CC SR 20190618 02 - Landslide Moratorium Exception Appeal 6001 PVDS
PUBLIC HEARING - APPEAL
Date: June 18, 2018
Subject: Consideration and possible action to consider an appeal of the Director-approved
Landslide Moratorium Exception Permit on property located at 6001 Palos Verdes
Drive South (Case No.PLME2018-0004)
Recommendation:
Adopt Resolution No. 2019-__; 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 single family
residence, garage, and accessory dwelling unit with modifications to Condition No. 2 and 7 of
the Conditions of Approval on the property at 6001 Palos Verdes Drive South.
Subject Property/Location: 6001 Palos Verdes Drive South
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Duhovic
3. Request for Staff Report: Mayor Duhovic
4. Staff Report & Recommendation: Octavio Silva, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Public Testimony:
Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the
applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be
allowed ten minutes to make a presentation.
A. Appellant/Applicant: Jim York
i. Mayor Duhovic invites the Appellant to speak. (10 mins.)
B. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Rebuttal: Mayor Duhovic invites brief rebuttals by Appellant and Applicant. (3 mins)
Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have
spoken.
8. Council Questions of Appellant (factual and without bias):
9. Council Questions of Applicant (factual and without bias):
10. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Duhovic
11. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify
matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will
then debate and/or make motions on the matter.
12. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter;
reopen the hearing for additional testimony; continue the matter to a later date for a decision.
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/18/2019
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to consider an appeal of the Director-approved
Landslide Moratorium Exception Permit on property located at 6001 Palos Verdes Drive
South (Case No.PLME2018-0004).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2019-__; 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 single family residence, garage, and accessory dwelling unit
with modifications to Condition No. 2 and 7 of the Conditions of Approval on the
property at 6001 Palos Verdes Drive South.
FISCAL IMPACT: The Appellant (also the Applicant) paid the $2,275 appeal fee. If the
City Council grants the appeal, the entire $2,275 appeal fee will be refunded to
Appellant. If an appeal results in a modification to the project, other than changes
specifically requested in the appeal, half of the appeal fee ($1,137.50) shall be refunded
to Appellant. If the City Council denies the appeal, the Appellant will not be refunded
any of the appeal fee.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Senior Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Wilmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2019-___ (page A-1)
B. Appeal letter (page B-1)
C. Notice of Decision, dated April 8, 2019 (page C-1)
D. Staff Report, dated April 8, 2019 (page D-1)
E. Revised Notice of Decision, dated April 9, 2019 (page E-1)
F. Updated Staff Report, dated April 9, 2019 (page F-1)
G. Public comments (page G-1)
H. Project plans (page H-1)
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BACKGROUND AND DISCUSSION:
Point View Property
The project site, commonly referred to as the Point View property, is comprised of 94
acres, consisting of largely undeveloped hillside terrain that ranges from areas that are
generally flat to areas with slopes in excess of 35%. The property is zoned Single-
Family Residential, with approximately 86 acres of the Point View property located
within the RS-1 zoning district, and eight acres located within the RS-2 zoning district.
Approximately 46.82 acres of the Point View property are located outside the City’s
Landslide Moratorium Area (LMA) and approximately 48.18 acres of the property are
located within the City’s LMA. The City’s Landslide Moratorium prohibits the filing,
processing and approval of building, grading and other land use permits within the LMA.
However, Rancho Palos Verdes Municipal Code (RPVMC) § 15.20.040 establishes
exceptions to the Landslide Moratorium provided that sufficient evidence demonstrates
that proposed improvements on certain properties will not aggravate the landsl ide and a
Landslide Moratorium Exception (LME) Permit is approved. The LMA portion of the
property has been improved with non-habitable structures, including but not limited to,
storage barns and sheds through the issuance of LME permits related to different
Exception Categories.
In August 2004, the City Council adopted the Draft Natural Communities Conservation
Plan/Habitat Conservation Plan (NCCP/HCP), certified the related Environmental
Impact Report (EIR) and approved the draft implementing agreement, which set the
legal responsibilities of all involved parties for implementation of the plan. The purpose
of these plans is to identify and provide for area -wide protection of natural wildlife
diversity, while allowing for compatible and appropria te development and growth. At that
time, the Point View property was identified as a NCCP/HCCP participating property.
In June 2006, a Landslide Moratorium Exclusion Permit (Case No. ZON2006 -00314)
was filed with the Planning Division requesting the subdivision of the property into 40, 1-
acre lots to be developed with residential units. The Planning Division issued an
incomplete letter on July 12, 2006, as the application was missing required information
regarding the proposed project. The requested application was ultimately withdrawn by
the Applicant on May 13, 2008.
In January 2013, the City’s Planning Commission approved a Mitigated Negative
Declaration and a Conditional Use Permit (CUP) for the Point View Master Use Plan.
The CUP allows for a combination of land uses throughout the Point View property
including 25.5 acres of agricultural uses, a golf course, a paved internal driveway and
site improvements to host up to 30 public and private events per year at the Event
Garden. The Event Garden is located in what was identified in the 2004 City Council-
accepted NCCP/HCP as the 40-acre wildlife corridor.
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Since that time, a number of Annual Compliance Reviews related to the CUP operation
have been conducted by the Planning Commission to provide the City and the public an
opportunity to review operations on the property and to make necessary adjustment s to
the Conditions of Approval in order to better address unanticipated impacts. In addi tion,
the Director of Community Development has approved Special Use Permits pursuant to
the Point View Master Use Plan, including but not limited to the temporary placement of
a caretaker’s unit on the property and various large-scale events and Las Candalistas
fundraisers held at the Event Garden. In 2017, the Director of Community Development
also approved an Exotic Animal Permit and Site Plan review to allow the keeping of
hens and associated improvements on the property.
Most recently, in December 2018, a Division of Land application was submitted for a
proposed Vesting Tentative Tract Map (Case No. PLTM2018-0001) requesting to
subdivide the property into 50 lots, of which 37 lots located in the non-LMA portion of
the property would be improved with residential units through a Residential Planned
Development. The requested Subdivision application also proposes the creation of one
“Estate Lot” that would be developed for residential use in the LMA portion of the
property. The Division of Land application and accompanying plans for the Tract Map
are being reviewed for completeness. On May 9, 2019, Staff issued the most recent
incomplete letter, due to missing information and/or inconsistencies between the project
plans and submitted application.
Landslide Moratorium Exception Permit
On November 19, 2018, the Planning Division received an LME permit application
(Case No. PLME2018-0004) requesting approval to submit planning applications for the
proposed construction of a two-story residence, garage and accessory dwelling unit on
the LMA portion of the Point View property pursuant to Exception Category T , as shown
in the site plan below:
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Pursuant to Section 15.20.040(T) of the RPVMC, Exception Category T states the
following:
T. The construction of residential buildings, accessory structures, and grading
totaling less than 1,000 cubic yards of combined cut and fill, and including no
more than 50 cubic yards of imported fill material on the two lots in Zone 1 of the
"landslide moratorium area" as outlined in yellow on the landslide moratorium
map on file in the director's office; provided, that a landslide moratorium
exception permit is approved by the director, and provided that the project
complies with the criteria set forth in section 15.20.050 (Landslide Mitigation
Measures Required) of this chapter. Residential buildings and accessory
structures, excluding the square footage of non-habitable accessory structures
permitted through exception categories 'I' and 'S' of Section 15.20.040
(Exceptions) of the city's municipal code, shall not exceed a maximum combined
total of up to 8,000 square feet (habitable and non-habitable area), including
garages and shall be limited to a maximum of 25 percent lot coverage with
proper setbacks from adjacent properties as determined through the
neighborhood compatibility analysis pursuant to Section 17.02.030(B) of the city's
municipal code and the city's neighborhood compatibility handbook. A main
residence shall not exceed two stories and shall not exceed a maximum height of
26 feet, through the approval of a height variation permit, pursuant to Section
17.02.040 (View Preservation and Restoration) of the city's municipal code for
any portion of the structure exceeding 16 feet in height and as defined by t he
zoning code for pad lots. Horse keeping is permitted up to a maximum of four
horses per lot. Such projects shall qualify for a landslide moratorium exception
permit only if all applicable requirements of this code are satisfied, and the parcel
is served by a sanitary sewer system. Those who take advantage of this
exception category shall, prior to development, record a covenant on the subject
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property in a form approved by the city attorney running with the land and
enforceable by city (i) prohibiting future subdivision of said property, (ii)
acknowledging that the city makes no representation as to the suitability of the
land for development and assuming risk, and (iii) providing for trail dedication.
