863, Construct stairs and walls and, CorrespondenceA
•
City
February 25, 2015
Mr. and Mrs. Wheeler
38 Portuguese Bend Road
Rolling Hills, CA 90274
ZONING CASE NO. 863
Dear Mr. and Mrs. Wheeler:
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
This letter is to notify you that the City Council at their regular meeting on
February 23, 2015 approved your case in Zoning Case No. 863 and adopted
Resolution No. 1169.
Before this case takes effect you are required to record an Affidavit of Acceptance
Form together with the Resolution in the Office of the County Recorder.
Please read the conditions of approval, as some may have to be met prior to issuance
of permits, including certain certifications.
I am enclosing a copy of RESOLUTION NO. 1169 and THE AFFIDAVIT OF
ACCEPTANCE FORM specifying the conditions of approval set forth by the
Planning Commission and the approved Development Plan- to keep for your files.
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
(562) 462-2125
OR
LAX Courthouse 310-727-6142
11701 S. La Cienega Blvd. 6th Floor, Los Angeles, CA 90045
Confirm the hours of operation and, cost of recordation with the County Clerks
Office, as they change frequently.
Printed on Recycled Paper
•
A
The project still needs to be approved by the Rolling Hills Community Association.
Once approved, you will be required to prepare structural/construction plans and
submit to the Building and Safety Department for review and issuance of grading
and building permits.
Please make a copy of the Resolution for your records and keep a copy of the plans
with the conditions printed on the plans at the construction site at all times and
assure that the contractor adheres to the conditions in the Resolutions during the
entire construction process. Any deviation from the approved plans and conditions
of approval must be brought to City's attention for review prior to it being
implemented by the contractor.
Please call me at (310) 377-1521 if you have any questions.
anta Schwartz
arming Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 1169
SITE PLAN
cc: Dan Bolton, Bolton Engineering, (cover letter only)
William K. Koska, Fredrickson, Mazeika & Grant, LLP, (cover letter only)
f
RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
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. 863
XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
38 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (LOT 118-RH)
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. 863
XX VARIANCE XX SITE PLAN REVIEW
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
XX SITE PLAN REVIEW (SEE EXHIBIT A- ATTACHED)
Signature Signature
Name typed or printed Name typed or printed
Address Address
City/State City/State
Notary form revised 2015
• •
Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF
COUNTY OF
}
}
On . before me, , a Notary
Public, personally appeared
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Name of Notary:
Date Commission Expires
Commission No.
Notary form revised 2015
1
• •/-1-0-1-r-
RESOLUTION NO. 1169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ROLLING HILLS
APPROVING A REQUEST FOR A SITE PLAN REVIEW AND VARIANCE
REGARDING STAIRS, WALLS AND RELATED IMPROVEMENTS IN ZONING
CASE NO. 863 AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER).
THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Wheeler with respect to real
property located at 38 Portuguese Bend Road, Rolling Hills (Lot 118-RH) requesting a Site Plan Review
and Variance to allow a modification to a previously approved over-the-counter approval for
construction of stairways and related retaining walls located between the residence pad and lower
accessory pool pad, and for approval of new proposed improvements. The applicants seek to retain
certain unpermitted stairway, retaining walls, and related structures in their as -graded and as -built
condition, however, it has been determined that the as built project exceeds the scope of work that was
previously authorized administratively with respect to amount of disturbance, grading and height of
retaining walls, necessitating the filing of Site Plan Review and Variance applications. The applicants
have also constructed, and wish to retain an unpermitted 4' high retaining wall located easterly of the
bottom stairs and south of the existing guest house on the swimming pool building pad. Finally, the
applicants have also constructed and wish to retain a 15 square foot hose bib paved pad.
Section 2. The "as built" stairway, landings and patio feature is approximately 1,810 square
feet in area and consists of 5 levels created by approximately 202 lineal feet of retaining walls which
step down along staircases to a lower level. The main purpose of the structure is to provide pedestrian
access from the residential building pad to the lower pool pad; however, the structures also include a
patio, fire pit and water features (fountain and waterfall) at the second and third levels below the
residential pad, encircled on both sides by stairs. Two of the as -built retaining walls exceed 5 feet in
height, including a 7'7" wall at the back of the patio level and a 9'6" wall as measured from the bottom
of the footing at the back of the water feature level. A variance is requested for those walls.
