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CC SR 20151006 02 - Request for Waiver of Fees 1871 Trudie DriveCITY OF L RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & CITY COUN IL MEMBERS FROM: JOEL ROJAS, AICP, CO U I DEVELOPMENT DIRECTOR DATE: OCTOBER 6, 2015 SUBJECT: REQUEST FOR WAIVER OF FEES ASSOCIATED WITH AN AFTER -THE -FACT (ATF) VARIANCE PERMIT AND NEIGHBORHOOD COMPATIBILITY ANALYSIS ON PROPERTY LOCATED AT 1871 TRUDIE DRIVE REVIEWED: DOUG WILLMORE, CITY MANAGER �w Project Manager: Octavio Silva, Associate Planner �) , S RECOMMENDATION Deny the Applicant's request to waive fees for an after -the -fact (ATF) Variance application ($4,220) and Neighborhood Compatibility Analysis ($1,727), as well as associated penalty fees ($5,947) for a total fee waiver of $11,894 related to the Applicant's proposal to legalize an unpermitted garage and deck. EXECUTIVE SUMMARY On September 10, 2015, the City received a Fee Waiver request by the Property Owner (`Applicant') at 1871 Trudie Drive as a result of a Code Enforcement violation for the construction of an unpermitted garage and second story deck. The Applicant is requesting to waive fees for an ATF Variance and Neighborhood Compatibility Analysis, as well as corresponding penalty fees in the amount of $11,894 as a result of a financial hardship. City Staff recommends denial of the Applicant's request as the findings to grant a fee waiver cannot be made. FISCAL IMPACT The approval of the Fee Waiver will result in the City not collecting fees for an ATF Variance application and Neighborhood Compatibility Analysis as well as corresponding penalty fees in the amount of $11,894. The costs of this refund and non -collection of additional fees will be borne by the City's General Fund. 1 BACKGROUND On August 7, 2014, the City's Code Enforcement Division received a complaint of alleged violations of the Rancho Palos Verdes Municipal Code (RPVMC) on the property located at 1871 Trudie Drive. On August 8, 2014, City Staff conducted an inspection and found that an unpermitted deck existed on the property. The City sent numerous letters (attached) to the Applicant regarding the issue, including letters dated August 8, 2014, September 25, 2014, November 26, 2014, January 8, 2015, April 27, 2015 and August 20, 2015. During this course of time, City Staff identified that the garage located beneath the deck was also unpermitted. On August 10, 2015, the City Attorney mailed a letter (attached) to the Applicant requiring that permits be obtained in order to demolish the unpermitted improvements by September 11, 2015. On August 19, 2015, the Applicant met with the City Manager and the Community Development Director to discuss his desire to legalize the unpermitted structures in lieu of removal and to seek a waiver of the application fees. At that time, the applicant was informed that a favorable recommendation from Staff for a fee waiver was unlikely. A letter was sent to the Applicant on August 20, 2015 memorializing this meeting. It was also agreed that the applicant could hold off on submitting the actual application until a decision on his fee waiver is made by the City Council. On September 10, 2015, the Applicant submitted a Fee Waiver request in order to waive the fee for a needed ATF Variance application in the amount of $4,220 and the associated penalty fee in the amount of $4,220 since the application would be processed after -the - fact. An ATF Variance is required in order to legalize the Applicant's unpermitted garage, as the garage currently does not conform with Section 17.02.030 (e)(5) of the RPVMC related to the minimum area of an enclosed parking space. Staff has also determined that the proposal would also be subject to a Neighborhood Compatibility Analysis as per Section 17.02.030 (B)(g), as the applicant is proposing to construct a deck to a second story that totals more than eighty (80) square feet in area and projects more than six feet from the existing building. As a result of this determination, the Applicant will be required to pay the Neighborhood Compatibility Analysis fee in the amount of $1,727 as well as the corresponding penalty fee in the amount of $1,727 for a total of $3,454. Thus, the total fee waiver request amounts to $11,894 in application and penalty fees. On September 22, 2015, City Staff met with the Applicant in order to further discuss the Fee Waiver request. During the meeting, the Applicant indicated that he is seeking the waiver request as a result of a burglary that occurred on July 7, 2015 in his home, in which he lost $13,200 in cash, along with jewelry and other valuables. The Applicant indicated that the $13,200 was borrowed with the intent of utilizing the money to pay for City applications and permits associated with his proposal to legalize the garage and deck. In addition, the Applicant provided credit card statements in order to demonstrate that he is significantly in debt. DISCUSSION Pursuant to Section 17.78.010(C) of the RPVMC, the City Council may grant a request to waive the fees associated with a development application if it finds that: 2 The applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit corporation registered with the State of California; or 2. The use or activity proposed or the activities of the beneficiary of the use or