CC RES 1998-006 RESOLUTION NO. 98-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL AND
UPHOLDING THE PLANNING COMMISSION'S DECISION TO
APPROVE CONDITIONAL USE PERMIT NO. 185 AND GRADING
PERMIT NO. 1793 FOR CONSTRUCTION OF A NEW 2,065
SQUARE FOOT ONE STORY VISITORS CENTER TO REPLACE
A SIMILAR STRUCTURE THAT WAS DAMAGED BY
LANDSLIDE ACTIVITY ON PROPERTY LOCATED AT 5755
PALOS VERDES DRIVE SOUTH,WITHIN THE BOUNDARIES OF
THE LANDSLIDE MORATORIUM AREA
WHEREAS, on September 20, 1994, the City Council of the City of Rancho Palos
Verdes approved Landslide Moratorium Exception No. 10 to allow the Wayfarers Chapel to
proceed with the submittal of appropriate applications for construction of a new 2,400 square
foot two-story Visitors Center to replace a similar structure which was located at a different
location on the subject property that had been damaged by landslide activity on property
located at 5755 Palos Verdes Drive South, which is located within the boundaries of the City's
Landslide Moratorium Area; and,
WHEREAS, on February 8, 1995, pursuant to the approval of Landslide Moratorium
Exception No. 10 by the City Council, the Wayfarers Chapel submitted applications for
Conditional Use Permit No. 185, Variance No. 388, and Grading Permit No. 1793 to allow
construction of a new 2,400 square foot two-story Visitors Center, improvements to an
existing amphitheater area, and remedial grading on the subject property; and,
WHEREAS, on October 17, 1996, the Wayfarer's Chapel submitted a revised plan that
consisted of a 2,065 square foot one story structure, improvements to an existing
amphitheater, and remedial grading for the structure; and,
WHEREAS, the Institutional zoning district in which the subject property is located
allows for the continued use of the subject property as a religious facility, as well as for the
expansion of the facilities for related uses; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines,
California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that,
by incorporating mitigation measures into the Negative Declaration and project approval, there
is no substantial evidence that the approval of Conditional Use Permit No. 185, Variance No.
388, and Grading Permit No. 1793 would result in a significant adverse effect on the
environment. Accordingly, a Draft Mitigated Negative Declaration has been prepared and
notice of that fact was given in the manner required by law; and,
WHEREAS, in accordance with the requirements of the California Environmental
Quality Act, a Mitigation Monitoring Program has been prepared, and is attached hereto by
reference; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the Planning Commission of the City of
Rancho Palos Verdes held a public hearing on July 11 and 25, 1995, August 2 and 8, 1995,
September 12, 1995, December 12, 1995, January 23, 1996, February 3, 1996, March 12,
1996, April 23, 1996, June 11, 1996, September 10, 1996, October 22, 1996, November 12,
1996, August 26, 1997, September 9, 1997, and November 11 and 25, 1997 at which time all
interested parties were given an opportunity to be heard and present evidence.
WHEREAS, on November 25, 1997, the Planning Commission approved Conditional
Use Permit no. 185, Variance No. 388, Grading Permit No. 1793, and Environmental
Assessment No. 676; and,
WHEREAS, on December 10, 1997, an appeal was filed in regards to the Planning
Commission's decision; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the City Council of the City of Rancho
Palos Verdes held a public hearing on February 3, 1998, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: That the subject site for the intended use, which is 151,589 square feet
in area, is adequate in size and shape to accommodate said uses, since the proposed project
involves the replacement of the Visitors Center building and the enhancement of the existing
amphitheater, which were originally constructed in conjunction with the Chapel and existed on
the property for over 30 years. The site is currently landscaped with ornamental species and
maintained to a very high level. Therefore, no new landscaping would be necessary, with
exception to small planter areas adjacent to the proposed Visitor Center, to screen the use
from surrounding properties or improve the aesthetic appearance of the property. Due to the
location of the proposed Visitor's Center and the re-configuration of the circulation route and
parking lot, the amount of parking spaces would be reduced from 106 to 100. However,
pursuant to the Municipal Code, only 71 parking spaces would be required, even if all uses on
the site where operated simultaneously. Therefore, adequate parking facilities would be
available on the site. Finally, in order to lessen risks associated with landslide movement,
minimize the number of on-site parking spaces lost due to construction, and provide adequate
circulation around the facility, the applicant has submitted a concurrent application for
Variance No. 388, conditions for which have been imposed through Resolution No. 98-07, to
adjust said use with those on abutting land and within the neighborhood.
