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604, Construct retaining walls in s, CorrespondenceC 4,1 ie0ii JJ.•Pf, CERTIFIED MAIL June 27, 2000 Mr. Jerry Scarboro 9 Caballeros 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. 604, 9 CABALLEROS ROAD (LOT 32-SK) RESOLUTION NO. 2000-06 Dear Mr. Scarboro: This letter shall serve to notify you that the Planning Commission adopted a resolution on June 20, 2000 approving a Variance to encroach into the south side yard setback to authorize the retention with modificationsof previously, illegally constructed retaining walls and granting Site Plan Review approval to authorize the retention with modifications of previously illegally constructed retaining walls and illegally conducted grading to fill in rear yard pad areas at a single family residence at 9 Caballeros Road (Lot 32-SK), Rolling Hills, CA in Zoning Case No. 604. That action, accompanied by the record of the proceedings before the Commission was reported to the City Council on June 26, 2000. 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 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. 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. 2000-06, 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: 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 $9.00 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. 2000-06 AFFIDAVIT OF ACCEPTANCE FORM APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE EXHIBIT A DEVELOPMENT PLAN cc: Mr. Douglas McHattie, Bolton Engineering Corp. City opeollin9 May 23, 2000 Mr. Jerry Scarboro 9 Caballeros 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: ZONING CASE NO. 604, Request to modify a previously approved Variance to authorize the continued existence of an illegally constructed retaining wall that encroaches into the south side yard setback and a request to modify a previously approved Site Plan Review to authorize the continued existence of illegally constructed retaining walls and illegally conducted grading to fill in rear yard pad areas at an existing single family residence at 9 Caballeros Road (Lot 32-SK), Rolling Hills, CA. Dear Mr. Scarboro: This letter shall serve to notify you that the Planning Commission voted at, their regularr meeting on May 16, 2000 to direct staff.to.prepare a resolution to approve your request to modify a previously approved Variance to authorize the continued existence of an iliegally .constructed retaining wall that encroaches into the south side yard setback and a. request to modify a previously approved Site Plan Review. to authorize the continued existence of illegally constructed retainingwalls .and illegally•conducted grading to fill in rear yard 'pad 'areas at an existing single family residence at ,9.,.Caballeros; Road (Lot,32-SK), . Rolling; Hills, CA in Zoning Case No: 604 and shall be confirmed in the draft resolution that is being prepared. The Planning 'Commission will review and consider the, draft, resolution; together with conditions lof approval: at an upcoming meeting and make its final decisionon.,your application. at that subsequent meeting. The findings and :conditions of approval of the draft resolution ,will, be forwarded to you ,before being signed by the Planning Commission Chairman and City Clerk. The decision 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. The Planning Commission's action taken by resolution approving the development application is tentatively scheduled for Tuesday, June 20, 2000. 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, June 26, 2000. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sincerely, LOLA M. UNGAR PLANNING DIRECTOR cc: Mr. Douglas McHattie, Bolton Engineering Corporation Printed on Recycled r',ipc:r, MEMORANDUM At the March 21, 2000 Planning Commission meeting, the applicants, representative, Mr. Doug McHattie made reference that the Community Association had issued a fleet permit for this project. Commissioners requested staff to research the issuance of a fleet permit. Staff has learned from Community Association Manager Peggy Minor that a fleet permit was not issued to Mr. Scarboro. The Community Association Manager reports that the property owner was contacted after a truck hauling what was reported as top soil attempted to enter the City at one of the gates, without a entry permit. The Community Association permits top soil importation. The City has also not objected to top soil importation when it is used for landscape purposes and is not intended to change the elevation or contours of the land. The Community Association reports that Mr. Scarboro agreed to pay for each truck rather than purchase a fleet permit which would have allowed vehicles to pass without being checked in each time at the gate house. However, it is possible that a fleet permit was issued to the trucking company separate from Mr. Scarboro. However, Community Association Manager firmly expressed that issuance of a fleet permit in no way approves the importation of soil, that would be used to change the elevation or contours of the land. If fact, one of the original notifications the City received questioning this soil activity was from the Rolling Hills Community Association. CRN:mlk scarboro.mem 0 \\S a «, JERRY & LINDA SCARBORO 9 Caballeros Road MAY 6 2000 _J CITY OF ROLLING HALLS Ry The Committee viewed the property with property owners on May 16, 2000. Non -complying "as built" block wail is conditionally approved provided that grade below wall at northerly 1/2 be increased by 12" and wallbe planted with "creeping fig" (ficus repens) . Non -complying path lights are not approved ,"as built". Reduce number of lights by 50% and lower to within 4" of block wall, providing shields as discussed with property owners. The decision of the Committee was unanimous. • Mansoor and Manzar Mirsidi 1 Maverick Lane Rolling Hills, CA 90274 February 14, 2000 Honorable Members, Planning Commission City Of Rolling Hills 2 Portuguese Bend Rd Rolling Hills, CA 90274 Re: Zoning case No 604 9 Caballeros Road ( Lot 32-SK ) 1 I 11 FEB 1 4 CITY OF ROLLING' H IS We are the owner- residents of Lot31-Sk, in 1 Maverick Lane, sharing the property line all along the length of the subject property (Lot32-SK ). Our real concern is the overall handling or mishandling of this issue by the Management team of the City of Rolling Hills and the Rolling Hills Community Association. The illegal acts of constructing numerous unauthorized structures, Encroaching into unauthorized zones and making unauthorized modifications have been going on for over two years in this subject property. In past two years, innumerable truckloads of dirt, many times of what is reported to you have been brought to the subject property, weekend after