RPVCCA_CC_SR_2013_11_19_03_Code_Amendment_Chapter_15.20CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: JOEL ROJAS, COMMUNITY DEV TDIRECTOR
DATE: NOVEMBER 19, 2013
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 MINOR, NON-REMEDIAL GRADING ON
LOTS DEVELOPED WITH A RESIDENTIAL STRUCTURE OR
OTHER LAWFULLY EXISTING NON-RESIDENTIAL
STRUCTURE WITHIN THE CITY'S LANDSLIDE MORATORIUM
AREA.
REVIEWED:
Project Manager: Leza Mikhail, Associate Planne
RECOMMENDATION
Introduce Ordinance No. _, thereby amending Chapter 15.20 (Moratorium on Land Use
Permits) to establish a moratorium exception category to allow the issuance of grading
permits for less than 50 cubic yards of non-remedial grading on lots developed with a
residential structure or other lawfully existing non-residential structure within the City's
landslide moratorium area, provided a Landslide Moratorium Exception Permit is approved
by the City.
BACKGROUND
At the October 1, 2013 City Council meeting, during the "Future Agenda Items" portion of
the agenda, Mayor Pro Tern Duhovic noted that he had spoken to a property owner within
the City's Landslide Moratorium area who was in the midst of renovating an existing single-
family residence but was prevented from making certain improvements that involved minor
grading because the City's current Landslide Moratorium Ordinance contains no provision
to allow the submittal of applications for minor non-remedial grading. After hearing from the
City Geologist that it would not be detrimental to add such a provision to the City's
Moratorium Ordinance with certain restrictions, the City Council directed Staff to bring back
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an item on a future agenda that would address this issue. Pursuant to 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 allow applications for
minor grading within the City's landslide moratorium boundary (up to a maximum of 50
cubic yards) 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 is a moratorium exception for "remedial grading to correct problems
caused by the landslide or to otherwise enhance public safety", there is no exception for
non-remedial grading. This means that aside from grading that the City's Development
Code exempts from requiring City approval (i.e. grading less than 20 cubic yards within a 2-
year period, grading for a public improvement, grading for the foundation or footings of a
structure), the City cannot issue any approvals or permits to property owners within the
Moratorium Area to perform non-remedial grading.
After discussions with the City's Geologist, Staff believes that non-remedial grading within
the Landslide Moratorium Area could be permitted with the approval of a Grading Permit
pursuant to Section 17. 76.040 (Grading Permit) of the City's Development Code, provided
the grading is "minor" in nature. As such, Staff is recommending that the City Council
amend Chapter 15.20 of the City's Moratorium Ordinance to allow minor, non-remedial
grading on a developed lot up to a maximum of 50 cubic yards (cut and fill combined),
provided the grading is balanced on site and the appropriate geologic reports are submitted
to and approved by the City Geologist demonstrating that grading will not aggravate the
existing landslide situation. Staff is also recommending that the grading be limited to a
maximum cumulative total of 50 cubic yards for each developed, legal lot in an effort to
prohibit a property owner from obtaining multiple grading permits which would, in effect, not
be considered minor in nature when combined over any period of time.
Listed below, is the proposed code amendment to Chapter 15.20 (Moratorium Land Use
Permits) to add a new exception ("Q") to allow minor, non-remedial grading 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:
Q. Non-remedial grading. up to a cumulative maximum total of 50 cubic vards 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.
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In addition to the new language listed above, Staff proposes to amend Section 15.20.060
(Application) to require that a formal Landslide Moratorium Exception Application be
submitted for requests submitted pursuant to new subsection Q.
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 grading) 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
allow minor grading (less than a cumulative total of 50 cubic yards) on developed lots and·
only after demonstrating to the City's geologist that the grading will not aggravate the
existing situation.