activity proposed are charitable, educational or otherwise provide a substantial benefit to the public; or 3. The applicant has demonstrated a financial hardship, as determined by the City Council, on a case by case basis. The Applicant's Fee Waiver letter dated September 10, 2015 and June 1, 2015, states that the Applicant is having a financial hardship as a result of legal issues with a neighbor and a downturn in his manufacturing company. In addition, the Applicant states that another financial hardship is the result of a recent burglary to his home in which he lost "rainy day cash," which he intended to utilize to resolve his Code Enforcement violation. During Staff's meeting with the Applicant on September 22, 2015, the Applicant provided credit card statements in order to demonstrate that he is experiencing a financial hardship as a result of the credit card debt. That said, the Applicant did not provide any documentation in order for Staff to verify the Applicant's claim that he is experiencing a financial hardship as a result of legal issues with his neighbor or that his manufacturing company is directly experiencing an economic downturn. With regards to the Applicant's claim that his home was burglarized and that as a result he lost money "rainy day cash", which he intended to utilize towards his proposal, although a police report was submitted, Staff cannot verify what was stolen or what the applicant intended to do with the money that was lost. Lastly, the Applicant has also stated that in the event that the fee waiver is denied, he would not pursue the ATF Variance application and proceed with entitlements to construct a new garage and deck that conforms to the Development Code. This leads Staff to believe that the Applicant has the means to submit the necessary application fees in order to construct a conforming garage and deck if needed. ADDITIONAL INFORMATION A site visit conducted by City Staff on September 24, 2015 revealed that there are various elements (privacy panels and support posts) of the proposed deck that when combined with the height of the garage, exceed the maximum allowable height limitation of sixteen feet (16') in a Residential Zoning District. Structures which exceed 16' in height require a separate Height Variation Permit, which would also require an additional application and penalty fee ($4,658 x 2 = $9,316). On September 24, 2015, the Applicant indicated that he is willing to remove those deck elements to ensure that the total height does not exceed sixteen feet (16'), as measured from adjacent grade. As such, the application fee and associated penalty fee for a Height Variation permit are not being included in this fee waiver request. 0 CONCLUSION Staff believes that the Applicant's fee waiver request is not warranted, based upon the required findings under Section 17.78.010(C) of the RPVMC. Therefore, Staff recommends that the City Council deny the applicant's request to waive fees for an ATF Variance and Neighborhood Compatibility Analysis, as well as corresponding penalty fees in the amount of $11,894. ALTERNATIVES In addition to Staff's recommendation, the alternatives available for the City Council's consideration include: 1. Approve the Fee Waiver request of an ATF Variance application and Neighborhood Compatibility Analysis, as well as corresponding penalty fees in the amount of $11,894. 2. Approve the Fee Waiver request for the penalty fee portion only thereby granting half the requested Fee Waiver in the amount of $5,947. 3. Grant some other reduction in the application and penalty fees due, in an amount determined by the City Council. Attachments: • Applicant's Fee Waiver Request & Photographs (page 5) • Code Enforcement Letters Dated August 8, 2014, September 25, 2014, November 26, 2014, January 8, 2015, April 27, 2015 & August 20, 2015 (page 27) • City Attorney Letter Dated August 10, 2015 (page 37) 0 JALAL HATEFI 1871 TRUDIE DRIVE RANCHO POLAS VERDES CA 90275 8, 2015 Tel: 310 538 5472 Ref; Penalty and fee waiver for "after the fact none permitted Deck" To whom it may concern We previously submitted a letter Dated June 1, 2015 (attached here in) in order to get penalties and fee waiver due to financial hardship. In our recent meeting on August 19, with Director of Community Development Department Mr. Rojas we told to resubmit the letter with permit application and a check in the amount of $ 8440 for review by the committee. This request is based on the fact that, Informer or so called anonymous caller to the city has a notorious courier criminal family member ( in Federal Prison) and is living next door to us , seeking revenge at any price. Several court battle thru out the years to exonerate our self from false and made up accusation by this neighbor took its financial toll, now in combination with depressed Manufacturing sector which we are experiencing at present time makes it very hard to tackle demanding fees and penalties imposed by the committee, additionally a recent rubbery of our residence on July 6 (see the attached documents) whipped out all the rainy day cash we had set aside for such matters that we facing now, based on above facts we kindly requesting that this committee waives penalties or any excess fees, we truly appreciate and thanks all the committee members and looking