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CC RES 2019-008 RESOLUTION NO. 2019-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA DENYING THE NOTICE AND ORDER TO ABATE APPEAL FILED BY NICHOLAS LOLOEE AND THEREBY MOVING FORWARD WITH THE ABATEMENT OF THE UNPERMITTED ABOVE- GROUND POOL AND DECK LOCATED AT 8 ROSEAPPLE ROAD AND 56 LIMETREE LANE AGAINST NICHOLAS LOLOEE AND INVOLVING REAL PARTY IN INTEREST, JEANNE SMOLLEY. WHEREAS, the City of Rancho Palos Verdes ("City") has an adopted Municipal Code; WHEREAS, §15.20.020 (Moratorium on Land Use Permits) of the Rancho Palos Verdes Municipal Code ("RPVMC") places a moratorium on the "filing, processing, approval or issuance of building, grading, or other permits, environmental assessments, environmental impact reports, conditional use permits, tentative maps or parcel maps in the area of the city identified as the `landslide moratorium area' as outlined in red on the landslide moratorium map on file in the office of the director, unless expressly allowed by §15.20.040 (Exceptions)" ("Moratorium"); WHEREAS, RPVMC §15.20.040 allows exceptions to the Moratorium if an applicant submits a completed application and the application is accepted by the City; WHEREAS, the properties located at 8 Roseapple Road and 56 Limetree Lane are located in Zone 6 of the Landslide Moratorium Area of the City; WHEREAS, Nicholas Loloee, owner and resident of 8 Roseapple Road, installed an above-ground pool and deck ("structures"); WHEREAS, Mr. Loloee's above-ground pool and deck are located on 56 Limetree Lane, a property belonging to Jeanne Smolley (collectively with Mr. Loloee and the City, "Parties"); WHEREAS, Mr. Loloee never applied for or obtained a permit for the structures nor applied for or obtained exceptions to the City's Moratorium in accordance to §15.20.040 of the RPVMC; WHEREAS, the City has informed Mr. Loloee and Ms. Smolley numerous times of the unpermitted structures and their violation of the RPVMC; WHEREAS, the City has cited Mr. Loloee and Ms. Smolley for the unpermitted structures; WHEREAS, the Parties failed to reach an amicable resolution regarding the unpermitted structures; WHEREAS, on December 21, 2018, the City properly noticed and served Mr. Loloee and Ms. Smolley a Notice and Order to Abate a Public Nuisance; WHEREAS, on January 30, 2019, an appeal of the City's Notice and Order to Abate was filed by Ms. Rana Nader on behalf of Mr. Loloee; and, NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes DOES HEREBY FIND, DETERMINE, AND RESOLVE as follows: Section 1: Having heard and considered the oral, written, and documentary evidence presented at the duly-noticed public hearing conducted by the City Council on March 5, 2019, the City Council makes the following findings: A. Nicholas Loloee, the owner and resident of 8 Roseapple Road, installed, without obtaining City zoning approvals and building permits, an above- ground pool and deck (the "Unpermitted Structures"). B. Mr. Loloee actually installed them on property located at 56 Limetree Lane. C. Jeanne Smolley is the owner and resident of 56 Limetree Lane. D. Both 8 Roseapple Road and 56 Limetree Lane are located in Zone 6 of the City's Landslide Moratorium Area, an active slide zone. E. The Unpermitted Structures owned by Nicholas Loloee and located at 56 Limetree Lane are subject to Rancho Palos Verdes Municipal Code ("RPVMC") §15.20.020 (Moratorium on Land Use Permits) ("Moratorium"). Mr. Loloee, did not apply for a permit to construct the Unpermitted Structures and did not submit a completed application for exception from the Moratorium. F. Ms. Smolley and Mr. Loloee contend that the Unpermitted Structures are not located at 56 Limetree Lane, but have not provided on geological maps or other evidence refuting the City's assertion that the Unpermitted Structures are, in fact, located on Ms. Smolley's property rather than Mr. Loloee's property. G. On or about October 15, 2018, the City properly issued and served on Mr. Loloee's and Ms. Smolley's property a Revised Notice and Order to Abate a Public Nuisance ("Revised Notice"). The Revised Notice was sent to Mr. Loloee and Ms. Smolley via certified and regular mail on or about October 24, 2018. The Revised Notice indicated that the parities had until Resolution No. 2019-08 Page 2 of 4 November 14, 2018, to appeal to the City Council, which is more than the ten (10) days provided for by RPVMC §8.24.080(D). H. On December 11, 2018, Mr. Loloee's counsel claimed that Mr. Loloee never received the Revised Notice. Although not required to do so, the City issued a New Revised Notice and Order to Abate a Public Nuisance ("New Revised Notice") on December 21, 2018. The New Revised Notice provided that the parties had until January 31, 2019, to appeal the matter to the City Council. On January 30, 2019, Mr. Loloee appealed the New Revised Notice. I. City Staff has made various efforts to resolve these issues with Mr. Loloee and Ms. Smolley. Despite numerous meetings, exchanges of correspondence, and opportunities to come into compliance with RPVMC §15.20.020, neither Mr. Loloee nor Ms. Smolley have brought the Unpermitted Structures into compliance. J. Based upon all the evidence presented, and after hearing the arguments and testimony on behalf of Mr. Loloee and Ms. Smolley, the public, and City Staff, the City Council finds the evidence of construction of the Unpermitted Structures undisputed because Mr. Loloee admits that they exist. The City Council finds that no permits of any kind (zoning or building) nor any exceptions were obtained by Mr. Loloee or Ms. Smolley, therefore, the construction of the Unpermitted Structures was in violation of the RPVMC. The City Council finds no basis for finding any legal justification requiring or authorizing the Unpermitted Structures pursuant to the Americans with Disabilities Act or any other provision of law. K. The City Council further finds that the Unpermitted Structures are a public nuisance as defined under RPVMC §1.08.010(D)(1), §8.24.030(F) and §8.24.070. The Unpermitted Structures are "injurious to health," interfering "with the comfortable enjoyment of life or property by a neighborhood or by any considerable number of person in the City irrespective of whether the annoyance or damage inflicted upon individuals is unequal." L. There are currently no reasonable modifications that can be taken to remove the danger posed by the Unpermitted Structures to the public health, safety, and welfare. Section 2: Based on the information included in the Staff Report, the testimony and evidence presented at the public hearing, the administrative records related to that prior proceeding, the Minutes and the other records of this proceeding on file with the City, the City Council of the City of Rancho Palos Verdes hereby denies the appeal filed by Ms. Rana Nader on behalf of Nicholas Loloee of the City's Notice and Order to Abate a Public Nuisance and directs City Staff to proceed with the abatement of the Unpermitted Structures. Resolution No. 2019-08 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 5th day of March 2019. AYES: Alegria, Brooks, Cruikshank, Dyda and Mayor Duhovic NOES: None ABSENT: None ABSTAIN: None Mayor Attest: 411".; moor ity Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2019-08 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on March 5, 2019. CT& Clerk Resolution No. 2019-08 Page 4 of 4