560, Construct a new SFR on existin, Correspondence•
city o/ RO1L _AIL
April 27, 2000
General Bank
International Department
800 West 6th Street
Los Angeles, CA 90017
Attention: C. K. Mah
•
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: IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB-985045
MR. AND MRS. JAMES C. HAO
5 SAGEBRUSH LANE, ZONING CASE 560
Dear Sir or Madam:
Thank you for informing us of the subject Letter of Credit's terms and conditions and
that it will be cancelled after the current expiration date of June 16, 2000.
As noted in the Letter of Credit, "General Bank shall release the letter of credit back to
Mr. and Mrs. James C. Hao when the City Manager determines that the landscaping
has been, installed pursuant to the landscaping plan as approved and that such
landscaping is properly established and is in good condition, which period of time
shall not be less than two years after completion of the landscaping work."
Therefore, prior to June 16, 2000, the City will inspect the property and inform you to
release the Letter of Credit at that time.
Please call me at (310) 377-1521 if you have any questions.
Sincerely,
A,
Lola M. Ungar
Planning Director
cc: Mr. and Mrs. James C. Hao
Printed on Recycled Paprrr
Generaltank
Date: April 5, 2000
City of Rolling Hills
No. 1, Portugese Bend
Rolling Hills, CA 90274
Re: Our Standby Letter of Credit No. SB-985045
Applicant: James C. Hao and Lydia T. Hao
Beneficiary: Yourselves
Amount: USD89,815.00
Issuing Date: June 16,1998
Expiry Date: June 16, 2000
Gentlemen,
•
Subject to above -mentioned Letter of Credit's terms and conditions, we hereby no
that we elect not to consider this letter of credit be renewed for additional one years;-
will be cancelled after the current expiration date. ;
Please kindly acknowledge receipt by signing the attached sheet (copy) and returning .to
us at 800 W. 6th Street, Los Angeles, Ca. 90017 urgently.
Sincerely Yours,
Authorized Signature
INTERNATIONAL DEPARTMENT • 800 WEST 6TH STREET • LOS ANGELES, CA 90017 • (213)1 972-4159
General Bank
ii
Date: April 5, 2000
City of Rolling Hills
No. 1, Portugese Bend
Rolling Hills, CA 90274
•
I im p
APR 0 6 2000
GIN OF ROLLING HILLS
Re: Our Standby Letter of Credit No. SB-985045
Applicant: James C. Hao and Lydia T. Hao
Beneficiary: Yourselves
Amount: USD89,815.00
Issuing Date: June 16,1998
Expiry Date: June 16, 2000
Gentlemen,
Subject to above -mentioned Letter of Credit's terns and conditions, we hereby notify you
that we elect not to consider this letter of credit be renewed for additional one year. It
will be cancelled after the current expiration date.
Please kindly acknowledge receipt by signing the attached sheet (copy) and returning to
us at 800 W. 6th Street, Los Angeles, Ca. 90017 urgently.
Sincerely Yours,
dA
Authorized Signature
r
,
t
2(2 ��- " y
INTERNATIONAL DEPARTMENT • 800 WEST 6TH STREET • LOS ANGELES, CA 90017 • (213), 972-4159
•
C14 `R0ff JdfP,
February 23, 2000
Mr. Ross Bolton
Bolton Engineering Corporation
707 Silver Spur Road, Suite 201
Rolling Hills Estates, CA 90274
SUBJECT: EXPORTATION OF SOIL
12 RINGBIT ROAD EAST
Dear Mr. Bolton:
•
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
In response to yourletter of February 9, 2000 and in accordance. with Section
15.04.130 of the Rolling Hills Municipal Code, this letter is to inform' you that up to a
maximum of 100 cubic yards of soil from excavation of footings may be removed at
the Terajima residence at 12 Ringbit Road East to be exported by truck to 5 Sagebrush
Lane for the slope failure repair project at that address.
Please call me if youhave any further questions .at (310) 377-1521. Yourcooperation
is appreciated.
Sincerely,
Lola M. Ungar
Planning Director
cc: Mr. Craig Nealis, City Manager
Mr. Rafael Bernal, District Engineering Associate
Mrs. Peggy Minor, Rolling Hills Community Association Manager
Mr. Roger Vink, Architectural Inspector
Dr. and Mrs. Sachiko Terajima
Mr. and Mrs. James Hao
Mr. Andy Glassell, Glassell Development, Inc.
®Printed on Recycled Paper.
Bonto.En Engineering Cor or�i!ron
g 9 P
707 Silver Spur Road, Suite 201
Rolling Hills Estates, CA 90274
tel (310) 544-6010 fax (310) 544-0458
February 9, 2000
Craig Nealis, City Manager
City of Rolling Hills
#2 Portuguese Bend Road
Rolling Hills, CA 90274
Subject: Export dirt at #12 Ringbit East
Yoshio Terajima
Dear Craig:
We request the City allow the project to export approximately 100 cubic yards of dirt
from #12 Ringbit East.
