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none, Plans only - Install trellises, CorrespondenceCity 0/ leolliny November 18, 2003 Dr. and Mrs. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 SUBJECT: Alleged building and grading violations Dear Dr. and Mrs. Bizoumis: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE-BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310077-7288 E-mail: cityofrh@aol.com As you know, it was reported to the City that you have constructed a gazebo and barbeque/sink/cooking area combination in what appears to be the rear yard setback and that the legal nonconforming second story in the garage is being converted to living quarters. In addition a concern was expressed that the paved area adjacent to the garage constitutes a sports court. Thank you for allowing me and the Building Official, Rafael Bernal, to inspect your property with RHCA Manager Peggy Minor. We appreciate your cooperation. Our inspection revealed that the room above the garage is utilized for storage and that it does not contain bathroom or kitchen facilities, and therefore, there are no building violations in this structure. The paved area located to the north of the garage was determined to be a pre-existing use and not a sports court. Staff did not find evidence that this pad was created recently by grading of the adjacent hillside, and therefore, no violations are present. In the field we noticed that you have landscaped the slopes around this pad, and closed off the vehicular access to the pad. We noticed a movable basketball hoop and a tricycle on the pad. Please be advised that if any permanent recreation equipment is constructed on this pad or if permanent lines are painted for playing purposes, this pad, pursuant to the City's Zoning Code, will be categorized as a "sports court" and will require a Conditional Use approval from the Planning Commission. From our inspection of the gazebo and barbeque area it appears that these structures may be located in the rear yard setback. In addition, an electrical and gas permits are required for the barbeque. ®Panted (.in Ro(N:Ir:d I'.iurn It • • • Therefore, please submit a plot plan indicating the rear yard setback and the location of the gazebo and barbeque area in relation to the setback line, so that we may determine if these structures encroach into the setback. Section 17.16.130 of the Zoning Ordinance requires that every lot have a rear yard measuring no less than fifty feet from the rear property line. Section 17.12.240 defines "Required yard" as an open space that except as otherwise provided in the Zoning Code, "is unoccupied or unobstructed by any structure from the ground upwards". Pursuant to the Zoning Code, only a stable, a minimum of 25 feet from the rear yard property line, may be located in the rear yard setback. If the barbeque and gazebo were determined to be in the setback, approval by the Planning Commission would be required. This level of approval is consistent with the application of the Municipal Code to these types of structures in the City. Please submit the required Man by January 19. 2004, so that we may determine the location of these structures. Should we determine that these structures are not located in the setback, you will be required to obtain an over-the-counter approval from the City, the RHCA and an electrical and gas permit from the Building and Safety Department located in Lomita. Should you have any questions in this matter, please contact me at (310) 377-1521. Thank you in advance for your cooperation. S ncerely P64 • ('yolanta Schwartz Tanning Director CC: Mr. Craig R. Nealis, City Manager Ms. Peggy Minor, RHCA Manager Mr. Roger Vink, RHCA Inspector Mrs. Tina Greenberg Mr. Rafael Bernal, Los Angeles County District Engineering Associate • • City ofieltinv ihtf, FRANK E. HILL Mayor THOMAS F. HEINSHEIMER Mayor Pro Tern DR. JAMES BLACK Councilmember B. ALLEN LAY Councilmember GODFREY PERNELL, D.D.S. Councilmember November 10, 2003 Mrs. Tina Greenberg 32 Portuguese Bend Road Rolling Hills, Ca 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Dear Mrs. Greenberg: Thank you for expressing your concerns to City Hall relative to drainage on and around your property and the property of Dr. and Mrs. Bizoumis. On November 3, you informed us that Dr. Bizoumis had a drainage pipe on his property filled with cement over the previous weekend. This drainpipe apparently crosses through his property and empties into Portuguese Bend Road and appears to handle the drainage from your property, most specifically from a pipe on your property that was connected to that drainage pipe when a tennis court was constructed on your property in 1983. After we received permission from representatives of the Bizoumis', we met with his engineer, Mr. Ross Bolton to discuss the scope of work