Section 3. The applicants also request a Site Plan Review for several new retaining walls and
grading. Grading of 80 cubic yards total is requested for two parallel walls of 5'4" and 5'6" at the base
of the stairway forming a storage bench south of the previously approved covered patio on the pool pad
and a not to exceed 3- 3.5 foot high and 220 foot long retaining wall to extend from the bench wall and
continue in northerly direction along the existing gravel and dirt path. Although the storage bench walls
near the covered patio will be over 5' from the ground, once landscaped and graded out the exposed
portion above finished grade will not exceed 3' in height; therefore a variance is not required.
Section 4. Following Planning Commission approval of the project with certain conditions to
soften the walls and stairs with planting, the City Council took jurisdiction of the project. Pursuant to
Section 17.54.015 of the Rolling Hills Municipal Code, a review hearing for cases taken under
jurisdiction by the City Council shall be conducted as de novo hearings.
Section 5. The City Council conducted duly noticed public hearings to consider the
application on February 9, 2015 in the field and at their regularly scheduled meeting, also on February 9,
2015. Neighbors within 1,000-foot radius were notified of the public hearings and a notice was
published in Palos Verdes Peninsula News on January 29, 2015. The applicants were 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, neighbors and applicant's
engineer and attorney and the City Council having reviewed, analyzed and studied said proposal. No
objections were received from residents and staff received one letter of support for the project.
Section 6. The City Council finds that the project qualifies as a Class 4 Exemption (State of
CA Guidelines, Section 15304 - Minor Land Alteration) and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 7 - Variance. Sections 17.38.010 through 17.38.050 of the Code permit approval of a
variance from the standards and requirements of the Zoning Ordinance when, due to exceptional or
extraordinary circumstances applicable to the property and not applicable to other similar properties in
the same zone, strict application of the Code would deny the property owner substantial property rights
enjoyed by other properties in the same vicinity and zone. The applicants request a Variance to retain the
Resolution No. 1169 (38 Portuguese Bend Road) 1
• •
"as built" retaining walls that exceed 5' in height. Based upon the evidence in the record, the City
Council hereby approves the request for a variance in Zoning Case No. 863 to retain the "as built"
retaining walls exceeding 5' in height (the 7'7" wall at the back of the patio level and the 8' wall at the
back of the water feature level, as measured from the water level and 9'6"high as measured from the
footing) and makes the following findings:
A. There are exceptional and extraordinary circumstances and conditions applicable to the
property that do not apply generally to other properties in the same vicinity and in the same zone.
Section 17.16.190F of the Municipal Code provides that retaining walls may not exceed 5' in height
averaging 2 '/z feet. The site contains two building pads that have a significant (20 foot) difference in
elevation within a relatively short distance. While access between the pads may be accomplished with
the 3' high retaining walls previously approved, the applicants' representatives assert that the current
proposal is a superior design.
B. The variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other properties in the same vicinity and zone, but which would be denied to the
property in question absent a variance. Although the applicants could provide access between the
residence and the pool without having to construct retaining walls over 3' in height, that scheme would
require additional terracing of the land area and construction of intermediate walls in between the
terraces. The Municipal Code recognizes fountains and other water features as common design options
for residents; however, the shorter terraced walls that would be necessary to comply with the Code in
absence of a variance would deprive the applicants of the proposed fountain water feature.
C. In granting the variance, the spirit and intent of the Zoning Ordinance will be observed.
The purpose of the Zoning Ordinance is to regulate development in an orderly fashion and in a manner
consistent with the goals and policies of the General Plan. The landscaping plan presented at the
November 18, 2014 Planning Commission meeting and reviewed by the City Council would cause the
project to blend into the hillside and result in a natural, rural look consistent with the General Plan.
Further, a neighbor provided testimony that the project would not be visible from the road.
