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RPVCCA_CC_SR_2011_10_04_L_Landslide_Moratorium_OrdinanceCITY OF RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THE CITY ATTORNEY AND THE DIRECTOR OF COMMUNITY DEVELOPMENT OCTOBER 4,2011 NON-URGENCY ORDINANCE READOPTING CERTAIN REVISIONS TO THE LANDSLIDE MORATORIUM ORDINANCE THAT PREVIOUSLY WERE ADOPTED BY ORDINANCE NO. 459U CAROLYN LEHR,CITY MANAGER c9-- RECOMMENDATION: INTRODUCE ORDINANCE NO.,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING URGENCY ORDINANCE NO.459U,ORDINANCE NO. 427U AND URGENCY ORDINANCE NO.439U AND AMENDING SECTION 15.20.040 AND SECTION 15.20.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. EXECUTIVE SUMMARY This basically is a housekeeping item.On June 5,2007,following review of a study of the Landslide Moratorium Area by the City Geologist and a three-member geologic review panel,the City Council adopted Ordinance No.459 U,which made certain changes to the Landslide Moratorium Ordinance.These changes were codified in Chapter 15.20 of Title 15 of the Municipal Code. Recently,a resident questioned whether those changes were intended to be permanent because they had not been adopted by a non-urgency ordinance.Also,because the amendments to Section 15.20.040 did not expressly exclude pools and spas (which was the recommendation of the City Geologist)Staff believed that pools and spas still could be permitted pursuant to Paragraph N of Section 15.20.040.Although approval of a non- urgency ordinance is not required for this type of ordinance,because it is not a zoning ordinance,Staff and the City Attorney recommend that the attached Ordinance,which replaces Ordinance No.459U with a non-urgency ordinance,be adopted to eliminate this source of possible confusion. L-1 Non-Urgency Ordinance Regarding Landslide Moratorium October 4,2011 Page 2 of 5 The only substantive change that is being made to Chapter 15.20 beyond the changes that were made previously by Ordinance No.459U is the revision to Paragraph N of Section 15.20.040 of the Moratorium exceptions to clarify that pools and spas are not allowed. This revision excludes one spa that was constructed above-ground to replace a spa that had been constructed previously at a residence near the beach when spas were allowed in that area of the City.The resident has been working with Staff in an attempt to legalize that construction.The City Geologist has advised Staff that allowing a spa to continue at this location should not have an adverse effect on the landslide because any water from the spa will not infiltrate into any of the landslides,due to its proximity to the beach.Other than the revision to Paragraph N of Section 15.20.040 and the exception to allow the legalization of the existing spa,the identical revisions to Chapter 15.20,which were set forth in Ordinance No.459U,are being readopted in the attached non-urgency ordinance. BACKGROUND On November 15,2005,the City Council adopted Urgency Ordinance No.427U,which established a 60-day moratorium on the processing and issuance of building,grading or other permits,and landslide moratorium exception permits and the processing or approval of Environmental Assessments,Environmental Impact Reports,Conditional Use Permits, height variation applications,tentative maps or parcel maps in the portion of the Seaview Tract that is within the portion of the Landslide Moratorium Area and is subject to the Klondike Canyon Landslide (which is commonly referred to as the Blue Area)by temporarily suspending Section 15.20.040 K of the Rancho Palos Verdes Municipal Code. These actions were taken to allow time for the completion of collection of new geological data to determine whether construction in the Blue Area is safe in light of the then-newly observed cracks in the street,or if the proposed development could adversely impact the stability of said Area,or if new structures in the Blue Area will be adversely impacted by the recent increase of movement of the Klondike Canyon Landslide. At the April 2006 City Council meetings,the City Council heard testimony about then- recent movement of the Klondike Canyon Landslide.At the meeting that was held on April 18,2006,a majority of the Members of the City Council stated that they wished to have Staff bring back an ordinance suspending development of additions in the entire Landslide Moratorium Area so that development within the Red Area (which is all of the Landslide Moratorium Area other than the Blue Area)and the Blue Area would be treated similarly while the geologic studies were being conducted.To that end,the City Council adopted Urgency Ordinance No.427U and Urgency Ordinance No.439U. The Moratorium imposed by Ordinance No.427U and Ordinance 439U suspended the provisions of Paragraphs H,K and L of Section 15.20.040 of the Municipal Code. Paragraph H allowed minor additions of up to 600 square feet to existing homes in the 1396645v2 L-2 Non-Urgency Ordinance Regarding Landslide Moratorium October 4,2011 Page 3 of 5 Moratorium Area,provided that the requirements of that Chapter are satisfied.Paragraph L likewise allowed development of a 600 square foot garage to an existing home within the Moratorium Area,provided that the criteria of that Chapter are satisfied,and further provided that the owner agrees in a recorded covenantthat the new garage area will not be used for any purpose other than as a garage and will not include the installation of plumbing fixtures. The other paragraph that was suspended by that Moratorium was paragraph K of Section 15.20.040.Paragraph K allowed development in the Blue Area,including the construction of pools and spas,which was not subject to the 600 square foot restrictions set forth in Paragraphs Hand L,provided that the criteria set forth in Section 15.20.050 were satisfied. The greater latitude for development in the Blue Area was based on then-City Geologist Dr. Perry Ehlig's opinion that the Klondikde Canyon Landslide had been stabilized