366, Construct a retaining wall in , Staff ReportsDATE: APRIL 16, 1991
TO: PLANNING COMMISSION
FROM: LOLA UNGAR, PRINCIPAL PLANNER
SUBJECT: ZONING CASE NO. 366, MR. JEFFREY FAVER, 5 SOUTHFIELD
DRIVE (LOT 3-SF) : REQUEST FOR VARIANCE TO ENCROACH INTO
THE FRONT SETBACK TO THE PROPOSED RESIDENCE; REQUEST
FOR SITE PLAN REVIEW TO DETERMINE THE COMPATIBILITY
OF THE PROPOSED NEW RESIDENCE WITH THE SITE.
FIRST AMENDMENT TO CONTRACT FOR REIMBURSEMENT OF
GEOTECHNICAL REPORT PREPARATION AND PROCESSING.
Attached find the first amendment to the Contract for Reimbursement
of Geotechnical Report Preparation and Processing per the subject
zoning case which the City Council approved on April 8, 1991.
The purpose of the amendment is to update the timetable for
completion and consideration which by the time the original
contract was signed, became unreasonable. This timetable calls for
a completed draft of Phase II of the geotechnical study due on May
14, 1991; focused EIR due on June 14, 1991; completion of final
EIR on August 1, 1991; Planning Commission public hearing on
August 20, 1991; and decision of Planning Commission on September
17, 1991.
You should also note that Mr. Faver has hired another company,
American Geotechnical, to study and examine the soil samples and
other data which Geofon will be examining for a second opinion. In
that regard, American Geotechnical has signed a document of
Acknowledgment of Risk and Waiver of Liability which is also
attached.
LMU
• •
FIRST AMENDMENT TO CONTRACT FOR
REIMBURSEMENT OF GEOTECHNICAL REPORT
PREPARATION AND PROCESSING
(Front Yard Setback Variance,
Site Plan Review Application)
THIS FIRST AMENDMENT entered into on this day of
April, 1991 is to that certain Agreement made and entered into on
February 7, 1991 between the CITY OF ROLLING HILLS, a municipal
corporation, hereinafter referred to as the "City," and JEFFREY
FAVER (hereinafter "Property Owner"). The Agreement made and
entered into on February 7, 1991, is hereby referred to as the
"Agreement."
The parties do hereby amend the Agreement as follows:
1. Section 5 of the Agreement is amended to read:
5. Timetable for Completion and Consideration.
Property Owner and City agree to the following timetable for
completion and consideration of the Focused EIR for the Project
and for consideration and decision on the Project by the Planning
Commission:
1) May 14, 1991 - Consultant to have completed
its draft of Phase II of the geotechnical study.
2) June 14, 1991 - Planning Staff and Consultant
to complete other elements of the focused EIR as required by
CEQA, including but not limited to, Table of Contents, Summary,
Project Description, Environmental Setting, Environmental Impact,
and Cumulative Impacts.
910320 kge 1680451 0
• •
3) June 14 - July 14, 1991 - Thirty Day Public
Review and Public Comment Period for focused EIR.
4) August 1, 1991 - Completion of Final EIR with
Responses to Comments.
5) August 20, 1991 - Planning Commission Public
Hearing on Final EIR, variance and Site Plan Review.
6) September.17, 1991 - Decision of Planning
Commission regarding the EIR, variance and site plan review.
2. Except as specifically amended hereby, the terms and
conditions of the Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this
amendment to the Agreement for reimbursement of Geotechnical
Report Preparation and Processing to be executed and attested to
as of the day and year first above written.
ATTEST:
City Clerk
910320 kge 1680451 0
CITY OF ROLLING HILLS
By
Mayor
JEFFREY FAVER
By
-2-
SENT BY:Xerox Telecopier 704 ; 3-28-81 ; 17:04 ; SPIERER & 4DWARD' 714 970 014244 4
Acknowledgment of Risk and Waiver of Liability
The undersigned is executing this Acknowledgement of
Risk and Waiver of Liability in connection with the undersigned's
inspection of and visit to property located at 5 Southfield
Drive, in the City of Rolling Hills, California (hereinafter "the
Property"). The undersigned acknowledges and agrees as follows:
Section L. Acknowledgment of Risg. I am hereby
informed and thereby acknowledge that the Property consists of a
sloping undeveloped lot that is undergoing geotechnical testing
commencing March 27, 1991. The Property may not be in a
condition safe to walk upon or inspect due to the presence of
equipment, teat borings (holes several feet deep), and displaced
piles of uncompacted soil. The Property contains hazards that
may create a dangerous condition to visitors and which could
cause or result in personal injuries or other damage. The
undersigned agrees that he or she is entering, visiting and
conducting geologic inspections of the Property at his or her own
risk. The undersigned further acknowledges that neither the City
of Rolling Hills, GEOFON, nor any of the City's or GEOFON'S
officers, employees or agents have made any representations
regarding the safety or suitability of the Property for visits or
inspections. The undersigned is not relying for its safety upon
the presence or directions of any City or GEOFON officers,
employees or agents who may or may not be present on the Property
at the time of the undersigned's visit to such Property.
$ectl..ot . Vetiver and Release,. The undersigned
hereby waives and releases the City of Rolling Hills and GEOFON
and the City's and GEOFON's officers, employees and agents from
and against any and all claims, liabilities, losses, damages,
attorneys fees, expenses or costs of whatever kind and nature
arising out of, attributable to, or relating directly or
indirectly to the City and/or GEOFON granting access and entry to
the undersigned to, perform geologic mapping or down hole
inspection of deep borings, and for any other activities on the
Property.
Without limiting the foregoing, the undersigned shall
not hold the City of Rolling Hills or GEOFON or any City or
GEOFON officer, employee or agent responsible or liable for any
injuries or damages arising from or related to any directions or
orders that such officer, employee or agent may give during the
time that the undersigned
4isa i iting or inspecting the Property.
Executed this !•U day of , 1991, at
, California.
Name of Employer
SENT BY:Xerox Telecopier 70o 3-28-91 ; 17:04 ; SPIERER & V WARD-4 714 970 0142;# 4
Aaknowledgmant of Risk and Waiver of liability
The undersigned is executing this Acknowledgement of
Risk and Waiver of Liability in connection with the undersigned's
inspection of and visit to property located at S Southfield
Drive, in the City of Rolling Hills, California (hereinafter "the
Property"). The undersigned acknowledges and agrees as follows:
Section L. Acknowledgment of Rist. I am hereby
informed and thereby acknowledge that the Property consists of a
sloping undeveloped lot that is undergoing geotechnical testing
commencing March 27, 1991. The Property may not be in a
condition safe to walk upon or inspect due to the presence of
equipment, test borings (holes several feet deep), and displaced
piles of uncompacted soil. The Property contains hazards that
may create a dangerous condition to visitors and which could
cause or result in personal injuries or other damage. The
undersigned agrees that he or she is entering, visiting and
conducting geologic inspections of the Property at his or her own
risk. The undersigned further acknowledges that neither the City
of Rolling Hills, GEOFON, nor any of the City's or GEOFON'S
officers, employees or agents have made any representations
regarding the safety or suitability of the Property for visits or
inspections. The undersigned is not relying for its safety upon
the presence or directions of any City or GEOFON officers,
employees or agents who may or may not be present on the Property
at the time of the undersigned's visit to such Property.
Section 2. Waiver and Release. `The undersigned
hereby waives and releases the City of Rolling Hills and GEOFON
and the City's and GEOFON's officers, employees and agents from
and against any and all claims, liabilities, losses, damages,
attorneys fees, expenses or costs of whatever kind and nature
arising out of, attributable to, or relating directly or
indirectly to the City and/or GEOFON granting access and entry to
the undersigned to, perform geologic mapping or down hole
inspection of deep borings, and for any other activities on the
Property.
Without limiting the foregoing, the undersigned shall
not hold the City of Rolling Hills or GEOFON or any City or
GEOFON officer, employee or agent responsible or liable for any
injuries or damages arising from or related to any directions or
orders that such officer, employee or agent may give during the
time that the undersigned is
visiting
iting or inspecting the Property.
Executed this !6�� / day of , 1991, at
California.
By / J/
1?4P aile6974,644.-
' Tit��cco4.4r
Name of Employer
City 0/ /C0/fin 4 JI1ff�
MEMORANDUM
April 2, 1991
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
To: ZONING CASE NO. 366 FILE
From: Lola Ungar, Principal Planner
Subject: Meeting with Geofon & American Geotechnical
1. Meeting beagan at 1:00 P.M., April 2, 1991.
Before meeting is over, call Kevin Ennis
re: Summary per City Attorney instructions.
In attendance:
Rick Curtis - Geofon
Jim Olbinsky - American Geotechnical
Mike Feroz - Geofon
Mohammed Joolazadeh - American Geotechnical
Lola Ungar - Rolling Hills Principal Planner
2. Meeting to discuss Background, Soil information to be
interpreted and possibilities given by Rick Curtis (Ken
Wilson did basic interpretation).
A. Landslide
B. Ancient Marine Terrace
3. Copies of Acknowledgment of Liability given to all
parties.
4. Geofon will make 4 new borings and perk test in one. They
must let water soak in hole 24 hours and then backhoe.
5. Will work tomorrow, Wednesday, Thursday and maybe Friday
(4/3/91 through 4/5/91).
6. Contact water company to use metered water from Calif.
Water Service.
7. Lola called Kevin Ennis to apprise him of meeting events.
8. Meeting adjourned at 2:15 P.M.
cc: Kevin Ennis, City Attorney
SENT BY:Xerox Telecopier 7021 ; -28-91 ; 17:04 ; SPIERER & WOODARD-► 714 970 0142;# 4
Acknowledgment of Risk apd Waiver of yj,ability
The undersigned is executing this Acknowledgement of
Risk and Waiver of Liability in connection with the undersigned's
inspection of and visit to property located at 5 Southfield
Drive, in the City of Rolling Hills, California (hereinafter "the
Property"). The undersigned acknowledges and agrees as follows:
Section L. Acknowledgment of WAX. I am hereby
informed and thereby acknowledge that the Property consists of a
sloping undeveloped lot that is undergoing geotechnical testing
commencing March 27, 1991. The Property may not be in a
condition safe to walk upon or inspect due to the presence of
equipment, test borings (holes several feet deep), and displaced
piles of uncompacted soil. The Property contains hazards that
may create a dangerous condition to visitors and which could
cause or result in personal injuries or other damage. The
undersigned agrees that he or she is entering, visiting and
conducting geologic inspections of the Property at his or her own
risk. The undersigned further acknowledges that neither the City
of Rolling Hills, GEOFON, nor any of the City's or GEOPON'S
officers, employees or agents have made any representations
regarding the safety or suitability of the Property for visits or
inspections. The undersigned is not relying for its safety upon
the presence or directions of any City or GEOFON officers,
employees or agents who may or may not be present on the Property
at the time of the undersigned's visit to such Property.
,9ection 2. Waiver and Release. The undersigned
hereby waives and releases the City of Rolling Hills and GEOFON
and the City's and GEOFON's officers,, employees and. agents from
and against any and all claims, liabilities, losses, damages,
attorneys fees, expenses or costs of whatever kind and nature
arising out of, attributable to, or relating directly or
indirectly to the City and/or GEOFON granting access and entry to
the undersigned to, perform geologic mapping or down hole
inspection of deep borings, and for any other activities on the
Property.
Without limiting the foregoing, the undersigned shall
not hold the City of Rolling Hills or GEOFON or any City or
GEOFON officer, employee or agent responsible or liable for any
injuries or damages arising from or related to any directions or
orders that such officer, employee or agent may give during the
time that the undersigned is visiting
iting or inspecting the Property.
Executed this day of
-Aldrket.
_ , California.
By,
1991, at
Tit �/�
Name of Employer
City ./ leoffin9, ihit,
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377.1521
FAX (213) 377-7288
Agenda Item No: 5.B
Mtg. Date: 12-18-90_
TO: PLANNING COMMISSION
FROM: CRAIG R. NEALIS, CITY MANAGER
SUBJECT: ZONING CASE NO. 366
MR. JEFFREY PAVER, 5 SOUTHFIELD DRIVE (LOT 3-SF)
DATE: DECEMBER 18, 1990
The applicant has requested that this item be continued to the
February Planning Commission meeting.
:ds
DATE: OCTOBER 8, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 366; 5 Southfield Drive; Owner: Faver
DISCUSSION
The Planning Commission, at their regular meeting of September 18, 1990,
indicated that the geotechnical study must be completed before a decision
on the applicant's request be made. Correspondingly, staff presented an
amended agreement for services by GEOFON, Inc. to the City Council at
their meeting of September 24, 1990. At that meeting, the Council voted
to approve the amendment to the agreement with GEOFON, subject to
execution of a reimbursement contract by the applicant. At this writing,
Mr. Faver has not approved and signed the contract.
RECOMMENDATION
With the reimbursement contract and amended geotechnical study pending,
the recommendation for the Commission is to continue the matter. The City
Attorney's Office can provide further comment on this action.
zc366#6
Ilk' STAFF REPORT
DATE: SEPTEMBER 18, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 366; Request for Variance to encroach in to the
front yard setback to construct retaining walls for a driveway to
facilitate access to the proposed residence; Request for Site
Plan Review to determine the compatibility of the proposed
residence with the site; 5 Southfield Drive, Lot 3-SF;
Owner: Faver
DISCUSSION
The matter before the Planning Commission is to determine if the
consultant, GEOFON, INC., shall be retained to complete the geotechnical
studies for the project under Zoning Case No. 366. The Commission has
received for their information the Statement of Qualifications from the
consultant, whom now requests further City direction. The consultant has
indicated that their attendance at the regular Commission meeting can be
scheduled to respond to any questions.
RECOMMENDATION
Staff recommends that the Planning Commission retain the services of
GEOFON, INC. for completion of the necessary geotechnical studies.
zc366#5
STAFF REPORT
DATE: SEPTEMBER 15, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 366; Request for Variance to encroach into the
front yard setback to construct retaining walls for a driveway to
facilitate access to the proposed residence; Request for Site
Plan Review to determine the compatibility of the proposed new
residence with the site; 5 Southfield Drive, Lot 3-SF;
Owner: Faver
DISCUSSION
The Planning Commission, at the regular meeting of August 21, 1990,
continued the above stated matter, and requested additional qualifications
information from the consultant, GEOFON, INC. As directed by the
Commission, please find the attached Statement of Qualifications
describing key personnel and relevant experience. The consultant has
indicated that representatives of the firm could be in attendance at the
Commission's next regular meeting, if desired after reviewing the enclosed
statement of qualifications. Further, GEOFON has indicated that their
proposal for Phases lA and 2 will be completed shortly. Staff continues
to support the retention of GEOFON for the geotechnical study and would
recommend that the Planning Commission concur.
RECOMMENDATION
Staff recommends that the Planning Commission retain the services of
GEOFON, INC. in order to complete the applicable geotechnical studies.
zc366#4
STAFF REPORT
•
DATE: AUGUST 15, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 366; Request for Variance and Site Plan Review; 5
Southfield Drive, Lot 3-SF; Owner: Faver
DISCUSSION
As per the request of the Commission from the regular July meeting, the
attached information ,provided by GEOFON, Inc., has been presented for
your review. This information is to serve as a statement of
qualifications and pertinent experience for the firm. In reviewing the
information, the Commission is requested to act upon the matter whether
GEOFON is acceptable to continue with the geotechnical and related
studies. As indicated at a prior meeting, GEOFON was chosen by the City
through competitive process. The applicant understands that before the
Commission can take any further action upon the variance and site plan
review request, the applicable studies must be completed.
RECOMMENDATION
Staff recommends the Planning Commission retain the services of GEOFON,
Inc. in order to complete the applicable geotechnical and related studies.
zc366#3
•**** STAFF REPORT
DATE: JULY 10, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 366; Request for Variance and Site Plan Review;
5 Southfield Drive; Owner: Faver
DISCUSSION
The Planning Commission, at their last regular meeting of June 19, 1990,
continued the above -stated matter indefinitely so as to allow time for the
completion of the geotechnical studies to be conducted by GEOFON, Inc.
Tentatively, an amendment is proposed to include a supplemental study
phase. At the last meeting, the applicant and his representative
requested that the Commission decide upon the extent of the environmental
analysis for the project. The Commission will recall that residents
raised additional concerns regarding the stability of the road, hydrology,
traffic, noise, etc. during the public testimony period. Further, staff
has been asked whether the City has any concerns regarding the capability
of GEOFON to complete the geotechnical studies. GEOFON (Ken Wilson) was
chosen by the City from those firms submitting qualified and competitive
proposals, and the City is satisfied with the work performed to date.
Upon advisement from the City Attorney's Office, the above -stated matters
should be responded to by the Commission at their next meeting.
RECOMMENDATION
The Commission must determine, based upon the evidence submitted to date,
that the environmental analysis should or should not be expanded to
analyze other potential impacts. Further, staff recommends that the
Commission state for the record that the City has no concerns or
objections to having GEFON, Inc. complete the geotechnical study, and
direct staff to work with the applicant and consultant on the necessary
procedural requirements for the supplemental studies pertaining to a
"Phase I -A" and considering road stability.
zc366#2
110" STAFF REPORT
**** •
DATE: June 15, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 366; 5 Southfield Drive; Owner: Jeffrey Faver
DISCUSSION
Upon advisement from the City Attorney's Office, staff would recommend
that the Planning Commission limit their consideration on the subject
matter to that of the portion of the geotechnical study completed by the
City's consultant, GEOFON. A copy of the preliminary report on Phase I of
the geotechnical investigation is attached for your review.
Based upon the data compiled by GEOFON for Phase I, their preliminary
conclusions regarding the nature and occurrence of debris deposits at the
site and recommendation are as follows :
1. Landslide debris has formed behind or within a slide which has
moved down slope (westward)
2. Landslide debris has formed behind or within a slide which has
moved toward the ocean (south -southwesterly)
3. Non -marine terrace deposits have formed in an ancient sea -cliff,
shoreline environment.
4. It is recommended that additional field explorations and
geotechnical analyses be conducted in order to develop a final site
assessment. The extent of work to be performed must thereby be included
in an amended agreement for consulting services. The City Council must
approve said amended agreement.
The City Attorney has indicated that an action of the Commission on the
application would be premature, since there is inadequate evidence. Staff
would further note that the application is now subject to Site Plan Review
and must be properly noticed for public hearing.
RECOMMENDATION
Staff recommends that the Planning Commission restrict their review on the
application to that of the letter report from GEOFON on the Phase I
investigation, and recommend to the City Council authorization to conduct
additional studies as stated by the consultant. Further, the Commission
should direct staff to properly publish and notice a site plan review
request.
zc366rh
•
TO: HONORABLE CHAIRMAN AND MEMBERS OF PLANNING COMMISSION
FROM: CITY MANAGER
RE: PLANNING COMMISSION MEETING OF JANUARY 17, 1989
CASE NO.366:
This matter has been before the Commission, since August, 1988.
The applicant has been informed that he must undertake a focused
environmental impact report, regarding certain seismic, geological and
engineering issues pertaining to the development proposal. To date,
the owner has not indicated a willingness to begin the EIR process.
Therefore, it is recommended that the variance application embodied in
Zoning Case No. 366, be denied for lack of evidence to support the
statutorially required findings.
CASE NO. 373:
This is a request for a variance to encroach into the minimum
front yard setback requirement and the minimum sideyard setback
requirement. The applicant proposes to build a new residential
building, with basement. There is an existing non -conforming front
yard setback of 38 feet. Also, there is an illegal use of a stable,
which is being used as a guest house.
From the evidence acquired through the site plan, field
investigation and public comments, it will be difficult for the
Commission to make the required finding of the existence of an
exceptional or extraordinary circumstance which deprives the owner of
a substantial property right.
However, if the Commission chooses to make the required findings
and grant the variance, it is recommended that the following
conditions be attached:
1. The plan must be modified so that existing driveway continues
to be the only ingress/egress opening to the property.
2. The plan be modified to include a 200 square foot stable site
with appropriate access. And, the lot coverage computation be
re -computed to include the stable square footage; and, be in
commpliance with lot coverage maximums for structures.
3. The applicants be required to apply for a conditional use
permit related to guest house.