This dirt was generated by excavation of foundations for the remodel project currently
being constructed. This excavated material was not anticipated as part of the project.
There isn't a grading plan needed for the remodel. This dirt needs to be exported to
allow the completion of the project.
The exported dirt is being trucked to #5 Sagebrush Lane for the slope repair project.
If you have any questions or need additional information please call me.
Sincerely,
7(,,e /A 7fic,
Ross Bolton, RCE 26120
President
r) �fl
Planning Department
City of Rolling Hills
Rolling Hills, CA
Attn.: Lola Ungar
Subject:
Reference:
Dear Lola,
SOUTH BAY ENGINEERING OMPANY
cl{'4I d;4Wlt`il9!I Yi asI•"74 tam' =l_rl;ld7- dIe.lc:
Hao Residence; #5 Sagebrush Lane
Rolling Hills, CA
Grading Plan
. December 31, 1998
CITY OF ROLLING HILS, •
414
ppruVo_
PLANNING DEPARTMENT
//6 /II
D iu
Enclosed are two copies of the current Grading Plan for the subject property as submitted to the
County.
The County continues it's review of the grading plan and have approved geotechnical reports in
consideration of the recent slump of a portion of the slope on the property. The current plan
incorporates plan check comments from the County's last review and does not include any
significant changes from the plan the City last reviewed and approved.
Please review the enclosed plan and, if acceptable, indicate City' approval on sheet 2 of one of the
sets. The second set is for your information and files. If you have any. questions please call me or
when approved call, so that we may pick up approved copy.
Thank you for your consideration.
SOUTH BAY ENGINEERING COMPANY
Michael D. Myers
RCE 30702
Director of Engineering
CC: Mr. & Mrs. James Hao
❑ 304 TEJON PLACE • PALOS VERDES ESTATES, CA 90274 • (310) 375-2556 IN L.A. (213) 772-1555 • FAX (310) 378-3816
❑ 521 SPECTRUM CIRCLE, SUITE A • OXNARD, CA 93030 • (805) 278-0381 • FAX (805) 278-0681
Cify olRolling Jh//S
MAIL & FAX
June 8, 1998
Mr. Yee -Horn Shuai
Shuai & Associates
301 E. Colorado Boulevard
Pasadena, CA 91101
Dear Mr. Shuai:
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
We have reviewed the language for the standby letter of credit for Mr. and Mrs.
James C. Hao and suggest the following be inserted in the "Documents required"
section:
"This letter of credit shall be released to the City of Rolling Hills if General Bank
receives a letter from the City Manager of the City of Rolling Hills stating that Mr.
and Mrs. James C. Hao have failed to complete the approved landscape plan in
accordance with Condition I of Section 9 of Resolution No. 97-19, dated July 15, 1997.
General Bank shall release the letter of credit back to Mr. and Mrs. James C. Hao
when the City Manager determines that the landscaping has been installed pursuant
to the landscaping plan as approved and that such landscaping is properly
established and is in good condition, which period of time shall not be less than two
years after completion of the landscaping work."
Once the Bank issues the letter of credit and the original document is received by the
City, we will be happy to exchange and release the certificate of deposit to the Haos.
Feel free to call me 'at (310) 377-1521 if you have any further questions.
Sincerely,
LOLA M. UNGAR
PLANNING DIRECTOR
Enclosure: Resolution No. 97-19
cc: Mr. and Mrs. James C. Hao
Printed on Recycled Paper.
• •
DRAFT be,
RESOLUTION NO. 97-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO RECOGNIZE
THE PREVIOUS ILLEGAL EXPORTATION OF SOIL FROM A
BASEMENT AND POOL AREA AT A SINGLE FAMILY RESIDENTIAL
DEVELOPMENT IN ZONING CASE NO. 560.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed on April 29, 1997, by Mr. and Mrs.
James Hao with respect to real property located at 5 Sagebrush Lane, Rolling Hills
(Lot 100-A-3-RH) requesting a Variance to allow the previous illegal exportation of
soil in excess of a previous Administrative approval. The application was made
after County inspectors detected that a substantial amount of soil was exported to 7
Maverick Lane that exceeded the amount permitted by Administrative approval
and that grading had begun at the Maverick Lane site with soil that had been
substantially increased without City and County approvals.
