CC RES 2005-021RESOLUTION NO. 2005-21
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 THE
2004 -2005 RAINY SEASON.
WHEREAS, on February 15, 2005, the Rancho Palos Verdes City Council
adopted Resolution No. 2005 -14, thereby waiving certain fee and permit requirements
for the repair of damage to slopes and retaining walls resulting from the rainstorms of
early - January 2005; and,
WHEREAS, a few days later over the Presidents' Day weekend, another 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
January and February 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, with the current saturation of the City's soils and the likelihood of
additional heavy rain this spring, property owners may continue to experience slope and
retaining wall failures for the remainder of the current rainy season, which "officially"
ends on April 15, 2005; 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 the 2004 -2005 rainy season occurring on or before April 15,
2005, and 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 provisions of Rancho Palos Verdes Municipal Code Sections
15.18.0609 17.76.040(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 the
2004 -2005 rainy season occurring on or before April 15, 2005, 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 the 2004 -2005 rainy season occurring on or before April 15,
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 ").
Resolution No. 2005 -21
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PASSED, APPROVED, and ADOPTED this 15th day of March 2005.
a-jz� K)a
Mayor
Attest:
e
Stata of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Cprolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
abovve Resolution No. 2005 -21 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on March 15, 2005.
Resolution No. 2005 -21
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