CC SR 20150721 02 - Landslide Moratorium Area Code AmendmentCITY OFi�RANCHO PALOS VERDES
PUBLIC HEARING
Date: July 21, 2015
Subject: Code Amendment to Chapter 15.20 (Moratorium on Land Use
Permits) of the Rancho Palos Verdes Municipal Code to Establish an
Exception Category to Allow the Construction of Barns or Other
Similar Non -Habitable Structures that are used for the Sole Purpose
of Housing Animals
Subject Property: Landslide Moratorium Area
1. Report of Notice Given: City Clerk Morreale
2. Declare the Hearing Open: Mayor Knight
3. Staff Report & Recommendation: Senior Planner Leza Mikhail
4. Public Testimony:
Appellants: N/A
Applicants: City
5. Council Questions:
6. Rebuttal:
7. Declare Hearing Closed: Mayor Knight
8. Council Deliberation:
9. Council Action:
Public Hearing
Cover Page
CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR &MEMBERS OF THE CIT COUNCIL
FROM: JOEL ROJAS, COMMUNITY DEVELOPM IRECTOR
DATE: JULY 211 2015
SUBJECT: CODE AMENDMENT TO CHAPTER 15.20 (MORATORIUM ON
LAND USE PERMITS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO ESTABLISH AN EXCEPTION
CATEGORY TO ALLOW THE CONSTRUCTION OF BARNS OR
OTHER SIMILAR NON -HABITABLE STRUCTURES THAT ARE
USED FOR THE SOLE PURPOSE OF HOUSING ANIMALS.
REVIEWED: DOUG WILLMORE, CITY M GER
Project Manager: Leza Mikhail, Senior Planner
RECOMMENDATION
Introduce Ordinance No. , thereby amending Chapter 15.20 (Moratorium on Land Use
Permits) of the RPVMC to establish a Landslide Moratorium Exception Category to allow
the construction of barns, or other similar non -habitable structures that are used for the sole
purpose of housing animals within the City's landslide moratorium area, subject to certain
conditions, provided the City's geotechnical staff determines that said structure(s) do not
have the potential to create adverse impacts on landslide conditions.
BACKGROUND
At the March 3, 2015 City Council meeting, during the "Future Agenda Items" portion of the
agenda, Councilman Duhovic noted that he had spoken to a property owner within the
City's Landslide Moratorium area who was concerned that he could not build a barn to
house his horses. More specifically, the concerned resident noted that he recently improved
his developed property with a 1,200 square foot addition; however, he was prevented from
constructing a barn to house his horses, since the City's current Landslide Moratorium
Ordinance does not permit new construction that exceeds 1,200 square feet in area.
Councilman Duhhovic noted that he would bring the topic back for further discussion at a
future study session.
On April 21, 2015, during the "Special Study Session" portion of the agenda, Councilman
Duhovic presented the current Landslide Moratorium Area code language to the members
of the City Council for discussion. The City Council agreed that the existing moratorium
language should be changed to allow structures for the keeping of animals that doesn't
count toward the 1,200 square foot limitation for additional structures. Thus, the City Council
directed Staff to bring back an item on a future agenda that would address this change to
the Municipal Code. Pursuant to City Council direction, Staff is presenting an Ordinance to
the City Council that would amend Chapter 15.20 (Moratorium on Land Use Permits) of the
City's Municipal Code to create a new Moratorium exception category to allow applications
for barns and other similar non -habitable structures used solely to provide housing for
animals within the City's landslide moratorium boundary subject to certain requirements.
DISCUSSION
Proposed Ordinance
The City's Landslide Moratorium Ordinance prevents the "filing, processing, approval or
issuance of building, grading or other permits" in the Landslide Moratorium Area. However,
the moratorium is not applicable to a number of specific exceptions listed in Section
15.20.040. While there are moratorium exceptions for "minor projects ... [involving] 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
that does not exceed a cumulative project(s) total of 1,200 square feet per parcel..."
