The URL can be used to link to this page

none, CUP to replace an existing sta, CorrespondencerCity .1) leoffiny JUL November 10, 1999 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: REFUND OF FEES 8 BUGGY WHIP DRIVE Dear Mr. Kim: 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 We have inspected the site and determined that the removal of the stone wall set in concrete at the south side of your property that was constructed without permits has been removed and a Variance required for a structure in a setback is no longer necessary. For that reason, we enclose a refund check in the amount of $1.450.00 that you paid to the City of Rolling Hills for an application for a Variance and Environmental Review on July 19, 1999. Please call me at (310) 377-1521 if you have any questions. Thank you for your cooperation. Sincerly, 4 Q / 1 Lola M. Ungar Planning Director cc: Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Manager, Rolling Hills Community Association Manager Mr. Roger Vink, Architectural Foreman, RHCA Mr. Rafael Bernal, District Engineering Associate, L.A. County Building and Safety, Lomita Office Mr. Jan Janura Mr. Alfred Visco, Attorney Printed an Recycled Paper. ° ;�ki({T(�`,r, i•.,:•,i1fL1.�;r4 a `;,li��- ,'�;I .1lir t.�dY,�% tl •1" * r,.!. . :wffi�.t u'.;,..'"""'`s�":s.:'+��';:t�s�>z:��w+:��:.�,"'�': I .1�. T�:�� .�i-�I+'b'-. �..;� :L..'... �`-tT,-.r:. i13.�1:. :a�, ,r�?'�Ti�f�:L•�'•T`ll� � �a�a;ss�s :�:�a'� .a:�;..� UNION BANK OF'CA RNIA NUMBER LECITY OF ROLLINWLLS Palos verses center 2 PORTUGUESE BEND ROAD 507 Silver Spur Roai ROLLING HILLS, CA 90274 Rolling Hills Estates; CA' 16-49/1220 PAY ************ One Thousand Four Hundred Fifty and` TO THE ORDER OF Kim, See Myun 8 Buggy Whip Drive Rolling Hills, CA 90274 -. Lr ti>_ at'!.i.','t'tiPa%(i fiiV, itititil!.II ilit :' a 1: rwalvb'_se. i „lA!:7i1►'...,_..c 1110L297611' i:L220004961:0732002L7511' CITY OF ROLLING HILLS Kim, See Myun INVOICE NO #6960 Refund 12976 /1.00 *"************., AUTHORIZED SIGN ►y:u'l'r+y #� 't pa''d?r m. 't:e s e� J'� :,� u •wa-4,4" NUMBER ATURE 12976 Nov 8 99 GROSS AMT DISCOUNT NET 0.00 1,450.00 1,450.00 Auditedand approved for payment : CITY OF ROLLING HILLS Kim, See Myun INVOICE NO #6960 Refund k18 NUMBER 12976 Nov 8 99 GROSS AMT DISCOUNT NET 1,450.00 0.00 1,450.00 Audited and approved for payment : k18 1,450.00 AUTH SIGNATURE gad(/(tllt( iiiii Li; I.!ll5, \ F.I :; i G.c ;i:)„I971 M97SF016535M 10/97 • • City `i2lP•,.g JUL October 28, 1999 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING VIOLATION 8 BUGGY WHIP DRIVE (LOT 247-B-2-MS) Dear Mr. Kim: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cit"ofrh@aol.com Thank you for your letter which you delivered today informing us that you w II demolish and remove the illegal wall at the southeast side of your property bl Saturday, November 6,.1999. We have been attempting to gain compliance regarding the illegal wall since September, 1998. Let us remind you that the November 6th deadline must be adhered to or enforcement.. proceedings with the District Attorney will be initiated. Following the removal of the wall and upon inspection, the City will refund fees that you paid for a potential Variance that will no longer be necessary. Feel free to call me if you have questions regarding this matter. Thank you for your cooperation. Sincerely, Lola Ungar , Planning Director cc: Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Manager, Rolling Hills Community Association Manager Mr. Roger Vink, Architectural Foreman, RHCA Ms. Lata Thakar, District Engineer, L.A. County Building and Safety, Lomita Office Mr. Rafael Bernal, District Engineering Associate, L.A. County Building and Safety, Lomita Office Mr. Jan Janura Mr. Alfred Visco, Attorney Printed on Recycled Piper. r elty Roiling THOMAS F. HEINSHEIMER Mayor GODFREY PERNELL, D.D.S. Mayor Pro Tem FRANK E. HILL Councllmember B. ALLEN LAY Councllmember JODY MURDOCK. '. Councllmember September 30, 1999 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274 file& 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 VIOLATIONS 8 BUGGY WHIP DRIVE (LOT 247-B-2) Dear Mr. Kim: J Thank you for contacting me on Thursday,: September 30, 1999 relating to the illegal retaining wall built on your property. Previously, you had indicated that you were working with the Community Association to seek permission to construct a wall within the easement. It is our understanding that this approval has been denied. However, you indicated to me verbally that you will be appealing to the RHCA Board of Directors to allow you to pile a stone wall without a foundation, entirely on your property. We have been working patiently with you to resolve this matter. Therefore, please report your activities with the Community Association and/or your actions that you have taken to remove the illegal wall to this office no later than Wednesday, October 27, 1999, by 5:00 p.m. You must understand that we have been diligently waiting for you to proceed, with a Variance application or to remove the illegal wall. Although we will hold your Variance application as you have requested, we will not be in a position to continue holding this application or permitting the illegal wall to remain after the October 27th deadline. Printed on Recycled Paper. Mr. See Myun Kim September 30,1999 Page 2 We urge you to settle this matter as soon as possible. If this matter is unresolved by October 27th, we may be placed in a position with no other alternative but to present this case to the District Attorney for consideration of prosecution. Should you wish