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581, Variance for front yard encroa, Correspondence• • City ol leolting CERTIFIED MAIL July 28, 1998 Mr. and Mrs. B. Allen Lay 19 Caballeros 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 E-mail: cityofrh@aol.com SUBJECT: APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM ZONING CASE NO. 581, 19 CABALLEROS ROAD (LOT 19-SK) RESOLUTION NO. 98-16 Dear Mr. and Mrs. Lay: This letter shall serve to notify you that the Planning Commission adopted a resolution on July 21, 1998 granting a Variance to encroach into the front yard setback to permit the construction of a trellis attached to a single family residence at 19 Caballeros Road (Lot 19-SK), Rolling Hills, CA in Zoning Case No. 581. That action, accompanied by the record of the proceedings before the Commission was reported to the City Council on July 27, 1998. 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 (301 day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Commission's action takes effect. We have enclosed a copy of RESOLUTION NO. 98-16, 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 $9.00 for the first page and $3.00 for each additional page. The City will notify the Los Angeles County Building & Safety Division to issue permits only when the Affidavit of Acceptance is received by us and any conditions of the Resolution required prior to issuance of building permits are met. Pririted on Recycled Paper. • • Please feel free to call me at (310) 377-1521 if you have any questions. LOLA UNGAR PLANNING DIRECTOR ENC: RESOLUTION NO. 98-16 EXHIBIT A DEVELOPMENT PLAN AFFIDAVIT OF ACCEPTANCE FORM APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE. cc: Mr. Jose Sayula, Edward Carson Beall, AIA, and Associates • • When recorded malt to: CITY OF ROLLING HILLS 2 Portuguese Bend Road Rolling Hills, Ca 90274 (310) 377-1521 (310) 377-7288 FAX Space above for Recorder's use (The Registrar -Recorder's Office requires that the form be notarized before recordation). AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGFI .FC ) § § CITY OF ROLLING HILLS ) ZONING CASE NO. 581 SITE PLAN REVIEW 0 VARIANCE • CONDITIONAL USE PERMIT 0 I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 19 CABALLEROS ROAD (LOT 19-SK) 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. 581 SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT O 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 California ) County of Los Angeles ) On before me, , a Notary Public 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 Public See Exhibit "A" attached hereto and made a part hereof • • RESOLUTION NO. 98-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO PERMIT THE CONSTRUCTION OF A TRELLIS ATTACHED TO A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 581. 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. B. Alien Lay with respect to real property located at 19 Caballeros Road (Lot 19-SK) requesting a Variance to encroach into the front yard setback to construct a trellis over an existing paved area and attached to an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on June 16, 1998 and July 21, 1998, and at a field trip visit on July 13, 1998. Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption [State CEQA Guidelines, Section 15303(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 for every residential parcel in the RA- S Zone to be 50 feet from the front easement line. The applicant is requesting to permit the construction of an attached trellis that will encroach up to 6 feet at its base into the 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 irregular in shape and the building pad is located close to the street. The building pad runs across the lot diagonally towards the front lot line making placement of the attached trellis on the pad difficult. Because of the curve of the street, it is exceptionally difficult to make trellis improvements to extend the existing roofline at the southwest without encroachment. • • 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. 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. The proposed attached trellis which is below the road will be screened from view by the existing hillside. In addition, except for the trellis, a substantial portion of the lot will remain undeveloped. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 581 to permit the construction of an 804 square foot trellis that will encroach up to 6 feet at its base into the 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 6 of this Resolution. Section 6. The Variance to the front yard setback approved in Section 5 of this Resolution is 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 June 4, 1998 and marked Exhibit A, except as otherwise provided in these conditions. E. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. RESOLUTION NO. 98-16 PAGE 2 • F. The residential building pad coverage shall not exceed 40.9%. G. Landscaping shall be provided and maintained to obscure the trellis from the views of adjacent properties. H. No grading shall take place on the construction site. I. 