Section 2. In 1988, grading and building permits were issued for the
construction of a residence by Dr. J.W. Greenhut on the subject property. The
grading was never completed and all excavated soil was dumped back into the
excavation. A soils engineer did not make compaction tests as the excavation was
refilled. On June 21, 1994, Del Amo Savings Bank was granted Site Plan Review
approval for investigation to determine underlying strata and to repair previously
aborted grading at the site by Resolution No. 94-14 in Zoning Case No. 514. On
January 17, 1995, the Planning Commission approved an application for Site Plan
Review to construct a new single family residence by Resolution No. 95-1 in Zoning
Case No. 522 that required no grading and did not include a basement or swimming
pool.
Section 3. An "as graded" plan was submitted by the applicant that showed
substantial amounts of soil exported. At the construction site, soil had been
removed for a basement, septic tank, and a swimming pool that were not accounted
for on approved plans.
Section 4. The Planning Commission conducted a duly noticed public
hearing to consider the application for a Variance on May 20, 1997 and June 17, 1997,
and at a field trip visit on June 14, 1997.
Section 5. The applicants were notified of the public hearing in writing by
first class mail and through the City's newsletter. Evidence was heard and
presented from all persons interested in affecting said proposal, from all persons
protesting the same, and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. Concerns
RESOLUTION NO. 97-19
PAGE 1
• •
DRAFT
expressed by Planning Commissioners, residents and the applicant focused on the
excessive exportation of soil that took place without City and County approvals, and
the increased grading that took place without City and County approvals.
Section 6. The Planning Commission finds that the project qualifies as a
Class 3 Exemption [State CEQA Guidelines, Section 15303 (a)] and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity.
Paragraph 3 of Subsection 7016.9 of Section 15.04.170 of Title 15 (Building and
Construction Code) permits the City Manager to grant an exception to the balanced
cut and fill ratio under certain conditions to allow for the exportation of soil not to
exceed 500 cubic yards. The applicant requests the allowance of a previous illegal
exportation soil that is in excess of the previous Administrative approval. Soil
quantities cut were 1,750 cubic yards and dirt quantities filled were 370 cubic yards.
Of these quantities, 1,410 cubic yards of soil were exported to the Maverick Lane
building site. With respect to this request for a Variance, the Planning Commission
finds as follows:
A. There are exceptional and extraordinary circumstances and
conditions applicable to the property or to the intended use that do not apply
generally to the other property or class of use in the same zone because the lot is
irregular and previously aborted grading had occurred on the lot and required repair
and reexcavation. In addition, the quantities of soil necessary to excavate to create
the basement, septic tank and swimming pool had not been properly anticipated.
Without the soil exportation, the height of the building pad would be increased.
B. The Variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the same vicinity and
zone, but which is denied to the property in question. The Variance is necessary
because the excavations are complete, construction has begun and refilling the
excavations is not feasible without destruction of the residence. Additional exported
soil will not affect the stability of the project site.
C. The granting of the Variance would not be materially
detrimental to the public welfare or injurious to the property or improvements in
such vicinity and zone in which the property is located. The development of a
single family residence will allow a substantial portion of the lot to remain
undeveloped and the excavations do not change the profile of the development
when viewed from other properties.
RESOLUTION NO. 97-19
PAGE 2
• •
DRAFT
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 553 to permit the previously
illegally exported 1,410 cubic yards of soil that is in excess of a previous
Administrative approval as indicated on the development plan submitted with this
application and incorporated herein by reference as Exhibit B, subject to the
conditions specified in Section 9 of this Resolution.
Section 9. The Variance to permit the previously illegally imported 1,410
cubic yards of soil that is in excess of a previous Administrative incorporated herein
as Exhibit A in Zoning Case No. 560, is subject to the following list of conditions.
These conditions include applicable conditions of approval previously imposed on
the Site Plan Review application by Resolution No. 95-1 on January 17, 1995 in
Zoning Case No. 522. To the extent these conditions duplicate prior conditions
imposed on this project, the conditions set forth herein shall be considered as
continuations of those prior requirements:
A. The Variance approval shall expire within one year from the effective
date of approval as defined in Section 17.38.070(A).
B. It is declared and made a condition of the Variance and Site Plan
Review approvals, that if any conditions thereof are violated, the Permit shall be
suspended and the privileges granted thereunder shall lapse; provided that the
applicant has been given written notice to cease such violation and has failed to do
so for a period of thirty (30) days.
C. All requirements of the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise approved by Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A, dated December 16, 1994 in Zoning Case
No. 522, and Exhibit B, dated May 5, 1997 in Zoning Case No. 560, except as otherwise
provided in these conditions.
E. The property on which the project is located shall contain an area of
sufficient size to also provide an area meeting all standards for a stable and corral
with vehicular access thereto.
F. Structural lot coverage shall not exceed 9,306 square feet or 10.48% and
total lot coverage of structures and paved areas shall not exceed 14,946 square feet or
16.84%, except for the construction of a future swimming pool.
G. No changes in grade shall be permitted, except as provided in
Condition H.
