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none, Landscaping plan, Correspondence• • city 0/ leollin, iditto May 17, 2013 Karen Seitzer Black, M.D. 2 Appaloosa Lane Rolling ills, (92074 Dea INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Thank you for visiting us and for your subsequent letter documenting concerns about the hedge between your driveway and the driveway to 4 Appaloosa. As we discussed, the portion of easement between the two properties is a private driveway that serves two properties, and as such, the City has no traffic safety jurisdiction over it. Moreover, the height of the hedge is not a violation of the Municipal Code, so there is nothing that would cause the City to consider this a code violation. In summary, the situation is a private matter between you and your neighbor. Your letter was shared with the Traffic Commission at its meeting of May 16, 2013, and, while they understood your concern, they were provided the same information herein. If you'd like to talk about this further, please do not hesitate to call me. Thank you. Since Dahlerbruch C. Manager AD:hl 05-17-13Black-lr.docx 0 Printed on Recycled Paper F.-- - 7: -711 =• rte p� MAY 0 6 2013 City of Rolling Hills By Rolling Hills Traffic Commission City of Rolling Hills, CA. 90274 Dear Rolling Hills Traffic Commission: 2 Appaloosa Lane Rolling Hills, CA. 90274 May 5, 2013 I reside at 2 Appaloosa Lane and have an ongoing traffic safety concern with my neighbor at 4 Appaloosa Lane. Our driveways are perpendicular to each other with a 15 foot hedge on her property obscuring both our views to the "street." The "street" as I have been informed is a "double/double" private road i.e. our property which is an easement to allow her to pass. We have had multiple collisions and near -collisions because of the hedge and also the unwillingness of the 4 Appaloosa drivers to recognize that they need to slow down or stop coming out of a driveway needlessly blind. We have had to place speed bumps which have only marginally helped. We now have 3 newly licensed drivers in our household who are not as defensive -minded as seasoned drivers and I believe a recipe for a crash. This is a serious traffic safety concern and needs to be placed in the public record. We need to make our property safer for the common good. You would think others would want to also. Thank you for your consideration. 0-A0 Karen Seltzer Black,M.D. • C1t 0//EA, Jh/& August 18, 2010 Honorable Dr. Jim Black City Council Member 2 Appaloosa Lane Rolling Hills, C/A—90274 Dear Council Per our conversation on August 17, 2010 regarding the unpermitted and large area of grading on the lower portion of your lot, it is necessary that you apply to the Planning Commission for site plan review and a variance. The total cost of the application is $2,325 as follows: $1,500 - site plan review 625 - variance* 200 - environmental review • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF 90274 (310) 377.1521 FAX: (310) 377-7288 * This is 1/2 the cost of a standard variance because of the requirement for site plan review. Attached is the Fee Schedule for your reference and both the site plan review and variance applications for completion. In order to agendize your applications on the October 19, 2010 meeting of the Planning Commission, as the next realistic date for the Planning Commission to hear your case, your applications and fee will need to be submitted to the City no later than September 27, 2010. Please let us know if this timing is problematic. We look forward to presenting your case to the Planning Commission as soon as possible so the work done on your property is promptly addressed and resolved. Thank you for your cooperation. If you have any questions, please don't hesitate *to call me or Yolanta Schwartz. Sincer. Awn Dahlerbruch City Manager AD:hi 08-18-7 0B l ack Va rian ce S PR c: Yolanta Schwartz, Planning Director 0 Printed on Recycled Paper • • � med end X€ic4 eJ g. kae caul eeco4144ccc&e gfeig iy 22930 Crenshaw Blvd., Suite D Tel.: (310) 530-4200 Torrance, California 90505 Fax.: (310) 530-1562 October 21, 2008 Mr. and Mrs. Sollima 8 N. Qualridge Road Rolling Hills, CA 90274 Dear Mr. and Mrs. Sollima: OCT 2C2008 M HILLS Ev Thank you for speaking with me regarding the northern aspect of your property where it abuts my barn. As you know, three years ago, the fire department requested all brush be removed from the barn up to your dirt roadway. I complied at my expense, after which they recommended I plant this area in order to provide erosion control. I again complied and, as you aware, my workers inadvertently planted a portion of your property. The property line, as documented by your previous survey and my own recent survey, extends from north of your dirt road down towards the telephone pole on Appaloosa Lane. The former owners of 2 Appaloosa Lane graded a corral adjacent to the barn. The property line runs through this corral and the corral was placed on your property. All fences that the Raydon's erected have been removed, and I would not wish to have anyone now or in the future infer that it is owned by me. I have inadvertently planted a portion