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ORD 276 ORDINANCE NO. 276 I/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDMENT TO CHAPTER 15.20 OF THE MUNICIPAL CODE. WHEREAS, on September 3, 1991, the City Council directed Staff to prepare an amendment to Chapter 15.20 of the City's Municipal Code, entitled "Moratorium on Land Use Permits; and WHEREAS, a Subcommittee of the City Council and Planning Commission held workshops on September 13, 25 and October 2, 1991 and which Subcommittee gave direction and made decision upon formulation of the amendment; and WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission public hearings were held on October 8 and 22, 1991, at which time all interested parties were given an opportunity to be heard and present evidence regarding the amendment; and WHEREAS, Environmental Assessment No. 629 was prepared in accordance with the State of California Environmental Quality Act and the State of California Environmental Quality Act Guidelines for said amendment, after which a Draft Negative Declaration was prepared; and WHEREAS, the City issued a public notice for the determination of a Draft Negative Declaration on October 5, 1991 which public comment period ran for 30 days, through November 4, 1991; and WHEREAS, on October 22, 1991, the Planning Commission adopted P.C. Resolution No. 91-57, recommending to the City Council certification of the Draft Negative Declaration and P.C. Resolution No. 91-58, recommending to the City Council approval of the amendment to Chapter 15.20; and WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council public hearing was held on November 19, 1991, at which time all interested parties were given an opportunity to be heard and present evidence regarding the amendment; and WHEREAS, on December 3, 1991, the City Council adopted Resolution No. 91-88 certifying the Negative Declaration and introduced this ordinance for first reading. 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 amendment to Chapter 15.20 of the Municipal Code. Section 2 : The City Council finds that the amendment to Chapter 15.20 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans, in particular to 1/ carefully control and direct future growth towards making a positive contribution to all elements of the community. Section 3 : The City Council finds that the amendment to Chapter 15.20 is substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendment to Chapter 15.20 be construed as a restatement and continuation of these previous provisions and not as a new enactment. Section 4 : The City Council further finds that the amendment to Chapter 15. 20 is necessary to preserve the public health, safety, and general welfare in the area. Section 5: For the foregoing reasons and based on the information and findings included in the staff reports and records of the proceedings, the City Council does hereby ordain the adoption of the amendment to Chapter 15.20 of the Rancho Palos Verdes Municipal Code as attached hereto as Exhibit "A" and incorporated herein by this reference. Section 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 17th day of December, 1991. /9' Alt wr MAY•R woofor ATTEST: AO, CITY CLE' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS I/ CITY OF RANCHO PALOS VERDES) Ordinance No. 276 page 2 of 9 I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City I/ Council of said City is five; that the foregoing Ordinance No. 276, passed first reading on December 3, 1991, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on December 17, 1991, and that the same was passed and adopted by the following roll call vote: AYES: BACHARACH, RYAN, KUYKENDALL, MAYOR PRO TEM BROOKS, AND MAYOR McTAGGART NOES: NONE ABSENT: NONE ABSTAIN: NONE tAL_i C Y CLERIC 1/ Ordinance No. 276 page 3 of 9 Chapter 15. 20 of the Municipal Code shall read as follows: Chapter 15.20 MORATORIUM ON LAND USE PERMITS I/ Sections: 15.2 0. 010 Definitions. 15.20. 020 New construction permits not issued. 15.20.030 Revocation of unused permits. 15.20. 040 Exceptions. 15. 20. 050 Applications, permits and conditions. 15. 20. 060 Building code applicability and nonsuit covenant. 15. 20. 070 Landslide mitigation measures required. 15.20. 080 Exclusions. 15. 2 0. 010 Definitions. The following definitions shall apply to this chapter: A. "Alter" is 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. "Maintenance" is to keep in a particular safe condition. C. "Repair" is to bring back to a safe condition after partial decay or destruction. D. "Replacement" is to exchange a damaged portion for a new equivalent portion without changing form or function. For a dwelling it is to construct a new portion of a dwelling to substitute for that existing prior to damage. E. "Restoration" is to bring back to the original condition. 15. 20. 020 New construction permits not issued. Notwithstanding any other ordinance or code of the city, the city declares a moratorium on the filing, processing, approval or issuance of building, grading or other permits, environmental assessments, environmental impact reports, conditional use permits, tentative maps or parcel maps in the area of the city identified as I/ the "landslide moratorium" area as outlined in red on the "landslide moratorium map" on file in the office of the director of environmental services of the city. Exhibit "A," Ordinance No. 276 page 4 of 9 15.20. 030 Revocation of unused permits. Any building, grading permit or other permit for new construction in the landslide moratorium area which has been previously granted by the city but which has not been acted upon in substantial reliance by the holder thereof is hereby revoked. I/ 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: 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 approval for such construction, the applicant shall submit to the city geologist any geological or geotechnical studies reasonably required by the city geotechnical staff and the applicant shall comply with the conditions set forth in Section 15.20. 070 of this Code and shall substantially repair the geologic condition in a manner approved by the city geotechnical staff. Setbacks may be waived upon application to the director of environmental services and may be expanded to conform to the setbacks listed below: 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 approval for such construction, the applicant shall comply with the conditions I/ set forth in Section 15.20. 070.E of this Code. Setbacks may be waived upon application to the director of environmental services and may be expanded to conform to the setbacks listed in Section 15.20.040.81. C. Permits for structures existing prior to October 5, 1978 for which permits were not previously granted. Such permits may Exhibit "A," Ordinance No. 276 page 5 of 9 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. City council or city redevelopment agency board-approved projects to mitigate the potential for landslide. I/ F. Remedial grading to correct problems caused by landslide, as per Section 17.76. 