CC RES 2005-014RESOLUTION NO. 2005 -14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES WAIVING CERTAIN FEE AND PERMIT
REQUIREMENTS FOR THE REPAIR OF DAMAGE TO SLOPES AND
RETAINING WALLS RESULTING FROM THE RAINSTORMS OF
JANUARY 2005.
WHEREAS, in early January of 2005, a series of severe rainstorms struck the
City of Rancho Palos Verdes, causing extreme damage to private slopes and retaining
walls and other dangerous conditions on adjoining private and public property
throughout the City; and,
WHEREAS, the repair of this damage to private slopes and retaining walls will
require the review of grading plans and soils reports and the issuance of remedial
grading permits by the City's Planning, Building and Code Enforcement Department;
and,
WHEREAS, the types of property damage sustained as a result of the storms of
early January of 2005 are generally not covered by homeowners' insurance, so that the
cost of repairing this damage including the cost of obtaining the necessary approvals
and permits to complete the repairs is likely to constitute a significant financial
hardship for individual property owners; and,
WHEREAS, it is in the best interest of the affected property owners and the City
as a whole to expedite the review and approval of the necessary plans to repair the
damaged slopes and retaining walls as quickly as possible to avoid further damage to
the affected properties and to adjacent private and public properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Director of Planning, Building and Code Enforcement and his
designees are hereby directed to expedite processing of applications for remedial
grading permits necessary to repair or remediate damage or dangerous conditions
resulting from the storms of January 2005 involving legal pre- existing slopes or retaining
walls, insofar as the repaired slopes and walls are substantially the same configuration,
location and height as the pre- existing slopes and walls. Such applications shall be
processed as an expedited, "over- the - counter" review whenever possible. In the event
that the repaired slopes and walls cannot be restored to their pre- existing configuration,
location and height due to Building Code and /or geotechnical considerations, the
Director of Planning, Building and Code Enforcement and his designees shall also
expedite the review of such remedial grading permit applications in accordance with the
criteria and purposes established in Section 17.76.040(A) of the Rancho Palos Verdes
Municipal Code, and may impose reasonable conditions on said permits.
Section 2: The prcvisions of Rancho Palos Verdes Municipal Code Sections
15.18.060, 1 ?.76.040(D)(5) and 17.76.040(H), relating to application, permit and appeal
fees, are hereby waived for any application for a remedial grading permit necessary to
repair or remediate damage or dangerous conditions resulting from the storms of
January 1995 involving legal pre- existing slopes or retaining walls where the applicant
demonstrates that there will be a financial hardship because the damage and repairs
are not covered by insurance. Residents seeking a fee waiver shall provide written
verification that the damage and repairs are not covered by insurance.
Section 3: This Resolution shall apply only to those applications for remedial
grading permits necessary to repair or remediate damage or dangerous conditions
resulting from the storms of January 2005 involving legal pre- existing slopes or retaining
walls. Such applications must be completed and submitted to the Planning, Building
and Code Enforcement Department not later than December 31, 2005. The applicant
shall complete any work approved by the Department within one hundred eighty (180)
days of the approval of the application.
Section 4: This Resolution shall not apply to applications for voluntary
expansion or intensification of any storm - damaged slope or retaining wall that is not
required in order to comply with current Building Code and /or geotechnical requirements
nor shall it apply to any other non - remedial grading, which shall be subject to the normal
review processes specified in Rancho Palos Verdes Municipal Code Section 17.76.040.
Section 5: The provisions of the California Environmental Quality Act (CEQA)
do not apply to this Resolution, or to any of the actions authorized subsequent hereto,
pursuant to Public Resources Code Section 21172 ( "Exempts projects within state of
emergency areas proclaimed by the Governor ") and CEQA Guidelines Section 15269
( "Emergency Projects 11
PASSED, APPROVED, and ADOPTED this 15th day of February 2005.
Mayor
W L
MW XWZW__
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2005 -14 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on February 15, 2005.
City Jerk
Resolution No. 2005 -14
Page 2of2