565, Lot line adjustment merged por, CorrespondenceI 40 NIl( f
B. ALLEN LAY
Mayor
FRANK E. HILL
Mayor Pro Tem
THOMAS F. HEINSHEIMER
Councilmember
JODY MURDOCK
Councilmember
GODFREY PERNELL, D.D.S.
Councilmember
December 3, 1997
• •
City opeollin9 JUL
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
Ms. Peggy Minor
Manager
Rolling Hills Community Association
1 Portuguese Bend Road
Rolling Hills, CA 90274
SUBJECT: PLANNING COMMISSION APPROVAL OF CONDITIONAL
CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT IN
ZONING CASE NO. 565, MR. AND MRS. PHILIP E. CHO, 25
PORTUGUESE BEND ROAD.
Dear Ms. Minor:
The Rolling Hills Planning Commission approved the above referenced Lot Line
Adjustment on November 18, 1997 (Resolution No. 97-27 attached). Following the
affirmative vote on this Resolution, Commissioners discussed the native
vegetation that is located in the newly created easements between Lot 89-A-RH and
Lot 92-2-RH.
When this property was previously under review as a Subdivision, there were
several environmental issues that were addressed by the Planning Commission,
specifically, the maintenance of "Mature Native Vegetation" areas, or "MNVs".
These MNV's are not addressed in the Lot Line Adjustment Resolution due to legal
limitations of the Planning Commission review under this type of land use
application.
The . Planning Commission fully understands that easements are under the
authority of the Rolling Hills Community Association. However, the Commission
requested that staff provide this letter to the Community Association indicating the
Commission's support for the retention of the natural habitat (MNV) in these
easements.
Printed on Recycled Paper.
Ms. Peggy Minor
December 3,1997
Page 2
The applicant's representative, Mr. Doug McHattie of South Bay Engineering, was
present when this issue was discussed. He supported the retention of the habitat
and did not feel the applicants would ever need to clear that easement due to its
location and degree of slope.
The Planning Commission looks forward to reviewing a residential development
application on this property in the future. Should you wish to discuss this further,
please do not hesitate to call. Thank you for your cooperation.
Sincerely,
firms
Craig R. Nealis
City Manager
CRN:mlk
12/3/97ncca-cho.ltr
cc: City Council
Planning Commission
Lola Ungar, Planning Director
Mr. and Mrs. Philip Cho
Mr. Doug McHattie, South Bay Engineering
RESOLUTION NO. 97-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS AUTHORIZING THE ISSUANCE OP A
CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE
ADJUSTMENT FOR PROPERTY AT 25 PORTUGUESE BEND ROAD
IN ZONING CASE NO. 565.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1, An application was duly filed by Mr. and Mrs. Philip E. Cho with
respect to real property located at 25 Portuguese Bend Road (Lots 89-A-RH, 89-C-RH
and a portion of 92-2-RH) requesting a Certificate of Compliance for a Lot Line
Adjustment to move the common side lot lines dividing the two parcels of Lots 89-
A-RH and a portion of Lot 92-2-RH easterly so that a quadrangular portion of
existing Lot 89-A-RH is placed into the portion of Lot 92-2-RH. During the hearing
process, Commissioners discussed the removal of the shed within the side yard
setback on the adjusted Lot 89-A-RH, easements created by the lot line adjustment
and the soil conditions on the adjacent Lot 89-C-RH.
Section 2. California Government Code Subsection 66412(d) authorizes lot
line adjustments without requiring a tentative map, parcel map or final map if: (A)
The lot line adjustment involves two or more existing adjacent parcels, where land
is proposed to be taken from one parcel and added to an adjacent parcel; (B) A greater
number of parcels than originally existed is not thereby created; (C) The lot line
adjustment will create parcels that conform to local zoning and building ordinances;
and (D) The lot line adjustment is approved by the City. The City may impose
conditions on the Lot Line Adjustment in order to make the lot conform to Local
zoning and building ordinances, to require the prepayment of real property taxes
prior to the approval of the Lot Line Adjustment or to facilitate the relocation of
existing infrastructure or easements.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the application at a regular meeting on September 16, 1997 and
October 21,1997 and at a field trip visit on October 18,1997.
