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RPVCCA_CC_SR_2011_10_18_D_Adopt_Ord_526_Landslide_MoratoriumCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR &CITY COUNCIL MEMBERS CAROL W.LYNCH,CITY ATTORNEY OCTOBER 18,2011 ADOPTION OF ORDINANCE NO.526 -READOPTING CERTAIN REVISIONS TO THE LANDSLIDE MORATORIUM ORDINANCE CAROLYN LEHR,CITY MANAGER@)-\o,c.-L RECOMMENDATION Adopt Ordinance No.526,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. BACKGROUND 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. DISCUSSION At the City Council meeting on October 4,2011,the City Council introduced the proposed ordinance to repeal Urgency Ordinance No.459U,Ordinance No.427U and Urgency Ordinance No.439U and amend Section 15.20.040 and Section 15.20.050 of the Rancho Palos Verdes Municipal Code 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.The proposed ordinance is now on the agenda for a second reading and adoption.It will be effective thirty (30) days from its passage. Attachment:Ordinance No.526 D-1 ORDINANCE NO.526 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.1 08U,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 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 D-2 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, resulti'ng 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.526 Page 2 of 5 D-3 ordinances that extended any of those ordinances,including Ordinance No. 440U,448U,452U,and 457U. 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.526 Page 3 of 5 D-4 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,tnat 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 Permit (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.526 Page 4 of 5 D-5 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 June 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 18th 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.526 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 October 18,2011,and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk 1396614v2 Ordinance No.526 Page 5 of 5 D-6