The property owner will work with the director to find a mutually agreeable trail
alignment for connectivity to the city's trail system which is vetted with trail groups
and does not impact the developable building site(s). Prior to issuance of a
landslide moratorium exception permit, the applicant shall submit to the director
any geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed
project will not aggravate the existing situation.
On January 9, 2019, the City’s geologist issued a conceptual approval from a
geotechnical perspective and on February 7, 2019, the proposed project was deemed
complete for processing of the LME permit application.
On April 8, 2019, the Director of Community Development (Director) issued a Notice of
Decision (Attachment C) and corresponding Staff Report (Attachment D), conditionally
approving the LME permit. Immediately after the Notice of Decision was issued, the
Applicant requested that Condition No. 7 of the project Conditions of Approval be further
clarified with respect to the future subdivision of project site and trail easement
dedication. In response, on April 9, 2019, the Director issued a Revised Notice of
Decision (Attachment E) and updated Staff Report (Attachment F) clarifying
requirements established under the Conditions of Approval. Specifically, the differences
between the April 8 and April 9 Notices of Decision and Staff Reports are as follows:
Clarifying language was added to Condition No. 7(c) describing the location of
the trail dedication as the portion connecting the Three Sisters Reserve and the
Filiorum Reserve.
Condition No. 8 was removed from the April 8 version of the Conditions of
Approval, which included application requirements related to the future
subdivision of the non-LMA portion of the property.
The April 8 version of the Staff Report was revised to remove requirements for
the processing of subdivision proposals on the non-LMA portion of the property.
It is important to note that approval of the LME permit would not constitute approval of
the proposed improvements, but simply allows the Applicant to proceed with the next
step in the process and submit the appropriate development applications to the
Planning Division for consideration.
On April 17, 2019, a timely appeal of the Director’s LME permit approval was filed by
the Appellant (Jim York) (Attachment B). On May 23, 2019, a public notice announcing
the appeal application and public hearing was sent to property owners within a 500-foot
radius of the subject site and published in the Peninsula News. Staff received two
written public comments in response to the public notice, which are discussed in detail
under the “Additional Information” section below.
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The appeal focuses on the following three specific aspects of the Director-approved
LME (appeal reasons are shown in bold and Staff’s responses are in regular text):
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. The condition
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 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 (proposed 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.
Appeal Reason No. 2: Amend Condition No. 7 to provide clarification related to
the future subdivision of the subject property (7a) and trail dedication (7c).
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
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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 trail dedication.
The Appellant is requesting that Condition No. 7(a) & (c) be amended to provide further
clarification as to the requirements of the condition. W ith regard 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 prope rty
that is within the City’s LMA and not the area of the property that is outside of the LMA.
As previously discussed, 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. Staff’s revisions were based on the
Appellant’s request to address his concerns with Condition No. 7(a) and made in part to
clarify that the subdivision prohibition applies to property located within 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 City Council me eting
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 (proposed
language is shown in bold/underline text and deleted language is shown in
strikethrough):
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 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 trail dedication (portion connecting the Three Sisters Reserve
and the Filiorum Reserve).
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With regard to Condition No. 7(c), 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 8 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 of the opinion that further clarification to Condition No. 7(c) is not warranted
aside from what was previously amended on April 8. More specifically, the City Council
directed, during its January 19, 2016 City 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 ensure 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) are
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 ap plications 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.
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-foot-wide wildlife corridor to the
City’s Preserve prior to 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. It is Staff’s opinion that 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
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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 that 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 permits, the Appellant
then may appeal the condition if he desires to do so.
ADDITIONAL INFORMATION:
Quasi-Judicial Appeal Review
Pursuant to RPVMC Section 17.80.070(F) (De Novo Review), the City Council appeal
hearing is not limited to consideration of the materials presented to the Director of
Community Development. Any matter or evidence relating to the action on the
application, regardless of the specific issue appealed, may be reviewed by the City
Council at the appeal hearing.
Public Comments
On May 23, 2019, a public notice was mailed to owners of property within a 500 -foot
radius of the project site and published in the Peninsula News. Staff received two public
comments (Attachment G), which expressed concerns with the proposed residential
development as it relates to potential geological and hydrological impacts in the area.
As discussed the “Background and Discussion” section of this report, the City’s
geologist reviewed the residential development associated with the requested LME
permit and issued a conceptual approval from a geotechnical perspective. With regard
to sewer availability, the Property has an existing sanitary sewer connection.
Furthermore, when and if development applications are submitted to the City and are
approved, the proposed development would be required to comply with all applicable
Building Code requirements in effect at that time, including, but not limited to, the review
and approval of a drainage plan.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Modify the Appeal and direct Staff to return to the City Council with a
revised Resolution at the July 16, 2019, City Council Meeting.
2. Deny the Appeal and uphold the Director of Community Development’s
approval without modifying any of the Conditions of Approval.
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3. Identify any issues of concern with the proposed project, provide Staff
and/or the Applicant with direction in modifying the project, and continue
the public hearing to a date certain.
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RESOLUTION NO. 2019-__
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
APPRORIATE 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
A-1
Resolution No. 2019-__
Page 2 of 12
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 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
A-2
Resolution No. 2019-__
Page 3 of 12
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
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,
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Resolution No. 2019-__
Page 4 of 12
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. Staff’s revisions were based on the Appellant’s
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 strikethrough):
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 th e 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 Si te Plan 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 trail dedication (portion connecting the Three Sisters Reserve
and the Filiorum Reserve).
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Resolution No. 2019-__
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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 J anuary 19, 2016 City
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 othe r 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
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Resolution No. 2019-__
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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.
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.
A-6
Resolution No. 2019-__
Page 7 of 12
PASSED, APPROVED and ADOPTED this 18th day of June 2019.
_________________________________
Jerry Duhovic, Mayor
ATTEST:
____________________________
Emily Colborn, City 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-__, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on June 18, 2019.
__________________________________
CITY CLERK
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Resolution No. 2019-__
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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.
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Resolution No. 2019-__
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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 e xpire 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:
d. 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.
e. Acknowledging that the City makes no representation as to the suitability of the
land for development and assuming risk, and
f. 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 t hose 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 th is 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 un der
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 sanit ary
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Resolution No. 2019-__
Page 10 of 12
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.
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 participa te 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 syste m, 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 iss uance 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
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Resolution No. 2019-__
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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.
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Resolution No. 2019-__
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EXHIBIT 'B'
CONDITIONS OF APPROVAL FOR
LANDSLIDE MORATORIUM EXCEPTION PERMIT
PLANNING CASE NO. PLME2018-0004
(6001 PALOS VERDES DRIVE SOUTH)
A-12
·:
York Point View Properties, LLC
P.O. Box 2649
Palos Verdes Peninsula, CA 90274
April 'l20 19
Mayor Jerry V. Duhovic and City Council
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275-5391
RECEIVED
APR 1 7 2019
COMMUNITY DEV ELO PMENT
D EPA RTME NT
RE: POINT VIEW -Appeal of Landslide Moratorium Exception Permit (PLME20 J 8-0004)
Dear Mayor Duhovic and City Council:
Pursuant to the provisions of Chapter 15.20.070 (Appeals-Moratorium on Land Use Permits) of
the City's Municipal Code, York Point View Properties, LLC formally appeals the April81h (revised
April 9th) decision approving our application tor a Lands lide Moratorium Exception Permit
( P LM E20 18-0004).
While we are pleased that the Director of Community Development approved our LME
application, certain conditions of approval are so onerous we cannot agree to the decision.
Hoping to obviate the need t o file this appeal, we tried working with Plan ning Staff to modify
these conditions. We contacted Planning Staff to discuss our areas of concern immediately
upon receipt of the initial April 8th decision. The result of our correspondence with Staff yielded a
"revised" decision on April 9th that, unfortunately, did not resolve our concerns.
Below, we c ite the specific conditions of approval that are objectionable and present our
preliminary arguments in opposition to these onerous conditions. We will provide more extensive
appeal justification at the appeal hearing.
