ORD 383 ORDINANCE NO. 383
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.
WHEREAS, on September 17, 2002, the City Council directed Staff to formulate
revisions to the Municipal Code in order to clarify the City's landslide moratorium
exception regulations as they apply to additions to existing structures and to accessory
structures and uses; 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 determined that only minor technical changes or
additions are necessary to the Negative Declaration for Code Amendment Number 45 /
Environmental Assessment Number 714, which made miscellaneous amendments to
Chapter 15.20 of the Rancho Palos Verdes Municipal Code, on June 6, 2000. The
ordinance amendment proposed herein establishes controls on granting certain
exceptions to the Landslide Moratorium that are more strict than those previously
established through Code Amendment Number 45, with the goal of limiting the size and
correlative impact of certain additional development on previously developed properties
undertaken in the Landslide Moratorium Area. Therefore, under CEQA Guidelines §
15164 and the City's Local CEQA Guidelines § VI. B., preparation of an addendum to
the Negative Declaration adopted for Code Amendment Number 45 is deemed proper.
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 amendments to
Sections 15.20.040 H. and L. of Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the amendments to Sections 15.20.040
H. and L. of Chapter 15.20 of Title 15 of the Municipal Code are consistent with the
Rancho Palos Verdes General Plan and Coastal Specific 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 limited,
reasonable improvements while limiting the potential impacts resulting from these
improvements upon landslide movement, soil stability and public safety within and
adjacent to the Landslide Moratorium Area.
Section 3: The City Council further finds that there is no substantial evidence
that the amendments to Sections 15.20.040 H. and L. of Chapter 15.20 of Title 15 of the
Municipal Code would result in significant environmental effects, or a substantial
increase in the severity of such effects, because the minor revisions to the Municipal
Code will provide for limited, reasonable improvement of existing, developed properties
without weakening the current landslide moratorium or increasing the potential for
environmental impacts of future development in the City. Further, the proposed
amendments impose greater limitations on new construction in the landslide moratorium
area, and will actually serve to reduce potential significant adverse environmental
impacts in the area. The City Council considered the Negative Declaration adopted for
Code Amendment No. 45/Environmental Assessment No. 714, and Addendum No. 1,
which is attached hereto as Exhibit "A", prior to making its decision regarding the code
amendments contemplated herein.
Section 4: The City Council further finds that the amendments to Sections
15.20.040 H. and L. of Chapter 15.20 of Title 15 of the Municipal Code are necessary to
protect the public health, safety, and general welfare in the area.
Section 5: Based on the foregoing, Sections 15.20.040 (Exceptions) H. and L.
of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code are amended
to read as follows:
15.20.040 H. Minor projects on those lots which are currently developed with a
residential structure or other lawfully existing non-residential structure, that
involve additions to existing structures, decks or enclosed patios, and do
not exceed a cumulative project(s) total of six hundred square feet per
parcel, and do not involve any new buildings; provided that the 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 of
this chapter. In addition to the six hundred square feet of additional floor
area for residential structures and for other permanent detached
accessory structures, the director may approve a landslide moratorium
exception permit for one detached garage per parcel, which does not
exceed an area of six hundred square feet, without windows or any
plumbing fixtures. If the lot is served by a sanitary sewer system the
permit may allow the installation of windows and plumbing fixtures. All
permits shall include a requirement that a use restriction covenant in a
form acceptable to the city which prevents 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 register-recorder. Such
covenant shall be submitted to the director prior to the issuance of a
building permit. Prior to 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.
15.20.040 L. Construction of permanent detached accessory structures which do not
exceed a cumulative project(s) total of six hundred square feet per parcel,
on lots which are currently developed with a residential structure or other
lawfully existing non-residential structure; 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 of
this chapter and does not include any additional plumbing fixtures, unless
Ordinance No. 383
Page 2 of 3
the lot is served by a sanitary sewer system. The approval of a landslide
moratorium exception permit for such a project shall be conditioned to
require that a use restriction covenant in a form acceptable to the city,
which prevents the permanent detached accessory structure from being
used as a separate dwelling unit, is recorded with the Los Angeles County
registrar-recorder. Such covenant shall be submitted to the director prior
to the issuance of a building permit. Prior to the approval of a landslide
moratorium exception permit for such permanent detached accessory
structure, 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 6: After the effective date of this Ordinance, it shall apply to all
landslide moratorium exception permits and any subsequent development applications
submitted on or after the effective date of this Ordinance, and all applications that have
not been deemed complete by City Staff prior to the effective date of this Ordinance.