RESOLUTION NO. 97-19
PAGE 3
• •
DRAFT
H. Any excavation for building foundations shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
I. A landscape plan must be submitted for review by the Planning
Department and include native drought -resistant vegetation that will not disrupt
the impact of the views of neighboring properties prior to the issuance of any
building or grading permit. The landscaping plan submitted must comply with the
purpose and intent of the Site Plan Review Ordinance, shall incorporate existing
mature trees and native vegetation, and shall utilize to the maximum extent
feasible, plants that are native to the area and/or consistent with the rural character
of the community.
A bond in the amount of the cost estimate of the implementation of the landscaping
plan plus 15% shall be required to be posted prior to issuance of a grading and
building permit and shall be retained with the City for not less than two years after
landscape installation. The retained bond will be released by the City Manager after
the City Manager determines that the landscaping was installed pursuant to the
landscaping plan as approved, and that such landscaping is properly established and
in good condition.
J. Neighbors shall be approached to address Traffic Commission
recommendations to: (1) trim foliage on the north side of Sagebrush Lane, as it
meets Upper Blackwater Canyon Road for a distance of 10 feet inward from the
roadway to a distance of 7 feet from the ground to accommodate sight distance and
(2) remove volunteer tree that is approximately 40 feet south of the driveway
entrance as it meets Upper Blackwater Canyon Road.
K. All retaining walls incorporated into the project shall not be greater
than five feet in height at any point.
L. Building permits shall be obtained for each structure, including the
proposed swimming pool and any retaining walls.
M. New grading plans shall be submitted to the County Department of
Building and Safety for grading plan check review and must conform to the
development plans approved with this application.
N. Total grading for. this project, including all other approvals for this
property, shall not exceed 1,750 cubic yards of cut soil and 370 cubic yards of fill soil.
No further soil shall be exported or imported at the property.
O. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
RESOLUTION NO. 97-19
PAGE 4
• •
DRAFT
Planning Department staff for their review. Cut and fill slopes must conform to the
City of Rolling Hills standard of 2 to 1 slope ratio.
P. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
Q. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
described in Condition A.
R. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Site Plan Review or the approval shall not be effective.
S. This approval shall not be effective unless and until the City's
Geologist, Mr. Arthur Keene, determines the site to be geologically stable and
adequate in its current condition for erection of structures thereon. A new
application for approval by the Planning Commission shall be required in the event
the City's geologist determines that the site is not geologically stable, or that
structures cannot be erected on the site in its present condition, or that the report is
not compatible with this Resolution.
T. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code,
any modifications to the project which would constitute additional structural
development, except for the construction of a future swimming pool that would not
require a Variance, shall require the filing of a new application for approval by the
Planning Commission.
U. All conditions of this Conditional Use Permit approval must be
complied with prior to the issuance of a building or grading permit from the County
of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 15TH DAY OF JULY, 1997.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 97-19
PAGE 5
•
DRAFT
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 97-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO RECOGNIZE
THE PREVIOUS ILLEGAL EXPORTATION OF SOIL FROM A
BASEMENT AND POOL AREA AT A SINGLE FAMILY RESIDENTIAL
DEVELOPMENT IN ZONING CASE NO. 560.
was approved and adopted at a regular meeting of the Planning Commission on
July 15, 1997 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 97-19
PAGE 6
• •
City ol Rotting „AIL
CERTIFIED MAIL
July 17, 1997
Mr. and Mrs. James Hao
30041 Highridge Road
Rancho Palos Verdes, CA 90275
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. 560, 5 SAGEBRUSH LANE (LOT 100-A-3-RH)
RESOLUTION NO. 97-19
Dear Mr. and Mrs. Hao:
This letter shall serve to notify you that the Planning Commission adopted a resolution on July
15,1997 to approve your request for a Variance to permit an unauthorized substantial amount
of soil that was previously exported in excess of a previous Administrative approval from a
site where grading has taken place for a previously approved Site Plan Review application to
construct a new single family residence in Zoning Case No. 560 at 5 Sagebrush Lane (Lot 100-
A-3-RH), Rolling Hills. That action, accompanied by the record of the proceedings before the
Commission will be reported to the City Council on August 11,1997.
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. 97-19, 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:
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
Include a check in the amount of $7.00 for the first page and $3.00 for each additional page.
sa
Printed on Recycled Paper
• •
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. 97-19
EXHIBIT A DEVELOPMENT PLAN
AFFIDAVIT OF ACCEPTANCE FORM
APPEAL SECTION OF THE ROLLING HILLS MUNICIPAL CODE.
cc: Mr. John Resich
Mr. Douglas McHattie
Mr. Andrew Glassell
• •
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
Recorder's Use
Please record this form with the Registrar -Recorder's Office and return to:
City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be notarized before recordation).
