ORD 573 ORDINANCE NO. 573
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 (`R') TO ALLOW THE CONSTRUCTION OF BARNS,
OR OTHER SIMILAR NON-HABITABLE STRUCTURES, USED FOR THE SOLE
PURPOSE OF HOUSING ANIMALS WITHIN THE CITY'S LANDSLIDE
MORATORIUM AREA.
WHEREAS, on April 21, 2015, the City Council directed Staff to prepare a Code
Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of the City's Municipal Code to
allow the construction of barns, or other similar non-habitable structures, used for the sole purpose
of housing animals on developed lots within the City's landslide moratorium boundary, provided the
code language does not permit the conversion of said structures to habitable area in the future; 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 exception applies to the proposed code amendment
as the amendment would only permit minor alteration (minor construction of non-habitable structure
on an existing, developed residential lot for the keeping of animals in an equestrian district) 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 permit small structures on developed lots, and only after
demonstrating to the City's geologist that the minor construction will not aggravate the existing
situation; and,
WHEREAS, as a result of discussions between City Staff and the City's Geologist, it was
agreed that minor projects that allow the construction of barns, or other similar non-habitable
structures, used for the sole purpose of housing animals could be permitted within the City's
landslide moratorium area, provided the structures are constructed on a property that is lawfully
developed with a single-family residence, will not exceed a maximum roofed area of 1,600 square
feet, and are served by a sanitary sewer system, are not fully enclosed and all spaces within said
structure remain open to the air along one façade, 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
proposed 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 additions to properties that are already developed with a residential structure that is served by a
sanitary sewer system, do not exceed a maximum roofed area of 1,600 square feet, and are not
fully enclosed so that they must be open to the air along a minimum of one exterior façade.
Section 5: The City Council further finds that the amendments to Chapter 15.20 of Title
15 of the Municipal Code will 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 submittal of plans into
Planning for entitlements or Building and Safety for permits.
Section 6: Based upon the foregoing, Paragraph R 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:
R. The construction of a barn or other similar non-habitable structure(s) used for the
sole purpose of housing animals on lots that are currently legally developed with a
residential structure. Said non-habitable structures shall only be permitted on lots
that are served by a sanitary sewer system, shall not exceed a maximum roofed
area of 1,600 square feet, and shall not count against the 1,200 square foot
limitation set forth in Paragraphs 'H' and 'K' of this Section. A use restriction
covenant, in a form acceptable to the City Attorney, which prevents the structure
from being used for any purpose other than a non-habitable use for animal keeping,
shall be recorded with the Los Angeles County Registrar-Recorder against the title
to said property. Said non-habitable structures shall be constructed and maintained
so that the structure(s), and all interior spaces of said structure(s), are not fully
enclosed and at least one wall along one exterior façade is open to the air at all
times. Prior to approval of an 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 non-
habitable structure will not aggravate the existing situation:
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 requests
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
Ordinance No. 573
Page 2 of 3
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.
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 4TH day of August 2015.
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ATTEST:
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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, hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No.
573 passed first on July 21, 2015, was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on August 4, 2015, and that the same was passed and
adopted by the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Knight
NOES: None
ABSENT: Duhovic
ABSTAIN: None 41111)
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City Clerk
Ordinance No. 573
Page 3 of 3
CITY OF 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 August 7, 2015, she caused to be posted the following document
entitled: ORDINANCE NO. 573,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
(`R') TO ALLOW THE CONSTRUCTION OF BARNS, OR OTHER SIMILAR
NON-HABITABLE STRUCTURES, USED FOR THE SOLE PURPOSE OF
HOUSING ANIMALS 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.
City Clerk