• Condition 2: "The Applicant shall indemnify, protect, defend and hold harmless the
City .... for or concerning the project." ·
We need this condition clarified that it only applies to third party challenges to City
approvals and does not, as could be concluded from the broad language currently
used, require applicant to indemnify the City if the applicant is the challenger.
• Condition 7a and 7c: "The applicant shall be required to comply with all Exception
Category "T" provisions as set forth in RPVMC Section 15.20040 )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 th e City:
a. Prohibiting future subdivisio n of said property,
B-1
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)."
Condition 7a: A blanket prohibition on "future subdivision of said property" is
unacceptable. The term "property" is undefined, vague, and ambiguous. The City
Council clarified d uring its October 16, 2018 Council Meeting that the prohibition applies
only to property located wit hin the Landslide Moratorium Area. This oral
acknowledgment and interpretation by City Council must be written into Condition 7a of
the Permit to prevent misunderstandings in the future and to provide certainty f or the
property owner. By doing so, the Permit will acknowledge the City Council's intent that
the prohibition does not apply to the approximately 46.82 acres of the Point View
Property that are located outside the Landslide Moratorium Area.
Condition 7c. This has been a topic of discussion for years. While we reluctantly agree to
the concept of d e dicating an easement based on the City's obligation to maintain the
trail and State law immunizing the landowner from liability from recreational users
technical issues remain that need to be resolved before we will agree with the
dedication. First, the trai l easement needs to be accurately delineated on a map or
exhibit that specific ally defines the limits and alignment of the easement. In addition. the
terminology needs to be consistent with recognized trail plans and documents. It needs
to be designated as the "Jacks Hat" trail. which is north of the northern fe nce on the
p roperty. We can provide key background documents, as requested.
• Land Dedication: Although not a condition o f the LME approval. the Apri l 81h (and 91h )
Staff Report from Senior Planner Silva to Director Mihranian re fe rs to the Rancho Pa los
Verdes Natural Communities Conservation Plan/Habitat Conservation Pla n (NCCP /HCP)
and states "as a condition of approval for any development project approved for the
project site. t he landowner is required t o d edicate a m inimum of 40 a c res ... and a non-
agricultural 300' wide functional wildlife corridor. .. ". We continue to object to any such
anticipated condition of approval. As we have explained numerous times and in other
venues, thi s require ment is improper on its face because the NCCP /HCP makes no effort
to j ustify this arbitrary number of acres for "any development," while the remainder of the
NCCP/H CP carefull y applies ra t ios of habitat disturbed to justify habitat required to be
preserved. The NCCP /HCP itself shows that the arbitrary 40-acre demand is, among
other things, an ill egal and unconstitutional "taking" of our property. Whi le the City
Council approved an application to the state and federa l regulators f o r an HCP /NCCP
w ith this same language, the City has now revealed that its interpretation of the
language is as unconscionable as f eared. Literally, for the minor (and not yet quantified)
habitat disturbance caused by a single home, the City will demand dedication of 40 -
acres of land. On its face this is unj ustifiable, and the City Council should remove this
threat. The City shou ld instead adhere to it s own proposed standards and ratios in the
HCP /NCCP currently pending before the state and federal agencies, which relies on a
nexus between the habitat disturbed and the habitat to be protected.
We respe c t fully request that the City Council grant this appeal for Exception Permit (PLM E20 18-0004)
and direct the Community Deve lopme nt Director to issue a further Revised Notice of Decision
approving the LM E permit, including revisions t o conditions 2, 7a and 7c as discussed above.
Moreover. we respectfully request that the City Council d irect t he Community Development
Director cease c alling for the dedication of 40 acres for "any project" on the Point View property.
2
B-2
We are prepared to provide f o r any legitimate habitat mitigation based on established mitigation
ratios, such as those identifi ed in the NCCP /HCP, or other principled scientific rationale required to
o ffset impact s from development on the Point View Property, but we will continue to object to the
arbitrary, illegal, and unconstitutiona140-acre demand referenced in the Staff Report.
I have enclosed an appeal fee of $2,275 .00. We look forward to working with you and your staf f to
resolve our concerns. Please call me at 310-544-6177 if you have questions or concern s re garding
thi s appeal.
CC : RP V City Council members
RPV Planning Commission mem bers
Ara Mihranian
Octavio Silva
Andrew Sabey
Scott Birkey
Gary Weber
Doug Wilmore , C ity Manager
e~
James York , Managing Member
York Point View Properties, LLC
3
B-3
Date Paid: Wednesday, April17, 2019
Paid By: York Point View Properties Lie
Cashier: CMAT
Pay Method: CHECK 2396
Printed: Wednesday, April 17, 2019 11:47 A M 1 of 1 1 • T1WGT B-4
April 8, 2019
CITY OF f<ANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
NOTICE OF DECISION
NOTICE IS HEREBY GIVEN that the Director of Community Development of the City of Rancho
Palos Verdes has approved, with conditions, a 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 single-family residence, garage and an accessory
dwelling unit on the property located at 6001 Palos Verdes Drive South, subject to Conditions of
Approval (Case No . PLME2018-0004).
LOCATION: 6001 Palos Verdes Drive South
APPLICANT: Jim York
LANDOWNER: York Point View Properties
Said decision is subject to the following Conditions of Approval:
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, 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
30940 1\i>,Wlll• li~NE: Bl llJI.EVAkD I r~ANC :11( l I' AI< IS VEI\DES I :A 90275-5:'191 I C310l 544-5228 I FAX \310l 544-529::1 Wv\'W l~fJVCAGOV
0 Pr~INTED ON RECYCLED PAPEr~ C-1
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,
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.
8. In the event that the landowner intends to take immediate advantage of Exception
Category 'T', prior to submitting planning applications to the Planning Division for this LME,
the landowner shall be required to either:
a. Seek a modification of existing Exception Category 'T' code language through the
City's Code Amendment process to allow a subdivision;
b. Subdivide the property so that the portion of the property located outside the LMA is a
separate legal lot; or,
c. Withdraw the subdivision application (PL TM2018-0001 ).
RPVMC § 15 .20 .050 Landslide Mitigation Measures
9 . If lot drainage deficiencies are identified by the Director of Public Works, all such
deficiencies shall be corrected by the Applicant.
10 . 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
C-2
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.
11 . 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.
12 . 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.
13 . 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.
14 . 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.
15. 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.
16 . 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.
17 . 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.
18 . 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,
C-3
and the associated fixtures within the property .
19 . All other necessary permits and approvals required pursuant to this Code or any other
applicable statute , law or ordinance shall be obtained.
This decision may be appealed, in writing, to the Planning Commission . The appeal shall set forth
the grounds for appeal and any specific action being requested by the appellant. Any appeal letter
must be filed within fifteen (15) calendar days of the date of this notice , or by 5:30PM on Tuesday ,
April 23, 2019 . A $2,275 .00 appeal fee must accompany any appeal letter. If no appeal is filed
timely, the Director's decision will be final at 5:30PM on Tuesday, April 23, 2019.
If you have any questions regarding this application, please contact Octavio Silva at (31 0) 544-
5234 or via email at octav ios@ r pvca .gov for further information .
Ara Mihranian ,
Director of Community Development
Cc : Applicant
Landowner
Interested Parties
C-4
CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
ARA MIHRANIAN, DIRECTOR OF COMMUNITY
DEVELOPMENT
OCTAVIO SILVA, SENIOR PLANNER
APRIL 8, 2019
LANDSLIDE MORATORIUM EXCEPTION PERMIT (CASE NO.
PLME2018-0004) FOR PROPERTY LOCATED AT 6001 PALOS
VERDES DRIVE SOUTH (Applicant-Jim York, Property Owner
-York Point View Properties, LLC)
RECOMMENDATION
Approve a 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 single-family residence, garage and accessory dwelling
unit.
BACKGROUND
On November 19, 2018, the Applicant, Jim York, submitted a Landslide Moratorium
Exception (LME) Permit requesting approval to submit planning applications for the
proposed construction of a two-story single-family residence, garage and accessory
dwelling unit on a property commonly referred to as the Point View Property.
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
Applicant'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 is April 8, 2019.