D. Approval of the variance would not afford the applicants special privilege because in
order to enjoy their property access is necessary to the lower pool pad from the residential pad and the
applicants have shown that the "as built" and proposed walls and structures will be constructed on a
portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with
trees and shrubs, is of sufficient distance from nearby residences and will substantially follow the
existing slope.
Section 8 — Site Plan Review -Proposed Development. Section 17.46.030 requires a development
plan to be submitted for site plan review and approval before any development requiring a grading
permit or any building or structure may be constructed. Based upon the evidence in the record, the City
Council hereby approves the request for Site Plan Review with respect to the proposed development
including grading and development of two parallel retaining walls at the base of the stairway forming a
storage bench south of the previously approved covered patio on the swimming pool pad proposed at
5'4" and 5'6" but not to exceed 3' of exposed height above grade.
A. The three proposed retaining walls would result in development compatible with
surrounding residences, the Zoning Ordinance and the General Plan requirement of low profile
development because the proposed walls would follow the natural slope of the land and would be
landscaped to achieve a natural, rural look. Additionally, the not to exceed 3.5' retaining wall will
contribute to further stability of the slope and not make the area look overbuilt would not disturb the
natural terrain more than necessary, and with the introduction of landscaping would be compatible with
the residential character of the lot.
B. The proposed retaining walls for the storage bench and the continuation of a not to
exceed 3'-3.5' high wall along the slope of the dirt path leading to the future stable area are consistent
with the purpose, goals, and requirements applicable to Site Plan Review. Specifically, the three
retaining walls are designed consistent with the General Plan and the Zoning Ordinance and will be
harmonious in scale and mass with the site, the natural terrain and surrounding residences because the
walls will not exceed 3' in height of exposed area above grade, will be located at the base of the
stairway at a lower elevation of the lot, and will integrate into the natural terrain and follow the natural
contours of the site and the wall along the path will retain a slope to prevent erosion and sloughing of the
dirt above it.
Resolution No. 1169 (38 Portuguese Bend Road) 2
• •
Section 9 - Site Plan Review-As-Built/As-Graded Develonment. Section 17.46.030 of the Zoning
Ordinance requires a development plan to be submitted for Site Plan Review and approval before any
grading requiring a grading permit or any building or structure may be constructed. Section 17.16.190F
requires a Site Plan review for walls over 3 feet in height. Based upon the evidence in the record, the
City Council hereby approves the request for Site Plan Review with respect to the "as built" 4' high
retaining wall to the south of the guest house and the 15 square foot "as graded" hose bib pad.
Specifically:
A. That portion of the proposed development is compatible with the General Plan and
surrounding uses because the 4' retaining wall and hose pad comply with the requirement of low profile,
low -density residential development with sufficient open space between surrounding structures. The
grading for both improvements is minor (a total of 35 cubic yards of cut and fill) on a large lot, and is
not contained in a concentrated area, therefore the lot would not have the appearance of having
unnatural terrain, as the grading blends into natural looking conditions, the wall is located on a side of
the existing guest house and is not visible from adjacent properties, and the hose pad has minimal impact
on the site.
B. The plan for the retaining wall substantially preserves the natural and undeveloped state
of the lot because it does not cause the lot to look overdeveloped. The 4' wall would create a flat area at
the side of the guest house, which would separate the guest house from the stair feature above.
Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The
nature, condition, and development of adjacent uses, buildings, and structures and the topography of the
lot have been considered, and the construction will not adversely affect or be materially detrimental to
the adjacent uses, buildings, or structures because the proposed improvements will be constructed on a
portion of the lot which is least intrusive to surrounding properties, will be screened and landscaped with
plants and shrubs, is of sufficient distance from nearby residences so that the proposed project will not
impact the view or privacy of surrounding neighbors.
C. The proposed 4' high retaining wall, as conditioned, and the hose pad, are harmonious in
scale and mass with the site, the natural terrain and surrounding residences. Both improvements are
consistent with the scale of the neighborhood for the reasons set forth above.
D. The proposed development is sensitive and not detrimental to the convenience and safety
of circulation for pedestrians and vehicles because the proposed development will utilize the existing
driveway.
