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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: DECEMBER 19, 2006
SUBJECT: REQUEST FOR WAIVER OF THE APPLICATION FEE FOR A REMEDIAL GRADING PERMIT FOR LANDSLIDE STABILIZATION ON PROPERTY LOCATED AT 2 WEST POMEGRANATE ROAD (PLANNING CASE NO. ZON2006-00633)
Staff Coordinator: Kit Fox, AICP, Associate Planner
Grant the requested fee waiver.
The City’s geologist, the Abalone Cove Landslide Abatement District (ACLAD) and the owner of the property at 2 West Pomegranate Road (the Brown Family Trust) have identified the need for remedial grading on the property to prevent further infiltration of rainwater and runoff into the active Portuguese Bend Landslide. The property owner has asked for a waiver of the application fee for the remedial grading permit. Staff believes that the request is warranted and should be granted.
On November 30, 2006, the property owner, in conjunction with ACLAD, submitted an application for a remedial grading permit to fill a depression in the northerly portion of the subject property. This property is currently used by the Pony Club. A total of 7,543 cubic yards of grading is proposed, consisting of 3,913 cubic yards of cut and 3,630 cubic yards of fill. The application is under review by the City’s geologist, but is being expedited so that the necessary grading can be completed before the onset of major winter rains.
Pursuant to Section 17.78.010(B) of the Rancho Palos Verdes Development Code (RPVDC), the City Council may grant a request to waive the fees associated with a development application if it finds that:
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; or
3. The applicant has demonstrated a financial hardship, as determined by the City Council, on a case by case basis.
As mentioned above, the property is used by the Pony Club, which is a registered nonprofit corporation, and the Pony Club would benefit from this project. Furthermore, since this grading is intended to prevent the infiltration of rainfall and runoff into the active landslide, the project would provide a substantial benefit to the general public, particularly with respect to the continued accessibility of Palos Verdes Drive South through the active landslide zone. Therefore, Staff believes that the applicants’ request for a waiver of the application fee is warranted and should be granted.
The applicant and property owner have been advised of the City Council’s consideration of this request at tonight’s meeting, and have been provided with a copy of the Staff report.
Staff believes that the applicant’s request for a waiver of the fee associated with the remedial grading permit for landslide stabilization (Planning Case No. ZON2006-00633) is warranted, based upon the required findings under RPVDC Section 17.78.010(B). Therefore, Staff recommends that the City Council grant the applicant’s request.
The approval of the requested fee waiver will result in the City refunding the $510.60 application fee that was paid by ACLAD. The costs of this refund will be borne by the City’s General Fund.
In addition to Staff’s recommendation, the alternatives available for the City Council’s consideration include:
1. Deny the requested waiver of the application fee.
2. Grant a reduction in the application fee, in an amount to be determined by the City Council.
Fee waiver request