ORD 576 ORDINANCE NO. 576
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH AN
EXCEPTION CATEGORY (`S') TO ALLOW THE CONSTRUCTION OF NON-
HABITABLE STORAGE SHEDS, UP TO 1,600 SQUARE FEET, THAT ARE USED
FOR THE SOLE PURPOSE OF STORING AGRICULTURAL FARMING
EQUIPMENT ON PROPERTIES WITH AN APPROVED AGRICULTURAL USE
GREATER THAN ONE-ACRE IN SIZE FOR COMMERCIAL OR NON-
COMMERCIAL PURPOSES WITHIN THE CITY'S LANDSLIDE MORATORIUM
AREA.
WHEREAS, on July 21, 2015, the City Council directed Staff to prepare a Code
Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of the City's Municipal Code to
allow the construction of non-habitable storage sheds used for the sole purpose of storing
agricultural farming equipment on properties that have obtained a Conditional Use Permit for the
growing of crops and/or fruits on more than one (1) acre for commercial or non-commercial
purposes within the City's landslide moratorium boundary, provided the code language does not
permit the conversion of said structures to habitable area in the future; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines, California Code of
Regulations, Title 14, Section 15000 et seq., the City's Local CEQA Guidelines, and Government
Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos
Verdes determines that the proposed Code Amendment is exempt from CEQA pursuant to Section
15301 (Existing Facilities), which applies to the "operation, repair, maintenance, permitting, leasing,
licensing or minor alteration of existing public or private structures, facilities, mechanical equipment
or topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination."The exception applies to the proposed code amendment
as the amendment would only permit minor alteration (minor construction of non-habitable structure
on an existing, lawfully developed lot permitted for commercial or non-commercial agricultural use)
of existing developed lots which would result in a negligible expansion of the existing residential
zoned property. Furthermore, the proposed code amendment is exempt from CEQA pursuant to
Section 15061(b)(3) as the proposal does not have the potential to cause a significant effect on the
environment since the proposed code amendment will only permit small structures on developed
lots, and only after demonstrating to the City's geologist that the minor construction will not
aggravate the existing situation; and,
WHEREAS, the City Geologist, determined that minor projects that allow the construction of
non-habitable storage sheds, or other similar non-habitable structures, used for the sole purpose of
storing large agricultural farming equipment could be permitted within the City's landslide
moratorium area, provided the structure will not exceed a maximum square footage or roofed area
of 1,600 square feet, that the property is served by a sanitary sewer system and a geotechnical or
geology study is submitted to the City to demonstrate to the satisfaction of the City's geotechnical
staff that the proposed project would not aggravate the existing landslide situation.
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 the proposed amendments to
Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the proposed amendments to Chapter 15.20 of
Title 15 of the Municipal Code are consistent with the Rancho Palos Verdes General Plan in that
they uphold, and do not hinder, the goals and policies of those plans, in particular to balance the
rights of owners of developed properties within the Landslide Moratorium Area to make reasonable
use of their properties while limiting the potential impacts resulting from such use upon landslide
movement, soil stability and public safety within and adjacent to the Landslide Moratorium Area.
Section 4: The City Council further finds that there is no substantial evidence that the
proposed amendments to Title 15 would result in new significant environmental effects, or a
substantial increase in the severity of the effects, since the new amendments still provide
regulations that would minimize impacts to properties within the City and the environment by limiting
the additions to properties that are already developed with an approved agricultural use on a
residentially zoned property that is served by a sanitary sewer system, and do not exceed a
maximum square footage or roofed area of 1,600 square feet.
Section 5: The City Council further finds that the amendments to Chapter 15.20 of Title
15 of the Municipal Code will protect the public health, safety, and general welfare in the area and
any proposed minor construction project for non-habitable structures that is subject to a Planning or
Building permit would require approval of a geotechnical or geology report by the City's Geologist
prior to submittal of plans into Planning for entitlements or Building and Safety for permits.
Section 6: Based upon the foregoing, Paragraph S is hereby added to Section
15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code to read as
follows:
S. The installation or construction of a non-habitable storage structure used for the sole
purpose of storing agricultural farming equipment on lots that have obtained a
Conditional Use Permit for the growing of crops and/or fruits on more than one (1)
acre for commercial or non-commercial purposes. Said non-habitable structure(s)
shall not exceed a cumulative maximum square footage or roofed area of 1,600
square feet, shall only be permitted on lots that are served by a sanitary sewer
system, and shall not count against the 1,200 square foot limitation set forth in
Paragraphs 'H'and 'K'of this Section. A covenant which prevents the structure from
being used for any purpose other than a non-habitable use for storing agricultural
farming equipment, in a form approved by the City Attorney and enforceable by the
City, shall be recorded with the Los Angeles County Registrar-Recorder against the
title to said property, prior to Building Permit issuance. Said structures shall be
constructed and maintained as non-habitable structures and shall be removed if an
approved Conditional Use Permit ceases and a commercial or non-commercial
agricultural use no longer remains on said property. Prior to approval of an
application, the applicant shall submit to the director any geological or geotechnical
studies required by the city to demonstrate to the satisfaction of the city
,geotechnical staff that the proposed non-habitable structure will not aggravate the
existing situation:
Section 8: The amendments to Chapter 15.20, Title 17 of the Rancho Palos Verdes
Municipal Code as identified herein shall apply to all Landslide Moratorium Exception requests
submitted after the effective date of this ordinance.
Ordinance No. 576
Page 2 of 3
Section 9: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby
declares that it would have adopted this ordinance, and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
Section 10: The City Clerk shall cause this Ordinance to be posted in three (3) public
places in the City within fifteen (15) days after its passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes.
Section 11: This Ordinance shall go into effect and be in full force and effect at 12:01 AM
on the 31st day after its passage.
PASSED, APPROVED and ADOPTED this 15th day of December 2015.
Mayor/
ATTEST: r,,
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.
576 passed first reading on December 1, 2015, was duly and regularly adopted by the City Council
of said City at a regular meeting thereof held on December 15, 2015, and that the same was passed
and adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: None
ABSTAIN: None
‘) --7///b /
City Clerk
Ordinance No. 576
Page 3 of 3
CITY OF 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 16, 2015, she caused to be posted the following document
entitled: ORDINANCE NO.576,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADOPTING AMENDMENTS TO CHAPTER 15.20
(MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO ESTABLISH AN EXCEPTION CATEGORY
(`S') TO ALLOW THE CONSTRUCTION OF NON-HABITABLE STORAGE
SHEDS, UP TO 1,600 SQUARE FEET, THAT ARE USED FOR THE SOLE
PURPOSE OF STORING AGRICULTURAL FARMING EQUIPMENT ON
PROPERTIES WITH AN APPROVED AGRICULTURAL USE GREATER
THAN ONE-ACRE IN SIZE FOR COMMERCIAL OR NON-COMMERCIAL
PURPOSES WITHIN THE CITY'S 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 e and correct affidavit of
posting.
City Clerk