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RPVCCA_SR_2011_04_19_13_Adj_Lot_LineCfTYOF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY~~MEMBERS JOEL ROJAS,COMMUNITY DEV~~MENT DIRECTOR APRIL 19,2011 CITY INITIATED AMENDMENT TO THE RECENTLY ADOPTED ORDINANCE REGARDING ADJUSTMENT OF THE LANDSLIDE.MORATORIUM BC:U~DARY LINE REVIEWED:CAROLYN LEHR,CITY MANAGER ~. Project Manager:Eduardo Schonbom,AICP,Senior Plan~ RECOMMENDATION Read the Ordinance by title only and introduce the Ordinance. 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 created a ministerial process to adjustthe Landslide Moratorium Boundary Line,where adjustment ofthe 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 after the second reading of Ordinance No.517 on January 18, 2011,the Ordinance went into effect on February 17,2011. When the Ordinance was taken to the Council for second reading on January 18th ,a suggestion was made for a minor revision to the application requirements.So as not to delay the adoption of the Ordinance so that a pending applicant could move forward with his adjustment request,it was agreed to adopt the Ordinance as originally drafted and then return with an amended ordinance that includes the suggested change.The updated Ordinance is now before the City Council for consideration. 13-1 Amendment to Recently adopted Ordinance,Landslide Moratorium Boundary Line Adjustment April 19,2011 DISCUSSION During the Ordinance's second reading,there was discussion pertaining to the language that requires the property owner's signature on an application for a Moratorium Boundary Line Adjustment.As a result,the City Attorney indicated that the new Section 15.20.120.A could be clarified to state that if an application is filed by an entity or private party other than the City,then the application must be signed by all owners of the property (emphasis added).To not further delay implementation of this new procedure and since this issue was not materially detrimental to hindering private property owners'ability to apply,the City Council agreed to adopt the Ordinance as presented.Since Staff indicated that the new procedure could be better clarified regarding submittal of an application by an entity or private property owner other than the City,Staff is now returning to the City Council to amend the Ordinance.As such,the Ordinance has been further refined to include language requiring that all owners of property sign the application when it is submitted by an entity or private party other than the City for a Landslide Moratorium Boundary Line Adjustment. The attached Ordinance illustrates the change in the language.Strikethrough is language to be deleted,while bold underline is language to be added. ALTERNATIVES In addition to Staff's recommendation,the following alternatives are available for consideration by the City Council: 1)Take no further action in amending the recently adopted Ordinance No.517,thereby making no changes to the text. Attachment: •Ordinance No. 13-2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCO PALOS VERDES AMENDING THE 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; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1.Section 15.20.120 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended by amending paragraph A thereof 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.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.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 R6876-0001\1311015v4.doc 13-3 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 -2- R6876-0001\1311015v4.doc 13-4