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ORD 309 ORDINANCE NO. 309 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING THE MORATORIUM ON LAND USE PERMITS (CODE AMENDMENT NO. 40 AND ENVIRONMENTAL ASSESSMENT NO. 666) . WHEREAS, on July 18, 1994, the City initiated Code Amendment No. 40, and Environmental Assessment No. 666, to amend Chapter 15.20 of the Rancho Palos Verdes Municipal Code entitled "Moratorium on Land Use Permits" in order to correct internal inconsistencies and strengthen the Code's provisions regarding the requirements and review process for projects excepted from the Code's provisions; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA") , the State CEQA Guidelines, California Code of Regulation, Title 14, Sections 15000 et seq. , the City's Local CEQA Guidelines, and Government Code Section 65952 . 5 (e) (Hazardous Waste and Substances Statement) , the City prepared an Initial Study and determined that there was no substantial evidence that the adoption of Code Amendment No. 40 would have a significant effect on the environment. Accordingly, a draft Negative Declaration was prepared and notice of that fact was given in the manner required by law; and, WHEREAS, after notice issued pursuant to the provisions of CEQA and the Rancho Palos Verdes Development Code, a public hearing was held on September 6, 1994, on May 2, 1995, and on May 16, 1995, before the City Council regarding introduction of an Ordinance amending Chapter 15.20 of the Municipal Code entitled "Moratorium on Land Use Permits, " 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: That the amendment of the language of Chapter 15.20 in and of itself would not result in any adverse environmental impacts, since no physical changes to existing developments are proposed. Section 2 : That the amendment to Chapter 15.20 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those Plans, particularly with regard to carefully controlling and directing future growth with the intent of making a positive contribution to all elements of the community. Section 3 : That the amendment to Chapter 15. 20 is necessary to preserve the public health, safety, and general welfare in the area through the imposition of standard geotechnical review criteria for projects which fall within the boundaries of the City's landslide moratorium area. Section 4 : Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: Chapter 15. 20, MORATORIUM ON LAND USE PERMITS Sections: 15. 2 0. 010 Definitions. 15. 20. 020 New construction permits not issued. 15.20. 030 Revocation of unused permits. 15. 20. 040 Exceptions. 15. 20. 050 Landslide mitigation measures required. 15. 20. 060 Application. 15.20. 070 Appeals. 15. 20. 080 Expiration. 15.20. 090 Municipal code and environmental regulations 15. 20. 100 Exclusions. 15.2 0. 010 Definitions. The following definitions shall apply to this chapter: A. "Alter" means to change in some, but not all, aspects where necessary to continue the use of, and where repair, replacement and restoration are not possible. B. "Director" means the Director of Planning, Building, and Code Enforcement. C. "Geologic Investigation Permit" means a permit issued by the city to allow field research for the preparation of geologic, geotechnical, or soils reports. Field research shall include investigative trenching, boring, or grading which is performed mechanically or by hand. Such trenching, boring, or grading shall pertain only to the accumulation of necessary data. D. "Maintenance" means to keep in a particular safe condition. E. "Repair" means to bring back to a safe condition after partial decay or destruction. F. "Replacement" means to exchange a damaged portion for a new equivalent portion without changing form or function. For a dwelling unit it means to construct a new portion of a dwelling to substitute for that existing prior to damage. G. "Restoration" means to bring back to the original condition. Ordinance No. 309 Page 2 of 9 H. "Plumbing fixture" means a plumbing fixture as defined by the Uniform Plumbing Code, unless expressly defined otherwise in this Chapter. 15.20. 020 New construction permits not issued. Notwithstanding any other ordinance or code of the city, the city declares a moratorium on the filing, processing, approval or issuance of building, grading or other permits, environmental assessments, environmental impact reports, conditional use permits, tentative maps or parcel maps in the area of the city identified as the "landslide moratorium area" as outlined in red on the "landslide moratorium map" on file in the office of the director, unless expressly allowed by Section 15.20. 040. However, the filing and preparation of environmental assessments, initial studies, negative declarations, or environmental impact reports for the exclusive purpose of determining whether a parcel of land may be excluded from the Moratorium pursuant to Section 15.20. 100 are not precluded by this section. 15.20. 030 Revocation of unused permits. Any building, grading permit or other permit for new construction in the landslide moratorium area which has been previously granted by the city but which has not been acted upon in substantial reliance by the holder thereof is revoked. 15.20. 040 Exceptions. The moratorium shall not be applicable to any of the following: A. Maintenance of existing structures or facilities which do not increase the land coverage of those facilities or add to the water usage of those facilities. B. Replacement, repair or restoration of a residential building or structure which has been damaged or destroyed due to one of the following hazards, 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: 1. A geologic hazard. Such structure may be replaced, repaired or restored to original condition provided that such construction shall be limited to the same square footage and in the same general location on the property and said construction will not aggravate any hazardous geologic condition, if a hazardous geologic condition remains. Prior to the approval 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. The applicant shall comply with any requirements imposed by the City's geotechnical staff and shall substantially repair the geologic condition to the satisfaction of the city geotechnical staff prior to the issuance of a final Ordinance No. 309 Page 3 of 9 building permit. Upon application to the director, setbacks may conform to the setbacks listed below: Minimum Setback Standards Front Interior side Street side Rear 20 5 10 15 2 . A hazard other than a geologic hazard. Such structure may be replaced, repaired or restored to original condition provided that such construction shall be limited to the same square footage and in the same general location on the property and said construction will not aggravate any hazardous condition, if a hazardous condition remains. Prior to the approval 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. Upon application to the director, setbacks may conform to the setbacks listed in Section 15.20. 