CC RES 2019-024 RESOLUTION NO. 2019-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE DIRECTOR-
APPROVED LANDSLIDE MORATORIUM EXCEPTION
PERMIT ALLOWING THE APPLICANT TO SUBMIT THE
APPROPRIATE DEVELOPMENT APPLICATIONS TO THE
PLANNING DIVISION TO CONSIDER THE
CONSTRUCTION OF A NEW TWO-STORY RESIDENCE,
GARAGE, AND ACCESSORY DWELLING UNIT WITH
MODIFICATIONS TO CONDITION NOS. 2 AND 7 OF THE
CONDITIONS OF APPROVAL ON THE PROPERTY AT
6001 PALOS VERDES DRIVE SOUTH.
WHEREAS, on November 19, 2018, Jim York ("Appellant"), the owner of 6001
Palos Verdes Drive South, commonly referred to as the Point View property ("Property"),
submitted a Landslide Moratorium Exception Permit (LME) (Case No. PLME2018-0004)
requesting approval to submit planning applications for the proposed construction of a
two-story single-family residence, garage and accessory dwelling unit on the Property;
and
WHEREAS, on December 17, 2018, after reviewing the application package, City
Staff deemed the application incomplete for processing based on the City's Geologist's
review of the Appellant's geotechnical report. On January 9, 2019, the City's Geologist
granted an in-concept approval of the proposed project and the application was deemed
complete for further processing on February 7, 2019. Pursuant to the Permit Streamlining
Act, the project's action deadline was April 8, 2019; and
WHEREAS, on April 8, 2019, the Director of Community Development (Director)
issued a Notice of Decision and corresponding Staff Report, conditionally approving the
LME permit. Immediately after issuing the Notice of Decision, the Applicant requested
that Condition No. 7 of the project Conditions of Approval be further clarified with respect
to the future subdivision of the Property and trail easement dedication; and
WHEREAS, on April 9, 2019, the Director issued a Revised Notice of Decision and
updated Staff Report clarifying requirements established under the Conditions of
Approval and Staff Report, as it relates to the trail easement dedication and subdivision
requirements to the future subdivision of the non-Landslide Moratorium Area of the
Property; and
WHEREAS, on April 17, 2019, a timely appeal of the Director's LME permit
approval was filed by the Appellant requesting the City Council provide additional
clarification to the Conditions of Approval; and
WHEREAS, Appellant's appeal raised the following issues with the Director's
decision: 1) Amend Condition No. 2 to provide clarification that the condition only
applies to third party challenges to City Approvals and does not, as could be concluded
from the broad language currently used, require the applicant to indemnify the City if the
Applicant is the Challenger; 2) Amend Condition No. 7 to provide clarification related to
the future subdivision of the subject property (7a) and trail dedication (7c); 3) Objection
to the land dedication called for by the City's Natural Communities Conservation Plan/
Habitat Conservation Plan; and
WHEREAS, on May 23, 2019, a 15-day public notice of the public hearing
regarding the appeal was provided to all property owners within a 500' radius of the
Property and published in the Palos Verdes Peninsula News; 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 65962.5(f) (Hazardous Waste and
Substances Statement), the proposed project has been found to be categorically exempt
under the Class 3 categorical exemption (Section 15303); and,
WHEREAS, on June 18, 2019, the City Council held a duly noticed public hearing,
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: The above recitals are hereby incorporated into this Resolution as
set forth herein.
Section 2: The City Council upholds the Director-approved Landslide
Moratorium Exception Permit with modifications to Condition No. 2 and 7 of the
Conditions of Approval, as identified in Exhibit A and Exhibit B, and in connection
therewith makes the following findings based on the all evidence and testimony provide
in the staff report and at the public hearing.
Section 3: This approval allows the Applicant to submit the appropriate
development applications to the Planning Division to consider the construction of a new
two-story single family residence, garage, and accessory dwelling on the property located
at 6001 Palos Verdes Drive South.
Section 4: The merits of the Appellant's appeal are warranted as described
below.
A. Appeal Reason No. 1: Amend Condition No. 2 to provide clarification that the
condition only applies to third party challenges to City Approvals and does not, as
could be concluded from the broad language currently used, require the applicant
to indemnify the City if the Applicant is the Challenger.
Condition No. 2 of the Director-approved Conditions of Approval is a standard
Condition of Approval that is placed on all City-approved planning entitlements
which generally requires an Applicant to provide indemnification to the City and
its representatives from any and all claims and other actions and proceedings
that challenge the action of, or any permit or approval issued by the City for or
Resolution No. 2019-24
Page 2 of 6
concerning the project.
