465, Addition to master bedroom (62, Correspondence..r
• •
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CERTIFIED MAIL
November 12, 1991
Ms. Michelle Mottola and Mr. John Thourot
469 Camino De Encanto
Redondo Beach, CA 90277
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
SUBJECT: ZONING CASE NO. 465, 7 Flying Mane Road (Lot 51-SF)
APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM
Resolution No. 91-28: A Resolution of the Planning
Commission of the City of Rolling Hills granting a
Variance to encroach into the side yard setback to permit
the enlargement of an existing master bedroom in a single
family residence.
Dear Ms. Mottola and Mr. Thourot:
This letter is to inform you that the City Council, at their
meeting on Tuesday, November 12, 1991, will be notified of the
Planning Commission's APPROVAL of Resolution No. 91-28 in the
subject case.
The approval will become effective:
(1) Twenty days after the receipt of this letter if no appeals
are filed within that time period (Section 17.32.140 of
the Rolling Hills Municipal Code attached), AND
(2) An Affidavit of Acceptance Form and the subject Resolution
must be filed by you with the County Recorder (Section
17.32.087).
We have enclosed a copy of RESOLUTION NO. 91-28, 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 to: Countv Recorder, Room 15, 227 North Broadway, Los
Angeles, CA 90012 with a check in the amount of $ 5.00 for the
first gage and S 2.00 for each additional Aage.
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.
• •
ZONING CASE NO. 465
PAGE 2
Please feel free to call me at (213) 377-1521 if you have any
questions.
SINCERELY,
LOLA UNGAR
PRINCIPAL PLANNER
ENCLOSURES: RESOLUTION NO. 91-28, EXHIBIT A DEVELOPMENT PLAN,
AFFIDAVIT OF ACCEPTANCE FORM, AND APPEAL SECTION OF
THE ROLLING HILLS MUNICIPAL CODE.
cc: Mr. Thomas Blair
•
2EXh'/8/ r :4
RESOLUTION NO. 91-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
SIDE YARD SETBACK TO PERMIT THE ENLARGEMENT OF AN EXISTING
MASTER BEDROOM IN A SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 465.
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 Ms. Michelle
Mottola and Mr. John Thourot with respect to real property located
at 7 Flying Mane Road, Rolling Hills (Lot 51-SF) requesting a
Variance to the side yard setback to permit the enlargement of an
existing master bedroom of a single family residence into the side
yard setback.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application for a Variance on
September 17, 1991 and October 22, 1991, and at a field trip visit
on October 5, 1991.
Section 3. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. Sections 17.32.010 through 17.32.030 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. A Variance to Section 17.16.070.E is requested to
enlarge a master bedroom portion of a residence into the twenty
(20) foot side yard setback. The applicant is requesting an
addition that will encroach a maximum of seven (7) feet into the
side yard setback. The Planning Commission finds:
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the intended use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing legal
nonconforming residence was built within the side yard setback
and the proposed addition does not encroach any further than other
portions of the existing structure.
B. This 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
existing development pattern on the lot precludes the requested
addition from being built into the rear yard.
RESOLUTION NO. 91-28
PAGE 2
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. The Variance will only continue the existing degree of
encroachment and will not impact the view or privacy of surrounding
properties.•
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach to a maximum of
7 feet into the side yard setback to enlarge an existing master
bedroom as indicated on the Development Plan attached hereto as
Exhibit A subject to the conditions contained in Section 5.
Section 6. The Variance to the side yard setback approved in
Section 4, as indicated on the Development Plan attached hereto and
incorporated herein as Exhibit A, is subject to the following
conditions:
A. The Variance shall expire unless used within one year
from the effective date of approval as defined in Section 17.32.110
of the Municipal Code.
B. It is declared and made a condition of the Variance
approval, that if any conditions thereof are violated, the Permit
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 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 Development Plan on file marked Exhibit A
except as otherwise provided in these conditions.
E. The garage shall be screened on the north side property
line with drought -tolerant landscaping approved by the landscaping
consultant.
F. . 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.
G. 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. 91-28
PAGE 3
H. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance, pursuant to Section 17.32.087,
or the approval shall not be effective.
I. All' conditions of this Variance approval, except for
Paragraphs (D) and (E), must be complied with prior to the issuance
of a building or grading permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF NOVEMBER, 1991.
ATTEST:
2 .1
DIANE SAW ER, DEPUTY CY CLERK
ALLAN ROBERTS, CHAIRMAN
The foregoing Resolution No. 91-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
SIDE YARD SETBACK TO PERMIT THE ENLARGEMENT OF AN EXISTING
MASTER BEDROOM IN A SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 465.
was approved and adopted at a regular adjourned meeting of the
Planning Commission on November 2, 1991 by the following roll call
vote:
AYES: Commissioner Frost, Hankins, Raine and Chairman Roberts
NOES: None
ABSENT: Commissioner Lay
ABSTAIN: None
(y
DEPUTY ' ITY CLER
RECORDING REQUESTED BY AND MAIL TO: Recorder's Use
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
Please record this form with the Registrar -Recorder's Office and
return to: City of Rolling Hills, 2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be
notarized before recordation).
ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
ZONING CASE NO. 46S
I (We) the undersigned state:
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I am (We are) the owner(s) of the real property described as
follows:
7 F/rri� �1i1 i t2I (Lei` S/— SF)
This property is the subject of the above numbered cases.
I am (We are) aware of, and accept, all the stated conditions in
said
ZONING CASE NO.
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
X
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.
�.-fir.-.ctccCc�
State of
County of
SS.
On this the day of 19_—, before me,
the undersigned Notary Public, personally appeared
O personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)
within instrument, and acknowledged that
WITNESS my hand and official seal.
subscribed to the
executed it.
Notary's Signature
See Exhibit "A" attached
hereto and made a part hereof
17. )2.140--17. 32.160
17.32.140 Appeal --Persons authorized. The action by
the Planning Commission in matters described in this
chapter shall be by majority vote and shall be final, con- d�
elusive and effective twenty calendar days after the filing t•r
of notice, as provided in Section 17.32.090, unless within ,L
said twenty -day period an appeal in writing is filed with
the City Clerk by any of the following:
A. The applicant;
8. Any person who protested, either orally or in
writing, as a matter of record, prior to the final vote
of the Planning Commission on the matter and who, in
addition, received or was entitled to receive the written
notice specified in subdivision 2 of subsection A of Section
17.40.060; or
C. The City Council, upon the affirmative vote of
three members of the Council. (Ord. 188(part), 1981: Ord.
155 54, 1978: Ord. 33 56.14, 1960) .
17.32.150 Appeal--Contents--Fee. An appeal from any
order, requirement, decision, or determination under the
title must set forth specifically wherein it is claimed
there was an error or abuse of discretion by the Planning
Commission or wherein the decision of the Planning Commission
is not supported by the evidence in the .matter. In
addition, any person appealing the decision of the Planning
Commission must pay to the City Clerk, at the time of filing
the written notice of appeal, the required fee specified by
resolution as hereafter adopted and from time to time
changed by the City Council. (Ord. 188(part), 1981: Ord.
33 56.15, 1960).
17.32.160 Appeal--Recordkeepinq. Upon receipt of a
written appeal and the payment of the fee required, the
City Clerk shall advise the Secretary of the Planning
Commission to transmit forthwith the complete record of
the entire proceeding before the Planning Commission. The
Secretary of the Planning Commission shall be charged with
the duty and responsibility of maintaining a complete file
and record on each application processed pursuant to this
chapter which shall contain the original application
processed pursuant to this chapter, all correspondence and
reports pertaining thereto, all affidavits of publication,
posting and sailing, as required by law, minutes of all
meetings of the Planning Commission pertaining to this
matter, advisory reports of technical agents, the report,
findings and decision of the Planning Commission, and an
affidavit of the mailing and the giving of said notice, as
required by this chapter. (Ord. 188(part), 1981: Ord.
33 56.16, 1960).
215 (Rolling Hills 8/83)
17.32.170--17.32.200
•
17.32.170 City Council to be Board of Zoning
1►d)ustment _anc Appeal . for the purpose of this chapter
and in conformity with Article 2 of Chapter 4, Title 7 of
the Government Code of the State of California, the City
Council appoints and creates each and every member of the
City Council, sitting as a whole, as the Board of Zoning
Adjustment and Zoning Appeal for the City. The City Council
shall meet as a Board of Zoning Adjustment and Zoning Appeal
in connection with other City business and, in so meeting,
shall be governed by all the rules and regulations now
adopted or hereafter adopted governing the procedure of
the City Council. (Ord. 188(part), 1981: Ord. 33 56.17,
1960) .
17.32.180 Appeal--Hearing--Notice--Basis for decision. ->A1/4/4
The City Clerk snail set a hearing before the City Council
as t Zoning Adjustment and Zoning Appeal not less
tha after the receipt of said appeal or request
for review. The hearing shall be on at least days prior
written notice to the applicant, the appellant, and to any
other persons who received or should have received, under
Section 17.40.060, notice of the hearing before the Planning
Commission. At such a hearing no new matter nor nev
evidence shall be received or considered by the Board of
Zoning Adjustment and Appeal, and the Board shall make its
determination on the basis of the record brought before it
on appeal or review. (Ord. 188(part), 1981: Ord. 33 56.18,
1960) .
17.32.190 Appeal --New hearing --Authorized when. Notwith-
standing the provisions of Section 11.32.180, the Board of
Zoning Adjustment and Appeal may, by majority action at any
time during the course of the review of a decision of the
Planning Commission under this chapter brought before it by
appeal, determine that a new hearing shall be set by the
Board of Zoning Adjustment and Appeal, at which time the
public will be entitled to appear to present new or additional
evidence for or against said application. (Ord. 188 (part) ,
1981: Ord. 33 56.19, 1960) .
