ORD 526 ORDINANCE NO. 526
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REPEALING URGENCY ORDINANCE NO. 459U, ORDINANCE NO.
427U AND URGENCY ORDINANCE NO. 439U AND AMENDING
SECTION 15.20.040 AND SECTION 15.20.050 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE.
WHEREAS, in September 1978, the City Council adopted Urgency
Ordinance No. 108U, which established the Landslide Moratorium Area in a
portion of the City, as depicted on a map that is on file in the City's Department of
Planning, Building and Code Enforcement; and
WHEREAS, in February 1981, the City Council adopted Ordinance No.
139U, which added the area known as Klondike Canyon to the Landslide
Moratorium Area, which is described as the area outlined in red on the map that
is on file in the City's Department of Planning, Building and Code Enforcement;
and
WHEREAS, in September 1989, the City Council adopted Ordinance No.
247, which added a new provision to the Landslide Moratorium Ordinance that
provided the possibility for more intense development than previously was
permitted in the Klondike Canyon Area, as outlined in blue on the map that is on
file in the City's Department of Planning, Building and Code Enforcement ("Blue
Area"); and
WHEREAS, in May 2005, following the unusual winter rains during the
winter of 2004-2005, the first indications that the Blue Area may be experiencing
landslide movement appeared; and
WHEREAS, in October 2005, the City received a report from the City
Geologist, who was reviewing a proposed development in the Blue Area, that
discussed the issue of landslide movement in the Blue Area; and
WHEREAS, based on the new evidence of landslide movement in the
Blue Area, the City Council has asked the City Geologist to determine whether
the more flexible development standards that had been allowed in the Blue Area
since 1989 should be repealed so that the Blue Area will be subject to the same
development criteria that are applicable to the other areas that are subject to the
Landslide Moratorium Ordinance, as was the case from February 1981 through
September 1989; and,
WHEREAS, on November 15, 2005, the City Council adopted Urgency
Ordinance No. 427U, which established a 60-day moratorium on the processing
and issuance of building, grading or other permits, and landslide moratorium
exception permits and the processing or approval of Environmental
Assessments, Environmental Impact Reports, Conditional Use Permits, height
variation applications, tentative maps or parcel maps in the Blue Area and
temporarily suspended Section 15.20.040 K of the Rancho Palos Verdes
Municipal Code pending the completion of new geological data to determine
whether construction in the Blue Area is safe in light of the newly observed
instability or if the proposed development could adversely impact the stability of
said Area; and,
WHEREAS, because the Global Positioning System ("GPS") Data still was
being collected, and the City Geologist still was in the process of completing the
review of that data to assess the potential impacts of construction in the Blue
Area upon the overall stability of said Area and upon the public health, safety and
welfare and, accordingly, needed additional time to complete that review before
determining if the moratorium imposed by Ordinance 427 U should be lifted,
resulting in several extensions of the moratorium by the City Council; and
WHEREAS, because the City Geologist's report was completed and was
presented to the City Council, and the City Council elected to hold a study
session on October 7, 2006, where additional questions were posed by the City
Council; and
WHEREAS, following the study session, the City Geologist issued a
report, which was subsequently reviewed by a three-member peer review panel,
and because additional time was required for that process to occur, the City
Council further extended the Moratorium that was established by Ordinance
427U, Ordinance No. 439U, so that the last extension will expire on June 22,
2007; and
WHEREAS, on June 5, 2007, the City Council adopted Ordinance No.
459U, to memorialize the changes that were to be made to the Landslide
Moratorium Ordinance (Chapter 15.20 of the Municipal Code) to reflect the
recommendations of the City Geologist; and
WHEREAS, the City Council wishes to adopt a non-urgency version of
Ordinance No. 459U, and an additional revision that expressly precludes
swimming pools and spas within the Landslide Moratorium Area so that there is
no question about the changes that the City Council approved previously in
Ordinance No. 459U and that those changes were intended to be incorporated
into Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Rancho Palos Verdes hereby
repeals Urgency Ordinance No. 459U, Ordinance No. 427U; Urgency Ordinance
432U; Urgency Ordinance 438U and Urgency Ordinance No. 439 U and all of the
1396614v2 Ordinance No. 526
Page 2 of 5
ordinances that extended any of those ordinances, including Ordinance No.
440U, 448U, 452U, and 457U.
