166, Construct pool & tennis court., Correspondence(213) 375.2556
FROM L. A. 772.1555
SOUTH BAY ENGINEERING CORPORATION
304 TEJON PLACE
PALOS VERDES ESTATES, CALIFORNIA 90274
December 14, 1977
Mrs. Teena Clifton
City Manager
Rolling Hills Community Association
#2 Portuguese Bend Road
Rolling Hills, California 90274
Re: Burke residence
33 Crest Road East, Rolling Hills
Dear Mrs. Clifton:
RAYMOND L.QUIGLEY
DONALD E. DAWSON
CONSULTING ENGINEERS
0n Monday, December 12; 1977, I was instructed to check the
elevation of the existing pavement in relation to the ridge line
of the house under construction at 33 Crest Road East•, Rolling
Hilts.
A print of a grading plan prepared by J.H. Edwards Company being
also a site plan prepared by Katayama and Mock -Architects dated
8-10-76, revised 11-10-76 and shown as sheet G-1 was used as the
source of information for our survey.
Since no Bench Mark is shown on this site plan, all elevations
described are based on the flagged elevation (1347) shown at the
southerly edge of pavement opposite the centerline of the new
driveway. Our surveyors then recreated section "A-1" as shown
on said site plan and took elevations as follows:
1. At the intersection of the centerline of Crest Road East
and Section "A-1", the elevation is 1353.35 feet.
2. At the intersection of the southerly road easement line and
Section "A-1", the elevation is 1349.0 feet.
3. The floor elevation is 1334.6 feet.
4. The ridge line of the roof elevation is 1352.6 feet.
SVUTH BAY ENGINEERING CORPORATION
CIVIL E. CONSULTING ENGINEERS
December 14, 1977
Re: Burke Residence, 33 Crest Road East
Page 2 of 2
5. The top of the chimney elevation is 1353.4 feet.
If I can be of further service to you in this matter, please
-call me.
Very truly yours,
SOUTH BAY ENGINEERING CORPORATION
. Tubbs
HET:st
November 21, 1977.
Mr. Daniel Burke
c/o Mrs. Adrienne Burke
4 Chestnut Lane,
Rolling Hills, California 90274
Dear Mr. Burke,
At the November 15 meeting of the Planning Commission it was
determined that there will not be a quorum of members avail-
able for the next regular meeting on December 20, 1977, and
the meeting was adjourned to Tuesday, December 13, 1977 at
7:30 P.M.
If you wish to apply for a Conditional Use Permit for a paddle
tennis court, it will be necessary for youto file the appli-
cation no later than Tuesday, November 29, so that the necessary
legal notice can be prepared, for.. publication. Plans must be
submitted no later than Tuesday, December 6.
Copies of the application for a conditional use permit, pertinent
ordinances and guidelines are enclosed.. It is recommended that
you contact the office for directions regarding specific inform-
ation which is now required by the Planning Commission when they
consider applications for conditional use permits.
Very truly yours,
Teena Clifton
City Manager,
TC/jc \
Encl.
copy: Mr. Stanton Lee -Phillips
Levinson, Rowen, Miller, Jacobs & Kabrins 1
8601 Wilshire Boulevard, Eighth Floor 1
Beverly Hills, California 90211. 1\
• •
35 CREST ROAD EAST
ROLLING HILLS, CALIFORNIA 90274
November 18, 1977
Mr. Forrest Riegel, Chairman
Rolling Hills Planning Commission
City of Rolling Hills
#2 Portuguese Road
Rolling Hills, CA 90274
Dear Forrest:
It is my understanding that the builder -owners of the almost com-
pleted premises at 33 Crest Road East are to come before you -shortly
in order to obtain a conditional use permit for the erection of a
paddle tennis court. The undersigned has, up to now, taken a some-
what low profile in the entire matter of the Burke residence and
appurtenances thereto, which is adjacent to our property.
Events which transpired last week in regard to the construction of
the paddle tennis court at 33 Crest Road East, with which I am sure
you are familiar, have offended the sensibilities of both ourselves
and the community to the. degree that I, for one, no longer intend to
remain low key in this matter. The builder -owners of this property,
by their blatant disregard of very clear instructions from officials
of our city and community association, have clearly indicated that
they care not one iota for their neighborhood or their neighbors.
