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none, Drainage Facility Covenant; Re, Correspondence y v • ' ,,NG HILLS Ct i� v" r 11141 MEMORANDUM TO: File FROM: Anton Dahlerbruch, City Manager SUBJECT: 1 Acacia Lane wall DATE: April 29,2010 Following receipt of plans, Planning Commission review and approval and the City Council's "receive and file" for construction of a barn at 1 Acacia Lane (Lieb), construction permits were obtained from Willdan Engineering. The permits included an approved variance for a 5-foot wall in the side yard setback on the westside of the project abutting Acacia Road. Over the ensuing months of construction, it became apparent to the Building Inspector that a portion of the westside wall was going to exceed 5 feet. Notices were provided to the contractor to address this situation and a meeting about the concern was with staff and the contractor at the property. Concurrently, the property owner also received authorization from the Building Inspector to grout the wall suggesting to him that the wall could be completed without modification. At the conclusion of the project; the property owner contacted the City for a final certificate of completion at which time it was necessary to address the wall height. The property owner provided information to the City to explain that it was a field condition that resulted in the higher wall. He pointed to inaccurate elevations at the beginning of the project that forced the outcome. Staff investigated the situation talking and meeting several times with the engineer of record (Bolton Engineering), talking and obtaining documents from the Building Inspector, and discussing the issue with the property owner. From the investigation, it appeared that there were a variety of faults among all the parties involved starting with the field condition of at least one inaccurate elevation. While it is one parties' word against another parties' word, the faults included poor.initial staking of the stable, inaccurate/incomplete benchmarks at the beginning of the project, allowing the S grouting of the wall, the contractor's failure to stop working to address the situation before the project was completed, and inconsistent detail on the approved plan. Noting that the property owner obtained a variance and went through the plan review and permitting process as was required (in other words, followed the process rather than skirt around requirements) and specifically because it was the field conditions that resulted in the higher wall, I authorized the final certificate of completion. Moreover, reducing the portion of the wall exceeding 5 feet is not practical or feasible. o��NG Hkity 9 CityO 'O/Ll�fL/1�� INCORPORATED JANUARY 24, 1957 O a O >- *zoZ v a NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS,CALIF.90274 (310)377.1521 FAX:(310)377-7288 February 10, 2010 Mr. and.Mrs. Philip Lieb 1 Acacia Lane Rolling Hills, CA 90274 Re: As built retaining wall— 1 Acacia Lane Dear Mr. and Mrs. Lieb: Thank you for stopping by the City Hall last week and explaining to me the issues you encountered during construction of the wall and further speaking to me on February 9, 2010 regarding the "as built"wall, which exceeds the prescribed and approved height of 5 feet. As I discussed with you (and with Mrs. Lieb and the contractor, when I met with them on site before the wall was completed), City staff has no authority to approve an over-height wall. To summarize our conversations of the past week, you will apply to the Planning Commission for a variance for the "as built" wall for the April 20, 2010 Planning Commission meeting. In order to properly notice the public hearing and review the project, your application, plans and a fee of $1,250 payable to the City of Rolling Hills, must be submitted to the Planning Department no later than March 31, 2010. I am enclosing a Variance application, with includes instructions for submittal. You may fill out this application using the information from your previous application. For the notification of the public hearing, we can use the address labels submitted with your prior application. You will be required, however, to submit plans and cross section of the wall and a site plan of your property. Please contact me at (310) 377-1521, as soon as you return from your trip, so that we may go over the requirements. S. ci ely, • .nta Schwartz ' :nning Director c: Anton Dahlerbruch, City Manager Richard Kellogg, Building Inspector, Willdan Engineering Printed on Recycled Paper • ;NG H!(4. k _ IReeee„ INCORPORATED JANUARY 24, 1957 VV NO.2 PORTUGUESE BEND ROAD ROLLING HILLS,CA 90274 (310)377-1521 FAX(310)377-7288 VARIANCE APPLICATION , NOTE:According to Section 17.24.020 of the Rolling Hills Municipal Code, illegal uses or structures are required to be made conforming or shall be removed, Therefore, you may be required to modify or remove any unauthorized or unlawful use or structure on your property prior to or in conjunction with this application. In addition,pursuant to Resolution No. 900 of the City Council, any use or structure which would require a discretionary permit but which is conducted without the acquisition of said permit,shall be subject to retroactive,discretionary permit process, and is subject to higher application fee. VARIANCE' A variance is a form of permit which is required of any property owner who seeks to vary from the provisions of the City's zoning ordinance in the development of property in the City. In order to obtain a variance, the applicant must be able to demonstrate that practical difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of the zoning provisions. Variances are considered and decided upon by the Planning Commission following a public