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. J. The applicants shall execute an Affidavit of Acceptance of all conditions of these Variance approvals, or the approvals shall not be effective. K. All conditions of this Variance approval must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JULY, 1998. ALLAN ROBERTS, CHAIRMAN ATTEST: • )-4.L.AjtA-) MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 98-16 PAGE 3 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 98-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO PERMIT THE CONSTRUCTION OF A TRELLIS AT A SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 581. was approved and adopted at a regular meeting of the Planning Commission on July 21, 1998 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. DEPUTY CITYZLERK RESOLUTION NO. 98-16 PAGE 4 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 • 17.54.030 C. If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the applicant. 17.54.040 Request for Information Upon receipt of a written and complete appeal application and fee, the City Clerk shall direct the Planning Commission Secretary to transmit to the City Council the complete record of the entire proceeding before the Planning Commission. 17.54.050 Scheduling of Appeal Hearing Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the City Council to occur within 20 days of the filing of the appeal. In the event that more than one appeal is filed for the same project, the Clerk shall schedule all appeals to be heard at the same time. 17.54.060 Proceedings A. Noticing The hearing shall be noticed as required by Section 17.30.030 of this Title. In addition, the following parties shall be noticed: 1. The applicant of the proposal being appealed; 2. The appellant; and 3. Any person who provided oral testimony or written comments to the Planning Commission during or as part of the public hearing on the project. B. Hearing The City Council shall conduct a public hearing pursuant to the provisions of Chapter 17.34 of this Title. The Council shall consider all information in the record, as well as additional information presented at the appeal hearing, before taking action on the appeal. ROLLING HILLS ZONING 77 MAY 24,1993 • 17.54.060 C. Action The Council may act to uphold, overturn, or otherwise modify the Planning Commission's original action on the proposal, or the Council may remand the application back to the Planning Commission for further review and direction. The Council shall make findings to support its decision. D. Finality of Decision The action of the City Council to approve, conditionally approve, or deny an application shall be final and conclusive. E. Record of Proceedings The decision of the City Council shall be set forth in full in a resolution or ordinance. A copy of the decision shall be sent to the applicant or the appellant. 17.54.070 Statute of Limitations Any action challenging a final administrative order or decision by the City made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion regarding a final and non -appealable determination of facts is vested in the City of Rolling Hills, the City Council, or in any of its Commissions, officers, or employees, must be filed within the time limits set forth in the California Code of Civil Procedure, Section 1094.6 78 ROLLING HILLS ZONING MAY 24, 1993 • • City o/ /Collin9. Jh//J FIELD TRIP NOTIFICATION June 18, 1998 Mr. and Mrs. B. Allen Lay 19 Caballeros 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 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 581, a request for a Variance to encroach into the front yard setback to permit the construction of a trellis at an existing single family residence at 19 Caballeros Road (Lot 19-SK), Rolling Hills, CA. Dear Mr. and Mrs. Lay: We have arranged for the Planning Commission to conduct a field inspection of your property to view a silhouette of the proposed trellis on Monday, July 13,1998. The Planning Commission's timetable is to meet at 6:00 PM at your property. The site must be prepared according to the following requirements: • Construct a full-size silhouette of the proposed trellis. 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, LOLA UNGAR PLANNING DIRECTOR cc: Mr. Miles Pritzkat, AIA Printed on Recycled Paper. 1 Ci1y ol�Pl.�,.y Jd.•PP STATUS OF APPLICATION & MEETING NOTIFICATION June 5, 1998 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. B. Allen Lay 19 Caballeros Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 581, a request for a Variance to encroach into the front yard setback to permit the construction of a trellis at an existing single family residence at 19 Caballeros Road (Lot 19-SK), Rolling Hills, CA. Dear Mr. and Mrs. Lay: 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. 581 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday, Tune 16, 1998. 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, June 12, 1998. We will forward a copy to you. Please call me at (310) 377-1521 if you have any questions. Sincerely, LOLA M. UNGAR PLANNING DIRE cc: Mr. Jose Sayula, Edward Carson Beall, AIA, and Associates IS Panted on Recycled Paper.