E. The project is exempt from the California Environmental Quality Act.
Section 10. Based upon the foregoing findings and the evidence in the record, the City Council
hereby approves the proposed project subject to the following conditions:
A. The approval shall expire within two years from the effective date of approval as defined
in Sections 17.46.080(A) of the Zoning Ordinance unless otherwise extended pursuant to the
requirements of this section.
B. If any conditions of approval are violated, this approval shall be suspended and the
privileges granted hereunder shall lapse; provided that the applicants have been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested, has been held,
and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date
of the City's determination.
C. All requirements of the Building Code and the Zoning Ordinance including outdoor
lighting requirements, landscaping and all other requirements of the zone in which the subject property
is located must be complied with, unless otherwise set forth in this approval.
D. A revised site plan showing the approved improvements and the "as built" improvements
shall be submitted to the City and to the Building and Safety Department for review and issuance of
building permits. Building and grading permits shall be obtained and all fees and penalties shall be paid
based on the project approved herein.
E. This project including all hardscape shall be reviewed and approved by the RHCA. Any
deviations to this project that the RHCA may recommend or request, which would trigger additional
grading, require additional walls or affect any of the herein approved development shall be submitted for
review by the City.
Resolution No. 1169 (38 Portuguese Bend Road) 3
• •
F. The lot shall be developed and maintained in substantial conformance with the site plan
on file as required to be submitted to reflect this approval in subsection D above and the landscaping
plan submitted and stamp dated November 5, 2014. Any trees and shrubs used in the landscaping
scheme for this project shall be planted in a way that will not result in a hedge like screening and as to
not to impair views from neighboring properties but to screen the project site, including the walls.
G. Prior to submittal of final working drawings to the Building and Safety Department for
issuance of grading and/or building permits, the plans for the project shall be submitted to City staff for
verification that the final plans are in compliance with the plans approved by the City Council.
H. The licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate affirming that the plans conform in all respects to this
Resolution approving this project and all of the conditions set forth therein and the City's Building Code
and Zoning Ordinance.
Further, the person obtaining a building and/ or grading permit for this project shall execute a Certificate
of Construction stating that the project will be constructed according to this Resolution and any plans
approved therewith.
I. Structural lot coverage shall not exceed 9,784 square feet or 5.1% in conformance with
structural lot coverage limitations and includes 720 sq.ft. future stable. The total lot coverage shall not
exceed 27,332 square feet or 14.2%.
J. The disturbed area of the lot shall not exceed 68,813 square feet or 35.7% in
conformance with disturbed area limitations.
K. Grading shall not exceed 80 cubic yards of dirt total. All of the slopes disturbed due to
the construction of the stairs and walls shall be landscaped.
L. The two parallel walls forming the storage area, south of the covered detached patio,
which was approved previously, shall be exposed at a maximum of 3' from the finished grade. The
continuation wall along the dirt and gravel path along the easterly side of the path shall not exceed 220
feet in length and 3'-3.5' in height.
M. The entire access road to the future stable, which also provides access to the pool
building pad shall not be widened or paved, including with decorative porous pavers or similar material.
It shall remain covered with dirt, gravel or chips, until such time when construction of a stable is
approved and the access is reviewed and approved otherwise by the Planning Commission.
N. Two copies of landscaping and irrigation plans for the project including areas of
disturbance, shall be submitted for review by the Planning Department prior to obtaining a building
permit. The landscaping shall include water efficient plants and irrigation that incorporates a low
gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using
"hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce
water waste resulting from runoff and overspray.
A security in the amount of the cost estimate of the implementation of the landscaping plan (including
irrigation), plus 15% shall be required to be posted prior to issuance of grading and building permits and
shall be retained with the City for not less than two years after landscape installation. The retained
security will be released by the City after the City Manager or his designee determines that the
landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is
properly established and in good condition.
O. Minimum of 50% of the demolition and construction materials must be recycled/diverted.
The applicant's hauler/contractor shall obtain a Construction and Demolition permit from the City and
provide verification of recycling.
