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ORD 387 ORDINANCE NO. 387 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING DISCLOSURE REQUIREMENTS FOR GEOLOGICAL CONDITIONS IN CONNECTION WITH APPLICATIONS FOR PERMITS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Chapter 15.38 to read as follows: "Chapter 15.38 Disclosure of Geological Conditions Sections: 15.38.010 Complete disclosure of geological conditions required. 15.38.010. Complete disclosure of geological conditions required. Whenever any provision of this Title requires, or authorizes the City to require, the preparation of a geological or geotechnical report to evaluate the effect of any proposed building, grading and/or construction or the proposed use of a site, as part of such geological review the property owner shall disclose all of the following information: (1) The identity of every licensed geological or geotechnical professional that has been engaged, hired or consulted (hereafter collectively referred to as"engaged")to study the geological condition of the property by any of the following: (a)the owner of the property that is the subject of the application; (b)the applicant, if different from the property owner; (c) any agent or representative of the owner or applicant, including any real estate licentiate or attorney; and (2) Any evidence, whether written or oral, documenting data gathered by or the impressions and/or conclusions of the geological or geotechnical professionals identified in subparagraph (1). Such evidence includes, but is not limited to, statements made by the geological or geotechnical professionals, written notes, reports, draft reports, and field logs; and (3) All known geological data regarding the property, including any reports or analyses obtained by prior owners of the property that is the subject of the application or by prior applicants, if such reports or analyses have been disclosed or made available to the current property owner or the applicant, regardless whether such data was relied upon by the property owner or the applicant or by the geological or geotechnical professionals identified in subparagraph (1); and (4) If the current property owner or applicant replaced any licensed geologist or geotechnical professional identified in subparagraph (1), an explanation regarding the reasons why that geologist or geotechnical professional was replaced. The explanation must include an affidavit or declaration signed under penalty of perjury stating whether the geologist or geotechnical professional was replaced in whole or in part because the geologist or geotechnical professional provided information that might adversely affect the application; and (5) Whether any licensed geologist or geotechnical professional that has been engaged by the property owner disagreed with or questioned any conclusions contained in any report identified in subparagraphs (2) or(3)." Section 2. Title 16 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Chapter 16.36 to read as follows: "Chapter 16.36 Disclosure of Geological Conditions Sections: 16.36.010 Complete disclosure of geological conditions required. 16.36.010. Complete disclosure of geological conditions required. Whenever any provision of this Title requires, or authorizes the City to require, the preparation of a geological or geotechnical report to evaluate the effect of any proposed building, grading and/or construction or the proposed use of a site, as part of such geological review the property owner shall disclose all of the following information: (1) The identity of every licensed geological or geotechnical professional that has been engaged, hired or consulted (hereafter collectively referred to as "engaged")to study the geological condition of the property by any of the following: (a)the owner of the property that is the subject of the application; (b)the applicant, if different from the property owner; (c) any agent or representative of the owner or applicant, including any real estate licentiate or attorney; and (2) Any evidence, whether written or oral, documenting data gathered by or the impressions and/or conclusions of the geological or geotechnical professionals identified in subparagraph (1). Such evidence includes, but is not limited to, statements made by the geological or geotechnical professionals, written notes, reports, draft reports, and field logs; and (3) All known geological data regarding the property, including any reports or analyses obtained by prior owners of the property that is the subject of the application, or by prior applicants, if such reports or analyses have been disclosed or made available to the current property owner or the applicant, regardless whether such data was relied upon by the property owner or the applicant or by the geological or geotechnical professionals identified in subparagraph (1); and (4) If the current property owner or applicant replaced any licensed geologist or geotechnical professional identified in subparagraph (1), an explanation regarding the reasons why that geologist or geotechnical professional was replaced. The explanation must include an affidavit or declaration signed under penalty of perjury stating whether the geologist or geotechnical professional was replaced in whole or in part because the geologist or geotechnical professional provided information that might adversely affect the application; and (5) Whether any licensed geologist or geotechnical professional that has been engaged by the property owner disagreed with or questioned any conclusions contained in any report identified in subparagraphs (2) or(3)." Ordinance No. 387 Page 2 of 4 Section 3. Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 17.76.160 to Chapter 17.76 to read as follows: "17.76.160. Disclosure of geological conditions. Whenever any provision of this Title requires, or authorizes the City to require, the preparation of a geological or geotechnical report to evaluate the effect of any proposed building, grading and/or construction or the proposed use of a site, as part of such geological review the property owner shall disclose all of the following information: (1) The identity of every licensed geological or geotechnical professional that has been engaged, hired or consulted (hereafter collectively referred to as "engaged")to study the geological condition of the property by any of the following: (a)the owner of the property that is the subject of the application; (b) the applicant, if different from the property owner; (c)any agent or representative of the owner or applicant, including any real estate licentiate or attorney; and (2) Any evidence, whether written or oral, documenting data gathered by or the impressions and/or conclusions of the geological or geotechnical professionals identified in subparagraph (1). Such evidence includes, but is not limited to, statements made by the geological or geotechnical professionals, written notes, reports, draft reports, and field logs; and (3) All known geological data regarding the property, including any reports or analyses obtained by prior owners of the property that is the subject of the application, or by prior applicants, if such reports or analyses have been disclosed or made available to the current property owner or the applicant, regardless whether such data was relied upon by the property owner or the applicant or by the geological or geotechnical professionals identified in subparagraph (1); and (4) If the current property owner or applicant replaced any licensed geologist or geotechnical professional identified in subparagraph (1), an explanation regarding the reasons why that geologist or geotechnical professional was replaced. The explanation must include an affidavit or declaration signed under penalty of perjury stating whether the geologist or geotechnical professional was replaced in whole or in part because the geologist or geotechnical professional provided information that might adversely affect the application; and (5) Whether any licensed geologist or geotechnical professional that has been engaged by the property owner disagreed with or questioned any conclusions contained in any report identified in subparagraphs (2) or(3)." Section 4. Title 1 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 1.08.030 to Chapter 1.08 to read as follows: "1.08.030. False Information — Fraud. If an applicant supplies false or fraudulent information in an application for a permit pursuant to any provision of this Code, such action may constitute grounds for denying the application. If a permit is issued on the basis of false or fraudulent information supplied by the applicant, the permit may be revoked or suspended in accordance with the same procedures for approving such permit." Ordinance No. 387 Page 3 of 4 Section 5. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. PASSED, APPROVED AND ADOPTED, this 7th day of V'ta ry 2003. A. ),.i y Mayo Attest: of City 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. 387 passed first reading on December 17, 2002, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on January 7, 2003, and that the same was passed and adopted by the following roll call vote: AYES: Clark, Ferraro, Gardiner, McTaggart, and Mayor Stern NOES: None ABSENT: None ABSTAIN: None d j City Clerk Ordinance No. 387 Page 4 of 4 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 January 9, 2003, she caused to be posted the following document entitled: Ordinance No. 387 — Disclosure Requirements for Geological Conditions, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Ryan Park Hesse Park 30359 Hawthorne Blvd. 29301 Hawthorne Blvd. Rancho Palos Verdes Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. 1 # e / , , / i , City Clerk W:\Ordinances\affidavits\Ordinance 387-Disclosure Requirements for Geological Conditions.doc