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536, Addition to SFR with encroachm, CorrespondenceCity 0/ Rotting _AIL February 6,1997 Mrs. Doris Beiler-Hozumi P.O. Box 4087 Palos Verdes Estates, 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. 536 9 PACKSADDLE ROAD EAST (LOT 28-SF) RESOLUTION NO. 96-7 Dear Mrs. Beiler-Hozumi: We understand that you are the new owner at the subject address. This letter is to inform you that approvals for applications submitted by Dr. Guy Abraham for property at 9 Packsaddle Road East (Lot 28-SF) are nearing expiration. Nearly one year has elapsed since the approval of Resolution No. 96-7, a resolution of the Planning Commission approving a Variance to encroach into the front yard setback to enclose a stairway between a residence and an attached garage and approving a Variance to encroach into the front yard setback to construct a walled service yard in Zoning Case No. 536. Approvals will expire on March 9, 1997. You can extend 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. Feel free to call me at (310) 377-1521 if you have any questions. Sincerely, LOLA UNGA PRINCIPAL PLANNER Printed on Recycled Paper. Cuy oi Jhfh CER1IFIED MAIL March 15,1996 Dr. Guy Abraham 5 Open Brand Road 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. 536, 9 PACKSADDLE ROAD EAST (LOT 28-SF) RESOLUTION NO. 96-7 Dear Dr. Abraham: This letter shall serve as official notification that Zoning Case No. 536 was APPROVED by the Planning Commission and the enclosed resolution was approved on March 9, 1996 at a regular meeting. The Planning Commission's decision will be reported to the City Council at their regular meeting on March 25, 1996. 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 17.54.010(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. 96-7, 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 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 $7.00 for the first page and $3.00 for each additional page. Printed on Recycled Pat/gr • • 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, LOLA UNGAR PRINCIPAL PLANNER ENC: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 96-7 • EXHIBIT A DEVELOPMENT PLAN APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE. CC Mr. Criss Gunderson • • 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). AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGF -FS ) §§ CITY OF ROILING HILLS ) ZONING CASE NO. ,5 ¢ SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 9 PACKSADDLE ROAD EAST (LOT 28-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. 5.3__E SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Print Print Owner Owner Name Name Signature Signature Address Address City/State City/State Signatures must be acknowledged by a notary public, State of ) On this the _day of County of )§§ , 19_,before me, the undersigned Notary Public, personally appeared ❑ 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 executed it. WITNESS my hand and official seal. Notary's Signature See Exhibit "A" attached hereto and made a part hereof • frxhihif- .� RESOLUTION NO. 96-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO ENCLOSE A STAIRWAY BETWEEN A RESIDENCE AND AN ATTACHED GARAGE AND APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A WALLED SERVICE YARD IN ZONING CASE NO. 536. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Stion 1. Applications were duly filed by Dr. Guy Abraham with respect to real property located at 9 Packsaddle Road East (Lot 28-SF) requesting a Variance to permit a stairway to be enclosed between a residence and an attached garage that will encroach into the front yard setback and a request for a Variance to permit the construction of a walled service yard that will encroach into the front yard setback at an existing residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on January 16,1996 and February 20, 1996, and at a field trip visit on February 3, 1996. 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 setback of 50 feet from the front easement line in the RA-S-1 residential zone. The applicant is requesting to construct an 82 square foot enclosure between a residence and an attached garage that will encroach a maximum of 8 feet into the fifty foot (50') 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 or to the intended use that do not apply generally to the other property or class of use in the same zone because the lot is at the end of a cul- de-sac and the building pad is located close to the street and adjacent residences. The RESOLUTION NO. 96-7 PAGE 1 OF 4 • • existing development pattern on the lot and the sloping rear portion precludes continued expansion of the residence into the rear of the lot. 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 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. There will not be any greater incursion into the front yard setback than already exists. 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. Allowing the proposed incursion into the front yard setback will not allow any greater incursion than already exists. In addition, development on this portion of the pad will allow a substantial portion of the more environmentally significant rear and side portions of the lot to remain undeveloped. Section 5 . Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 536 to permit the encroachment of an 82 .square foot enclosure of a stairway between a residence and an attached garage that will encroach a maximum of 8 feet into the fifty foot (50') front 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 8 of this Resolution. Section 6. Section 17.16.110 requires a front yard of 50 feet from the front easement line in the RA-S-1 residential zone. The applicants are requesting to construct a 96 square foot service yard bordered by a 6 foot wall that will encroach a maximum of seventeen feet (17') into the fifty foot (50') 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 or to the intended use that do not apply generally to the other property or class of use in the same zone because the lot is long and narrow and the building pad 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 into the rear of the lot. 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 manner consistent with the shape of the lot and development of other property on this street justifies this RESOLUTION NO. 96-7 PAGE 2 OF 4 • • additional small incursion into the front yard setback. There will not be any greater incursion into the front yard setback than already exists. 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. Allowing the proposed incursions into the front yard setback will not allow any greater incursion than already exists. In addition, development on this portion of the pad will allow a substantial portion of the more environmentally significant rear and side portions of the lot to remain undeveloped. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 536 to permit the encroachment of a 96 square foot service yard bordered by a 6 foot wall that will encroach a maximum of seventeen feet (17') into the fifty foot (50') front 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 8 of this Resolution. Section 8. The Variance to the front yard setback approved in Section 5 and the Variance to the front yard setback approved in Section 7 are subject to the following conditions: A. The Variance approvals 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 Variance approvals, 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 December 14, 1995 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. 96-7 PAGE 3 OF 4 • • F. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance approvals, or the approvals shall not be effective. G. All conditions of these Variance approvals 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 TODAY OF MARCH, 1996. ALLAN ROBE , CHAIRMAN ATTEST: MARILYN I RN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 96-7 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO ENCLOSE A STAIRWAY BETWEEN A RESIDENCE AND AN ATTACHED GARAGE AND APPROVING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT A WALLED SERVICE YARD IN ZONING CASE NO. 536. was approved and adopted at a regular meeting of the Planning Commission on March 9,1996 by the following roll call vote: AYES: Commissioners Hankins, Raine, Witte and Chairman Roberts. NOES: None. ABSENT: None . ABSTAIN: Commissioner Sommer. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY LERK RESOLUTION NO. 96-7 PAGE4 OF4 • • 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. ROLLING HILLS ZONING 76 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 • • 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 riled within the time limits set forth in the California Code of Civil Procedure, Section 1094.6 ROLLING NILI.S ZONING 78 MAY 24, 1993 0) ar d TOTAL P mPost E .O LL Uf O . P• 852 865 110 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) nt to ,/t a / �Gr�/rGZ {7 lr :D and No. Y �Q� �Q� I I.C..fJ/� P a e and ZIP, iy^od?S, cfJ 52,K 1�o�1,�rb j/ Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date. and Address of Delivery tikt 1116 tlt+of 7,7 /.)0 /,/0 S3,67 M .9 SENDER: H • • Complete Items 1 and/or 2 for additional services. +a • Complete Items 3, end 4a & b. • Print your name and address on the reverse of this form so that we can • return this card to you. • • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. • The Return Receipt will show to whom the article was delivered and the date delivered. 03 m t r. O v a• ir. Guy ® AYavtot- ie t I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: 4a. Artiv~beg 6S �O 1Oyiia->y, W /2o/l;4,3 //,�V/s, C/9 9oa7y cc a 2-c- Alb- 5-36 ignature ( dressee) 8. Addressf's-Add and fee Is paid) gnat re (Agent) 2cc 5 cc 6. 4b. Service Type ❑ j�egistered Certified ❑ Express Mail 7. Date of Deliv, PS Form 3811, December 1991 trU,S. GPO: 1993-352 714 ❑ Insured ❑ COD ❑ Return Receipt Merchandise m V d CO O a t) m 5 m f w for 0 w O 1 ss (Only if requested .x DOMESTIC RETURN RECEIPT .c 1— G HitiW r • DCiu� o/ R0ff4 JiLld rr- February 22,1996 Dr. Guy Abraham 5 Open Brand Road Rolling Hills, CA 90274 SUBJECT: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 ZONING CASE NO. 536, a request for a Variance to permit a stairway to be enclosed between a residence and an attached garage that will encroach into the front yard setback and a request for a Variance to permit the construction of 'a walled service yard that will encroach into the front yard setback for property at 9 Packsaddle Road East, Rolling Hills, CA; more precisely, Lot 28-SF. Dear Dr. Abraham: This letter shall serve as official notification that Zoning Case No. 536 was APPROVED by the Planning Commission at their regular meeting on February 20, 1996. 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 March 25, 1996. You should also be aware that the decision of the Planning Commission may be appealed within thirty (301 days after adoption of the Planning 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. UNGA PRINCIPAL PLANNER cc: Mr. Criss Gunderson .• ®Printed on Recycled Paper, a City Ogt 4 INCORPORATED JANUARY 24, 1957 FIELD TRIP NOTIFICATION NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 January 19,1996 Dr. Guy Abraham 5 Open Brand Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 536, a request for a Variance to permit a stairway to be enclosed between a residence and an attached garage that will encroach into the front yard setback and a request for a Variance to permit the construction of a walled service yard that will encroach into the front yard setback for property at 9 Packsaddle Road East, Rolling Hills, CA; more precisely, Lot 28-SF. Dear Dr. Abraham: We have arranged for the Planning Commission to conduct a field inspection of your property to view a silhouette of the proposed project on Saturday, February 3,.1996. The Planning Commission's timetable is to meet at 7:30 AM at 9 Packsaddle Road East. The site must be prepared according to the enclosed Silhouette Construction Guidelines and the following requirements: • A full-size silhouette must be prepared for ALL STRUCTURES of the project showing the footprints, roof ridges and bearing walls. • Stake or flag the limits of the building pad showing the front setback line. The owner and/or representative should be present to answer any questions regarding the proposal. • Please call me at (310) 377-1521 if you have any questions. Sincerel 1646141-1.-- LOLA M. UNGAR PRINCIPAL PLANNER Enclosure: Silhouette Construction Guidelines cc: Mr. Criss Gunderson ®Punted on Recycled Paper. • City 0/ /eOtfLfl ._Jh/h INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 STATUS OF APPLICATION & NOTIFICATION OF MEETING January 4, 1996 Dr. Guy Abraham 5 Open Brand Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 536, a request for a Variance to permit a stairway to be enclosed between a residence and an attached garage that will encroach into the front yard setback and a request for a Variance to permit the construction of a walled service yard that will encroach into the front yard setback for property at 9 Packsaddle Road East, Rolling Hills, CA; more precisely, Lot 28-SF. Dear Dr. Abraham: Pursuant to state law the City's staff has completed a preliminary review of the application noted above and finds that the information submitted is: X Sufficiently complete as of the date indicated above to allow the application to be processed. Please note that the City may require further information in order to clarify, amplify, correct, or otherwise supplement the application. If the City requires such additional information, it is strongly suggested that you supply that information promptly to avoid any delay in the processing of the application. Your application for Zoning.Case No. 536 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday. January 16,1996. 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. The staff report for this project will be available at the City Hall after 3:00 PM on Friday, January 12,1996. 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. Sincerel %. LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Criss Gunderson ®Printed on Ret;yr.I.d Pane,