Section 7: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF N• EMBER 2002.
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may.Attest:
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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; the
foregoing Ordinance No. 383 passed first reading on November 5, 2002, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
November 19, 2002, and that the same was passed and adopted by the following roll
call vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
NOES: None
ABSENT: None
ABSTAIN: None
_ ‘441L,/,
City Clerk
Ordinance No. 383
Page 3 of 3
EXHIBIT `A' TO ORDINANCE NO. 383
ADDENDUM NO. 1 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 714
November 19, 2002
On June 6, 2000, the City Council adopted Resolution No. 2000-35, thereby adopting a
Negative Declaration for Environmental Assessment No. 714 and Code Amendment
No. 45, amending Chapter 15.20 (Moratorium on Land Use Permits) of the City's
Municipal Code. The amendments were intended to allow for limited, reasonable use of
developed properties within the Landslide Moratorium Area by expanding the variety of
development projects that could be excepted from the moratorium without jeopardizing
the public health, safety and general welfare. The amendments also included a
requirement for the connection of existing developed properties to new sanitary sewer
systems, with the intent of reducing the infiltration of wastewater into the active and
inactive landslides, and improving gross soil stability within the entire Landslide
Moratorium Area. Prior to its adoption, the Negative Declaration was circulated for
public comment from April 19, 2002 through May 18, 2002 and no substantive
comments were received from any persons or responsible agencies. In adopting the
Negative Declaration, the City Council found: 1) that there would be no significant
adverse environmental impacts resulting from the adoption of the amendments; and 2)
that, although the adoption of the code amendment would serve only to effectuate
changes to the language of the existing Municipal Code, the City Council recognized
that separate environmental review would be performed for any projects to which
Chapter 15.20 applied, prior to receiving any approvals from the City.
The City Council is currently considering the adoption of an Ordinance that would
further amend Chapter 15.20 by contracting two of the current exceptions from the
moratorium and limiting future use of developed properties within the Landslide
Moratorium Area. The proposed amendment would eliminate the City Council's
discretion, as allowed under the current Sections 15.20.040 (H) and (L), to grant
expansions larger than 600 square feet in the Landslide Moratorium area. Currently,
the 600-square-foot per lot/parcel threshold is only a standard for determining whether a
request for an exception from the landslide moratorium requires approval by the
Director or by the City Council. Without the adoption of this Ordinance, the City Council
would be able to continue to approve requests for landslide moratorium exceptions for
projects in excess of a six hundred square feet (600 SF) per developed lot or parcel,
with no upper limit on the maximum allowable expansion under the Code. As such, the
City Council has determined that the proposed amendment would not result in new
significant environmental effects, but would actually serve to reduce potential adverse
impacts upon the environment by reducing the scope of future expansions to developed
properties within the Landslide Moratorium Area. Furthermore, the City Council
believes that the amendment is within the scope of EA/ND No. 714 that was prepared
and adopted in conjunction with Code Amendment No. 45's amendments to Chapter
15.20 that were adopted on June 6, 2000. As a result, no further environmental review
is necessary.
Ordinance No. 383
Exhibit `A'
jill
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 November 21, 2002, she caused to be posted the following document
entitled:
Ordinance No. 383 — Regarding Adopting Amendments to Chapter 15.20 of the Rancho
Palos Verdes Municipal Code (Moratorium on Land Use Permits), 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.
/ /_.0 1/4.fiteLeapC.
City Clerk
W:\Ordinances\affidavits\Ordinance 383-Adoption of Amendments to Chapter 15.20.doc