Planning Official Cited for Building Infraction

A veteran Rolling Hills Estates planning commissioner has been cited by the city for failing to obtain any of the necessary building permits before constructing a garage on his property.

Donald Landauer, who has served as a planning commissioner for 11 years, was cited after his next-door neighbor alerted Los Angeles County officials that no permits had been issued for the 608-square-foot garage, which was built about three years ago. The city contracts with the county for building services.

The city, after inspecting Landauer’s property on Empty Saddle Road next to a private equestrian club, also cited him for keeping five horses on his property. City law allows homeowners to keep a maximum of four horses.

Landauer was out of town on business and could not be reached for comment Tuesday or Wednesday.

City officials are investigating, and council members may discuss the issue next Tuesday at their regularly scheduled meeting when they are to receive a report on the violations.

Three council members this week said they did not want to comment specifically on the matter until they saw the report, although Councilman Hugh Muller said Landauer should not serve as a commissioner if he knowingly violated city law.

“Obviously, if he has flaunted the rules he ought not be a planning commissioner,” Muller said.

The matter was brought to the city’s attention by Barry Benowitz, who lives next door to Landauer and was protesting Landauer’s plan to build an addition to a second garage that sits on his property. That garage is legal.

At a council meeting in May, Benowitz argued that the addition would violate a city law that forbids property owners from building on more than 30% of a lot.

While researching the issue, Benowitz discovered Landauer had not taken out any permits when he built the 608-square-foot garage, which is at the rear of Landauer’s property and connected to a stable. Benowitz then informed county officials, who contacted the city.

“If I have to follow the rules and regulations of the city . . . then so does he,” Benowitz said. “I don’t feel he is setting an example for the city as far as the people who want to get on the Planning Commission.”

Rolling Hills Estates’ seven planning commissioners are appointed by council members and serve four-year terms. Landauer was last appointed to the commission in March, 1988.

Richard Thompson, Rolling Hills Estates planning director, said Landauer withdrew his application to build the garage addition on May 1, one day after he was cited for not getting a building permit. Landauer has told him he will remove one of the five horses from his property by the end of this month, Thompson said.

Landauer could be forced to demolish the garage if city officials determine it was built in violation of building codes and not merely without a permit, Thompson said. If the building meets code requirements, the most severe penalty Landauer would face is having to pay double the normal building fees. Landauer would owe the city no more than $400, plus undetermined county fees, Thompson said.

“This is a code enforcement problem and this is something we are going to take care of in the city,” Thompson said.

Thompson said Landauer indicated to him that the contractor he hired to build the garage was supposed to have obtained the necessary building approvals. Such a practice is common practice for homeowners.

However, Benowitz, as well as City Councilwoman Jacki McGuire, both said they saw Landauer building the garage himself. McGuire said she saw Landauer working on the building one weekend while she was riding her horse; Benowitz said that while Landauer was building the garage, he borrowed a bucket of cement from him to secure a tetherball pole.

McGuire, as well as Muller and Mayor Warren Schwarzmann, said they will wait until the city completes its investigation before deciding what, if any, action should be taken against Landauer.

“He will be treated like anybody else where we found out there was a problem,” Muller said, adding that he believes Landauer “needs to be given his day in court,”

Said McGuire: “Public officials, whether they be elected or appointed, should definitely set the example and follow all the rules. We are the example, and the rules that apply to everyone should apply to us.”

Muller said he does not consider Landauer’s keeping five horses on his property a serious infraction. Under city law, a person whose property is 20,000 square feet or more is allowed to keep four horses and can keep as many as six with a special permit.

Muller said it is not uncommon for residents to be cited for caring for too many horses, and the city relies on homeowners to voluntarily take corrective action.

“If you do it promptly, there is no problem,” he said.

A resident who refuses to comply with the horse ordinance could be fined $500 or face six months in jail.