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none, Addition & remodel of SFR, Staff Reports• 411 City 0//eO//LflL Jij/ NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh6aol.com TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: ENFORCEMENT ACTIVITIES DATE: DECEMBER 29, 2007 1. As previously reported, Dr. Mark Minkes, 44 Chuckwagon Road constructed an addition to his residence Ivhich triggered the requirement to underground the utility lines from the residence to a pole located by his property in the roadway easement. Dr. Minkes declined to underground under the premise that since the pole will not disappear, there is no benefit from undergrounding to him or to the City. SCE has stated that there is no difficulty in undergrounding Dr. Minkes' lines from his residence to the pole. However, they have also said that due to the existence of high voltage equipment on this particular pole and because several other properties are fed from this pole, this particular pole cannot be removed until several others down the canyon are concurrently removed. After several conversations and letters between Dr. Minkes and staff, Dr. Minkes was informed that his only option would be to request a variance from the City to be relieved from the undergrounding requirement. Dr. Minkes has objected to the fee and the requirement in general. Subsequently, Dr. Minkes requested to speak to the Mayor. Mayor Lay, Yolanta and I met with Dr. Minkes on December 11, 2006. Dr. Minkes again reiterated his position on the undergrounding. He stated that he feels that the requirement to underground utility lines, regardless of the size of his home addition, is not what was originally intended by the City's ordinance. After reviewing the undergrounding requirements and the minutes of past City Council and Planning Commission meetings, he was again told that neither staff nor the Mayor have the authority to waive the current requirement. In conclusion, Dr. Minkes requested the matter be brought forward to the City Council. Dr. Minkes has been advised that this is a code enforcement matter and there is nothing to agendize before the City Council unless he applies for a variance. He was further advised that he may speak on this topic during the "open agenda" portion of any regular meeting of the City Council. 2. As previously reported, Mr. Olson, 16 Roadrunner Road, constructed an addition to his residence, which triggered the requirement to underground his utility lines. Mr. Olson attempted to underground, and while trenching encountered rock in the soil. -l- • • Due to this situation, Mr. Olson asked that staff waive the requirement to underground. After several visits and letters to Mr. Olson, staff explained that staff has no authority to waive the undergrounding requirement, and suggested that he apply to the Planning Commission for a variance. Meanwhile, SCE determined that the arrangement of the utility lines connected to the temporary pole was dangerous and recommended that Mr. Olson be allowed to connect to the new panel above ground. Due to this dangerous condition, staff allowed Mr. Olson to connect above ground. Staff permitted the connection Nvith his understanding that he still needs to underground or apply for a variance. On December 5, 2006, Yolanta and I met with Mr. Olson, and we reiterated the City's position that he must apply for a variance. In response, Mr. Olson feels that the City is being unreasonable to require a variance for work that cannot be accomplished by conventional means. In turn, he asked for a legal opinion as to the City's authority to require him to comply with the Municipal Code requirement or apply for a variance. The legal opinion was provided. There has been no further action on this matter. If either property owner of the above two enforcement cases does not submit the required application, their matter will proceed to the District Attorney. 3. In January 2006, the City received a complaint concerning unpermitted construction at 38 Saddleback Road inclusive of converting a garage into living space, re -roofing and remodeling the residence, converting the loft area of a barn to an office and grading. Over the subsequent 9 months (through September), staff had several conversations and communications with the property owner in regard to potential building and zoning violations. Code enforcement issues remaining to be addressed include the conversion of the garage to living space, not having an operational garage, interior remodeling and construction of a deck and stairs without a permit, and conversion of the barn. In addition, it is unclear if the remodeling resulted in compliance with the City utility undergrounding requirement. At one time, this property was owned and lived in by the Ralph Black family (including Mayor Pro Tem Black). Mayor Pro Tem Black has provided the City with a letter stating that the barn was converted into living space prior to his living there in 1967. Staff has sent a code enforcement letter to the property owner that addresses the garage and the construction without a permit. If the property owner of this case also does not submit the required application, the matter will proceed to the District Attorney. Regarding the barn, the letter states that the staff will be seeking direction and responding at a later time relative to enforcement. As such, a Planning Commission/City Council liaison meeting is being scheduled to be followed by a Planning Commission/City Council joint meeting. In recognition that the Municipal Code must be equally enforced among known Municipal Code violations, staff is proposing an agenda item for the meetings to address current and future zoning for and uses of barns and guest houses. AD:mlk 12-29-O6enforcemenl-mrm.dnc cc: Michael Jenkins, City Attorney -2- MEMORANDUM DATE: TO: FROM: SUBJECT: • Cry 0/ PPng JJP� • INCORPORATED JANUARY 24, IQ57 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com NOVEMBER 28, 2006 MEMBERS OF THE PLANNING COMMISSION C�� YOLANTA SCHWARTZ, PLANNING DIRECTOR 16 ROADRUNNER ROAD, UNDERGROUNDING OF UTILITY LINES This is to inform you that after discussing this matter with the Interim City Manager, due to certain dangerous conditions on the property, I authorized the Building and Safety Department to final and release electricity at 16 Roadrunner Road. The situation is as follows: Mr. Olson, at 16 Roadrunner completed an addition and upgrading of the electrical system at his residence. Pursuant to the Zoning Ordinance, the utility lines are to be placed underground. In late summer, Mr. Olson began the process to underground and started excavating a trench between the utility pole and his house. Approximately 35-40 feet from the house, in a hilly area, the contractor found solid rock, which according to the contractor, cannot be trenched by conventional method. In addition, the contractor stated that roots of 2 very large Pine trees are in the way and further excavation would compromise the trees. On Sept. 22, 2006, the Building Inspector and I visited the project and confirmed that indeed there is solid rock in the area necessary for excavation. A letter was issued to Mr. Olson stating that staff has no authority to waive the requirements to underground, but that he could apply to the Planning Commission for a Variance. Due to the elevation differential between the utility pole and the residence, the utility lines, attached to a temporary power pole utilized during the construction, sagged low over his driveway. A construction truck apparently run into them and pulled them even lower. The Edison Co. staff determined that this constitutes a dangerous condition and required Mr. Olson to pull the wires. To pull the wires he would need to install new ones to the new meter panel. The Building Inspector cannot approve this, as the City requires that the lines be placed underground. Due to this dangerous condition, we have allowed Mr. Olson to connect to the new panel above ground. However, we will continue to work with him and require that he apply to the Planning Commission for a Variance. Please don't hesitate to call me if you have any questions. This information has also been provided to the City Council. ®Frei 1:e:11 r.r.I, d1'r.