CC RES 1996-039RESOLUTION NO. 96 -39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING COASTAL PERMIT
NO. 132 FOR THE REPAIR OF A SLOPE FAILURE
LOCATED BETWEEN PALOS VERDES DRIVE SOUTH AND
YACHT HARBOR DRIVE IN THE PORTUGUESE BEND CLUB
WHEREAS, in April 1995, as a result of severe winter storms in January 1995, a
slope failure occurred on the hillside located between Palos Verdes Drive South and Yacht
Harbor Drive, east of Klondike Canyon, within the Portuguese Bend Club; and,
WHEREAS, in the last six weeks, the sloughing of soil, rocks and debris onto Yacht
Harbor Drive has substantially increased since the initial slope failure in April 1995; and,
WHEREAS, on May 16, 1996, prior to the issuance of a Grading Permit by the City's
Building and Safety Division, the Director of Planning, Building and Code Enforcement
determined that the project required the issuance of a Coastal Permit before the remedial
project could commence; and,
WHEREAS, the proposed Grading Permit and Coastal Permit are necessary to
repair the slope and remediate of the localized landslide condition on this portion of the
property; and,
WHEREAS, on May 16, 1996, Tuttle and Taylor, the legal counsel representing the
Portuguese Bend Club Homeowners Association, requested that the City Council agendize
and discuss the delay in the issuance of the Grading Permit at the next regular meeting;
and,
WHEREAS, on May 21, 1996, the City Council considered the landowner's request
and directed Staff to expedite the processing of the Coastal Permit application that is
required for the repair of the landslide by bringing the application directly to the City
Council for action; and,
WHEREAS, following the last City Council meeting when the applicant was given
permission to perform certain work to remove debris from the bottom of the slope failure
to clear the road, the upper portion of the slope has become even more unstable, causing
a greater danger to persons and property; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ( "CEQA "), The State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65952(e) (Hazardous Waste and Substances
Statement), Staff found no evidence that Coastal Permit No. 132 and the associated
Grading Permit No. 1846, would have a significant adverse effect on the environment.
Accordingly, the proposed project has been found to be categorically exempt (Class 1);
and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Development Code (as amended by Ordinance No. 315U), the City Council held
a duly noticed public hearing on June 4, 1996, 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 M'
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council finds that all of the facts set forth in the recitals of this
Resolution are true and correct.
Section 2: That Coastal Specific Plan, Figure 11, Areas for Consideration of Public
Health and Safety (Page N -38), identifies the area where the slope failure has occurred
as an area of "extreme geologic hazard" (CRM -3a). Further, the Plan's Natural Resource
Element, Policy No. 3 (Page N -45) states that no new permanent structures should be
allowed within this particular Coastal Resource Management District. Since the proposed
project would not involve any new permanent structures and would act to enhance the
safety in the area, the City Council finds that the remedial grading project would be in
conformance with the City's Coastal Specific Plan.
Section 3: In addition, the Plan's Natural Environment Element, Policy No. 9 (Page
N -46) encourages developments within Coastal Resource Management Districts
containing natural vegetation (CM -10) to re- vegetate with native material wherever
clearing of vegetation is required. The City Council hereby finds that, since the destruction
of the Coastal Sage Scrub habitat at this location has been caused by natural forces, a
landslide, it is not appropriate to impose mitigation measures on the applicant to
compensate for the loss of that habitat due to the landslide. However, the project is
conditioned in the attached Exhibit "A" to require the Portuguese Bend Homeowners
Association to mitigate for the loss in Coastal Sage Scrub habitat to the satisfaction of the
State and Federal resource agencies, if required by those agencies, which would also be
in conformance with the City's Coastal Specific Plan.
Section 4: That Coastal Act Section 30212(a)(1) states that public access from the
nearest public roadway to the shoreline shall be provided for new development projects,
except where it is inconsistent with public safety or will result in a risk of substantial
adverse environmental impacts. The project site is identified on City's Coastal Specific
Plan, Figure 30, Protection/ Preservation Corridors (Page C -16) as an "avoidance corridor"
where human activities should be excluded or stringently controlled in order to preserve
sensitive natural habitats and /or to avoid geologically hazardous areas. Therefore, due
Resolution No. 96 -39
Page 2 of 4
the geologic sensitivity of the subject property, the City Council finds that the project is in
conformance with the public access and recreation policies of the Coastal Act.
Section 5: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the California Coastal Commission. Pursuant to the California
Coastal Act Regulations, any such appeal must be filed with the Long Beach office of the
Coastal Commission, in writing, no later that ten (10) working days from the date that the
City's Notice of Final Decision to received at the Coastal Commission's Long Beach office.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and all other records of the proceedings, the City
Council of the City of Rancho Palos Verdes hereby approved Coastal Permit No. 132,
thereby approving the repair of the slope failure between Palos Verdes Drive South and
Yacht Harbor Drive, east of Klondike Canyon, within the Portuguese Bend Club, subject
to the conditions contained in Exhibit "A ", attached hereto and made a part hereof, which
are necessary to preserve the public health, safety and welfare in the area. Furthermore,
to prevent the imminent threat to persons and property caused by the continued
deterioration and instability of the slope, the City Council directed City Staff to hand - deliver
a copy of this Resolution to the California Coastal Commission on June 5, 1996, and
authorized further the applicant to commence work immediately to stabilize the dangerous
upper portion of the slope and to remove the large boulder therefrom.
PASSED, APPROVED and ADOPTED this 4th day of June 1996.
ATTEST:
CffY CL'ERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
f 1
MAY R
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 96 -39 was duly and regularly passed and adopte by the said City Council
at a regular meeting held on June 4, 1996. n /� /?
Jo Pu��ll, City Clerk
City o ancho Palos Verdes ,
Resolution No. 96 -39
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EXHIBIT "A"
COASTAL PERMIT NO. 132
CONDITIONS OF APPROVAL
1. The landowner shall comply with all conditions of approval required in conjunction
with Grading Permit No. 1846 and any subsequent revisions to this permit.
2. The landowner shall obtain all necessary permits and shall comply with all
mitigation measures, if any, required by the California Department of Fish and
Game and the United Stated Fish and Wildlife Service in order to mitigate for the
loss of any Coastal Sage Scrub habitat as a result of the proposed slope repair
project.
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