of your property. If you wish to have me remove those plantings, I would be happy to do so. However, if that does occur, I would request you replant, water, and maintain the area for erosion control, as I was instructed. . Once again, I apologize for the encroaching onto your property and fully acknowledge that it is indeed your property. rely, Jamd J. Black, M.D., F.A.C.S. JJB:mls cc: Yolanta Schwartz City of Rolling Hills California • MEMO TO FILE: OCTOBER 21, 2008 On several occasions in the past two years, Mr. and Mrs. Sollima visited the City to let us know that Dr. Black is encroaching onto their property with a barn and planting. Our records showed the barn on the Black's property and we asked that either the Sollima's provide a new survey or speak to the Black's concerning this issue. Mr. and Mrs. Sollima felt that it should be the City's responsibility to intervene and require that the structures and plants be removed from their property. The City insisted that this is a matter between neighbors and since we have no records of the barn being on their property that they need to approach the Blacks and voice their concern. On October 15, 2008 the Sollimas visited the City and inquired about the project proposed at 2 Appaloosa, (Black). Again they expressed their concerns regarding the plants on their property and the location of the barn. They had a partial survey of the area and it looked like the area of encroachment was a three rail fence, not a structure. I called Dr. Black and informed him of the Sollima's concerns and asked him if he would get in contact with them. After some discussion, the neighbors agreed that the barn is not on Sallima's property, but that what's showing on their plan is indeed an old fence, and that Dr. Black acknowledges that he planted on their property. See enclosed letter from Dr. Black. • 10/21/2008 10:06 3105301562 PLASTIC SURGERY PAGE 02 • • acrwiiee And, Wad, •,/ �. 22930 Crenshaw Blvd., Suite D Tel.: (310) 530.4200 Torrance, California 90505 Fax.: (310) 530-1562 October 21, 2008 Mr. and Mrs. Sollima 8 N. Qualridge Road Rolling Hills, CA 90274 Dear Mr. and Mrs. Sollima: Thank you for speaking with me regarding the northern aspect of your property where it abuts my barn. As you know, three years ago, the fire department requested all brush be removed from the barn up to your dirt roadway. I complied at my expense, after which they recommended I plant this area in order to provide erosion control. I again complied and, as you aware, my workers inadvertently planted a portion of your property. The property line, as documented by your previous survey and my own recent survey, extends from north of your dirt road down towards the telephone pole on Appaloosa Lane. The former owners of 2 Appaloosa Lane graded a corral adjacent to the barn. The property line runs through this corral and the corral was placed on your property. All fences that the Raydon's erected have been removed, and I would not wish to have anyone now or in the future infer that it is owned by me. I have inadvertently planted a portion of your property. If you wish to have me remove those plantings, I would be happy to do so. However, if that does occur, I would request you replant, water, and maintain the area for erosion control, as I was instructed. . Once again, I apologize for the encroaching onto your property and fully acknowledge that it is indeed your property. rely, Jam J. Black, M.D., F.A.C.S. JJB:mis cc: Yolanta Schwartz City of Rolling Hills California NG Hit is, • • Ciao, J/EJ/ 50TH ANNIVERSARY 1957 - 2007 September 14, 2007 The Honorable James Black Mayor City of Rolling Hills 2 Appaloosa Lane Rolling Hills %,$ 90274 Dear Mayor/Bl ckt I In follow- to my previous inquiries, I am writing to remind you to please provide the City with a letter that explains the situation with the dirt that has been received on the lower portion of your property. As it is my intent to assist you, address potential or perceived code violations, and prevent perceptions of unequal treatment, it is important that you provide the City with the necessary information. Recognizing the City's limitation on grading as well as the import and export of dirt, please provide the City with information on the source of the dirt, the amount of dirt, its intended use and the long-range plans for the lower area. With such information, the City will have a record of what is taking place and be able to assess the situation for permitting or remediation, if necessary. INCORPORATED JANUARY 24. 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 We would appreciate the information no later than September 28, 2007. Thank you. Sincer Anton Dahlerbruch City Manager AD / 09-14-07black-ltr.doc NOV-16-2005 16:42 FROM: FRANK POLITEO ASSOC 3108316344 TO:3103777288 P.002/002 FRANK POLITEO A.I.A. & ASSOCIATES BUILDING DESIGN PLANNING ENGINEERING RESIDENTIAL COMMERCIAL INDUSTRIAL MECHANICAL 1300 S. BEACON ST., SUITE 225 3035 SAN PEDRO, CALIFORNIA 90731-4340 6344 November 15, 2005 Ms. Yolanta Schwartz Planning Director The Planning Commission Of The City Of Rolling Hills No 2 Portuguese Bend Road Rolling Hills Ca 90274 NOV 1. 