058591
RESOLUTION NO. 585
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS GRANTING A MODIFICATION TO SECTION
co 308(b)(3)(d) OF THE BUILDING CODE
41 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
N HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
W
m Section 1. An application was duly filed by Mr. and
Q Mrs. George Partridge with respect to real property located at 69
Portuguese.Bend Road, Rolling Hills requesting a modification to
Section 308(b)(3)(d) of the Building Code so as to permit repair
and rehabilitation of an existing residence in a geologic hazard
area the value of which exceeds twenty-five percent (25%) of the
value of the existing structure.
Section 2. The City Council considered the request
at its regular meeting of January 23, 1989. Written and oral
evidence was presented to and considered by the Council.
Section 3. Section 308(b)(1) of the Building Code
prohibits, subject to certain exceptions, the issuance of
building permits for property located in geologically hazardous
areas. One such exception, contained in Section 308(b)(3)(d),
permits issuance of a building permit to allow repair and
restoration of existing structures where the cost of repair does
not exceed twenty-five percent (25%) of the value of the existing
structure, subject to certain conditions. Section 106 of the
Building Code authorizes modifications to the requirements of the
Building Code in cases where compliance would create practical
difficulties.
Section 4. The City Council finds that:
A. The subject residence is an existing structure and has
been in existence on the property since 1950. The
structure has been experiencing structural distress due
to its location within the Flying Triangle area of the
City, an area which is experiencing an active
landslide;
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B. The applicants propose to repair and rehabilitate the
structure in such a manner that it will better
withstand the effect of continuing ground movement and
will remain in a habitable condition. In the absence
of this repair and restoration, the residence will
become uninhabitable, creating a hardship for the
applicants who desire to continue to live in the home;
C. The cost of the proposed repair work will exceed
twenty-five percent (25%) of the cost of the existing
structure, because of the extensive nature of the work
necessary to suspend the structure off the ground and
reconstruct it in a manner as to be able to withstand
future ground movement. Although the Building Code ;
limits repair work in this type of situation to twenty-
five percent (25%), the object and purpose of the
exception contained in Section 308(b)(3)(d) is to allow
owners of existing structures to maintain the status
quo, by allowing sufficient repairs to keep the
structure habitable. In this case, a greater
expenditure is required to accomplish this task; this
does not, however, conflict with the overall purpose of
this exception to allow an existing homeowner to
maintain the future habitability of an existing
residence;
D. The applicant has proposed a particular plan for
repair, is aware of the costs of the proposed work and
seeks to repair the structure notwithstanding this
cost, with full knowledge of the existence of a
continuing landslide in the area. The applicant
desires to preserve the viability and habitability of a
long-standing home and to avoid the hardship of moving
from the City and not being able to make productive use
of the property;
E. The proposed work will not expand the size of the
existing home or increase or intensify any amenities
associated therewith. It will not result in increased
water usage. The work will place the structure on a
more stable part of the lot;
F. There is no evidence that the proposed work will create
a hazardous condition or place the applicant at risk.
There is no evidence that the proposed work will have
any effect on the landslide or on surrounding
properties. The work does not involve grading or earth
movement and is designed to preserve the status quo;
and,
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G. The City desires to accommodate the applicant to
alleviate a potentially severe hardship. The requested
modification is for the purpose of maintaining the
habitability of an existing structure, not building a
new structure, and hence, is consistent with the
objectives of the Building Code. Further, it would not
be detrimental to the public health, safety and
welfare. The applicant shall be required to execute a
waiver as required by Section 308(b)(3)(d). The
00 applicant will perform the repair work in accordance
�. with his own design, in accordance with Building Code
requirements, and will be fully responsible for the
success or failure of the work to accomplish its
intended goal.
m Section 5. For and on the basis of the foregoing
Q findings the requested modification to Building Code Section
308(b)(3)(d) is hereby approved, subject to the applicant
executing and recording a waiver in a form prepared by the City.
PASSED, APPROVED and ADOPTED this 13th day of
February , 1989.
//
(% Mayor
ATTEST:
City Clerk
reso(l)rh-nj
RESOLUTION NO. 585
The foregoing Resolution No. 585 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS GRANTING A MODIFICATION TO SECTION
308(b) (3) (d) OF THE BUILDING CODE
was adopted at a regular meeting of the City Council
on February 13, 1989 by the following roll call vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh
Pernell, Swanson, Mayor Murdock
NOES: None
ABSENT: None