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468, Construct a stable and permit , Correspondence• BREIHOLZ QAZI ENGINEERING, INC. Civil and Structural Engineering Seismic Hazard Reduction JUL 2 7 2001 ()ITV'OF .,IRO1_t.:r t]_ .t. fgY TO: CITY OF ROLLING HILLS DATE: JULY 26, 2001 ATTN: YOLANTA JOB NO: 1-031X SUBJECT JOB: FISCHER / ROLLING HILLS PROP. / EXPERT WITNESS IN ANSWER TO YOUR REQUEST OF: WE ARE TRANSMITTING: ® HEREWITH ❑ UNDER SEPARATE COVER THE FOLLOWING: 0 SEPIAS 0 MARKED -UP PROGRESS PRINTS 0 TRACINGS .❑ GEOTECHNICAL REPORT 0 ORIGINAL AS -BUILT DRAWINGS ❑ PRINTS 0 DESIGN CALCULATIONS . 0 PLAN CHECK CORRECTIONS ❑ SKETCHES 0 SHOP DRAWINGS 0 BID PACKAGE 0 ENERGY CALCULATIONS 0 SOIL & GEOLOGY REVIEW Si ENGINEERING GRADING CONSULTANT STATEMENT SHEET NUMBERS: FOR YOUR: REMARKS: El USE ❑ FILES ❑ APPROVAL 0 INFORMATION ❑ COMMENTS ❑ PLANNING DEPT. SUBMITTAL 0 DISTRIBUTION ❑ BUILDING DEPT. SUBMITTAL IF ENCLOSURES LISTED ARE NOT RECEIVED PLEASE NOTIFY US. COPIES TO: 1852 Lomita Boulevard, Lomita, California 90717 TeI:, (310) 530-3050 Fax: (310) 530-0184 Email: engineer@bqe.com 05/15/01 TUE 10:03 FAX 310541411p FRANZ FISCHER ASSOCIATE• COUNTY OF LOS ANGE!. S D PARTMENT OF PUBLIC WORKS BUILDING AND SAFETY DIVISION ENGINEERED GRADING CONSULTANT STATEMENT Soh Addreee or Tract m0.2852 Palos Verdes Dr 4q Locality Rolling'' Hills Owe? Franz E . Fischer " contractor GRADING Permit do. 88 Eased upon observations, rough grading of the lmr.s Listed heiow hes been coa:leted its eonCe With piano therefor merited 'AF ROVEG" by the County; and Suildinr# Cade CZuoter 70. The but Ls no: limited to the Collae+ings gracing to aporosirmate tine/ elevations: stastin lines; location and gradient of tvt and fill aiepee; location, ora=s-sectional cone/ line gradient or -drainage evaded ant Gerracaa (grades ready far paving); berms ins inoiosted: and reaxsired Oraidege slopes provided on building pail=. LOT NOS_ As -built plans have been preps t Latest Flanre+rision date \ 6 \\CN\ 11 rk*: SEE »4'1z\ O �o' k «W \F \ N-SI\ En.raneer\> =rzt �� ST SOIL ENGIIIEtR • Hosed upon teats and observations, the earth >:ilIe placed on the Cc/laving lots were tastailed upon properly pre:area haze material Witt =spatted in compliance with requirement= of Building Code Seetten 11216. Fill slope enrfacea have been compacted and buttress rill- or similar atabi.i.icatien reersurea have been installed in accordance with mg reconsondati.cas as 'approved by the '@uiitiitsg arrl- Cal_ Sub -drains hove bean provided where required and location= or said sub -dram= ire 9i:own an plans sated. Reny. r2003 C 17 428 Exp. 6/30/2OO6 CIV\V See report dated for cnoneo ion test• data and procedure. recralrAinia= allowamie sail bearing values and otter special retommendations... >rFitESZVZ SOILS ("EMI Lisa) LOT NOS, BLiIIAF— rius (1g5) (Ho) L.aT RCS. Engineer to 3 05/15/01 TUE 10:03 FAX 51O541 FRANZ.FISCHER ASSOCIATE e 004 FINAL GRADING Er FIELD EN=R RB Eased upca ooservettane, the grading 3nhneQus:nt to the Rnegn Grading bed been ccmplee.ed in accordance with the approved p. Sad apeelfiCationn. Snrfaca'drainage' deviCe3 are in place es shoats an pse approved plant. Provisions have bet made ror drainage of surface waters ai oueyd proposed btaildingt . end their appurtenances. - LOT EOS. \ Rewrite: SEA ��1NC`\ .d Lb� 1�F1�Fi\tt11..\ Reg.. PLatrTl1M Mm milr TIQr3 SPAT rr 1:1.13T LANDSCAPE ARCAITEC: OR CIVIL 1GIME~t-s On slope planting le esteo1isnmd and irrigation systemis) installed in plans and aypllcaole provisicns of the builcinm qce. Landscape Architect or CS1ii Engineer flF.MME= UEZkatL: ; address or Tract Not; Report =preyed bye Items approved; . Rauga Grading Lot Numbers Final Grading — Lot S mmbere Planting & Irrigation —'Lot Nammber= Soils Report Dated Approved by llmsart s 4/4/ES Superoedec statement dated 6I4I84 Title Re„,. No.\ ;-( conformance w Permit Ho. \ QFESS/d el C. BR/17 /,`& A p 'cr & pp 47428 Exp. 6/30/2006 pama Data Date Date �r vr\-. p\ 4 SLOPE CERTIFICATION 1, Roland L. Blancaflor, a licensed Land Surveyor of the State of California (L.S. 4957), hereby certify that the slope in the permitted area (shaded) of the Final proposed grading plan prepared by David C. Breiholz and Company dated October 1, 1991 and December 3, 1991 (page 2), conforms to the conditions outlined (in red) on the plan and has a maximum slope of 2:1. 0A-107/ JA'`' Roland L. tlancanor L.S. 4957 Date: May 2, 2001 (310) 371=7202 Bus. (310) 371-7222 Fax • ei1y Rolling JId/ JODY MURDOCK Mayor B. ALLEN LAY Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember GODFREY PERNELL, D.D.S. Councilmember July 23, 2001 Mr. Franz Fischer P.O. Box 3660 Palos Verdes Peninsula, CA 90274 Re: Your letter of Tuly 6. 