ORD 552 ORDINANCE NO. 552
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 TO ESTABLISH AN EXCEPTION CATEGORY TO ALLOW
MINOR, NON-REMEDIAL GRADING ON LOTS DEVELOPED WITH A
RESIDENTIAL STRUCTURE OR OTHER LAWFULLY EXISTING NON-
RESIDENTIAL STRUCTURE WITHIN THE CITY'S LANDSLIDE
MORATORIUM AREA.
WHEREAS, on October 1, 2013, the City Council initiated a Code Amendment
to Chapter 15.20 (Moratorium on Land Use Permits) of the City's Municipal Code to
allow minor grading on developed lots within the City's landslide moratorium boundary
to a cumulative maximum of 50 cubic yards per lot, provided all proposed grading is
balanced on site and there would be no imported materials as a result of the non-
remedial grading; 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 of Rancho Palos Verdes determines that the
proposed Code Amendment is exempt from CEQA pursuant to Section 15301 (Existing
Facilities), which applies to the "operation, repair, maintenance, permitting, leasing,
licensing or minor alteration of existing public or private structures, facilities, mechanical
equipment or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency's determination." The proposed
code amendment would only permit minor alteration (minor grading) of existing
developed lots which would result in a negligible expansion of the existing residential
use. Furthermore, the proposed code amendment is exempt from CEQA pursuant to
Section 15061.b.3, as the proposal does not have the potential to cause a significant
effect on the environment, since the proposed code amendment will only allow minor
grading that is less than 50 cubic yards on developed lots and only after demonstrating
to the City's geologist that the grading will not aggravate the existing landslide situation;
and,
WHEREAS, as a result of discussions between City Staff, the City Attorney, and
the City's Geologist, it was agreed that minor, non-remedial grading could be performed
within the City's landslide moratorium area, provided the grading did not exceed a
cumulative maximum total of 50 cubic yards per parcel, and a geotechnical or geology
study is submitted to the City to demonstrate to the satisfaction of the City's
geotechnical staff that the proposed project would not aggravate the existing landslide
situation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the proposed
amendments to Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the proposed amendments to Chapter
15.20 of Title 15 of the Municipal Code are consistent with the Rancho Palos Verdes
General Plan in that they uphold, and do not hinder, the goals and policies of those
plans, in particular to balance the rights of owners of developed properties within the
Landslide Moratorium Area to make reasonable use of their properties while limiting the
potential impacts resulting from such use upon landslide movement, soil stability and
public safety within and adjacent to the Landslide Moratorium Area.
Section 4: The City Council further finds that there is no substantial evidence
that the further amendments to Title 15 would result in new significant environmental
effects, or a substantial increase in the severity of the effects, since the new
amendments still provide regulations that would minimize impacts to properties within
the City and the environment by limiting the grading to a cumulative maximum total of
50 cubic yards per parcel, which is defined as minor grading within the City's
development code. Any proposed grading within the City's landslide moratorium area
would be required to be balanced on site and the import of other materials as fill would
be prohibited.
Section 5: The City Council further finds that the amendments to Chapter
15.20 of Title 15 of the Municipal Code are necessary to protect the public health,
safety, and general welfare in the area and any proposed minor grading project that is
subject to a Planning or Building permit would require approval of a geotechnical or
geology report by the City's Geologist prior to issuance of a Landslide Moratorium
Exception Permit.
Section 6: Based upon the foregoing, Paragraph Q is hereby added to Section
15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code to
read as follows:
Q. Non-remedial grading, up to a cumulative maximum total of 50 cubic yards of grading
per legal lot, on lots developed with a residential structure or other lawfully existing
non-residential structure, provided that the grading is balanced on site with no
imported material and provided the appropriate geological or geotechnical studies
are submitted to demonstrate to the satisfaction of the city's geotechnical staff that
the proposed grading will not aggravate the existing landslide situation.
Section 7: Based upon the foregoing, Paragraph A of Section 15.20.060 of
Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby
amended to include Paragraph Q of Section 15.20.040 by reference to read as follows:
A. Applicants for an exception to this chapter under Sections 15.20.040(B), (H), (K), (L)
and(P), and(Q), shall file an application for a landslide moratorium exception permit
Ordinance No. 552
Page 2 of 4
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;
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.
Section 8: The amendments to Chapter 15.20, Title 17 of the Rancho Palos
Verdes Municipal Code as identified herein shall apply to all Landslide Moratorium
Exception Permits submitted after the effective date of this ordinance.
Section 9: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The
City Council hereby declares that it would have adopted this ordinance, and each and every
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
Section 10,: 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 of Rancho Palos Verdes.
Ordinance No. 552
Page 3 of 4
Section 11: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31st day after its passage.
PASSED, APPROVED and ADOPTED this 3rd day of December 2013.
I la
Mayor
ATTEST:
.(-41,a9A -bL&-e-(
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 numbers of the City Council of said City is five; that the foregoing
Ordinance No. 552 passed first reading on November 19, 2013, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on December
3, 2013 by the following vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
ABSTAIN: Knight
.i
City Clerk
Ordinance No. 552
Page 4 of 4
ji!
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 December 5, 2013, she caused to be posted the following document
entitled: ORDINANCE NO. 552, 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 TO ESTABLISH AN EXCEPTION CATEGORY
TO ALLOW MINOR, NON-REMEDIAL GRADING ON LOTS DEVELOPED
WITH A RESIDENTIAL STRUCTURE OR OTHER LAWFULLY EXISTING
NON-RESIDENTIAL STRUCTURE WITHIN THE CITY'S LANDSLIDE
MORATORIUM AREA, 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.
c._. —
4vc City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.552.doc