forward to finalize this issue. Yours Truly 0 From: hatefi@msn.com Subject: Request for relief Date: Tue, 8 Sep 201.5 15:06:56 +0000 JAY HATEFI 2015 05:57:41 +0000 1871 TRUDIE DRIVE RANCHO PALOS VERDES CA 90275 Tel: 310- 5385472 whom it may concern Date: Mon, 1 Jun In advance we want to thank all the city staff and official whom patiently navigating us to resolve what ever issue we may have with building permit for alleged none permitted existing deck in our residence brought up to the attention of the city by an anonymous caller in neighborhood. We visited city assessor office and acquire history of facts related to development of original home built in early 1950 also prepared a professionally drafted floor plan using data from assessor resent visit in December 2014 . Shortly after the collection we submit the documents to city staff for review. At present time the best option an most logical way to resolve the issue is pay fees and penalties and take step forward to get approval for an "after the fact permit" , in doing so a conservative estimate of twelve thousand dollar must be spent which majority of it is fees and penalties payable to the city , unfortunately due to extreme financial hardship that we are enduring at present time with no end insight , Its becoming the biggest obstacle to fulfill this process. perhaps this being explain the best in the attached New York Times article dated May 29 , We as a couple spending well over one hundred hours to maintain a business of 35 years , while taking care of tow young kids at school with excellent academic record. our debt obligation is rapidly rising while income is shrinking farther and farther , during the pass seven years we had to spent years in court to defend our self and other residence against false allegation by a notorious convicted criminal neighbor and suffered a great deal of anxiety as well as financial hardship as a result. We have been very active in voluntary works at school and neighborhood affairs throughout the years and devoted time to keep our street safe and clear of gang and criminals. all the facts stated her can be supported by documents at your request. we kindly and respectfully requesting a relief from fees and penalties based on these facts and truly appreciate your consideration in this matter and looking forward to finalize the outstanding issue. thank you From First Business Fuge account of expected seasonal The third quarterly variations, that on -again, off- c® itractioll sirlee the again pattern helps explain why annual growth rates in recent reboundbegan. years have been well' below the pace of gains recorded in the 9�s5t �2Sz�. $C9f4PMt��U4A 5tMt 18M 5F + MW ts* SL Cdao AM 20 0 tztb p SWMffft 6drottsu.. zz N UTArtE'jA1LSBAM 30$0T,'igS5Qft&mlq� It N .. + .;1si�3utlKWn 9Fb'JW74 have no hard numbers yet," Shepherdson said. "1'm Exports I bright sl onomv in Sacro- pressure as the stronger dollar ormal snakes American goods more ex- pel a pensive for overseas buyers. the Fede econd Most experts had expected the back fro data released on Friday to show a short-tenr data contraction in the first ,quarter, .,ripe, n#,,, Despite the windfall provid by lower gasoline prices, cc sumer spending, which :z counts for roughly two -thin of economic activity, was or modest. ShoriDina season or 'business have weal to ar quint. "Some econom tive numbers; he said. "I Reserve has pulled percent was finally at hand. The real estate market has also think it's so easily dismisse any plans to raise T'he new `data for the first quar been robust as of `late, with a will get a modest bounce terest rates to June, ter of 2015, and signs of only a measure of pending home sales this quarter." now su estina that temid rebound. in the current last month hitting 'a nine-year In oartirular. he said. ib • .�—V-1VA"X,9Z mu perum W{S U14L the economy is about to fall into a t zero is not likely to come until mists to rethink earlier assump- Thursday by the National Associ- ass do- recession. Still, the weak start for September or even later this tions. ation of Realtors- New -home econd the year is a crucial reason that year, "This isn't the off -to -the -races sales and construction were also Although Wall Street and the hind of expansion we envisioned strong in April. Fed are already looking ahead to six months ago," said Scott An- Indeed, an upward revision in the June 5 report on employment derson, chief economist at Bank residential construction last j gains in May and other more re- of the West in San Francisco.. quarter offset some of the weak- (� WITH cent data, the rearview mirror "More and more folks are comingness elsewhere. d take on economic activity dis- around to the view that the long- Despite the windfall provided � � couraged buying on the stock term growth rate tof the American by tow r gasoline prices, con- mo market: At the end of tradin on economy is 2 ercent, at best. We suer spending, which accounts Friday, the Dow Jones industrial can't sustain 3 ,or 4 percent for roughly two-thirds of econom- average, the Standard & Boor's growth for very ling, so it's two is activity, was only modest. Per - new NYT Real Estate app 1 500 -stack index and the Nasdaq steps forward, of tep back:' sonal consumption ,rose by -1.8 for Whone®: With intelligence i were all off 0.6 percent. Bond