Because of the above, we wish to be informed of any and all meetings,
both formal and informal that may be held by you in regard to this
paddle tennis courtor any other item pertaining to the Burke pro-
perty, so that we, ourselves, may be present in order that our views
and inputs can be heard.
During the latter part of last year, at the time the Burkes were
turned down on their tennis court application, they were informed,
in my presence, that they would have to go through the same proce-
dure for a paddle tennis court as -they had gone through for the regular
court. Although there is some `confusion as to whether or not earlier
this -year the conditions had been met, very clearly before concrete
was poured, the Burkes werewell aware of the fact that they had not
met the required prerequisites from the City of Rolling Hills for the
• •
Mr. Forrest Riegel
November 18, 1977 Page 2
construction of a paddle tennis court.
Please be advised that we do not intend to see the authority of the
City of Rolling Hills or any of its sub -divisions ignored or disre-
garded when we, ourselves, are affected detrimentally by that
action.
Very truly yours,
Thomas Wachtell
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
February 15, 1977
Mr. Daniel Burke
72 Saddleback Road
Rolling Hills, California 90274
Dear Mr. Burke,
This letter will serve to clarify the matter of your
request for a paddle tennis court. As you know, the
Association. and the City operate independently and have
different regulations. In this case, as occurred on your
tennis court request, the Association approved the design
but it was disapproved by the City. Subsequently, I
understand you have purchased a Community Association
permit for a paddle tennis court.
After a discussion about the possibility of a paddle
tennis court permit from the City of Rolling Hills the
city attorney advised the Council that it was now his
opinion that under Ordinance 33 (Zoning Ordinance for City
of Rolling Hills), Section 2.06 you would not be permitted
to construct a paddle tennis court without specific
approval from the Planning Commission.
Section 2.06: Limitation of Land Use. Except
as provided in this code, no building shall'be
erected, reconstructed or structurally altered, nor
shall any building or land be used for any purpose,
except as hereinafter specifically provided and.
allowed in the same zone in which such building and
land is located.
If you wish to discuss this matter and a possible re-
fund of your Association permit, please give me a call and
we can set up an appointment time.
Sincerely,
Teena Clift
City Manager
TC:ab
cc: Mr. Kinley
ORDINANCE NO. 146
AN ORDINANCE OF THE CITY OF ROLLING HILLS,•' CALIFORNIA
AMENDING ORDINANCE NO. 33.ENTITLED "AN ORDINANCE OF
THE CITY OF ROLLING HILLS, CALIFORNIA, PROVIDING FOR
ZONING IN SAID CITY
The City Council of the City of Rolling.iills, California does
ordain as follows:
Section 1. Section 3.01, subsection 3 thereof., is amended
to read:.
"3. Non-commercial residential recreational
uses, including
(a) Parks
.(b) Playgrounds
(c) Golf courses, swimming pools,
tennis courts, paddle tennis .courts, polo fields,
horseback riding rings, baseball fields, archery
ranges
.(d) Organized clubs to carry
out the above recreational uses, provided that
said club facilities are located more than 150 feet
from any residence in an RA-S zone."
PASSED, APPROVED and ADOPTED this 27th day of December, 1976.
ayor o the? C ty of Rolling Hills
/:
November 17,..1976
Mr. Michael Roberts
Suite 910, Global Marine House
311 ,West Seventh Street
Los Angeles, California 50017
Dear Mr. Robert
This Will confirm our recent telephone conversation, at
which time 1 advised you that there'would be a.$75.00.;
charge for filing an appeal W .th, the City. Council from
the decision of the ,Plannln�'; ComMission on October: 19,E Y
1976, ' denying; ,the a iplicatiens by Adrienne lurke for:
conditional' use permits for' con:�truction,.of a tennis
',court and ..swinming pool on' T.,o't, 70-A-1-MS, 33 Crest, Road.
East.:
The hearing on the appeal has .been set for Monday,
November 22, 1976 at 7 : 30' P.M. , and a field trip . by
members of the City Council has been scheduled for Sunday,
November .21 at 9:30 A.M. at the site, 33 Crest Road. East.
I wish also to,thank.you for your generous offer, to.
furnish 'a ' copy of .th.e ' transcript of the. Planning Com- ..
.mission' meeting on October 19, Which you said could ,be
supplied to .us at 'no charge. IZindly provide a copy for
,our files..
If you have any questions in connection with the appeal
process, please do not hesitate to call me.