Section 4. The Planning Commission finds that the project is categorically
exempt from environmental review under the California Environmental Quality
Act pursuant to a Class 5 exemption provided by Section 15305 of the State CEQA
Guidelines.
Section 5, The Planning Commission has considered the evidence, both
written and oral, presented in connection with this application and finds as follows:
RESOLUTION NO.97-27
PAGE I OF 4
• •
A. Section 16.16.010(B) of the Rolling Hills Subdivision Ordinance and
Section 17.16.060(A) of the Rolling Hills Zoning Ordinance requires that each lot in
any subdivision in the RA-S-2 Zone shall have a net area of not less than eighty-
seven thousand one hundred twenty square feet (2.0 acres). The proposed lot line
adjustment will result in Lot 89-A-RH being 5.11 net acres and the portion of Lot 92-
2-RH being 2.29 net acres exclusive of: (a) any and all perimeter easements measured
to a minimum lineal distance of ten feet perpendicular to the property lines; (b) any
portion of the lot or parcel of land used for roadway purposes; and (c) any private
drive or driveway which provides access to any other lot or parcel of land.
B. Section 16.16.020 of the Rolling Hills Subdivision Ordinance and
Section 17.16.060(B)(3) of the Rolling Hills Zoning Ordinance require that in all cases
where practicable, the sidelines of lots shall be at approximate right angles or radial
to the street upon which such lot fronts. The existing sidelines of both lots are
approximately at right angles or radial to Pheasant Lane. The proposed adjustment
will allow the easterly side lot line of the portion of Lot 92-2-RH to be at right angles
or radial to Pheasant Lane and the front and rear lot lines to be approximately
parallel to Portuguese Bend Road. The proposed adjustment will allow the new
eastern sideline of the portion of Lot 92-2-RH to be approximately parallel to and
radial to the curved portion of Pheasant Lane.
C. Section 16.20.230 of the Rolling Hills Subdivision Ordinance requires
that ten (10) foot wide easements be dedicated for bridle trail and utility purposes
over the strips and portions of land within and abutting upon the sidelines and rear
lines of each lot. The proposed adjustment provides for 25 foot easements on each
side of the adjusted lot line and will result in a 25 foot wide easement along the
westerly side lot line of the adjusted Lot 89-A-RH and a 25 foot wide easement along
the easterly side lot line of the portion of Lot 92-2-RH between Pheasant Lane and to
Portuguese Bend.
D. Conditions have been attached to this approval which provide that it
will not impair or limit the City's application of the Site Plan Review Ordinance to
any future development of Lot 89-A-RH or the portion of Lot 92-2-RH.
Section 6, In accordance with the foregoing findings, a Conditional
Certificate of Compliance for lot line adjustment sought in Zoning Case No 565 as
indicated on the map attached hereto as Exhibit "A" is hereby approved as a
Conditional Certificate of Compliance subject to the following conditions:
A. The shed within the side yard setback of adjusted Lot 89-A-RH shall be
removed prior to recordation of the Conditional Certificate of Compliance.
B. A 20 foot wide easement following the existing driveway across the
northern portion of Lot 92-2-RH shall be dedicated for driveway access to the
residence at adjusted Lot 89-A-RH prior to recordation of the Conditional Certificate
of Compliance. The map attached to the Conditional Certificate of Compliance,
RESOLUTION NO. 97-27
PAGE 2 OF 4
•
referred hereto as Exhibit "A" shall delineate and note the easement specified in this
paragraph.