6 2005 CITY OF ROLLING HILLS By SUBJECT: RESIDENCE FOR MR. & MRS. TONY FAN AT #1 SAGEBRUSH LANE, Rolling Hills ZONING CASE NO 637 Dear Ms, Schwartz, PHONE: 310/831- FAX: 310/831- Due to geological findings we are faced with ±10 feet deeper bedrock than what we originally planned. Because of this, we are forced to excavate deeper foundations and caissons to reach the bedrock. Therefore, we are forced to relocate the dirt on the property and temporary store some of it on neighbors lot next door on # 2Appaloossa Lane. We also are asking permission to haul about K0 yards if we find it necessary to the construction site on Poppy Trail. Sincerely yours, Frank Politeo, A.I.A. CITY OF ROLLING HILLS Approve )' PLANN DEPARTMFT Date 1/--/ (a —O,<- GERALD T. RAYDON 2 Appaloosa Lane Rolling Hills, CA 90274 (310) 541-2508 May 26, 1992 Ms. Lola Unger City Rolling Hills Portuguese Bend Road Rolling Hills, CA 90274 Dear Ms. Unger, igg.g.001 MAY 271992 CITY OF ROUUllff LING HILLS By This letter is to correct various statements made by Mr. Robert Sollima in his letter to you dated May 18, 1992, setting forth his attempted justification of grading an unpermitted road through his property to, on, and along our property. The fact remains that the extensive erosion and drainage problems referred to in my letter do exist. If the "sawtooth cuts" were ever made, they certainly were not in place through, last winter when water from the hillside drained directly off the hill onto and then down.the road, cutting the road deeper and then discharging onto our property and onto Appaloosa Lane. Note also that the fire department report, which cannot be used as the justification for making a non -permitted road, refers only to buildings at #4 Appaloosa Lane, which is not our property. It was unnecessary to build such a roadin any case as Mr. Sollima would have been readily granted permission for temporary access across our properties to clear any brush that he was ordered to remove. With respect to the large amount of fill dumped in the canyon adjacent to the Glory Trail, an inspection of the site will clearly show that there has been no slide or slumping of debris into the canyon. It will also reveal that Mr. Sollima has cut a road through brush for over 150 yards from his stables to the Glory Trail. He removed an extensive area of the hillside and large amounts of brush, which have been pushed into the canyon, filling it up to the trail level. You will note that both above and below this fill point, the stream bed lies 15-25 feet or more below the level of the trail. Some recent grading by the party working on the trail has added to the amount of loose dirt filling the canyon which will be eroded and washed down the canyon and then deposited onto Appaloosa Lane. It would appear that the grading done on the trail will have to be corrected in order to avoid the dumping of loose dirt into places where it can be readily eroded and washed away. Ms. Lola Unger May 26, 1992 Page Two Mr. Sollima may have re -graded the area to remove any evidence of overflow and erosion of the dirt piled there, but the fact remains that we saw the large area of erosion and suffered the deposition of the mud carried down the canyon onto Appaloosa Lane. The erosion caused by Dr. Jin's grading caused an erosion problem in previous years, but the area has since stabilized and is covered with vegetation. I am not claiming an easement on any area in fact dedicated to the Community Association, but am on the area of Mr. Sollima's property to the south and west of the easement. The sketch as submitted by him with his letter purports to show the outline of our fence but is quite inaccurate.. I again request that the City and County take appropriate steps to remove the illegal cuts, fills and roadway constructed by him which are causing damage to our property and a public nuisance. Very truly yours, Gerald T. Rayclon c::Robert Sollima George.Schaffenberger • • ,., /K E L LY 8 GRAHAM RAHAM S govrtn4rd/z. ol�zru 6Se- ateono, PHILLIP KELLY' LOWELL GRAHAM' A LAW CORPORATION May 20, 1992 Mr. Gerald Raydon #2 Appaloosa Lane Rolling Hills, CA 90274 Dear Mr. Raydon: n^ SUITE `1130 �J'NI0N BInAO NK Y WNnER DEL AMO FINANCIAL CENTER 21515 HAWTHORNS (BOULEVARD TORRANCE, CL- L1 OKi ilA 90503 TEIyEfHONE (310) 371-3535 C} Y 1310) 5a3-2305 This office has been retained by Mr. and Mrs. Robert Sollima in connection with the apparent property dispute regarding an alleged prescriptive easement. I have reviewed the correspondence that the two of you have directed to each other and to the City of Rolling Hills. I have also reviewed an engineering schematic setting forth the property lines, the 25-foot dedicated easement, and the proposed or alleged prescriptive easement which you claim. It is apparent from the engineering schematic that 95 percent or more of the claimed or alleged prescriptive easement lies on the surface of the dedicated easement, which is held by the Homeowners' Association for the City of Rolling Hills. I am sure that you are aware that a prescriptive right cannot be acquired on real property in which a city, county, irrigation district, or public or municipal