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA
COUNTY OF LOS ANGEL ES
CTTY OF ROLLING HILLS
ZONING CASE NO. 559
) §§
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT g
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
5 SAGEBRUSH LANE (LOT 100-A-3-RH)
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 559 SITE PLAN REVIEW 0
VARIANCE
CONDITIONAL USE PERMIT 0
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Print Print
Owner Owner
Name Name
Signature Signature
Address
City/State
Signatures must be acknowledged by a notary nubile.
State of California )
County of Los Angeles )
On before me,
Address
City/State
personally appeared
[ ] Personally known to me -OR- [ ] 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.
Witness by hand and official seal.
Signature of Notary
See Exhibit "A" attached hereto
and made a part hereof
• •
17.54.010
17.54 APPEALS
17.54.010 Time for Filing Appeals
A. All actions of the Planning Commission authorized by this
Title may be appealed to the City Council. All appeals shall
be filed in writing with the City Clerk.
B. All appeals must be filed on or before the 30th calendar day
after adoption of the Planning Commission's resolution on
the project or application. Application fees shall be paid as
required by Section 17.30.030 of this Title.
C. Within 30 days after the Planning Commission adopts a
resolution which approves or denies a development
application, the City Clerk shall place the resolution as a
report item on the City Council's agenda. The City Council
may, by an affirmative vote of three members, take
jurisdiction over the application. In the event the City
Council takes jurisdiction over the application, the Planning
Commission's decision will be stayed until the City Council
completes its proceedings in accordance with the provisions
of this Chapter.
17.54.020 Persons Authorized to File an Appeal
Any person, including the City Manager, may appeal a decision of
the Planning Commission to the City Council, in accordance with
the terms of this Chapter.
17.54.030 Form, Content, and Deficiencies in an Appeal Application
A. All appeals shall be filed in writing with the City Clerk on a
form or forms provided by the City Clerk. No appeal shall
be considered filed until the required appeal fee has been
received by the City Clerk.
B. The appeal application shall state, at a minimum, the name
and address of the appellant, the project and action being
appealed, and the reasons why the appellant believes that
the Planning Commission erred or abused its discretion, or
why the Planning Commission's decision is not support by
evidence in the record.
76
ROLLING HILLS ZONING
MAY 34, 1993
• •
1734.030
C. If the appeal application is found to be deficient, the City
Clerk shall deliver or mail (by certified mail), to the
appellant a notice specifying the reasons why the appeal is
deficient. The appellant shall correct the deficiency with an
amendment to the appeal form within seven calendar days of
receiving the deficiency notice. Otherwise, the appeal
application will be deemed withdrawn, and the appeal fee
will be returned to the applicant.
17.54.040 Request for Information
Upon receipt of a written and complete appeal application and fee,
the City Clerk shall direct the Planning Commission Secretary to
transmit to the City Council the complete record of the entire
proceeding before the Planning Commission.
17.54.050 Scheduling of Appeal Hearing
Upon receiving an appeal, the City Clerk shall set the appeal for a
hearing before the City Council to occur within 20 days of the filing
of the appeal. In the event that more than one appeal is filed for
the same project, the Clerk shall schedule all appeals to be heard
at the same time.
17.54.060 Proceedings
A. Noticing
The hearing shall be noticed as required by Section 1730.030 of
this Title. In addition, the following parties shall be noticed:
1. The applicant of the proposal being appealed;
2. The appellant; and
3. Any person who provided oral testimony or written
comments to the Planning Commission during or as part of
the public hearing on the project.
B. Hearing
The City Council shall conduct a public hearing pursuant to the
provisions of Chapter 1734 of this Title. The Council shall
consider all information in the record, as well as additional
information presented at the appeal hearing, before taking action
on the appeal.
ROLLING HILLS TONING
77 MAY 2A, 1993
• •
1734.060
C. Action
The Council may act to uphold, overturn, or otherwise modify the
Planning Commission's original action on the proposal, or the
Council may remand the application back to the Planning
Commission for further review and direction. The Council shall
make findings to support its decision.
D. Finality of Decision
The action of the City Council to approve, conditionally approve, or
deny an application shall be final and conclusive.
E. Record of Proceedings
The decision of the City Council shall be set forth in full in a
resolution or ordinance. A copy of the decision shall be sent to the
applicant or the appellant.