to discuss this further, please do not hesitate to call. Sincerely, 7Ut* Craig R. Nealis City Manager CRN:mlk 09/30/99kim.ltr cc: Lola Ungar, Planning Director Mr. Jan janura Ms. Peggy Minor, RHCA • • City IJiL Jijh June 29, 1999 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274. SUBJECT: ZONING VIOLATIONS 8 BUGGY WHIP DRIVE (LOT 247-B-2) Dear Mr. Kim: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)1377.1521 FAX: (310) 377-7288 E-mail: cltyofrh@aol.com Thank you for your letter of June 19, 1999 addressing the zoning violations that you propose to bring into compliance at your property. We know that you are working with the Rolling Hills Community Association to expand the garage at your property, a portion of which you erected as a carport without appropriate permits. Let us remind you that the carport "Stop Work Order" is still in force and City approval and permits are still required for the garage expansion. We understand that you are going to demolish the illegal retaining wall and are working with the Community Association to resolve this issue. We would also like to remind you to check with the City of Rolling Hills and the Community Association before initiating any construction work at your property. Please contact this office within the next thirty days (bv July 27. 19991 to inform us of any planned action. We will be glad to assist you or your representative with the preparat on of any required applications. Should you have any questions regarding proposed construction or the Planning Commission review process, please feel free to call us at City Hall at (310) 377-1521. Sincerely, Lola Ungar Planning Director cc: Mr. Craig Nealis, City Manager -Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Manager, Rolling Hills Community Association Manager Mr. Roger Vink, Architectural Foreman, RHCA Ms. Lata Thakar, District Engineer, L.A. County Building and Safety, Lomita Office Mr. Rafael Bernal, District Engineering Associate, L.A. County Building and Safety, Lomita Office Prir ted on Recycled Paper. • 0/ �Ottifl ittd INCORPORATED JANUARY 24, 1957 June 1, 1999 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING VIOLATIONS 8 BUGGY WHIP DRIVE (LOT 247-B-2-MS) Dear Mr. Kim: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 i E-mail: cityofrh@aol.com Thank you for meeting with City Manager Craig Nealis and me on Wednesday, May 19, 1999, regarding the existing zoning violations at your property. / First, we understand that you are working with the Rolling Hills Community Association to design an addition to your residential garage, a portion of which you erected as a carport at the front of your home without appropriate permits. As you /know, a "Stop Work Order" has been issued. City approval is also required. Second, you also confirmed and have stated in .writing ..(attached), that at the present time, your existing stable is not being used as a' guest house and you /are planning to reapply for a Conditional Use Permit for its conversion'to a guest house in the spring of the year 2000. We must reiterate that until you have obtained a new Conditional Use Permit for the conversion, that structure may not be used for any other uses than that proscribed by Section 17.16.200(A) of the Rolling Hills Municipal Code (attached). Lastly, we discussed the location of the "as built" stone and concrete wall that was partially constructed in September, 1998 on your side of the common property line (within the 35 foot side yard setback) and between your lot and 4 Buggy Whip Drive. Although you expressed that ongoing negotiations are occurring between you and your neighbor to settle issues involving the wall, you must understand that our concerns are separate and need to be addressed. During our discussion, you requested four more months to remove the wall or apply for a Variance. In response, City Manager Nealis agreed to a 60 day extension for you to apply for that Variance. There will be no further extensions beyond 60 days, from the date of our meeting on May 19, 1999, unless you and your neighbor, Mr. Jan Janura, 4 Buggy Whip Drive, jointly request such an extension in writing because a drainage system is being designed that will lead to the removal of the existing illegal wall. Printed on Recycled Paper. • • We urge you to apply as soon as possible and before July 20. 1999 at 5:00 PM to avoid County penalty fees and possible prosecution by the District Attorney. Should you have any questions regarding the Planning Commission review process, please feel free to call us at City Hall at (310) 377-1521. Sincerely, deL Lola Ungar Planning Director Enclosures: Mr. Kim's letters of April 27, 1999 and May 4, 1999 Variance Application Packet cc: Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney I • Ms. Peggy Minor, Manager, Rolling Hills Community Association Manager Mr. Roger Vink, Architectural Foreman, RHCA Ms. Lata Thakar, District Engineer, L.A. County Building and Safety, Lomita Office Mr. Rafael Bernal, District Engineering Associate, L.A. County Building and, Safety, Lomita Office Mr. Jan Janura Mr. Alfred Visco, Attorney April 6, 1999 ea. •-/ SEES DEVELOPMENT CO. April 27, 1999 8 BUGGY WHIP DRIVE ROLLING HILLS, CA 90274 (310) 541-7924 FAX: (310) 541-6424 Lola"•Unger City of Rolling Hills Planning Director No. 