Although clottd tf e economic percent last quarter, down from from experts who live here too. melds also crept lower. outlook is not particularly dark. 4.4 percent in late 2014. I After the economy grew at an Unemployment has been fall- Experts say some of the weak - annual rate of nearly 5 percent in ing steadily, and experts think it ness in the first quarter of the the spring and summer of 2014, could fall to about 5 percent by year reflects how the numbers y Real Estate some experts concluded that the the end of the year, from 5.4 per- are analyzed by government stat - economy had found its footing cent now. The jobless rate stood isticians to account for seasonal TO RENT, TO BUY. TO LOVE. ; and predicted that a healthier, at 8 percent a little over two variations, like the retail slow - i sustained growth rate of near 3 years ago. down that follows the holiday 7 SHERIFF'S STATIONS In an emergency call 9-1-1 Altadena Station ................ 626-798-1131 780 E. Altadena Dr., Altadena, CA 91001 Avalon Station .................. 310-510-0174 215 Sumner Ave., Avalon, CA 90704 Carson Station .................. 310-830-1123 21356 S. Avalon Blvd., Carson, CA 90745 Century Station ................. 323-568-4800 11703 Alameda St., Lynwood, CA 90262 Cerritos Station ................. 562-860-0044 18135 Bloomfield Ave., Cerritos, CA 90703 Compton Station ................ 310-605-6500 301 S. Willowbrook Ave., Compton, CA 90020 -escenta Valley Station .......... 818-248-3464 4554 N. Briggs Ave., La Crescenta, CA 91214 East Los Angeles Station .......... 323-264-4151 5019 E. 3rd St., East Los Angeles, CA 90022 Industry Station ................. 626-330-3322 150 N. Hudson Ave., City of Industry, CA 91744 Lakewood Station ............... 562-623-3500 5130 Clark Ave., Lakewood, CA 90712 Lancaster Station ................ 661-948-8466 501 W. Lancaster Blvd., Lancaster, CA 93534 Lomita Station .................. 3107539-1661 26123 Narbonne Ave., Lomita, CA 90717 Lost Hills Station .... . ........... 818-878-1808 27050 Agoura Rd.; Agoura, CA 91301 Marina Del Rey Station . 310-482-6000 13851 Fiji Way, Marina Del Rey, CA 90292 Norwalk Station ................. 562-863-8711 12335 Civic Center Dr., Norwalk, CA 90650 Palmdale Station . ............... 661-272-2400 50 East Avenue Q, Palmdale, CA 93550 Pico Rivera Station .............. 562-949-2421 6631 Passons Blvd., Pico Rivera, CA 90660 San Dimas Station ............... 909-450-2700 270 S. Walnut Ave., San Dimas, CA 91773 Santa Clarita Valley Station ........ 661-255-1121 23740 Magic Mountain Pkwy., Santa Clarita, CA 91355 South Los Angeles Station ......... 323-820-6700 1310 Imperial Hwy., Los Angeles, CA 90047 Temple Station .................. 626-285-7171 8838 Las Tunas Dr., Temple City, CA 91780 Walnut/Diamond Bar Station ....... 909-595-2264 21695 Valley Blvd., Walnut, CA 91789 West Hollywood Station ........... 310-855-8850 780 S. San Vicente Blvd., West Hollywood. CA 90069 SH -R-404 (Revised 0312014) 0 REPORT INFORMATION and Victims' Bill of Rights Vf SSi'rvzc. §;50 26123 ON AVE LOMITA CA 9071 Station 12K_ 6116,k Report Number Classification of incident 6C —/f - Date r7 Deputy's Name JOHN L. SCOTT, SHERIFF Los Angeles County Sheriff's Department I s 0 VIAL ift.,jown, 46*q6� q%, * 'At 7 o �.•,. ^ _+fie_' �� ,T^ � _ - _ - ,At 4 b Ail 41t 40 �� y !• . i f 'o -F' { �R� - .=.rte"✓_ � .� U F j W Mw- WN am ti -a �� o 3 �# t j. �a fi►-fie' jt� 'r - �" , , '': : kyr. �, ��, y�'� • y � t. ,,rte v� � , f'{ i •,-! ' • ,� .�., ' - �.+ �7 ! ♦ r` _ ,_ y !j 1�`�� tib.., �� .,. 41 ,aR e.I r "�• — 1 � fir/ �'� ,�_ � •' � 1 { 7 * � � j t f` _ i• tit � % ` - s'�^ -t',` -•� �� "mss �� ii' w i ` 'i`r. � � • .� . o v --t ' 1 ,14 _.�, a.,�ji,ii.�L-iS14F�.�' .1- �, e•, .:��- � y�r � r 4 5 Y � r �^ 1 �.I .1 { 1 t. �y { 4 - 7rQlv<l Ak- 0 0 .... ��, , �� .., , � _ _,. �. �, �� . S A W, I" L loafto - 0 F N. 23 0 WA W11A IT 0 0 0 "Ne 6) v MAW V top - r%&% COMMUNITY DEVELOPMENT DEPARTMENT August 8, 2014 Jalal Hatefi 1871 Trudie Dry RPV, CA 90275 Re: (ATP) Non -Permitted Work — FIRST NOTICE Dear Property Owner(s): On 08/7/14 this office received a complaint of alleged violations of the Rancho Palos Verdes Municipal Code (RPVMC) that has occurred on your property. Violation: The non -pe .milted work reported included: A non -permitted deck ire your rear property wlout building permits or planning approvals, was also reported that there were window change -outs. Code Section: Accorcllh,rig to the (RVPMC) 15.18.040 (114.1) reads: No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building, structure or building service equipment or perform any grading in the City or cause or permit the same to be done contrary to, or in violation of, any of the provisions of this code or any of the technical codes. 