2001 Dear Mr. Fischer: • 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 This responds to your letter of July 6, 2001, in which you request that the City designate the driveway leading to your home as a fire road. The roadways over which the City exercises jurisdiction are enumerated in Section 10.04.090 of the Municipal Code; the City does not exercise any jurisdiction over private driveways. A driveway is defined in Section 10.04.050 as a "way or place within the City in private ownership and in use for vehicular traffic by the owner thereof and those having express or implied permission from the owner, but not by other members of the public." As described in the documents which you provided, your access road falls squarely within this definition. Paragraph 5(b)(2) of the Agreement Between Owners of Land which you provided with your correspondence would appear to give you a private right of action to enjoin your neighbors from parking on the paved driveway. The City cannot, however, impose or enforce any parking restrictions unless all of the affected parties were to request, and the Community Association were to assume jurisdiction over the driveway. Should you wish to discuss this further, please do not hesitate to call. Sincerely, 444f raig R. Nealis City Manger CRN:mlk 07/16/01 fischerl etter. doc ira Printed on Recycled Paper. FRANZ E. FISCHER December 5, 1995 Mr. & Mrs. George M. Lindahl 4 Roadrunner Road Rolling Hills, CA 90274 Re: Drainage Dear Mr. & Mrs. Lindahl: rnp DEC 1 2 1995 CITY OF 6;U � �... � ; .; LS By As you well know, I sustained substantial damage to my backyard and house during last winter's rain storm. The landslide in my backyard and flooding of my house was the result of the concrete drainage ditch above my home filling up with debris from the very steep easement between your's and the Cobb's lots. A significant contributing factor was that your drainage system apparently drains to the northeast corner of your house immediately adjacent to the above referred to easement. This drainage from your property goes towards a concrete basin that has a drain near its center. This drain was continuously plugged with leaves, causing all of the drainage from your lot to spill over into the easement and, in fact, cause much debris to fill up my drainage channel and cause the landslide in my backyard, leading to the flooding of my house. The pipe attached to your drainage basin spills out in the northeast corner of your lot into the easement immediately above our home. This drainage pipe was crushed by a vehicle traveling to your septic tank area and was, .therefore, not functional. I repaired this drain pipe during the rain storm, added two sections of 20 foot drain pipe, secured this drain pipe and, therefore, made the water exit in a less steep area of the easement, in the direction of the ravine. In my various short discussions with both of you, you indicated that in the future you would clear your drain basin so it would no longer overflow into the easement and cause damage to my property. You further indicated that you would change the entire course of your drainage from your property directly to the ravine. At this time I am not aware that you have undertaken any such promised actions, you have not improved your drainage basin by installing a domed grill nor have you expanded the drainage pipe at the bottom towards the ravine. Having waited through the summer to the end of November and the beginning of our rainy season I decided that I would have to protect and safeguard my house and property to the extent possible. For this reason, I have installed a less than one block high debris wall in my easement to protect against a reoccurrence of last winter's events. I do not intend to clear your drainage basin in the future, nor do I intend to repair your drain pipe or extend it towards the ravine. The extension that I have installed with your approval to this date can remain, but I think it is appropriate for you to provide proper drainage on your lot so you will not endanger my property and family. P.O. Box 3660, Rolling Aills, CA 90274 (310) 541-2112 • JP FRANZ E. FISCHER The review of your drainage, from the easement area only, by an engineer indicated that your current existing system is inadequate and confirms your own statement that it is designed inappropriately as drainage could be accomplished much more safely towards the major drainage course running along the west side of your lot in the form of a major ravine. Based on a complaint received, the City of Rolling Hills and Homeowners Association personnel has reviewed my installation and finds no fault with it. My discussion this morning with Lola Unger of the City of Rolling Hills indicates that the protective measure taken by myself is appropriate and warranted. I am certain that you do not want to incur the liability resulting from your present drainage set—up or the considerable expense that I had to go through last winter in order to safeguard my home and will, therefore, modify your drainage system so that it will no longer endanger our home, property and family. Last year I expended considerable time and effort to sandbag and level with a caterpillar the area that was eroded during the rain storm and hope and pray that I do not have to go through the same ordeal again this year. Any effort on your part to alleviate this danger would be greatly appreciated. Please keep me informed as to the progress of the promised abatement as I and my family will rest this year knowing that the required measures are undertaken by you. Very ;t,ruly 'ours, nz E. Fischer cc: Ms. Lola Unger, Director of Planning City of Rolling Hills Portuguese Bend Road Rolling Hills, CA 90274 LINDET L I TR P.O. Box 3660, Rolling Hills, CA 90274 (310) 541-2112 • • City o/ Roll ng INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 October 19, 1993 Mr. Franz E. Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 SUBJECT: EXPIRATION OF EXTENSION APPROVALS RESOLUTION NOS. 92-32 & 92-33 ZONING CASE NO. 468 Dear Mr. Fischer: It has been almost two years since your project was approved by the Planning Commission. We would like to remind you that your extension approvals for the subject zoning case will expire on December 15, 1993. Section 17.46.080(B)(3) of the Rolling Hills Municipal Code requires that any extension beyond the second anniversary shall not be granted unless a public hearing is held and approval granted in the same manner and based upon the same criteria as required for approval of the original project. Feel free to call me at (310) 377-1521 if you have any questions. Sincerely, PRINCIPAL PLANNER cc: Mr. Gary Wynn L.` Printed on Recycled Paper. Cuy 0/ ie0m December 18, 1992 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 Mr. Franz E. Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 SUBJECT: Time extension approvals for Zoning Case No. 468 Resolution Nos. 92-33 and 92-33 Dear Mr. Fischer: This letter shall serve as official notification that a one year time extension was APPROVED by the Planning Commission at their regular meeting on December 15, 1992 for the subject resolutions. We have enclosed a copy of Resolution Nos. 92-32 and 92-33, specifying the conditions of approval set forth by the Planning Commission. Note that Resolution No. 92-32 will expire on. December 7. 1993 and Resolution No. 92-33 will expire on January 11. 1994 unless you acquire permits before then, under Section 17.34.080.B you must refile based upon the same criteria as for the issuance of a new permit. Feel free to call me at (213) 377-1521 if you have any questions. SINCERELY, LOLA UNGA PRINCIPAL PLANNER cc: Mr. Gary Wynn RESOLUTION NO. 92-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 91-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT A SUBSTANTIAL AMOUNT OF PREVIOUSLY IMPORTED SOIL TO REMAIN ON THE SUBJECT LOT, AND GRANTING A VARIANCE TO PERMIT THE PREVIOUSLY CONSTRUCTED RETAINING WALLS THAT ENCROACH INTO THE FRONT YARD SETBACK TO REMAIN IN ZONING CASE NO. 468. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Franz Fischer with respect to real property located at 2862 Palos Verdes Drive North, Rolling Hills (Lot 992-A-RH) requesting a modification to a previously approved Variance to permit 470 cubic yards of previously imported fill soil to remain at the subject lot, and requesting a Variance to permit the previously constructed retaining walls to encroach within the front yard setback. The modification requested is to extend the allowable time period to acquire a grading permit and complete the required grading. Section 2. The Commission considered this item at a meeting on December 15, 1992 at which time information was presented indicating that the extension of time is necessary for the applicant to complete the project which had been neglected due to unforeseen business circumstances which required attention and frequent travel. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 10 of Resolution No. 91-31 to read as follows: "A. The Variance approvals shall expire within two years of the approval of this Resolution." Section 4. Except 'as herein amended, the provisions of Resolution No. 91-31 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF DECEMBER, 1992. ALLAN RORTS, CHAIRMAN ATTEST: MARILYN KE, DEPUTY. CITY CLERK RESOLUTION NO. 92-32 PAGE 2 The foregoing Resolution No. 92-32 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 91-31, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT A SUBSTANTIAL AMOUNT OF PREVIOUSLY IMPORTED SOIL TO REMAIN ON THE SUBJECT LOT, AND GRANTING A VARIANCE TO PERMIT THE PREVIOUSLY CONSTRUCTED RETAINING WALLS THAT ENCROACH INTO THE FRONT YARD SETBACK TO REMAIN IN ZONING CASE NO. 468. was approved and adopted a.t a regular meeting of the Planning Commission on December 15, 1992 by the following roll call vote: AYES: Commissioners Frost, Hankins, Lay, Raine and Chairman Roberts NOES: None ABSENT: None ABSTAIN: None DEPUTY CIT CLERK RESOLUTION NO. 92-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 92-4, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A STABLE ON A LOT IMPROVED WITH AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 468. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. Franz Fischer with respect to real property located at 2862 Palos Verdes Drive North, Rolling Hills (Lot 992-A-RH) requesting a modification to a previously approved Site Plan Review approval for a proposed new stable on a lot improved with an existing single family residence. The modification requested is to extend the allowable time period of the Site Plan Review. Section 2. The Commission considered this item at a meeting on December 15, 1992 at which time information was presented indicating that the extension of time is necessary for the applicant to acquire building permits for the project which had been neglected due to unforeseen business circumstances which required attention and frequent travel by the property owner. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A, Section 7/'of Resolution No. 92-4 to read as follows: "A. The Site Plan Review approval shall expire within two years of the approval of this Resolution." Section 4. Except as herein amended, the provisions of Resolution No. 92-4 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 15TH DA DECEMBER, 1992. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN .KERN, D PUTY CITY CLERK RESOLUTION NO. 92-33 PAGE 2 The foregoing Resolution No. 92-33 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 92-4, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION OF A STABLE ON A LOT IMPROVED WITH AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 468. was approved and adopted at a regular meeting of the Planning Commission on December 15, 1992 by the following roll call vote: AYES: Commissioners Frost, Hankins, Lay, Raine and Chairman Roberts NOES: None ABSENT: None ABSTAIN: None DEPUTY C1A!'Y CLERK FRANZ E. FISCHER December 3, 1992 Lola Ungar Principal Planner City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Expiration of Approvals Resolutions No. 91-31 & 92-4 Zoning Case No. 468 Dear Ms. Ungar: pg2P7k) DEC 0 4 1992 CITY OF ROLLING HILLS 8y Please extend the applications for one year on the above referenced matters. Due to unforseen business circumstances which required my full attention and frequent travel I have been unable to complete the project. I believe that the one year extension will allow ample time for completion of the project. Thank you for your consideration. Very/ truly yours, i / r Franz E. Fischer 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 City Rolling December 2, 1992 Mr. Franz Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 • SUBJECT: EXPIRATION OF APPROVALS RESOLUTIONS NO. 91-31 & 92-4 ZONING CASE NO. 468 Dear Mr. Fischer: • OLE INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 We would like to remind you that your approvals in the subject zoning case will expire on December 7, 1992, and January 11. 1993, respectively. You can extend approvals for one year only if you apply to the Planning Commission in writing to request an extension prior to the expiration date. Feel free to call me at (310) 377-1521 if you have any questions. Sincerely, LOLA UNGAR PRINCIPAL PLANNER cc: Mr. Gary Wynn Printed on Recycled Paper. Ci4f all2 PP,.S Jd,PP December 18, 1991 Mr. Franz Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 SUBJECT: ZONING CASE NO. 468: Request for Site Plan Review to permit the construction of a proposed new stable in the rear yard at an existing single family residence. Dear Mr. Fischer: This letter shall serve as official notification that the last portion of Zoning Case No. 468 as noted above was APPROVED by the Planning Commission at their regular meeting on December 17, 1991. The final Resolution and conditions of APPROVAL will be forwarded to you after they are si4ned by the Planning Commission Chairman and City Clerk. The Planning Commission's decision will be reported to the City Council at their regular meeting on January 13, 1992. You should also be aware that the decision of the Planning Commission may be appealed within twenty days after you receive the final Resolution (Sections 17.32.140 and 17.32.150 of the Rolling Hills Municipal Code). Also, please do not record the prior Resolution No. 91-31 just yet as it is being revised to include the DENIAL of the, Variance to permit a stable less than the required distance from a property line. Feel free to call me at (213) 377-1521 if you have any questions regarding this matter. Sincerely, LOLA M. UNGA PRINCIPAL PLANNER cc: Mr. Gary Wynn • • City oi ie0ti 1/ INCORPORATED JANUARY 24, 1957 CERTIFIED MAIL December 11, 1991 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 Mr. Franz Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 468. 2862 Palos Verdes Drive North (Lot 992-A-RH) APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM, Resolution No. 91-31: A Resolution of the Planning Commission of the City of Rolling Hills granting a variance to permit a substantial amount of previously imported soil to remain on the subject lot, and granting a variance to permit the previously constructed retaining walls that encroach into the front yard setback to remain on a lot improved with an existing single family residence in zoning case No. 468. Dear Mr. Fischer: This letter is to inform you that the City Council, at their meeting on Monday, December 23, 1991, will be notified of the Planning Commission's APPROVAL of Resolution No. 91- 31 in the subject case. The approval will become effective: (1) Twenty days after the receipt of this letter if no appeals are filed within that time period (Rolling Hills Municipal Code Section 17.32.140 attached). (2) An Affidavit of Acceptance Form and the subject Resolution must be filed by you with the County Recorder (Rolling Hills Municipal Code Section 17.32.087). We have enclosed a copy of RESOLUTION NO. 91-31, 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 ZONING CASE NO. 468 Page 2 enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward to: County Recorder. Room 15.227 North Broadway. Los Angeles. CA 90012 with a check in the amount of a $ 5.00 for the first vase 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 Principal Planner, Lola Ungar at (213) 377-1521 if you have any questions. Sincerely, Craig Nealis City Manager ENCLOSURES: RESOLUTION NO. 91-31, EXHIBIT A DEVELOPMENT PLAN, AFFIDAVIT OF ACCEPTANCE FORM, AND APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE. 411 i City ./ /2 f?nS November 25, 1991 Mr. Franz E. Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 INCORPORATED JANUARY 24, .1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377.1521 FAX: (213) 377-7288 SUBJECT: Zoning Case No. 468 Request for a Variance to permit the importation of a substantial amount of soil to the sublect lot, a request for a Variance to permit the construction of retaining walls in the front yard setback, a request for a Variance to permit the construction of a stable less than the required distance from a property line, and a request for Site Plan Review to permit the construction of a proposed new stable and residential additions. Dear Mr. Fischer: This letter shall serve as official notification that the underlined portion of Zoning Case No. 468 was APPROVED by the Planning Commission at their regular meeting on November 19, 1991. The final Resolution and conditions of APPROVAL will be forwarded to you after they are signed by the Planning Commission Chairman and City Clerk. The Planning Commission's decision will be reported to the City Council at their regular meeting on December 23, 1991. You should also be aware that the decision of the Planning Commission may be appealed within twenty days after you receive the final Resolution (Sections 17.32.140 and 17.32.150 of the Rolling Hills Municipal Code). Feel free to call me at (213) 377-1521 if you have any questions regarding this matter. Sincerely, 6% 4v--- LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. David C. Breiholz Mr. Gary Wynn FRANZ E. FISCHER October 31, 1991 Mr. Craig R. Nealis City Manager City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, California 90274 $lr 11l7 -W O C T 31 1991 ral Of Rolling Bills Re: Zoning Case No. 468 Dear Mr. Nealis: Thank you for your letter of October 25, 1991 regarding my case documentation in the above referenced matter. The documentation was requested to be enclosed by my engineer, Mr. Gary Wynn of David C. Breiholz Company, on Monday, October 21 and by myself on Tuesday, October 22. In both cases we had been assured that all documentation, including the letters and attachments to staff would be part of the Planning Commission packet. I am writing this letter to assure that not only the single letter of September 26 is made available to the Commission but all prior and subsequent documentation as supplied to City staff. The September 26 letter should include, in my opinion, the full application for a variance dated September 26, 1991 and including three attachments of the request for hearing. Items supplied should have been the following: 1. My letter dated October 8, 1991. to Ms. Lola Unger, the request for hearing for zone variance with three attachments, copy of previous building permit and the sign —off on the barn foundation; 2. Letter from Mr. Steve M. Calhoun dated September 27, 1991; 3. Letter to Ms. Lola M. Unger dated October 9, 1991, including a copy of the letter from the City Manager, Terrence L. Belanger, advising that a new barn addition, home remodel and garage did not require a zone variance; 4. Computation of lot coverage; 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 FRANZ E. FISCHER 5. Computation of buildable area and coverage thereof; 6. Request for site review hearing; 7. Owner's declaration; 8. Owner's acknowledgement; 9. Certified property owner's list affidavit; 10. Environmental information form; and 11. Copy of Norcal Engineering work agreement letter dated September 25, 1991. The reason that I requested that all of the above items be made available to the Planning Commission is that, obviously, the City must consider these documents to be important to require them to be filled out in the first place and, therefore, I would consider them important enough for the decision making body to be aware of these various items. In addition, I consider these items to be important, as they reserve our rights and explain our position with respect to adjacent properties and explaining features that adjacent properties have that, therefore, we should also be entitled to have. I appreciate your taking a personal interest in this matter and writing me a letter regarding your concern to fully inform the Planning Commission. I also