RPVCCA_CC_SS_2015_04_21_02E_Moratorium_On_Land_Use_PermitsATTACHMENT
TO
ORAL REPORT
Chapter 15.20 - MORATORIUM ON LAND USE PERMITS*
Sections:
FOOTNOTE(S):
* Prior ordinance history: Ordinances 108U, 118U, 120U, 123U, 128U, 130U, 131U, 139U, 140U, 143U,
148U, 155U, 208, 223, 247, 249U and 276.
15.20.010 - Definitions.
The following definitions shall apply to this chapter:
"Alter" means to change in some, but not all, aspects where necessary to continue the use of, and
where repair, replacement and restoration are not possible.
"Director" means the director of planning, building and code enforcement.
"Geologic investigation permit" means a permit issued by the city to allow field research for the
preparation of geologic, geotechnical or soils reports. Field research shall include investigative trenching,
boring or grading which is performed mechanically or by hand. Such trenching, boring or grading shall
pertain only to the accumulation of necessary data.
"Maintenance" means to keep in a particular safe condition.
"Repair" means to bring back to a safe condition after partial decay or destruction.
"Replacement" means to exchange a damaged portion for a new equivalent portion without changing
form or function. For a dwelling unit it means to construct a new portion of a dwelling to substitute for that
existing prior to damage.
"Restoration" means to bring back to the original condition.
"Permanent detached accessory structure" means a structure that is constructed on a permanent
foundation, separate from and appurtenant to a main dwelling unit, which meets the minimum Uniform
Building Code standards for human habitation, does not include any kitchen facilities and is not used as a
separate dwelling unit. Acceptable structures shall include guest rooms, workshops or similar structures.
"Plumbing fixture" means a plumbing fixture as defined by the Uniform Plumbing Code, unless
expressly defined otherwise in this chapter.
"Served by a sanitary sewer system" means that an operational sanitary sewer system is located within
the boundaries of the subject lot or parcel or is located within a thoroughfare or right-of-way that is
immediately adjacent to the lot or parcel and is no more than 200 feet from the boundary of the lot or parcel.
(Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995)
15.20.020 - New construction permits not issued.
Notwithstanding any other ordinance or code of the city, the city declares a moratorium on the filing,
processing, approval or issuance of building, grading or other permits, environmental assessments,
environmental impact reports, conditional use permits, tentative maps or parcel maps in the area of the city
identified as the "landslide moratorium area" as outlined in red on the landslide moratorium map on file in
the office of the director, unless expressly allowed by Section 15.20.040 (Exceptions) of this chapter.
However, the filing and preparation of environmental assessments, initial studies, negative declarations or
environmental impact reports for the exclusive purpose of determining whether a parcel of land may be
excluded from the moratorium pursuant to Section 15.20.100 (Exclusions) of this chapter are not precluded
by this section.
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(Ord. 309 § 4 (part), 1995)
15.20.030 - Revocation of unused permits.
Any building, grading permit or other permit for new construction in the landslide moratorium area
which has been previously granted by the city but which has not been acted upon in substantial reliance by
the holder thereof is revoked.
(Ord. 309 § 4 (part), 1995)
15.20.040 - Exceptions.