17.54.070 Statute of Limitations
Any action challenging a final administrative order or decision by
the City made as a result of a proceeding in which by law a hearing
is required to be given, evidence is required to be taken, and
discretion regarding a final and non -appealable determination of
facts is vested in the City of Rolling Hills, the City Council, or in
any of its Commissions, officers, or employees, must be filed within
the time limits set forth in the California Code of Civil Procedure,
Section 1094.6
78
ROLLING HILLS ZONING
MAY 24,1993
City ofieolliny JUL
June 19, 1997
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
Mr. and Mrs. James Hao
30041 Highridge Road
Rancho Palos Verdes, CA 90275
SUBJECT: Zoning Case No. 560, a request for a Variance to permit an unauthorized
substantial amount of soil that was previously exported in excess of a previous
Administrative approval from a site where grading has taken place for a
previously approved Site Plan Review application to construct a new single
family residence for property at 5 Sagebrush Lane, Rolling Hills, CA; more
precisely, Lot 100-A-3-RH.
Dear Mr. and Mrs. Hao:
This letter shall serve to notify you that the Planning Commission voted at their regular meeting
on June 17,1997 to direct staff to prepare a resolution to approve your request for a Variance in
Zoning Case No. 560 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 of
approval, at an upcoming meeting and make its final decision on 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 July 15, 1997. 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 July 28,1997.
Feel free to call me at (310) 377-1521 if you have any questions regarding this matter.
Sincerely,
LOLA M. UNGAR
PRINCIPAL PLANNER
cc: Mr. John Resich
Printed on Recycled Paper.
Cit o/ Ko`f'n�
FIELD TRIP NOTIFICATION
May 29, 1997
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
Mr. and Mrs. James Hao
30041 Highridge Road
Rancho Palos Verdes, CA 90275
SUBJECT: Zoning Case No. 560, a request for a Variance to permit an unauthorized
substantial amount of soil that was previously exported in excess of a previous
Administrative approval from a site where grading has taken place for a
previously approved Site Plan Review application to construct a new single
family residence for property at 5 Sagebrush Lane, Rolling Hills, CA; more
precisely, Lot 100-A-3-RH.
Dear Mr. and Mrs. Hao:
We have arranged for the Planning Commission to conduct a field inspection of your property to
view the "as built" grading on Saturday. June 14. 1997.
The Planning Commission will meet at 7:30 AM at 4 Buggy Whip Drive and then proceed to your
project site. Do not expect the Planning Commission at 7:30 AM but, be assured that the field trip
will take place before 9:00 AM.
The owner and/or representative should be present to answer any questions regarding the proposal.
Feel free to call me at (310) 377-1521 if you have any questions.
Ifitd‘114"--
LOLA M. UNGAR
PRINCIPAL PLANNER
cc: Mr. John Resich
Mr. Douglas McHattie
Mr. Andrew Glassell
Printed on Recycled Pane,
• 40
City o1) ie0m ill/Id
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 MEETING E-mail: cltyotrn@aol.com
May 7, 1997
Mr. and Mrs. James Hao
30041 Highridge Road
Rancho Palos Verdes, CA 90275
SUBJECT: Zoning Case No. 560, a request for a Variance to permit an unauthorized
substantial amount of soil that was previously exported in excess of a previous
Administrative approval from a site where grading has taken place for a
previously approved Site Plan Review application to construct a new single
family residence for property at 5 Sagebrush Lane, Rolling Hills, CA; more
precisely, Lot 100-A-3-RH.
Dear Mr. and Mrs. Hao:
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. 560 has been set for public hearing consideration by the
Planning Commission at their meeting on Tuesday, May 20, 1997.
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, May
16,1997. Please arrange to pick up the staff report to preview it prior to the hearing.
Please call me at (310) 377-1521 if you have any questions.
Sincerely,
-7
C/eet.
LOLA M. UNGAR
PRINCIPAL PLANNER
cc: Mr. John J. Resich, Jr.
®Printed on Recycled Paper
• •
City 0/Roiling Jhll
May 7,1997
Mr. John J. Resich, Jr.
840 West 9th Street
San Pedro, CA 90731
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: MODIFICATION OF STOP WORK ORDER IN ZONING CASE NO. 522
5 SAGEBRUSH LANE (LOT 100-A-3-RH), ROLLING HILLS, CA.
MR. AND MRS. JAMES HAO, OWNERS
Dear Mr. Resich:
Thank you for your letter of May 5, 1997, requesting modification of the existing
Stop Work Order at the subject site to complete the approved residential
development.
We have reviewed this request and determined that modification of the Stop Work
Order can only be strictly limited to construction of the approved residential
development. The current grading permit for the project site expired and an "as
graded" plan is still required to be reviewed and approved by the County.
We are preparing a letter to the applicants, Mr. and Mrs. James Hao, stating that the
Planning Commission will review and consider a request for a Variance to permit
an unauthorized substantial amount of soil that was previously exported in excess
of a previous Administrative approval on Tuesday, May 20, 1997 at 7:30 PM. The
Commission's decision is discretionary and may require the return of the soil
removed from the site to be returned to 5 Sagebrush Lane.
