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
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• • 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.
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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,