hearing. APPLICATION AND REQUEST' FOR HEARING In order to obtain a variance, a property owner or his or her agent must submit an application and request a hearing before the Planning Commission.. To do so, the applicant should complete the requirements enumerated herein, assemble the necessary application documents and call to make an appointment at (310) 377-1521. Making an' appointment will assure that someone is available to explain the necessary procedures and review the case material for completeness and accuracy. PLAN SUBMITTAL PROCESS Applications must be submitted to the Planning Department as shown on the 'Planning Application Filing Deadline Schedule." Applications shall be deemed complete only after all required information is submitted and the application fees are paid. The City Manager or City Planner will meet with the applicant to discuss the proposal. Once an application has been accepted as complete by the City, a hearing will be set before the Planning Commission. Applications are considered at the regular meetings of the Planning Commission, which are held the third Tuesday of each month. Provide sufficient time in your plans to attend at least four meetings to allow the Planning Commission to study the facts presented and to make a field trip to review the physical conditions. The applicant or a representative must appear at the meeting. -1 rl • 0 HI(lts2� Qo City01/ //tn ' _ _ INCORPORATED JANUARY 24, 1957 mci NO. 2 PORTUGUESE BEND ROAD _ ROLLING HILLS, CALIF.90274 (310)377.1521 FAX:(310)377-7288 January 14, 2010 Mr. and Mrs. Philip Lieb 1 Acacia Lane Rolling Hills, CA 90274 Re: Retaining Wall Height— 1 Acacia Lane Dear Mr. and Mrs. Lieb: A letter dated November 19, 2009, enclosed, requested that you inform the City by mid December as to how you intend to obtain approval of the over height wall constructed along the side yard setback on your property. As measured, the wall at its highest point (approximately 6 feet 8 inches) exceeds the prescribed and approved height limit of 5 feet. As was discussed with you and your contractor, City staff has no authority to approve an over- height wall. Your options in resolving this situation are to either comply with the code by reducing the height of the wall to 5 feet, as originally approved, or to pursue a Variance from the Planning Commission through the public hearing process. Because the wall relates to your stable application, final approval of the stable is being withheld until this matter is resolved. It is requested that you respond by January 25, 2010 as to your plans to legalize the wall. If this matter is not resolved, it will be referred to the City Attorney for further action. If you have any questions please do not hesitate to contact me at (310) 377-1521. Since ely, cj4 Y. anta Schwartz Planning Director c: Anton Dahlerbruch, City Manager Richard Kellogg, Building Inspector, Willdan Engineering Printed on Recycled Paper ✓ v 0 ;. 0NG H!(ti is o 4 f t. O c.. 11 i / L i �mi_a IN ei0 ce ��-4, r INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 November 19, 2009 Mr. and Mrs. Philip Lieb 1 Acacia Lane Rolling Hills, CA 90274 Re: Retaining Wall Height- 1 Acacia Lane Dear Mr. and Mrs. Lieb: Thank you for meeting with Building Inspector Richard Kellogg and me recently at the site of your new barn to discuss the height of a retaining wall. Unfortunately, as we have discussed, the wall at its highest point (approximately 6 feet 8 inches) exceeds the prescribed and approved height limit of 5 feet. Several months ago during the course of construction I had met with your contractor and we discussed the 5-foot limit. City staff has no authority to approve an over-height wall. Your options in resolving this situation are to either comply with the code by reducing the height of the wall as originally approved, or to pursue a Variance from the Planning Commission through the public hearing process. Because the wall relates to your barn application, final approval of the barn must be withheld until this matter is resolved. It is requested that you inform me by mid December as to how you intend to proceed. As to scheduling, if you file a complete Variance application by mid January, we would most likely place your case on a Planning Commission agenda the next month (February 16). If you have any questions please do not hesitate to contact me at (310) 377-1521. Si c .rely, , /194._9--\SSA Y anta Schwartz Planning Director c: Richard Kellogg, Building Inspector, Wilidan Engineering ma _ o ZAG HI(` S tO IA. , r 'Z 440 LE 3 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)377-1521 FAX(310)377-7288 November 19, 2009 Mr. and Mrs. Philip Lieb 1 Acacia Lane Rolling Hills, CA 90274 Re: Retaining Wall Height— 1 Acacia Lane Dear Mr. and Mrs. Lieb: Thank you for meeting with Building Inspector Richard Kellogg and me recently at the site of your new barn to discuss the height of a retaining wall. Unfortunately, as we have discussed, the wall at its highest point(approximately 6 feet 8 inches) exceeds the prescribed and approved height limit of 5 feet. Several months ago during the course of construction I had met with your contractor and we discussed the 5-foot limit. City staff has no authority to approve an over-height wall. Your options in resolving this situation are to either comply with the code by reducing the height of the wall as originally approved, or to pursue a Variance from the Planning Commission through the public hearing process. Because the wall relates to your barn application, final approval of the barn must be withheld until this matter is resolved. It is requested that you inform me by mid December as to how you intend to proceed. As to scheduling, if you file a complete Variance