(Moratorium Exceptions 'H' and `K'), there is no separate exception for non -habitable
structures that are used solely for the keeping of animals. Although all properties within the
Landslide Moratorium Area are located within the City's Equestrian District, and the current
moratorium ordinance allows for non -habitable structures, such as barns, under Exceptions
'H' and 'K,' non -habitable structures for the keeping of animals would count against the
maximum 1,200 square foot allowance. As such, a property owner's ability to construct
habitable and non -habitable additions to their existing residence and property are limited,
despite being on a developed property within an equestrian zone.
After discussions with the City's Geologist, Staff believes that barns and other non -habitable
structures used for the sole purpose of housing animals within the Landslide Moratorium
Area could be permitted, provided a geology report is approved by the City Geologist. As
such, Staff is recommending that the City Council amend Chapter 15.20 of the City's
Moratorium Ordinance to create a new exception category that would allow said structures
on a legally developed lot, provided the appropriate geologic reports are submitted to and
approved by the City Geologist demonstrating that construction will not aggravate the
existing landslide situation. Staff is also recommending that said animal keeping structures
be allowed only on lots served by a sanitary sewer system, not exceed a maximum roofed
area of 1,600 square feet, and not be fully enclosed so that they must be open to the air
along a minimum of one exterior fagade. The 1,600 square foot size limitation is based on
the City's horse keeping standards, which allow up to four (4) horses on a lot "by -right" and
a minimum of 400 square feet of area for each animal. Requiring that these structures not
be fully enclosed reduces the ability of a property owner to illegally convert the non -
FA
habitable structure to a habitable structure in the future. Furthermore, to prevent the
conversion of the structure to habitable area, Staff is recommending that a covenant be
required to be recorded against a property for those who wish to utilize this exception
category.
Listed below, is the proposed code amendment to Chapter 15.20 (Moratorium Land Use
Permits) to add a new exception ("R") to allow barns and other similar non -habitable
structures that are used for the sole purpose of keeping animals within the City's "landslide
moratorium area." The relevant code section is shown in underline text, representing
additional language.
15.20.040 Exceptions.
The moratorium shall not be applicable to any of the following:
R. The construction of a barn or other similar non -habitable structure(s)used for
the sole purpose of housing animals on lots that are currently legally developed with
a residential structure. Said non -habitable structures shall only be permitted on lots
that are served by a sanitary sewer system, shall not exceed a maximum roofed
area of 1,600 square feet, and shall not count against the 1,200 square foot
limitation set forth in Paragraphs `N' and `K' of this Section. A use restriction
covenant, in a form acceptable to the City Attorney, which prevents the structure
from being used for any purpose other than a non -habitable use for animal keeping,
shall be recorded with the Los Angeles County Registrar -Recorder against the title to
said property. Said non -habitable structures shall be constructed and maintained so
that the structure(s), and all interior spaces of said structure(s), are not fully enclosed
and at least one wall along one exterior fagade is open to the air at all times. Prior to
approval of an 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 non -habitable structure
will not aggravate the existing situation,
ADDITIONAL INFORMATION
CEQA Compliance
Staff has reviewed the proposed application for compliance with the California
Environmental Quality Act (CEQA). It has been determined 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, developed residential lot for the keeping of animals
in an equestrian district) of existing developed lots which would result in a negligible
expansion of the existing residential use. Furthermore, Staff believes that 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
3
proposed code amendment will only permit small, non -habitable structures on developed
lots, and only after demonstrating to the City's geologist that the minor construction will not
aggravate the existing situation.
CONCLUSION
Based on the information described in this Staff Report and discussed by the City Council at
the March 3, 2015 and April 21, 2015 City Council meetings, amending 15.20 of the City's
Moratorium Ordinance would allow property owners in the City's Landslide Moratorium Area
to construct barns and other similar non -habitable structures that will be used for the sole
purpose of housing animals, without counting the construction against the 1,200 square foot
limitation for additions on legally developed parcels. As such, Staff recommends that the
City Council introduce Ordinance No. , revising the City's Moratorium Ordinance to
establish an exception category ('R') to allow construction of non -habitable structures for
housing animals on lots developed with a residential structure and served by a sanitary
sewer system within the City's landslide moratorium area.
