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CC SR 20160719 R - LME Ordiance 577 and Urgency OrdinanceRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 07/19/2016 AGENDA HEADING: Consent Calendar Consideration and possible action to adopt an Urgency Ordinance and Ordinance to amend Ordinance No. 577, thereby clarifying the code language for Chapter 15.20.040 (H), (K), (N), and (P). RECOMMENDED COUNCIL ACTION: (1) Adopt Urgency Ordinance No. U, an urgency ordinance of the City of Rancho Palos Verdes, amending Ordinance No. 577 clarifying that the 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," and "P") to the Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho Palos Verdes Municipal Code. (2) Introduce Ordinance No. amending Ordinance No. 577 clarifying that 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," and "P") to the Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho Palos Verdes Municipal Code. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Leza Mikhail, Senior Planner REVIEWED BY: Ara Mihranian, Community Development Director APPROVED BY: Doug Willmore, City Manager."w''•'", ; ATTACHED SUPPORTING DOCUMENTS: A. Urgency Ordinance No. U (Page A-1) B. Ordinance No. (Page B-1) BACKGROUND AND DISCUSSION: On January 19, 2016, the City Council adopted Ordinance No. 577 which established exception category "T" of Chapter 15.20.040 of the City's Moratorium on Land Use Permits. Exception category "T" allows vacant undeveloped parcels within Zone 1 of the Landslide Moratorium Area to be developed with single-family residences and 01203.0005/303734.1 1 accessory structures up to a cumulative total of 8,000 square feet. The actual Ordinance that was prepared included the full text of Chapter 15.20.040, with the new text of exception category "T" underlined to demonstrate clearly the full language of the new exception category. However, incorrect text of Section 15.20.040, subsections H, K, N and P were inadvertently included in the Ordinance that was eventually adopted by the Council. As a result, the updated text in the Municipal Code now includes incorrect text of Section 15.20.040, subsections "H," "K," "N," and "P" which needs to be corrected to accurately reflect the respective Council -adopted ordinances. As such, in order to preserve the public peace, health and safety of the City, pursuant to Government Code Section 36937(b), the City Council may adopt an Urgency Ordinance declaring the facts constituting the urgency until the corrected ordinance is adopted. By not adopting the urgency ordinance, which would immediately correct the incorrect text of Section 15.20.040, subsections "H," "K," "N," and "P", it would invite confusion among City residents and Staff in applying development standards in the landslide moratorium area. Furthermore, the public was never provided notice of revisions to subsections "H," "K," "N," or "P", and there was no consideration by the City Council to amend sections "H," "K," "N," or "P". As such, Staff recommends that the City Council amend Ordinance No. 577, sections "H," "K," "N," and "P" as noted in the attached Urgency Ordinance and Ordinance. If adopted, the urgency ordinance will go into full force and effect immediately after adoption. Additionally, if adopted, the regular Ordinance will be introduced this evening, and will be adopted at the next regularly scheduled City Council meeting. 01203.0005/303734.1 2 ORDINANCE NO. U 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 A-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 projects) total of 1,200 square feet per parcel; provided that a landslide moratorium exception permit is approved by the director and provided that the prosect 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 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 01203.0005/303737.1 Ordinance No. Page 2 of 5 A-2 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 aroiects on those lots that are currently develoaed 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 aradina 01203.0005/303737.1 Ordinance No. Page 3 of 5 A-3 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 LLandslide 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 thecity _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. 01203.0005/303737.1 Ordinance No. Page 4 of 5 A-4 PASSED, APPROVED and ADOPTED this 19th day of July 2016. Mayor 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. U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 19, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAINED: City Clerk 01203.0005/303737.1 Ordinance No. Page 5 of 5 A-5 ORDINANCE NO. 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 01203.0005/303741.1 B-1 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 aroiects 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 proiect(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 prosect 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 proiect 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 protects 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 01203.0005/303741.1 Ordinance No. Page 2 of 5 B-2 structure and involves an addition to an existina structure. enclosed 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 dwellinq 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 proiect 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 proiect complies with the criteria set forth in Section 15.20.050 01203.0005/303741.1 Ordinance No. Page 3 of 5 B-3 (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 6: Effective Date. This ordinance shall be in effective on the thirtieth (30th) day after the day of its adoption. 01203.0005/303741.1 Ordinance No. Page 4 of 5 B-4 PASSED, APPROVED and ADOPTED this 19th day of July 2016. Mayor 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 number of members of the City Council of said City is five; that the foregoing Ordinance No. 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 and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK 01203.0005/303741.1 Ordinance No. Page 5 of 5 B-5