ORD 586 ORDINANCE NO. 586
AN 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, 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, City staff has not received any applications for development under Section
15.20.040, subsections "H," "K," "N," or "P" since the incorrect version of these sections were
printed in the Rancho Palos Verdes Municipal Code; 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
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, 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 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 projects) 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,
Ordinance No. 586
Page 2 of 4
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 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.
Ordinance No. 586
Page 3 of 4
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 6: Effective Date. This ordinance shall be in effect on the thirty-first (31'n)
day after the day of its adoption.
PASSED, APPROVED and ADOPTED this 2nd day of August 2016.
Mayor
ATTEST:
C4A-
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. 586 passed first reading on July 19, 2016, was duly and regularly adopted by
the City Council of said City at a regular meeting thereof held on August 2, 2016, 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 � C
City Clerk
•
Ordinance No. 586
Page 4 of 4
0#4
4P
4yd•:
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 August 4, 2016, she caused to be posted the following document
entitled: ORDINANCE NO. 586,AN 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.
/// /
City Clerk