040.81. C. Building permits for existing structures which were constructed prior to October 5, 1978 for which permits were not previously granted, in order to legalize said structure(s) . Such permits may only be granted if the structure is brought into substantial compliance with the Uniform Building Code. D. The approval of an environmental assessment or environmental impact report for a project as to which the city or redevelopment agency is the project applicant. E. City council or city redevelopment agency board-approved projects to mitigate the potential for landslide. F. Remedial grading to correct problems caused by landslide, pursuant to Chapter 17 .50 of the Municipal Code. G. Geologic Investigation Permits. Prior to the approval of such a 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 investigation will not aggravate the existing situation. H. Minor projects on those lots which are currently developed with a residential structure, and which involve additions to existing residential structures, decks, or enclosed patios, not exceeding a cumulative project(s) total of six hundred (600) square feet per parcel, and not involving any new buildings, 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. In addition to the six hundred (600) square feet of additional residential area, the director may approve a Landslide Moratorium Exception Permit for one detached garage per parcel, not exceeding an area of six hundred (600) square feet, without windows or any plumbing fixtures, provided that a use restriction covenant in a form acceptable to the city Ordinance No. 309 Page 4 of 9 which prevents the garage from being used for any purpose other than parking of vehicles and storage of personal property is recorded with the Los Angeles County Registrar-Recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior to the approval of a Landslide Moratorium Exception Permit for such minor projects, 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. A Landslide Moratorium Exception Permit for a project in excess of six hundred (600) square feet per parcel, which would otherwise meet the criteria of this paragraph (H) , and Section 15.20. 050, may be approved by the city council under the standards set forth in this paragraph. I. Construction of temporary minor nonresidential structures which are less than one hundred twenty (120) square feet in size, with no plumbing fixtures, and which do not increase water use, may be approved by the director, provided that a use restriction covenant, in a form acceptable to the city which prevents the structure from being used for any purpose other than a non- habitable use is recorded with the Los Angeles County Registrar- Recorder. Prior to approval of the application, 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. J. Submittal of a lot line adjustment application. K. The construction of residential buildings, accessory structures, pools/spas, and grading in the area outlined in blue 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. 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 sanitary sewers. Prior to the 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. 15. 20.050 Landslide mitigation measures required. Within the landslide moratorium area as identified in Section 15.20. 020, the city shall require that appropriate landslide abatement measures be implemented as conditions of issuance of any permit issued pursuant to this Chapter. With respect to proposed projects and uses requiring a Landslide Moratorium Exception Permit pursuant to Paragraphs (B) , (H) and (K) of Section 15.20. 040, which must satisfy all of the criteria set forth in Section 15.20. 050, Ordinance No. 309 Page 5 of 9 the conditions imposed by the city shall include, but not be limited to, the following: A. If lot drainage deficiencies are identified by the director of p ublic works, all such deficiencies shall be corrected by the applicant. B. 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 P arcel is not served by sanitary sewers, septic systems shall be replaced with approved holding tank systems in which to dispose of on-site'te 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 pp • • bathroom, kitchen, Paragraph, the addition of a sink to an existing , 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. C. Roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course. D. If required by the city geotechnical staff, the applicant q geotechnical report,shall submit a soils report, and/or a geot p , for the review and approval of the city geotechnical staff. E. If the lot or parcel is not served by sanitary sewers, 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. F. If the lot or parcel is not served by sanitary sewers, 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 Y required by the city to mitigate landslide conditions. Such q covenant shall be submitted to the director prior to the issuance of a building permit. G. A hold harmless agreement satisfactory to the city attorney promising to defend, indemnify, and hold the city harmless from any claims or damages resulting from the requested project. Such agreement shall be submitted to the director prior to the issuance of a building permit. H. The applicant shall submit for recordation a covenant agreeing to construct the project strictly in accordance with the I/ g g approved plans; and agreeing to prohibit further projects on the pp p application with the director subject site without first filing an app 1 Ordinance No. 309 Page 6 of 9 pursuant to the terms of this chapter. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. I. All landscaping irrigation systems shall be part of a water management system approved by the director of public works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. J. If the project involves pools and/or spas, a leak detection system approved by the city building official shall be installed. K. All other necessary permits and approvals required pursuant to this code or any other applicable statute, law or ordinance shall be obtained. 