being initiated by the Bizoumis on their property. Los Angeles County Building Officials and the County drainage plan checker were also at the office meeting. Mr. Bolton informed us that the Bizoumis' are proposing to abandon the existing pipe to address maintenance and property damage concerns. The pipe, according to his report and investigation, travels through their property in a location that is not within an easement. Further, they are proposing to construct a new drainpipe, more closely aligned with the existing easement. A horizontal catch basin will be located in the easement between your property and the Bizoumis' property. Mr. Bolton confirmed that the existing pipe has been filled in with cement. Their intent is to construct the new drainpipe very shortly. Mr. Bolton reported that the Community Association has approved this new drainage system to be located in the easement. Association Manager Peggy Minor verbally confirmed this approval to City Manager Craig Nealis. 1 wood or, ti�lc:Yrlr;+.j I'nugt Mrs. Tina Greenberg November 10, 2003 Page 2 Mr. Bolton further informed us that the design of the new pipe took into consideration the volume and velocity of water draining from your property and portion of 6 Wagon Lane. Mr. Bolton did express that you could connect your pipe to this new pipe at the catch basin in the easement, and that the drain device could be installed to accommodate this connection, but that this represented a private matter that should be resolved between the property owners. However, should you not to connect to the pipe, Mr. Bolton feels that the catch basin will be able to accommodate the flow from your property and portion of 6 Wagon Lane. The Building Officials and the drainage plan checker determined that the project does not require permits or review by the County. Mr. Bolton informed us that the Bizoumis' invited you to connect to this new drainpipe. Such participation represents a private matter, as does your position that you have a legal standing to use the existing pipe. We understand your frustration. However, our research, as in our letter dated February 12, 2003 and March 6, 2003 supports that this drainage issue remains a private matter to be resolved by the property owners and the actions of the Bizoumis' do not violate any building or zoning codes. We urge you to contact Dr. and Mrs. Bizoumis to review their plans and engineering report and resolve the drainage situation to your mutual satisfaction. Regarding the other matters you reported regarding the alleged illegal conversion of the second story of the garage, grading and construction of a gazebo and barbecue at 30 Portuguese Bend Road (Bizoumis), we are investigating these concerns and will report our findings to you as soon as we have completed a thorough investigation. Should you have any questions or require additional information, please do not hesitate to call me at (310) 377-1521. Sincerely lanta Schwartz lanning Director YS:mlk 11/10/03grcenbcrg.doc cc: Craig Nealis, City Manager Peggy Minor, RHCA Manager Roger Vink, RHCA Architectural Foreman Dr. and Mrs. Bizoumis Ed Acosta, Supervising Engineer, Los Angeles County Department of Building and Safety Rafael Bernal, Los Angeles County Department of Building and Safety Oct-29:03 02:33pm From- T-111 P.002/003 F-262 r i • GERALD A. MALAT MELVIN H. MALAT LAW OFFICES OF MALAT F MALAT VILLAGE ON CANON 301 NORTH CANON DRIvE, SUITE 223 BEVERLY HILLS. CALIFORNIA 90210-4724 (3101 278-8700 TELECOPIER 1310) 273.4107 October 29, 2003 VIA FACSIMILE (31.01377-728S Mr. Craig R. Nealis, City Manager CITY OF ROLLING HILLS No. 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Dr. and Mrs. Dimitri Bizoumis Dear Mr. Nealis: Ouk FILE NUMBEP BIZ.01 E-MAIL Jorry®mmglaw.org meIvinemmglaw.org We represent Dr. and Mrs. Bizoumis, with regard to the drainage issues that they have at their residence, at 30 Portuguese Bend Road, Rolling Hills, California. As you may know, this problem became acute in or about February of this year, that is, our Clients learned that the Greenbergs (who live next door) changed the historical drainage, that affected the Bizoumis, Walker and Greenberg properties. Those changes, made by the Greenbergs, have caused significant damage to our Clients' property. At that time, per your research, as set forth in your letters of February 12, 2003 and March 6, 2003, it was determined that this was a civil matter between the three property owners, that the records did not indicate any public pipes or drainage systems, and that, in all probability, no permits would be necessary to correct the drainage. Further, you suggested that all affected parties work together to solve the problem. Since March, 2003, our Clients have attempted to convince the other affected property owners, particularly, the Greenbergs, who were