ORD 457U ORDINANCE NO. 457U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES EXTENDING URGENCY
ORDINANCE NO. 427U AND URGENCY ORDINANCE NO. 439U TO JUNE 22, 2007,
THEREBY EXTENDING A MORATORIUM ON THE ISSUANCE OF CERTAIN PERMITS
AND THE PROCESSING OF PLANNING APPROVALS IN THE LANDSLIDE MORATORIUM
AREA OUTLINED IN RED AND BLUE ON THE LANDSLIDE MORATORIUM MAP ON FILE
IN THE CITY'S PLANNING, BUILDING AND CODE ENFORCEMENT DEPARTMENT 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standards that had been allowed in the Blue Area since 1989 should be repealed so that the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, because the Global Positioning System ("GPS") Data still was being
collected, and the City Geologist still was 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, needed additional time to
complete that review before determining if the moratorium imposed by Ordinance 427 U should
be lifted, the moratorium was extended by the City Council to March 21, 2006; and
WHEREAS, because the City Geologist's report has been completed and was
presented to the City Council, but the City Council would like to conduct a study session to
discuss the entire Moratorium Area and the geologic issues that are relevant to development of
new structures and additions to existing structures within the Moratorium Area before
determining whether to amend the Chapter 15.20 of the Rancho Palos Verdes Municipal Code;
and
WHEREAS, due to ongoing litigation regarding development in a portion of the
Moratorium Area and the generation of additional information regarding the stability of certain
portions of the Moratorium Area in connection with that litigation, which may be relevant to the
analysis of the issues that the City Council would like to have addressed at the study session, it
was not possible for City Staff and the City's geologic consultants to complete their review of all
of the information regarding the stability of portions of the Moratorium Area in time to prepare
comprehensive reports for the City Council for the study session that had been scheduled to
occur on June 3, 2006, which was held on October 7, 2006; and
WHEREAS, because additional time is required to obtain additional information and to
implement the direction that is received from the City Council, it is necessary to further extend
the Moratorium that was established by Ordinance 427U, Ordinance No. 439U, Ordinance No.
440U and Ordinance No. 448U;
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 No. 427U and Urgency Ordinance No. 439 U for an additional sixty days,
until June 22, 2007. Except as previously modified by Urgency Ordinance 439 U, all provisions
of Urgency Ordinance No. 427U shall remain in full force and effect through and including June
22, 2007, unless earlier rescinded or extended by another ordinance adopted by the City
Council.
SECTION 2. Notwithstanding any other ordinance or code of the City of Rancho Palos
Verdes, no application for a building permit, grading permit, conditional use permit, height
variation, tentative map or parcel map for the subdivision of land, or other any other permit to
develop property, or for a Landslide Exception Permit shall be accepted for filing, processed or
approved as to any land within the Landslide Moratorium Area, as outlined in Red or Blue on the
Map that is on file in the City's Planning Building and Code Enforcement Department, and no
such permit shall be issued, for any project for which a landslide moratorium exception permit
had been issued previously by the City pursuant to Paragraphs H, K and L of Section 15.20.040
of the Rancho Palos Verdes Municipal Code.
SECTION 3. Other than the building permit and other permits that have been issued by
the City to construct the home at 4369 Dauntless Drive and any other home where above-
ground construction work has been performed in substantial reliance on a building permit that
has been issued by the City, which shall not be affected by the provisions of this Ordinance, any
building or grading permit, landslide moratorium exception permit, or other permit for new
construction in the Landslide Moratorium Area, which has been previously granted by the City
but which has not been acted upon in substantial reliance by the holder thereof, is suspended
indefinitely. Construction in reliance on any such suspended permit shall be prohibited unless
and until the City lifts the suspension.
Ordinance No. 457U
Page 2of3
SECTION 4. 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 was to review recently collected GPS Data to determine the stability
of the land in question and to determine 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. The City Council
conducted a workshop on October 7, 2006. However, additional time is needed for additional
studies to be completed to address the concerns that were expressed by the City Council
regarding allowing additions to existing structures within the Landslide Moratorium Area and
whether to treat all portions of the Moratorium Area similarly and to have the City Geologist's
report submitted for review by a peer review panel comprised of geologic experts who work
within the City. The City Council finds that continued development in the Landslide Moratorium
Area during this additional time could expose residents to undue health hazards and safety risks
and could 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 Ordinances No. 427U and 439U and would frustrate 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 June 22, 2007, unless further extended by the
City Council by the adoption of another ordinance.
PASSED, APPROVED, AND ADOPTED this 17th o Apr' 2007.
- 1
, f
Mayor
Attest:
lkitidic_
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, 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. 457U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on April 17, 2007, and that the same was passed and adopted by the
following roll call vote:
AYES: Clark, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Gardiner
ABSTAIN: None
gdichc.C7); --, 1, ,
City Clerk
Ordinance No. 457U
Page 3 of 3
RANCHO AL os E 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 April 25, 2007, she caused to be posted the following document entitled:
ORDINANCE NO. 457U —AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES EXTENDING URGENCY ORDINANCE NO. 427U AND URGENCY
ORDINANCE NO. 439U TO JUNE 22, 2007, THEREBY EXTENDING A
MORATORIUM ON THE ISSUANCE OF CERTAIN PERMITS AND THE
PROCESSING OF PLANNING APPROVALS IN THE LANDSLIDE MORATORIUM
AREA OUTLINED IN RED AND BLUE ON THE LANDSLIDE MORATORIUM MAP ON
FILE IN THE CITY'S PLANNING, BUILDING AND CODE ENFORCEMENT
DEPARTMENT 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.
City Clerk
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