C. There shall be twenty-five (25) foot easements on each side of the
adjusted lot line within the adjusted boundaries of Lot 89-A-RH and the portion of
Lot 92-2-RH. The map attached to the Conditional Certificate of Compliance,
referred hereto as Exhibit "A" shall delineate and note the easements specified in
this paragraph.
D. The lot line adjustment shall not in any way constitute any
representation that the adjusted Lot 89-A-RH and the adjusted portion of Lot 92-2-
RH can be developed in compliance with current zoning and building ordinance
standards. No development shall occur on the properties without first complying
with all applicable City Building and Zoning requirements and other applicable
rules and regulations.
E. The lot line adjustment shall not in any respect limit or impair the
City's application of the Site Plan Review Ordinance (Ordinance No 221, 1988) to Lot
89-A-RH and the portion of 92-2-RH at such time as an application is made for
development.
F. The Certificate of Lot Line Adjustment shall not be issued until a legal
description complying with the delineation of adjustment, and including, the
removal of the shed specified in Paragraph A, and the required easements as
specified in Paragraphs B and C of Section 6 are submitted to, and approved by the
City. Upon the City's approval of the legal description, the Conditional Certificate of
Compliance shall be issued by the City, shall be recorded by the property owner in
the offices of the Los Angeles County Recorder, and evidence of the recordation
shall be returned to the City.
G. The applicants shall execute an Affidavit of Acceptance of all
conditions or this Lot Line Adjustment shall not be effective.
PASSED, APPROVED AND ADOPTED 0 18 _ D • OF NOVEMBER, 1997.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO.97.27
PAGE 3 OF 4
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 97-27 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A
CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE
ADJUSTMENT FOR PROPERTY AT 25 PORTUGUESE BEND ROAD
IN ZONING CASE NO. 565.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on November 18, 1997 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of Califomia was posted at the following:
Administrative Offices
k
DE 4.- Y CITY CLERK
RESOLUTION NO.97-27
PACE 4 OF 4
• •
City O/ /eO/fLfl -A It INCORPORATED JANUARY 24, 1957
CERTIFIED MAIL
December 1, 1997
Mr. and Mrs. Philip E. Cho
7 Caballeros Road
Rolling Hills, CA 90274
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. 565, a request for a Certificate of Compliance for Lot
Line Adjustment to determine compliance with provisions of the
Subdivision Map Act for property at 25 Portuguese Bend Road (Lots 89-
A-RH, 89-C-RH and a portion of Lot 92-2-RH).
Dear Mr. and Mrs. Cho:
This letter shall serve as official notification that Zoning Case No. 565, a request for a
Certificate of Compliance for Lot Line Adjustment to determine compliance with
provisions of the Subdivision Map Act for property at 25 Portuguese Bend Road, was
APPROVED by the Planning Commission and the enclosed resolution was approved
on November 18, 1997 at a regular meeting. The Planning Commission's decision
was reported to the City Council at their regular meeting on November 24, 1997.
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) The appropriate attached Affidavit of Acceptance Form and the subject
resolution must be filed by you with the County Recorder.
The Certificate of Lot Line Adjustment shall not be issued until the shed within the side
yard setback of adjusted Lot 89-A-RH is removed, a legal description complying with
the delineation of adjustment, and including, the required easements as specified in
Paragraphs B and C of Section 6 of the resolution are submitted to, and approved by
the City. Upon the removal of the shed and the City's approval of the legal description,
the Conditional Certificate of Compliance shall be issued by the City, shall be
recorded by the property owner in the offices of the Los Angeles County Recorder, and
evidence of the recordation shall be returned to the City.
We have enclosed a copy of RESOLUTION NO. 97-27, specifying the conditions of
approval set forth by the Planning Commission and the approved Exhibit A Lot Line
Printed on Recycled Paper.
• •
Adjustment 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 along with 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.
Please feel free to call me at (310) 377-1521 if you have any questions.