weekends. The retaining walls are much taller than mentioned in note to you and have been backfilled covering up the problem. We have been subjected to incredible amount of inconvenience, health hazard and abuse of neighborly tolerance, all for believing that you, the people who know better, authorized the project! For a while their trucks were going through our driveway, which after couple hundred trucks, we refused the permission. Then from Friday afternoons to the end of weekends, trucks after trucks of dirt, tractors moving the dirt, the noise, the dust and commotion have been a rule. Is now over two years that we have never had a car without thick dust on it, even the day we washed the cars, the car in the garage or the other side of the house. Our lungs have been the victims of the same dust. The rush of trucks did not allow adequate time for sprinkling water to keep the dust down. • • Mansoor and Manzar Mirsidi 1 Maverick Lane Rolling Hills, CA 90274 There are many legitimate questions that the citizens of this city can raise about the way this case is gone so awry for so long. The citizens have Empowered Managers, commissioners and support staff to deal with these issues in timely manner, fair and equitable. We reported this at its start to the Community Association which in turn must have reported to the City Management! We have seen members of the Association staff walking Around the property, with the owner, several time, during the two years. They must have informed the city authorities of the illegal activities. What prevented the city from stopping the illegal project? Why did the Illegal activities keep repeating and kept being authorized? Why no one ever paid attention to our concern at the start of this problem? Why the companies and individuals who knowingly done all these illegal work are not barred from privilege of doing business in this city? Has there been influence peddling? Where was the association in all these? Where was the city attorney in all these? The owner of this subject property knows every rule by the book, and knows how and with who can take what he wants. After we refused to let his truck loads of dirt pass through our property, he called sheriff on us when we cut our own hedges, complaining that we might have cut a single One or two inches of one branch from his illegally grown bushes. That precision of his legal dogma indicates that he knows the rules very well and is taking you and us fora ride. Incidentally, In januaryl 8, 2000 Dr Sue Makita spoke in favor of this project. That is exactly blind leading the blind. Because Dr. Sue Makita herself has illegally built an entire room addition, without your authorization, a clear indication that she has no respect to laws, rules or authorities of this city. • • Mansoor and Manzar Mirsidi 1 Maverick Lane Rolling Hills, CA 90274 3 Related to Item 5 page 4 in a note to: Honorable Members of the Planning commission, From Lola M. Ungar Planning Director Publish, January 6,2000: The work was not done because Mr. Larry Arman, previous owner of the subject property, being very close friend of our then lawyer managed to take the $12,000 that was in escrow for that work. Mr. Larry Arman and our past lawyer are very close friends of the present owner. Therefore $12000 could have been passed to him. Also the portion of retaining wall that was supposed to be removed has illegally been extended and raised higher. We at this point, respectfully request the following: 1. Either the retaining wall on our side be put back where is legal; or there be a written promise that there be no more encroachment into the easement in our side, by trees shrubs vegetations and the like. They have already planted tree and ground cover behind the illegal retaining wall in the easement. 2. The access to the lower part of our property has totally been ruined by too many truckloads of dirt packed in upper part. Also by your approval numerous truckloads of dirt were taken from the shared easement in lower part making our access problem worse and possibly not correctable. We request that under the supervision of the City authorities, the access is returned to its original functional status. 3. By recommendation of community association, we keep the hedges on Maverick and Caballeros side short, in order to be able to see the traffic when we drive out of our driveway. We like a written promise that the owner of LOT 32-SK not to grow anything in the easement. Or if they do we have their permission to cut it to the height of three feet. After all, as a new project, they should have no right to grow anything on the easement. Our hedges have been there even before the city incorporated. We always keep it neat and they can enjoy it from their side. • Mansoor and Manzar Mirsidi 1 Maverick Lane Rolling Hills, CA 90274 We recognize the need for the neighbor's friendliness, cooperation and tolerance. This neighbor, after putting our family in most inconvenient way by passing hundred trucks over the weekends through our driveway, called sheriff for no reason whatsoever, complaining that we might have cut the tip of one single branch of his illegally grown hedge. We have never had done anything of any kind to him except denying the passing of his trucks after it became too burdensome to our family. We appreciate your attention to this kind of neighbor and request that you impress him with staying within legal and authorized activities. Otherwise this sort of self -authorizing person will be impossible to control. We pay Taxes, empower people we trust, including sheriff. There should be no excuse for bypassing, ignoring the authorities or abusing the power of these people against ourselves. Sincerely; With all respects;/ f1)cz„'do-01/ / 9/a aW Mansoor and Manzar Mirsaidi • • oo„...` City oi Roiling J t o December 9,1999 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 STATUS OF APPLICATION & NOTIFICATION OF MEETING1a11: cityofrh@aol.com Mr. Jerry Scarboro 9 Caballeros Road Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 604, Request to modify a previously approved Site Plan Review to authorize the continued existence of illegally conducted grading to fill in rear yard pad areas and illegally constructed retaining walls at an existing single family residence at 9 Caballeros Road (Lot 32-SK), Rolling Hills, CA. Dear Mr. Scarboro: 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. 604 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday. December 21,1999. 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, December 17,1999. We will forward a copy to you. Please call me at (310) 377-1521 if you have any questions. Sincerely, ./e& / LOLA M. UNGAR PLANNING DIRECTOR cc: Mr. Douglas McHattie Printed on Recycled Paper.