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Dear Lola: APR 2 7 1999 CITY OF ROLLING HILLS RV I received your letter dated April 6, 1999. I did not think that building a retaining wall that was feet high and 30 feet long to protect the mudslide problem would be a big issue. However, my. neighbor, Mr. Jan Janura's attorney, Mr. Freedman and my attorney, Mr. Alfred Visco'are currently negotiating a settlement which, includes engineer drawings. I appreciate your cooperation in holding this matter for the past four months. It seems necessary to extend it for another four months. I would highly appreciate this. • Also, I am reporting that I will be submitting the architect drawing within one week which showsthe ex- pansion of a 2 car garage to a 3 car garage of approx- imately 200 sgft.. Thank you very much. Sincerely yours, i Peggy Minor, Rolling Hills Community Asso. Manager Craig'Nealis, City Manager Roger Vink, Architectural Foreman, RHCA Alfred Visco, Attorney at Law E3a. May 4, 1999 -41 SEES DEVELOPMENT CO. 8 BUGGY WHIP DRIVE ROLLING HILLS, CA 90274 (310) 541-7924 FAX: (310) 541-8424 Lola Unger City of Rolling Hills Planning Director 2 Portuguese Bend Road Rolling Hills, CA 90274 Dear Lola: Mph 0 41999 CITY OF ROLLING HILLS qv I submitted written request on April 27, 1999. In addition, I would like to confirm that the original barn is used only as a storage area and of that, a small part .for a prayer room. The previoµsly •approved plan for' the converted guest house will be re -submitted next spring which was the 800 sqft. guest house. I would appreciate your patience in this matter. Thank you. • 7.16.190--17.16.200 17.16.190 Additional residential development stan- dards. The following additional standards shall apply to all construction in the RA-S zone. A. Eave Projection. 1. Every single-family dwelling shall have an eave projection of at least two feet, unless incompatible with neighboring residences. 2. Roof coverings for all buildings shall be Class A (having satisfied the fifteen -year weathering test and certified as such by Underwriting Laboratories or an equiv- alent recognized test agency). However, any new addition to or reroofing of a structure may match the existing roof covering, provided the roof addition or the area to be re- rdbfed does not exceed two hundred square feet in size. B. Exterior Siding. Every single-family dwelling shall have exterior siding of brick, wood, stucco, lor other similar material as provided by the building code of the City; no reflective siding shall be permitted. C. - Roofing Material. Every single-family dwelling shall have a Class A,roof`as provided by the building code of the City; no reflective type roofing shall be permitted. D. Permanent Foundation. Every single-family dwell- ing shall be built or placed upon a permanent foundation approved by the County Engineer. (Ord. 239 §11(part), 1993). 17.16.200 Conditions for accessory uses. The follow- ing conditions shall apply to the use and development of accessory structures. A. Barns, Stables and Corrals.' Any barn, stable or corral to be constructed shall comply with the following criteria: 1. The stable shall be not less than four hundred fifty square feet in size and must have a contiguous corral that. is not less than five hundred fifty square feet in size. The combined minimum area for a stable andjcorral shall be one thousand square feet. 2. The stable and corral shall not be located on a portion of the lot where the slope is greater than four to one. 3. No corral, pen, stable, barn or otherfsimilar holding facility shall be permitted in a front yard. 4. Barns', stables, pens and corrals shall be lo- cated a minimum of thirty-five feet from any residential structure and a minimum of twenty-five feet from any prop- erty line. 5. Barns, stables and corrals shall be used for the exclusive purpose of keeping permitted domestic ani- mals. Commercial uses are not permitted. 1 215 (Rolling Hills 10/95) C14 `i2 P?,.g Jh/h April 27, 1999 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING VIOLATIONS 8 BUGGY WHIP DRIVE (LOT 247-B-2) Dear Mr. Kim: 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 This letter is to inform you that it has been six months since you decided not to legalize your existing stable that was partially converted to a guest house. On March 22,1995, when the City of Rolling Hills was informed that the portion of your stable was converted, Building Inspector. George Woods notified you that you must obtain City of Rolling Hills' approval and building permits as required. You later made application to the Planning .Commission to convert the stable to a guest house and on October 21, 1997, by Resolution No. 97.23, the Commission. approved a Conditional Use Permit for a one-story guest house to replace an existing stable with loft at an 'existing single family residence and requiring certain conditions. Resolution.. No. 97-23 that includes those conditions is attached. On October 21, 1998, the Conditional Use Permit expired when you did not comply with the conditions and obtain a building permit by that date. Meanwhile, the City was informed of a wall being constructed between your lot and 4 Buggy Whip Drive, and a "Stop work order" was issued on September 15, 1998. We met on September 30, 1998 with Mr. Craig Nealis, City Manager; Mr. Ron Lacayo, Los Angeles County Civil Engineer; and Mr. Rafael Bernal, District Engineering Associate at your property 1998 to discuss the "as built" wall that is partially constructed on your side of the common property line between your lot and 4 Buggy Whip Drive. We discussed the location of the wall, water drainage onto your property and other water drainage methods (i.e. swale or drainage channel) that may need Planning Commission review, but would need City and County permits. At that time, Mr. Craig Nealis, City