ORD 416 ORDINANCE NO. 416
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTERS 15.20, 16.20 AND 17.76 OF TITLES 15, 16
AND 17, RESPECTIVELY, OF THE MUNICIPAL CODE REGARDING
CONDITIONS OF APPROVAL TO REQUIRE RECORDATION OF
COVENANTS THAT DISCLOSE THE NATURE AND SCOPE OF
SIGNIFICANT REMEDIAL GRADING UNDERTAKEN ON CERTAIN
PROPERTY.
WHEREAS, the City of Rancho Palos Verdes is unique in that significant portions
of the property within the City's corporate boundaries are subject to conditions, including
landslides, that affect the stability and developability of those properties; and,
WHEREAS, when significant remedial grading to stabilize the property and
slopes is completed on property for which a landslide moratorium exclusion has been
granted, or as a condition of approval of a landslide moratorium exclusion or in
connection with the proposed subdivision and/or development of property, disclosure of
the significant remedial grading to potential purchasers and subsequent owners is
necessary to protect the public health, safety and welfare because such disclosure will
help ensure that future property owners are aware of the geotechnical sensitivity of their
property and will assist in avoiding future grading or construction activities that may
compromise site stability; and,
WHEREAS, on November 27, 2004, notice of a public hearing on this ordinance
before the Rancho Palos Verdes Planning Commission was published in the Palos
Verdes Peninsula News; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
December 14, 2004, January 25, 2005, and February 8, 2005, at which time the public
was given the opportunity to provide testimony; and,
WHEREAS, on February 9, 2005, notice of a public hearing on this ordinance
before the Rancho Palos Verdes City Council was published in the Palos Verdes
Peninsula News;
WHEREAS, the City Council held a duly noticed public hearing on March 1,
2005, at which time the public was given the opportunity to provide testimony; and,
WHEREAS, pursuant to the California Environmental Quality Act, Public
Resources Code §§21000 et seq., ("CEQA"), and the State and Local CEQA
Guidelines, the proposed Geologic Disclosure Ordinance is not a project, as that term is
defined by State CEQA Guidelines §15378, that is subject to the provisions of CEQA.
Further, the Geologic Disclosure Ordinance "is covered by the general rule that CEQA
applies only to projects, which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment—[as is the case
here] the activity is not subject to CEQA." (State CEQA Guidelines, §15061(b)(3).)
The Geologic Disclosure Ordinance has no potential for causing any significant effect
on the environment, because no physical alterations to the environment could be
approved or allowed by simply requiring the disclosure of significant remedial grading.
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 amending Titles 15,
16 and 17 of the Rancho Palos Verdes Municipal Code to effect full disclosure of
significant remedial grading to potential purchasers and subsequent owners of
residential properties under certain circumstances.
Section 2: The City Council finds that there is no substantial evidence that the
proposed amendments to Titles 15, 16 and 17 of the Municipal Code would result in any
significant environmental effects, because the amendment requires nothing more than
disclosure of certain remedial grading, as defined herein. The City Council hereby
finds, based on its own independent review, that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the
environment. Therefore, the Geologic Disclosure Ordinance is exempt from the
provisions of CEQA, and no further CEQA analysis is required for this ordinance.
Section 3: The City Council finds that the amendments to Titles 15, 16 and 17
of the Municipal Code are necessary to preserve the public health, safety, and general
welfare in the area.
Section 4: The City Council hereby amends Subsection 15.20.100 D. of
Section 15.20.100 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal
Code to read as follows:
15.20.100 Exclusions.
D. Conditions on 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 and the provisions of the Municipal Code, which
conditions shall include, but are not limited to, recording a covenant
against the property documenting the nature and scope of any significant
remedial grading, which is defined as excavation, fill or any combination
thereof, which involves the redistribution of earth materials for the purpose
of reestablishing the stability and continuity of said area, and which
involves: (1) excavation, fill or any combination thereof in excess of 1,000
cubic yards within any two-year period, or (2) excavation ten feet or more
below preconstruction grade or fill ten feet or more above preconstruction
grade.
Ordinance No. 416
Page 2 of 4
Section 5: The City Council hereby adds a new Subsection F to Section
16.20.120 of Chapter 16.20 of Title 16 of the Rancho Palos Verdes Municipal Code to
read as follows:
16.20.120 Soils/Geology Report.
F. Approval of a tentative parcel map, tentative tract map, or any final
map that creates residential lots, shall be conditioned to require
recordation of a covenant against the property if development of the
subdivision requires significant remedial grading, which is defined as
excavation, fill or any combination thereof, which involves the
redistribution of earth materials for the purpose of reestablishing the
stability and continuity of said area, and which involves: (1) excavation, fill
or any combination thereof in excess of 1,000 cubic yards within any two-
year period, or (2) excavation ten feet or more below preconstruction
grade or fill ten feet or more above preconstruction grade. In addition, a
note shall be placed on the final map stating that significant remedial
grading is required in order to develop the subdivision. The final map note
and covenant shall document the nature and scope of the significant
remedial grading that is to be performed to enhance soil stability and
reduce geotechnical hazards due to land movement or the presence of
natural hazards.
Section 6: The City Council hereby adds a new Paragraph 9 to Subsection
17.76.040 G. of Section 17.76.040 of Chapter 17.76 of Title 17 of the Rancho Palos
Verdes Municipal Code to read as follows:
17.76.040 G. Conditions Upon Issuance.
9. For any remedial grading permit, the recordation of a covenant
against the property subject to any significant remedial grading, which is
defined as excavation, fill or any combination thereof, which involves the
redistribution of earth materials for the purpose of reestablishing the
stability and continuity of said area, and which involves: (1) excavation, fill
or any combination thereof in excess of 1,000 cubic yards within any two-
year period, or (2) excavation ten feet or more below preconstruction
grade or fill ten feet or more above preconstruction grade. The covenant
shall document the nature and scope of the significant remedial grading
completed to enhance soil stability and reduce geotechnical hazards due
to lend movement or the presence of natural hazards.
Section 7: After the effective date of this Ordinance, it shall apply to all
landslide moratorium exclusion requests, tentative tract map applications, tentative
parcel map applications, final tract maps, final parcel maps and remedial grading
permits that had not yet been approved by the City as of the effective date of this
Ordinance.
Ordinance No. 416
Page 3 of 4
Section 8: 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 15th da y of March 2005.
Vdf (C7piL.
Mayor
Attest:
Ci N Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Carolyn Petru, 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. 416 passed first reading on March 1, 2005, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
March 15, 2005, and that the same was passed and adopted by the following roll call
vote:
AYES: Long, Wolowicz, and Mayor Clark
NOES: None
ABSENT: Gardiner and Stern
ABSTAIN: None
Cit Clerk
Ordinance No. 416
Page 4 of 4
Aji!
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 March 21, 2005, she caused to be posted the following document
entitled: ORDINANCE NO. 416 - AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTERS 15.20, 16.20 AND
17.76 OF TITLES 15, 16 AND 17, RESPECTIVELY, OF THE MUNICIPAL
CODE REGARDING CONDITIONS OF APPROVAL TO REQUIRE
RECORDATION OF COVENANTS THAT DISCLOSE THE NATURE AND
SCOPE OF SIGNIFICANT REMEDIAL GRADING UNDERTAKEN ON
CERTAIN PROPERTY, 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.
_At,•‘-‘0,e,.. ,:-"?.stx..,„
ity Clerk
W:\City Council Ordinances\affidavits\Ordinance 416-Geologic Disclosure Ordinance.doc