P. The property owner and/or his/her contractor/applicant shall be responsible for
compliance with the no -smoking provisions in the Municipal Code. The contractor shall not use tools
that could produce a spark, including for clearing and grubbing, during red flag warning conditions.
Weather conditions can be found at:
http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE.
Resolution No. 1169 (38 Portuguese Bend Road) 4
It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag
warning conditions.
Q. During construction, dust control measures shall be used to stabilize the soil from wind
erosion and reduce dust and objectionable odors generated by construction activities in accordance with
South Coast Air Quality Management District, Los Angeles County and local ordinances and
engineering practices.
R. During construction, conformance shall be required with storm water pollution
prevention practices, County and local ordinances and engineering practices so that people or property
are not exposed to undue vehicle trips, noise, dust, landslides, mudflows, erosion, or land subsidence.
S. During and after construction, all parking shall take place on the project site. Any
overflow parking may be on the adjacent roadway easements but shall not obstruct driveways or the
road.
T. During construction, the property owners shall be required to schedule and regulate
construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday
through Saturday only, when construction and mechanical equipment noise is permitted, so as not to
interfere with the quiet residential environment of the City of Rolling Hills.
U. The property owners shall be required to conform to the Regional Water Quality Control
Board and County Health Department requirements for the installation and maintenance of storm water
drainage facilities.
V. Perimeter easements and trails, if any, including roadway easements shall remain free and
clear of any improvements including, but not be limited to, walls, fences -including construction fences,
landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris
and equipment, except if approved by the RHCA.
W. Notwithstanding Section 17.46.020 of the Rolling Hills Municipal Code, there shall
be no further modifications, changes or variations to the project approved by this resolution and
any further development on the property, unless reviewed and approved by the Planning
Commission.
X. The applicants shall execute an Affidavit of Acceptance of all conditions of the Site Plan
Review approval, or the approval shall not be effective, and the Resolution recorded at the County
Recorders' office.
Y. All conditions, when applicable, must be complied with prior to the issuance of a grading
and building permit from the Building and Safety Department.
Z. Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in section 17.54.070 of the
Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF FEBRUARY 2015.
B. ALLEN LAY
MAYOR
ATTEST:
HEIDI LUCE
CITY CLERK
Resolution No. 1169 (38 Portuguese Bend Road) 5
• •
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1169 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
APPROVING A REQUEST FOR A SITE PLAN REVIEW AND VARIANCE
REGARDING STAIRS, WALLS AND RELATED IMPROVEMENTS IN ZONING
CASE NO. 863 AT 38 PORTUGUESE BEND ROAD, LOT 118-RH, (WHEELER).
THE PROJECT WAS DETERMINED TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
was approved and adopted at a regular meeting of the City Council on February 23, 2015, by the
following roll call vote:
AYES: Councilmember Black, Dieringer, Hill, Pieper and Mayor Lay.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
HEIDI LUCE
CITY CLERK
Resolution No. 1169 (38 Portuguese Bend Road) 6
Cit, ape ll,.y 44/i
February 11, 2015
Mr. and Mrs. Wheeler
38 Portuguese Bend Road
Rolling Hills, CA 90274
ZONING CASE NO. 863
Dear Mr. and Mrs. Wheeler:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
This letter is to notify you that the City Council at their regular meeting on February
9, 2015 reviewed your application in Zoning Case No. 863 and directed staff to
prepare a Resolution of approval, which will be considered at their meeting on
February 23, 2015.
The meeting to consider adoption of the Resolution will be held on February 23, 2015
at 7:30 PM at City Hall.
The staff report together with the draft Resolution with conditions, will be available
and will be mailed to you on Friday, February 20, 2015. The City Council's action
becomes final unless contested in a court of law.
Before this case takes effect you will be required to record an Affidavit of
Acceptance Form together with the Resolution in the Office of the County
Recorder. I will provide the instructions for recordation after the Council adopts
the Resolution.
Feel free to call me at (310) 377-1521 if you have any questions regarding this
matter.