Sincerely,
LOLA UNGAR
PLANNING DIRECTOR
ENC: RESOLUTION NO. 97-27
EXHIBIT A LOT LINE ADJUSTMENT PLAN
AFFIDAVIT OF ACCEPTANCE FORM
APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE.
cc: Mr. Douglas McHattie
• •
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
Recorder's Use
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 ANGFI PS
CITY OF ROLLING HILLS
ZONING CASE NO. 565
) §§
SITE PLAN REVIEW 0
VARIANCE g7
CONDITIONAL USE PERMIT 0
LOT LINE ADJUSTMENT III
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
25 Portuguese Bend Road (Lots 89-A-RH, 89-C-RH and a portion of Lot 92-2-RH)
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.565 SITE PLAN REVIEW 0
VARIANCE 0
CONDITIONAL USE PERMIT ❑
LOT LINE ADJUSTMENT III
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
City/State
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On before me,
Address
City/State
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
‘69/e1/T;14
RESOLUTION NO. 97-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A
CONDITIONAL CER 1'INICATE OF COMPLIANCE FOR A LOT LINE
ADJUSTMENT FOR PROPERTY AT 25 PORTUGUESE BEND ROAD
IN ZONING CASE NO. 565.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Philip E. Cho with
respect to real property located at 25 Portuguese Bend Road (Lots 89-A-RH, 89-C-RH
and a portion of 92-2-RH) requesting a Certificate of Compliance for a Lot Line
Adjustment to move the common side lot lines dividing the two parcels of Lots 89-
A-RH and a portion of Lot 92-2-RH easterly so that a quadrangular portion of
existing Lot 89-A-RH is placed into the portion of Lot 92-2-RH. During the hearing
process, Commissioners discussed the removal of the shed within the side yard
setback on the adjusted Lot 89-A-RH, easements created by the lot line adjustment
and the soil conditions on the adjacent Lot 89-C-RH.
Section 2. California Government Code Subsection 66412(d) authorizes lot
line adjustments without requiring a tentative map, parcel map or final map if: (A)
The lot line adjustment involves two or more existing adjacent parcels, where land
is proposed to be taken from one parcel and added to an adjacent parcel; (B) A greater
number of parcels than originally existed is not thereby created; (C) The lot line
adjustment will create parcels that conform to local zoning and building ordinances;
and (D) The lot line adjustment is approved by the City. The City may impose
conditions on the Lot Line Adjustment in order to make the lot conform to local
zoning and building ordinances, to require the prepayment of real property taxes
prior to the approval of the Lot Line Adjustment or to facilitate the relocation of
existing infrastructure or easements.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the application at a regular meeting on September 16, 1997 and
October 21,1997 and at a field trip visit on October 18,1997.
Section 4. The Planning Commission finds that the project is categorically
exempt from environmental review under the California Environmental Quality
Act pursuant to a Class 5 exemption provided by Section 15305 of the State CEQA
Guidelines.
Section 5. The Planning Commission has considered the evidence, both
written and oral, presented in connection with this application and finds as follows:
RESOLUTION NO. 97-27
PAGE 1 OF 4
• •
A. Section 16.16.010(B) of the Rolling Hills Subdivision Ordinance and
Section 17.16.060(A) of the Rolling Hills Zoning Ordinance requires that each lot in
any subdivision in the RA-S-2 Zone shall have a net area of not less than eighty-
seven thousand one hundred twenty square feet (2.0 acres). The proposed lot line
adjustment will result in Lot 89-A-RH being 5.11 net acres and the portion of Lot 92-
2-RH being 2.29 net acres exclusive of: (a) any and all perimeter easements measured
to a minimum lineal distance of ten feet perpendicular to the property lines; (b) any
portion of the lot or parcel of land used for roadway purposes; and (c) any private
drive or driveway which provides access to any other lot or parcel of land.
