CC SR 20151201 07 - Code Amendment Re Storage Sheds for Farming EquipmentCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: JOEL ROJAS, COMMUNITY DE NT DIRECTOR
DATE: DECEMBER 1, 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 NON-HABITABLE
STORAGE SHEDS THAT ARE USED FOR THE SOLE PURPOSE
OF STORING LARGE AGRIC~~URAL FARMING EQUIPMENT.
REVIEWED: DOUG WILLMORE, CITY MANAGER ~
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 Landslide Moratorium Exception Category "S" to allow
the construction of non-habitable storage sheds, or other similar non-habitable structures,
used solely for the purposes of storing agricultural farming equipment within the City's
landslide moratorium area.
FISCAL IMPACT
There will be no fiscal impact as the Staff time to process any applications for non -habitable
agricultural storage sheds will be offset by permit processing fees.
BACKGROUND
At the July 21, 2015 City Council meeting, the City Council considered an amendment to
the City's Landslide Moratorium Ordinance that would not count the square footage of barns
toward the maximum square footage allowed for additions to a developed, residential
property. At that time, Councilman Duhovic inquired about also including agricultural
farming storage sheds as part of the proposed amendment. Staff felt that the issue/request
regarding agricultural storage sheds hadn't been vetted and that, while Staff did not foresee
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any initial concerns, more research needed to be done. Thus, the City Council approved the
Landslide Moratorium Ordinance amendment regarding barns and directed Staff to bring
back an item on a future agenda to facilitate the allowance of agricultural storage sheds in
the moratorium area. Pursuant to City Council direction, Staff is now 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 to be processed for non-habitable structures used solely for the purpose
of storing agricultural farming equipment, 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 unless
expressly allowed by a series of exceptions cited in the Ordinance. One of the exceptions
allows for the "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." In addition, the non-residential structure "cannot be erected upon or
attached to a fixed, permanent foundation" (Moratorium Exception 'I'). While said non-
residential structures can be used for the storage of agricultural related equipment, the size
and foundation limitations are not beneficial to agricultural uses greater than 5 acres, which
are allowed in the moratorium area with the approval of a Conditional Use Permit. As such,
after discussions with the City's Geologist, Staff believes that large non-habitable structures
used for the sole purpose of storing agricultural farming equipment within the Landslide
Moratorium Area could be permitted, provided a geology report is approved by the City
Geologist.
As such, Staff recommends that the City Council amend Chapter 15.20 of the City's
Moratorium Ordinance to create a new exception category that would allow large non-
habitable structures for agricultural-related storage on a lot with an approved agricultural
use greater than one (1) acre in size commercial agricultural uses through an approved
CUP, provided the appropriate geologic reports are approved by the City Geologist
demonstrating that construction of such structures will not aggravate the existing landslide
situation. Staff also recommends that said storage structures be allowed only on lots served
by a sanitary sewer system, and not exceed a maximum square footage or roofed area of
1,600 square feet. The proposed 1,600 square foot size limitation is based on the City's
recent allowance of barns in the moratorium area at a maximum roofed square footage of
1,600. Additionally, to prevent the conversion of such storage structures to habitable area,
Staff recommends requiring a covenant be recorded against a property for those who wish
to utilize this exception category. The purpose of the covenant is to ensure that the current
property owner or and successive property owners are aware that the structure is only
permitted to be used for agricultural storage and the conversion of said structure is
prohibited. The covenant would run with the land and would be tied to title.
Provided below, is the proposed code amendment to Chapter 15.20 (Moratorium Land Use
Permits) to add a new exception (''S") category to allow non-habitable structures for the sole
purpose of storing agricultural farming equipment within the City's "landslide moratorium
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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:
S. The installation or construction of a non-habitable storage structure used for the
sole purpose of storing agricultural farming equipment on lots that have obtained
City approval for the growing of crops and/or fruits on more than one (1) acre for
commercial purposes. Said non-habitable structure(s) shall not exceed a cumulative
maximum square footage or roofed area of 1, 600 square feet. shall only be
permitted on lots that are served by a sanitary sewer system, and shall not count
against the 1,200 square foot limitation set forth in Paragraphs 'H' and 'K' of this
Section. A covenant which prevents the structure from being used for any purpose
other than a non-habitable use for storing agricultural farming equipment. in a form
approved by the City Attorney and enforceable by the Citv. shall be recorded with
the Los Angeles County Registrar-Recorder against the title to said propertv. prior to
Building Permit issuance. Said structures shall be constructed and maintained as
non-habitable structures and shall be removed if an approved Conditional Use
Permit ceases and a commercial agricultural use no longer remains on said
property. Prior to approval of an application, the applicant shall submit to the director
any geological or geotechnical studies 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, lawfully developed lot permitted for commercial
agricultural use) 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 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.
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Planning Applications
In addition to obtaining geology approval in order to take advantage of the proposed
exception category "S," each storage shed will be subject to all the applicable zoning
standards of Title 17 (the Development Code).
