Rancho Palos Verdes City Council
   

TO:

 

HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM:

 

DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE:

 

SEPTEMBER 17, 2002

SUBJECT:

 

LANDSLIDE MORATORIUM EXCEPTION PERMIT (PLANNING CASE NO. ZON2002-00170), FOR PROPERTY LOCATED AT 4 THYME PLACE. (Applicant: Edward Beall)

Staff Coordinator: Dave Blumenthal, Associate Planner

RECOMMENDATION

Approve the Landslide Moratorium Exception Permit (Case No. ZON2002-00170), subject to the recommended conditions of approval, as outlined in Exhibit "A".

BACKGROUND

On April 5, 2002, the applicant submitted a geology report to the City for review. This report was followed by a letter requesting a Landslide Moratorium Exception Permit (LME) for property located at 4 Thyme Place, which was submitted on April 9, 2002. The LME is a request to allow the submittal of all the necessary applications to the Planning, Building, and Code Enforcement Department for the construction of a 1,977 square foot addition to an existing 3,183 square foot single-family residence. The application, including approval of the geology report, was deemed complete on July 19, 2002.

Pursuant to the City of Rancho Palos Verdes Municipal Code Section No. 15.20.040(H), any application for a LME, which proposes to add a cumulative project total that exceeds 600 square feet per parcel, shall be reviewed by the City Council. Since the proposed addition is for 1,977 square feet, Council consideration of this LME is required.

The subject site is a 33,106 square foot parcel located within the Portuguese Bend Community and is zoned RS-1. The site is currently improved with a 3,183 square foot single story residence.

On September 3, 2002, the Council continued this item to September 17, 2002.

DISCUSSION

The applicant is proposing to construct a 1,977 square foot addition to the existing residence. However, the City has established a moratorium prohibiting the filing, processing, and approval of building, grading and other land use permits within the Landslide Moratorium Area. Municipal Code Section No. 15.20.040 establishes exceptions to the Landslide Moratorium. Specifically, Section 15.20.040(H) allows for submittal of applications to the Planning, Building, and Code Enforcement Department for additions to existing structures, provided the applicant provides sufficient evidence to the City that the addition will not aggravate the landslide and a Landslide Moratorium Exception Permit is approved. The proposed project qualifies under this provision.

As noted above, the applicant submitted a geology report to the City on April 5, 2002 (attached). The report concluded that the proposed addition could be engineered, such that it would not aggravate the landslide conditions. The City’s Geotechnical Staff has reviewed the geology report and concurs with the reports conclusions (approval letter attached).

Approval of this LME by the City Council does not constitute or guarantee Planning approval of the proposed project. Rather, it allows the applicant to submit the appropriate Planning applications for the specific project. Based on the current proposal, the applicant would need to submit and obtain approval of a Site Plan Review, which will include a neighborhood compatibility analysis. The applications would be subject to review and approval by the Director of Planning, Building, and Code Enforcement, after a public notice is provided to all property owners with in 500 feet and a neighborhood compatibility analysis of the project is conducted.

CONCLUSION

Based on the above analysis, staff recommends that the City Council conditionally approve the Landslide Moratorium Exception Permit (Case No. ZON2002-00170), thus allowing the applicant to submit the necessary applications to the Planning, Building and Code Enforcement Department to allow for the 1,977 square foot single story addition to the existing 3,183 square foot residence.

FISCAL IMPACT

The City Council’s action in this matter will have no fiscal impact upon the City.

ALTERNATIVES

In addition to Staff’s recommendation, the following alternatives are available for the City Council’s consideration:

  1. Approve the landslide moratorium exception permit for a smaller addition; or,
  2. Identify any issues or concerns with the proposed project, and provide the applicant with direction in modifying the project, and continue the hearing to a date certain.

Respectfully submitted:

Joel Rojas, aicp, Director of Planning, Building and Code Enforcement

Reviewed:

Les Evans, City Manager

Attachments:

  • Conditions of Approval
  • Application letter, dated April 8, 2002
  • Geotechnical Report from T.I.N. Engineering, dated March 25, 2002
  • Geotechnical Report Review Checklist with items of correction from Zeiser Kling, dated April 23, 2002
  • Addendum to Geotechnical Report from T.I.N. Engineering, dated July 5, 2002
  • Geotechnical approval-in-concept, dated July 19, 2002
  • Project plans (Distributed to City Council on September 3, 2002)

Exhibit "A"

Conditions of Approval

Landslide Moratorium Exception Permit

(Case No. ZON2002-00170)

  1. Approval of this Landslide Moratorium Exception Permit authorizes the applicant to submit the following applications to the Planning Division for the proposed 1,977 square foot addition: Site Plan Review. Additional applications may be submitted, if the Planning Division identifies them as necessary during the review of the application.
  2. Approval of the Landslide Moratorium Exception Permit (Case No. ZON2002-00170) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
  3. The approval of this Landslide Moratorium Exception permit shall be valid for one hundred eighty (180) days from date of issuance by the City Council. The Planning applications necessary for the proposed project must be submitted to the Director during this period. The Director may grant extensions beyond this period for good cause.
  4. If lot drainage deficiencies are identified by the Director of Public Works, all such deficiencies shall be corrected by the applicant.
  5. Roof runoff from all buildings and structures on the site shall be contained and directed to the streets or to an approved drainage course.
  6. If required by the City’s Geotechnical Staff, the applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the City’s Geotechnical Staff.
  7. The applicant shall submit for recordation a covenant agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the City. Such covenant shall be submitted to the Director of Planning, Building, and Code Enforcement prior to the issuance of a building permit.
  8. The applicant shall submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the City any easement that is required by the City to mitigate landslide conditions. Such covenant shall be submitted to the Director of Planning, Building, and Code Enforcement prior to the issuance of a building permit.
  9. The applicant shall submit to the City for recordation a covenant, which is satisfactory to the City Attorney, promising to defend, indemnify and hold the City harmless from any claims or damages resulting from the requested project. Such agreement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to the issuance of a building permit.
  10. The applicant shall submit for recordation a covenant agreeing to construct the project strictly in accordance with the approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the Director of Planning, Building, and Code Enforcement pursuant to the terms of this chapter. Such covenant shall be submitted to the Director of Planning, Building, and Code Enforcement for recordation prior to the issuance of a building permit.
  11. All landscaping irrigation systems shall be part of a water management system that shall be submitted for review and approval by the Director of Public Works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden.
  12. If the project involves pools and/or spas, a leak detection system approved by the City’s Building Official shall be installed.
  13. All other necessary permits and approvals required pursuant to this code or any other applicable statute, law or ordinance shall be obtained.