Loading...
552, Addition of a master bath to e, Correspondence• • Ci1y 0/ e�n9 _uee CERTIFIED MAIL April 24, 1997 Mr. and Mrs. Leonard Fuller 2 Packsaddle East 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. 52, 2 PACKSADDLE ROAD EAST (LOT 32-SF) RESOLUTION NO. 97-7 Dear Mr. and Mrs. Fuller: This letter shall serve to notify you that the Planning Commission adopted a resolution on April 15, 1997 to approve your request for a Variance to encroach into the rear yard setback to construct an addition at an existing single family residence at 2 Packsaddle Road East (Lot 32-SF), Rolling Hills, CA in Zoning Case No. 552. 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 Monday, April 28, 1997. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Commission's action takes effect. We have enclosed a copy of RESOLUTION NO. 97-7, 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: ®Printed on Hecyr;lrrd F'nF>rar • • 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. 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. Please feel free to call me at (310) 377-1521 if you have any questions. Sincerely, LOLA UNGA PRINCIPAL PLANNER ENC: RESOLUTION NO. 97-7 EXHIBIT A DEVELOPMENT PLAN AFFIDAVIT OF ACCEPTANCE FORM APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE. cc: Mr. Criss Gunderson • • RESOLUTION NO. 97-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 552 . 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 Dr. and Mrs. Leonard Fuller with respect to real property located at 2 Packsaddle Road (Lot 32-SF), Rolling requesting a Variance to encroach into the rear yard setback to construct an addition at an existing single family residence. Section 2. On April 16, 1991, the Planning Commission granted a Variance for the continued encroachment into the rear yard setback of a former stable that was converted to a guest house, granted a Conditional Use Permit for the guest house and granted Site Plan Review approval for substantial additions in Zoning Case No. 445. These additions were completed on January 10, 1992. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the Variance application on March 18, 1997. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning 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 17.16.130 requires a rear yard setback for every residential parcel to be fifty (50) feet. The existing residence encroaches up to 32 feet into the rear yard setback to the south. The applicant is requesting to construct a 23 square foot addition at the southwestern portion of the residence that will be 2 feet by 11-1/2 feet and encroach from 3 feet to 14.5 feet within the rear 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 much of the building pad is located within the rear yard. The existing development pattern on the lot and the RESOLUTION NO. 97-7 PAGE IOF4 • • sloping front portion precludes continued expansion of the residence on the lot other than into the rear yard setback. 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 development of the site in a manner comparable to other properties in the vicinity will require some incursion into the setback on this site. 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped and the extent of the incursion is no greater than what already exists. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 552 to permit the encroachment of a residential addition into the rear yard setback, to a maximum encroachment of 3 to 14.5 feet into the rear 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 7 of this Resolution. Section 7. The Variance to the rear yard setback approved in Section 6 of this Resolution is subject to the following conditions: A. The Variance approval shall expire within one yearfrom the effective date of approval as defined in Section 17.38.070. B. It is declared and made a condition of the approval, 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 March 20, 1997 and marked Exhibit A, except as otherwise provided in these conditions. E. 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. RESOLUTION NO. 97-7 PAGE 2 OF 4 • • F. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes shall not exceed a steepness of a 2 to 1 slope ratio. G. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance approval or the approval shall not be effective. H. ' All conditions of this Variance approval 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 15TH DAY OF 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: i)v►,-) MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 97-7 PAGE 3 OF 4 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Resolution No. 97-7 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE REAR YARD SETBACK TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 552 . was approved and adopted at an adjourned regular meeting of the Planning Commission on April 15, 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. DEPUTY CITYCLERK RESOLUTION NO. 97-7 PAGE 4 OF 4 • • RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX Recorder's Use Please record this form with the Registrar -Recorder's Office and retum 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 RS CITY OF ROLLING HILLS ZONING CASE NO. 552 ) §§ SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT O I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 2 PACKSADDLE ROAD EAST (LOT 32-SF' 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. 552 SITE PLAN REVIEW VARIANCE ■ CONDITIONAL USE PERMIT ❑ 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. Address City/State State of California ) County of Los Angeles ) On before me, personally appeared [ ] Personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary See Exhibit "A" attached hereto and made a part hereof • • 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 1730.030 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 2A,1993 • • 1754.43,E 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 HILTS 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 ROWNG MIS ZONING MAY 24, 1993 • P 852 865 223 RECEIPT FOR CERTIFIED MAIL ' NO INSURANCE COVERAGE PROVIDED' NOT FOR INTERNATIONAL MAIL (See (Reverse) Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing co co Return Receipt • Date, and Add TOTAL Post fis o ' Postmark or 0) d SENDER: c 0 3. Article Addressed to: 4a. Article Number 1. � gsa i�C S 22 3 r?t�i�i�Irs �eerr��' /lam r,ckisG l�A, j d St W to whom and Date Delivered /, / 0 ' Complete items 1 and/or 2 for additional services. a •Complete items 3, 4a, and 4b. H • Print your name and address on the reverse of this form so that we can return this i- card to you. > ■Attach this form to the front of the mailpiece, or on the back if space does not tu permit. ■ Write`Return Receipt Requested'on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. NDlli.73 %/5,, (4-9 te r_Aio. S W cc 0 a� 5. Rec ived By: (Print t Name) nn me v. Folle� 6. Signature ddTrseeor��ent) )� PS Pot(» 3811, December 1d94 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4b. Service Type ❑ Registered ❑ Express Mail ❑ Return Receipt for Merchandise 17. Date of Delivery 18. Addressee's Address (Only if requested Certified Insured ❑ COD and fee is paid) ai' m an c! 0 C • ; CC Ca c 0 `0 0 • • .c• '. Domestic Return Receipt I Ciiy oMo ePn9 JUL March 27, 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. Leonard Fuller 2 Packsaddle East Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 552, a request for a Variance to permit a minor encroachment into the rear yard setback at an existing single family residence at 2 Packsaddle Road East (Lot 32-SF), Rolling Hills, CA. Dear Mr. and Mrs. Fuller: This letter shall serve to notify you that the Planning Commission voted at their regular meeting on March 18,1997 to direct staff to prepare a resolution to approve your request for a Variance to permit a minor encroachment into the rear yard setback at an existing single family residence in Zoning Case No. 552 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 April 15, 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 April 28, 1997. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Criss Gunderson Printed on Recycled Paper. Cu• • y ol leo le.�nS JUL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 STATUS OF APPLICATION & MEETING NOTIFICATIONF mall: cityofrh@aol.com March 6, 1997 Mr. and Mrs. Leonard Fuller 2 Packsaddle East Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 552, a request for a Variance to permit a minor encroachment into the rear yard setback at an existing single family residence at 2 Packsaddle Road East, Rolling Hills, CA, more precisely Lot 32-SF. Dear Mr. and Mrs. Fuller: 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. 552 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday, March 18, 1997. 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, March 14,1997. 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. Sincerely, LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Criss Gunderson Printed on Recycled Paper.