You should also be aware that although we are allowing the Stop Work Order to be
modified in a strictly limited manner, no grading or movement of soil at, to or from
the property is permitted or authorized at 5 Sagebrush Lane. We understand that
the current application seeks approval for the unauthorized exportation of a
substantial quantity of soil that exceeded the original Administrative approval. T h e
current application process is not yet complete and you must understand that any
grading beyond the original approved plan may be subject to amendment and the
exported soil may be required to be returned to the site. No grading shall be
permitted. Although the owner is not precluded from submitting a final grading
plan to the County for plan check, any such approval will not be effective until the
City's approval process is complete.
®Prinle.l 0.,
• •
Once again, the Stop Work Order is strictly limited to construction of the residential
development. The owner is not authorized to move any soil at, to or from the
property. The Stop Work Order for any grading work remains in effect.
Feel free to call me at (310) 377-1521 if you have any questions. We appreciate your
cooperation.
LOLA M. UNGAR
PRINCIPAL PLANNER
cc: City Council
Planning Commission
Mr. Craig Nealis, City Manager
Ms. Peggy Minor, RHCA Manager
Mr. Roger Vink, RHCA Architectural Inspector
Ms. Lata Thakar, District Engineer, County Building and Safety
Mr. Rafael Bernal, Senior Building Engineering Inspector, County Building and Safety
Mr. Michael Jenkins, City Attorney
Mr. Kevin Ennis, Assistant City Attorney
Mr. and Mrs. James Hao
Mr. Andrew Glassell
Mr. Dutch Phillips
c:1f, 0I ig.J //f6 INCORPORATED JANUARY 24, 1957
zr
October 8,1996
Mr. Andrew Glassell
5 Sagebrush Lane
Rolling Hills, CA 90274
SUBJECT: BALANCED CUT AND FILL EXCEPTION
Dear Mr. Glassell:
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX (310) 377-7288
E-mail: cityotrh@aol.com
Thank you for your letter of October 7, 1996. As we noted, Paragraph 3 of Section
15.04.150 of the Rolling Hills Municipal Code permits an exception to the balance cut
and fill ratio requirement of up to 500 cubic yards of soil to be exported or imported
when a structure cannot be completed without the requested import or export of
soil.
The export of 450 cubic yards of soil from 5 Sagebrush Lane may be used to finish the
Howroyd project at 7 Maverick Lane (130 cubic yards), the remainder for
Community Association road repair and for improvements to the Clif Hix Riding
Ring.
Please call me at (310) 377-1521 if you have any questions.
LOLA UNGA
PRINCIPAL PLANNER
cc: Ms. Peggy Minor, Rolling Hills Community Association Manager
Mr. Roger Vink, RHCA Architectural Inspector
®Punted on Recycled Paper,
I
October 7, 1996
City of Rollings Hills
2 Pprtugese Bend Road
Rolling Hills, Ca. 90274
Re: #5 Sagebrush Lane
Dear City Manager,
CITY OF ROLI 'Nir, HILLS
Approved 40 6.44. ,
PLANNING DEPARTN4NT
PieItio
Date
Pursuant to Sect. 7015.4 Paragraph #3; in
project has been started and that in order to
the project it is necessary for us to
450 cubic yards of dirt produced from
foot deep seepage pits and extra deep
ed by the County Building Department,
that we be allowed to remove the dirt
as possible.
that the
continue
export approximately
the 3 sixty-five
footings, both requir-
we respectfully request
from the site as soon
Sincerely,
CLAAA....6?
Andrew Glassell
VicZ� W t t) 1.0•T_ VAS FD 'FpR- Co MIA it r+SSOc. ?DAD (Z)_ pt4re ,
C t o
JODY MURDOCK
Maya
B. ALLEN LAY
Maya Pro Tem
THOMAS F. IiEINSHEIMER
Councimember
FRANK E. HILL
Couvirnember
GODFREY PERNELL, D.D.S.
Cou► c.imember
September 20, 1996
Mr. Doug McHattie
South Bay Engineering
304 Tejon Place
Palos Verdes Estates, CA 90274
Dear Mr. McHattie:
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
1310 377.1521
FAX (910) 377.7288
Emit cltyodrh®&olcom
Thank you for your letter dated September 19, 1996 requesting to export 240 cubic
yards of soil from the Blazevich job site at 1 Buggy Whip Drive. The letter appears
to satisfy the reasons why soil needs to be imported at 7 Maverick Lane and the Hix
Ring. However, you have not submitted any evidence supporting the need to
export the soil from 1 Buggy Whip Drive as required pursuant to Section 15.04.150 of
the Municipal Code (enclosed). Therefore, your request is denied at this time.
In order to consider your request for approval, you must comply with the
provisions of Paragraph 3 of Section 15.04.150 of the Rolling Hills Municipal Code
which provides an exception to the balance cut and fill ratio requirement.