040. G. Minor projects, not exceeding six hundred square feet per parcel, with no new bathroom or kitchen fixtures not involving new buildings. Such minor projects may be approved by the director of environmental services provided that sufficient geological or geotechnical information is submitted by the applicant and approved by the city geotechnical staff indicating that the project will not aggravate the existing situation. One detached garage per parcel may be approved not exceeding an area of six hundred square feet, without windows, provided that a use restriction covenant in a form acceptable to the city preventing 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. An application for a minor project in excess of six hundred square feet per parcel which would otherwise meet the criteria of this subsection 15.20. 040.G may be approved by the city council under the standards of this subsection 15. 20. 040.G. H. Construction of temporary minor nonresidential structures which do not increase water use, provided that sufficient geological or geotechnical information is submitted by the applicant and approved by the city geotechnical staff indicating that the project will not aggravate the existing situation. I. Submittal of a lot line adjustment application. J. Issuance of permits for the construction of residential buildings and accessory structures in the area outlined in green on the landslide moratorium map on file in the environmental services' office. Such permits shall be issued only if all applicable requirements of this code are satisfied, the parcel is served by sanitary sewers, and the conditions set forth in Section 15. 20. 070 are met. 15.20. 050 Applications, permits and conditions. Nothing contained in this section shall except the proposed construction or use from any requirement or regulation of the building code, zoning ordinance or other ordinance of this Code or the California Environmental Quality Act. Conditions may be attached to such Exhibit "A," Ordinance No. 276 page 6 of 9 permits, such as nonsuit covenants and sewer assessment agreements. All applicants for permits or approvals under this chapter as amended shall submit to the city a hold harmless agreement satisfactory to the city attorney promising to defend, indemnify, and hold the city harmless from any claims or damages resulting I/ from the requested activity. 15.20. 060 Building code applicability and nonsuit covenant required. The building code, as amended, and existing plan checking procedures are adequate and appropriate to allow and regulate maintenance, repair, restoration, replacement, and alteration as defined in this chapter. The Administrative Code, including Sections 309 through 319 as added by Section 15. 18. 110, applies and permits are required. A nonsuit covenant must be filed with the city releasing the city of responsibility related to whatever hazard may exist. 15. 20. 070 Landslide mitigation measures required. Within the landslide moratorium area as identified in Section 15.20. 020, the building official shall require that appropriate landslide abatement measures be taken as a condition of permit issuance. Such measures shall include, but not be limited to: A. All lot drainage deficiencies, if any, identified by the director of public works shall be corrected. B. Septic systems shall be replaced with approved holding tank systems in which to dispose of on-site waste water or other approved ground water mitigation measures of equivalent effectiveness shall be implemented. 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. If a soils report is required, the city geotechnical staff shall specify in writing the reasons for requiring the report and the issues the report must address. The report shall be prepared in a form satisfactory to the city's geotechnical staff and the applicant shall comply with all recommendations of the city's geotechnical staff. E. An agreement to support and participate in sewer and storm I/ drain assessment districts and other geological and geotechnical hazard abatement measures shall be signed by the applicant. F. All landscaping irrigation systems shall be part of a water management system approved by the director of public works. Exhibit "A," Ordinance No. 276 page 7 of 9 G. In the case of pools and spas, a leak detection system approved by the director of public works shall be installed. H. All other necessary permits and approvals required pursuant to this Code or any other applicable statute law or ordinance shall be obtained. 15. 20. 080 Exclusions. For a parcel of land to be excluded from the landslide moratorium area, a landowner, or his designated I/ agent, may apply for such exclusion to the city council. A. Application. To obtain an exclusion from this chapter, an applicant shall file an application for exclusion with the director and signed by the property owner. An application shall not be deemed complete until all required geology studies have been completed and review has been completed by the city geotechnical staff. An application shall include the following: 1. The reason for the request. 2 . A legal description of the property and a map of the property. 3 . All anticipated development applications. 4 . Any existing geological or geotechnical reports or necessary geology studies as determined by the city geotechnical staff. 5. A fee as established by the city council. 6. Any additional information as determined by the director or the city geotechnical staff. 7. A completed environmental assessment. B. Public hearing. Notice shall be given pursuant to Section 17.80. 080 not less than fifteen days before the date set for the city council hearing. Notwithstanding any provision of Section 17 .80. 080.D. 1 of this Code to the contrary, written notice of the hearing shall be provided to persons shown on the last equalized assessment roll as owning real property within 500 feet of the subject property. C. Findings. Upon approval of a landslide moratorium exclusion, the city council shall find as follows: I/ 1. The exclusion is consistent with the general plan and coastal plan of the city. Exhibit "A," Ordinance No. 276 page 8 of 9 2 . The exclusion promotes the health, safety and welfare of the community. 3 . The exclusion shall not aggravate any existing geologic conditions in the area. D. Conditions upon issuance of approval. In granting any exclusion under this chapter, the city council may impose such conditions as may be reasonably necessary to preserve the intent of the goals and policies of the general plan. 15.20.090 Fees. Any application for any approval pursuant to this chapter shall be accompanied by a filing fee in an amount established by the city council. 15.20. 100 Appeals. Any interested person may appeal any decision of the planning commission or director of environmental services pursuant to this chapter pursuant to Chapter 17.80 of this Code. Exhibit "A," Ordinance No. 276 page 9 of 9 ORD. NO. 276 L 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 14, 1992 , she caused to be posted the following document entitled: ADOPTING AN AMENDMENT TO CHAPTER 15. 20 OF THE 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. Rancho Palos Verdes Park Rancho Palos Verdes 30359_ Hawthorne Blvd. , Rancho Palos Verdes. I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. /1//9 Eit/4>_, -0 CITY CLERK l 30940 HAWTHORNE BOULEVARD ! RANCHO PALOS VERDES, CA 90274-5391 l (213)377-0360