SITE DESCRIPTION
The project site is comprised of a total of approximately 95-acres, consisting of largely
undeveloped hillside terrain that ranges from areas that are generally flat to areas with
slopes in excess of 35%. The property is zoned Single-Family Residential, with
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Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 2 of 9
approximately 86-acres of the Point View Property located within the RS-1 zoning district
and 8 acres located within the RS-2 zoning district. Additionally, approximately 46.82-
acres of the property are located outside the City's Landslide Moratorium Area (LMA) and
approximately 48.18-acres of the property are located within Zone 1 of the City's LMA.
On January 8, 2013, the Planning Commission adopted P.C . Resolution Nos. 2013-02
and 2013-03, approving a Mitigated Negative Declaration (MND) and a Conditional Use
Permit (CUP) for the Point View Master Use Plan . Through the CUP approval, the project
site has been improved with approximately 5.7-acres of agricultural uses and supporting
structures; a golf course composed of 5 tee locations, 2 greens with 9 holes, and sand
traps; a paved internal driveway; and site improvements, including accessory structures
and a parking lot, to host 30 public or private events per year for an Event Garden. Lastly,
the project site has also been improved with a total of 1,500ft2 of non-habitable structures,
consisting of agricultural equipment storage barns and storage sheds, through Exception
Categories 'I' and 'S' of the City's Landslide Moratorium Ordinance.
PROJECT DESCRIPTION
The proposed LME application requests the City's approval to allow the submittal of the
required planning applications to the Planning Division for consideration of the following
improvements in the RS-2 zoning district of the LMA portion of the project site:
• Construction of a new 7,356ft2 two-story residence, including a 1 ,412ft2 garage.
• Construction of a new 641ft2 single-story detached accessory dwelling unit (also
referred to as a second unit).
CODE CONSIDERATIONS AND ANALYSIS
Landslide Moratorium Exception Permit
The City's established moratorium prohibits the filing, processing, and approval of
building, grading and other land use permits within the designated LMA. However,
Rancho Palos Verdes Municipal Code (RPVMC) § 15.20.040 establishes exceptions to
the Landslide Moratorium provided that sufficient evidence demonstrates that proposed
improvements on certain properties will not aggravate the landslide and a LME Permit is
approved.
Pursuant to RPVMC § 15.20.040(T) (Attached), the moratorium shall not apply to
applications for the construction of residential buildings (maximum 8,000ft2 structure size,
26' height, and 25% lot coverage), accessory structures, and grading totaling less than
1,000 cubic yards of combined cut and fill, and including no more than 50 cubic yards of
imported fill material on two lots located within Zone 1 of the LMA. The two lots within
D-2
Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 3 of 9
Zone 1 of the LMA include the project site and the 29-acre Plum Tree Property.
The total structure size of the proposed improvements (7,997ft2 ) is under the maximum
structure size of 8,000ft2 that is permitted under Exception Category 'T'. The proposed
structure height of 26' may be allowed with an approval of a Height Variation application.
No grading is proposed as part of the application request. Furthermore, mitigation
measures set forth in RPVMC § 15 .20 .050 have been added as Conditions of Approval
to Exhibit "A" to ensure compliance with Exception Category 'T' requirements. Lastly, the
Applicant's geotechnical report demonstrates, to the City Geologist's satisfaction, that the
proposed project will not cause an adverse impact on the stability of the landslide or
adjacent structures. Therefore, Staff recommends that the Director conditionally approve
the LME permit.
Approval of the LME permit would not constitute approval of the proposed improvements,
but simply allows the Applicant to proceed with the next step and submit the appropriate
development applications to the Planning Division for consideration. Based on the current
proposal, the Applicant would be required to submit a Height Variation and Site Plan
Review application for review and processing. Should the Applicant choose to reduce the
overall height, a Height Variation application may not be required. In addition, a Revision
to the Point View Master Use Plan CUP will be required as part of the City's consideration
of the proposed residence and ancillary improvements for modifications of the established
Conditions of Approval of the CUP, including, but not limited to, parking and operational
features of the existing uses on the project site.
ADDITIONAL INFORMATION
Landslide Moratorium Exception Category 'T'
Exception Category 'T' includes a list of requirements that the Applicant would be required
to comply with prior to development of the proposed project. More specifically, Exception
Category 'T' requires that the Applicant record a covenant on the subject property, in a
form approved by the City Attorney, that runs with the land and that is enforceable by the
City, which includes the following provisions:
• Prohibiting the future subdivision of the subject property;
• Acknowledging that the City makes no representation as to the suitability of the
land for development and assuming risk; and
• Providing for a trail dedication .
It should be noted that in December 2018, the Applicant filed an application with the City's
Planning Division for the proposed subdivision of the subject property (PL TM2018-0001 ),
which is currently being reviewed for completeness by City Staff. This application is in
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Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 4 of 9
contrast to the covenant provisions included in Exception Category 'T', which restricts the
subdivision of the subject property, as well as the overall provisions of the Moratorium in
accordance with § 15.20.020 of the RPVMC. In the event that the Applicant intends to
take immediate advantage of Exception Category 'T', the Applicant would be required to:
1. Seek a modification of existing Exception Category 'T' code language through the
City's Code Amendment process to allow for a subdivision;
2. Subdivide the property prior to submitting the planning applications for the LME
permit so that the portion of the property located outside the LMA is a separate
legal lot; or,
3. Withdraw the subdivision application prior to submitting the planning applications
for the LME permit.
California Environmental Quality Act (C EQA)
Staff has determined that the proposed project is Categorically Exempt from the
provisions of the California Environmental Quality Act (CEQA), under Article 19, Section
15303(a) (New Construction) of the California Guidelines for Implementation of the
CEQA. Specifically, the project proposes to construct a new residence in a Single-Family
Residential (RS-2) zoning district.
Natural Communities Conservation Plan I Habitat Con servation Plan (NCCP/HCP)
According to the City Council-approved 2018 NCCP/HCP, as a condition of approval for
any development project approved for the project site, the landowner is required to
dedicate a minimum of 40 acres to the Palos Verdes Nature Preserve (Preserve). This
dedication is to include an unimproved and non-agricultural 300' wide functional wildlife
corridor for the purposes of providing habitat for covered species on the southern edge
of the property connecting to the Abalone Cove portion of the Preserve.
The intent of the 40-acre dedication and 300-foot-wide minimum wildlife corridor required
for this project is to maintain a viable wildlife corridor and live-in habitat through the
Preserve after a proposed project is approved and constructed. Based on a biology report
prepared in 2003, the Point View property was comprised of 70 acres of non-native
grassland, 2.5 acres of CSS, 9.4 acres of disturbed CSS, 6.9 acres of exotic woodland,
and 5.2 acres of disturbed vegetation. The minimum of 40 acres of dedicated Preserve
shall include 1.5 acres to be provided as mitigation for previous brush clearing activities
and 38.5 acres of mitigation for CSS and grassland losses resulting from any future
development of the 95-acre Lower Filiorum parcel.
In the event that the Applicant submits development applications associated with this LME
Permit and approvals obtained by the Planning Division, a Condition of Approval will be
D-4
Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 5 of9
added as part of the approval that will require the landowner to dedicate the required 40-
acres with a 300' wide wildlife corridor to the Preserve prior to any grading or building
permit issuance by the City's Building and Safety Division.
CONCLUSION
Based on the above discussion, Staff believes that the proposed project meets the
requirements of a LME Permit. As such, Staff recommends that the Director of
Community Development approve the LME Permit to allow the Applicant to submit
appropriate planning applications for the proposed project, subject to the Conditions of
Approval contained in the attached Exhibit "A" (PLME2018-0004).
ALTERNATIVES
The following alternatives to Staff's recommendation are available for the Director to
consider:
1. Identify any issues or concerns with the proposed project, and provide the Applicant
with direction in modifying the project (Case No. PLME2018-0004); or
2. Deny, without prejudice, the Landslide Moratorium Exception Permit application (Case
No. PLME2018-0004.
Accepted : Dated : 4 .. 6 ·\~
Ara Mihranian, A
Director of Community Development
ATTACHMENTS
• Exhibit "A" -Conditions of Approval
• Exception Category 'T'
• In-concept Approval by the City Geologist
D-5
Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 6 of9
EXHIBIT "A"
CONDITIONS OF APPROVAL
LANDSLIDE MORATORIUM EXCEPTION PERMIT
(CASE NO. PLME2018-0004)
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, 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
D-6
Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 7 of 9
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,
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.