.copy: Adrienne Burke
T°C / j c
Very truly yours,
Teena Clifton
City Manager, ,
:,.not hesitate to call me.
copies: Michael Roberts
Adrienne Burke
November 17,, 1976
Mr. Allen Mock.
11718 West Pico Boulevard.
Los Angeles, California 90064
Dear Mr. Mock:
The Rolling Hills City Council will make a. `field trip
to the Adrienne Burke property at 33 Crest road East,
Rolling Hills, on 'Sunday, ' November 21,' 1976'. at 9 30 A.M.
in connection with an appeal filed by the applicant of
the Planning Commission `s.denial of conditional use permits
for a swimming pool and tennis court on the property.
Kindly stake the property to show the location of the
proposed .po�l and tennis court. The Council has re-
quested that posts the'height :of the' proposed tennis
court fence (10 feet) be placed at the corners of the,
proposed court location.
The appeal will be heard by the -City Council at their
meeting on Monday, November 22, .1976 at 7:30 P.M.
If you have any questions about this matter, please do
Very truly yours, .
Teena Clifton.,
City Manager
•
FREDERICK L. SIMMONS
GRAHAM A. RITCHIE
WILLIAM D. SEGAL
MICHAEL W. ROBERTS
KAREN A. SHARE
OF COUNSEL
EDGAR PAUL BOYKO
LEONARD W. SCHROETER
ALBERT C. LUM
LAW OFFICES
SIMMONS, RITCHIE AND SEGAL
SUITE 910, GLOBAL MARINE HOUSE
811' WEST SEVENTH STREET
LOS ANGELES, CALIFORNIA 90017
AREA CODE 213 • 624-7391
October 29, 1976
City Clerk
City Counsel
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Re: Application of Mrs. Adrienne Burke
Zoning Cases nos. 165 and 166
Dear Clerk:
IN REPLY PLEASE REFER TO:
This letter will serve as notice of appeal from
the determination of the planning commission to deny our
clients° application for conditional use permits to construct
a tennis court and a swimming pool on their property at
33 Crest Road East.
The bases for the appeal are as follows:
1. The finding that the proposed :pool and tennis
court would detract from the use of surrounding property
and obstruct views is not supported by the evidence.
2. The finding that the overall development
of the property is not in keeping with the rural atmosphere
of Rolling Hills is not supported by the evidence.
3. The finding that there is substantial opposition
to the granting of the permits is not supported by the
evidence.
4. The finding that there would be view obstruction
from South Hill Drive northbound is not supported by the
evidence.
5. The commission erred in giving weight to
concerns expressed by residents outside the immediate area
of the proposed development.
6. The commission erred in concluding that the
proposed development would violate the purposes of ordinance
.no. 33.
City Clerk
October 29, 1976
Page Two
7. The commission abused its discretion in deciding
the two applications as a unit, rather than separately
on their own individual merits.
8. The commission abused its discretion in denying
the application for the permit to build a swimming pool.
9. The commission abused its discretion in denying
the application for construction of the tennis court.
Many of the statements made at the planning commission
hearing were descriptive of or characterized physical evidence.
It is far more just and proper if such physicial evidence
is represented in more accurate form, and, since, such form
was not presented to the planning commission by either
applicants or their opposition, the best interests of justice
will be served if the counsel takes new and additional
evidence at the hearing on this appeal. Accordingly, a
request is made for a de novo hearing to receive such evidence.
Yours very truly,
SIMMONS, RITCHIE and SGAL
-
BY ff),ff ` ,/./�1 �"
'Michael W. Roberts
MWR/df
cc: Mrs. Adrienne Burke
1110V 97 ,
el OF ROLLING p:
,'September 1, 1976.
Mr. Daniel C. Burke
72 Saddleback Road
Rolling Hills, California 90274
Dear Mr. Burke,
The Planning Commission will make a field trip to your.:
property on Crest Road East at 6:00 P.M. Tuesday,
September 14, in connection with your request for..
conditional use permits for construction of a swimminmg
pool and tennis court.
Prior to that date the Commission requests that you
verify the calculations submitted with your plot plan,
specifically the net lot area and total square footage
of the house, measured from roof overhang, not the
foundation line, and submit the information`n writing.
The calculations must be available to the Planning
Commission before the field trip, or it will be post-
poned to another date.
Please call if you haveany questions on this matter.
Very truly yours,
Teena Clifton
City Manager
TC/jc
0