RPVCCA_SR_2011_01_18_04_Adoption_Of_Ord_517_Adjust_Landslide_Moratorium_Boundary_LineCITY OF RANCHO PALOS VERDES
MEMORANDUM
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY DEVELOPMENT DIR
JANUARY 18,2011
ADOPTION OF ORDINANCE NO.517,CREATING A
MINISTERIAL PROCESS TO ADJUST THE LANDSLIDE
MORATORIUM BOUNDARY LINE
CAROLYN LEHR,CITY MANAGE
Eduardo Schonborn,AICP,Senior PlannProjectManager:
REVIEWED:
TO:
FROM:
DATE:
SUBJECT:
RECOMMENDATION
Adopt Ordinance No.517,a City initiated proposal to amend Chapter 15.20 of Title 15 of the
City's Municipal Code by adding a new Section,15.20.120.
BACKGROUND
On December 21,2010,the City Council introduced Ordinance No.517,amending Municipal
Code Chapter 15.20 by adding new Section 15.20.120.The new section creates a ministerial
process to adjust the Landslide Moratorium Boundary Line,where adjustment of the Line is
based upon site-specific geology demonstrating to the satisfaction of the City Geologist that the
Moratorium Line is not located in the correct location.The City Council approved the language
and conducted the first reading of Ordinance No.517 at the December 21 5t meeting.
If the second reading of Ordinance No.517 is adopted by the City Council at its January 18th
meeting,the effective date of the Ordinance will be February 17,2011,which is thirty (30)days
from the adoption date.
CONCLUSION
Staff recommends that the City Council adopt Ordinance No.517 to enact the new process.
Attachment:
•Ordinance No.517
4-1
ORDINANCE NO.517
AN ORDINANCE OF THE CITY OF RANCO PALOS VERDES
ESTABLISHING A PROCEDURE TO ADJUST THE BOUNDARY OF THE
LANDSLIDE MORATORIUM AREA
WHEREAS,Section 15.20.100 of the Municipal Code contains a discretionary
procedure to allow property to be removed from the Landslide Moratorium Area so it
can be developed;and
WHEREAS,the provisions of Section 15".20.100 do not address the situation
when the boundary of the Landslide Moratorium should be adjusted either to include or
exclude land to reflect geologic conditions on the property as determined by site-specific
geologic investigation that has been reviewed and approved by the City Geologist when
no concurrent application is being filed to develop the property;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ORDAINS AS FOLLOWS:
Section 1.Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended by adding new Section 15.20.120 thereto to read as follows:
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 "Iandside 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 that has been 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.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
4-2
for the City's cost of having the City's Geologist review the application
and the geologic reports and studies.The applicant shall replenish the
trust deposit upon a request from the City that additional funds are
needed.Any unused funds remaining in the trust account at the
conclusion of the review process shall be returned to the applicant.
B.Approval.If the geology studies demonstrate to the satisfaction of the
City's Geologist that the boundary of the landside moratorium area is not
in the correct location on the subject property,then the City Geologist shall
approve the application to adjust the landslide moratorium boundary,and
the map on file in the Community Development Department shall be
adjusted accordingly.
C.Denial.If the geology studies do not demonstrate to the satisfaction of the
City's Geologist that the boundary of the 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 6 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 6 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.
PASSED,APPROVED and ADOPTED,this day of _
2011.
MAYOR
CITY CLERK
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