Conditions which must be met include:
a. construction of the structure on the lot or parcel has commenced.
b. that the need to import or export soil could not have been foreseen prior
to commencement of construction and
c. that either the structure cannot be completed without the requested
import or export of the soil or that the emergency condition exists due to
the threat of land subsidence or other eminent danger.
Until the provisions of Section 15.04.150 are satisfied, and approval is granted by the
City, you are not permitted to export any soil from 1 Buggy Whip Drive.
® P.,ntea of. RecYc e. Pace.
Page 2.
We will promptly consider this matter when you submit the necessary written
evidence supporting your request. Should you desire to discuss this further, please
do not hesitate to call.
Sincerely,
14
Craig R. Nealis
City Manager
CRN:mjs
mchattie/export.corres
cc City Council
Lola Ungar, Principal Planner
Bernard Howroyd
Robert Jonas
•
I
15.E 140--15.04.150
•
15.04.150 Section 7015.4 amended. Section 7015 of
the Building Code, entitled 'Excavations,' is amended to
add subsection 7015.4 to read:
7015.4 BALANCED CUT AND FILL RATIO.
1. No export or import of soil shall be permitted
from or•to any lot in the City.
2. No grading plan for which a permit is required
shall be approved unless the amount of soil to be cut
from the site equals the amount of soil to be filled
on the site.
3. The City Manager may grant an exception to the
requirements of parts 1 and 2 of this paragraph (d) to
allow for the import or export of soil not to exceed
500 cubic yards if he or she finds, based upon written
reports and other information submitted, that all of
the following conditions are present: (a) construc-
tion of a structure on the lot or parcel has com-
menced, (b) that the need to import or export the soil
could not have been foreseen prior to commencement of
construction, and (c) that either the structure cannot
be completed without the requested import or export of
soil or that an emergency condition exists due to the
threat of land subsidence or other imminent danger.
(Ord. 257-U §1(part), 1995).
173 (Rolling Hills 5/96)
SO. BAY ENGINEERING 4 WPANY
September 19, 1996
Craig Nealis
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Dear Mr. Nealis:
o�illl�e]1i1�1H1U;ft�K�lii-1�1��1i13i1�11t1��i!`f�1i1'L
E E II!
SEP 2 0 1996
CITY OF RC.Li:i:a 1-':ilS
By
0
I was copied a letter from AGI Geotechnical, Inc. in which they stated a need for dirt at 7
Maverick Lane.
At this time I am requesting that we be allowed to export the allowable maximum of 500 cubic
yards of earth from the Blazevich property.
In as much as we have already moved 260 cubic yards to complete the Hilliard job, this would
leave 240 cubic yards that we would be allowed to export.
There has been an urgent request from the Caballeros to obtain dirt to finish the Hix ring.
I am estimating 110 cubic yards would complete that task. The remainder, 130 cubic yards, be
used to finish the Howroyd project as requested in the AGI letter, which is enclosed.
Thank you for your consideration.
Sincerely,
SOUTH BAY ENGINEERING COMPANY
- // /7 -7 CZ 6
Douglas K. McHattie
Vice President
96\neatis2.sam196ami:ja
❑ 304 TEJON PLACE • PALOS VEROES ESTATES, CA 90274 • (310) 375-2556 IN L.A. (213) 772-1555 • FAX (310) 378-3816
0 521 SPECTRUM CIRCLE, SUITE A • OXNARD, CA 93030 • (805) 278-0381 • FAX (805) 278-0681
•
A.G.I. GEOTECHNICAL, INC.
7247 Hayvenhurst Avenue, Unit A-2 • Van Nuys, CA 91406 • (818) 785-5244 • FAX (818) 785-6251
September 4, 1996 Job it 4-1332-03
Bernie Howroyd
#7 Maverick
Rolling Hills, Calif 90274
RE: Grading operations at above mentioned location
Dear Mr. Howroyd;
During my observations of the grading operations on the slope behind your residence, it is
obvious that the soil being placed is taking a tremendous shrink. This is not an uncommon
occurrence in this area and can generally be remedied with the importing of soil from another
local project. Since all of the criteria for your project is predicated on the pad reaching proposed
design elevation, and the high shrinkage factor is making that unlikely, you may be needing soil.
As luck would have it, a recent backfill design criteria change for the basement walls at
# 1 Buggy Whip Drive, here in rolling hills, allows you that opportunity.
If this is maybe of any benefit to you feel free to contact Dutch Phillips ( grading contractor )
# 1 Buggy Whip. The job site Phone is 310-541-9925 or the fax No. is 310-541-2969.
Thank you for your time,
Kevin M. , anleyGSenior Soil?hnician
Engineering Geology • Soil Engineering • Environmental Studies