15. 20. 060 Application. Applicants for an exception to this chapter under Section 15.20. 040(B) , (H) , and (K) , shall file an application for a Landslide Moratorium Exception Permit with the director. The application shall be signed by the property owner, and shall include the following: (A) A letter, signed by the property owner, setting forth the reason for request, as well as a full description of the project. (B) Copies of a site plan, showing accurate lot dimensions; the location, dimensions, and heights of all existing and proposed structures; and the location of the existing and proposed septic systems and/or holding tank systems. The number of copies required shall be determined by the director. (C) Information satisfactory to the city's geotechnical staff (including, but not limited to, geological, geotechnical, soils, or other reports) reasonably required by the city to demonstrate that the proposed project will not aggravate the existing situation. (D) A fee as established by resolution of the city council. (E) If grading is proposed, a grading plan showing the topography of the lot and all areas of project cut and fill, including a breakdown of the earthwork quantities. A Landslide Moratorium Exception Permit application shall become null and void, if, after submitting the required application to the director, the application is administratively withdrawn by the director because the application is allowed to remain incomplete by the applicant for a period which exceeds 180 days, or if the application is withdrawn by the applicant. 15. 20. 070 Appeals. Any interested person may appeal any decision or any condition imposed by the director to the city I/ council by filing a written request, together with an appeal fee as established by resolution of the city council, with the city within fifteen days after the decision is made. Ordinance No. 309 Page 7 of 9 15.20. 080 Expiration. A Moratorium Exception Permit shall become null and void after one hundred eighty (180) days from the date of issuance unless the planning applications necessary for the proposed project have been submitted to the director. The director may grant extensions beyond these periods for good cause. 15.20. 090 Municipal code and environmental regulations,. The building code, as amended, and existing plan checking procedures are adequate and appropriate to allow and regulate maintenance, repair, restoration, replacement, and alteration as defined in this chapter. The Administrative Code, including Sections 309 through 319 as added by Section 15. 18. 110, applies and permits are required. Nothing contained in this chapter shall except the proposed construction or use from any requirement or regulation of the building code, zoning ordinance or other ordinance of this Code or the California Environmental Quality Act. 15.20. 100 Exclusions. For a parcel of land to be excluded from the landslide moratorium area, a landowner, or his designated agent, may apply for such exclusion to the city council. A. Application. To obtain an exclusion from this chapter, an applicant shall file an application for exclusion with the director and signed by the property owner. An application shall not be deemed complete until all required geology studies have been completed and review has been completed by the city geotechnical staff. An application shall include the following: 1. The reason for the request. 2 . A legal description of the property and a map of the property. 3 . All anticipated development applications. 4 . Any existing geological or geotechnical reports or necessary geology studies as determined by the city geotechnical staff. 5. A fee as established by the city council. 6. Any additional information as determined by the director or the city geotechnical staff. 7. A completed environmental assessment. B. Public hearing. Notice shall be published in a newspaper of general circulation in the community not less than fifteen days before the date set for the city council hearings. The notice shall contain all data pertinent to the hearing. Written notice shall also be mailed not less than fifteen days before the date set for the city council hearing to owners of property shown on the last equalized assessment roll as owning real property within 500 feet of the boundaries of the subject property. C. Findings. Upon approval of a landslide moratorium exclusion, the city council shall find as follows: 1. The exclusion is consistent with the general plan and any applicable specific plan of the city, including but not limited to, the coastal specific plan of the city. 2 . The exclusion promotes the health, safety and welfare of the community. 3 . The exclusion shall not aggravate any existing geologic conditions in the area. Ordinance No. 309 Page 8 of 9 D. Conditions upon issuance of approval. In granting any exclusion under this chapter, the city council may impose such conditions as may be reasonably necessary to preserve the intent of the goals and policies of the general plan. Section 5: The City Clerk shall certify to the passage of the Ordinance and shall cause the Ordinance to be published or posted as required by law. PASSED, APPROVED AND ADOPTED this 6th day of June . 1995. :!)„=-i Mayor ATTEST: 4111- il 0111 ICl y Clerk STA E OF CALIFORNIA } COUNTY OF LOS ANGELES } SS CITY OF RANCHO PALOS VERDES } I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is four; that the foregoing Ordinance, being Ordinance No. 309, passed first reading on May 16, 1995, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 6, 1995, and that the same was passed and adopted by the following roll call vote: AYES: LYON, McTAGGART, BROOKS, AND MAYOR BYRD NOES: NONE ABSENT: NONE ABSTAIN: NONE I f TY CLERK ea ' / , ' ,' ./ DJ38•TITLE15•15200RD.RES Ordinance No. 309 Page 9 of 9 ORDINANCE NO. 309 RANCHO PALOS VERDES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on June 12, 1995 , she caused to be posted the following document entitled: AMENDING CHAPTER 15. 20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING THE MORATORIUM ON LAND USE PERMITS (CODE AMENDMENT NOS. 40 AND ENVIRONMENTAL ASSESSMENT NO. 666) . a copy of which is attached hereto, in the following locations: City Hail Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U . S . Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes . 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd . , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. (Cd-C. J 1 CITY CLERK 30940 HAWTHORNE BOULEVARD I RAI cHO PALOS VERDES. CA 90274-5391 I (213)377-0360