8 . In the event that the landowner intends to take immediate advantage of Exception
Category 'T', prior to submitting planning applications to the Planning Division for
this LME, the landowner shall be required to either:
a. Seek a modification of existing Exception Category 'T' code language through
the City's Code Amendment process to allow a subdivision;
b. Subdivide the property so that the portion of the property located outside the
LMA is a separate legal lot; or,
c. Withdraw the subdivision application (PL TM2018-0001 ).
RPVMC §15.20.050 Landslide Mitigation Measures
9. If lot drainage deficiencies are identified by the Director of Public Works, all such
deficiencies shall be corrected by the Applicant.
10. 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,
D-7
Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 8 of 9
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.
11. 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.
12 . 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.
13 . 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.
14 . 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.
15. 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.
D-8
Staff Report (Case No. PLME2018-0004)
April 8, 2019
Page 9 of 9
16 . 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.
17. 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.
18 . 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 .
19. All other necessary permits and approvals required pursuant to this Code or any
other applicable statute, law or ordinance shall be obtained.
D-9
Section 15.20.040 (T) of the Rancho Palos Verdes Municipal Code
The construction of residential buildings, accessory structures, and grading totaling less than
1,000 cubic yards of combined cut and fill, and including no more than 50 cubic yards of
imported fill material on the two lots in Zone 1 of the "landslide moratorium area" as outlined in
yellow on the landslide moratorium map on file in the director's office; provided, that a landslide
moratorium exception permit is approved by the director, and provided that the project complies
with the criteria set forth in section 15.20 .050 (Landslide Mitigation Measures Required) of this
chapter . Residential buildings and accessory structures, excluding the square footage of non-
habitable accessory structures permitted through exception categories 'I' and 'S' of Section
15.20.040 (Exceptions) of the city's municipal code, shall not exceed a maximum combined
total of up to 8,000 square feet (habitable and non-habitable area), including garages and shall
be limited to a maximum of 25 percent lot coverage with proper setbacks from adjacent
properties as determined through the neighborhood compatibility analysis pursuant to Section
17.02.030(8) of the city's municipal code and the city's neighborhood compatibility handbook .
A main residence shall not exceed two stories and shall not exceed a maximum height of 26
feet, through the approval of a height variation permit, pursuant to Section 17 02 .040 (View
Preservation and Restoration) of the city's municipal code for any portion of the structure
exceeding 16 feet in height and as defined by the zoning code for pad lots . Horse keeping is
permitted up to a maximum of four horses per lot. Such projects shall qualify for a landslide
moratorium exception permit only if all applicable requirements of this code are satisfied, and
the parcel is served by a sanitary sewer system. Those who take advantage of this exception
category shall, prior to development, record a covenant on the subject property in a form
approved by the city attorney running with the land and enforceable by city (i) prohibiting future
subdivision of said property, (ii) acknowledging that the city makes no representation as to the
suitability of the land for development and assuming risk, and (iii) providing for trail dedication .
The property owner will work with the director to find a mutually agreeable trail alignment for
connectivity to the city's trail system which is vetted with trail groups and does not impact the
developable building site(s). Prior to issuance of a landslide moratorium exception permit, the
applicant shall submit to the director any geological or geotechnical studies reasonably required
by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed
project will not aggravate the existing situation.
D-10
COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENG IN EERS AND GEOLOGISTS CITY OF
CSA Project No. RPV25378 ~~~~-----------
Category: 3 ------------------
CEO It G18-00121
PLAN CHECK# ---------------
GEOLOGIC AND GEOTECHNICAL REPORT REVIEW CHECKLIST
CITY OF RANCHO PALOS VERDES
Date Received: 11-19-2018 ~~~~~------------
Date of Report: 2-14-2018 ----------------------Consultant: LGC Geotechnical, Inc.
Signed By: Brad Zellmer
Kevin B. Colson
Applicant N arne: ~J'-"i:.:.m:.:.Y:.:.o:....:r:.:.k ______________ _
Site Address: 6001 Palos Verdes DriveS.
Rancho Palos Verdes, CA
Date Completed: --=..;12.:..-~14.:..-.=2.:..01:..:8~---------
Consultant Job No: 14018-03 --------------------
License/Expiration Date: GE 26 I /E ·p. 12-31-2018
CEG 2210 I Exp. 7-31-2018
Lot(fract No: A.P.N.: 7572012028 -------------------Proposed Project: New Single-Family Residence and Accessory Dwelling Unit, 8,000 SF
(proposed address: 39 Narcissa)
• Project Information/Background:
Y I Review of existing files
Y /N Reference to site(s) by street address
YIN Grading or remedial grading proposed
• Geologic Hazards:
Hazard
Adverse geologic structure
Bluff retreat
Collapsible soils
Debris/mud flow
Differential settlement
Erosion/drainage
Expansive soils
Faulting
Fractured bedrock
Groundwater
Landslide
Liquefaction
Settlement
Slump
Soil/rock creep
Sulfate rich soils
Discussion of
Hazard
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
IY /N/NA
f'i /N/NA
IY /N/NA
Y/N/NA
Y/N/NA
IY /N/NA
Y/N/NA
Y/N/NA
Y/N /NA
Y/N/NA
Y/N/NA
Legend: Y=Yes, N=No, N/A=Not Applicable
NR=Not Required
Y I Reference to grading/foundation plans by date
YIN Subsurface investigation
Mitigation
Required
TBD
Y/N/NA
Y/N/NA
Y/N/NA
IY /N/NA
!NINA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
YY N/NA
Y/N /NA
Y/N/NA
Y/N/NA
r-t /N/NA
Y/N/NA
Recommendations
for Mitigation
TBD
Y/N/N
Y/N/NA
Y/N/NA
/NINA
Y/N/NA
/NINA
YIN/ A
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA,
/NINA
r-t /N/NA
D-11
City of Rancho Palos Verdes
Category 3
• Supporting Analysis/Data:
Y/ /NA
Y/ INA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Slope stability calculations
Shear strength values
Other laboratory data
Seismic coefficients/parameters
Seismic loading
Boring/test pit/trench logs
Liquefaction study
Calculations supporting recommendations
Reference list
• Geologic Map/Cross-Sections:
YIN Accurate topo base map extending sufficiently offsite
Y /N Surficial drainage
Y /N Existing structures
YIN Boring/trenches plotted
YIN Geologic contacts/data illustrated
Y/N Consistency with adjoining data/maps
YIN Cross-sections sufficient in number, location and detail
• Report Closure:
Y /N Statement as to adequacy of the site for the intended use
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
Y/N/NA
YIN
YIN
YIN
YIN
YIN
Geotechnical Review Sheet
GEO# G18-00121
Foundations
Retaining walls
Foundation setbacks
Slabs
Flatwork
Grading
Pools/spa
Slope/bluff setbacks
Temporary excavations
Y/N Illustrate setbacks
YIN Proposed excavations
YIN Statement that proposed development will not adversely impact adjoining sites
YIN Section 107 A.3, Chapter Safety Hazard Statement
YIN Signature of Certified Engineering Geologist (C. E.G.)
YJ N Signature of Geotechnical Engineer (G. E.) or Registered Civil Engineer (R .C.E.)
• Recommended Actions:
Landslide Moratorium Exception Review:
0 APPROVED from a geotechnical perspective.
~ CONDITIONALLY APPROVED from a geotechnical perspective. The Review Comments below shall be
addressed by a supplemental/response geotechnical report which shall accompany the project application
that is submitted to the Planning Division, pursuant to Municipal Code Section 15.20.050(0).
0 NOT APPROVED from a geotechnical perspective. The listed 'Planning Review Comments' shall be
addressed prior to final approval.
Note to Ciht Staff: The project site is located within the pre -historic Portuguese Bend Landslide, and Landslide Morntorium
Zone 1. The submittal is an application for 1111 Exceptio11 to the Momtorium 011 Land Use Permits under Municipal Code
Section 15.20 .040(T), which requires that a Landslide Moratorium Exception (LME) permit be approved by the Commzwih;
Developmmt Director prior to submitting planning applications to the Planning Division. As required 1111der this Code
section , the npplimnt has submitted a geotechnical report demonstmting that the proposed project will 110t aggravate the
existing situntio11.
(RPV25378) -2-
D-12
City of Rancho Palos Verdes Geotechnical Review Sheet
Category 3 GEOit G18-00121
Review Comments:
1. In Section 1.1 of the report, the Consultant states that their scope included review of " ... available previous
geotec/mical reports and geologic maps pertinent to the site." In Section 1.10 the consultant refers to "Review of the
previous boring logs by others .... " however, only the Consultant's own reports for the Point View development
are referenced in Appendix A of the report. More than a dozen geotechnical borings have been excavated on
the subject property, by multiple geotechnical consultants. To the City reviewer's knowledge, these were
most recently compiled by Neblett & Associates for the moratorium boundary line adjustment submittal (GEO
2011-00019,6001 Palos Verdes Drive South). All previous geotechnical information reviewed and relied upon
by the Consultant should be properly referenced in the Consultant's report.
2. In Section 1.2 of the report, the Consultant describes the site topography as" ... gently slopes to the east and south
at an inclination of approximately 6:1 (horizontal:vertical) or less." Review of Figure 3-Geotechnical Map indicates
that the topography is locally steeper than 2:1 for an approximate 20-foot tall slope descending southwest from
the existing pad (near boring LGC-HS-10). Please correct the statements in the report, and provide a geologic
cross-section through this slope, showing the proposed residence footprint. The cross-section should be
extended a sufficient distance downslope to facilitate evaluation of local slope stability.
3. In Section 1.8 of the report, geologic structure (bedding) is described as "likely variable due to previous landslide
movement." Site-specific geologic structure, particularly if it is applicable to critical slopes and evaluation of
local slope stability, shall be addressed by the Consultant. Notwithstanding the site's location within the pre-
historic Portuguese Bend landslide, the Consultant is still required to address local slope stability.
Quantitative analysis of local slope stability on the most critical cross-section(s) should be provided.
4. The Consultant's borings appear to have encountered predominantly soil materials to the explored depth of
31.5 feet. The materials are identified as "Quaternary Ancient Landslide Complex"; however, the ancient
landslide complex is comprised of multiple pre-landslide earth units including terrace deposits, colluvium,
and bedrock materials. Please identify the relict earth unit in geologic context and show it on the cross-section
requested in Item 2 above.
5. Please provide supporting calculations for the settlement, bearing capacity, and earth pressure design
parameters presented in the report.
6. As per Section 107 .A.3 of Chapter 15.18 of the Rancho Palos Verdes Municipal Code, "Even} report shall contain
a finding regarding the safety of the site,for the proposed structure or use against hazardfrom any variety of landsliding
or settlement or slippage and a finding regarding the e(fect the proposed building, grading, and/or construction and use
of tlze site will have on the geological stability of the site and/or proper~/ outside the site ." The Consultant has partially
addressed this requirement in their Conclusions section. Please provide a finding regarding the safety of the
site for its proposed use.
Building Plan Check Conditions of Approval (no response required):
1. Include the following note on the Foundation Plans: "All fowzdation excnvati01zs must be observed and approved by
the Project Geotec/micnl Consultmzt prior to placement of n:ilzforcing steel."
2. The Foundation Plans for the proposed single-family residence, accessory dwelling, and retaining walls shall
clearly depict the embedment material and minimum depth of embedment for the foundations in accordance
with the Project Geotechnical Consultant's recommendations.
3. The Foundation Plans for the proposed structures need to clearly show the Code-required foundation setbacks
from the descending slope, as appropriate.
4. Based on the Project Geotechnical Consultant's recommendation, the following note must appear on the
grading and foundation plans: "Confirmational Expansion Index and R-Value testing shall be performed following
site grading and prior to pouring footings, slabs, and pavements to evaluate the Expansion Index mzd R-Valzte of the
(RPV25378) -3 -
D-13
City of Rancho Palos Verdes Geotechnical Review Sheet
Category 3 GEO# G18-00121
supporting soils . Foundation and slab plans should be reviewed by tire Civil or Structural Engi11eer and revised, if
necessary."
:J . Prior to final approval of the project, an as-built compaction report prepared by the Project Geotechnical
Consultant must be submitted to the City for review. The report must include the results of all density tests as
well as a map depicting the limits of fill, locations of all density tests, locations and elevations of all removal
bottoms, locations and elevations of all keyways and back drains, and locations and elevations of all retaining
wall backdrains and outlets. Geologic conditions exposed during grading must be depicted on an as-built
geologic map. TI1 i comment mus t be included ns a note o n the ~ra ding plans.
6. Include the following note on the foundation plans to meet setback requirements, as appropriate: "The Project
Geoteclmicnl Consultant shall prepare an as-built report documenting the installation of the pile foundation elements for
the City's files . The report shall include total depths of the piles, depth into the recommended bearing material, minimum
recommended depth into the recommended bearing material, and a map depicting the locations of the piles".
7. Note to City Staff: The final sets of grading, retaining wall, residence and accessory structure plans that
incorporate the Project Geotechnical Consultant's recommendations and items in this review sheet must be
reviewed and wet stamped and manually signed by the Project Engineering Geologist and Project Geotechnical
Engineer.
Limitations:
Our review is intended to determine if the submitted report(s) complies with the City of Rancho Palos Verdes codes
and generally accepted geotechnical practices within the local area. The scope of our services for this third-party
review has been limited to a brief site visit and a review of the above referenced report and associated documents,
as supplied by the City of Rancho Palos Verdes. Re-analysis of reported data and/or calculations and preparation
of amended construction or design recommendations are specifically not included within our scope of services. Our
review should not be considered as a certification, approval or acceptance of the consultant's work, nor is it meant
as an acceptance of liability for final design or construction recommendations made by the geotechnical consultant
of record or the project designers or engineers.
This review sheet was prepared by representatives of Cotton, Shires and Associates, Inc., contracted as an agent of
the City of Rancho Palos Verdes. Please direct questions regarding this review sheet to the staff listed below.
Engineering Geology Revit?w by:
Geotechnicnl EHgilleering Review by :
(RPV25378)
Michael B. Phipps, C.E.G. lt1 832, Exp. 7-31-20
Cotton, Shires & Associates, Inc.
Email: mphipps~''cottonshires.com
Matthew J. Janm se
Cotton, Shires & Associates, Inc.
Email: mjam>u:cktil>w tlonshire.s.com
-4-
12-21-2018
Date
12-21-2018
Date
D-14
April 9, 2019
CITY OF RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
REVISED NOTICE OF DECISION
NOTICE IS HEREBY GIVEN that the Director of Community Development of the City of Rancho
Palos Verdes has approved, with conditions, a 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 single-family residence, garage and an accessory
dwelling unit on the property located at 6001 Palos Verdes Drive South , subject to Conditions of
Approval (Case No . PLME2018-0004).
LOCATION: 6001 Palos Verdes Drive South
APPLICANT: Jim York
LANDOWNER: York Point View Properties
Said decision is subject to the following Conditions of Approval :
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, 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
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0 PRINTED ON R ECYC I_ED PAPER E-1
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,
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).
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
E-2
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 . PRJOR 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.
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 agree ing 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 .
This decision may be appealed, in writing, to the Planning Commission. The appeal shall set forth
the grounds for appeal and any specific action being requested by the appellant. Any appeal letter
must be filed within fifteen (15) calendar days of the date of this notice, or by 5:30PM on
E-3
Wednesday, April 24, 2019. A $2,275 .00 appeal fee must accompany any appeal letter. If no
appeal is filed timely, the Director's decision will be final at 5:30PM on Wednesday, April24, 2019 .
If you have any questions regarding this application, please contact Octavio Silva at (31 0) 544-
5234 or via email at oct av ios@rpvca gov for further information.
A~-
Director of Community Development
Cc: Applicant
Landowner
Interested Parties
E-4
CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
ARA MIHRANIAN, DIRECTOR OF COMMUNITY
DEVELOPMENT
OCTAVIO SILVA, SENIOR PLANNER
APRIL 9, 2019
LANDSLIDE MORATORIUM EXCEPTION PERMIT (CASE NO.
PLME2018-0004) FOR PROPERTY LOCATED AT 6001 PALOS
VERDES DRIVE SOUTH (Applicant-Jim York, Property Owner
-York Point View Properties, LLC)
RECOMMENDATION
Approve a 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 single-family residence, garage and accessory dwelling
unit.
BACKGROUND
On November 19, 2018, the Applicant, Jim York, submitted a Landslide Moratorium
Exception (LME) Permit requesting approval to submit planning applications for the
proposed construction of a two-story single-family residence, garage and accessory
dwelling unit on a property commonly referred to as the Point View Property.
