ORD 427U ORDINANCE NO. 427U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ESTABLISHING A MORATORIUM ON THE ISSUANCE OF CERTAIN
PERMITS AND THE PROCESSING OF PLANNING APPROVALS AND
SUSPENDING CERTAIN PREVIOUSLY ISSUED BUILDING PERMITS AND
APPROVALS, IN THE PORTION OF THE LANDSLIDE MORATORIUM
AREA OUTLINED IN BLUE ON THE LANDSLIDE MORATORIUM MAP ON
FILE IN THE CITY'S PLANNING, BUILDING AND CODE ENFORCEMENT
DEPARTMENT, WHICH INCLUDES PORTIONS OF DAUNTLESS DRIVE,
EXULTANT DRIVE, ADMIRABLE DRIVE AND PALOS VERDES DRIVE
SOUTH, AND DECLARING THE URGENCY THEREOF.
WHEREAS, in September 1978, the City Council adopted Urgency
Ordinance No. 108U, which established the Landslide Moratorium Area in a
portion of the City, as depicted on a map that is on file in the City's Department of
Planning, Building and Code Enforcement; and
WHEREAS, in February 1981, the City Council adopted Ordinance No.
139U, which added the area known as Klondike Canyon to the Landslide
Moratorium Area, which is described as the area outlined in red on the map that
is on file in the City's Department of Planning, Building and Code Enforcement;
and
WHEREAS, in September 1989, the City Council adopted Ordinance No.
247, which added a new provision to the Landslide Moratorium Ordinance that
provided the possibility for more intense development than previously was
permitted in the Klondike Canyon Area, as outlined in blue on the map that is on
file in the City's Department of Planning, Building and Code Enforcement ("Blue
Area"); and
WHEREAS, in May 2005, following the unusual winter rains during the
winter of 2004-2005, the first indications that the Blue Area may be experiencing
landslide movement appeared; and
WHEREAS, in October 2005, the City received a report from the City
Geologist, who was reviewing a proposed development in the Blue Area, that
discussed the issue of landslide movement in the Blue Area; and
WHEREAS, based on the new evidence of landslide movement in the
Blue Area, the City Council has considered whether the more flexible
development standards that had been allowed in the Blue Area since 1989
should be repealed so that the Blue Area will be subject to the same
development criteria that are applicable to the other areas that are subject to the
Landslide Moratorium Ordinance, as was the case from February 1981 through
September 1989;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Rancho Palos Verdes hereby
declares a sixty-day moratorium on the processing and issuance of building,
grading or other permits, and landslide moratorium exception permits and the
processing or approval of Environmental Assessments, Environmental Impact
Reports, Conditional Use Permits, height variation applications, tentative maps or
parcel maps in the Blue Area, unless otherwise exempted from the moratorium
pursuant to terms of Sections 4 or 5 below.
SECTION 2. Section 15.20.040 K of the Rancho Palos Verdes Municipal
Code is hereby suspended and no permits or approvals shall be processed or
granted pursuant to that section.
SECTION 3. Notwithstanding any other ordinance or code of the City of
Rancho Palos Verdes, no building permit, grading permit, or landslide
moratorium exception permit or other permit for new construction shall be issued
and no applications for conditional use permits, height variations, tentative maps
or parcel maps for the subdivision of land shall be accepted for filing, processed
or approved as to any property located in the Blue Area.
SECTION 4. Other than the building permit and other permits that have
been issued by the City to construct the home at 4369 Dauntless Drive, which
shall not be affected by this Ordinance, any building or grading permit, landslide
moratorium exception permit or other permit for new construction in the Blue
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 suspended
indefinitely. Construction in reliance on any such suspended permit shall be
prohibited unless and until the City lifts the suspension.
SECTION 5. It has recently come to the attention of the City Council that
the land identified in the Blue Area, which was previously thought to be stable,
may in fact be experiencing current landslide movement. In order to protect the
public health, safety and welfare, geological studies should be conducted to
determine the stability of the land in question and to whether development of new
structures on undeveloped lots or parcels, substantial additions to existing
homes, or the construction of certain accessory structures on properties in the
Blue Area should be allowed. Until such geological studies are completed and
evaluated it cannot be determined whether such construction in the Blue Area (1)
is safe in light of the newly observed instability, or (2) will adversely impact the
stability of said Area. This ordinance is therefore necessary for the immediate
preservation of the public peace, health, safety and welfare and shall take effect
immediately upon adoption as an urgency ordinance. This ordinance is effective
for sixty days unless further extended by the City Council.
Ordinance No. 427U
Page2of3
PASSED, APPROVED AND ADOPTED this 15th day of November 2005,
by the following vote:
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( iLdAd
CIL
ayor
Attest:
: i Clerk
I, Carolynn 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; that the foregoing Ordinance No. 427U was duly and regularly approved
and adopted by the City Council of the City of Rancho Palos Verdes at a regular
meeting thereof held on the 15th day of November 2005, and that the same was
passed and adopted by the following roll call vote:
Ayes: Gardiner, Long, Stern, Wolowicz, and Mayor Clark
Noes: None
Absent: None
Abstain: None
C
Ordinance No. 427U
Page 3 of 3
RANCHO AL OE RD ES
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 22, 2005, she caused to be posted the following document
entitled: ORDINANCE NO. 427U —AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ESTABLISHING A MORATORIUM ON THE ISSUANCE OF
CERTAIN PERMITS AND THE PROCESSING OF PLANNING APPROVALS AND
SUSPENDING CERTAIN PREVIOUSLY ISSUED BUILDING PERMITS AND
APPROVALS, IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA
OUTLINED IN BLUE ON THE LANDSLIDE MORATORIUM MAP ON FILE IN THE
CITY'S PLANNING, BUILDING AND CODE ENFORCEMENT DEPARTMENT, WHICH
INCLUDES PORTIONS OF DAUNTLESS DRIVE, EXULTANT DRIVE, ADMIRABLE
DRIVE AND PALOS VERDES DRIVE SOUTH, AND DECLARING THE URGENCY
THEREOF, 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.
_Ltt..fi //
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 427U-Establishing Moratorium on Permits in Landslide Moratorium Area(Blue).doc