Loading...
none, Dead trees & vegetation, Correspondence• • City //0/i ' September 13, 2018 Mr. Larry Hall The Hall Law Corporation 6242 Westchester Parkway, Suite 200 Los Angeles, California 90045 at INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Re: 24 Cinchring Road - The Nakamuras' Response to City Council's Resolution and Subsidence Issues Dear Mr. Hall: The City of Rolling Hills is in receipt of your email dated July 16, 2018 on behalf of your clients, Dr. Brunner and Dr. Korzennick, requesting that the City investigate certain conditions at 24 Cinchring Road, Rolling Hills, California (the "Property"), which is owned by your clients' neighbors, Mr. and Mrs. Nakamura. As you know, the City contracts with the Los Angeles County Public Works Department for both engineering and building and safety services. On August 23, 2018, the L.A. County Drainage and Grading Engineer, the L.A. County Building Inspector, and I visited the Property and made certain observations, which are discussed below in response to the contentions made in your July 16, 2018 email. 1. "At a recent court ordered inspection on July 12, 2018 of 24 Cinchring, I learned that there had been illegal cutting of the toe of the slope between 24 Cinchring and 26 Cinchring; that there had been no shoring; and there is clear evidence of slope failure. We are now concerned that this slope will fail and my clients will lose their driveway, which is their sole access to their home. The driveway and slope demonstrates substantial evidence of damage and cracking. We have a number of photographs. There is no way that my clients can mitigate this damage. They will be forced to compel corrective measures by the Nakamuras via a court order." In walking directly above the cut faced area located at the toe of the ascending slope, there was no evidence of cracking or movement of topsoil. There was also no readily visible evidence of slope erosion or slope distress. (See Enclosed Photos 1-3.) Above the cut slope looking up toward the ascending slope there is landscaping, irrigation, a dirt walk path, and a driveway for 26 Cinchring Road. (See Enclosed Photo, 4.) There was no geotechnical or geologic distress observed in this slope area. At the time of the inspection, there were no observable signs of cracks or movement along the driveway which would indicate geotechnical or geologic slope failures or slope distress. Page 1 Printed on Recycled Paper • • 2. "At the July 12, 2018 inspection, Dan Martinez told me that the Nakamuras had illegally placed broken concrete in the fill around 24 Cinchring and there is visible chunks of that concrete from the old foundation downslope in the. nature preserve. This fill has not been compacted. There is a real danger th , t there will be a major failure during a rain or earthquake. See the attached grading plan which has in red the compromised areas;" To the northwest, west, and southwest areas "of the existing building on the Property, there appears to be uncontrolled fill with mixed construction debris on the descending slopes. (See Enclosed Photos 5- 6.) The fill does not appear compacted; it appears to be placed over the top of the natural slope, which appears to be approximately 2:1. There are areas of localized steeper slopes. Finally, there did not appear to be any erosion control devices in place or a method to control the fill. There is also uncontrolled fill with mixed construction debris to the side of the existing building on the Property. (See Enclosed Photo 7.) In extreme rainfall, sediment from the uncontrolled fill could move downslope. Accordingly, Mr. and Mrs. Nakamura will be notified to remove the concrete debris from the slopes and install erosion control measures. 3. "I am now in possession of the unapproved plans used by the Nakamuras to construct 24 Cinchring, prepared by their own engineer, which clearly show their intention to not comply with the April 11, 2013 approved plans; to increase by 5 feet the ridge line and raised the floor creating a 9 foot high basement, which extends the entire length of the house, containing 2 bedrooms, 2 baths and a media room. The approved plans do not show a basement. Its somewhere between 2700 to 4000 square feet. I'm sure these plans were never shown to the City, the Association or the County. This basement has never been seen by the City, the Association or the County. No permits were issued. During inspections by the City Planning Commission and City Council, no access was provided and the basement was blocked off." The City has never received a copy of such plans. 4. "In our July 12, 2018 inspection, I personally observed there was an operational electrical panel and a refrigerator which was fully stocked and worlung. Is there a permit for same?" It is not against the City's Building Code, which incorporates by reference the Los Angeles County Building Code, for a property to have electrical power during construction. When construction ceases, the City's Building Code does not require that the electricity to the site be turned off. It is also not against the City's Zoning or Building Code to have a refrigerator in an unoccupied residence. Therefore, no permit was required for the operational electrical panel or refrigerator. 5. "The Nakamuras have passed the time deadlines in the City's 24 Cinchring Resolution. Other than new illegal further work on the roof, there is no evidence that the Nakamuras are any closer to restoring 24 Cinchring to a habitable condition. This raises the question of whether they have abandoned it." The City received formal notice from Mr. and Mrs. Nakamura that they have abandoned the Bizhan Khaleeli design. Therefore, the City is not enforcing the timeline in Resolution 1221, which relates to an application for site plan review for modifications to the previously approved Bizhan Khaleeli design. Mr. and Mrs. Nakamura have agreed to submit a new application by February 2019. Page 2 • • 6. "I have personally observed as has 26 Cinchring's professional landscaper, Marlene Breen, trees, bushes, shrubs that are fire fuel in this fire season at 24 Cinchring and surely can't be sanctioned as fire resistant." According to Rolling Hills Municipal Code Section 8.30.010 (Fire Fuel Abatement), a property must be maintained free of any dead tree and vegetation. During our inspection on August 23, 2018, some dead vegetation was observed on the Property. Mr. and Mrs. Nakamura will be asked to clear the dead vegetation. The City appreciates you bringing these issues to its attention. Please let me know if any concerns remain. Siltcerely, lanta Schwartz terim City Manager cc: Yoshiya Morisaku, Los Angeles County Drainage and Grading Engineer Page 3