The moratorium shall not be applicable to any of the following:
A. Maintenance of existing structures or facilities which do not increase the land coverage of those
facilities or add to the water usage of those facilities;
B. Replacement, repair or restoration of a residential building or structure which has been damaged
or destroyed due to one of the following hazards, 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:
1. A Geologic Hazard. Such structure may be replaced, repaired or restored to original
condition; provided, that such construction shall be limited to the same square footage and
in the same general location on the property and such construction will not aggravate any
hazardous geologic condition, if a hazardous geologic condition remains. Prior to the
approval 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. The applicant shall comply with any requirements imposed by the city's
geotechnical staff and shall substantially repair the geologic condition to the satisfaction of
the city geotechnical staff prior to the issuance of a final building permit. Upon application to
the director, setbacks may conform to the setbacks listed below:
Minimum Setback Standards
Front Interior side Street side Rear
20 5 10 15
2. A Hazard Other Than a Geologic Hazard. Such structure may be replaced, repaired or
restored to original condition; provided, that such construction shall be limited to the same
square footage and in the same general location on the property and such construction will
not aggravate any hazardous condition, if a hazardous condition remains. Prior to the
approval 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. Upon application to the director, setbacks may conform to the setbacks
listed in subsection (13)(1) of this section;
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C. Building permits for existing structures which were constructed prior to October 5, 1978, for which
permits were not previously granted, in order to legalize such structure(s). Such permits may only
be granted if the structure is brought into substantial compliance with the Uniform Building Code;
D. The approval of an environmental assessment or environmental impact report for a project as to
which the city or redevelopment agency is the project applicant;
E. Projects that are to be performed or constructed by the city or by the Rancho Palos Verdes
Redevelopment Agency to mitigate the potential for landslide or to otherwise enhance public
safety;
F. Remedial grading to correct problems caused by landslide or to otherwise enhance public safety,
performed pursuant to a permit issued pursuant to Section 17.76.040(B)(3) of this code;
G. Geologic Investigation Permits. Prior to the approval of such a 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 investigation will
not aggravate the existing situation;
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;
Construction or installation of temporary minor nonresidential structures which are no more than
320 square feet in size, with no plumbing fixtures and which do not increase water use, may be
approved by the director. If the lot is served by a sanitary sewer system, the permit may allow the
installation of plumbing fixtures. All permits shall include a requirement that a use restriction
covenant, in a form acceptable to the city which prevents the structure from being used for any
purpose other than a nonhabitable use, is recorded with the Los Angeles County Registrar -
Recorder. A minor nonresidential structure is defined as temporary if the building code does not
require it to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not
be erected upon or attached to such a foundation. Prior to approval of the application, 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;
Submittal of a lot -line adjustment application;
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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;
Construction of one attached or detached garage per parcel that does not exceed an area of 600
square feet, without windows or any plumbing fixtures, on a lot that currently is developed with a
residential structure or other lawfully existing nonresidential structure; 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). If the lot
is served by a sanitary sewer system, the permit may allow the installation of windows and
plumbing fixtures in the garage. The approval of a landslide moratorium exception permit for such
a project shall be conditioned to require that a use restriction covenant, in a form acceptable to
the city, that prevents the garage from being used for any purpose other than parking of vehicles
and storage of personal property 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
to the approval of a landslide moratorium exception permit for such garage, 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's geotechnical staff that the proposed project will not
aggravate the existing situation;
M. Submittal of applications for discretionary planning permits for structures or uses which are
ancillary to the primary use of the lot or parcel, where there is no possibility of any adverse impact
upon soil stability. Examples of these types of applications include special use permits for minor,
temporary uses and events; fence, wall and hedge permits that do not involve grading or the
construction of retaining walls; permits for the keeping of large domestic animals and exotic
animals; conditional use permits for the establishment of a use or activity at or on an existing
structure where no structural modifications are required; and such other uses, activities and
structures that the city geotechnical staff determines to have no potential for adverse impacts on
landslide conditions;
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;
O. Permits issued pursuant to Section 15.20.110 (Required Connection to Operational Sanitary
Sewer System) of this chapter to connect existing structures with functional plumbing fixtures to
an operational sewer system;
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P. The construction of residential buildings, accessory structures, and grading totaling less than
1,000 cubic yards of combined cut and fill and including no more than 50 cubic yards of imported
fill material on the 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.
Q. Non -remedial grading, up to a cumulative maximum total of 50 cubic yards of grading per legal
lot, on lots developed with a residential structure or other lawfully existing non-residential
structure, provided that the grading is balanced on site with no imported material and provided
the appropriate geological or geotechnical studies are submitted to demonstrate to the
satisfaction of the city's geotechnical staff that the proposed grading will not aggravate the existing
landslide situation.
(Ord. 474 § 23, 2008; Ord. 462 § 7, 2007; Ord. 459U §§ 2, 3, 2007; Ord. 407 § 6, 2004; Ord. 383 §
5, 2002; Ord. 382U § 5, 2002; Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995)
(Ord. No. 498, § 6, 9-15-09; Ord. No. 501 U, § 6, 12-15-09; Ord. No. 502, § 6, 1-5-10; Ord. No. 526,
§§ 2-4, 10-18-11; Ord. No. 552, § 1, 12-3-13)
15.20.050 - Landslide mitigation measures required.
Within the landslide moratorium area as identified in Section 15.20.020 (New Construction Permits
Not Issued) of this chapter, the city shall require that appropriate landslide abatement measures be
implemented as conditions of issuance of any permit issued pursuant to this chapter. With respect to
proposed projects and uses requiring a landslide moratorium exception permit pursuant to Sections
15.20.040(8), (H), (K), (L) and (P), which must satisfy all of the criteria set forth in this section, the conditions
imposed by the city shall include, but not be limited to, the following:
A. If lot drainage deficiencies are identified by the director of public works, all such deficiencies shall
be corrected by the applicant.