SECTION 2. Paragraph H of Section 15.20.040 of Chapter 15.20 of Title
15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows:
"H. Minor projects on a lot that is in the `landslide moratorium area,' as
outlined in red on the landslide moratorium map on file in the director's office,
and currently is developed with a residential structure or other lawfully existing
nonresidential structure and involves an addition to an existing structure,
enclosed patio, conversion of an existing garage to habitable space or
construction of a permanent attached or detached accessory structure and does
not exceed a cumulative project(s) total of one thousand two hundred square feet
per parcel; 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 and does not include any additional plumbing fixtures, unless
the lot is served by a sanitary sewer system. The one thousand two hundred
square foot limitation on cumulative projects that can be approved on a lot
pursuant to this subsection includes the construction of a new garage, which can
be approved pursuant to subsection L of this section. November 5, 2002, is the
date that shall be used for determining the baseline square footage, based upon
city and county building permit records, for purposes of calculating the square
footage of any cumulative project(s) and of any additions that may be
constructed pursuant to this subsection H. Minor projects involving the
construction of an enclosed permanent detached accessory structure shall
include a requirement that a use restriction covenant, in a form acceptable to the
city, that prevents the enclosed permanent detached accessory structure from
being used as a separate dwelling unit is recorded with the Los Angeles County
register-recorder. Such covenant shall be submitted to the director prior to the
issuance of a building permit. Prior 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;"
SECTION 3. Paragraph K of Section 15.20.040 of Chapter 15.20 of Title
15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows:
"K. Minor projects on a lot that is in the `landslide moratorium area,' as
outlined in blue on the landslide moratorium map on file in the director's office,
and currently is developed with a residential structure or other lawfully existing
nonresidential structure and involves an addition to an existing structure,
enclosed patio, conversion of an existing garage to habitable space or
construction of a permanent attached or detached accessory structure and does
1396614v2 Ordinance No. 526
Page 3 of 5
not exceed a cumulative project(s) total of one thousand two hundred square feet
per parcel; 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 and does not include any additional plumbing fixtures, unless
the lot is served by a sanitary sewer system. The one thousand two hundred
square foot limitation on cumulative projects that can be approved on a lot
pursuant to this subsection includes the construction of a new garage, which can
be approved pursuant to subsection L of this section. November 5, 2002, is the
date that shall be used for determining the baseline square footage, based upon
city and county building permit records, for purposes of calculating the square
footage of any cumulative project(s) and of any additions that may be
constructed pursuant to this subsection K. Minor projects involving the
construction of an enclosed permanent detached accessory structure shall
include a requirement that a use restriction covenant, in a form acceptable to the
city, that prevents the enclosed permanent detached accessory structure from
being used as a separate dwelling unit is recorded with the Los Angeles County
register-recorder. Such covenant shall be submitted to the director prior to the
issuance of a building permit. Prior 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;"
SECTION 4. Paragraph N of Section 15.20.040 of Chapter 15.20 of Title
15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows:
"N. Minor projects on those lots that are currently developed with a
residential structure,.which do not involve new habitable space or the addition of
a swimming pool or spa, which cannot be used as a gathering space and viewing
area, and which do not constitute lot coverage;"
SECTION 5. Paragraph J of Section 15.20.050 of Chapter 15.20 of Title
15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as
follows:
"J. If the lot or parcel is served by a sanitary sewer system, the sewer
lateral that serves the applicant's property shall be inspected to verify that there
are no cracks, breaks or leaks and, if such deficiencies are present, the sewer
lateral shall be repaired or reconstructed to eliminate them, prior to the issuance
of a building permit for the project that is being approved pursuant to the
issuance of the moratorium exception permit."
SECTION 6. Other than Landslide Moratorium Exception Permit (Case
No. Zon2011-00181) that was issued by the Community Development Director
and other related permits to approve an after-the-fact spa, which replaces a pre-
1396614v2 Ordinance No. 526
Page 4 of 5
existing spa, at 46 Seawall Road; the building permit and other permits that were
issued by the City prior to June 5, 2007, to construct the home at 4369 Dauntless
Drive, and any other home where above-ground construction work had been
performed in substantial reliance on a building permit that had been issued by
the City as of June 5, 2007, and the planning approval and other permits that had
been issued by the City as of June 5, 2007, for the construction of the house
located at 4342 Admirable Drive, which shall not be affected by the provisions of
this Ordinance, any building or grading permit, landslide moratorium exception
permit, or other permit for new construction in the Landslide Moratorium Area,
which had been previously granted by the City but which has not been acted
upon in substantial reliance by the holder thereof as of June 5, 2007, is
suspended indefinitely. Construction in reliance on any such suspended permit
shall be prohibited unless and until the City lifts the suspension.
PASSED, APPROVED AND ADOPTED this 18t d; - of ' ctober 20
Mayor
Attest:
44iL, Cz7oiMLLk
CAA
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, 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. 526 passed first reading on October 4,
2011, was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on October 18, 2011, and that the same was passed and
adopted by the following roll call vote:
AYES: Misetich, Stern, Wolowicz and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
-
City Clerk
1396614v2 Ordinance No. 526
Page 5 of 5
j11!
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 October 19, 2011, she caused to be posted the following document entitled:
ORDINANCE NO. 526, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING URGENCY ORDINANCE NO. 459U, ORDINANCE NO.427U
AND URGENCY ORDINANCE NO. 439U AND AMENDING SECTION 15.20.040
AND SECTION 15.20.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.,
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
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
& CiAA
Z e ///g)W dfe-
City Clerk