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784, Repair landslide area, CorrespondenceCite July 29, 2010 Mr. and Mrs. Carley 2900 Palos Verdes Drive N. Rolling Hills, CA 90274 .. 4 0/1/e0iYin9 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 ZONING CASE NO. 784: Slope failure repair Dear Mr. and Mrs. Carley: This letter shall serve to notify you that the City Council at their regular meeting on July 26, 2010 approved your project. Before this case takes effect you are required to record an Affidavit of Acceptance Form together with the subject Resolution in the Office of the County Recorder. Please assure that your contractor is aware of the conditions of approval and the conditions are copied onto the construction plans. I am enclosing two copies of RESOLUTION NO. 2010-11, specifying the conditions of approval set forth by the Planning Commission to keep one in your files and record the other. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward, (or hand deliver), the completed form and one copy of the Resolution to: OR Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 LAX Courthouse 11701 S. La Cienega Blvd. 6th Floor Los Angeles, CA 90045 310-727-6142 Mon -Fri 8:30 a.m. to 11:00 a.m. and 1:00 p.m. to 3:30 p.m Include a check in the amount of $11.00 for the first page and $3.00 for each additional page, (please confirm the cost with the County Clerks Office, as their fees change frequently). Do not hesitate to call me at (310) 377-1521 if you have any questions. Printed on Recycled Paper •sPLA Yolaa Schwartz Plan ing Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2010-11 cc: Doug McHattie, Bolton Engineering (cover letter only) • • RECORDING REQUESTED BY ANC MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX c2q" T RECORDER'S USE ONLY THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE RECORDATION. ZONING CASE NO. 784 XX SITE PLAN REVIEW I (We) the undersigned state I am (We are) the owner(s) of the real property described as follows: 2900 PALOS VERDES DRIVE NORTH, ROLLING HILLS, (LOT 993-4RH), CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 784 XX SITE PLAN REVIEW I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State RESOLUTION NO. 2010-11 l2 A RESOLUTION OF THE PLANNING COMMISS] CITY OF ROLLING HILLS GRANTING A SITE PLJ REQUEST TO PERMIT GRADING FOR SLOPE FAILUIt REPAIR AT AN EXISTING SINGLE FAMILY RESIDENCE AT 2900 PALOS VERDES DRIVE NORTH (LOT 993-4-RH) AND PROPERTIES ADJACENT THERETO IN ZONING CASE NO. 784, (CARLEY). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. and Mrs. Jim Carley, with respect to real property located at 2900 Palos Verdes Drive North, Rolling Hills, requesting a Site Plan Review approval for grading of 133 cubic yards of cut and 78 cLibic yards of fill (the remaining needed for compaction), over a 3,920 square foot surface area. The slope failure extends over four properties. All properties are developed with a single family residence and accessory structures. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 15, 2010 in the field. Evidence was heard and presented from all persons interested in affecting said proposal, and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicant's representative was in attendance at the hearing. No public came forward to address the project. Section 3. The Planning Commission finds that the project qualifies as an exemption, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. The Los Angeles County Department of Public Works Land Development Division and Building and Safety Division reviewed the subject application for the slope repair. The Los Angeles County staff found that the proposed approach and methodology for slope repair is appropriate and the project was recommended for approval. Section 5. Subject properties are located in the RA-S-1 Zone. The slope failure affects 2,582 square foot area on the applicants' property (2900 PV Dr. N.); 730 square foot surface area at 2910 PV Dr. N.; 390 square feet on 2950 PV Dr. N.; and 218 square feet on 2954 PV Dr. N. Section 6. Section 17.46.020(A)(1) requires a Site Plan Review for grading projects requiring a grading permit. With respect to the Site Plan Review application, the Planning Commission makes the following findings of fact: zc 784 1 • C1t olPolf,.g JJdid June 16, 2010 Mr. and Mrs. Carley 2900 Palos Verdes Drive N. Rolling Hills, CA 90274 ZONING CASE NO. 784: Repair of slope failure. Dear Mr. and Mrs. Carley: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF 90274 (310) 377.1521 FAX: (310) 377-7288 This letter shall serve to notify you that the Planning Commission directed staff at the field trip meeting on June 15, 2010 to prepare a resolution to approve your request in Zoning Case No. 784. The Planning Commission will review and consider the draft resolution, together with conditions of approval, at an upcoming meeting on July 20, 2010 and make its final decision on your application at that meeting. The findings and conditions of approval of the draft resolution will be forwarded to you before the Planning Commission meeting for your review. When vou receive the report, please read the resolution and especially the conditions, as vou will be required to sien, notarize and record an affidavit that vou accept all of the conditions. The decision of the Commission will become effective thirty days after the adoption of the Planning Commission's resolution unless an appeal is filed or unless the City Council takes jurisdiction of the case within that thirty (30) day appeal period. As stated above, the Planning Commission's meeting to consider the resolution of approval is scheduled for Tuesday, July 20, 2010 at 6:30 P.M. After the Planning Commission adopts the resolution, that action, accompanied by the record of the proceedings will be forwarded to the City Council as a report. Your case is tentatively scheduled to be placed as a report item on the City Council's agenda at their regular meeting on Monday, August 9, 2010. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sinc: rely, Yanta Schwartz anning Director cc: Doug McHattie, Bolton Engineering Printed on Recycled Paper • C1t opeo PE.,.g Jd (f June 9, 2010 Mrs. Ann Carley 2900 Palos Verdes Drive North Rolling Hills, CA 90274 Subject: Off -site construction covenant agreement Dear Mrs. Carley: tr INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Attached is an explanation of the covenant agreement that the County of Los Angeles requires of all property owners when grading involves work on private property. In general, the property owners must give permission for the permittee (individual property owner doing the work) to work on another property to conduct the earth work. In addition, as with any construction, the party conducting the work is responsible for conducting and completing the job to industry standards. The covenant simply states that County representatives (which includes the City) are not liable for any damages resulting from the work. The County's role for which the property owner must release liability is to review the plans and inspect the work to assure that it is per County building code standards. The covenant does not release the contractor or engineer for their work. If the current condition is not mitigated (repaired), each individual property owner will be responsible for addressing its individual portion of the project. To the extent that the current condition blocks a drainage course and is not promptly corrected, each individual property owner will be subject to code enforcement by the County including, to the extent necessary, legal action. If you have any questions or concerns, please do not hesitate to call me at 310 377-1521 or Kit Bagnell, L.A. County District Engineer at 310. 952 1766. rely, lanta Schwartz anning Director cc: Doug McHattie, Bolton Engineering Kit Bagnell, L.A. County District Engineer Printed on Recycled Paper Tuesday, June 8, 2010 11:44 AM Subject: Grading -off site covenant Date: Tuesday, June 8, 2010 11:27 AM From: "Bagnell, Kit" <KBAGNELL@dpw.lacounty.gov> To: Yolanta Schwartz <ys@cityofrh.net> Yolanta, as requested, following is an explanation regarding offsite covenants. When a property owner proposes to construct drainage and/or grading improvements that require encroachment onto a neighbor's property, the neighbor's permission is required prior to the work being permitted. This is a requirement that the County of Los Angeles has required in this format for the unincorporated areas and its contract cities since approximately 1990. The purpose of the offsite covenant is to get permission for the neighbor to perform the work beyond their property line, clearly state who will be responsible to maintain the work upon completion, and provide acknowledgement that the work is the responsibility of the permittee/ property owner doing the work. Plan approval, permitting, and onsite inspection will be required of the property owner doing the work and will be performed by the County and City, as for all projects. The current format has been previously approved by the County as a "standard" to allow execution of the agreement without the need to review different language for each project. The format and language can be modified, but it would then need individual review and approval by County and City legal staff. Please feel free to contact me if you have any additional questions. Thanks, Kit Bagnell District Engineer Page 1 of 1 June 8, 2010 Tony: Re: Carley slope remediation - 2900 PV Dr. North Doug McHattie brought this covenant form in and would like to discuss it - problem is that adjoining property owners will not sign this form, given broad hold harmless clause in favor of the County. The form is the County's and Mitch Miller (LAC DPW) states that only the County Counsel can approve changes to this form. Doug would like to discuss this problem with you and explore options. Please call Doug. (310) 497-2187 cell Rosie -2- The undersigned also covenants and agrees for himself, his heirs, successors, and assigns, to indemnify, defend, and save harmless the County, its agents, officers and employees from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the construction of said work. The undersigned also covenants and agrees on behalf of himself, his heirs, successors, and assigns to ❑ maintain said work in good condition unless discharged of this obligation by the County of Los Angeles ❑ irrigate planted slopes and to maintain slopes and drainage devices located on his property ❑ permit the County to enter upon the premises to do such maintenance work as may be required; (Name if other than an individual) /s/ (Name if an individual) (Title if other than an individual) /s/ (Title if other than an individual 10/03 RECORDING REQUESTED BY AND MAIL TO: County of Los Angeles Department of Public Works ❑ Building and Safety — Drainage and Grading Section ❑ Land Development — Drainage and Grading Section ❑ Land Development — Road/Sewer & Water Section P.O. Box 1460 Alhambra, California 91802-1460 Space above this line is for Recorder's use 5. DECLARATION OF COVENANT BY OFFSITE PROPERTY OWNER OFFSITE COVENANT BY OFFSITE PROPERTY OWNER TR/PM (name of owner of affected offsite property) , as owner of ❑ (description of property) hereby gives permission to ❑ (as shown on attached map) , hereinafter referred to as "DEVELOPER", to (name of owner of development) enter and construct , in accordance with (description of work) plans dated and filed with the Office of Director of Public Works, County of Los Angeles, and examined by the undersigned, in, upon and across ❑ (location of improvements by property description) ❑ (as shown on the attached map) ❑ Offsite grading ❑ Slope banks ❑ Pavement transition from Sta to Sta ❑ Other 10/03 for the • City 6/ ie0iing..41/4 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 PUBLIC HEARING AND FIELD TRIP NOTIFICATION June 1, 2010 Mr. and Mrs. Jim Carley 2900 Palos Verdes Drive N. Rolling Hills, CA 90274 ZONING CASE NO. 784. Slope failure repair Dear Mr. and Mrs. Carley: The Planning Commission scheduled a field trip to your property to view the project on Tuesday. June 15. 2010 at about 9 a.m. The Commission will visit three other properties that morning starting at 7:30 am, therefore the exact time of visit to your property is difficult to determine. The owner and/or representative must be present to answer any questions regarding the proposal. Since all of the structures exist on the property, no structures need to be staked. However. please stake or delineate the limits of the proposed aradina. Please be aware that "an offsite grading" approval letter from the adjacent property owners, that are affected by the slope failure, will be required before the grading for the repair commences. After the field trip, the next regular meeting of the Planning Commission will take place on the same day, Tuesday. June 15. 2010 at 6:30 PM at City Hall, at which time the Commission will further discuss and deliberate your proposal. Please call me at (310) 377-1521 if you have any questions regarding this matter. Sine ly, 7 Yo :'nta Schwartz PI., nning Director Printed on Recycled Paper