Resolution No. 98-06
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Section 2: Access to the site is gained via Palos Verdes Drive South, which is a
main arterial roadway designed to carry the type and quantity of traffic generated by the
construction of the new Visitors Center and by the improvements to the existing amphitheater
area. Additionally, since the proposed construction will provide visitor services on-site, it will
no longer be necessary for the public to leave the site, and travel approximately 1/4 of a mile
west to obtain information regarding use of the Wayfarers Chapel. This will likely result in a
decrease in traffic between the Chapel property and the off-site Visitor Center. Therefore, the
site is adequately served by streets and highways which provide access to the property.
Section 3: The Initial Study prepared for this project indicated that there may be
impacts related to Earth, Noise, Light and Glare, Transportation/Circulation, Aesthetics, and
Cultural Resources resulting from the proposed construction. However, imposition of certain
Mitigation Measures as identified in the Initial Study will reduce these impacts to less than
significant levels. In consideration of the fact that the subject property is located within the
boundaries of the Landslide Moratorium Area, the applicant submitted geologic studies for the
construction prior to approval of the project, which provide evidence that the
proposed _ p .
proposed project will not aggravate the existing geologic conditions, nor adversely impact
adjacent properties. The geologic studies were reviewed and approved by the City's
Geotechnical Staff on October 11, 1995. Conditions of Approval have been imposed which
require the landowner to comply with all recommendations and requirements of the City's
Geotechnical Staff, as well as those of the Division of Building and Safety. Additionally, all
drainage deficiencies on the property which are contributing to the failure of a landslide scarp located towards the eastern side of the property shall be corrected, and the Chapel will be
required to connect to the City's new sewer system, upon completion in the general area of
the Chapel property. View analyses have been conducted from surrounding properties, and
the proposed construction will not significantly impact views. Therefore, in approving the
subject use at the specific location, there will be no significant adverse effect on adjacent
property or the permitted use thereof.
Section 4: That the proposed use is not contrary to the General Plan, since it is a
Policy of the General Plan to "Require any development within the...and old landslide area to
perform at least one, and preferably two, independent engineering studies concerning the
geotechnical, soils, and other stability factors (including seismic considerations) affecting the
site". The applicant has prepared an extensive geotechnical study that has been reviewed
and approved by the City's Geotechnical Consultant. In addition, the General Plan
designates the subject property for Institutional/Religious uses, and no change in land use is
proposed.
Section 5: The grading does not exceed that which is necessary for the permitted
primary use of the lot, as defined in Development Code Chapter 17.96 (Definitions), because
the proposed grading of 829 cubic yards is for remedial purposes only. The proposed
earthwork is minor in that it will primarily involve the removal and recompaction of the soil
under the proposed building footprint. Additionally, the applicant is proposing to replace an
existing rock retaining wall with a new 5'-6" high retaining wall. The proposed retaining wall
will not cause any impacts to the surrounding property, and will serve to further stabilize the
slope above.
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Page 3 of 11
Section 6: The grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views from, neighboring properties because
although the vacant property located directly to the west of the proposed construction is
zoned for single family residential development, the existing steep slopes may restrict
development of future homes in that area which may be subject to any type of view
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impairment. Notwithstanding whether or not any future homes may be constructed in that
area, it is not likely that the proposed grading, retaining wall, and construction of the proposed
Visitor's Center would adversely affect views from the adjacent property, since the existing
structures and topography already restrict views to the east, while views of the ocean and
Catalina Island would remain towards the south.
Section 7:, Because the subject site was mass graded in the 195O's, when the Chapel
was first developed, the existing contours on the site are manufactured and not natural. Since
the proposed grading changes are minor, and the finished grade will be similar to that
currently existing,existin thereby minimizing disturbance to the natural contours, there will be no
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significant impacts as a result of affecting the existing contours of the site.
Section 8:, The location of the proposed Visitor's Center site was previously mass
graded such that no natural topographic features remain at this location. In addition, the
proposed grading will not significantly affect the existing appearance of the property and the
finished contours will blend with the existing manufactured slopes on the lot.
Section 9: The grading would not cause excessive and unnecessary disturbance of
the natural landscape or wildlife habitat through removal of vegetation because the lot has
already been mass graded in the 1950's, the proposed Visitor's Center building will be
constructed primarily where asphalt exists, and the type and amount of existing vegetation
that would be removed is minimal.