causing the problem, to participate in a "long term solution" to the problem. The Greenbergs have steadfastly refused to participate in any way, or to correct the problems that they caused. Oct-29-03 02:33pm From- Y " • T-111 P.003/003 F-282 VIA FACSIMILE (3I01377-7288 Mr. Craig R. Nealis, City Manager CITY OF ROLLING IIILLS October 29, 2003 Page 2 Accordingly, in reliance on your letters, as set forth above, and the advice of the engineer, Ross Bolton, our Clients have commenced to correct the drainage, so as to comply with the historical drainage to the affected properties and to correct and repair the damage to their property. The work to be done is pursuant to the permits and approvals of the requisite authority, the Community Association. Furthermore, the Greenbergs and the Walkers have been provided with all pertinent reports and findings of our engineer. Based on the advice of the engineer, the solution that they have undertaken will not only correct the problem, but will stop and prevent any further damage to the Bizoumis' property, thereby limiting the responsibility of the Greenbergs. In the spirit of cooperation, notwithstanding our Clients' legal position, and based on our advice, our Clients have instructed their engineer, Ross Bolton, to contact you and to advise you as to what work will be done and, further, why such work is necessary for the protection of our Clients' property. Of course, if you have any questions in this regard, other than any engineering issues, please feel free to contact me. GAM:tnp cc (Via Fax): Clients Ross Bolton (310) 544-0458 Gerald A. Malat for MALAT & MALAT • • City .1) leolliny B. ALLEN LAY Mayor FRANK E. HILL Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember JODY MURDOCK Councilmember GODFREY PERNELL, D.D.S. Councilmember March 6, 2003 Dr. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dear Dr. Bizoumis: 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 As you recall, the City previously visited your property on February 12, 2003 with the County of Los Angeles to review drainage concerns you had expressed involving water from 32 Portuguese Bend Road and/or 6 Wagon Lane. At that time, the County did not express that the drainage device in question was a County structure. Additionally, the Planning Director had previously determined that the landscape modifications and horse turn -out at 32 Portuguese Bend Road did not constitute grading that would require discretionary review and therefore, perhaps, a drainage plan. At the time of our visit, we indicated that we would continue to research the drainage structures further and let you know if we learned otherwise. We have contacted the Los Angeles County Building and Safety Department, the Los Angeles County Flood Control District and the Los Angeles County Road Division. Each of these agencies did not have any records that wouiti indicate the presence of a County drain or drain pipe or other drainage device on or near these three properties in question outside of or within easements. There were records that show a County Road Department storm drain located in the roadway on Portuguese Bend Road but they did not report any private connections to that device. Therefore, as previously suggested, we urge all three property owners to work together and hire an engineer who could advise them on the best long term solution agreeable to all property owners. We stand ready to expedite any permits that may be required. Please be advised that any proposal may require Rolling Hills Community Association approval as well. ®Ptottorl,H, • • Dr. Dimtiri Bizoumis March 6, 2003 Page 2 Should you wish to discuss this further, please do not hesitate to call us at City Hall. You may either speak with me or Planning Director Yolanta Schwartz. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 03/03/03bizoum is.ltr cc: Dr. Rae Walker Mrs. Tina Greenberg Yolanta Schwartz, Planning Director Rafael Bernal, District Engineering Associate • • C1i o/ ie0m, B. ALLEN LAY Mayor FRANK E. HILL Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember JODY MURDOCK Councilmember GODFREY PERNELL, D.D.S. Councilmember February 12, 2003 Dr. and Mrs. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dear Dr. and Mrs. Bizoumis: 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 Thank you for expressing your concerns to City Hall relative to drainage on and around your property. Our immediate inspection of the situation did not uncover any building violations or drainage violations occurring on the property above you where water is flowing onto your property. It is our understanding that the above property owners will be taking steps to minimize the drainage onto your property. The County did not seem to express, nor do our records support, that the County of Los Angeles constructed the pipe located underneath your property. However, we will research this further and if we uncover any different records, we will alert you of our findings. We urge all three of the property owners involved to work together to resolve this drainage situation and reach a mutually agreeable solution. We will assist you in reviewing any drainage plans that require any drainage permits and facilitate any permit issuance process that may be required by the County. Should you wish to discuss this any further, please do not hesitate to call. We thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk 02/12/03 bizou m is.ltr cc: Mr. and Mrs. Stephen Greenberg Dr. Rae Walker Yolanta Schwartz, Planning Director Ed Acosta, Supervising Building and Safety Engineering Specialist Rafael Bernal, District Engineering Associate 4 MEMORANDUM TO FILE: MARCH 3, 2003 Dr. Dimitri Bizoumis 30 Portuguese Bend Road Rolling Hills, CA 90274 Dr. Ray Walker 6 Wagon Lane Rolling Hills, CA 90274 BRIEF HISTORY- DRAINAGE CONCERNS Mrs. Tina Greenberg 32 Portuguese Bend Road Rolling Hills, CA 90274 In early February, 2003, Roger Vink, the RHCA Inspector reported a complaint to me from Dr. Bizoumis that there exists a drainage problem between 30 and 32 Portuguese Bend Road, and that it may involve a County built drainage facility. The next day the City Planner and the Building Official met with Mrs. Greenberg at 32 Portuguese Bend Road and determined that there are no County built drainage pipes on the property and that there appears to be a severed corrugated pipe located along the bank between 6 Wagon Lane and 32 Portuguese Bend Road. Mrs. Greenberg indicated that the direction of the natural course was not altered recently and that it was always as it exists now. The Building Official recommended that Mrs. Greenberg get together with Dr. Walker to devise a plan to either cap off this pipe at the top of the bank and install a rip rap to properly dissipate the runoff on the entire bank, or connect the pipe to an existing drainage inlet located on Mrs. Greenberg's property past the turnout area. City Planner determined that the drainage issue was a private matter between the property owners and offered assistance in the processing of drainage review by the Building and Safety Department, once the neighbors agree on plan of action. Several weeks later, during a storm, Dr. Bizoumis called the City with a concern that the runoff 'from 32 Portuguese Bend Road, flowing across the easements between the properties is undermining the closed off trail behind his house, and indicated that this problem started after Mrs. Greenberg constructed the turnout area. City staff and the Building Official, together with Mrs. Greenberg and Dr. Bizoumis met in the easement between 30 and 32 Portuguese Bend Road to evaluate the situation. -LLargevolume-of-waterflowingfrom-the-area-of-the-corrugated-pipe-across-the-easement and behind Dr. Bizoumis' house was observed. However, it was determined that this is the natural course of the water and that neither the County nor the City is responsible for the runoff. The City Manager suggested that the owners cooperate in this matter and jointly address the situation. In addition, the City Manager informed the property owners that would research the location of County constructed pipes in the area, if any. Later in the week we met with Dr. Walker and Dr. Bizoumis concerning the same matter. Dr. Walker reported that the runoff that we saw in the field from the severed pipe on Mrs. Greenberg's property is not coming from 6 Wagon Lane, as she capped off pipes from her property that were carrying water onto 32 Portuguese Bend Road and re-routed the runoff to her driveway and onto Wagon Lane. She indicated that there might be some • • county drains in the area, which could be broken and therefore contributing to the large volume of runoff. The City Manager assured the property owners that we are researching if there area any county drains on the affected properties, and recommended that the neighbors jointly hire an engineer, who can advise them of the best way to repair and solve the drainage situation. We have contacted the Los Angeles County Building and Safety Department, the Los Angeles Flood Control District and the Los Angeles County Road Division and were informed that there are no records, which would indicate a presence of any County drain pipes or other drainage devices on or near the three properties in question or in the easements. A Los Angeles County Road Department storm drain is located in the roadway on Portuguese Bend Road north of 30 Portuguese Bend Road, but there are no connections to the private properties. Letter was sent on 3/3/03 informing the property owners of our findings from the County and urging the owners to work together to resolve this. YS/DrainagePBRd,Wagon Ln.