CC RES 1993-040RESOLUTION NO. 93 - 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING THE APPEAL OF
LANDSLIDE MORATORIUM EXCEPTION NO. 5 THEREBY
ALLOWING A COMPLETE TEARDOWN, REBUILD, AND A
300 SQUARE FOOT ADDITION TO AN EXISTING
RESIDENCE AT 57 NARCISSA DRIVE.
WHEREAS, on July 31, 1992, Mr. and Mrs. Jaime Gonzalez,
applied for a Landslide Moratorium Exception to allow 300 square
feet of additional habitable space in conjunction with a remodel of
an existing single family residence at 57 Narcissa Drive; and
WHEREAS, on September 8, 1992, in accordance with the
guidelines described in Chapter 15.20 (Moratorium on Land Use
Permits) of the City's Municipal Code, Landslide Moratorium
Exception No. 5 and related Site Plan Review Application No. 7081
were approved by the Director of Environmental Services, subject to
conditions of approval; and
WHEREAS, upon submittal of detailed structural plans to
Building and Safety "plan check ", the City's Building Official
determined that the project constituted a complete replacement
(tear down and rebuild) of the existing residence. Section
15.20.040(B) of the City's Municipal Code only allows the
replacement of residential structures or buildings which have been
damaged by a hazard, geologic or otherwise. Therefore, the
Director of Environmental Services revoked the approval of
Landslide Moratorium Exception No. 5 and Site Plan Review
Application No. 7081 on February 24, 1993; and
WHEREAS, on March 24, 1993, the applicants appealed the
Director of Environmental Services' revocation decision to the City
Council; and
WHEREAS, the City Council held a public hearing on the appeal
on May 4, 1993, 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
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed project is consistent with
Section 15.20.040(G) of the City's Municipal Code, as the
additional square footage does not exceed 600 square feet, does not
involve new bathroom or kitchen fixtures, does not involve new
buildings, and the applicant has submitted sufficient geotechnical
information, which has been approved by the City's geotechnical
staff, indicating that the project will not aggravate the existing
geotechnical situation.
Section 2:. That the proposed project is consistent with
Section 15.20.040(B) of the City's Municipal Code, as the project
constitutes the replacement, repair and restoration of a
residential structure damaged by a hazard, other than a geologic
hazard. A hazardous condition exists at the property due to the
dilapidated condition of the existing residence, which is over 60
years old. Further, none of the existing structural systems
(foundation, floor, walls, roof) of the residence meet present day
building codes. Therefore, the level of restoration needed to
upgrade the structure to substantially comply with the Uniform
Building code warrants a complete replacement (tear down and
rebuild) of the existing residential structure. Furthermore, with
the exception of the 300 square foot addition, the replacement of
the existing residence shall be limited to the same square footage
and in the same general location on the property and, based on the
City approved geotechnical report, will not aggravate any hazardous
geologic condition.
Section 3e. For the foregoing reasons and based on
information and findings included in the Staff Reports, minutes,
records of proceedings, and evidence presented at the public
hearing, the City Council of the City of Rancho Palos Verdes
hereby upholds the landowners' appeal, thereby approving Landslide
Moratorium Exception No. 5, subject to the conditions of approval
contained in the attached Exhibit "A", which are necessary to
protect the public health, safety, and general welfare.
PASSED, APPROVED AND ADOPTED
ATT T:
CITY//CLERK
STAVIE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
this 18th day of May, 1993,
MAYOR
ss
I,, Jo Purcell,, City Clerk of the City of Rancho Palos Verdes,,
hereby certify that the above Resolution No. 93-40 was duly and
regularly passed and adopted by the said city council - at a regular
meeting held on May 18, 19930
CITY CLERK, C TY OF RANCHO PALOS VERDES
Resolution 93-40
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CONDITIONS OF APPROVAL
LANDSLIDE MORATORIUM EXCEPTION NO. 5
57 NARCISSA
1) Irrigation for landscaping shall be permitted only as
necessary to maintain the yard and garden and shall
consist of a drip irrigation system. All landscaping
irrigation systems shall be part of a water management
system approved by the Director of Public Works.
2 ) Roof run-off from all structures on the subject property
shall be contained and directed to the street or other
drainage course to the- satisfaction and approval of the
Director of Public Works. Any lot drainage deficiencies
identified by the Director of Public Works shall be
corrected prior to final inspection.
3) Septic systems shall be replaced with holding tank
systems in which to dispose of on -site waste water, or
other approved groundwater mitigation measures of
equivalent effectiveness to the satisfaction and approval
of the City's Building Official.
4) If required by the City's geotechnical staff, the
applicant shall submit a geology study or soils report
for review and approval by the City's geotechnical staff,
The study/report shall be prepared in a form satisfactory
to the City's geotechnical staff and the applicant shall
comply with all recommendations of the City's
geotechnical staff prior to issuance of a building or
grading permit.
5 ) Prior to submittal of plans to Building and Safety for
issuance of a building or grading permit, submit for
recordation a covenant agreeing to an irrevocable offer
to dedicate to the City a sewer and storm drain easement
on the subject property.
6) Prior to submittal of plans to Building and Safety for
issuance of a building or grading permit, submit for
recordation a covenant agreeing to support and
participate in a sewer or storm drain assessment
district, if and when one is formed
Exhibit 41A"
Resolution No. 93 -40
Page 1 of 2
7) Prior to submittal of plans to Building and Safety for
issuance of a building or grading permit,, submit for
recordation a covenant agreeing to hold the City
"harmless" of any liability for any loss resulting from
the proposed project.
8) The size of the proposed project shall be limited to the
specific square footage approved. No additional square
footage shall be approved in the future. Prior to
submittal of plans to Building and Safety for issuance of
a building or grading permit, submit for recordation a
covenant agreeing to prohibit further additions,
habitable or non-habitable, on the subject property. In
the event that Chapter 15.20 (Moratorium on Land Use
Permits) of the City's Municipal Code is amended, this
covenant may be amended to conform with the changes or
may be extinguished by resolution of the City Council.
9) This Moratorium Exception approval shall be void after
180 days unless the required related planning
application(s) for the proposed project is/are submitted
to the Department of Environmental Services for
processing.
ahr#2 CofA51893)
Exhibit "All
Resolution No. 93-40
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