30940 HANTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 544-5 E-MAIL PLANNINGORPV� :OM / WWbVPALOSVERDES.COM/RPV 237 In order to bring the p, operty into compliance, it is necessary that you attend to the following : Q Please demo / remove the said deck OR....... Attempt to obtain permits and approvals by both Planning and Building Departments. The City strives to gain voluntary compliance from property owners, and encourages you to contact the city at your earliest convenience in regards to the code violations reported and confirmed by City Staff. If the violation is confirmed to continue and no attempts are made to resolve this matter by September 9, 2014, further Code Enforcement action will occur, including the issuance of Administrative Citations and or referral to the City Attorney's office. Please contact me at (310) 544-5228 if you need additional information regarding the nature of the violation or if you have questions regarding the contents of this notice. Please briny;; bis correspondence with you to city hall when discussing violations -livilLA the various departments. ,,,Cordially, Daniel Pitts,' CCEO Code Enforcement Officer City of Rancho Palos Verdes we* COMMUNITY DEVELOPMENT DEPARTMENT September 25, 2014 Jalal Hatefi 1871 Trudie Drive RPV, CA 90275 Dear Property Owner(s): On 08/7/14 this office received a complaint of alleged violations of the Rancho Palos Verdes Municipal Code (RPVMC) that has occurred on your property. On September 8 2014, City Staff visited your property to conduct a site inspection. Per our efforts, we found a deck improved w/out permits along with several windows changed w/out permits. Violation: The non -permitted work reported included: A non -permitted deck and window change -out, w/out building permits or planning approvals. Code Section: According to the (RVPMC) 15.18.040 (114.1) reads: No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building, structure or building service equipment or perform any grading in the City or cause or permit the same to be done contrary to, or in violation of, any of the provisions of this code or any of the technical codes. In order to bring the property into compliance, it is necessary that you attend to the following : Please restore the property to its prior condition before conducting the ATF work. Or....... Visit City Hall and obtain the proper permits. 30940 HAWTHMIE BLVD ; RANCHO R'\LOS VERDES CA 90275 5391 9 P�.,4�N�ti!INC . JDE U R."R� ;E�" IFN f DIVISION (310) 544-5228 / BUILDITI ; & S'\� _TlDIVISION (310) 265-7800 / DEP I FAX (310) 544-5293 The City strives to gain voluntary compliance from property owners, and encourages you to contact the city at your earliest convenience in regards to the code violations reported and confirmed by City Staff. If the violation is confirmed to continue and no attempts are made to resolve this matter by October 8, 2014, further Code Enforcement action will occur, including the issuance of Administrative Citations and or referral to the City Attorney's office. Please contact me at (310) 544-5228 if you need additional information regarding the nature of the violation or if you have questions regarding the contents of this notice. Please brine this correspondence with vol! to city hall when discussing violations with the various departments. Cordially, Daniel Pitts, CCEO Code Enforcement Officer City of Rancho Palos Verdes 30 COMMUNITY DEVELOPMENT DEPAP\7MENT November 26, 2014 Jalal Hatafi 1871 Trudie Drive RPV, CA 90275 Re: (ATF) Non -Permitted Deck Dear Property Owner(s): As you know, this office received a complaint of alleged violations of the Rancho Palos Verdes Municipal Code (RPVMC) that has occurred on your property. Specifically, the non -permitted deck above the garage. We sent you your first letter on August 8, 2014, as of this date you have visited the City hall offices numerous times and have spoken to City Staff attempting to get this resolved. However, during one of your visits the Planning Staff was unable to locate permits for both your house and garage that the non -permitted deck is currently built upon. The City cannot consider approving a deck that may or may not be built upon a permitted garage. At this time City Staff is requesting that you visit your local Los Angeles County Assessor's Office and obtain any square footage information along with any permits and related information about your garage and property in general. This information may assist the City in making a determination on how to proceed. Please find the address and phone number for the Signal Hill Los Angeles County Assessor's Office: 1401 E Willow St, Signal Hill, CA 90755 (562) 256-1701 Please contact me at (310) 544-5228 if you need additional Information or questions regarding this letter. dially, Janie Pitts, CCEO Code Enforcement Officer City of Rancho Palos Verdes 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 `� PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 543 C MAII fel ANNIN('�DD\/OnM / 1A/1A)1AIDAl(lC\/[-[.)nCC/�()M/fJD\/ VRANCHO I TV OF PALOS VERDES COMMUNITY DEVELOPMENT DEPAP\7MENT November 26, 2014 Jalal Hatafi 1871 Trudie Drive RPV, CA 90275 Re: (ATF) Non -Permitted Deck Dear Property Owner(s): As you know, this office received a complaint of alleged violations of the Rancho Palos Verdes Municipal Code (RPVMC) that has occurred on your property. Specifically, the non -permitted deck above the garage. We sent you your first letter on August 8, 2014, as of this date you have visited the City hall offices numerous times and have spoken to City Staff attempting to get this resolved. However, during one of your visits the Planning Staff was unable to locate permits for both your house and garage that the non -permitted deck is currently built upon. The City cannot consider approving a deck that may or may not be built upon a permitted