Manager, gave you six months to consider the design and implementation of another drainage method provided that you obtain proper permits and remove the existing "as built" wall separating your property with 4 Buggy Whip Drive or apply for a Variance. You did not comply with the request by the April 5, 1999 deadline date. On April 13, 1999, you came to our office and informed me that you • Printed on Recycled Paper. would be writing me ar to inform me of your planned IL. We have not heard from you regarding the matter. Then, to compound the existing zoning violations, on April 19, 1999 when the City was informed that a carport was being constructed at the front of your home without permits, another "Stop work order" was issued by Mr. Bernal. At this time, the City would like you to address each of the following issues. (1) We would like to know whether you can meet with us at your property to confirm that the stable has not been converted to a guest house or reapply to the Planning Commission to legalize the conversion and obtain building permits. (2) We are still awaiting your letter regarding the removal of the "as built' wall that you constructed without permits along the property line between your property and 4 Buggy Whip Drive or apply for a Variance to the Planning Commission and obtain proper permits. (3) We are also awaiting information from you about the carport you erected at the front of your home that requires a building permit. Please contact this office within the next two weeks (by Mav 11. 19991 to inform us of any planned action. We will be glad to assist you or your representative with the preparation of any required applications. Should you have any questions regarding the ,Planning Commission review process, please feel free to call us at City Hall at (310) 377-1521 '.: Sincerely, Lola Ungar Planning Director cc: Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attomey Ms. Peggy Minor, Manager, Rolling Hills Community Association Manager Mr. Roger Vink, Architectural Foreman, RHCA Ms. Lata Thakar, District Engineer, L.A. County Building and Safety, Lomita Office Mr. Rafael Bernal, District Engineering Associate, L.A. County Building and Safety, Lomita Office C1iy e/eote�n9 �uee April 6, 1999 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING VIOLATION 8 BUGGY WHIP DRIVE (LOT 247-B-2) Dear Mr. Kim: 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 This letter is to inform you that it has been six months since we sent you a letter suggesting that you consider the design and implementation of another drainage method provided that you obtain proper permits and remove the existing "as built" wall separating your property with 4 Buggy Whip Drive or apply for a Variance. In our letter of October 5, 1998, we requested that you contact thisoffice in writing within six months (by Monday, April 5, 1999) to inform us of any planned action. You may remember that on September 30, 1998, we met with Mr. Craig Nealis, City Manager; Mr. Ron Lacayo, Los Angeles County Civil Engineer; and Mr. Rafael Bernal, District Engineering Associate at your property 1998 to discuss the "as built" wall that is partially 'constructed on your side of the common property line between your lot and 4 Buggy Whip Drive. We discussed the location of the wall, water: drainage onto your property and other water drainage methods (Le. swale or;drainage channel) that may • need Planning Commission review, but would need City and County permits.-.::: , .. Unless it is removed, the "as built" wall is subject to review by the Planning Commission for a Variance according to Chapter 17.38 of the Rolling Hills Municipal Code due to the fact that it is located in the side yard setback. We are enclosing a Variance packet and will assist you with the application process. Should you have any questions regarding the Planning Commission review process, please feel free to call us at City Hall at (310) 377-1521. Lola Ungar Planning Direct cc: Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Manager, Rolling Hills Community Association Manager Mr. Roger Vink, Architectural Foreman, RHCA Ms. Lata Thakar, District Engineer, L.A. County Building and Safety, Lomita Office Mr. Rafael Bernal, District Engineering Associate, L.A. County Building and Safety, Lomita Office Printed on Recycled Paper. •City ol Rolling October 5,1998 Mr. See Myun Kim 8 Buggy Whip Drive Rolling Hills, CA 90274 SUBJECT: ZONING VIOLATION 8 BUGGY WHIP DRIVE (LOT 247-B-2) Dear Mr. Kim: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail: cltyofrh@aol.com Thank you for meeting with Mr. Craig Nealis, City Manager; Mr. Ron Lacayo, Los Angeles County Civil Engineer; Mr. Rafael Bernal, District Engineering Associate; and me on Wednesday, September 30, 1998 to discuss the "as built" wall that is partially constructed on your side of the common property line between your lot and 4 Buggy Whip Drive. We discussed the location of the wall, water drainage onto your property and other water drainage methods (i.e. swale or drainage channel) that may need Planning Commission review but would need City and County permits. You may want to consider the design and implementation of another drainage method provided that you obtain proper permits and remove the existing "as built" wall. Rolling Hills Municipal Code Section 15.04.010 and, Los Angeles County Building Code Section 106 of the Building Code require that, "No person shall erect, construct, enlarge, alter, repair, move, improve, remove, connect, convert, demolish, or equip any building, structure or portion