206, Construct tennis court, Correspondence� s
Ciiy .1) ler/Jn9 Jhff
April 20, 1978
Ms. Teena Clifton, City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
WILLIAM KINLEY
CITY ATTORNEY
SUITE 901
555 EAST OCEAN BLVD.
LONG BEACH, CALIF. 90E102
(213) 437-0973
re: Adrienne Burke - Paddle Tennis Court - Case No. 206
Dear Ms. Clifton:
Enclosed herewith is the original notice granting the Conditional
Use Permit in the above matter, which should be signed by you and
placed in the Burke file.
I have forwarded a copy of this document to Stanton Lee Philips,
the Burkes' attorney, and to Mrs. Adrienne Burke, by certified
mail, so that there can be no question about their getting the docu-
ments.
When the Council has authorized the release of the cash bond deposited
by the Burkes to guarantee the removal of the slab for the paddle tennis
court, you should not be too hasty in delivering those funds over to the
Burkes until you are satisfied that they are agreeable to accepting the
conditions set forth in the notice of the ruling, and that their attorney
is not objecting to the language used in this document.
Please note that the document provides that there shall be no recre-
ational activity on the court prior to 10 a. m. on Saturdays and Sundays.
I felt that this change of language is more explicit and could keep us out
of borderline activities in connection with the use of the court.
If you have any questions about the language in the permit, please do
not hesitate to call me.
Yours very truly,
William Kinley
kV
April 10, 1978
Members of the City Council
City of Rolling Hills,
California
Dear Council. Members:
'Recently neighbors of ours, Adrian,Burke and
Family, built a'home on Crest Road East.
They described the home,'pool and paddle tennis
court to me and on many ocassions we passed the home
while being built.. It is truly a lovely home and
addition to our rural community.
Pm sure when the landscaping begins to grow,'
it will become more country and more rural in
appearance, with good maintenance.,
They were ideal neighbors, quiet, neat and
courteous when they lived next door at 4 Chestnut
Lane. Iim sure'they will keep this home in good
condition.
Respectfully,
Patricia C. Hansen
6 Chestnut Lane
Rolling Hills
V''*City Council
*c.c. Adrian Burke
MILTON LOUIS MILLER
MARVIN D. ROWEN
PAUL LEVINSON
GARY S, JACOBS
RONALD M. KABRINS
SAMUEL M. ROBIN
STANTON LEE PHILLIPS
HARLEY I. WAGMAN
LAW OFFICES
Levinson, Rowers, Miller, Jacobs & Kabrins
A PROFESSIONAL CORPORATION
EIGHTH FLOOR
8601 WILSHIRE' BOULEVARD
BEVERLY HILLS, CALIFORNIA 90211
(213) 657-8822 AND 655-8833
March 27, 1978
MRS. TEENA CLIFTON
City Clerk
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 9027.4
RE: Notice of Appeal
Lot 70-1-MS
33 Crest Road East
Zoning Case No. 206
Dear Mrs. Clifton:
ZAD LEAVY
OF COUNSEL
CABLE ADDRESS
LEVROM
On behalf of Adrienne E. Burke, a Notice of Appeal
from the Planning Commission's decision of March 22, 1978,
in which the Planning Commission denied Mrs. Burke's applica-
tion for a conditional use permit is herewith and hereby
filed with you. It is the understanding of this writer that
the appeal must be taken within twenty days of the mailing
of the notice specified in Section 6.10 of Ordinance No. 33
as well as that which is provided for in Section 6.14 of that
same Ordinance.
This appeal will be based upon the grounds as set
forth in Ordinance No. 33, as amended, of the Ordinances of
the City of Rolling Hills, as well as those grounds specified
in California Code of Civil Procedure, Section 1094.5. With
greater particularity, the areas of error assigned are as
follows:
1. The action of the Planning Commission was
in excess of the Planning Commission's
jurisdiction as applied to the facts before
the Commission and was based on factors out-
side of the Planning Commission's authority
and jurisdiction.
2. Mrs. Adrienne E. Burke was denied a fair
hearing by an informed, impartial tribunal/
commission.