by the installation of a dewatering well at the beach,which removed artesian pressure that was causing the movement of the Klondike Canyon Landslide.In Dr.Ehlig's view it was not necessary to have the'same limitations on development and the expansion of existing homes in the Blue Area,which had been imposed on the Red Area,because:(1) movement of the Klondike Canyon Landslide had been stopped;(2)the Seaview Tract was almost entirely developed (only two lots had not been developed at that time);(3)homes in the Seaview Tract were connected to sewers, and (4)there was a storm drain line that conveys drainage from the Seaview Tract to the beach. The additional Moratoria that the Council imposed in 2005 and 2006 did not apply to applications processed under the other types of Moratorium Exceptions that are set forth in Paragraphs A,B,C,0,E,F,G,I,J,M,Nand 0 of Section 15.02.040 of the Municipal Code. Following the imposition of the additional Moratorium,the City Council scheduled a workshop to discuss the regulation of development within the entire Moratorium Area,and the scientific distinctions that can be drawn between the various portions ofthe Moratorium Area,if any.The City Council conducted the workshop on October 7,2006.At the end of the workshop,the City Council requested that the City's geologic experts prepare a report to address some additional questions from the City Council.Following the workshop,the Moratorium was extended several more times to allow the City Geologist to prepare the report and have it reviewed by the peer review panel. On June 5,2007,the City Council concluded its discussion of the issue and adopted Urgency Ordinance No.459U to eliminate the former distinction between the Red and Blue zones of the Landslide Moratorium Area.This ordinance makes the identical revisions to the Municipal Code that were set forth in Ordinance No.459U;it eliminates any confusion that could be caused by the fact that Ordinance No.459U was an urgency ordinance,and 1396645v2 L-3 Non-Urgency Ordinance Regarding Landslide Moratorium October 4,2011 Page 4 of 5 it clarifies that new swimming pools and spas are not allowed in the Landslide Moratorium Area,with the exception of one existing spa that replaces a prior legal nonconforming spa. DISCUSSION In June 2007,based on the responses to questions that had been posed by the City Council from the City Geologist and the three-member review Panel,Staff recommended that:(1)the additional moratorium on additions to existing structures,which was imposed by Urgency Ordinance No.427 U and 439 U and suspended paragraphs Hand L,be repealed,and (2) Section 15.20.040 K be amended so that the regulations that govern the Blue Area will be the same as the regulations that govern the Red Area of the Landslide Moratorium Area. The City Geologist and the panel members also made some additional recommendations regarding modifications that should be made to the regulations of additions in the Landslide Area that Staff recommended be incorporated into Chapter 15.20.Those recommendations were:. 1.Deleting pools and spas from the structures that can be constructed in the Blue Zone (these structures already were not allowed in the Red Area); 2.Requiring sewer lines to be inspected when any addition or significant alteration to an existing home in the Moratorium Area is proposed,and requiring any damaged sewer line to be repaired as a condition of issuing a permit. Those recommendations were set forth in Ordinance No.459U,which was adopted by the City Council on June 5,2007.Those same changes are included within the attached ordinance. However,as is discussed above,as currently written,Paragraph N of Section 15.20.040 of Chapter 15.20 could be construed to allow swimming pools and spas.Since that was not the intent of the City Council,Paragraph N is proposed to be amended to read as follows: "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;" In addition,Section 6 of the ordinance contains a list of properties that were exempt from the provisions of Ordinance No.459U in 2007,and adds to that list the spa that was constructed to replace a pre-existing legal nonconforming spa at 46 Seawall so that the City can issue permits to legalize that one spa. 1396645v2 L-4 Non-Urgency Ordinance Regarding Landslide Moratorium October 4,2011 Page 5 of 5 CONCLUSION Staff recommends that the City Council read the attached ordinance by title only,waive further reading,and introduce the ordinance,which readopts the changes that were made previously to Chapter 15.20 by Ordinance No.459U and makes the additional changes that are discussed above. Attachments Draft ordinance 1396645v2 L-5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING URGENCY ORDINANCE NO.459U,ORDINANCE NO. 427U AND URGENCY ORDINANCE NO.439U AND AMENDING SECTION 15.20.040 AND SECTION 15.20.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. WHEREAS,in September 1978,the City Council adopted Urgency Ordinance No.108U,which established the Landslide Moratorium Area in a portion of the City,as depicted on a map that is on file in the City's Department of Planning,Building and Code Enforcement;and WHEREAS,in February 1981,the City Council adopted Ordinance No. 139U,which added the area known as Klondike Canyon to the Landslide Moratorium Area,which is described as the area outlined in red on the map that is on file in the City's Department of Planning,Building and Code Enforcement; and WHEREAS,In September 1989,the City Council adopted Ordinance No. 247,which added a new provision to the Landslide Moratorium Ordinance that provided the possibility for more intense development than previously was permitted in the Klondike Canyon Area,as outlined in blue on the map that is on file in the City's Department of Planning,Building and Code Enforcement ("Blue Area");and WHEREAS,in May 2005,following the unusual winter rains during the winter of 2004-2005,the first indications that the Blue Area may be experiencing landslide