application by mid January, we would most likely. place your case on a Planning Commission agenda the next month(February 16). If you have any questions please do not hesitate to contact me at (310) 377-1521.ySic rely, / SA Y anta Schwartz Planning Director c: Richard Kellogg, Building Inspector, Willdan Engineering s • • Wed,Jan 9, 2008 3:46 PM Subject: RE: Acacia Ln Drain/ (PVDR.N.) Date: Wednesday, January 9, 2008 2:30 PM From: Eckert, Lisa <LECKERT@dpw.lacounty.gov> To: Yolanta Schwartz <ys@cityofrh.net> Cc: Sam Wise <samw@ci.rolling-hills-estates.ca.us>, "Gysel, Bob" <BGYSEL@dpw.lacounty.gov>, "Itani, Roy (Riad)" <RITANI@dpw.lacounty.gov> Conversation: Acacia Ln Drain/ (PVDR.N.) Yolanta, the road culvert outlet will be cleaned by county forces without charging the homeowner. The only thing she needs to do is secure her outlet. I have already discussed it with her civil engineer and he has a clear understanding of what needs to be done and is preparing plans and a solution now. They should be submitting something soon. Please let us know if you have additional questions. Lisa Original Message From: Yolanta Schwartz [mailto:ys@cityofrh.net] Sent: Wednesday, January 09, 2008 2:00 PM To: Eckert, Lisa; Itani, Roy (Riad) Cc: Sam Wise Subject: Acacia Ln Drain/ (PVDR.N.) Hi, I spoke to Sam Wise from RHE today and he emailed me the pictures and chain of emails on the drain pipe that a RH property owner built on RHE roadway easement. Lisa, when I spoke to you yesterday I did not realized that RHE/County feels that the outlet of the pipe on the north side of PVDr.N. was affected and needs to be cleaned out. I thought it was around the outlet of the new pipe that she installed. I spoke to the property owner yesterday and told her that she needs to immediately and temporarily put something around the pipe that she installed (south side of PVDr.N-roadway easement), either sand bags or rock. She said she will and that Doug McHattie is preparing plans for the County to address a long term solution. However, when I spoke to her I did not know the entire scope of the matter. I think, then, that the County needs to contact the owner (Carrie Lieb 310 541-0666) and explain what needs to be done. Maybe a letter would be better, but slower. Also, how is she to clean out the pipe across the street.. Someone needs to show her worker the access and what to do and how much. Can this be worked out bt. the County and RHE without charging the resident? I do not believe that all that silt shown in the pictures is from her property. I think that the dirt was in the pipe for a long time and was pushed out by the recent rains, and should not be all blamed on her project. Since we did not have much rain last year or the previous, this material Page 1 of 2 •a could have been in the pipe under the road for years.... See what you can do. Thanks Yolanta Schwartz Planning Director City of Rolling Hills 2 Portuguese Bend Road,Rolling Hills,CA 90274 (310)377-1521 x 223 Fax: (310) 377-7288 This is a transmission from the City of Rolling Hills. The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email and delete the message. Page 2 of 2 BOG HIL/j, City ® Polling INCORPORATED JANUARY 24, 1957 c_ a N PORTUGUESE N ROLLINGO.2 HILLS, CALIF.BE 90274DROAD (310)377-1521 50TH ANNIVERSARY FAX:(310)377-7288 1957 - 2007 December 20,2007 Mrs. Carrie Lieb 1 Acacia Lane Rolling Hills, CA 90274 SUBJECT: Installation of a drain pipe. Dear Mrs. Lieb, As you know, it has come to our attention through Rolling Hills Estates (RHE) inspector that you installed a drainpipe over your property and across RHE roadway easement. Several visits were made to the site by staff from all affected agencies; the City, RHE and the County Building and Safety to evaluate the effect this drainpipe will have on the roadway easement and in general on the water quality. After careful evaluation of the project, the City,the RHE staff and the County Drainage/Grading Engineer concluded that the following steps must be taken to allow the drainpipe to remain in its current location: • Contact Rolling Hills Community Association (RHCA) for their requirements and approval to install a drainpipe in the easement at the rear of your property. Assuming that the RHCA approves your request, please continue as follows: • Prepare a pre and post drainpipe placement hydrology report. • Prepare a plan for a dissipater to be installed at the outlet of the pipe in the RHE roadway easement. The dissipater must contain natural river rock to look natural and to blend in with the rural character of the roadway easement. • Prepare a simple site plan showing the location of the pipe, including its entire length, and the slope of the property. • Draw up a simple maintenance agreement, acknowledging that you have constructed the drainpipe and the dissipater in the RHE roadway easement, and that you will maintain these structures, (in addition to whatever agreement you reach with the RHCA). • Submit 3 sets of the site plan for the pipe to City and RHCA staff for approval. • Submit all of the above information, including signed plans to Lisa Eckert, L.A. County Building and Safety Drainage/Grading Engineer. • Obtain a building permit from the County. al)Printed on Recycled Paper • • Please submit this information to the County Building and Safety Department in Lomita by January 24,2008. Thank you for your cooperation and do not hesitate to call me if you have any questions or require additional information. Sine rely Si S l/�`"t Y nta Schwartz P ing Director cc: Kristen Raig, RHCA Manager Sam Wise, Public Works Director, RHE Roy Beall,RHE Zoning and Code Administrator Lisa Eckert,L.A. County Drainage and Grading Engineer Douglas McHattie, Bolton Engineering