FISCAL IMPACT
Revising the City's Moratorium Ordinance (Title 15) to allow the construction of barns and
other non -habitable structures used for the sole purpose of housing animals within the City's
landslide moratorium area may lead to increased revenues in the form of Planning and
Building application and permit fees to offset the City's cost to process the applications
under the new Exception Category R.
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for
consideration by the City Council:
1) Direct Staff to revise the limitations proposed in the draft Ordinance and return to the
City Council with an amended Ordinance for introduction; or
2) Deny the proposed code amendment to Title 15.
Attachments
Draft Ordinance No. - (Page 5)
Current Landslide Moratorium Code Language (Chapter 15.20) — (Page 9)
M
Draft ordinance No,
ORDINANCE NO.
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 (`R') TO ALLOW THE CONSTRUCTION OF BARNS,
OR OTHER SIMILAR NON -HABITABLE STRUCTURES, USED FOR THE SOLE
PURPOSE OF HOUSING ANIMALS WITHIN THE CITY'S LANDSLIDE
MORATORIUM AREA.
WHEREAS, on April 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 barns, or other similar non -habitable structures, used for the sole purpose
of housing animals on developed lots 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, developed residential lot for the keeping of animals in an equestrian district) of
existing developed lots which would result in a negligible expansion of the existing residential use.
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, as a result of discussions between City Staff and the City's Geologist, it was
agreed that minor projects that allow the construction of barns, or other similar non -habitable
structures, used for the sole purpose of housing animals could be permitted within the City's
landslide moratorium area, provided the structures are constructed on a property that is lawfully
developed with a single-family residence, will not exceed a maximum roofed area of 1,600 square
feet, and are served by a sanitary sewer system, are not fully enclosed and all spaces within said
structure remain open to the air along one fagade, 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
FT
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 a residential structure that is served by a
sanitary sewer system, do not exceed a maximum roofed area of 1,600 square feet, and are not
fully enclosed so that they must be open to the air along a minimum of one exterior fagade.
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 grading project 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 R 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:
R. The construction of a bam or other similar non -habitable structure(s) used for the
sole purpose of housing animals on lots that are currently legally developed with a
residential structure. Said non -habitable structures shall only be permitted on lots
that are served by a sanitary sewer system, shall not exceed a maximum roofed
area of 1,600 square feet, and shall not count against the 1,200 square foot
limitation set forth in Paragraphs `H' and `K' of this Section. A use restriction
covenant, in a form acceptable to the City Attorney, which prevents the structure
from being used for any purpose other than a non -habitable use for animal keapincq,
shall be recorded with the Los Angeles County Registrar -Recorder against the title
to said property. Said non -habitable structures shall be constructed and maintained
so that the structure(s), and all interior spaces of said structure(s),, are not fully
enclosed and at least one wall along one exterior fagade is open to the air at all
times. Prior to approval of an application, the agolicant 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 prmosed 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.
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
Ordinance No.
Page 2 of y
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 316t day after its passage.
PASSED, APPROVED and ADOPTED this 21T" day of July 2015.
Jim Knight, Mayor
ATTEST:
Carla Morreale, 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 21, 2015, was duly and regularly adopted by the City Council of
said City at a regular meeting thereof held on August 4, 2015, and that the same was passed and
adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
Ordinance No.
Page 3 of A
Existing Code Language
(Exceptions to the Landslide Moratorium Area)
Rancho Palos Verdes, CA Code of Ordinances Page 1 of 4
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 I Interior side I Street side I Rear
20 1 5 1 10 1 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 (B)(1) of this section;
C.
10
about:blank 7!8/2015
Rancho Palos Verdes, CA Code of Ordinances
Page 2 of 4
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;
I. 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
11
about:blank 7/8/2015
Rancho Palos Verdes, CA Code of Ordinances
Page 3 of 4
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;
J. Submittal of a lot -line adjustment application;
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;
L. 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
about:blank
12
7/8/2015
Rancho Palos Verdes, CA Code of Ordinances
Page 4 of 4
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;
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. 4590 §§ 2, 3, 2007,• Ord. 407 § 5, 2004, Ord. 383 § 5, 2002, Ord. 3820 § 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)
13
about:blank 7/8/2015