CONCLUSION
Based on the information described in this Staff Report and discussed by the City Council at
the October 1, 2013 City Council meeting, amending 15.20 of the City's Moratorium
Ordinance would allow property owners in the City's Landslide Moratorium Area to conduct
minor grading on their developed properties. As such, Staff recommends that the City
Council introduce Ordinance No. _, revising the City's Moratorium Ordinance to establish
an exception category to allow minor, non-remedial grading on lots developed with a
residential structure or other lawfully existing non-residential structure within the City's
landslide moratorium area.
FISCAL IMPACT
Revising the City's Moratorium Ordinance to allow minor, non-remedial grading within the
City's landslide moratorium area may lead to increased revenues in the form of Planning
and Building permit fees.
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for
consideration by the City Council:
1) Direct Staff to decrease the grading limitations proposed in the draft Ordinance and
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return to the City Council with an amended Ordinance for introduction; or
2) Not approve the proposed code amendment.
Attachments
• Draft Ordinance No.
• Current Landslide Moratorium Code Language (Chapter 15.20)
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Draft Ordinance No. --
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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 TO ALLOW
MINOR, NON-REMEDIAL GRADING ON LOTS DEVELOPED WITH A
RESIDENTIAL STRUCTURE OR OTHER LAWFULLY EXISTING NON-
RESIDENTIAL STRUCTURE WITHIN THE CITY'S LANDSLIDE
MORATORIUM AREA.
WHEREAS, on October 1, 2013, the City Council initiated a Code Amendment
to Chapter 15.20 (Moratorium on Land Use Permits) of the City's Municipal Code to
allow minor grading on developed lots within the City's landslide moratorium boundary
to a cum1:.1lative maximum of 50 cubic yards per lot, provided all proposed grading is
balanced on site and there would be no imported materials as a result of the non-
remedial grading; 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 proposed
code amendment would only permit minor alteration (minor grading) 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 allow minor
grading that is less than 50 cubic yards on developed lots and only after demonstrating
to the City's geologist that the grading will not aggravate the existing landslide situation;
and,
WHEREAS, as a result of discussions between City Staff, the City Attorney, and
the City's Geologist, it was agreed that minor, non-remedial grading could be performed
within the City's landslide moratorium area, provided the grading did not exceed a
cumulative maximum total of 50 cubic yards per parcel, 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
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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 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 f1;.1rther 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 grading to a cumulative maximum total of
50 cubic yards per parcel, which is defined as minor grading within the City's
development code. Any proposed grading within the City's landslide moratorium area
would be required to be balanced on site and the import of other materials as fill would
be prohibited.
Section 5: The City Council further finds that the amendments to Chapter
15.20 of Title 15 of the Municipal Code are necessary to 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 issuance of a Landslide Moratorium
Exception Permit.
Section 6: Based upon the foregoing, Paragraph Q 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:
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.
Section 7: Based upon the foregoing, Paragraph A of Section 15.20.060 of
Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby
amended to include Paragraph Q of Section 15.20.040 by reference to read as follows:
A. Applicants for an exception to this chapter under Sections 15.20.040(8), (H), (K), (L)
8R€I (P), and (Q), shall file an application for a landslide moratorium exception permit
Ordinance No.
Page 2 of 4 3-7
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.
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 Permits 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 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.
Ordinance No.
Page 3 of 4 3-8
Section 11: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31 51 day after its passage.
PASSED, APPROVED and ADOPTED this 19 TH day of November 2013.
Susan Brooks, 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 November 19, 2013, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
November 6, 2013, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
Ordinance No.
Page 4 of 4
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Current Landslide Moratorium Code Language
(Chapter 15.20)
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15.20.010 Definitions.6i/Y
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 two hundred feet from the boundary of the lot or parcel.
(Ord. 357 § 5 (pelt), 2000: Ord. 309 § 4 (part), 1995)
15.20.020 New construction permits not issued.i?
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
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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 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 of this chapter are
not precluded by this section.