The Appellant is requesting that Condition No. 2 be amended to provide
clarification that the Condition only applies to third party challenges to City
Approvals and not to require the Appellant to indemnify the City if the Appellant is
the challenger. In response to the appeal, Staff, in collaboration with the City
Attorney, has worked with the Appellant on a revision to the condition language
that addresses the Appellant's request for additional clarification. As a result, the
Appellant has reviewed and accepted the following Staff-recommended amended
language to Condition No. 2 (new language is shown in bold/underline text):
2. The Applicant shall indemnify, protect, defend, and hold harmless, the
City, and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, from any and all claims, demands,
lawsuits, writs of mandamus, and other actions and proceedings (whether
legal, equitable, declaratory, administrative or adjudicatory in nature), and
alternative dispute resolution procedures (including, but not limited to
arbitrations, mediations, and other such procedures) (collectively
"Actions"), brought against the City, and/or any of its officials, officers,
employees, agents, departments, agencies, and instrumentalities thereof,
by persons other than the Applicant, that challenge, attack, or seek to
modify, set aside, void, or annul, the action of, or any permit or approval
issued by, the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof (including actions
approved by the voters of the City), for or concerning the project.
B. Appeal Reason No. 2: Amend Condition No. 7 to provide clarification related to
the future subdivision of the subject property (7a).
The Director-approved Condition of Approval No. 7 requires the Appellant to
comply with all Exception Category "T" provisions as set forth in RPVMC §
17.20.040(T). These provisions include the recording of a covenant on the subject
property, prior to development, in a form approved by the City Attorney, running
with the land and enforceable by the City, which addresses the following:
a. Prohibiting future subdivision of said property,
b. Acknowledging that the City makes no representation as to the suitability of the
land for development and assuming risk, and
c. Providing for trial dedication.
With regards to Condition No. 7(a), the Appellant is requesting that the Condition
be amended to indicate that the restriction on a future subdivision of the subject
property applies to only the portion of the property that is within the City's
Landslide Moratorium Area (LMA) and not the area of the property that is outside
of the LMA.
On April 9, 2019, Staff issued a revised Staff Report and Notice of Decision,
which eliminated requirements for the processing of subdivision proposals on the
non-LMA portion of the property. Staffs revisions were based on the Appellant's
Resolution No. 2019-24
Page 3 of 6
request to address his concerns with Condition No. 7(a) and made in part to
clarify that the subdivision prohibition applies to property located with the LMA,
which was provided during the October 16, 2018 City Council meeting, in which
the City Council considered a Code Amendment to Exception Category 'T' (Case
No. PLC2018-0001). It was Staff's opinion that the revisions to the Staff Report
and the Notice of Decision, along with the clarification provided at the October
16, 2018 City Council meeting collectively addressed the Appellant's concerns.
In response to the appeal, Staff has worked with the Appellant on a revision to
the condition language that addresses the Appellant's request for additional
clarification related to Condition No. 7. As a result, the Appellant has reviewed
and accepted the following Staff-recommended amended language to Condition
No. 7 (new language is shown in bold/underline text and deleted language is
shown in ):
7. The Applicant shall be required to comply with all Exception Category 'T'
provisions as set forth In RPVMC § 15.20.040 (T) (Exceptions), including
but not limited to the recording of a covenant on the subject property, prior
to development, in a form approved by the City Attorney running with the
land and enforceable by City:
a. Prohibiting future subdivision of the area easterly of the Moratorium Line
approved March 9, 2011, as shown on the attached Site Plan
b. Acknowledging that the City makes no representation as to the suitability of
the land for development and assuming risk, and
c. Providing for trail dedication (portion connecting the Three Sisters Reserve
and the Filiorum Reserve).
Section 6: The merits of the Appellant's appeal are not warranted as described below.
A. Appeal Reason No. 2: Amend Condition No. 7 to provide clarification related to the
trail dedication (7c).
The Appellant is requesting clarification related to the required trail dedication,
including delineation of the trial location on a map or exhibit and the designation
of the trail as the "Jack's Hat" trail. The Appellant is requesting this clarification to
ensure that future trail alignment does not impact developable building area of
the project site.
As part of Staff's revision to the April 8th Staff Report and Notice of Decision,
Staff included clarifying language under Condition No. 7(c), which describes the
location of the trail as the portion connecting the Three Sisters Reserve and the
Filiorum Reserve. Staff is the opinion that further clarification to Condition No.
7(c) is not warranted aside from what was previously amended on April 8, 2019.