thereof, or automatic fire - extinguishing system regulated by Chapter 9, perform any grading, or perform landscaping as regulated by Chapter 71, or cause the same to be done, without first obtaining a separate permit for each such building, structure, automatic fire - extinguishing system, grading or landscaping from the building official." The wall is subject to review by the Planning Commission for a Variance according to Chapter 17.38 of the Rolling Hills Municipal Code due to its location in the side yard setback. A Variance is required because, in accordance with Section 17.16.120 (B) (RA-S-1 Side yards) and Section ' 17.16.150 (Structures and driveways permitted within required yards and easements), required yards are to be maintained unoccupied and Printed on Recycled Paper. • • unobstructed by any structures except for certain circumstances that include a 3-rail boundary fence, driveways, uncovered parking areas, and walkways, steps, mailboxes, security lighting and irrigation systems. A wall is defined as a structure in the Rolling Hills Municipal Code. We have attached the cited Code sections and Chapter 17.38 (Variances) of the Zoning Code. Should you wish to apply for a Variance, we will be happy to prepare a Variance packet and assist you with the application process. As discussed at our meeting, we appreciate that you are attempting to resolve the drainage issues with your neighbor. Therefore, in hopes that you are successful, please contact this office in writing within six months (bv Monday. April 5. 1999) to inform us of any planned action. Should you have any questions regarding the Rolling Hills Municipal Code or the Planning Commission review process, please feel free to call us at City Hall at (310) 377-1521. LOLA UNGAR PLANNING DIRECTOR cc: Mr. Craig Nealis, City Manager Mr. Kevin Ennis, Assistant City Attorney Ms. Peggy Minor, Manager, Rolling Hills Community Association Manager Mr. Roger Vink, Architectural Foreman, RHCA Ms. Lata Thakar, District Engineer, L.A. County Building and Safety, Lomita Office Mr. Rafael Bernal, District Engineering Associate, L.A. County Building and Safety, Lomita Office .04.010--15'.04.020 Sections: (Continued) 15.04.170 Section 7016.9 added. 15.04.180 Violations and penalties. 15.04.010 Adoption of Building Code by reference'. A. Except as hereinafter provided, Chapters 2 through 35,1 excluding Chapter 11 of that certain building code known and designated as the "Uniform Building Code, 1994 Edition" prepared by the International Conference of Building Offi-, cials and including Chapters 3-Division II, 4-Divisions II and III, 9, 16, and 31-Divisions II and III, of the appen- dix to said Uniform Building Code, are incorporated herein by reference as if fully set forth below, and shall be known as the Building Code of the City of Rolling Hills. B. The Building Code of the City of Rolling Hills is amended to conform to Exhibits A, B and C of Ordinance 257U. C. The provisions of said Exhibits A, B and C apply- ing to dwellings or other uses classified by said Exhibits A, B and C as a Group R Occupancy, and including Chapters 1, 2, 98 and 99, areand may be cited as the "Housing Code." D. All inconsistencies between the Building Code of the City of Rolling Hills as adopted by this ordinance and Part 2, Title 24 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17858 and 17858.7. In the event of any conflict between (i) a provision of the Uniform Building Code; 1994 Edition (ii) a provision of Exhibit A, B, or C to Ordinance 257U, or (iii) any amendment to the Building Code oflthe City of Rolling Hills contained in the Rolling Hi1lsjMunic- ipal Code, the provision contained in the latter listed document shall control. E. A copy of the Uniform Building Code, 1994 Edition, together with a copy;of Exhibits A, B and C to Ordinance 257U have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times main- tained by the City Clerk for use and examination by the public. (Ord. 257-U,§1(part), 1995). 15.04.020 Short title. This chapter shall be known as the "Building Code of the City of Rolling Hills" and will be referred to herein as "this code." The provisions of the Building Code;applying to dwellings or other uses classified by the Building Code as a Group R-1 Occupancy and including Chapters 1, 2, 3, 4, and 98 and 99 shall, constitute and may be cited as the "housing code." (Ord. 257-U §1(part), 1995). 168 (Rolling Hills 4/98) 4P.12.200--17.12.220 "Stable" means a building or portion of a building used to shelter and feed permitted domestic animals which are used exclusively by the occupants of the property on which the stable is situated. Standards, Development. "Development standards" means the physical design and development portion of this title controlling such items as building pad coverage, yard ar- eas, height of structures or fencing. "Story" means that portion of a' building included between the upper surface of any floor and the ceiling or roof above. "Street" means a vehicular right-of-way, excluding driveways. "Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether in- stalled on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. "Structure" shall' also include fences, retaining walls, latticework and garden walls. (Ord. 239 §11(part), 1993). 