B. Section 16.16.020 of the Rolling Hills Subdivision Ordinance and
Section 17.16.060(B)(3) of the Rolling Hills Zoning Ordinance require that in all cases
where practicable, the sidelines of lots shall be at approximate right angles or radial
to the street upon which such lot fronts. The existing sidelines of both lots are
approximately at right angles or radial to Pheasant Lane. The proposed adjustment
will allow the easterly side lot line of the portion of Lot 92-2-RH to be at right angles
or radial to Pheasant Lane and the front and rear lot lines to be approximately
parallel to Portuguese Bend Road. The proposed adjustment will allow the new
eastern sideline of the portion of Lot 92-2-RH to be approximately parallel to and
radial to the curved portion of Pheasant Lane.
C. Section 16.20.230 of the Rolling Hills Subdivision Ordinance requires
that ten (10) foot wide easements be dedicated for bridle trail and utility purposes
over the strips and portions of land within and abutting upon the sidelines and rear
lines of each lot. The proposed adjustment provides for 25 foot easements on each
side of the adjusted lot line and will result in a 25 foot wide easement along the
westerly side lot line of the adjusted Lot 89-A-RH and a 25 foot wide easement along
the easterly side lot line of the portion of Lot 92-2-RH between Pheasant Lane and to
Portuguese Bend.
D. Conditions have been attached to this approval which provide that it
will not impair or limit the City's application of the Site Plan Review Ordinance to
any future development of Lot 89-A-RH or the portion of Lot 92-2-RH.
Section 6. In accordance with the foregoing findings, a Conditional
Certificate of Compliance for lot line adjustment sought in Zoning Case No 565 as
indicated on the map attached hereto as Exhibit "A" is hereby approved as a
Conditional Certificate of Compliance subject to the following conditions:
A. The shed within the side yard setback of adjusted Lot 89-A-RH shall be
removed prior to recordation of the Conditional Certificate of Compliance.
B. A 20 foot wide easement following the existing driveway across the
northern portion of Lot 92-2-RH shall be dedicated for driveway access to the
residence at adjusted Lot 89-A-RH prior to recordation of the Conditional Certificate
of Compliance. The map attached to the Conditional Certificate of Compliance,
RESOLUTION NO. 97-27
PAGE 2 OF 4
referred hereto as Exhibit "A" shall delineate and note the easement specified in this
paragraph.
C. There shall be twenty-five (25) foot easements on each side of the
adjusted lot line within the adjusted boundaries of Lot 89-A-RH and the portion of
Lot 92-2-RH. The map attached to the Conditional Certificate of Compliance,
referred hereto as Exhibit "A" shall delineate and note the easements specified in
this paragraph.
D. The lot line adjustment shall not in any way constitute any
representation that the adjusted Lot 89-A-RH and the adjusted portion of Lot 92-2-
RH can be developed in compliance with current zoning and building ordinance
standards. No development shall occur on the properties without first complying
with all applicable City Building and Zoning requirements and other applicable
rules and regulations.
E. The lot line adjustment shall not in any respect limit or impair the
City's application of the Site Plan Review Ordinance (Ordinance No 221, 1988) to Lot
89-A-RH and the portion of 92-2-RH at such time as an application is made for
development.
F. The Certificate of Lot Line Adjustment shall not be issued until a legal
description complying with the delineation of adjustment, and including, the
removal of the shed specified in Paragraph A, and the required easements as
specified in Paragraphs B and C of Section 6 are submitted to, and approved by the
City. Upon the City's approval of the legal description, the Conditional Certificate of
Compliance shall be issued by the City, shall be recorded by the property owner in
the offices of the Los Angeles County Recorder, and evidence of the recordation
shall be returned to the City.
G. The applicants shall execute an Affidavit of Acceptance of all
conditions or this Lot Line Adjustment shall not be effective.
PASSED, APPROVED AND ADOPTED 0 E 18 D • . OF NOVEMBER, 1997.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 97-27
PAGE 3 OF 4
• •
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
)
) §§
I certify that the foregoing Resolution No. 97-27 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A
CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE
ADJUSTMENT FOR PROPERTY AT 25 PORTUGUESE BEND ROAD
IN ZONING CASE NO. 565.
was approved and adopted at an adjourned regular meeting of the Planning
Commission on November 18, 1997 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None .
ABSENT: None .
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
1� A-^ .1/1//
DEPUTY CITY CLERK
RESOLUTION NO. 97-27
PAGE 4 OF 4
w
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 34.1993
17S4.0
•
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 1730.030 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 1734 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 TONING
77 MAY 24, 1993
• •
1734.050
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
d
F.
0
0
P 852 565 236
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October 23, 1997
City O/ ieti ✓� /LS 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
Mr. and Mrs. Philip E. Cho
7 Caballeros Drive
Rolling Hills, CA 90274
SUBJECT: ZONING CASE NO. 565, a request for a Certificate of Compliance for Lot Line
Adjustment to determine compliance with provisions of the Subdivision Map
Act for property at 25 Portuguese Bend Road (Lots 89-A-RH, 89-C-RH and a
portion of Lot 92-RH).
Dear Mr. and Mrs. Cho:
This letter shall serve to notify you that the Planning Commission voted at their regular meeting
on October 21, 1997 to direct staff to prepare a resolution to approve request for a
Certificate of Compliance for Lot Line Adjustment to determine compliance with
provisions of the Subdivision Map Act at your property in Zoning Case No. 565 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 (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.
The Planning Commission's action taken by resolution approving the development application
is tentatively scheduled for November 18,1997. 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 November 24, 1997.
Feel free to call me at (310) 377-1521 if you have any questions regarding this matter.
Sincerely,
p /gy.
LOLA M. UNGAR
PLANNING DIRECTOR
cc: Mr. Douglas McHattie, South Bay Engineering
Printed on Recycled Paper.
•
City ol
FIELD TRIP NOTIFICATION
September 23,1997
Mr. and Mrs. Philip E. Cho
7 Caballeros Drive
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. 565, a request for a Certificate of Compliance for
Lot Line Adjustment to determine compliance with provisions of the
Subdivision Map Act for property at 25 Portuguese Bend Road (Lots 89-
A-RH, 89-C-RH and a portion of Lot 92-RH).
Dear Mr. and Mrs. Cho:
We have arranged for the Planning Commission to conduct a field inspection of
your property to view a staking of the Lot Line Adjustment on Saturday, October 18,
1997.
The Planning Commission will meet at 7:30 AM at 25 Portuguese Bend Road.
The site must be prepared according to the following requirements:
• Stake the limits of the property lines, easements, setbacks, proposed building
pad(s) and stable and corral pad.
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.
Sincerely,
oa
LOLA M. UNGAR
PLANNING DIRECTOR
cc: Mr. Douglas McHattie
Printed on Recycled Paper.
•
City 0/ iofL JJ,•f!
NOTIFICATION LETTER
September 3, 1997
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
Mr. and Mrs. Philip E. Cho
7 Caballeros Drive
Rolling Hills, CA 90274
SUBJECT: ZONING CASE NO. 565, a request for a Certificate of Compliance for
Lot Line Adjustment to determine compliance with provisions of the
Subdivision Map Act for property at 25 Portuguese Bend Road (Lots 89-
A-RH, 89-C-RH and a portion of Lot 92-RH).
Dear Mr. and Mrs. Cho:
Your application for Zoning Case No. 565 has been set for public hearing
consideration by the Planning Commission at their meeting on Tuesday. September
16.1997.
The meeting will be in the Council Chambers, Rolling Hills City Hall
Administration Building, 2 Portuguese Bend Road, Rolling Hills at 7:30 PM.
You or your designated representative must attend to present your project at the
meeting and to answer questions.
The staff report for this project will be available at the City Hall after 3:00 PM on
Friday, September 12, 1997. 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
PLANNING DIRECTO
cc: Mr. Douglas McHattie
Printed on Recycled Paper.