More specifically, the City Council directed, during their January 19, 2016 City
Resolution No. 2019-24
Page 4 of 6
Council meeting on the adoption of Exception Category 'T', that such trail
alignment and designation would be vetted through a public input process prior to
the submittal of a development application. Furthermore, the current Exception
Category 'T' language includes provisions which ensures that the trail alignment
be made by agreement between the City and the Appellant and that it not impact
developable building area of the project site (emphasis added). Staff believes
that the codified language under Exception Category "T" clearly states that the
alignment of the trail will not impact the developable building area of the project
site. In other words, it would not be reasonable to require a trail through the
middle of the property. Thus, Staff does not believe any further modifications to
Condition No. 7(c) is warranted or that the general location should be delineated
at this time without coordinating in the field with the various interested parties.
That said, Staff is prepared to begin the trail alignment determination and
easement dedication process pending the determination of this LME appeal and
submittal of development applications associated with the property. This would
involve coordination with the Appellant/Applicant and other interested parties
including the Palos Verdes Peninsula Land Conservancy (PVPLC) to ensure the
identified trail connection is physically feasible.
B. Appeal Reason No. 3: Objection to the land dedication called for by the City's
Natural Communities Conservation Plan/ Habitat Conservation Plan.
The Director-approved April 9, 2019 Staff Report regarding the LME permit
includes a section that discusses the City's Natural Communities Conservation
Plan/ Habitat Conservation Plan (NCCP/HCP) and its applicability to the
requested LME permit application. The report informs the Appellant that in the
event that the Applicant submits development applications associated with the
development contemplated by the LME permit, a Condition of Approval will be
included in the Planning Division approvals requiring the landowner to dedicate
40-acres with a 300' wide wildlife corridor to the City's Preserve prior to the any
grading or building permits being issued by the City.
The Appellant requests that the City Council direct the Director of Community
Development to cease calling for the 40-acre dedication for 'any project' on the
project site. The appeal of the LME permit on this case is premature because the
Conditions of Approval for the LME do not include a requirement for the land
dedication. The dedication is not required for the LME permit and has not been
imposed as part of the approval of the LME permit. The dedication will only be
required if and when the Appellant submits applications for other development
approvals required for the actual development of the project contemplated by the
LME and those applications are approved. The City is not requiring the
dedication at this time and staff included reference to the dedication requirement
in the conditions for the LME only as a means of giving notice the dedication
requirement was not being waived by its not being included in the condition for
the LME. If and when the dedication requirement is actually imposed as a
condition of approval of Planning Division, the Appellant then may appeal the
condition if he desires to do so.
Resolution No. 2019-24
Page 5 of 6
Section 7: 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 65962.5(f) (Hazardous Waste
and Substances Statement), the approval of the Landslide Moratorium Exception Permit
will not have a significant effect on the environment and, therefore, the project has been
found to be Categorically Exempt (Section 15303(e)).
Section 8: The City Clerk shall certify to the passage, approval, and adoption
of this Resolution, and shall cause this Resolution and her certification to be entered in
the Book of Resolutions of the City Council.
Section 9: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and/or Section 21167 of the California Public Resources Code.
PASSED, APPROVED and ADOPTED this 18th day of June 2019.
/��
ayor
ATTEST:
-€31C i y 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, do hereby certify that
the above Resolution No. 2019-24, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on June 18, 2019.
Ci y Clerk
Resolution No. 2019-24
Page 6 of 6
RESOLUTION NO. 2019-24
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
LANDSLIDE MORATORIUM EXCEPTION PERMIT
PLANNING CASE NO. PLME2018-0004
(6001 PALOS VERDES DRIVE SOUTH)
General Conditions
1. The Applicant and the property owner shall submit to the City a statement, in
writing, that they have read, understand and agree to all conditions of approval
listed below. Failure to provide said written statement within ninety (90) days
following the date of this approval or prior to development application submittal to
the Planning Division shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolution procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, by persons other than the Applicant, that challenge,
attack, or seek to modify, set aside, void, or annul, the action of, or any permit or
approval issued by, the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof (including actions approved
by the voters of the City), for or concerning the project.
3. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning or building regulations, or any Federal, State, County and/or
City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
4. Pursuant to Section 17.78.040 of the RPVMC, the Director of Community
Development is authorized to make minor modifications to the approved plans and
any of the Conditions of Approval if such modifications will achieve substantially
the same results as would strict compliance with the approved plans and
conditions. Substantial changes to the project shall be considered a revision and
require approval by the final body that approved the original project, which may
require new and separate environmental review and public notification.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the RPVMC or administrative citations as
described in Section 1.16 of the RPVMC.
