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ORD 357 ORDINANCE NO. 357 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, the Technical Panel of Experts recommended to the City of Rancho Palos Verdes ("City") and the Rancho Palos Verdes Redevelopment Agency ("Agency") that sanitary sewer systems should be constructed within the Landslide Moratorium Area so that water from septic systems would not enter any landslide plane and exacerbate the landslide, thereby increasing land stability and decreasing further damage to property; and, WHEREAS, pursuant to those recommendations, two sanitary sewer systems are in the process of being designed and/or built within the Landslide Moratorium Area; and, WHEREAS, once the proposed sanitary sewer systems become operational, it is vitally important that existing structures with functional plumbing fixtures which have access to a sewer line be connected to the sanitary sewer system; and, WHEREAS, on September 21, 1999, the City Council gave direction to Staff to formulate revisions to the Municipal Code in order to clarify the City's landslide moratorium regulations as they apply to accessory structures and uses; and, WHEREAS, on September 27, 1999, the City initiated Code Amendment No. 45 and Environmental Assessment No. 714 to amend Chapter 15.20 of the Rancho Palos Verdes Municipal Code, entitled "Moratorium on Land Use Permits," in order to reflect the imminent completion and availability of sanitary sewer systems in certain portions of the Landslide Moratorium Area, and to make minor clarifications and modifications to the City's landslide moratorium regulations for accessory structures and uses on developed properties; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City prepared an Initial Study pursuant to Environmental Assessment No. 714 and determined that there is no substantial evidence that the adoption of Code Amendment No. 45 would have a significant effect on the environment and, therefore, a draft Negative Declaration was prepared and notice of same was given in the manner required by law; and, WHEREAS, the City Council of the City of Rancho Palos Verdes has adopted Resolution No. 2000-35, certifying the Negative Declaration for Code Amendment No. 45 prior to the adoption of the proposed amendments to Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code; and, WHEREAS, after notice given pursuant to the State CEQA Guidelines and the Rancho Palos Verdes Municipal Code, on May 16, 2000 and June 6, 2000, the City Council considered Code Amendment No. 45 and Environmental Assessment No. 714, at which time all interested parties were given an opportunity to be heard and present evidence regarding all said amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: Section 1: The City Council has reviewed and considered the amendments to Chapter 15.20 of Title 15 of the Municipal Code. Section 2: The City Council finds that the amendments to Title 15 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans, in particular to balance the rights of property owners within the Landslide Moratorium Area to make limited, reasonable improvements to developed properties with the potential impacts resulting from these improvements upon landslide movement, soil stability and public safety within and adjacent to the Landslide Moratorium Area. Section 3: The City Council further finds that there is no substantial evidence that the amendments to Title 15 would result in significant environmental effects, or a substantial increase in the severity of such effects, as described in Environmental Assessment No. 714 and the Negative Declaration, adopted through Resolution No. 2000-35 and in conjunction with Ordinance No. 357 for amendments to Title 15 of the Municipal Code. The City Council hereby finds, based on its own independent judgement, that the facts stated in the Negative Declaration are true because the minor revisions to the Municipal Code will provide for limited, reasonable improvement of existing, developed properties without weakening the current landslide moratorium or increasing the potential for environmental impacts of future development in the City. Section 4: The City Council further finds that the amendments to Title 15 are necessary to protect the public health, safety and general welfare in the area. Section 5: For the foregoing reasons and based upon the information and findings included in the Staff reports and records of the proceedings, Sections 15.20.010, 15.20.040, 15.20.050 and 15.20.060 are amended and Section 15.20.110 is added to Title 15 of the Rancho Palos Verdes Municipal Code to read as follows: 15.20.010 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. Ordinance No. 357 Page 2 of 9 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. H. "Plumbing fixture" means a plumbing fixture as defined by the Uniform Plumbing Code, unless expressly defined otherwise in this chapter. I. "Permanent detached accessory structure" means a structure that is constructed on a permanent foundation, separate from and appurtenant to a main dwelling unit, which meets the minimum Uniform Building Code standards for human habitation, does not include any kitchen facilities and is not used as a separate dwelling unit. Acceptable structures shall include guest rooms,workshops or similar structures. J. "Served by a sanitary sewer system" means that an operational sanitary sewer system is located within the boundaries of the subject lot or parcel or is located within a thoroughfare or right-of-way that is immediately adjacent to the lot or parcel and is no more than two hundred feet from the boundary of the lot or parcel. 