garage. At this time City Staff is requesting that you visit your local Los Angeles County Assessor's Office and obtain any square footage information along with any permits and related information about your garage and property in general. This information may assist the City in making a determination on how to proceed. Please find the address and phone number for the Signal Hill Los Angeles County Assessor's Office: 1401 E Willow St, Signal Hill, CA 90755 (562) 256-1701 Please contact me at (310) 544-5228 if you need additional Information or questions regarding this letter. dially, Janie Pitts, CCEO Code Enforcement Officer City of Rancho Palos Verdes 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 `� PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 543 C MAII fel ANNIN('�DD\/OnM / 1A/1A)1AIDAl(lC\/[-[.)nCC/�()M/fJD\/ COMMUNITY DEVELOPMENT DEPARTMENT January 8, 2015 Jalal Hatafi 1871 Trudie Drive Rancho Palos Verdes, CA 90275 ; ^'Y Dear Property Owner(s).- On 08/08/2014 this office received a complaint of alleged violations of the Rancho Palos Verdes Municipal Code (RPVMC) that has occurred on your property, and later confirmed by City staff. Since this above date, City Staff has engaged in numerous conversations on ways to best address the code violations present on your property. Most recently on 12-11-2014, you met with Joel Rojas, The Community Development Director, Leza Mikhail one of our Planners, along with myself. In this meeting numerous options and ideas were discussed in regards to attempting to legalize the non -permitted work, or removing the deck that is currently built on top of the garage. Violation: The non -permitted work reported included: A non -permitted deck without Building permits and/or Planning approvals. Code Section: According to the (RVPMC) 15.18.040 (114.1) reads: No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building, structure or building service equipment or perform any grading in the City or cause or permit the same to be done contrary to, or in violation of, any of the provisions of this code or any of the technical codes. In order to bring the property into compliance, it is necessary that you attend to the following : Please visit City Hall and attempt to obtain permits ... or Restore the property to its condition before conducting the non -permitted 30940 HAw1HoRNE BIN/D. / RANCHO PALOS \ L RDEs CA 90275-5391 PLANN M, & CUT [ NFORCc`1ENI DIVISION (310),544-5228 / BUILDING & 'SAIrl" DIV ISIQN (310) 265-7800 / DEPI FAX (310) 544 3 [-MAI[_PLANNINGCRPVCC)M / 11'lNV'I'%1LC)SVLRDES/;U 1/RPV The City strives to gain voluntary compliance from property owners, and encourages you to contact the city at your earliest convenience in regards to the code violations reported and confirmed by City Staff. If the violation is confirmed to continue and no attempts are made to resolve this matter by January 21, 2015, further Code Enforcement action will occur, including the issuance of Administrative Citations and or referral to the City Attorney's office. Please contact me at (310) 544-5228 if you need additional information regarding the nature of the violation or if you have questions regarding the contents of this notice. Please brim this correspondence with you to city hall when discussing violations with the various departments. Cordially, Daniel Pitts, CCEO Code Enforcement Officer City of Rancho Palos Verdes 33 COMMUNITY DEVELOPMENT DEPARTMENT April 27, 2015 Jalal Hatafi 1871 Trudie RPV, CA 90275 Re: Decl(Violation Dear Resident; On 04/22/15 you visited our offices here at the City Hall campus, and spoke with both Leza Mikhail and Mercy Lugo in our Planning Department in regards to attempting to legalize the non -permitted work present on your property. During this meeting they provided you with the information needed to submit your application. During this same meeting, staff communicated to you that a Variance (double- fee) would be required since your intentions were to attempt to legalize the said deck. If you decide not to attempt to legalize the deck area in reference, please contact staff and let us know this. Also, a demolition permit will be required to be obtained by Building & Safety if you will be removing the deck. In any case, whether you have decided to attempt to legalize the deck and pay for the related fees, or remove the deck by obtaining a demolition permit, action must occur on or before May 15, 2015, or further Code Enforcement action will occur, including the possible issuance of citations, and referral to the City Attorney's Office. Please contact me at (310) 544-5228 if you need additional information regarding the nature of the violation or if you have questions regarding the contents of this notice. Thank you in advance for your cooperation in maintaining the safety and aesthetic quality of our community. 