260, Construct stable in front yard, Staff Reports1
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MEMORANDUM RE TRACT 22083
Date: November 7, 1980
3 To:
City Council
4 I
5 Lot 2 is one of four lots in Tract 22083, and it is known by
6 street and number as 52 Saddleback Road. The tract was approved
7 by the City in 1969 and is subject to a geological hazard. The
8 recorded map of the tract indicates that the greater portion of Lot.
9 2 and parts of Lots 1 and 3 are subject to a geological hazard,
10 and the recorded map shows on the second., sheet thereof the follow-
1 a 11 ing note:
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mcq 12 "Restricted use area subject to a geological
z ao 13 hazard. Construction of structures within
:Ga,of:, this area is prohibited until corrective;
rGomtr,
ZF.a� 14 grading, subject to the approval of the City
a3Wuz Engineer, has been performed to eliminate
ogaa W 15 the hazard.
U) • W W
• oz "Private sewage disposal systems are to be
�z 16 located in an area approved by the City
70 17 Engineer."
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II
The applicant owner of the lot has filed engineering data with the
20 County Geology and Soils Departments (City Engineer) showing that
21 the lot can be stabilized with the installation of approximately
22 nine shear pins.
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III
25 The Soils Section of the County has approved this engineering
26 data and will, within the very near future, recommend to the Geology
27 Section approval of the above described corrective work. Robert
28 Smith of the County Geology Section thinks that a buttress fill
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1 would be a better method of correcting the geological fault in this
2 lot. Lot 2 is located in an area designated on the County's maps
3 as "an active slide area" which, in turn, is located in a larger
4 area designated as "an ancient slide area."
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IV
The City can do any of the following:
(A) Require the City Engineer to secure an inspection
advice and report of an independent geologist, which report should
include a corrective work plan for the stabilization of the lot
before considering the request of the owner for a permit (See
Ordinance No. 178.)
(B) Review the report for the installation of shear pins,
if the same is recommended by the City Engineer, and grant a per-
mit based on his recommendations and findings, conditioned upon
the installation of the shear pins as required in the report.
(C) Review the report and recommended corrective measures
of the City Engineer, and refuse to grant a permit on the grounds
that in the opinion of the City Council the corrective measures
will not be substantially effective in stabilizing the lot.
(D) If the City refuses to grant a permit, the owner may
22 bring an action against the City and depending upon the evidence
23 presented at the hearing on the matter, the court might issue a
24 writ of mandate compelling the City to issue its permit.
25 (E) Should the City refuse to issue a permit, the appli-
26 cant might take no further steps to attempt to satisfy the require-
27 ments of the City, and bring an action against the City for invers.:
28 condemnation of his property based on the City's refusal to permit
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1 construction on the lot because of the geological hazard which he
2 had offered to correct, but which the City. refused to approve.
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5 From the foregoing, I recommend to the City Council that at its
6 meeting of November 10, 1980, they continue this matter on the
7 agenda for at least three weeks, during which time the file of this
8 subdivision can be thoroughly researched, and the Council could
9 resolve with the City Engineer the safety factor involved in the
10 installation of shear pins, as compared with a buttress fill, and
11 further, the possibility of what likelihood there is that either
12 of the proposed corrective measures might fail and allow this
13 property to slip down onto adjoining property.
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Respectfully submitted,
William Kinle
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