17.32.200 Appeal --New hearing --Copy of records. The
action of the Board of Zoning Adjustment and Appeal shall be
by aajority vote and shall be final and conclusive. The
decision of the Board under this chapter shall be set forth
in full in the minutes of the meeting of the Board of Zoning
Adjustment and Appeal. A certified copy of the excerpts of
said minutes shall be delivered by the City Clerk to the
City Council, the Secretary of the Planning Commission and
the Planning Commission for their use and records, as well
as to the applicant or the appellant, if they are different
parties. (Ord. 188(part), 1981: Ord. 33 $6.20, 1960) .
216 (Rolling Hills 8/83)
• •
17. 32. 210--17.46.010
17.32.210 Appeal --Notice. Upon the filing of such
an appeal, the City Clerk shall give notice of the filing of
said notice to:
A. Applicant;
B. Appellant; and
C. Any person who protested, either orally or in
writing, as a matter of record, prior to the final vote of
the Planning Commission on the matter and who, in addition,
received or was entitled to receive the written notice
specified in subdivision 2 of subsection B of Section
7.40.060. (Ord. 188(part), 1981: 0rd. 15S 56, 1978: Ord.
33 56.21, 1960).
17.32.220 Appeal--Hearing--Multiple appeals. In the
event more than one appeal is filed purusant to Section
17.32.140 then all appeals shall be heard at the same time.
(Ord. 188(part), 1981: Ord. 155 56, 1978: Ord. 33 $6.22,
1960) .
110
City O� Rollingat>LL3 INCORPORATED JANUARY 24, 1957
October 25, 1991
Ms. Michelle Mottola and Mr. John Thourot
469 Camino De Encanto
Redondo Beach, CA 90277
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
SUBJECT: ZONING CASE NO. 465. 7 Flying Mane Road (Lot 51-SF)
Request for a Variance to encroach into the side yard
setback to permit the enlargement of an existing master
bedroom.
Dear Ms. Mottola and Mr. Thourot:
This letter shall serve as official notification that Zoning Case
No. 465 was APPROVED by the Plannning Commission at their regular
meeting on Tuesday, October 22, 1991.
The final Resolution and conditions of APPROVAL will be forwarded
to you after they are signed by the Planning Commission Chairman
and City Clerk.
The Planning Commission's decision will be reported to the City
Council at their regular meeting on November 11, 1991. You should
also be aware that the decision of the Planning Commission may be
appealed within twenty days after you receive the final Resolution
(Sections 17.32.140 and 17.32.150 of the Rolling Hills Municipal
Code).
Feel free to call me at (213) 377-1521 if you have any questions
regarding this matter.
Sincerely,
PRINCIPAL PLANNER
cc: Mr. Thomas Blair, Blair Associates
•
• I rd '' INCORPORATED JANUARY--24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
.(213) 377-1521
FAX (213) 377-7288
September 20, 1991
Mr. Thomas Blair, Blair Associates
,2785 Pacific Coast Highway, Suite E149
Torrance, CA 90505
SUBJECT: ZONING CASE NO. 465
7.::F.LY.ING: -MANE ..ROAD..(_LOT. 51-SF)
Dear.. Mr. .Blair:
We -have arranged -for -the-,Planning Commission to . conduct a field
inspection" :of 'your .property to view .a silhouette' -of the -proposed
project.on- Saturday, October..5,- 1991' at 7:00 AM.
The site must be prepared- with a. -full -size —silhouette of the
proposed pro-iect showing 'the roof ridge and bearing -walls. We have
- enclosed Silhouette Construction Guidelines.
The owner and/or representativelshould:be present to answer any
.questions regarding, the proposal.
.Feel, .free: to call. me at (213) :377-1521 if you have any guestioxis
Sincerely,
LOLA M. UNGAR
PRINCIPAL PLANNER
cc: Ms. Michelle Mittola and Mr. John, A. Thourot
• •
Ci4f (I /20ftL4 Jd.•PP,
NOTIFICATION LETTER
August 27, 1991
Ms. Michelle Mottola
Mr. John A. Thourot
469 Camino de Encanto
Redondo Beach, CA 90277
, INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
SUBJECT: Zoning Case No. 465
.7 Flying Mane Road (Lot 51-SF)
Request for a Variance to encroach into the side yard
setback to permit the enlargement of an existing master
bedroom.
Dear Ms. Mottola and Mr. Thourot:
Your application for Zoning Case No. 465, a request for a Variance
to encroach into the side yard setback to permit the enlargement of
an existing master bedroom has been deemed sufficiently complete to
set for public hearing consideration by the Planning Commission at
their meeting on Tuesday, September 17. 1991.
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 Wednesday, September 11, 1991. Please
arrange to pick up the staff report to preview it prior to the
hearing.
Additional Information/Requirements:
Fifteen (15) copies of the proposed plan MUST be provided by
September 4, 1991. Plans must be FOLDED to approximately 8 1/2" x
11" with title block visible.
PAGE 2
Feel free to call me at (213) 377-1521 if you have any questions
about the application process.
Sincerely,
teet44,
LOLA M. UNGAR
PRINCIPAL PLANNER
cc: Mr. Thomas Blair, Blair Associates