'I r Ddiel Pitts, CCEO Certified Code Enforcement Officer 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 544-3 E-MAIL: PLANNING«RPV.COM/ WWWPALOSVERDES.COM/RPV �} COMMUNITY DEVELOPMENT DEPARTMENT August 20, 2015 Jalal Hatefi 1871 Trudie Drive Rancho Palos Verdes, CA 90275 Re: Planning Entitlements to Legalize the Unpermitted Garage and Deck Mr. Hatefi, On August 19, 2015, you met with Mr. Willmore, City Manager, and Mr. Rojas, Director of Community Development Department to discuss the unpermitted garage and deck on your property located at 1871 Trudie Drive. The purpose of this letter is to memorialize your August 19th meeting and to provide you with further information regarding the City's entitlement process to legalize the unpermitted garage and deck. According to the plans previously provided to the City, the unpermitted garage does not comply with the minimum required interior dimensions for a two -car garage (18' x 20'). Therefore, in order to initiate the entitlement process with the Planning Department to legalize the garage and deck, a Variance application is required to be filed with the City. The total cost for filing an after -the -fact Variance application and penalty fee is $8,440 ($4,209 filing fee x 2 + $4 Data Processing Fee + $18 Historical Data Fee). It is the City's understanding that you are seeking relief from the required filing fee. Pursuant to Section 17.78.010 of the Rancho Palos Verdes Municipal Code, the City Council is the sole body to consider a fee waiver request. Therefore, in order to process a fee waiver request, no later than September 11, 2015, you must submit to the Planning Department a check in the amount of $8,440 and a written explanation as to why you are requesting the fee waiver. The City will not deposit the check until a decision is rendered on the requested fee waiver. Please note that in order to consider a fee waiver, the City Council, in its discretion, must make one of the following findings: 1. The applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit corporation registered with the state of California; 2. The use or activity proposed or the activities of the beneficiary of the use or activity proposed are charitable, educational or otherwise provide a substantial benefit to the public; or 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES. CA 90275-5391 PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 544-j� E-MAIL: PLANNINGG�RPVCA.GOV / WWVV.RPVCA.GOV C 1TV OE RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT August 20, 2015 Jalal Hatefi 1871 Trudie Drive Rancho Palos Verdes, CA 90275 Re: Planning Entitlements to Legalize the Unpermitted Garage and Deck Mr. Hatefi, On August 19, 2015, you met with Mr. Willmore, City Manager, and Mr. Rojas, Director of Community Development Department to discuss the unpermitted garage and deck on your property located at 1871 Trudie Drive. The purpose of this letter is to memorialize your August 19th meeting and to provide you with further information regarding the City's entitlement process to legalize the unpermitted garage and deck. According to the plans previously provided to the City, the unpermitted garage does not comply with the minimum required interior dimensions for a two -car garage (18' x 20'). Therefore, in order to initiate the entitlement process with the Planning Department to legalize the garage and deck, a Variance application is required to be filed with the City. The total cost for filing an after -the -fact Variance application and penalty fee is $8,440 ($4,209 filing fee x 2 + $4 Data Processing Fee + $18 Historical Data Fee). It is the City's understanding that you are seeking relief from the required filing fee. Pursuant to Section 17.78.010 of the Rancho Palos Verdes Municipal Code, the City Council is the sole body to consider a fee waiver request. Therefore, in order to process a fee waiver request, no later than September 11, 2015, you must submit to the Planning Department a check in the amount of $8,440 and a written explanation as to why you are requesting the fee waiver. The City will not deposit the check until a decision is rendered on the requested fee waiver. Please note that in order to consider a fee waiver, the City Council, in its discretion, must make one of the following findings: 1. The applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit corporation registered with the state of California; 2. The use or activity proposed or the activities of the beneficiary of the use or activity proposed are charitable, educational or otherwise provide a substantial benefit to the public; or 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES. CA 90275-5391 PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 544-j� E-MAIL: PLANNINGG�RPVCA.GOV / WWVV.RPVCA.GOV UNPERMITTED GARAGE AND DECK 1871 TRUDIE DRIVE AUGUST 20, 2015 3. The applicant has demonstrated a financial hardship, as determined by the city council, on a case by case basis. Please be advised that the City's Municipal Code limits fee waiver requests to planning entitlements and not the permits issued by the City's Building and Safety Division. With that said, if the City were to approve your Variance application to legalize the unpermitted garage and deck, building permits will be required which in this case will be subject to triple penalty fees. To reiterate, the triple (penalty) fee for the building permits cannot be waived by the City Council. It should also be noted that a Variance application is considered by the Planning Commission at a duly noticed public hearing and Staff may not be able to support the required findings. It has also recently come to the City's attention that construction work continues to occur to the unpermitted garage and deck. You are hereby being put on notice that all work to the unpermitted garage and deck must stop until appropriate building permits have been obtained from the City. If you should have any further questions please contact me at 310-544-5228 or via email at Danielp(c rpvca.gov. Sig Daniel Pitts, CCEO Certified Code Enforcement Officer Doug Willmore, City Manager Carol Lynch, City Attorney Youstina Aziz, Assistant City Attorney Joel Rojas, Community Development Director Ara Mihranian, Deputy Community Development Director 36 1111,Jil. RICHARDS I WATSON I GERSHON !®S\ ATTORNEYS AT LAW —A PROFESSIONAL CORPORATION 355 South Grand Avenue, 4oth Floor, Los Angeles, California 90071-3101 Telephone 213.626.8484 Facsimile 213.626.0078 RICHARD RICHARDS August 10, 2015 g (1916-1988) GLENN R. WATSON (1917-2010) VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED & U.S. MAIL HARRY L. GERSHON (1922-2007) Jalal Hatefi STEVEN L. DORSEY WILLIAM L. STRAUSZ MITCHELL E. 1871 Trudie Drive ABBOTT GREGORY W. STEPANICICH QUINN M. BARROW Rancho Palos Verdes, CA 90275 CAROL W. LYNCH GREGORY M. KUNERT THOMAS M. BIMBO ROBERT C. CECCON Re: Non -Permitted Deck at 1871 Trudie Drive STEVEN H. KAUFMANN KEVIN G. ENNIS ROBIN p. HARRIS MICHAEL ESTRADA LAURENCE S. WIENER Dear Mr. Hatefi: B. TILDENKIM SASKIA T, ASAMURA KAYSER 0. SUME PETER M.N The law firm of Richards, Watson & Gershon provides City Attorney and City JAMES L. MARKMAARKMAN CRAIG A. PIERCE Prosecutor for City Rancho Palos Verdes The City has T. PETER PIERCE services the of ("City"). TEREN LISA BOND referred the above -referenced matter to our office for handling. ROXANNE M. DIAZ JIM G. GRAYS ON ROY A, CLARKE MICHAEL F. YOSH18A On August 7, 2014, the City's Code Enforcement Office received a complaint of REGINA N. DANNER PAULA W. GALLOWAY BAEZA BRUCE GALLOWAY alleged violations of the Rancho Palos Verdes Municipal Code ("RPVMC") that has DIANA K. CHUANG PATRICK K. BOB 11 occurred at 1871 Trudie Drive ("Property"), On September 8, 2014, City Staff NORMAN A. DU PONT DAVID M. SNOW conducted an inspection and found that an unpermitted deck exists on the Property. LOLLY A. ENRIQUEZ GINETTA L. GIOVINCO TRISHA ORTIZ CANDICE K,SIS LEE The City sent you multiple letters regarding this issue, including letters dated August JENNIFER PETRU STEVEN L. FLOWER TO.USSAINTS, BAILEY 8 2014, September 25, 2014, January 8, 2015, and April 27, 2015, City Staff has AMY G R EYS O N DEBORAH R. HAKMAN also engaged in numerous conversations with you regarding the unpermitted deck. D. CRAIG FOX MARICE As of the date of this letter, the unpermitted deck still exists on the Property. SERI MAR.R OQUNIG SEAN B. GIBBONS AARON C, O'DELL AMANDA L. CHARNE STEPHANIE CAO The RPVMC adopts by reference the 2013 California Building Code ("CBC") as the PATRICK STEPHEN KD.H EE City's Building Code, (RPVMC 15.04,010). Section 105.1 of the CSC provides that YOUSTINA N. AZIZ BRENDAN KEARNS "[a]ny owner or authorized agent who intends to construct, enlarge, alter, repair, KYLE H. BROCHARD NICHOLAS GHIRELLI move, demolish, or change the occupancy of a building or structure. or to cause CHRISTINA C M WNING ROSEN any such work to be done, shall first make application to the building official and ROMTIN PARVARESH obtain the required permit." Section 114,1 of the CBC makes it "unlawful for any OF COUNSEL LE BROWNS person, firm or corporation to erect, construct) alter, extend, repair) move, remove, TERESAHO-DRANO 7ERESA GENA M. STI NNETT demolish or occupy any building, structure or equipment regulated by [the CBC], or SAN FRANCISCO OFFICE cause same to be done, in conflict with or in violation of any of the provisions of [the TELEPHONE 415./}2].$4$4 CBC]." Likewise, RPVMC Section 15.18.040 (114.1) provides: ORANGE COUNTY OFFICE TELEPHONE 714.990,0901 TEMECULA 69OFFICE TELEPHONE 951.6952373 No person shall erect construct enlarge, alter, repair, move improve, 1" � ) g 7 � p > > p 1 remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or,perform any grading in the City or cause or permit the same to be done contrary to, 37 RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION Jalal Hateii August 10, 2015 Page 2 or in violation of, any of the provisions of this code or any of the technical codes. Because there are no building permits or planning approvals for the deck on the Property, it is in violation of both the CBC and the RPVMC. Please demolish the unpermitted deck by September 11, 2015. Please note that before removing the unpermitted deck, you must obtain a demolition permit. You can contact the City's Building & Safety Division at (310) 265-7800 if you need information on obtaining a demolition permit. City staff will conduct an inspection of the Property on September 11, 2015 to determine if the violation was remedied. If at that time the Property is not in compliance, the City may take further action including (1) issuing administrative citations, and/or (2) pursuing civil action. We appreciated you anticipated cooperation so as to avoid any further action by the City or this office. If you would like to discuss this matter, please do not hesitate to contact me. Very truly yours, oustina N. Aziz G� cc: Carol Lynch, City Attorney Joel Rojas, Community Development Director Ara Mihranian, Deputy Community Development Director Daniel Pitts, Code Enforcement Officer 86872-0001\1861011v1.doc