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765, Construct a 10 ft octagon gaze, Correspondence• 4 0 City afieee��n9.Aee, November 25, 2008 Mr. Tony Fan 1 Sagebrush Lane Rolling Hills, CA 90274 ZONING CASE NO. 765. Request for a Site Plan Review Dear Mr. Fan: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 This letter shall serve to notify you that the City Council at their regular meeting on November 24, 2008 received and filed the Planning Commission resolution granting your request in Zoning Case No. 765 for the gazebo and barbecue. Please assure that you adhere to the conditions of approval in the resolution including that any further construction on this property requires Planning Commission approval. Therefore, please do not start any other work on the property without obtaining permission from the City. The decision shall become effective thirty days after the adoption of the resolution by the Planning Commission, unless an appeal has been filed to the City Council within that thirty (30) day appeal period. Before this case takes effect you are required to record an Affidavit of Acceptance Form together with the subiect Resolution in the Office of the County Recorder. Please make a copy of the Resolution for your files. l am enclosing a copy of RESOLUTION NO. 2008-19, specifying the conditions of approval set forth by the Planning Commission. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward, (or hand deliver), the completed form and the Resolution to: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 OR LAX Courthouse 11701 S. La Cienega Blvd. 6th Floor Los Angeles, CA 90045 310-727-6142 Mon -Fri 8:30 a.m. to 11:00 a.m. and 1:00 p.m. to 3:30 p.m. Include a check in the amount of $10.00 for the first page and $3.00 for each additional page. Do not record the plan. Please keep a copy of the Resolution with a set of plans on site. The City will notify the Los Angeles County Building & Safety Division to issue permits only after the Affidavit of Printed on Recycled Paper • • Acceptance and the Resolution are recorded and received by the City and after 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. Since' -I YoI to Schwartz Pla 'ning Director cc: Frank Politeo, Architect, (cover letter only) Dan Martinez, Lucas Bros. Construction (cover letter only) Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2008-19 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 T RECORDER'S USE ONLY 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. 765 SITE PLAN REVIEW XX We are the undersigned state: (I) (We) are the owners of the real properties described as follows: 1 SAGEBRUSH LANE, ROLLING HILLS, (LOT 100A-2-RH), CA 90274 This property is the subject of the above numbered case and conditions of approval. I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 765 SITE PLAN REVIEW XX (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State Signatures must be acknowledged by a notary public. 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 • E4Fiteo RESOLUTION 2008-19. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A SITE PLAN REVIEW FOR CONSTRUCTION OF GAZEBO AND BARBEQUE THAT REQUIRES PLANNING COMMISSION REVIEW DUE TO EXISTING STRUCTURAL DEVELOPMENT RESTRICTION AT 1 SAGEBRUSH LANE, (LOT 100-A-2-RH) IN ZONING CASE NO. 765, (FAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Mr. Fan with respect to real property located at 1 Sagebrush Lane, Rolling Hills, (Lot 100-A-2-RH), CA requesting a Site Plan Review to permit construction of a 83 square foot gazebo and 29 square foot barbecue in the side yard area. The Site Plan Review is necessary due to a condition placed on a previous application that any further development on the property requires a Site Plan Review by the Planning Commission. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on October 21 and at a field trip on October 21, 2008. Due to the silhouette not being erected in a timely fashion for neighbors to view, the Planning Commission requested that the neighbors be re -notified. After re -notification by staff, no comments were received by the City regarding the proposed project. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. Pursuant to Section 17.46.040 the Planning Commission may condition an approval to require site plan review for any future construction on the property, regardless of whether site plan review would ordinarily be applicable to such construction. With respect to the Site Plan Review application due to the restriction placed in Resolution No. 2002-02 granted on January 15, 2002 and Resolution No. 2002-10 granted on June 17, 2008 on any future development on subject property the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, and surrounding uses because the proposed gazebo and barbeque comply with the General Plan requirement of low profile, low -density residential ZC NO. 765 1Sagebrush Lane 1 C1taPolling fiu// � October 23, 2008 Mr. Tony Fan 1 Sagebrush Lane Rolling Hills, CA 90274 ZONING CASE NO. 765. Request for a Site Plan Review Dear Mr. Fan: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 This letter shall serve to notify you that the Planning Commission voted at their field trip meeting on October 21, 2008 to direct staff to prepare a resolution to approve your request in Zoning Case No. 765. The Planning Commission will review and consider the draft resolution, together with conditions of approval, at an upcoming meeting on November 18, 2008 and make its final decision on your application at that meeting. However, the Commission directed staff to re -mail notification of the silhouette for the aazebo. as the silhouette was not put uo in a timely manner for neiahbors to view. Should staff receive an objection to the gazebo, the Planning Commission could re- consider their decision. The findings and conditions of approval of the draft resolution will be forwarded to you before the Planning Commission meeting for your review. Any decision made by the Planning Commission 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. As stated above, the Planning Commission's meeting to consider the resolution of approval is scheduled for Tuesday. November 18, 2008 at 6:30 P.M in the Citv Council Chambers. 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. January 12. 2009. (The City Council does not meet in December) Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sinc Yola Schwartz Pla ring Director cc: Frank Politeo, Architect Printed on Recycled Paper