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759, To retain an as built waterfal, CorrespondenceOctober 15, 2008 • Cit ol�olliaag Jh/t dt'" Mr. Charles Soderstrom 3324 Crownview Dr. Rancho Palos Verdes, CA 90274 ZONING CASE NO. 759. Request for a Variance Dear Mr. Soderstrom: • INCORPORATED .JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 This letter shall serve to notify you that the City Council at their regular meeting on October 13, 2008 received and filed the Planning Commission resolution granting your request in Zoning Case No. 759. Please review the Resolution and the conditions and assure that during construction the contractor adheres to the conditions of the Resolution. The decision shall become effective thirty days after the adoption of the resolution by the Planning Commission, unless an appeal has been filed to the City Council within that thirty (30) day appeal period. Before this case takes effect you are required to record an Affidavit of Acceptance Form together with the subiect Resolution in the Office of the County Recorder. Please make a copy of the Resolution for your files. I am enclosing a copy of RESOLUTION NO. 2008-16, specifying the conditions of approval set forth by the Planning Commission. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward, (or hand deliver), the completed form and the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East imperial Highway Norwalk, CA 90650 OR LAX Courthouse 11701 S. La Cienega Blvd. 6th Floor Los Angeles, CA 90045 310-727-6142 Mon -Fri 8:30 a.m. to 11:00 a.m. and 1:00 p.m. to 3:30 p.m. Include a check in the amount of $10.00 for the first page and $3.00 for each additional page. Do not record the plan. Printed on Recycled Paper . Please feel free to call me at (310) 377-1521 if you have any questions. Si c ely, Yoa to Schwartz PI 0/iing Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2008-16 ‘1W • 4 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 q+ RECORDER'S USE ONLY 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. 759 VARIANCE XX I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 5 CREST ROAD WEST, ROLLING HILLS, (LOT 55-B-MS) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 759 VARIANCE XX I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. 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 RESOLUTION NO. 2008-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO RETAIN AN "AS BUILT" WATERFALL AND WATER SLIDE IN THE SIDE AND REAR YARD SETBACKS, AND AN UNDER THE DECK POOL EQUIPMENT IN THE REAR YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 759, AT 5 CREST ROAD WEST, (LOT 55-B-MS), (SODERSTROM). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Charles Soderstrom with respect to real property located at 5 Crest Road West, Rolling Hills (Lot 55-B-MS) requesting to retain an "as built" 409 square foot waterfall and water slide in the side and rear yard setbacks, and an 84 square feet under the deck pool equipment in the rear yard setback at an existing single family residence. Section 2. The applicant is in the process of substantially remodeling the existing residence, pool and previously approved 450 square foot waterfall and other water features (ponds) on the property. The existing waterfall is located in the side yard setback for which a Variance was granted in 1985. While renovating the pool area and the existing rock structures, the applicant constructed 409 square foot additional waterfall and water slide structure to the north of the existing waterfall, also in the side and rear yard setbacks, without the benefit of approval or building permit. The applicant is also proposing to relocate the pool equipment into the slope in the rear setback. Only the door to the pool equipment area would be visible from the outside. The pool equipment itself would be located under an existing deck. Section 3. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip visit and at their regular meeting on August 19, 2008. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants' representatives were in attendance at the hearings. The field trip public hearing and the regular meeting of the Planning Commission were properly noticed. The neighbor to the immediate west of the subject property expressed that he does not object to this development, as long as it is well screened and the pool equipment is relocated so that it does not interfere with the tranquil environment on his property. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, 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 Reso. 2008-16 ZC NO.759 1 • C1t ol wee, September 17, 2008 Mr. Charles Soderstrom 3324 Crownview Dr. Rancho Palos Verdes, CA 90274 ZONING CASE NO. 759. Request for a Variance Dear Mr. Soderstrom: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377.1521 FAX: (310) 377.7288 This letter shall serve to notify you that the Planning Commission adopted a resolution on September 16, 2008 granting your request for a Variance in Zoning Case No. 759. A copy of the resolution was mailed to you with the staff report for the 9/16/08 Planning Commission meeting. That action, accompanied by the record of the proceedings before the Commission will be reported to the Citv Council on October 13. 2008 at their regular meeting beginning at 7:30 PM. You or your representative should be present to answer anv questions the Council may have. 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. The staff report to the City Council will be mailed to you on Friday, October 10, 2008. After the City Council's action, I will forward to you instructions for recordation of the Affidavit Of Acceptance Form and the Resolution. Please feel free to call me at (310) 377-1521 if you have any questions. Sinc rely, r f Yglanta Schwartz Planning Director 0 Printed on Recycled Paper • City all2leng Jh/II August 22, 2008 Mr. Charles Soderstrom 3324 Crownview Drive Rancho Palos Verdes, CA 90275 ZONING CASE NO. 759. Request for a Variance. Dear Mr. Soderstrom: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 This letter shall serve to notify you that the Planning Commission voted at their regular meeting on August 19, 2008 to direct staff to prepare a resolution to approve your request in Zoning Case No. 759. The Planning Commission will review and consider the draft resolution, together with conditions of approval, at an upcoming meeting on September 16, 2008 and make its final decision on your application at that meeting. The findings and conditions of approval of the draft resolution will be forwarded to you before the Planning Commission meeting for your review. When vou receive the report. please read the resolution and especially the conditions. as vou will be required to sign, notarize and record an affidavit that vou accept all of the conditions. The decision of the Commission will become effective thirty days after the adoption of the Planning Commission's resolution unless an appeal is filed or unless the City Council takes jurisdiction of the case within that thirty (30) day appeal period. As stated above, the Planning Commission's meeting to consider the resolution of approval is scheduled for Tuesday, September 16, 2008 at 6:30 P.M. After the Planning Commission adopts the resolution, that action, accompanied by the record of the proceedings will be forwarded to the City Council as a report. Your case is tentatively, scheduled to be placed as a report item on the City Council's agenda at their regular meeting on Monday, October 13, 2008. Please do not commence anv work on the water features until after the City Council reviews the report. If the Citv Council does not agree with the Planning Commission's decision. they may take the case under jurisdiction (appeal) and the process of review would start anew. Should the project be approved, you will be required to obtain a building permit for the water features, as they were not a part of the permit for the swimming pool. In addition, during the field visit, staff noticed trellises along the path behind the patio. Those trellises were not included in the calculations of structures, when you submitted your calculations for the water features and our records show that here is no building permit for these trellises. Therefore,. please provide me with the square footage of the 0 Printed on Recycled Paper • • trellises, so that we can keep an accurate record of all of the structures on your property. You will also be required to obtain a building permit for the "as built" trellises. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sinc SL /ants Schwartz anning Director cc: Jim Sarmast, contractor