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
Applicant'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 is April 8, 2019.
A Notice of Decision was issued on April 8, 2019 and sent to the Applicant. On April 9,
2019, Staff prepared a revised Staff Report and Conditions of Approval related to
Exception Category 'T' covenant requirements.
F-1
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 2 of 9
SITE DESCRIPTION
The project site is comprised of a total of approximately 95-acres, consisting of largely
undeveloped hillside terrain that ranges from areas that are generally flat to areas with
slopes in excess of 35%. The property is zoned Single-Family Residential, with
approximately 86-acres of the Point View Property located within the RS-1 zoning district
and 8 acres located within the RS-2 zoning district. Additionally, approximately 46.82-
acres of the property are located outside the City's Landslide Moratorium Area (LMA) and
approximately 48.18-acres of the property are located within Zone 1 of the City's LMA.
On January 8, 2013, the Planning Commission adopted P.C. Resolution Nos. 2013-02
and 2013-03, approving a Mitigated Negative Declaration (MND) and a Conditional Use
Permit (CUP) for the Point View Master Use Plan. Through the CUP approval, the project
site has been improved with approximately 5 .7-acres of agricultural uses and supporting
structures; a golf course composed of 5 tee locations, 2 greens with 9 holes, and sand
traps; a paved internal driveway; and site improvements, including accessory structures
and a parking lot, to host 30 public or private events per year for an Event Garden. Lastly,
the project site has also been improved with a total of 1 ,500ft2 of non-habitable structures,
consisting of agricultural equipment storage barns and storage sheds, through Exception
Categories 'I' and 'S ' of the City's Landslide Moratorium Ordinance .
PROJECT DESCRIPTION
The proposed LME application requests the City's approval to allow the submittal of the
required planning applications to the Planning Division for consideration of the following
improvements in the RS-2 zoning district of the LMA portion of the project site:
• Construction of a new 7,356ft2 two-story residence, including a 1 ,412ft2 garage.
• Construction of a new 641ft2 single-story detached accessory dwelling unit (also
referred to as a second unit).
CODE CONSIDERATIONS AND ANALYSIS
Landslide Moratorium Exception Permit
The City's established moratorium prohibits the filing, processing, and approval of
building, grading and other land use permits within the designated LMA. However,
Rancho Palos Verdes Municipal Code (RPVMC) § 15.20.040 establishes exceptions to
the Landslide Moratorium provided that sufficient evidence demonstrates that proposed
improvements on certain properties will not aggravate the landslide and a LME Permit is
approved.
F-2
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 3 of 9
Pursuant to RPVMC § 15.20.040(T) (Attached), the moratorium shall not apply to
applications for the construction of residential buildings (maximum 8,000ft2 structure size,
26' height, and 25% lot coverage), accessory structures, and grading totaling less than
1,000 cubic yards of combined cut and fill, and including no more than 50 cubic yards of
imported fill material on two lots located within Zone 1 of the LMA. The two lots within
Zone 1 of the LMA include the project site and the 29-acre Plum Tree Property.
The total structure size of the proposed improvements (7,997ft2 ) is under the maximum
structure size of 8,000ft2 that is permitted under Exception Category 'T'. The proposed
structure height of 26' may be allowed with an approval of a Height Variation application.
No grading is proposed as part of the application request. Furthermore, mitigation
measures set forth in RPVMC § 15.20.050 have been added as Conditions of Approval
to Exhibit "A" to ensure compliance with Exception Category 'T' requirements. Lastly, the
Applicant's geotechnical report demonstrates, to the City Geologist's satisfaction, that the
proposed project will not cause an adverse impact on the stability of the landslide or
adjacent structures. Therefore, Staff recommends that the Director conditionally approve
the LME permit.
Approval of the LME permit would not constitute approval of the proposed improvements,
but simply allows the Applicant to proceed with the next step and submit the appropriate
development applications to the Planning Division for consideration. Based on the current
proposal, the Applicant would be required to submit a Height Variation and Site Plan
Review application for review and processing. Should the Applicant choose to reduce the
overall height, a Height Variation application may not be required. In addition, a Revision
to the Point View Master Use Plan CUP will be required as part of the City's consideration
of the proposed residence and ancillary improvements for modifications of the established
Conditions of Approval of the CUP, including, but not limited to, parking and operational
features of the existing uses on the project site.
ADDITIONAL INFORMATION
Landslide Moratorium Exception Category 'T'
Exception Category 'T' includes a list of requirements that the Applicant would be required
to comply with prior to development of the proposed project. More specifically, Exception
Category 'T' requires that the Applicant record a covenant on the subject property, in a
form approved by the City Attorney, that runs with the land and that is enforceable by the
City, which includes the following provisions:
• Prohibiting the future subdivision of the subject property;
• Acknowledging that the City makes no representation as to the suitability of the
land for development and assuming risk; and
F-3
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 4 of 9
• Providing for a trail dedication .
A Condition of Approval has been included that requires the Applicant to record the
covenant prior to development of the proposed project. The Condition of Approval also
includes clarification that the required trail dedication is to provide a trail connection
between the Three Sisters Reserve and the Filiorum Reserve.
California Environmental Quality Act (CEQA)
Staff has determined that the proposed project is Categorically Exempt from the
provisions of the California Environmental Quality Act (CEQA), under Article 19, Section
15303(a) (New Construction) of the California Guidelines for Implementation of the
CEQA. Specifically, the project proposes to construct a new residence in a Single-Family
Residential (RS-2) zoning district.
Natural Communities Conservation Plan I Habitat Conservation Plan (NCCP/HCP)
According to the City Council-approved 2018 NCCP/HCP, as a condition of approval for
any development project approved for the project site, the landowner is required to
dedicate a minimum of 40 acres to the Palos Verdes Nature Preserve (Preserve). This
dedication is to include an unimproved and non-agricultural 300' wide functional wildlife
corridor for the purposes of providing habitat for covered species on the southern edge
of the property connecting to the Abalone Cove portion of the Preserve.
The intent of the 40-acre dedication and 300-foot-wide minimum wildlife corridor required
for this project is to maintain a viable wildlife corridor and live-in habitat through the
Preserve after a proposed project is approved and constructed. Based on a biology report
prepared in 2003, the Point View property was comprised of 70 acres of non-native
grassland, 2.5 acres of CSS, 9.4 acres of disturbed CSS, 6.9 acres of exotic woodland,
and 5.2 acres of disturbed vegetation. The minimum of 40 acres of dedicated Preserve
shall include 1.5 acres to be provided as mitigation for previous brush clearing activities
and 38.5 acres of mitigation for CSS and grassland losses resulting from any future
development of the 95-acre Lower Filiorum parcel.
In the event that the Applicant submits development applications associated with this LME
Permit and approvals obtained by the Planning Division, a Condition of Approval will be
added as part of the approval that will require the landowner to dedicate the required 40-
acres with a 300' wide wildlife corridor to the Preserve prior to any grading or building
permit issuance by the City's Building and Safety Division.
F-4
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 5 of9
CONCLUSION
Based on the above discussion, Staff believes that the proposed project meets the
requirements of a LME Permit. As such, Staff recommends that the Director of
Community Development approve the LME Permit to allow the Applicant to submit
appropriate planning applications for the proposed project, subject to the Conditions of
Approval contained in the attached Exhibit "A" (PLME2018-0004).
ALTERNATIVES
The following alternatives to Staff's recommendation are available for the Director to
consider:
1. Identify any issues or concerns with the proposed project, and provide the Applicant
with direction in modifying the project (Case No. PLME2018-0004); or
2. Deny, without prejudice, the Landslide Moratorium Exception Permit application (Case
No. PLME2018-00 ---
Accepted : Dated :
Ara Mihranian, AI
Director of Community Development
ATTACHMENTS
• Exhibit "A" -Conditions of Approval
• Exception Category 'T'
• In-concept Approval by the City Geologist
F-5
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 6 of9
EXHIBIT "A"
CONDITIONS OF APPROVAL
LANDSLIDE MORATORIUM EXCEPTION PERMIT
(CASE NO. PLME2018-0004)
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, 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
F-6
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 7 of 9
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,
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
F-7
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 8 of 9
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.
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.