6. If the Applicant has not submitted development applications to the Planning
Division for the approved Landslide Moratorium Exception Permit within 180 days
of the final effective date of this Notice of Decision, said approval shall expire and
be of no further effect unless, prior to expiration, a written request for extension is
filed with the Community Development Department and approved by the Director.
7. The Applicant shall be required to comply with all Exception Category'T' provisions
as set forth in RPVMC § 15.20.040 (T) (Exceptions), including but not limited to
the recording of a covenant on the subject property, prior to development, in a form
approved by the City Attorney running with the land and enforceable by City:
a. Prohibiting future subdivision of said property of the area easterly of the
Moratorium Line approved March 9, 2011, as shown in the attached Site Plan.
b. Acknowledging that the City makes no representation as to the suitability of the
land for development and assuming risk, and
c. Providing for trail dedication (portion of connecting the Three Sisters Reserve
and the Filiorum Reserve).
RPVMC §15.20.050 Landslide Mitigation Measures
8. If lot drainage deficiencies are identified by the Director of Public Works, all such
deficiencies shall be corrected by the Applicant.
9. If the project involves additional plumbing fixtures, or additions of habitable space
which exceed 200 square feet, or could be used as a new bedroom, bathroom,
laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer
system, septic systems shall be replaced with approved holding tank systems in
which to dispose of on-site waste water. The capacity of the required holding tank
system shall be subject to the review and approval of the city's building official. For
the purposes of this subsection, the addition of a sink to an existing bathroom,
kitchen or laundry room shall not be construed to be an additional plumbing fixture.
For those projects which involve additions of less than 200 square feet in total area
and which are not to be used as a new bedroom, bathroom, laundry room or
kitchen, the applicant shall submit for recordation a covenant specifically agreeing
that the addition of the habitable space will not be used for those purposes. Such
covenant shall be submitted to the director for recordation prior to the issuance of
a building permit. For lots or parcels which are to be served by a sanitary sewer
system on or after the effective date of the ordinance codified in this section (July
6, 2000), additional plumbing fixtures may be permitted and the requirement for a
holding tank may be waived, provided that the lot or parcel is to be connected to
the sanitary sewer system. If a sanitary sewer system is approved and/or under
construction but is not yet operational at the time that a project requiring a landslide
moratorium exception permit is approved, the requirement for a holding tank may
be waived, provided that the lot or parcel is required to be connected to the sanitary
sewer system pursuant to RPVMC § 15.20.110 (Required Connection to
Operational Sanitary Sewer System), or by an agreement or condition of project
approval.
10. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, roof runoff from
all buildings and structures on the site shall be contained and directed to the streets
or an approved drainage course as deemed acceptable by the City's Engineer.
Resolution No. 2019-24
Exhibit A
Page 2 of 3
11. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, if required by
the City's Geologist, the Applicant shall submit a soils report, and/or a geotechnical
report, for the review and approval of the City Geotechnical Engineer.
12. If the lot or parcel is not served by a sanitary sewer system, the Applicant shall
submit 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 prior to the issuance of a building permit.
13. If the lot or parcel is not served by a sanitary sewer system, the applicant shall
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, as well as any
other easement required by the city to mitigate landslide conditions. Such covenant
shall be submitted to the director prior to the issuance of a building permit.
14. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, the Applicant
shall submit 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 Director pursuant to the
terms of RPVMC §15.20.
15. All landscaping irrigation systems shall be part of a water management system
approved the Director of Public Works. Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden.
16. If the lot or parcel is served by a sanitary sewer system, the sewer lateral that
serves the Applicant's property shall be inspected to verify that there are no
cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral
shall be repaired or reconstructed to eliminate them, prior to the issuance of any
building or grading permit for the project that is being approved pursuant to the
issuance of this Landslide Moratorium Exception permit.
17. The property owner shall be responsible for the installation and maintenance of
their sanitary sewer system including their sanitary sewage lateral, any sanitary
sewage lifting systems and the electricity required to power the system, and all
underground pipes associated with their sanitary sewage system under and
adjacent to their development, and the associated fixtures within the property.
18. All other necessary permits and approvals required pursuant to this Code or any
other applicable statute, law or ordinance shall be obtained.
Resolution No. 2019-24
Exhibit A
Page 3 of 3
RESOLUTION NO. 2019-24
EXHIBIT 'B'
CONDITIONS OF APPROVAL FOR
LANDSLIDE MORATORIUM EXCEPTION PERMIT
PLANNING CASE NO. PLME2018-0004
(6001 PALOS VERDES DRIVE SOUTH)
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Resolution No. 2019-24
Exhibit B
Page 1 of 1