movement appeared;and WHEREAS,in October 2005,the City received a report from the City Geologist,who was reviewing a proposed development in the Blue Area,that discussed the issue of landslide movement in the Blue Area;and WHEREAS,based on the new evidence of landslide movement in the Blue Area,the City Council has asked the City Geologist to determine whether the more flexible development standards that had been allowed in the Blue Area since 1989 should be repealed so that the Blue Area will be subject to the same development criteria that are applicable to the other areas that are subject to the Landslide Moratorium Ordinance,as was the case from February 1981 through September 1989;and, WHEREAS,on November 15,2005,the City Council adopted Urgency Ordinance No.427U,which established a 50-day moratorium on the processing and issuance of building,grading or other permits,and landslide moratorium exception permits and the processing or approval of Environmental L-6 Assessments,Environmental Impact Reports,Conditional Use Permits,height variation applications,tentative maps or parcel maps in the Blue Area and temporarily suspended Section 15.20.040 K of the Rancho Palos Verdes Municipal Code pending the completion of new geological data to determine whether construction in the Blue Area is safe in light of the newly observed instability or if the proposed development could adversely impact the stability of said Area;and, WHEREAS,because the Global Positioning System ("GPS")Data still was being collected,and the City Geologist still was in the process of completing the review of that data to assess the potential impacts of construction in the Blue Area upon the overall stability of said Area and upon the public health,safety and welfare and,accordingly,needed additional time to complete that review before determining if the moratorium imposed by Ordinance 427 U should be lifted, resulting in several extensions of the moratorium by the City Council;and WHEREAS,because the City Geologist's report was completed and was presented to the City Council,and the City Council elected to hold a study session on October 7,2006,where additional questions were posed by the City Council;and . WHEREAS,following the study session,the City Geologist issued a report,which was subsequently reviewed by a three-member peer review panel, and because additional time was required for that process to occur,the City Council further extended the Moratorium that was established by Ordinance 427U,Ordinance No.439U,so that the last extension will expire on June 22, 2007;and WHEREAS,on June 5,2007,the City Council adopted Ordinance No. 459U,to memorialize the changes that were to be made to the Landslide Moratorium Ordinance (Chapter 15.20 of the Municipal Code)to reflect the recommendations of the City Geologist;and WHEREAS,the City Council wishes to adopt a non-urgency version of Ordinance No.459U,and an additional revision that expressly precludes swimming pools and spas within the Landslide Moratorium Area so that there is no question about the changes that the City Council approved previously in Ordinance No.459U and that those changes were intended to be incorporated into Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1.The City Council of the City of Rancho Palos Verdes hereby repeals Urgency Ordinance No.459U,Ordinance No.427U;Urgency Ordinance 432U;Urgency Ordinance 438U and Urgency Ordinance No.439 U and all of the 1396614v2 Ordinance No. Page 2 of 5 L-7 ordinances that extended any of those ordinances,including Ordinance No. 440U,448U,452U,and457U. SECTION 2.Paragraph H of Section 15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "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 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 register-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;" SECTION 3.Paragraph K of Section 15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "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 1396614v2 Ordinance No. Page 3 of 5 L-8 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 register-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;" SECTION 4.Paragraph N of Section 15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "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;" SECTION 5.Paragraph J of Section 15.20.050 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "J.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." SECTION 6.Other than Landslide Moratorium Exception Permi~(Case No.Zon2011-00181)that was issued by the Community Development Director and other related permits to approve an after-the-fact spa,which replaces a pre- 1396614v2 Ordinance No. Page 4 of 5 L-9 existing spa,at 46 Seawall Road;the building permit and other permits that were issued by the City prior to June 5,2007,to construct the home at 4369 Dauntless Drive,and any other home where above-ground construction work had been performed in substantial reliance on a building permit that had been issued by the City as of June 5,2007,and the planning approval and other permits that had been issued by the City as of Ju ne 5,2007,for the construction of the house located at 4342 Admirable Drive,which shall not be affected by the provisions of this Ordinance,any building or grading permit,landslide moratorium exception permit,or other permit for new construction in the Landslide Moratorium Area, which had been previously granted by the City but which has not been acted upon in substantial reliance by the holder thereof as of June 5,2007,is suspended indefinitely.Construction in reliance on any such suspended permit shall be prohibited unless and until the City lifts the suspension. PASSED,APPROVED AND ADOPTED this _th day of October 2011. 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 October 4, 2011,was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on ,2011,and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk 1396614v2 Ordinance No. Page 5 of 5 L-10