MRS. TEENA CLIFTON
City. Clerk
City of Rolling Hills
March 27, 1978
Page Two
3. The Planning Commission failed to proceed
in the manner required by law and as.re-
quired and agreed pursuant to stipulation
entered into between the City and the
applicant.
4. The decision of the Planning Commission is
a decision that is not supported by the
findings of fact as required by law.
5. The Planning Commission's decision is not
supported by the evidence and is the result
of passion and prejudice.
6. The findings and report of the Planning
Commission are erroneous and fail to
accurately set forth testimony and evidence
received by it.
7. The Planning Commission ignored substantial
evidence which mandated the granting of the
conditional use permit.
Additionally, on or about January 5, 1977, applicant
obtained building permit no. 2013 for construction. of a paddle
tennis court, which said permit was valid for a period of one
year, and which said permit was issued at a time when Ordinance
No. 33, as amended, on December 27, 1976, effecting subsection
3 of Section 3.01 of said Ordinance was not in effect.
Furthermore, the denial of the conditional use permit
to the applicant amounts to an arbitrary and unconstitutional
act as it deprives the applicant of the reasonable use and
enjoyment of the property in a form and fashion as is used and
enjoyed by other residents of the City and denies to the
applicant equal protection of the laws.
Please advise the undersigned of the time, date and
place of hearing on appeal before the City Council so that a
brief may be prepared and filed with members of the Council.
•
MRS. TEENA CLIFTON _
City Clerk
City of Rolling Hills
March 27, 1978
Page Three
Thank you for your cooperation.
Very truly yours,
LEVINSON, ROWEN, MILLER
S &
STANTON LEE PHILLIPS
SLP/cam
cc: Adrienne E. Burke
Daniel Burke
Michael Burke
By
MAR 2 8 1972
CFFY C E<CLt.E1.-'4B3 MILLS
a
•
•
' 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 court or any other item pertaining to the Burke pro-
perty, so that we, ourselves, may be present in order that ourviews
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 were well 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,
1 '
Thomas Wachtell
sM t
b
City (1 leoffiny
Mr. Daniel Burke
72 Saddleback Road
Rolling Hills, California 90274
Dear Mr. Burke,
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
February 15, 1977
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 popsibility 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 whichsuch 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.
TC:ab
cc: Mr. Kinley
Sincerely,
Teena Clift
City Manager
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 pins, California does
ordain as follows:.
Section 1. Section 3.01, subsection3 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, baseballfields, 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 th City of Rolling Hil
go f
oOwC90 (.?1
0/ ROtting it/4 INCORPORATED JANUARY 24, 1957
i•-
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
E-mail: cltyofrh@aol.com
September 12, 1996
Ms. Peggy Minor, Manager
Rolling Hills Community Association
1 Portuguese Bend Road
Rolling Hills, CA 90274
SUBJECT: 33 CREST ROAD EAST (LOT 70-1-MS)
DR. AND MRS. DAPO POPOOLA
Dear Peggy:
This letter is)`tb inform you that the request to repair and replace the 3,000 square
foot paddle tennis court at the subject property does not require further discretionary
review by the City Council. A Conditional Use Permit for the 40' x 75' court was
reviewed and approved by the Council on April 20, 1978 (Notice attached).
We have also attached a statement from Dr. and Mrs. Popoola supporting their
request.
Feel free to let me know if you have any further questions regarding this matter.
Sincerely,
LOLA M. UNGA
PRINCIPAL PLANNER
cc: Mr. Craig R. Nealis, City Manager
Printed on Recycled Paper.
SEPTEMBER 11, 1996
DAPO & LILLIE POPOOLA
33 CREST ROAD EAST
ROLLING HILL, CA 90274
STr4 r;' 77:n AO A110
*;1 j ti
TO: ROLLING HILLS COMMUNITY ASSOCIATION
TO WHOM IT MAY CONCERN:
AS REQUESTED, THIS IS A LETTER STATING THAT WE AGREE NOT TO POUR
MORE THAN 3,000 SQUARE FEET OF CONCRETE FOR OUR SPORTS COURT.
SINCERELY,
DR. DAPO POPOOLA, MD
LILLIE POPOOLA