17.12.200 "T" words, terms and phrases. "Temporary use" means a use established for a fixed period of time, or until the occurrence of a specific event, with the intent to discontinue such use upon the expiration of the time period. Trailer, Construction. "Construction trailer" means a trailer, the use of which is incidental to new construction on a site, including but not limited' to temporary office space for the direction of onsite construction activities. "Tree" means a woody perennial plant which usually but not necessarily has a single trunk and a height of fifteen feet or more, or has a circumference' of twenty inches mea- sured at twenty-four inches above the ground; references herein to "tree" shall include the plural, "any tree or trees." (Ord. 239 §11(part), 1993). 17.12.210 "U" words, terms and phrases. "Use" means the purpose for which land or a building is occupied, ar- ranged, designed or intended; or for which either land or building is, or may be, occupied or maintained. Use, Primary. "Primary use" means a use which ful- fills the principal function of a household, establishment, institution, or other entity. (Ord. 239 §11(part), 1993). 17.12.220 "V" words, terms and phrases. "Variance" means permission, granted in accordance with the provisions of this chapter, to depart from a literal provision of this title when, because of special circumstances applicable to the property, strict application of title provisions de- 205 (Rolling Hills 11/94) • 4016.090 - -17.16.120 2. Barns or stables may have a loft, provided the loft area has noglazed openings and that the loft area is limited in use to the storage of feed, tack and stable equipment. (Ord. 269 § 8, 1997; Ord. 239 §11(part), 1993). 17.16.090 Minimum dwelling unit size. Every single- family dwelling and manufactured home used as # primary residence shall have a minimum width of twenty feet and a minimum floor area of one thousand three hundred square feet, exclusive of any accessory structures. (Ord. 239 §11(part), 1993). 17.16.095 Minimum building pad size. The minimum size of a graded building pad shall be twelve thousand square feet,, as specified in the City's Subdivisions Code (Title 16 of this code). (Ord. 239 §11(part), 1993). 17.16.097 Building pad coverage guideline. When reviewing a proposed development project for general plan and zoning ordinance compliance, the Planning Commission utilizes a,guideline in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline, is ex- pressed in terms of a maximum percentage of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by firs calculating the square footage of the proposed structure or structures, dividing that' number by the square footage of that portion of the building pad that is outside of required setbacks, and then comparing that percentage figure to the Commission's guideline percentage. Proposed projects that have a percentage of building pad coverage equal to or less than the Commission's guideline percentage satisfy the Commission'.s guideline. Satisfaction of the Commission's guideline for; allowable building pad coverage is only one of several factors for determining project compliance with the general plan and zoning ordinance and all other re- quired findings for the particular approval sought must also be satisfied. (Ord. 270 §5, 1997). 17.16.100 Maximum buildable slope. No structure shall be located on any natural or graded slope with a grade exceeding 2:1, noz shallany structure be located on the sides or bottoms of canyons or natural drainage cours- es. (Ord. ;239 §11(part) , 1993) . 17.16.110 Front yards. Every lot or parcel shall have a front yard measuring no less than fifty feet from the front easement line. (Ord! 239 §11(part), 1993). 17.16 120 Side yards. A. Requirements for RA-S-1 Zone. 212 (Rolling Hills 10/97) 17.16.130 1. Every lot or parcel shall. have a side yard measuring no less than twenty feet from the side property line. 2. In the event an easement exists along the side property line and that easement exceeds ten feet in width measured from the side property line, the side yard shall measure no less than ten feet from the interior boundary of the easement, and in no event less than twenty feet from the property line. B. Requirements for RA-S-2 Zone. 1. Every lot or parcel in the RA-S-2 zone shall have a side yard measuring no less than thirty-five feet from the side property line. 2. In the event an easement exists along the side property line and that easement exceeds ten feet in width measured from the property line, the side yard shall mea- sure no less than twenty-five feet from the interior bound- ary of the easement, and in no event less than thirty-five feet from the property line. (Ord. 239 §11(part), 1993). 17.16.130 Rear yard. 1. Every lot or parcel shall have a rear yard measuring no less than fifty feet from the. rear property line. 212-1 (Rolling Hills 10/97) 11117.16.140--17.16.150 2. Accessory structures may be placed in the required rear yard area provided they conform to all other require- ments of this title. 3. Where an easement traverses the rear portion of any lot and the property owner does not have the right to use the easement for buildings, then the rear lot line shall be considered the rear line of that portion of the lot to which the easement does not apply. (Ord. 239 §11(part), 1993). 17.16.140 Permitted projections. The following pro- jections into required yard areas shall be permitted sub- ject to the specified conditions. A. Projecting Architectural Features. 