Sinc rely,
Yanta Schwartz
P; nning Director
cc: Dan Bolton, Bolton Engineering
William K. Koska, Fredrickson, Mazeika & Grant, LLP
Printed on Recycled Paper
:gyp ct U RO/Ll••%Zg JL/I INCORPORATED JANUARY 24, 1957
CC
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
January 15, 2015
Mr. and Mrs. Wheeler
38 Portuguese Bend Road
Rolling Hills, CA 90274
ZONING CASE NO. 863
Dear Mr. and Mrs. Wheeler:
This letter is to notify you that the City Council at their regular meeting on January 12, 2015
reviewed your application in Zoning Case No. 863 and took it under jurisdiction, therefore
the Planning Commission's decision will be stayed until the Council completes its
proceedings. The City Council review hearing shall be conducted as a de novo hearing. The
Council may act to uphold, overturn or modify the Planning Commission's action or remand
it back to the Planning Commission for further review.
A public hearing to view the project has been scheduled and will be held on site, at 38
Portuguese Bend Road, on Monday, February 9, 2015 at APPROXIMATELY 8:15 a.m.
Members of the City Council will visit another project beginning at 7:30 a.m. and then
proceed to your property.
The retaining walls that are being requested and have not been built should be staked to
show their length and height.
The City Council will continue to discuss and deliberate this case at their regular meeting,
scheduled on Monday, February 9, 2015 beginning at 7:30 p.m. in the City Hall Council
Chambers, 2 Portuguese Bend Road, Rolling Hills, CA.
You and/ or your representative must be present at the meetings to answer questions the
City Council may have.
Feel free to call me at (310) 377-1521 if you have any questions regarding this matter.
S. . e ely,
Y.l.J to c . rtz
Pla �/ ing Director
cc: Dan Bolton, Bolton Engineering
William K. Koska, Fredrickson, Mazeika & Grant, LLP
Printed on Recycled Paper
•
City o iellinQ LILS INCORPORATED JANUARY 24, 1957
v
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
December 17, 2014
Mr. and Mrs. Steven Wheeler
38 Portuguese Bend Road
Rolling Hills, CA 90274
ZONING CASE NO. 863 "As built" stairs, walls, patio and new walls.
Dear Mr. and Mrs. Wheeler:
This letter shall serve to notify you that the Planning Commission adopted a
resolution on December 16, 2014, granting a request in Zoning Case No. 863.
That action accompanied by the record of the proceedings before the
Commission will be reported to the City Council on Monday, January 12, 2015
beginning at 7:30 PM. You or your representative must be present to answer any
questions the Council may have.
The Planning Commissions decision in this matter shall become effective thirty
days after the adoption of the resolution by the Commission, unless an appeal
has been filed within that thirty (30) day appeal period or the City Council takes
the case under their jurisdiction within 45 days of adoption of the Resolution.
(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.
Please submit 7 copies of the site and grading plans, including the landscaping
plans by December 31, 2014 for submission to the City Council.
A copy of the resolution was provided to you before. Please familiarize yourself
with the conditions of approval.
If no appeals are filed within the specified time frame, including City Council,
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. Instructions for recordation will be forwarded to you after the
Council's proceedings.
Printed on Recycled Paper
•
Feel free to call me at (310) 377-1521 if you have any questions regarding this
matter.
Siryce1re y,
Y anta Schwartz
P anning Director
cc:
Dan Bolton, Bolton Engineering
William K. Koska, Fredrickson, Mazeika & Grant, LLP
Rolling Hills Planning Commission: November 11, 2014
We are writing this letter in support of the beautiful staircase located
at 38 Portuguese Bend Road; the Wheeler Residence.
Our house is located down the canyon from the Wheeler's home, and we
absolutely love what they are doing to their property.
Steve and Lori Wheeler have obviously invested a significant amount of
time and money to improve and beautify their property. In turn, it
beautifies and enhances the neighboring properties as well.
We should all be thanking them. We would much rather look at the
beautiful natural PV stone they have chosen, as opposed to cinder block,
or railroad ties to retain the hillside. We can see the Wheeler staircase
directly from our backyard when we look up the canyon and we have no
problem with it what so ever.
