 and November 21, 2000. The Planning
Commission did not find it necessary to conduct a field inspection of the property. The
applicants were notified of the public hearing in writing by first class mail and through
the City's newsletter. Evidence was heard from members of the City staff, the
applicant's representative, and the Planning Commission reviewed, analyzed and
studied the project.
Section 3. On March 19, 1985, Mr. and Mrs. James Bird were granted a
Conditional Use Permit for a pool house and tennis court in Zoning Case No. 309 with
standard conditions for tennis courts and guest houses/servants quarters. The existing
residence was completed in 1986 and the pool house was completed in 1989. (Site Plan
Review was adopted in 1988). On May 19, 1998, the Planning Commission granted a
request for a Variance to permit encroachments into the front yard for a barn, corral,
and riding ring, and granted a request for Site Plan Review approval to permit grading
for the barn, corral, riding ring, and horse exercise area.
Section 4. The Planning Commission finds that the project qualifies as a Class 3
Exemption [The State CEQA Guidelines, Section 15303 (New Construction or
Conversion of Small Structures)] 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. A Variance to Section 17.16.200(A)(3) is required because
it states that no corral, pen, stable, barn, or other similar holding facility shall be
permitted in the front yard. The applicant is requesting a Variance to encroach 110 feet
into the front yard to construct a 449 square foot barn in the existing horse exercise area
at an existing single family residential development. With respect to this request for a
Variance, the Planning Commission finds as follows:
RESOLUTION NO. 2000-29
PAGE 1 OF 5
•
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. The topography of the site prevents
the construction of a barn in the rear yard. The rear and side yards slope down to a
canyon and Johns Canyon Road, respectively, thereby precluding the creation of a flat
area for a barn in the rear and side yards. A barn, corral, and riding ring exist in the
front yard. The steep slope on the majority of the property at the rear and a proposed
subdivision at the east side of the property will restrict the property owner from
constructing buildings in the east yard. Therefore, the proposed location in the front
yard is the only site capable of accommodating the proposed barn.
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
General Plan and Zoning Ordinance encourage the inclusion of horsekeeping facilities
on properties in the City of Rolling Hills and while the property is sufficient in size to
accommodate the proposed additional facility, an additional barn could not feasibly be
located in the rear or side yards.
C. The granting of the Variance will 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. The Variance will permit the construction of a barn
which will not adversely affect or be materially detrimental to adjacent uses, buildings,
or structures because the proposed barn will be constructed below the. residential
building pad and is a sufficient distance from nearby residences so that the proposed
barn will not impact the view or privacy of surrounding neighbors. Development of
the barn will allow a substantial portion of the lot to remain undeveloped.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 623 to encroach into the front yard
to construct a barn at an existing single family residential development as indicated on
the development plan dated September 28, 2000, submitted with this application and
incorporated herein by reference as Exhibit A, and is subject to the following conditions:
A. This Variance approval shall expire within one year from the effective
date of approval if construction pursuant to these approvals has not commenced within
that time period, as required by Section 17.38.070, or otherwise extended the Variance
pursuant to the requirements of that section.
B. It is declared and made a condition of the Variance 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, 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.
RESOLUTION NO. 2000-29
PAGE 2 OF 5
• •
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located shall be complied
with unless otherwise set forth in this permit or approved by variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan dated September 28, 2000, and marked Exhibit A, except as. otherwise
provided in these conditions.
E. 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.
F. The structural lot coverage shall not exceed 4.5% and the total lot
coverage shall not exceed 10.1%.
G. The residential building pad coverage. shall not exceed 21.8%, tennis court
and pool house pad coverage shall not exceed 57.3%, large barn building pad coverage
shall not exceed 21.5%, and the proposed small barn building pad coverage shall not
exceed 15.0%. Total building pad coverage shall not exceed 29.0%.
H. The maximum disturbed area shall not exceed 19.1% of the net lot area.
I: The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
J. 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, and objectionable odors shall be required.
K. During construction, the Erosion Control Plan containing the elements set
forth in Section 7010 of the 1996 County of Los Angeles Uniform Building Code shall be
followed to minimize erosion and to protect slopes and channels to control stormwater
pollution as required by the County of Los Angeles.