appreciate that the site review was moved up by one week as I would like to get all of,the slopes stabilized with planting as soon as physically possible. The reduced time, however, leaves only a few days to construct the silhouette of the proposed garage, barn and porte cochere and to have this in place by Saturday, November 2 at 7:00 a.m. I assume that all plans submitted by the David C. Breiholz Company and myself have been made available to the Planning Commission. This should include two sets of landscape plans, including specifications. Again, thank you for your attention in this matter. I appreciate being able to work with you Very truly ours, FrE. /Aischer 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 011 City 01) Rolling GODFREY PERNELL Mayor GORDANA SWANSON Mayor Pro Tem GINNY LEEUWENBURGH Councilwoman JODY MURDOCK Councilwoman THOMAS F. HEINSHEIMER Councilman October 25, 1991 Mr. Franz Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 Dear Mr. Fischer: INCORPORATED JANUARY 24, J957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 Thank you for attending the regular meeting of the Planning Commission held Tuesday, October 22, 1991 relative to your application, Zoning Case No. 468. It has come to my attention that the letter you forwarded to the City of Rolling Hills on September 26, 1991, addressed to the members of the Planning Commission was not forwarded to the Commission until the night of the meeting. First, let me apologize for this error. Your letter should have been included in the original Staff Report which was forwarded to the Commission. It is the policy of the City of Rolling Hills to ensure that the Planning Commission receives full and adequate information to consider all cases under review. Printed on Recycled Paper. • 31y .1) JIt/I October 25, 1991 Mr. Franz E. Fischer. 2862 Palos Verdes Drive North Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 SUBJECT: Zoning Case No. 468 Request for a Variance to permit the importation of a' substantial amount of soil to the subject lot, a request for a Variance to exceed the maximum slope, a request for a Variance to permit the construction of retaining walls in the front yard setback, a request for a Variance to permit the construction of a stable less than the required distance from a property line, and a request for Site Plan Review to permit the construction of a proposed new stable and residential additions. Dear Mr. Fischer: We have arranged for the Planning Commission to conduct a field inspection of your property to view a silhouette of the proposed project on Saturday. November 2. 1991 at 7:00 AM. The site must be prepared with a full-size silhouette of the proposed project showing the roof ridge and bearing walls. We have enclosed Silhouette Construction Guidelines. The owner and/or representative should be present to answer any questions regarding the proposal. Feel free to call me at (213) 377-1521 if you have any questions. LOLA M. UNGAR PRINCIPAL PLANNER cc: Mr. Gary Wynn, David Breiholz and Company, Inc. • • Mr. Franz Fischer October 25, 1991 Page Two We will attach your correspondence to the agenda packet for the field trip scheduled at your location on Saturday, November 2, 1991. This will ensure that your correspondence will become an "official" part of the record on Zoning Case No. 468. Again, we apologize for this oversight. Sincerely, //Li4 Craig R. Nealis City Manager CN:ds cc: David C. Brieholtz and Company Inc. Lola Ungar, Principal Planner 00 FRANZ E. FISCHER October 9, 1991 Ms. Lola M. Ungar Principal Planner City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Zoning Case No. 468 2862 Palos Verdes Drive North (Lot 992—A—RH) Dear Ms. Ungar: Oaf; 9 l L li Please find enclosed a letter from the City Manager of the City of Rolling Hills dated May 24, 1988. This letter was written as a result of my submitting the stable/barn plans, approved by the architectural committee, and the previous owners' garage extension plans together with the fourth car addition and other modifications to the City of Rolling Hills. In reliance on this document various of the previous purchase terms were modified with the sellers (Mr. and Mrs. Siu). In comparing the current zoning ordinance Title 17 obtained from you on 10/8/91 with the copy of the same document obtained in the spring of 1988, I find no difference as to the zoning requirements as they apply to buildings listed in Section 17.16.010 (D). Because of the above, I have to assume that Mr. Belanger interpreted the ordinance at that time differently from your current interpretation. I suspect that the difference in interpretation came about because the barn/stable pad and its location had been approved previously, a building permit had been issued and the footing had been signed off by the Los Angeles County building inspector. Should you and Mr. Nealis agree with this reasoning of the previous City Manager please disregard the portion of the amended variance application submitted to you yesterday that applies to the stable/barn side yard set back. Please let me know of your conclusion in