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 of this chapter: 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 building permit. Upon application to the director, setbacks may conform to the setbacks listed below: Ordinance No. 357 Page 3 of 9 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 subdivision(1) of this subsection; 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. Projects that are to be performed or constructed by the City or by the Rancho Palos Verdes Redevelopment Agency to mitigate the potential for landslide or to otherwise enhance public safety; F. Remedial grading to correct problems caused by landslide or to otherwise enhance public safety, performed pursuant to a permit issued pursuant to Section 17.76.040(B)(3) of this 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 or other lawfully existing non-residential structure, that involve additions to existing structures, decks or enclosed patios, and do not exceed a cumulative project(s) total of six hundred square feet per parcel, and do not involve 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 of this chapter. In addition to the six hundred square feet of additional floor area for residential structures and for other permanent detached accessory structures, the director may approve a landslide moratorium exception permit for one detached garage per parcel, which does not exceed an area of six hundred square feet, without windows or any plumbing fixtures. If the lot is served by a sanitary sewer system the permit may allow the installation of windows and plumbing fixtures. All permits shall include a requirement that a use restriction covenant in a form acceptable to the city 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 Ordinance No. 357 Page 4 of 9 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 square feet per parcel, which would otherwise meet the criteria of this subsection and Section 15.20.050 of this chapter, may be approved by the city council under the standards set forth in this subsection; Construction of temporary minor nonresidential structures which are less than one hundred twenty square feet in size, with no plumbing fixtures and which do not increase water use, may be approved by the director. If the lot is served by a sanitary sewer system, the permit may allow the installation of plumbing fixtures. All permits shall include a requirement 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 nonhabitable use, is recorded with the Los Angeles County registrar-recorder. A minor nonresidential structure is defined as temporary if the Building Code does not require it to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not be erected upon or attached to such a foundation. 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 "landslide moratorium area" as 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 of this chapter. 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 a sanitary sewer system. 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. L. Construction of permanent detached accessory structures which do not exceed a cumulative project(s) total of six hundred square feet per parcel, on lots which are currently developed with a residential structure or other lawfully existing non-residential structure; 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 of this chapter and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The approval of a landslide moratorium exception permit for such a project shall be conditioned to require that a use restriction covenant in a form acceptable to the city, which prevents the permanent detached accessory structure from being used as a separate dwelling unit, 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 permanent detached accessory structure, 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 Ordinance No. 357 Page 5 of 9 permit for a project in excess of six hundred square feet per parcel, which would otherwise meet the criteria of this subsection and Section 15.20.050 of this chapter, may be approved by the city council under the standards set forth in this subsection; M. Submittal of applications for discretionary planning permits for structures or uses which are ancillary to the primary use of the lot or parcel, where there is no possibility of any adverse impact upon soil stability. Examples of these types of applications include special use permits for minor, temporary uses and events; fence, wall and hedge permits that do not involve grading or the construction of retaining walls; permits for the keeping of large domestic animals and exotic animals; conditional use permits for the establishment of a use or activity at or on an existing structure where no structural modifications are required; and such other uses, activities and structures that the city geotechnical staff determines to have no potential for adverse impacts on landslide conditions. N. Minor projects on those lots which are currently developed with a residential structure, which do not involve new habitable space, which cannot be used as a gathering space and viewing area, and which do not constitute lot coverage. 0. Permits issued pursuant to Section 15.20.110 of this chapter to connect existing structures with functional plumbing fixtures to an operational sewer system. 