Section 10,: That, in requiring certain safeguards, the City Council has imposed
Conditions of Approval contained in the attached Exhibits "A" and "B"which have been
deemed to be necessary to protect the health, safety, and general welfare. Said conditions
include, but are not limited to, requirements for special setbacks and buffers, fences and/or
walls, lighting, regulation of points of vehicular ingress and egress, regulation of noise,
vibration, odors, etc., requiring landscaping and maintenance thereof, requiring maintenance
of the structures, grounds, and/or signs, and such other conditions as will make possible
development of the City in an orderly and efficient manner and in conformity with the intent
and purpose set forth in the Development Code.
Section 11: 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.
Section 12,: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the City Council
hereby approves Conditional Use Permit No. 185 and Grading Permit No. 1793 to allow
construction of a new Visitors Center to replace a similar structure which was damaged by
Resolution No. 98-06
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landslide activity, and improvements to an existing amphitheater area on the Wayfarers
Chapel property located at 5755 Palos Verdes Drive South, subject to Conditions of Approval
contained in the attached Exhibits "A" and "B", which are necessary to protect the public
health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 17th day of February, 1998.
Ai ,AftA..,
MAYOR
ATTEST:
10 _
CI CLERK
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES }
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 98-06 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on February 17, 1998.
(9 /
CITY CLE'r
Resolution No. 98-06
Page 5 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 185
5755 PALOS VERDES DRIVE SOUTH
WAYFARERS CHAPEL
General
1. Within thirty (30) days of this approval, landowner shall submit to the City a statement,
in writing, that they have read, understand, and agree to all Conditions of Approval
contained in this document. Failure to provide such statement shall render this
approval null and void.
2. The landowner shall comply with all Mitigation Measures and Conditions of Approval
contained in Resolution Nos. 98-05 and 98-07, granted in association with
Environmental Assessment No. 676 and Variance No. 388, and Exhibit"A"for Grading
Permit No. 1793, as well as with all Conditions of Approval of Landslide Moratorium
Exception No. 10, as approved by the City Council on September 20, 1994.
3. All construction shall be completed in substantial conformance to the plans approved
by the City Council on February 17, 1998.
4. The landowner shall comply with all recommendations and requirements of the Division
of Building and Safety, and the City's Geotechnical Staff.
5. This Conditional Use Permit and subject Conditions of Approval contained herein shall
be reviewed and potentially modified, as deemed necessary and appropriate by the
Planning Commission, six (6) months after the issuance of a Certificate of Occupancy
for the Visitors Center. Said review shall consider, but not be limited to, the hours of
operation, security measures, and lighting.
6. The hours of grading and construction shall be limited to 7:00 a.m. to 7:00 p.m.,
Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. No construction shall
be permitted on Sundays or Legal Holidays.
7. Hours of operation for the Church, Visitor's Center and outdoor Amphitheater shall be
as follows:
Church: 8am to 9pm, Monday through Sunday
Visitor's Center: 9am to 5pm, Monday through Sunday
Amphitheater: Monday through Sunday, between the hours of 10:00 a.m. and
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6:00 p.m. during Pacific Standard Time, and between the hours
of 10:00 a.m. and 8:00 p.m. during Daylight Savings Time. The
amphitheater may be used for sunrise services to be conducted
on Easter Sunday and Christmas Day. On such holidays,
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access to the site by the general public shall not be available
prior to 5:00 a.m.
8. The J ro'ect is approved for and must provide 100 total parking spaces. Prior to final
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on the building permit, the Director of Planning, Building and Code Enforcement shall
verify the existence of 100 parking spaces. Allowable occupancy and required parking
for each aspect of the Church, Visitor's Center, and Amphitheater area is as follows:
I Use 1 Code Requirement I Size/Occupancy I Total Spaces Req'd
q
Chapel 1 Space/3 Fixed Seats 90 seats 30 spaces
Amphitheater 1 Space/3 Fixed Seats 100 seats 33 spaces
Visitor's Center 1 Space/250 sq.ft. 2,065 8 spaces
Total Spaces Req'd = 71 spaces
by Municipal Code
Total Spaces = 100 spaces
Provided
Any changes to these occupancy levels shall be reviewed and approved by the
Director of Planning, Building and Code Enforcement. However, if the total Spaces
Required exceeds 100 spaces as a result of any future increase in occupancy, then
the project shall be reviewed by the Planning Commission
Visitors Center
9. The maximum height of the Visitors Center building shall not exceed 14 feet on the
upslope (northern) side, and 18.5 feet on the downslope (southern) side of the
building. CRITICAL- HEIGHT CERTIFICATION REQUIRED UPON COMPLETION
OF FRAMING.
10. The square footage of the floor area of the Visitors Center shall not exceed 2,065
square feet.
