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ORD 521 ORDINANCE NO. 521 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE PROCEDURE TO ADJUST THE BOUNDARY OF THE LANDSLIDE MORATORIUM AREA. WHEREAS, Section 15.20.100 of the Municipal Code contains a discretionary procedure to allow property to be removed from the Landslide Moratorium Area so it can be developed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1. Section 15.20.120 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraph A thereof to read as follows: 15.20.120 Procedure to adjust the boundary of the landslide moratorium area. Either the City or an owner of property that is located entirely or partially within the "landside moratorium area," as outlined in red or green on the landslide moratorium map on file in the director's office, may file an application with the City to adjust the boundary of the landslide moratorium area to accurately reflect geologic conditions that are present on the property that is the subject of the application, as determined by site-specific geologic investigation. A. Application. To obtain approval of an application to adjust the boundary of the landslide moratorium area, an applicant shall file an application with the Community Development Department. If the application is filed by a person or entity other than the City, the application must be signed by all owners of the affected property. An application shall not be deemed complete until all required geology studies have been completed to the satisfaction of the City's Geologist. An application shall include the following: 1. A legal description of the property that is the subject of the application and a map of the property demonstrating the area to be included within and/or excluded from the landslide moratorium area. 2. Any existing geological or geotechnical reports or necessary geology studies as determined by the City's Geologist. 3. A fee, as established by resolution of the City Council and a trust deposit in an amount that is estimated by staff to be sufficient to pay for the City's cost of having the City's Geologist review the application and the geologic reports and studies. The applicant shall replenish the trust deposit upon a request from the City that additional funds are needed. Any unused funds remaining in the trust account at the conclusion of the review process shall be returned to the applicant. B. Approval. If the geology studies demonstrate to the satisfaction of the City's Geologist that the boundary of the landside moratorium area is not in the correct location on the subject property, then the City Geologist shall approve the R6876-0001\131 1015v4.doc application to adjust the landslide moratorium boundary, and the map on file in the Community Development Department shall be adjusted accordingly. C. Denial. If the geology studies do not demonstrate to the satisfaction of the City's Geologist that the boundary of the landside moratorium area is not in the correct location on the subject property, then the City Geologist shall deny the application to adjust the landslide moratorium boundary. D. Withdrawal of application. The applicant may withdraw the application at any time during the process; however, the applicant still is responsible to reimburse the City for any costs that the City has incurred to have the City's Geologist staff review the application and geologic reports and studies. If the applicant does not respond to a request from the City's Geologist for additional studies or information within 6 months of the date of the request, the City shall notify the applicant in writing that the City is withdrawing the request administratively, and no further action shall be taken. The applicant may reinstate the application within 6 months of the withdrawal by submitting a written application therefor accompanied by all required fees and amounts to be held in trust to continue the processing of the application. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF M A , 0 1. itdif:•y Mayor Attest: A 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; the foregoing Ordinance No. 521 passed first reading on April 19, 2011, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 3, 2011, and that the same w as passed and adopted by the following roll call vote: Ayes: Campbell, Misetich, Stern, Wolowicz and Long Noes: None Absent: None Abstain: None City Clerk Ordinance No. 521 Page 2of2 R6876-0001\131 1015v4.doc RANCHO PALOS ERDES 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 May 5, 2011, she caused to be posted the following document entitled: ORDINANCE NO. 521, AN ORDINANCE OF THE CITY OF RANCO PALOS VERDES AMENDING THE PROCEDURE TO ADJUST THE BOUNDARY OF THE LANDSLIDE MORATORIUM AREA., 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. ----1 ;:cte., *ãierk W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.520.doc