B. If the project involves additional plumbing fixtures, or additions of habitable space which exceed
200 square feet, or could be used as a new bedroom, bathroom, laundry room or kitchen, and if
the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with
approved holding tank systems in which to dispose of on-site waste water. The capacity of the
required holding tank system shall be subject to the review and approval of the city's building
official. For the purposes of this subsection, the addition of a sink to an existing bathroom, kitchen
or laundry room shall not be construed to be an additional plumbing fixture. For those projects
which involve additions of less than 200 square feet in total area and which are not to be used as
a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a
covenant specifically agreeing that the addition of the habitable space will not be used for those
purposes. Such covenant shall be submitted to the director for recordation prior to the issuance
of a building permit. For lots or parcels which are to be served by a sanitary sewer system on or
after the effective date of the ordinance codified in this section (July 6, 2000), additional plumbing
fixtures may be permitted and the requirement for a holding tank may be waived, provided that
the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is
approved and/or under construction but is not yet operational at the time that a project requiring
a landslide moratorium exception permit is approved, the requirement for a holding tank may be
waived, provided that the lot or parcel is required to be connected to the sanitary sewer system
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pursuant to Section 15.20.110 (Required Connection to Operational Sanitary Sewer System) of
this chapter, or by an agreement or condition of project approval.
C. Roof runoff from all buildings and structures on the site shall be contained and directed to the
streets or an approved drainage course.
D. If required by the city geotechnical staff, the applicant shall submit a soils report, and/or a
geotechnical report, for the review and approval of the city geotechnical staff.
E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for
recordation a covenant agreeing to support and participate in existing or future sewer and/or
storm drain assessment districts and any other geological and geotechnical hazard abatement
measures required by the city. Such covenant shall be submitted to the director prior to the
issuance of a building permit.
F. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for
recordation a covenant agreeing to an irrevocable offer to dedicate to the city a sewer and storm
drain easement on the subject property, as well as any other easement required by the city to
mitigate landslide conditions. Such covenant shall be submitted to the director prior to the
issuance of a building permit.
G. A hold harmless agreement satisfactory to the city attorney promising to defend, indemnify and
hold the city harmless from any claims or damages resulting from the requested project. Such
agreement shall be submitted to the director prior to the issuance of a building permit.
H. The applicant shall submit for recordation a covenant agreeing to construct the project strictly in
accordance with the approved plans; and agreeing to prohibit further projects on the subject site
without first filing an application with the director pursuant to the terms of this chapter. Such
covenant shall be submitted to the director for recordation prior to the issuance of a building
permit.
I. All landscaping irrigation systems shall be part of a water management system approved by the
director of public works. Irrigation for landscaping shall be permitted only as necessary to maintain
the yard and garden.
J. If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves the
applicant's property shall be inspected to verify that there are no cracks, breaks or leaks and, if
such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate
them, prior to the issuance of a building permit for the project that is being approved pursuant to
the issuance of the moratorium exception permit.
K. All other necessary permits and approvals required pursuant to this code or any other applicable
statute, law or ordinance shall be obtained.
(Ord. 459U § 4, 2007; Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995)
(Ord. No. 498, § 7, 9-15-09; Ord. No. 526, § 5, 10-18-11)
15.20.060 - Application.
A. Applicants for an exception to this chapter under Sections 15.20.040(6), (H), (K), (L), (P), and (Q),
shall file an application for a landslide moratorium exception permit with the director. The application
shall be signed by the property owner, and shall include the following:
A letter, signed by the property owner, setting forth the reason for request, as well as a full
description of the project;
Copies of a site plan, showing accurate lot dimensions; the location, dimensions, and heights of
all existing and proposed structures; the location of the existing and proposed septic systems
and/or holding tank systems; and the location of the existing and/or proposed sanitary sewer
system, if the site is or will be served by a sanitary sewer system. The number of copies required
shall be determined by the director;
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Information satisfactory to the city's geotechnical staff (including but not limited to geological,
geotechnical, soils or other reports) reasonably required by the city to demonstrate that the
proposed project will not aggravate the existing situation;
4. A fee as established by resolution of the city council;
5. If grading is proposed, a grading plan showing the topography of the lot and all areas of project
cut and fill, including a breakdown of the earthwork quantities.
B. A landslide moratorium exception permit application shall become null and void if, after submitting the
required application to the director, the application is administratively withdrawn by the director
because the application is allowed to remain incomplete by the applicant for a period which exceeds
180 days, or if the application is withdrawn by the applicant.
(Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995)
(Ord. No. 498, § 8, 9-15-09; Ord. No. 552, § 2, 12-3-13)
15.20.070 - Appeals.
Any interested person may appeal any decision or any condition imposed by the director to the city
council by filing a written request, together with an appeal fee as established by resolution of the city council,
with the city within 15 days after the decision is made.
(Ord. 309 § 4 (part), 1995)
15.20.080 - Expiration.
A moratorium exception permit shall become null and void after 180 days from the date of issuance
unless the planning applications necessary for the proposed project have been submitted to the director.
The director may grant extensions beyond these periods for good cause.
(Ord. 309 § 4 (part), 1995)
15.20.090 - Municipal code and environmental regulations.
The building code, as amended, and existing plan checking procedures are adequate and appropriate
to allow and regulate maintenance, repair, restoration, replacement and alteration as defined in this chapter.
The Administrative Code, including Sections 309 through 319 as added by Section 15.18.110, applies and
permits are required. Nothing contained in this chapter shall except the proposed construction or use from
any requirement or regulation of the building code, zoning ordinance or other ordinance of this code or the
California Environmental Quality Act.
(Ord. 309 § 4 (part), 1995)
15.20.100 - Exclusions.
For a parcel of land to be excluded from the landslide moratorium area, a landowner, or his designated
agent, may apply for such exclusion to the city council.
A. Application. To obtain an exclusion from this chapter, an applicant shall file an application for
exclusion with the director and signed by the property owner. An application shall not be deemed
complete until all required geology studies have been completed and review has been completed
by the city geotechnical staff. An application shall include the following:
The reason for the request;
2. A legal description of the property and a map of the property;
3. All anticipated development applications;
4. Any existing geological or geotechnical reports or necessary geology studies as determined
by the city geotechnical staff;
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5. A fee as established by the city council;
6. Any additional information as determined by the director or the city geotechnical staff;
7. A completed environmental assessment.
B. Public Hearing. Notice shall be published in a newspaper of general circulation in the community
not less than 15 days before the date set for the city council hearings. The notice shall contain all
data pertinent to the hearing. Written notice shall also be mailed not less than 15 days before the
date set for the city council hearing to owners of property shown on the last equalized assessment
roll as owning real property within 500 feet of the boundaries of the subject property.
C. Findings. Upon approval of a landslide moratorium exclusion, the city council shall find as follows:
1. The exclusion is consistent with the general plan and any applicable specific plan of the city,
including but not limited to, the coastal specific plan of the city;
2. The exclusion promotes the health, safety and welfare of the community;
3. The exclusion shall not aggravate any existing geologic conditions in the area.
D. Conditions on Issuance of Approval. In granting any exclusion under this chapter, the city council
may impose such conditions as may be reasonably necessary to preserve the intent of the goals
and policies of the general plan and the provisions of the municipal code, which conditions shall
include, but are not limited to, recording a covenant against the property documenting the nature
and scope of any significant remedial grading, which is defined as excavation, fill or any
combination thereof, which involves the redistribution of earth materials for the purpose of
reestablishing the stability and continuity of said area, and which involves: (1) excavation, fill or
any combination thereof in excess of 1,000 cubic yards within any two-year period, or (2)
excavation ten feet or more below preconstruction grade or fill ten feet or more above
preconstruction grade.
(Ord. 416 § 4, 2005; Ord. 309 § 4 (part), 1995)
15.20.110 - Required connection to operational sanitary sewer system.
Any owner of a lot or parcel within the "landslide moratorium area," as outlined in red or green on the
landslide moratorium map on file in the director's office, which is developed with a residential structure or
any other structure that contains one or more operational plumbing fixtures and is served by a sanitary
sewer system, as defined in this chapter, shall connect such structure(s) to the sanitary sewer system within
six months after the commencement of operation of the sanitary sewer system. Either the director or the
director of public works shall determine whether a lot or parcel is served by a sanitary sewer system,
whether a structure contains one or more operational plumbing fixtures, or whether the connection to the
sewer system is performed properly, including, without limitation, removal, or the discontinuation of the use,
of any existing septic system.
(Ord. 357 § 5 (part), 2000)
(Ord. No. 498, § 9, 9-15-09)
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
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until all required geology studies have been completed to the satisfaction of the city's geologist.
An application shall include the following:
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 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 Iandside 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 six 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 six 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.
(Ord. No. 517, § 1, 1-18-11; Ord. No. 521, § 1, 5-3-11)
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