15.20.050 Landslide mitigation measures required. Within the landslide moratorium area as identified in Section 15.20.020 of this chapter, 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 subsections (B), (H), (K) and (L) of Section 15.20.040, which must satisfy all of the criteria set forth in this section, 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 public 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 two hundred square feet, or could be used as a new bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with approved holding tank systems in which to dispose of on- site 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 subsection, the addition of a sink to an existing bathroom, kitchen or laundry room shall not be construed to be an additional plumbing fixture. For those projects which involve additions of less than two hundred 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. For lots or parcels which are to be served by a sanitary sewer system on or after the effective date of this ordinance (July 6, 2000), additional plumbing fixtures may be permitted and the requirement for a holding tank may be waived, provided that the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is approved and/or under construction but is not yet operational at the time that a project requiring a landslide moratorium exception Ordinance No. 357 Page 6 of 9 permit is approved, the requirement for a holding tank may be waived, provided that the lot or parcel is required to be connected to the sanitary sewer system pursuant to Section 15.20.110 of this chapter, or by an agreement or condition of project approval. 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 shall submit a soils report, and/or a geotechnical report, for the review and approval of the city geotechnical staff. E. If the lot or parcel is not served by a sanitary sewer system, 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 a sanitary sewer system, 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 required by the city to mitigate landslide conditions. Such 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 approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the director 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. 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. A. Applicants for an exception to this chapter under Section 15.20.040(B), (H), (K) and (L), 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: 1. A letter, signed by the property owner, setting forth the reason for request, as well as a full description of the project; 2. Copies of a site plan, showing accurate lot dimensions; the location, dimensions, and heights of all existing and proposed structures; the location of the existing and proposed septic systems and/or holding tank systems; and the location of the existing and/or proposed sanitary sewer system, if the site is or will be served by a sanitary sewer system. The number of copies required shall be determined by the director; Ordinance No. 357 Page 7 of 9 3. 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; 4. A fee as established by resolution of the city council; 5. 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. B. 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 one hundred eighty days, or if the application is withdrawn by the applicant. 15.20.110 Required connection to operational sanitary sewer system. Any owner of a lot or parcel within the "landslide moratorium area," as outlined in red on the landslide moratorium map on file in the director's office, which is developed with a residential structure or any other structure that contains one or more operational plumbing fixtures and is served by a sanitary sewer system, as defined in this Chapter, shall connect such structure(s) to the sanitary sewer system within six months after the commencement of operation of the sanitary sewer system. Either the director or the director of public works shall determine whether a lot or parcel is served by a sanitary sewer system, whether a structure contains one or more operational plumbing fixtures, or whether the connection to the sewer system is performed properly, including, without limitation, removal, or the discontinuation of the use, of any existing septic system. Section 6: Any new rights granted under the terms of Title 15 of the Rancho Palos Verdes Municipal Code after the effective date of this Ordinance shall apply to all development applications submitted on or after the effective date of this Ordinance. Section 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner prescribed by law. Ordinance No. 357 Page 8 of 9 PASSED, APPROVED AND ADOPTED this 6th day of June 2000. MA, ATTEST: 1 Air A /hire& Cl Y CLERK STATE 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 five; that the foregoing Ordinance No. 357 passed first reading on May 16, 2000, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 6, 2000, and that the same was passed and adopted by the following roll call vote: AYES: Mayor Pro Tem Lyon, Councilmembers Ferraro, McTaggart and Stern, and Mayor Byrd NOES: none ABSENT: none ABSTAIN: none CITY CLERK M:\Projects\CA 45_EA 714(RPV-Moratorium)\Ordinance 357.doc Ordinance No. 357 Page 9 of 9 jill! 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 15, 2000 , she caused to be posted the following document entitled: ORDINANCE NO. 357 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS OF THE RANCHO PALOS VERDES MUNICIPAL CODE. a copy of which is attached hereto, in the following locations: City Hall 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. Ryan Park Rancho Palos Verdes 30359 Hawthorne Blvd., Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affadavit of posting. I P , f . _ . , __ 1 0 0 ICity Clerk W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv