ORD 585U ORDINANCE NO. 585U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING ORDINANCE NO. 577 CLARIFYING THAT THE
CITY COUNCIL'S ADOPTION OF ORDINANCE NO. 577 SOLELY
ESTABLISHED AN EXCEPTION CATEGORY ("T") TO ALLOW
RESIDENTIAL DEVELOPMENT WITHIN THE LANDSLIDE
MORATORIUM BOUNDARY AREA OF ZONE 1 AND DID NOT AMEND
ANY OF THE EXISTING EXCEPTION CATEGORIES ("H," "K," "N," OR
"P") TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER
15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE).
WHEREAS, on January 19, 2016 the City Council adopted Ordinance No. 577
establishing exception category "T" to allow vacant undeveloped parcels within Zone 1
of the Landslide Moratorium Area to be developed with single-family residences; and
WHEREAS, Ordinance No. 577 purported to include the full text of Section
15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code,
with the new text of exception category "T" underlined to demonstrate clearly the full
language of the new exception category; and
WHEREAS, due to a typographical error, the incorrect text of Section 15.20.040,
subsections "H," "K," "N," and "P" were included in Ordinance No. 577; and
WHEREAS, as a result of the typographical error in Ordinance No. 577, the
Rancho Palos Verdes Municipal Code printers (Municipal Code Corporation) included
the incorrect text of Section 15.20.040, subsections "H," "K," "N," and "P" in the updated
printed version and online version of the Rancho Palos Verdes Municipal Code; and
WHEREAS, the updated Rancho Palos Verdes Municipal Code was uploaded to
the City's website and printed copies were made available in May of 2016; and
WHEREAS, pursuant to Government Code section 36937 (b), the City Council
may adopt an urgency ordinance which takes effect immediately if the ordinance is for
the immediate preservation of the public peace, health or safety, the ordinance contains
a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of
the City Council; and
WHEREAS, the City Council finds that the incorrect text of Section 15.20.040,
subsections "H," "K," "N,' and "P" which was included in Ordinance No. 577 and which is
now improperly included in the Rancho Palos Verdes Municipal Code was not properly
noticed as an amendment to the municipal code, nor was it considered by the City
Council, thereby making it an improper addition to the Rancho Palos Verdes Municipal
Code; and
WHEREAS, the City Council finds that the allowing the incorrect text of Section
01203.0005/303737.1
15.20.040, subsections "H," "K," "N," and "P" to remain in the Rancho Palos Verdes
Municipal Code would invite confusion among City residents and staff in applying
development standards in the landslide moratorium area, and would not provide the
clarity needed for residents considering whether to submit development applications;
and,
WHEREAS, the City Council finds that the immediate clarification of the
language of Section 15.20.040, subsection "P" is necessary to preserve the public
health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the recitals contained in this ordinance
are true and correct, relies upon them in passing this ordinance, and incorporates them
herein as though set forth in full herein.
Section 2: The City Council hereby amends Ordinance No. 577 to replace the
language of exception category "H" with the following language:
H. Minor projects on a lot that is in the 'landslide moratorium area,' as outlined in
red on the landslide moratorium map on file in the director's office, and currently
is developed with a residential structure or other lawfully existing nonresidential
structure and involves an addition to an existing structure, enclosed patio,
conversion of an existing garage to habitable space or construction of a
permanent attached or detached accessory structure and does not exceed a
cumulative project(s) total of 1,200 square feet per parcel; provided that a
landslide moratorium exception permit is approved by the director and provided
that the project complies with the criteria set forth in Section 15.20.050
(Landslide Mitigation Measures Required) and does not include any additional
plumbing fixtures, unless the lot is served by a sanitary sewer system. The 1,200
square foot limitation on cumulative projects that can be approved on a lot
pursuant to this subsection includes the construction of a new garage, which can
be approved pursuant to subsection L of this section. November 5, 2002, is the
date that shall be used for determining the baseline square footage, based upon
city and county building permit records, for purposes of calculating the square
footage of any cumulative project(s) and of any additions that may be
constructed pursuant to this subsection H. Minor projects involving the
construction of an enclosed permanent detached accessory structure shall
include a requirement that a use restriction covenant, in a form acceptable to the
city, that prevents the enclosed permanent detached accessory structure from
being used as a separate dwelling unit is recorded with the Los Angeles County
Registrar-Recorder. Such covenant shall be submitted to the director prior to the
issuance of a building permit. Prior the approval of a landslide moratorium
exception permit for such minor projects, the applicant shall submit to the director
any geological or geotechnical studies reasonably required by the city to
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Ordinance No. 585U
Page 2 of 5
demonstrate to the satisfaction of the city geotechnical staff that the proposed
project will not aggravate the existing situation:
Section 3: The City Council hereby amends Ordinance No. 577 to replace the
language of exception category "K" with the following language:
K. Minor projects on a lot that is in the 'landslide moratorium area,' as outlined in
blue on the landslide moratorium map on file in the director's office, and currently
is developed with a residential structure or other lawfully existing nonresidential
structure and involves an addition to an existing structure, enclosed patio,
conversion of an existing garage to habitable space or construction of a
permanent attached or detached accessory structure and does not exceed a
cumulative project(s) total of 1,200 square feet per parcel: provided that a
landslide moratorium exception permit is approved by the director and provided
that the project complies with the criteria set forth in Section 15.20.050
(Landslide Mitigation Measures Required) and does not include any additional
plumbing fixtures, unless the lot is served by a sanitary sewer system. The 1,200
square foot limitation on cumulative projects that can be approved on a lot
pursuant to this subsection includes the construction of a new garage, which can
be approved pursuant to subsection L of this section. November 5, 2002, is the
date that shall be used for determining the baseline square footage, based upon
city and county building permit records, for purposes of calculating the square
footage of any cumulative project(s) and of any additions that may be
constructed pursuant to this subsection K. Minor projects involving the
construction of an enclosed permanent detached accessory structure shall
include a requirement that a use restriction covenant, in a form acceptable to the
city, that prevents the enclosed permanent detached accessory structure from
being used as a separate dwelling unit is recorded with the Los Angeles County
Registrar-Recorder. Such covenant shall be submitted to the director prior to the
issuance of a building permit. Prior the approval of a landslide moratorium
exception permit for such minor projects, the applicant shall submit to the director
any geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed
project will not aggravate the existing situation:
Section 4: The City Council hereby amends Ordinance No. 577 to replace the
language of exception category "N" with the following language:
N. Minor projects on those lots that are currently developed with a residential
structure, which do not involve new habitable space or the addition of a
swimming pool or spa, which cannot be used as a gathering space and viewing
area, and which do not constitute lot coverage:
Section 5: The City Council hereby amends Ordinance No. 577 to replace the
language of exception category "P" with the following language:
P. The construction of residential buildings, accessory structures, and grading
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Ordinance No. 585U
Page 3 of 5
totaling less than one thousand cubic yards of combined cut and fill and
including no more than fifty cubic yards of imported fill material on the sixteen
(16) undeveloped lots in Zone 2 of the "landslide moratorium area"as outlined in
green on the landslide moratorium map on file in the director's office, identified
as belonging to the plaintiffs in the case "Monks v. City of Rancho Palos Verdes,
167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist., 2008)"; provided,
that a landslide moratorium exception permit is approved by the director, and
provided that the project complies with the criteria set forth in Section 15.20.050
(Landslide Mitigation Measures Required) of this chapter. Such projects shall
qualify for a landslide moratorium exception permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary
sewer system. Prior to the issuance of a landslide moratorium exception permit,
the applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed project will not aggravate the existing
situation.
Section 6: The City Council finds that this ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections
15061(b)(3) because it can be seen with certainty that it will not have a significant effect
or physical change to the environment.
Section 7: 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 8: 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 9: This Ordinance shall go into effect immediately.
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Ordinance No. 585U
Page 4 of 5
PASSED, APPROVED and ADOPTED this 19t" day of July 2016.
zeAte
May/
ATTEST:
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 numbers of the City Council of said City is five; that the foregoing
Ordinance No. 585U was duly and regularly adopted by the City Council of said City at
a regular meeting thereof held on July 19, 2016 and that the same was passed by the
following roll call vote:
AYES: Brooks, Duhovic, and Misetich
NOES: Dyda
ABSENT: Campbell
ABSTAINED: None
1 f
City Clerk
01203.0005/303737.1
Ordinance No. 585U
Page 5 of 5
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 July 21, 2016, she caused to be posted the following document entitled:
ORDINANCE NO. 585U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING ORDINANCE NO.577 CLARIFYING THAT THE CITY
COUNCIL'S ADOPTION OF ORDINANCE NO. 577 SOLELY ESTABLISHED AN
EXCEPTION CATEGORY ("T") TO ALLOW RESIDENTIAL DEVELOPMENT
WITHIN THE LANDSLIDE MORATORIUM BOUNDARY AREA OF ZONE 1 AND
DID NOT AMEND ANY OF THE EXISTING EXCEPTION CATEGORIES ("H," "K,"
"N," OR"P")TO THE LANDSLIDE MORATORIUM ORDINANCE(CHAPTER 15.20
OF THE RANCHO PALOS VERDES MUNICIPAL CODE), 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.
if_ A A,
City lerk