11. The Visitors Center shall be used only for office, information, display, and gift shop
purposes only. The Visitors Center shall not be used to conduct weddings, religious
services, or similar uses.
Amphitheater
12. The amphitheater shall have a maximum capacity of one hundred (100) permanent
seats.
13. Except as noted below, the amphitheater area may be used to conduct weddings,
recitals, religious services, and similar activities as determined by the Director of
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Planning, Building and Code Enforcement.
14. The use of amplified music and/or speakers may be permitted only within the
amphitheater area during the following holidays: Palm Sunday and Easter Sunday. At
least 15 days prior to an event using amplified sound equipment which is being held on
Palm Sunday or Easter Sunday, a notice shall be sent by the Wayfarer's Chapel to all
property owners within a 500' radius of the site, and posted at the entry gates to the
Portuguese Bend Community notifying persons of the upcoming event, the use of
amplified equipment, and the hours upon which the event will occur. At least 10 days
prior to release of the notice (25 days prior to the event), the applicant shall submit a
copy of the draft notice and list of property owners within a 500' radius for review and
approval by the Director of Planning, Building and Code Enforcement (Director).
The use of amplified music and/or speakers may also occur on a maximum of 2 other
days within a calendar year, provided that the owner first obtain approval of a Special
Use Permit (SUP) by the Director. If a SUP is granted, then in addition to notice as
required under Chapter 17.62, notice of the event shall also be posted at the entry
gates to the Portuguese Bend Community at least 15 days in advance of the event.
Noise levels resulting from the use of amplifiers and/or speakers shall not exceed a
maximum of fifty decibels (50 DBA) as measured at the following three points abutting
the Wayfarer's Chapel northern property line; (1) at 20 Narcissa Drive, (2) at 22
Narcissa Drive and (3) at 24 Narcissa Drive. At least 30 days prior to the first event to
be held using amplified equipment, the owner shall submit a trust deposit to the City in
an amount to cover the costs of a City selected Certified Noise Consultant who will
attend said special event, conduct an analysis of the amount of noise generated from
the amplified sound equipment at these three points, prepare a noise study
summarizing his/her findings, which shall include, but not be limited to, the decibel
rating taken at the three points, and present such study to the Director for review.
If the decibel rating at this first event is greater than 50DBA as taken from any of the
three points, then prior to the next amplified event, the owner has the following three
options:
1. After the first amplified event, the owner may request that the maximum decibel
level be raised, subject to review and approval of an amendment to the
Conditional Use Permit, through a public hearing, by the Planning Commission.
Any application for such an amendment shall include subsequent noise studies
and other information as deemed necessary by the Director. The Planning
Commission decision on such an amendment may be appealed to the City
Council; or,
2. The owner shall indicate what methods will be taken to ensure that at all
subsequent events the decibel rating will not exceed 50DBA. As determined by
the Director, at subsequent amplified events, the owner shall again submit a
trust deposit to the City to cover the costs of a Certified Noise Consultant to
Resolution No. 98-06
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conduct additional studies as described above to show that the noise rating has
not exceeded 5ODBA. If the decibel rating has exceeded 5ODBA for three or
more events, then the owner shall either file for an amendment to the
Conditional Use Permit to raise the decibel level (as described in option #1) or
shall discontinue all amplified outdoor events; or,
3. Discontinue all amplified outdoor events.
If the decibel rating at the first event is less than 5ODBA, as measured from the three
points, as discussed above, then there shall be no further requirement to monitor noise
levels at future events. However, if the Director determines that the 5ODBA
requirement may have been exceeded at any future event where amplified sound
equipment is used, and which was not monitored by a noise consultant, then the
Director may, as a condition of any future special event, whether it be Palm Sunday,
Easter Sunday, and/or the other 2 permitted SUP days, require the owner to submit a
trust deposit to cover the costs and review of a Certified Noise Consultant as
discussed above. If the decibel rating has exceeded 5ODBA for three or more events,
then the owner shall either file for an amendment to the Conditional Use Permit to raise
the decibel level (as described in option #1) or shall discontinue all amplified outdoor
events
In addition, the landowner shall comply with any Noise Ordinance adopted by the City.
In the event that these conditions conflict with any future Noise Ordinance, the stricter
requirement shall apply.
15. With exception to minor, low-voltage lighting to be installed along the walkway, subject
to review and approval by the Director of Planning, Building, and Code Enforcement,
the installation of exterior lighting in the amphitheater area shall be prohibited.
