567, Room addition will encroach in, CorrespondenceM �City ol leolling
CERTIFIED MAIL
December 23, 1997
Mrs. Mary Graff
32 Chuckwagon 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. 567, 32 CHUCKWAGON ROAD (LOT 27-CF)
RESOLUTION NO. 97-31
Dear Mrs. Graff:
This letter shall serve to notify you that the Planning Commission adopted a
resolution on December 16, 1997 to approve your request for a Variance to permit the
encroachment of a master bath addition into the side yard setback at 32 Chuckwagon
Road (Lot 27-CF), Rolling Hills, CA in Zoning Case No. 567. That action,
accompanied by the record of the proceedings before the Commission will be
reported to the City Council on January 12, 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 (30) day
anneal 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. 97-31, 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:
:ti
Printed on Recycled Paper.
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 UNGAR
PLANNING DIRECTOR
ENC: RESOLUTION NO. 97-31
EXHIBIT A DEVELOPMENT PLAN
AFFIDAVIT OF ACCEPTANCE FORM
APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE.
cc: Mr. Russell Narahara
Ms. Susan Boval
RECOPtDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
Recorder's Use
Please record this form with the Registrar -Recorder's Office and return to:
City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be notarized before recordation).
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) § §
CITY OF ROLLING HILLS )
ZONING CASE NO. 567
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:
32 CHUCKWAGON ROAD (LOT 27-CF)
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. 567 SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT 0
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Print Print
Owner Owner
Name Name
Signature Signature
Address
City/State
Signatures must be acknowledged by a notary public.
State of California )
County of Los Angeles )
On before me,
Address
City/State
personally appeared
[ ] Personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
Witness by hand and official seal.
Signature of Notary
See Exhibit "A" attached hereto and made a part hereof
RESOLUTION NO. 97-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE SIDE YARD SETBACK TO CONSTRUCT AN ADDITION
AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE '
NO. 567.
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 Mrs. Mary Graff with respect to
real property located at 32 Chuckwagon Road (Lot 27-CF), Rolling Hills, requesting a
Variance to encroach into the north side yard setback to construct an addition at an
existing single family residence. An existing shuttered garden wall that extends to
the eaves defines the limits of the proposed addition.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the Variance application on November 18, 1997 and December
16, 1997, and at a field trip visit on December 13, 1997.
Section 3. 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 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 17.16.120 requires a side yard setback for every residential parcel in the RA-S-
1 Zone to be twenty (20) feet. The existing residence encroaches up to 7.5 feet into the
north side yard setback and encroaches up to 10 feet into the south side yard setback.
The applicant is requesting to construct a 39.3 square foot L-shaped addition at the
northwestern corner of the residence that will encroach up to 10.5 into the side 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 front yard. The existing development pattern on the lot and the
sloping rear portion precludes continued expansion of the residence on the lot other
than into the side yard setback.
RESOLUTION NO. 97-31
PAGE 1 OF 3
•
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 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 567 to permit the encroachment
of a residential addition into the side yard setback, to a maximum encroachment of
10.5 feet into the side 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 side yard setback approved in Section 5 of
this Resolution is subject to the following conditions:
A. The Variance approval 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 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 October 29, 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.
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
RESOLUTION NO. 97-31
PAGE2OF3
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 16TH DAY O Ef 2 1 , 1997.
ATTEST:
1' l< hr-J
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
ALLAN ROBERTS, CHAIRMAN
I certify that the foregoing Resolution No. 97-31 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD
SETBACK TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 567.
was approved and adopted at an adjourned regular meeting of the Planning Commission on December 16,
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.
g . K�
DEPUTY CITY CLERK
RESOLUTION NO. 97-31
PAGE 3 OF 3
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
ROILING HILLS ZONING
MAY 2A, 1993
401) er)
17.54.0.30
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.
77
ROLLING HILLS ZONING
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
• •
Ci1yleoren9.�a��e
FIELD TRIP NOTIFICATION
December 1, 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
Mrs. Mary Graff
32 Chuckwagon Road
Rolling Hills, CA 90274
SUBJECT: ZONING CASE NO. 567, Request for a Variance to encroach into the
side yard setback where there is an existing enclosed garden at 32.
Chuckwagon Road (Lot 27-CF), Rolling Hills.
Dear Mrs. Graff:
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, December 13,
1997.
The Planning Commission's timetable is to meet at 7:30 AM at your property.
The site must be prepared according to the enclosed Silhouette Construction
Guidelines and the following requirements:
• Stake and/or flag the limits of the proposed addition
to the residence.
• Stake and/or flag the 50 foot front yard setback from
the front property line, the side property lines and
the 20 foot side yard setbacks.
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.
LOLA M. UNGAR
PLANNING DIRECTOR
cc: Mr. Russell Narahara
Ms. Susan Boval
Printed on Recycled Paper.
City ofiellin9
•
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
STATUS OF APPLICATION & NOTIFICATION OF MEETING
November 6, 1997
Mrs. Mary Graff
32 Chuckwagon Road
Rolling Hills, CA 90274
SUBJECT: ZONING CASE NO. 567, Request for a Variance to encroach into the side yard
setback where there is an existing enclosed garden at 32 Chuckwagon Road (Lot
27-CF), Rolling Hills.
Dear Mrs. Graff:
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. 567 has been set for public hearing consideration by the
Planning Commission at their meeting on Tuesday, November 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,
November 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,
ce
LOLA M. UNGAR
PLANNING DIRECTOR
cc: Russell Narahara
Susan Boval
Printed on Recycled Paper.