What is so puzzling to us is the staircase cannot be seen driving on
Portuguese Bend Road, nor can it be seen driving on Georgeff Road.
Also, the view is down the canyon. To look up the canyon and see the
Wheeler's staircase, someone would have to come out almost to the end
of his or her property and crook his or her neck just to get a glimpse of
the staircase. We feel the project should definitely be approved.
Additionally, we would like you to be aware that Alida wrote a letter
quite a few months ago in favor of the Wheeler's project. It was
personally hand delivered by her to the City. We understand our Letter
was never submitted to the Planning Commission, and we would like to
know what happened to it.
Sincerely,
"Alida and Stevan Calvillo
11 Wagon Lane
To The Rolling Hills City Council,
FEB 0 6 2015
City of Rolling Hills
By�
February 3, 2015
Please see the attached letter we recently submitted to the Rolling Hills
Planning Commission in support of the Wheeler's staircase project,
located at 38 Portuguese Bend Road.
Stevan and Alida Calvillo
11 Wagon Lane
Rolling Hills
s.
•
City of Rolling Hills
No. 2 Portuguese Bend road
Rolling Hills Ca 90274
NOV 12 20111
City of Rolling Hills
By
Re: Wheeler's Staircase, Waterfall and Supporting Walls, Zoning Case 863
This document is confirmation of receipt for seven (7) copies of the following:
1. 11 Wagon Lane Rolling Hills, letter of support for project approval dated November 11, 2014.
Received by Date
Witness Date
Rolling Hills Planning Commission: November 11, 2014
We are writing this letter in support of the beautiful staircase located
at 38 Portuguese Bend Road; the Wheeler Residence.
Our house is located down the canyon from the Wheeler's home, and we
absolutely love what they are doing to their property.
Steve and Lori Wheeler have obviously invested a significant amount of
time and money to improve and beautify their property. In turn, it
beautifies and enhances the neighboring properties as well.
We should all be thanking them. We would much rather look at the
beautiful natural PV stone they have chosen, as opposed to cinder block,
or railroad ties to retain the hillside. We can see the Wheeler staircase
directly from our backyard when we look up the canyon and we have no
problem with it what so ever.
What is so puzzling to us is the staircase cannot be seen driving on
Portuguese Bend Road, nor can it be seen driving on Georgeff Road.
Also, the view is down the canyon. To look up the canyon and see the
Wheeler's staircase, someone would have to come out almost to the end
of his or her property and crook his or her neck just to get a glimpse of
the staircase. We feel the project should definitely be approved.
Additionally, we would like you to be aware that Alida wrote a letter
quite a few months ago in favor of the Wheeler's project. It was
personally hand delivered by her to the City. We understand our letter
was never submitted to the Planning Commission, and we would like to
know what happened to it.
Sincerely,
Alida and Stevan Calvillo
11 Wagon Lane
NOV 12 201',
City of Rolling Hills
By_
wsz „=[J
OCT 28201'
LETTER OF CONSENT TO EXTENSION OF TIME
Government Code Section 65957 City of Rolling Hills
By
Date: October 23, 2014
Application: Zoning Case No. 863
Department of Planning
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Attn: Yolanta Schwartz
Pursuant to California Government Code Section 65957, Mr. and Mrs. Steve Wheeler
hereby request and consent to a ninety (90) day extension to the time period specified in
Government Code Sections 65950, 65950.1 and 65952 for the City of Rolling Hills
Planning Commission to take action on the above referenced application at 38
Portuguese Bend Road (Lot 118-RH), Rolling Hills, CA.
�ignature�of Appfican 1)
or Applicant's Representative
3kw
Printed Name of Applicant (1)
or Applicai Representative
Airaty liZM
Sign u o Appl'nt (2)
or A• • I' ant's Representative
keE,124k
Printed Name of Applicant (2)
or Applicant's Representative
Received by:
i
City O J41/1, INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
October 23, 2014
Mr. and Mrs. Steven Wheeler
38 Portuguese Bend Road
Rolling Hills, CA 90274
ZONING CASE NO. 863 "As built" stairs, walls, patio and new graded areas and
walls.