F-8
Staff Report (Case No. PLME2018-0004)
April 9, 2019
Page 9 of9
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 .
F-9
From:Tom Hartman
To:Octavio Silva
Subject:Fwd: Case number: PLME 2018-0004
Date:Thursday, June 06, 2019 10:54:06 PM
Sent from my iPhone
Begin forwarded message:
From: Tom Hartman <tomhartman360@gmail.com>
Date: June 6, 2019 at 10:51:20 PM PDT
To: octavios@rpv.ca.gov
Subject: Case number: PLME 2018-0004
I have questions and concerns regarding the drainage and impact on the landslide
zones. My concerns include potential impacts on our downslope communities.
Sent from my iPhone
G-1
From:Shannon Hartman
To:Octavio Silva
Subject:Appeal of A Landslide Moratorium Exception Permit (Case No. PLME2018-0004)
Date:Thursday, June 06, 2019 11:01:48 PM
Attachments:ATT00001.txt
ATT00002.txt
ATT00003.txt
Hello Mr Silva,
My concerns for the added Single Family Residence to the York project are:
1.). Where will the added water and sewage go and how will those be maintained? I have added the photos below as
a reminder of how fragile the Palos Verdes Drive South and Landslide area is and this is something that needs to
taken into consideration when making these decisions. These photos were taken May 7, 2019 across the street from
Wayfarers Chapel located at 5755 Palos Verdes Drive South which is adjacent to the York property. The upheaval
in the road here seemed to appear overnight.
G-2
G-3
G-4
G-5
NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATIONSITE TOTAL7,986 SQ. FT.SECOND RESIDENCE611 SQ. FT.DRIVEWAY± 2,495 SQ. FT.HOUSE LOT COVERAGE6,023 SQ. FT.TOTAL w/ GARAGE7,375 SQ. FT.6-CAR GARAGE1,337 SQ. FT.TOTAL LIVING6,038 SQ. FT.2ND FLOOR2,568 SQ. FT.1ST FLOOR3,470 SQ. FT.FLOOR AREA TABLE6 - CAR GARAGE5 BEDROOMS / OFFICE / 5.5 BATHSJIM YORK RESIDENCEF I R S T F L O O R 135'-0"77'-0"OFFICE / STUDY132194XFOYERGUEST130140XELEVATORUP20 RBA. 4TERRACETERRACETERRACEGREATROOM216170XNOOK178126XKITCHENPREPKITCHEN /PANTRYDINING190128XD.W.REF.3-CAR GARAGE205300X3-CAR GARAGE205294XGLASS WALLGLASS WALLENTRYPORCHLIBRARY143100X TERRACEFREEZERMUD ROOM /DROP ZONEBARISLAND /LIGHTTABLEPDR.D. W.MUD ROOM /DROP ZONER A N C H O P A L O S V E R D E S , C AJ I M Y O R K R E S I D E N C E0 6 . 0 6 . 1 9J:\GROUP17\87317254\7254FLR1A.DWGCopyright 2017 Bassenian | Lagoni Architects2031 Orchard Drive, Suite 100tel. +1 949 553 9100fax +1 949 553 05488 7 3 . 1 7 2 5 4Newport Beach, CA USA 926600 2 4 8M A I N R E S I D E N C EH-1
BEDROOM 2130140XOPEN TO ENTRYSLOPED CLG.
DN
20 RELEVATORBA. 3BA. 2BEDROOM 3132150XBEDROOM 4123120XBA. 4TERRACEOPEN TO ENTRYOPEN TO LIBRARY BELOWOPEN TO GREAT ROOM BELOWMASTER BEDROOM265154XMASTERBATHTERRACES E C O N D F L O O R TERRACEWALK-INLINEN30 L.F.SLOPED CLG.TERRACELINENW/DTERRACESHOES17 L.F.LINEN
SHOESR A N C H O P A L O S V E R D E S , C AJ I M Y O R K R E S I D E N C E0 6 . 0 6 . 1 9J:\GROUP17\87317254\7254FLR1A.DWGCopyright 2017 Bassenian | Lagoni Architects2031 Orchard Drive, Suite 100tel. +1 949 553 9100fax +1 949 553 05488 7 3 . 1 7 2 5 4Newport Beach, CA USA 926600 2 4 8M A I N R E S I D E N C EH-2
FRONTA1/4"=1'-0"10'-1"10'-1"
+/- 25'-11"FINISHED GRADETOP OF RIDGEREAR+/- 25'-11"TOP OF RIDGEFINISHED GRADE10'-1"10'-1"R A N C H O P A L O S V E R D E S , C AJ I M Y O R K R E S I D E N C E0 6 . 0 6 . 1 9J:\GROUP17\87317254\7254ELV1.DWGCopyright 2017 Bassenian | Lagoni Architects2031 Orchard Drive, Suite 100tel. +1 949 553 9100fax +1 949 553 05488 7 3 . 1 7 2 5 4Newport Beach, CA USA 926600 2 4 8E l e v a t i o n sM A I N R E S I D E N C EH-3
LEFTTOP OF RIDGE+/- 25'-11"FINISHED GRADE10'-1"10'-1"RIGHT10'-1"10'-1"
+/- 25'-11"TOP OF RIDGEFINISHED GRADER A N C H O P A L O S V E R D E S , C AJ I M Y O R K R E S I D E N C E0 6 . 0 6 . 1 9J:\GROUP17\87317254\7254ELV1.DWGCopyright 2017 Bassenian | Lagoni Architects2031 Orchard Drive, Suite 100tel. +1 949 553 9100fax +1 949 553 05488 7 3 . 1 7 2 5 4Newport Beach, CA USA 926600 2 4 8E l e v a t i o n sM A I N R E S I D E N C EH-4
ROOF PLANA1/4"=1'-0"PITCH: 3:12RAKE: 6"EAVE: 18"ROOF MATERIAL: CONCRETE 'S' TILE3:123:122:124:12R A N C H O P A L O S V E R D E S , C AJ I M Y O R K R E S I D E N C E0 6 . 0 6 . 1 9J:\GROUP17\87317254\7254ELV1.DWGCopyright 2017 Bassenian | Lagoni Architects2031 Orchard Drive, Suite 100tel. +1 949 553 9100fax +1 949 553 05488 7 3 . 1 7 2 5 4Newport Beach, CA USA 926600 2 4 8R o o f P l a nJ I M Y O R K R E S I D E N C EH-5
NOTE: SQUARE FOOTAGE MAY VARY DUE TO METHOD OF CALCULATIONTOTAL LIVING611 SQ. FT.FLOOR AREA TABLEBEDROOM / LIVING ROOM / BATHSECOND RESIDENCE30'-0"30'-0"6'-0"
36'-0"PORCHKITCHENREF.LIVING166110XOUTDOORLIVING110140XGUEST124104XBA.W/DD.W.R A N C H O P A L O S V E R D E S , C AJ I M Y O R K R E S I D E N C E0 6 . 0 6 . 1 9J:\GROUP17\87317254\7254FLR GUEST HOUSE.DWGCopyright 2017 Bassenian | Lagoni Architects2031 Orchard Drive, Suite 100tel. +1 949 553 9100fax +1 949 553 05488 7 3 . 1 7 2 5 4Newport Beach, CA USA 926600 2 4 8S E C O N D R E S I D E N C EH-6
FRONTA1/4"=1'-0"10'-1"
± 15'-11"FINISHED GRADETOP OF RIDGERIGHT10'-1"
± 15'-11"FINISHED GRADETOP OF RIDGEREAR10'-1"
± 15'-11"FINISHED GRADETOP OF RIDGELEFT10'-1"
± 15'-11"FINISHED GRADETOP OF RIDGEROOF PLANA1/4"=1'-0"PITCH: 3:12RAKE: 6"EAVE: 18"ROOF MATERIAL: CONCRETE 'S' TILER A N C H O P A L O S V E R D E S , C AJ I M Y O R K R E S I D E N C E0 6 . 0 6 . 1 9J:\GROUP17\87317254\7254ELV GUEST HOUSE.DWGCopyright 2017 Bassenian | Lagoni Architects2031 Orchard Drive, Suite 100tel. +1 949 553 9100fax +1 949 553 05488 7 3 . 1 7 2 5 4Newport Beach, CA USA 926600 2 4 8E l e v a t i o n sS E C O N D R E S I D E N C EH-7