CONCLUSION
Based on the information described in this Staff Report Staff recommends that the City
Council introduce Ordinance No. _, revising the City's Moratorium Ordinance to establish
an exception category ('S') to allow construction of non-habitable storage sheds, up to 1600
square feet in area, for the sole purpose of storing agricultural storage equipment on lots
permitted to be developed with commercial agricultural uses through an approved CUP and
served by a sanitary sewer system within the City's landslide moratorium area.
ALTERNATIVES
In addition to Staffs 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)
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Draft Ordinance
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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 ('S') TO ALLOW THE CONSTRUCTION OF NON-
HABITABLE STORAGE SHEDS, UP TO 1,600 SQUARE FEET, THAT ARE USED
FOR THE SOLE PURPOSE OF STORING AGRICULTURAL FARMING
EQUIPMENT ON PROPERTIES WITH AN APPROVED AGRICULTURAL USE
GREATER THAN ONE-ACRE IN SIZE FOR COMMERCIAL PURPOSES WITHIN
THE CITY'S LANDSLIDE MORATORIUM AREA.
WHEREAS, on July 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 non-habitable storage sheds used for the sole purpose of storing
agricultural farming equipment on properties that have obtained City approval for the growing of
crops and/or fruits on more than one (1) acres for commercial purposes 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, lawfully developed lot permitted for commercial agricultural use) of existing
developed lots which would result in a negligible expansion of the existing residential zoned
property. 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, the City Geologist, determined that minor projects that allow the construction of
non-habitable storage sheds, or other similar non-habitable structures, used for the sole purpose of
storing large agricultural farming equipment could be permitted within the City's landslide
moratorium area, provided the structure will not exceed a maximum square footage or roofed area
of 1,600 square feet, that the property is served by a sanitary sewer system 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.
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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
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 an approved agricultural use on a
residentially zoned property that is served by a sanitary sewer system, and do not exceed a
maximum square footage or roofed area of 1,600 square feet.
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 construction project for non-habitable structures 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 S 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:
S. The installation or construction of a non-habitable storage structure used for the sole
purpose of storing agricultural farming equipment on lots that have obtained Citv
approval for the growing of crops and/or fruits on more than one (1) acre for
commercial purposes. Said non-habitable structure(s) shall not exceed a cumulative
maximum square footage or roofed area of 1. 600 square feet, shall onlv be
permitted on lots that are served by a sanitary sewer system, and shall not count
against the 1.200 square foot limitation set forth in Paragraphs 'H' and 'K' of this
Section. A covenant which prevents the structure from being used for any purpose
other than a non-habitable use for storing agricultural farming equipment. in a form
approved by the City Attorney and enforceable by the Citv. shall be recorded with
the Los Angeles County Registrar-Recorder against the title to said propertv. prior
to Building Permit issuance. Said structures shall be constructed and maintained as
non-habitable structures and shall be removed if an approved Conditional Use
Permit ceases and a commercial agricultural use no longer remains on said
property. Prior to approval of an application. the applicant shall submit to the
director any geological or geotechnical studies 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;
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
Ordinance No.
Page 2 of 3 7
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 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 31st day after its passage.
PASSED, APPROVED and ADOPTED this 1st day of December 2015.
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 December 1, 2015, 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
Ordinance No.
Page 3 of 3 8
Current Landslide Moratorium Code Language
(Chapter 15.20)
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Rancho Palos Verdes, CA Code of Ordinances
Chapter 15.20 -MORATORIUM ON LAND USE PERMITS*[]
Sections:
Footnotes:
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Page 1of11
* Prior ordinance history: Ordinances 108U, 118U, 120U, 123U, 128U, 130U, 131U, 139U, 140U, 143U, 148U, 155U, 208, 223, 247, 249U and
276.
15.20.01 O -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.
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Rancho Palos Verdes, CA Code of Ordinances Page 2of11
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.
(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
I Front
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Interior side Street side Rear
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Rancho Palos Verdes, CA Code of Ordinances Page 3of11
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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. 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
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Rancho Palos Verdes, CA Code of Ordinances Page 4of11
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
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
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Rancho Palos Verdes, CA Code of Ordinances Page 5of11
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
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;
0. Permits issued pursuant to Section 15.20.11 O (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.
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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.
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 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
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 fa~ade 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.
(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, 1-5-1 O; Ord. No. 526, §§
2-4, 10-18-11; Ord. No. 552, § 1, 12-3-13; Ord. No. 573, § 6, 8-4-15)
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
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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 notto 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 Uuly 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
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.
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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(8), (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:
1. A letter, signed by the property owner, setting forth the reason for request, as well as a full
description of the project;
2. 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;
3. 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.
8. 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.
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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:
1. 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;
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:
D.
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.
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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)
15.20.11 O -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 until all required geology studies have been completed to the satisfaction of the
city's geologist. An application shall include the following:
1. 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.
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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 land side 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 landside 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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