Dear Mr. and Mrs. Wheeler:
This letter is to notify you that the Planning Commission at their October 21, 2014
meeting did not take action on the Resolution to partially approve and partially
deny your request. Instead, they continued the case to provide you an
opportunity to submit a revised project including a landscaping plan.
Please submit a revised plan, landscaping plan and any other information by
November 7, 2014 to be considered by the Planning Commission at their
November 18, 2014 meeting.
In addition, pursuant to the California Permit Streamlining Act, please sign the
enclosed form to request and consent to a maximum of 90-day extension to allow
the Commission to take action on the application, and return to me by October
30, 2014.
Feel free to call me at (310) 377-1521 if you have any questions regarding this
matter.
Sir)c rely,
lanta Schwartz
Planning Director
cc: William K. Koska, Fredrickson, Mazeika & Grant, LLP
Dan Bolton, Bolton Engineering
Printed on Recycled Paper
LETTER OF CONSENT TO EXTENSION OF TIME
Government Code Section 65957
Date: October 23, 2014
Application: Zoning Case No. 863
Department of Planning
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Attn: Yolanta Schwartz
Pursuant to California Government Code Section 65957, Mr. and Mrs. Steve Wheeler
hereby request and consent to a ninety (90) day extension to the time period specified in
Government Code Sections 65950, 65950.1 and 65952 for the City of Rolling Hills
Planning Commission to take action on the above referenced application at 38
Portuguese Bend Road (Lot 118-RH), Rolling Hills, CA.
Signature of Applicant (1)
or Applicant's Representative
Printed Name of Applicant (1)
or Applicant's Representative
Signature of Applicant (2)
or Applicant's Representative
Printed Name of Applicant (2)
or Applicant's Representative
Received by:
410
City emoth.
September 17, 2014
Mr. and Mrs. Wheeler
38 Portuguese Bend 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
ZONING CASE NO. 863 "As built" stairs, walls, patio and new graded areas and
walls.
Dear Mr. and Mrs. Wheeler:
This letter is to notify you that the Planning Commission visited your property
and held a public hearing in the morning of September 16, 2014 on the site and
reconvened the public hearing at their regular meeting on September 16 at 6:30
PM. At that meeting, after considerable deliberation and discussion, the Planning
Commission directed staff to prepare a resolution, with conditions, to approve
some aspects of your proposed project and to deny others as follows:
1. Disapprove the "as built" walls and water feature that exceed 3' in height
and construct only what was administratively approved in 2013. Building
permit for the construction must be obtained. Please note that the City is
in possession of a plan that was submitted and stamped by staff on
3/18/13; which is slightly different from the plan that was submitted to
the RHCA in 2013. In order to built as previously approved those two
plans must be identical and correspond to those approved by City staff.
2. Disapprove the requested grading and walls near and around the "as
built" hose bib pad at the upper level of the property.
3. Approve the "as built" retaining wing walls, not to exceed 4' in height,
located south of the existing guest house.
4. Approve the two proposed retaining walls, located south of the
previously approved covered patio, which would form an under deck
storage space. Maximum exposed height of those walls shall not exceed 3
feet.
5. Disapprove the continuation of the wall above (item 4) along the
dirt/gravel access way to the future stable.
The Commission will consider the resolution and make its final decision at their
October 21, 2014 meeting.
Printed on Recycled Paper
• •
The resolution with findings and conditions of denial and approval will be
forwarded to you prior to the next Planning Commission meeting. Please review
the resolution when you receive it.
The Planning Commission decision shall become effective thirty days after the
adoption of the resolution unless an appeal has been filed to the City Council by
you or any interested party within a 30-day appeal period; or the City Council
takes jurisdiction of the case within 45-days of the Commission's decision.
(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 action, accompanied by the records of the
proceedings will be presented to the City Council as a report item on their
agenda at the Council's regular meeting following the Commission's approval.
Feel free to call me at (310) 377-1521 if you have any questions regarding this
matter.
rely,
Is
anta Schwartz
nning Director
cc: Dan Bolton, Bolton Engineering