ORD 432U ORDINANCE NO. 432U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
EXTENDING URGENCY ORDINANCE NO. 427U 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 asked the City Geologist to determine 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since 1989 should be repealed so that the Blue Area will be subject to the same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; and,
WHEREAS, on November 15, 2005, the City Council adopted Urgency
Ordinance No. 427U, which established a 60-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 and
temporarily suspended Section 15.20.040 K of the Rancho Palos Verdes
Municipal Code pending the completion of new geological data to determine
whether construction in the Blue Area is safe in light of the newly observed
instability or if the proposed development could adversely impact the stability of
said Area; and,
WHEREAS, the Global Positioning System ("GPS") Data still is being
collected, and the City Geologist is still in the process of completing the review of
that data to assess the potential impacts of construction in the Blue Area upon
the overall stability of said Area and upon the public health, safety and welfare
and, accordingly, needs additional time to complete that review before
determining if the moratorium imposed by Ordinance 427 U should be lifted;
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
extends Urgency Ordinance 427U for an additional sixty-six days. Except as
otherwise modified by this Ordinance, all provisions of Urgency Ordinance No.
427U shall remain in full force and effect through and including March 21, 2006.
SECTION 2. 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, the City Geologist is looking at the recent GPS
Data 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 said geological review
can be completed, the City cannot determine whether additional controls on
development are necessary to protect the public health, safety, and general
welfare from the harmful effects associated with slope failure. The City Council
finds that continued development in the Blue Area during the completion of the
geological review would expose residents to undue health hazards and safety
risks and pose a current and immediate threat to the public health, safety, or
general welfare and approval of additional entitlements for development
inconsistent with the provisions of Urgency Ordinance No. 427U would frustrate
Ordinance No. 432U
Page 2 of 3
the City's ability to protect the public health, safety and welfare by minimizing the
adverse effects of slope failure. 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 until 11:59 p.m. on March 21, 2006, unless further extended by the
City Council.
PASSED, APPROVED AND ADOPTED this 20th day of December 2005.
P°Aja.CVLLisa/04/0;
M-. or
Attest:
City Jerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
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. 432U was duly and regularly adopted by
the City Council of said City at a regular meeting thereof held on December 20,
2005, and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Gardiner, Long, and Mayor Wolowicz
NOES: None
ABSENT: Stern
ABSTAIN: None
Clerk
Ordinance No. 432U
Page 3 of 3
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 December 22, 2005, she caused to be posted the following document
entitled: ORDINANCE NO. 432U —AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES EXTENDING URGENCY ORDINANCE NO. 427U 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.
•
CI', Clerk
W:\City Council Ordinances\affidavits\Ordinance 432U-Extending Moratorium on Permits in Landslide Moratorium Area(Blue).doc