L. 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.
M. 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.
N. 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 septic tanks.
RESOLUTION NO. 2000-29
PAGE 3OF5
• •
• O. 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.
P. , 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.
Q. 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 shall be submitted to the Rolling Hills Planning Department staff
for their review and approval. Cut and fill slopes shall not exceed a steepness of a 2 to 1
slope ratio.
R. 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.
S. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the project which would constitute additional
structural development shall require the filing of a new application for approval by the
Planning Commission.
T. The approval shall not be effective until the applicant executes an Affidavit
of Acceptance of all conditions of the Variance approval, or the approval shall not be
effective.
U. All conditions of the Variance approval that apply must be complied with
prior to the issuance of a building or grading permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 21ST DAY PIQVIrIYER, 2000.
u 4
ALLAN ROBERTS, CHAIRMAN
A'1 IEST:
"4 K k'
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 2000-29
PAGE 4 OF 5
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2000-29 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE FRONT YARD TO CONSTRUCT A BARN AT A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AT 4 STORM HILL LANE IN ZONING
CASE NO. 623.
was approved and adopted at a regular meeting of the Planning Commission on
November 21, 2000 by the following roll call vote:
AYES: ` Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None.
ABSENT: Nohe .
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN KE , DEPUTY CITY CLERK
RESOLUTION NO. 2000-29
PAGE5OF5
1
•
17.54.010
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 17.30.030 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
17.54.030
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.
ROLLING HILLS ZONING
77 MAY 24, 1993
• •
17.54.060
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
1
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❑ Attach this card to the back of the mailpiece,
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•
City 0/ Ro eene Jhff.
October 24, 2000
Mrs. Claudia Bird
4 Storm Hill 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
E-mail: cityofrh@aol.com
SUBJECT: Zoning Case No. 623, Request for a Variance to encroach into the front yard to
construct a barn at an existing single family residential development.
Dear Mrs. Bird:
This letter shall serve to notify you that the Planning Commission voted at their regular meeting
on October 17, 2000 to direct staff to prepare a resolution to approve your request for a Variance
to encroach into the front yard to construct a barn at an existing single family residential
development at 4 Storm Hill Lane (Lot 169-A-MS) Rolling Hills in Zoning Case No. 623 and shall
be confirmed in the draft resolution that is being prepared. The Planning Commission will review
and consider the draft resolution, together with conditions of approval, at an upcoming meeting
and make its final decision on your application at that subsequent meeting.
The findings and conditions of approval of the draft resolution will be forwarded to you before
being signed by the Planning Commission Chairman and City Clerk.
The decision shall become effective thirty days after the adoption of the Planning Commission's
resolution unless an appeal has been filed or the City Council takes jurisdiction of the case within
that thirty (301 day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code).
Should there be an appeal, the Commission's decision will be stayed until the Council completes
its proceedings in accordance with the provisions of the Municipal Code.
The Planning Commission's action taken by resolution approving the development application is
tentatively scheduled for Tuesday, November 21, 2000. That action, accompanied by the record
of the proceedings before the Commission, is tentatively scheduled to be placed as a report item
on the City Council's agenda at the Council's regular meeting on Monday, November 27, 2000.
Feel free to call me at (310) 377-1521 if you have any questions regarding this matter.
Sincerely,
Lola M. Ungar
Planning Director
cc: Mr. David Albert
Printed on Recycled Paper.
•
From the desk of Claudia gird
October 2, 2000
CITY OF ROLLING HILLS
PLANNING COMMISSION
Dear Honorable Commissioners,
U C T Q 5 2000
CITY OF:ROLLING .HILLS
I have just purchased another two horses. We now have a horse for each one of
our family members. As you can see by the proposed variance request, I need another
two horse small barn that is only 449 square feet to accommodate the two new horses.
The proposed barn will not require any grading. Due to the unique configuration of my
property, the entire equestrian area now sits in my front yard area. My dilemma is that
winter is approaching rapidly and I would like to have this proposed barn built before the
heavy rains hit in December and January.
I am respectively asking the planning commission if they could forgo the field trip
process. I feel this commission is very familiar with our equestrian area and that this
would save me thirty days in the planning process. If this cannot be done I will fully
understand. Your help on this matter will be greatly appreciated not only by myself but
also by my two new quarter horses.
Sincerely,
Claudia Bird