1. Chimneys, bay windows, cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or project into a side yard no more than two and one-half inches for each one foot of the side yard setback, but in no case shall such features project more than five feet. 2. Such architectural features may project into a front or rear yard no more than four feet. 3. No permitted projection shall be constructed in any manner which increases the habitable floor area of a structure. B. Projecting Porches.. An uncovered porch, platform or landing place may project into any required front or side yard no more than six feet or into a rear yard without limitation. _Such struc_ tures_ in .a side yard shallleave no less than five feet of unobstructed space to the edge of the building pad to allow for pedestrian movement within the setback. Such structures shall not extend above the floor level of the building to which they are attached. (Ord. 239 §11(part), 1993). 17.16.150 Structures and driveways permitted within required Yards and easements. Required yards shall be maintained unoccupied and unobstructed by any structures except for the following: A. A boundary fence is permitted in any yard, pro- vided the fence is located either on the perimeter easement line or not more than five feet outside of and parallel to the perimeter easement line. In the absence of an easement line, a boundary fence may be located on the property line. B. Driveways are permitted in any yard but shall not cover more than twenty percent of the area of the yard in which they are located. C. Uncovered parking areas are permitted in front or side yards. However, such parking areas shall not exceed ten percent of the area of the yard in which they are lo- cated and shall be located no closer than thirty feet from any roadway easement. 213 (Rolling Hills 5/94) 411.16.160--17.16.180 D. Walkways, steps, mail boxes, secu pity lighting and irrigation systems are permitted in any yard area. (Ord. 239 §11(part), 1993). 17.16.160 Access and parking. A. Driveway Require- ments. 1. Each single-family dwelling is permitted only one driveway as access to a maintained roadway, except as otherwise permitted by Section 17.16.040(A). 2. Driveways shall be no wider than twenty feet, unless otherwise approved by the Planning commission. All driveways shall have a roughened concrete driveway apron. 3. No driveway shall exceed.a maximum grade of twelve percent, unless otherwise approved by the Planning Commission, and the first twenty feet of a driveway shall have a maximum grade of seven percent. 4. All new driveways shall be reviewed by the Traffic Commission. B. Parking Requirements. Every single-family dwell- ing, including manufactured homes used as d primary resi- dence, shall have an above ground garage with a minimum ca- pacity.of two cars with direct paved accesg to a maintained roadway. No new subterranean garage shall be constructed after August 13, 1997. Any subterranean garage lawfully existing as of August 13, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this title. (Ord. 269 §9, 1997; Ord. 239 §11(part), 1993). 17.16.170 Stable and corral site reoiired. Every lot or parcel of the RA-S zone for which site plan review is required by this title in connection with the construction of•a new single-family residence or the addition to an existing single-family residence, shall have areas devel- oped with or set aside for both of the following: A. A combination stable and corral area that complies with the criteria set forth in Section 17.16.200(A); and B. A vehicular accessway to the stable and corral area for delivery of feed and removal of waste that does not exceed a slope of twenty-five percent. For purposes of this section, "vehicular accessway" shall include a driveway, roadway or other accessway that is traversable by any motorized device capable of deliver- ing feed and the removal of waste. These accessways need not be paved. (Ord. 252 §1, 1995: Ord. 239 §11(part), 1993) . 17.16.180 Landscaping requirements. All existing landscaping shall be maintained in a healthy condition. No landscape plant materials shall be removed from a planted area unless the removed materials are replaced with like landscaping. (Ord. 239 §11(part), 1993). 214 (Rolling Hills 10/97) •17.34.080--17.38.010 B. Conditional Use. Permits, Variances, Site Plan Re- view, Revocations and Extensions of Conditional Use Per- mits. Conditional use permits, variances, site plan re- view, revocations and extensions of conditional use permits shall require at least one hearing before the planning commission. ,(Ord. 239 §11(part), 1993). 17.34.080 Hearings --Continuances. If, for any rea- son, testimony in any case set for public hearing cannot be completed on the day set for such hearing, the person pre- siding at such public hearing may, before recess or adjournment thereof, publicly announce ,the time and place to which the hearing will be continued., No further public notice shall be required. (Ord. 239 §11(part), 1993). 17.34.090 Notice of decision. Following the render- ing of a decision on an application, a copy of the decision and the findings associated with that decision shall be mailed to the applicant at the address shown on the appli- cation. In thecase of a variance or conditional use per- mit, a copy of the decision and findings shall also be mailed to all persons of record who appear in opposition to the decision, as well as to the City Clerk, City Manager and each member of the City Council. (Ord. 239 §11(part), 1993) . Chapter 17.38 VARIANCES Sections: 17.38.010 Purpose. 17.38.020 Special application requirements. 17.38.030 Proceedings. 17.38.040 Finality of commission decision and effective date. 17.38.050 Required findings. 17.38.060 Affidavit of acceptance. 17.38.070 Time limits. 17.38.080 Transferability. 17.38.010 Purpose. A. The variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. 