Exterior Lighting
16. Prior to issuance of Building Permits, the landowner shall submit to the City a proposed
exterior lighting plan for the site. The exterior lighting plan shall be subject to review
and approval by the Director of Planning, Building, and Code Enforcement. The
installation of exterior lighting in the amphitheater area shall be prohibited.
17. All exterior lighting shall be shielded and directed downwards to prevent direct
illumination of or towards adjacent properties.
18. All exterior lighting shall be turned off by 9:30 p.m. or within 1/2 hour following a special
evening event for which a permit has been obtained.
On-site Security
19. Prior to issuance of Final Building Permits, the landowner shall install a security gate,
fence, or other barrier, to the satisfaction of the Director of Planning, Building, and
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Code Enforcement, at the driveway entrance to the property to prevent access to the
site after hours.
20. The landowner shall provide an on-site security guard from dusk to dawn on Friday,
Saturday, and Sunday evenings, as well as on the eve prior to and during Legal
Holidays (i.e., July 3 and 4), and on the eve of Halloween.
21. Prior to issuance of a Building Permit, the landowner shall submit a fencing plan for
review and approval by the Director of Planning, Building and Code Enforcement. The
fencing plan shall be designed to provide additional security to neighboring homes and
property. All fencing as approved on the fencing plan shall be installed prior to
issuance of a certificate of use and occupancy for the Visitor's Center building.
22. The landowner shall install signage throughout the property, subject to review and
approval by the Director of Planning, Building, and Code Enforcement, requesting all
visitors to be respectful of the quiet and privacy of the neighbors. This signage shall
include, but not be limited to, signs located on fencing to be installed between the
subject property and neighboring residential property, indicating that "Visitors shall not
be permitted beyond this fence".
Landscaping
23. The installation and/or removal of any landscaping on the subject property, except that
related to minor maintenance activities (ie. planting or removing small plants, trimming
of trees and shrubs, etc) shall be subject to review and approval by the Director of
Planning, Building, and Code Enforcement. In addition, the removal of any native or
coastal sag e scrub vegetation shall be approved by the Director of Planning, Building
and Code Enforcement and other approving agencies, consistent with all applicable
laws and the preparation and adoption of any Natural Communities Conservation
Program (NCCP) adopted by the City.
24. Vegetative screening along the western side of the building shall be provided, where
appropriate, to filter reflective sunlight caused by the Visitors Center building.
Landslide Moratorium Exception No. 10
25. All lot drainage deficiencies identified by the Director of Public Works, if any, shall be
corrected by the landowner prior to issuance of Building Permits for the Visitor's Center
building.
26. In lieu of improvements to the existing septic system, installation of a holding tank shall
be required for all Visitors Center plumbing fixtures. The capacity of the required
holding tank system shall be subject to the review and approval of the City's Building
Official.
27. Prior to issuance of a Building Permit, roof runoff from all buildings and structures on
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the site shall be contained and directed to the streets or approved drainage course.
Due to the historic nature of the chapel building itself, an exception to this requirement
may be applied in the event that installation of rain gutters or similar devices results in
significant modifications to the architectural nature of the building. However, the
landowner shall use their best efforts to devise an appropriate system to control roof
runoff from the chapel building, subject to review and approval by the Planning and
Building Department.
28. The landowner shall submit to the City 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 issuance of either a Grading or a Building Permit.
29. Prior to issuance of a Grading or Building Permit, the landowner shall submit to the
Cit y a hold harmless agreement, satisfactory to the City Attorney, promising to defend,
indemnify, and hold the City harmless from any claims or damages resulting from the
approved project.
30. Prior to issuance of Grading or Building Permits, the landowner shall submit to the City
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 City pursuant to the terms of the Rancho Palos
Verdes Municipal Code.
31. All landscape irrigation plans shall be part of a water management system approved by
the Director of Public Works. Irrigation for landscaping shall be permitted only as
necessary to maintain the yards and gardens.
Other
32. The landowner shall install devices in and/or around the proposed Visitors Center, and
in and/or around the remaining portions of the demolished building which monitor any
land movement which may occur in and/or around these structures. Said equipment
shall be subject to review and approval by the City's Division of Building and Safety
and the City's Geotechnical Staff prior to its installation. The landowner shall provide
reports to the City documenting the measurements of any land movement. Said
reports shall be submitted to the City a minimum of every six (6) months beginning with
the date of issuance of a Certificate of Occupancy, or more frequently in the event that
land movement is detected. The City shall reserve the right to declare any of the
buildings and/or structures on the property unsafe for occupancy in the event that
significant land movement is detected.
Resolution No. 98-06
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