corporation owns an interest. I would invite your attention to Civil Code §1007, and more particularly to the case of People vs. Shirokow (1980) 26 Cal. 3d 301, 162 Cal. Rptr. 30, 605 P.2d 859. Notwithstanding the foregoing, it is my client's position and my opinion that in no event have you acquired an easement by prescription or by adverse possession. Having reviewed the facts of this matter, it is my opinion that my client was well within his rights to remove the fence and provide access to his subdivided lot, which is adjacent to your property. I would further add that I have spoken to Ms. Ungar of the Planning Department of the City of Rolling Hills, who joins in my opinion that you cannot acquire a prescriptive right over a dedicated easement in which the city or public or municipal corporation owns an interest. Upon your review of this matter, I trust that either you or your attorney will contact me at your earliest convenience. I remain, fiery/truly yours, PHILLIP 10EL PK: acr cc: Robert Sollima JODY MURDOCK Mayor B. ALLEN LAY Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember GODFREY PERNELL, D.D.S. Councilmember February 27, 2002 Dr. James D. Black 2 Appaloosa Lane Rolling Hills, CA 90274 Dear Dr. Black: 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 your correspondence dated February 4, 2002 regarding a request to import soil to your property to improve the drainage in the lower portion of your back yard. We apologize for the delay in our response, however, we did not receive your letter in the mail until February 26, 2002. I have enclosed a copy of Municipal Code Section 15.04.150. Paragraphs 4, 4(a) and 4(b) describing when City staff may permit importation of soil. The information that you have provided in your correspondence does not, as yet, satisfy the conditions required by that Municipal Code Section. It would be appropriate if you could have a plan prepared for our review so that we may evaluate the magnitude of the surface area involved, and the depth and quantity of soil importation that you are proposing to determine whether the above Municipal Code Sections would apply or if Planning Commission review is required. Please feel free to contact me if you require any further assistance or clarification. Thank you for your cooperation. Sincerely, raig R. Nealis City Manager CRN:mlk 02/26/02black.ltr cc: . Yolanta Schwartz, Planning Director ®Panted on Recycled Paper • • 15.04.150 Section 7015.5 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet); and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger. (Ord. 277-U §1(part), 1999). I b» e4 lad; dt. 2. /a4tfic and Recoidurethv gidcije4/ 22930 Crenshaw Blvd., Suite D Tel.: (310) 530-4200 Torrance, California 90505 February 4, 2002 Craig Nellis City Manager City of Rolling Hills Dear Craig: Fax.: (310) 530-1562 FEB 262� CITY OF RO .LINO.HTLLS ;{v This is a letter in confirmation of our telephone conservation from 2/4/02. At that time we discussed importing dirt in order to improve the drainage from the lower aspect of my back yard. As you know, last year following the rains there was a large amount of erosion requiring importation of dirt and a small amount of grading. That was extremely effective in the areas that we treated and this year in those areas we have no further problems. Last year, however, the job was not finished and at this point I would like to complete the areas that have not been properly addressed. This will require importing dirt, which is now available at the Torrance Municipal Airport, and having it compacted. This will be done much as it was last year, by bringing in dirt and at that same time having a tractor compact it so it does not wash away in future rains. I would like to proceed as soon as possible as the dirt and the contractor are ready to proceed. Thank you very much. James J. Black, M.D. #2 Appaloosa Lane 22930 Crenshaw Blvd., Suite D Torrance, California 90505 • • laine Je ,Oicto4; i 2. Waic w2d Recoaui4r(ctive gingery Tel.: (310) 530-4200 Fax.: (310) 530-1562 May 26, 2001 Craig Nealis, City Manager Rolling Hills City Hall JUN 0 4; 2801 2 Portuguese Bend Road Rolling Hills, CA 90274 Dear Mr. Nealis: (API OF;ROLL4 :.H ;:L5 tkv I am writing because I would like to replace topsoil lost due to erosion secondary to the large amount of rain last year. The bottom portion of my yard is at the convergence between the canyon along Glory Trail and Si's trail. There was a tremendous amount of water coming from Glory Trail and Buggywhip Lane this last winter which resulted in massive erosion and runoff of my topsoil. Currently, the trail has now been repaired and is elevated and now I am unable to get good drainage from the lower portion of my yard. I could grade from the remaining portion of my yard to this area, however I prefer just to bring topsoil in from other construction projects to correct these areas of erosion. This would allow for proper drainage next winter and would alleviate any problems I would have with pooling of water, mosquitoes and possible land movement. Thank you very much in advance. James Jens Black, M.D. No. 2 Appaloosa Lane (Th '1°`'- *-"" 19— 43 o - ��oc-toi - .