ORD 387 ORDINANCE NO. 387
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ESTABLISHING DISCLOSURE REQUIREMENTS FOR GEOLOGICAL
CONDITIONS IN CONNECTION WITH APPLICATIONS FOR PERMITS
AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 15 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Chapter 15.38 to read as follows:
"Chapter 15.38
Disclosure of Geological Conditions
Sections:
15.38.010 Complete disclosure of geological conditions required.
15.38.010. Complete disclosure of geological conditions required.
Whenever any provision of this Title requires, or authorizes the City to require, the
preparation of a geological or geotechnical report to evaluate the effect of any proposed
building, grading and/or construction or the proposed use of a site, as part of such
geological review the property owner shall disclose all of the following information:
(1) The identity of every licensed geological or geotechnical professional that has been
engaged, hired or consulted (hereafter collectively referred to as"engaged")to study the
geological condition of the property by any of the following: (a)the owner of the property
that is the subject of the application; (b)the applicant, if different from the property
owner; (c) any agent or representative of the owner or applicant, including any real
estate licentiate or attorney; and
(2) Any evidence, whether written or oral, documenting data gathered by or the impressions
and/or conclusions of the geological or geotechnical professionals identified in
subparagraph (1). Such evidence includes, but is not limited to, statements made by the
geological or geotechnical professionals, written notes, reports, draft reports, and field
logs; and
(3) All known geological data regarding the property, including any reports or analyses
obtained by prior owners of the property that is the subject of the application or by prior
applicants, if such reports or analyses have been disclosed or made available to the
current property owner or the applicant, regardless whether such data was relied upon
by the property owner or the applicant or by the geological or geotechnical professionals
identified in subparagraph (1); and
(4) If the current property owner or applicant replaced any licensed geologist or
geotechnical professional identified in subparagraph (1), an explanation regarding the
reasons why that geologist or geotechnical professional was replaced. The explanation
must include an affidavit or declaration signed under penalty of perjury stating whether
the geologist or geotechnical professional was replaced in whole or in part because the
geologist or geotechnical professional provided information that might adversely affect
the application; and
(5) Whether any licensed geologist or geotechnical professional that has been engaged by
the property owner disagreed with or questioned any conclusions contained in any report
identified in subparagraphs (2) or(3)."
Section 2. Title 16 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Chapter 16.36 to read as follows:
"Chapter 16.36
Disclosure of Geological Conditions
Sections:
16.36.010 Complete disclosure of geological conditions required.
16.36.010. Complete disclosure of geological conditions required.
Whenever any provision of this Title requires, or authorizes the City to require, the
preparation of a geological or geotechnical report to evaluate the effect of any proposed
building, grading and/or construction or the proposed use of a site, as part of such
geological review the property owner shall disclose all of the following information:
(1) The identity of every licensed geological or geotechnical professional that has been
engaged, hired or consulted (hereafter collectively referred to as "engaged")to study the
geological condition of the property by any of the following: (a)the owner of the property
that is the subject of the application; (b)the applicant, if different from the property
owner; (c) any agent or representative of the owner or applicant, including any real
estate licentiate or attorney; and
(2) Any evidence, whether written or oral, documenting data gathered by or the impressions
and/or conclusions of the geological or geotechnical professionals identified in
subparagraph (1). Such evidence includes, but is not limited to, statements made by the
geological or geotechnical professionals, written notes, reports, draft reports, and field
logs; and
(3) All known geological data regarding the property, including any reports or analyses
obtained by prior owners of the property that is the subject of the application, or by prior
applicants, if such reports or analyses have been disclosed or made available to the
current property owner or the applicant, regardless whether such data was relied upon
by the property owner or the applicant or by the geological or geotechnical professionals
identified in subparagraph (1); and
(4) If the current property owner or applicant replaced any licensed geologist or
geotechnical professional identified in subparagraph (1), an explanation regarding the
reasons why that geologist or geotechnical professional was replaced. The explanation
must include an affidavit or declaration signed under penalty of perjury stating whether
the geologist or geotechnical professional was replaced in whole or in part because the
geologist or geotechnical professional provided information that might adversely affect
the application; and
(5) Whether any licensed geologist or geotechnical professional that has been engaged by
the property owner disagreed with or questioned any conclusions contained in any report
identified in subparagraphs (2) or(3)."
Ordinance No. 387
Page 2 of 4
Section 3. Title 17 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Section 17.76.160 to Chapter 17.76 to read as follows:
"17.76.160. Disclosure of geological conditions.
Whenever any provision of this Title requires, or authorizes the City to require, the
preparation of a geological or geotechnical report to evaluate the effect of any proposed
building, grading and/or construction or the proposed use of a site, as part of such
geological review the property owner shall disclose all of the following information:
(1) The identity of every licensed geological or geotechnical professional that has been
engaged, hired or consulted (hereafter collectively referred to as "engaged")to study the
geological condition of the property by any of the following: (a)the owner of the property
that is the subject of the application; (b) the applicant, if different from the property
owner; (c)any agent or representative of the owner or applicant, including any real
estate licentiate or attorney; and
(2) Any evidence, whether written or oral, documenting data gathered by or the impressions
and/or conclusions of the geological or geotechnical professionals identified in
subparagraph (1). Such evidence includes, but is not limited to, statements made by the
geological or geotechnical professionals, written notes, reports, draft reports, and field
logs; and
(3) All known geological data regarding the property, including any reports or analyses
obtained by prior owners of the property that is the subject of the application, or by prior
applicants, if such reports or analyses have been disclosed or made available to the
current property owner or the applicant, regardless whether such data was relied upon
by the property owner or the applicant or by the geological or geotechnical professionals
identified in subparagraph (1); and
(4) If the current property owner or applicant replaced any licensed geologist or
geotechnical professional identified in subparagraph (1), an explanation regarding the
reasons why that geologist or geotechnical professional was replaced. The explanation
must include an affidavit or declaration signed under penalty of perjury stating whether
the geologist or geotechnical professional was replaced in whole or in part because the
geologist or geotechnical professional provided information that might adversely affect
the application; and
(5) Whether any licensed geologist or geotechnical professional that has been engaged by
the property owner disagreed with or questioned any conclusions contained in any report
identified in subparagraphs (2) or(3)."
Section 4. Title 1 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 1.08.030 to Chapter 1.08 to read as follows:
"1.08.030. False Information — Fraud.
If an applicant supplies false or fraudulent information in an application for a permit
pursuant to any provision of this Code, such action may constitute grounds for denying
the application. If a permit is issued on the basis of false or fraudulent information
supplied by the applicant, the permit may be revoked or suspended in accordance with
the same procedures for approving such permit."
Ordinance No. 387
Page 3 of 4
Section 5. 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.
PASSED, APPROVED AND ADOPTED, this 7th day of V'ta ry 2003.
A. ),.i
y
Mayo
Attest:
of
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; that the
foregoing Ordinance No. 387 passed first reading on December 17, 2002, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
January 7, 2003, and that the same was passed and adopted by the following roll call
vote:
AYES: Clark, Ferraro, Gardiner, McTaggart, and Mayor Stern
NOES: None
ABSENT: None
ABSTAIN: None
d
j
City Clerk
Ordinance No. 387
Page 4 of 4
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 9, 2003, she caused to be posted the following document
entitled:
Ordinance No. 387 — Disclosure Requirements for Geological Conditions, 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.
1 # e
/ , , / i ,
City Clerk
W:\Ordinances\affidavits\Ordinance 387-Disclosure Requirements for Geological Conditions.doc