regard to this question. Very truly tours, )..../ 1 ischer cc: Mr. Gary Wynn, David Breiholz Inc. Enclosure 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 • FRANZ E. FISCHER October 8, 1991 Ms. Lola M. Ungar Principal Planner City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Zoning Case No. 468 2862 Palos Verdes Drive North (Lot 992—A—RH) Dear Ms. Ungar: In response to your telephone discussions of this date with Mr. Gary Wynn of David C. Breiholz Engineering Inc., I am enclosing an addition to the Request for Hearing for Zone Variance, City of Rolling Hills application submitted to you on September 27, 1991. Per your instruction, this variance application includes an application for a slope variance to approximately 1.5 to 1 in some areas of the imported and compacted soil and a variance for the barn location. I have been under the impression that the as built variance application included the slope in excess of 2 to 1 wherever it would apply on an as built basis and that for the barn location, no variance was needed as the existing concrete was located in the defined rear yard area. Per you request, I am also personally handing you the required fee of $750 for a site plan review. As detailed in the previous transmittal letter and application, I have retained Mr. Keith D. Tucker, registered geotechnical engineer of Norcal Engineering, to perform all of the required tests and certifications for the as built earth importation and slope. It is also my understanding that Mr. Gary Wynn will submit to you a revised site plan based on the as built survey completed in accordance with your request. Please note that the historic slope detail was developed based on old existing drawings and since that time a pool had been dug out on the property and the septic tank had been relocated. Both actions resulted in likely changes in the property contours. I have no specific knowledge of those changes, since they took place under a prior ownership approximately 10 — 12 years ago. 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 • • FRANZ E. FISCHER Should you have any other requirements please contact me. Very truly yours, Fr i�lz E[lFischer Enclosure: Variance Application 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 City o, ie0ti4 Jh/ NOTIFICATION LETTER October 4, 1991 Mr. Franz E. Fischer 2862 Palos Verdes Drive North Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 SUBJECT: Zoning Case No. 468 2862 Palos Verdes Drive North (Lot 992-A-RH) Dear Mr. Fischer: Your application for Zoning Case No. 468, a request for a Variance to permit the importation of a substantial amount of soil to the subject lot, has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday, October 22, 1991. (Note that for this month ONLY the meeting will be on the 4th Tuesday and not the usual 3rd Tuesday of the month). 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, October 18, 1991. Please arrange to pick up the staff report to preview it prior to the hearing. Please call me at (213) 377-1521 if you have any questions. Sincerely, LOLA M. UNGAR PRINCIPAL PLANNER Z1741,r_ cc: Mr. Gary Wynn, David C. Breiholz • September 27, 1991 To Whom It May Concern: .2,16.g.wv OCT - 9 1991 CITY OF ROLLING HILLS Mr. Franz Fischer of 2862 Palos Verdes Drive North in Rolling Hills has consulted us on numerous occasions regarding the new top soil placed near the north border of his property, and the re- landscaping of the northerly portion of his property, immediately adjacent to our property. Mr. Fischer has also kept us informed as to his plan to build a stable and garage additions to his property. It is our opinion that Mr. Fischer has completed the work to date in a professional manner, minimizing any inconveniences upon his neighbors. It is our opinion that the re -landscaping of his property will not only enhance his property, but will also provide more privacy and enjoyment for us on our property. very truly yours, Steve M. Calhoun, 2971 Plaza Del Amo #216 Torrance, Ca. 90503 SC/tl TOTAL P. 01 FRANZ E. FISCHER September 26, 1991 The Members of the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Variance Application — 2862 Palos Verdes Drive North, Rolling Hills Dear Planning Commissioners: With regard to the above referenced variance application I would like you to consider the following points: I started an application process with the Rolling Hills Homeowners' Association shortly after acquiring the property as my residence in 1988. The property was acquired with existing plans for a new 3 car garage and various other modifications. For these plans (by architect Ron Davis) previous architectural approval had been obtained and a building permit had been issued. The previous owner chose to sell the property rather than construct the planned improvements. During 1988 and 1989 I had David Breiholz and an architect designed and engineer a barn structure and the extension of the existing plans for a 3 car garage to a 4 car garage. Through numerous discussions with the Homeowners Association, City staff and my own engineer and architect, I was left with the impression that a 3 foot high retaining wall which I -planned to construct along the driveway and along the northwesterly property easement line, would not require a building permit. I was also of the impression that fill behind such a retaining wall did not require a grading/construction and/or building permit. For various personal and financial reasons, the planned improvements (ie. barn and 4 car garage) were not undertaken during 1989 and 1990. In the summer of 1990 I started to revive my original project and, because I had to remove and replace a substantial portion of my pool deck concrete, undertake the construction of the retaining wall at the same time that I had the cement and masonry people working on my property. In order to stay within what I understood were the building code requirements, the retaining wall was constructed only 32 inches high to be safely within the 3 foot high standard. It.is still my understanding that the uniform building code and numerous city codes in the South Bay area do not require a building permit for a retaining wall less than 3 feet in height. I was also advised by my contractor that a less 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 11140 FRANZ E. FISCHER than 3 foot high retaining wall did not require a building permit in the City of Rolling Hills. After the retaining wall was built, I became aware of the availability of some top soil and contracted with an excavation firm for the importation and placement of this top soil as of August 11. This contract called for the importation of 250 yards of soil to be placed behind the retaining wall and above the existing front yard of my house. On September 9, 1991 the Rolling Hills Homeowners' Association Building Inspector, Mr. Roger, visited my property and indicated that, even though I did not need a building permit for the retaining wall and the fill, that I should supply the Rolling Hills Homeowners' Association with a landscaping plan. I indicted to the Rolling Hills Building Inspector that I would immediately proceed to hire a competent landscaping firm to develop such a plan. One day later (September 10, 1991), after this initial visit, the County Building Inspector, Mr. Bernal visited my property and indicated to me that the City had received a complaint and that I should make an application for a grading permit and submit a landscaping plan. I indicated to Mr. Bernal that I had already agreed to submit a landscaping plan and that I would be glad to also submit a grading plan. On the day following, the City Manager, Mr. Frank Nealis and Ms. Lola Ungar visited the property and informed me that any import or export of soil was not allowed. The date of this visit was September 11, 1991. During this visit the City representatives showed me a hand sketch by the County Inspector that, in their interpretation, indicated that I had filled above the 3 foot high retaining wall. I proceeded to show the City representatives that the interpretation was incorrect, as there was no retaining wall at all in the area where they had assumed that the retaining wall had been covered. Also, the fill in this area was substantially below 3 feet. Based on the information received from City staff we stopped all importation of soil and ceased all compacting operations as of that date. After receiving written information from Ms. Lola Ungar, dated September 12, 1991, I discovered that Ordinance #232 became effective on September 11 or 12, 1991. Please note that this was the same day, or a day after, the date that all soil importation was stopped. I mention these dates in order to illustrate that the work I was doing was done in good faith, without any knowledge of any new ordinance being proposed, passed or active. 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112 1100 410ilip FRANZ E. FISCHER To the best of my knowledge, none of my immediate neighbors, namely the Fred or Steven Calhouns, have voiced any objection whatsoever to the work that was done on my property. To the contrary, I have discussed on numerous occasions with both Mr. and Mrs. Fred Calhoun and Mr. Steven Calhoun the work and the landscaping plans, so that a harmonious and attractive outcome would result. .Any complaints the City . may have received I am not aware of but can only speculate that they came from the neighbors whose pit bull nearly killed my eighteen month old son and against . whom we have taken some moderate action through the City Manager's office. Should you require any additional information, I will be glad to furnish it to you. For this purpose, and based on the City representatives' urging, I have hired an engineering company, David Breiholz and Co. Inc., a geotechnical engineer, Mr. Keith D. Tucker P.E, and a surveying firm, Kugler, Surveying and Mapping, to assist me in bringing this property improvement to an all around mutually satisfactory resolution I would appreciate it if I could plant the hillside as soon as possible in order to avoid any potential erosion. Veryjtruly ours, iF. ischer RHILLS.LTR 2862 Palos Verdes Drive North, Rolling Hills, CA (213) 541-2112