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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: OCTOBER 1, 2002
SUBJECT: RESOLUTION OF DENIAL OF A LANDSLIDE MORATORIUM EXCEPTION PERMIT FOR 4 THYME PLACE (CASE NO. ZON2002-00170)
Staff Coordinator: Dave Blumenthal, Associate Planner
Adopt Resolution No. 2002-__, denying, without prejudice, a Landslide Moratorium Exception Permit for property located at 4 Thyme Place (Case No. ZON2002-00170).
On September 17, 2002, the City Council conducted a public hearing to consider testimony on a Landslide Moratorium Exception Permit for property located at 4 Thyme Place. The LME was a request to construct a 1,977 square foot addition to an existing 3,183 square foot single-family residence. Upon conclusion of the public hearing, the City Council voted (5-0) to deny, without prejudice.
Accordingly, staff has prepared the attached resolution for the City Council’s consideration.
RESOLUTION NO. 2002-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING, WITHOUT PREJUDICE, LANDSLIDE MORATORIUM EXCEPTION PERMIT (CASE NO. ZON2002-00170), FOR PROPERTY LOCATED AT 4 THYME PLACE.
WHEREAS, on May 26, 1993 Dr. Perry L. Ehling, City Geologist, submitted a memorandum to the Director of Public Works, which classifies this property in Zone 5, and immediately adjacent to Zone 2, of the area that is governed by the City’s Landslide Moratorium. This memorandum states that all development in Zone 5 should be limited to the then-current City guidelines. At that time, the City guidelines allowed a maximum addition of 600 square feet; and,
WHEREAS, on January 14, 2002, Cotton, Shires & Associates submitted a Technical Review of Geologic/Geotechnical Data to the City, which focused on the geologic conditions that are beneath the area that Dr. Ehlig referred to as Zone 2 of the moratorium. This report concluded that there is insufficient data to quantitatively judge the degree of stability in Zone 2; and that there is an undetermined amount of risk, to reactivating the landslide mass underlying Zone 2, if the City approves new development; and,
WHEREAS, 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; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 17, 2002, at which time all interested parties were given an opportunity to be heard and present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Based on Dr. Ehlig’s 1993 memorandum, the proposed 1,977 square foot addition far exceeds the then-recommended allowable addition of 600 square feet, for properties located within Zone 5 of the area that is governed by the City’s Landslide Moratorium.
Section 2: Absent additional geologic information regarding the area beneath Zone 2 and Zone 5, and based on the 2002 Cotton Shires report and the recommendations set forth in Dr. Ehlig’s 1993 report, this application is hereby denied because it exceeds (by more than three times) the maximum 600 square-foot addition that was recommended by Dr. Ehlig for developed properties that are located in Zone 5. Furthermore, the average size of the ten nearest homes is approximately 2,400 square feet. Inasmuch as the proposed 1,977 square foot addition is roughly equivalent to the average size of the existing single-family homes in the area, the proposed addition is more equivalent to development of a new single-family residence, which is not allowed without approval of a Moratorium Exclusion, than an expansion of an existing single-family dwelling.
Section 3: For the foregoing reasons and based on the information included in the Staff Report, Minutes and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby denies, without prejudice, a Landslide Moratorium Exception Permit (Case No. ZON2002-00170) for property located at 4 Thyme Place.
Section 4: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED, this 1st day of October 2002.
State of California )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2002-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 1, 2002.