RPVCCA_SR_2011_05_03_05_Ordinance_521CITY OF RANCHO PALOS VERDES
MEMORANDUM
lTV OUNCIL MEMBERS
DEVELOPMENT DIRECTOR
HONORABLE MAY
JOEL ROJAS,COMM
MAY 3,2011
ADOPTION OF ORDINANCE NO.521,AMENDMENT TO
THE RECENTLY ADOPTED ORDINANCE REGARDING
ADJUSTMENT TO THE LANDSLIDE MORATORIUM
BOUNDARY LINE
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:CAROLYN LEHR,CITY MANAGE~
Project Manager:Eduardo Schonborn,AICP,Senior Plann~~
RECOMMENDATION
Adopt Ordinance No.521,an Ordinance of the City of Rancho Palos Verdes,amending the
procedure to adjust the boundary of the Landslide Moratorium Area.
BACKGROUND &DISCUSSION
On February 17,2011,Ordinance No.517 went into effect.The Ordinance created 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.
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).
The City Council approved the added language and conducted the first reading of Ordinance No.
521 at the April 19th meeting.If the second reading of Ordinance No.521 is adopted by the City
Council at its May 3rd meeting,the effective date of the Ordinance will be June 2,2011,which is
thirty (30)days from the adoption date.
CONCLUSION
Staff recommends that the City Council adopt Ordinance No.521 to include the new language.
Attachment:
•Ordinance No.521 5-1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCO PALOS VERDES
AMENDING THE PROCEDURE TO ADJUST THE BOUNDARY OFTHE
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 partiaUy 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
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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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