218-28 (Rolling Hills 5/94) 41117.38.020--17.38.050 B. Variances shall not be or activity on a property which authorized by the provisions of property. (Ord. 239 §11(part), granted to authorize a use is not otherwise expressly this title governing that 1993). 17.38.020 Special application requirements. In addi- tion to the application information required under Chapter 17.30 of this title, an application for a variance shall include: a description of the special circumstances or conditions applicable to the property; the reasons as to why a variance request has been filed; and a statement that the application meets the findings specified in Section 17.38.050. (Ord. 239 §11(part), 1993). 17.38.030 Proceedings. A. An application shall be filed pursuant to the provisions of Chapter 17.30. Upon acceptance of a variance application as complete, Planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.34. B. The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.34. C. The Commission shall act to approve, conditionally approve or deny the application. D. Within thirty calendar days following the decision of the Planning Commission, the Commission shall adopt a resolution containing its decisions and findings. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the variance necessary to carry out the provisions and general purpose of this title. Conditions may be imposed on the variance. E. The Commission's resolution and notice of decision shall be filed with the City Clerk. The Clerk shall place the Commission's resolution and decision on an agenda of the City Council. (Ord. 239 §11(part), 1993). 17.38.040 Finality of commission decision and effec- tive date. The decision of the Commission is considered final on the date the Commission adopts a resolution set- ting forth its 'decision. The decision shall become effec- tive thirty days after the adoption of the resolution, unless an appeal has been filed or the City Council takes jurisdiction in accordance with the procedures specified in Chapter 17.54. (Ord. 239 §11(part), 1993). 17.38.050 Required findings. In granting a variance, the Commission (and Council on appeal) must make the fol- lowing findings: 218-29 (Rolling Hills 5/94) • lip 17.38.060--17.38.070 A. That there are exceptional or extraordinary cir- cumstances or conditions applicable to the property that do not apply generally to other properties in the same vicini- ty and zone; and B. That such variance is necessary, for the preserva- tion and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the pirit and in- tent of this title will be observed; and E. That the variance does not grant sprial privilege to the applicant; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous;tnaste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. (Ord. 239, §11(part), 1993). 17.38.060 Affidavit of acceptance. No variance shall be effective for any purpose until the,oplicant executes an affidavit provided by the City declaring :hat the appli- cant is aware of and accepts the conditions :hat have been imposed on the variance. Each variance gran:ed shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder. (Ord. 239 §11(part), 1993) . 17.38.070 Time limits. The follo shall apply to approved variances: A. Use of Variance. 1. Any variance which is not u specified in the grant of approval, or, ified, within one year of the effective proval, shall become null and void and Planning Commission may extend such app not to exceed one year, provided an app the extension is filed prior to the on date. ing time limits ed within the time if n3 time is spec - date of such ap- f no effect. The oval fora period ication requesting inal expiration 2. For the purpose of this section, "used" means the commencement of construction or any activity authorized by the grant. B. Completion of Construction. A_1 construction authorized by the approval shall be complet d within two years of the granting of a building or radiing permit, unless a greater construction period has been specifically provided for in the conditions of approval. For good cause shown, the Planning Commission may gran: extensions of the 218-30 (Rolling Hills 5/94) •17.38.080--17.42.030 construction period for up to a maximum of two years total, with the duration of any one extension not to exceed one year. (Ord. 239 §11(part), 1993). 17.38.080 Transferability. A variance that is valid and in effect and granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land. (Ord. 239 §11(part), 1993). Sections: 17.42.010 17.42.020 17.42.030 17.42.040 17.42.050 17.42.060 17.42.070 17.42.080-- Chapter 17.42 CONDITIONAL USE PERMITS Purpose. Application requirements. Proceedings. Finality of commission decision and effective date. Basis for approval or denial of conditional use permit. Affidavit of acceptance. Time limits. Transferability -- 17.42.010 Purpose. The City recognizes that certain uses, due to the nature of use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses or, through the imposition of development and use condi- tions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose. (Ord. 239 §11(part), 1993). 17.42.020 Application requirements. Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zone district. If the proposed project does not comply with an applicable development standard, a separate variance appli- cation shall be filed. The conditional use permit and variance applications may be processed concurrently. (Ord. 239 §11(part), 1993). 17.42.030 Proceedings. A. An application shall be filed pursuant to the provisions of Chapter 17.30. Upon 218-31 (Rolling Hills 5/94)