(Ord. 309 § 4 (part), 1995)
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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 (palt), 1995)
# 15.20.040 Exceptions.~"
The moratorium shall not be applicable to any of the following:
A.
B.
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;
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 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
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r
, Front
,----
20
c.
D.
E.
F.
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 interior side ____ _
Q
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;
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;
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;
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;
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G.
H.
I.
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(8)(3) of this Code;
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;
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 one thousand two hundred
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 and does not include any additional
plumbing fixtures, unless the lot is served by a sanitary sewer system. The
one thousand two hundred 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;
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J.
K.
Construction or installation of temporary minor nonresidential structures
which are no more than three hundred twenty 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;
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 one thousand two hundred
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 and does not include any additional
plumbing fixtures, unless the lot is served by a sanitary sewer system. The
one thousand two hundred 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-
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L.
M.
N.
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 six hundred 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. 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;
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;
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
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0.
P.
swimming pool or spa, which cannot be used as a gathering space and
viewing area, and which do not constitute lot coverage;
Permits issued pursuant to Section 15.20.11 O of this chapter to connect
existing structures with functional plumbing fixtures to an operational sewer
system;
The construction of residential buildings, accessory structures, and grading
totaling less than one thousand cubic yards of combined cut and fill and
including no more than fifty cubic yards of imported fill material on the sixteen
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 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.
(Ord. 474 § 23, 2008; Ord. 462 § 7, 2007; Ore!. 459U §§ 2, 3, 2007: Ord. 407 § 6, 2004; Ont. 383 § 5,
2002; Ord. 382U § 5, 2002; Ord. 357 § 5 (part). 2000: Ord. 309 § 4 (pa1t), 1995)
(Ord. No. 498. § 6, 9-15-09; Ord. No. 501U, § 6, 12-15-09; Ord. No. 502, § 6, 1-5-10: Ord. No. 526, §§ 2-
4, 10-18-11)
15.20.050 Landslide mitigation measures required./
Within the landslide moratorium area as identified in Section 15.20.020 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.
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B.
C.
D.
E.
If the project involves additional plumbing fixtures, or additions of habitable
space which exceed two hundred 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 two hundred 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
whi.ch 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 pursuant to Section 15.20.110 of this
chapter, or by an agreement or condition of project approval.
Roof runoff from all buildings and structures on the site shall be contained
and directed to the streets or an approved drainage course.
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.
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.
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F.
G.
H.
I.
J.
K.
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.
A hold narmless 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.
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.
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.
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.
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 (palt), 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)
and (P), shall file an application for a landslide moratorium exception permit with the
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B.
director. The application shall be signed by the property owner, and shall include the
following:
1.
2.
3.
4.
5.
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;
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;
A fee as established by resolution of the city council;
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.
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 one hundred eighty
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) ,;p
15.20.070 Appeals.:::u.
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 fifteen 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 one hundred eighty
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 (pert), 1995)
~ ):)ji
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.
2.
3.
4.
5.
6.
The reason for the request;
A legal description of the property and a map of the property;
All anticipated development applications;
Any existing geological or geotechnical reports or necessary geology
studies as determined by the city geotechnical staff;
A fee as established by the city council;
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8.
C.
D.
7.
Any additional information as determined by the director or the city
geotechnical staff;
A completed environmental assessment.
Public Hearing. Notice shall be published in a newspaper of general
circulation in the community not less than fifteen 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 fifteen 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 five hundred
feet of the boundaries of the subject property.
Findings. Upon approval of a landslide moratorium exclusion, the city council
shall find as follows:
1.
2.
3.
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;
The exclusion promotes the health, safety and welfare of the
community;
The exclusion shall not aggravate any existing geologic conditions in
the area.
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 one thousand 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)
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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 ofthe
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.
2.
3.
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.
Any existing geological or geotechnical reports or necessary geology
studies as determined by the city's geologist.
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B.
c.
D.
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.
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.
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.
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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