ORD 610 ORDINANCE NO. 610
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING EXCEPTION
CATEGORY 'T' CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO EXCLUDE NON-HABITABLE
ACCESSORY STRUCTURES FROM THE MAXIMUM
STRUCTURE SIZE LIMITATION OF RESIDENTIAL
BUILDINGS AND ACCESSORY STRUCTURES WITHIN
ZONE 1 OF THE LANDSLIDE MORATORIUM AREA AND TO
ALLOW RESIDENTIAL BUILDINGS AT A MAXIMUM
HEIGHT OF 26', WITH THE APPROVAL OF A HEIGHT
VARIATION PERMIT (CASE NO. PLCA2018-0001).
WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of
Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code
establishing 'Exception Category 'T' under Section 15.20.040 (Exceptions) to allow two
parcels within Zone 1 of the Landslide Moratorium Area to be developed with residential
structures (Case No. ZON2015-00555); and,
WHEREAS, on January 19, 2016, the City Council adopted Resolution No. 2016-
03, making certain findings related to the requirements of the California Environmental
Quality Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation
Monitoring Program (MMP)for the establishment of Exception Category'T' under Section
15.20.040 (Exceptions) to allow two parcels within Zone 1 of the Landslide Moratorium
Area to be developed with residential structures; and,
WHEREAS, on March 7, 2018, the Applicant (York Point View Properties, LLC)
submitted a Code Amendment request (Case No. PLCA2018-0001) to amend Exception
Category 'T' to exempt non-habitable accessory structures, permitted through Exception
Categories 'I' and '5' from the established maximum square footage limitation of 8,000ft2
for residential and accessory structures and to allow two-story residential structures up to
a maximum height of 26' with the approval of a Height Variation Permit; and,
WHEREAS, on September 10, 2018, a courtesy notice announcing the City
Council's review of the proposed code amendment was sent to property owners within
500' of the Point View property located at 6001 Palos Verdes Drive South; and,
WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018-
77, finding that pursuant to the provisions of the CEQA, Public Resources Code Sections
21000 et. seq. the State's CEQA Guidelines, California Code of Regulations, Title 14,
Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section
65962.5(f) (Hazardous Waste and Substances Statement), no evidence that the
proposed Code Amendment to Chapter 15.20 of the Rancho Palos Verdes Municipal
Code, as it relates to Exception Category (`T'), will introduce new significant
environmental effects or substantially increase the severity of the environmental impacts
that previously were identified and analyzed in the certified MND for the adoption of
Exception Category (`T') to Section 15.20.040 (Exceptions) of the Rancho Palos Verdes
Municipal Code. Additionally, the City Council found that the project does not include
changed circumstances or new information, which were not known at the time the MND
was certified, as detailed in Addendum No. 1 of the document, which would require the
preparation of a subsequent environmental analysis pursuant to CEQA; and,
WHEREAS, on October 2, 2018, the City Council conducted a duly noticed public
hearing, considered all testimony and materials in the staff report and accompanying
documents, which were made a part of the public record; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated
into this Ordinance as set forth herein.
Section 2. The City Council of the City of Rancho Palos Verdes hereby finds
that the amendment to Title 15 adopted herein is consistent with the Rancho Palos Verdes
General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals
and policies of those plans. Specifically, the amendment adopted herein will allow for
residential development, which conforms to established requirements and applicable
development standards including lot coverage, building height and setbacks within Zone
1 of the Landslide Moratorium Area and underlying Single-Family Residential (RS-1)
Zoning District.
Section 3. Section 15.20.040(T) (Exceptions) of Chapter 15.20 (Moratorium on
Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes
Municipal Code is hereby amended to read as follows:
"The construction of residential buildings, accessory structures, and grading
totaling less than 1,000 cubic yards of combined cut and fill, and including no more
than 50 cubic yards of imported fill material on the two lots in Zone 1 of the
"Landslide Moratorium Area" as outlined in yellow on the landslide moratorium
map on file in the Director's office; 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 (Landslide Mitigation Measures Required) of
this chapter. Residential buildings and accessory structures, excluding the square
Ordinance No. 610
Page 2 of 4
footage of non-habitable accessory structures permitted through Exception
Categories `I' and '5' of Section 15.20.040 of the City's Municipal Code, shall not
exceed a maximum combined total of up to 8,000 square feet (habitable and non-
habitable area), including garages and shall be limited to a maximum of 25 percent
lot coverage with proper setbacks from adjacent properties as determined through
the Neighborhood Compatibility analysis pursuant to Section 17.02.030(B) of the
City's Municipal Code and the City's Neighborhood Compatibility Handbook. A
main residence shall not exceed two stories and shall not exceed a maximum
height of 26 feet, through the approval of a Height Variation Permit, pursuant to
Section 17.02.040 of the City's Municipal Code for any portion of the structure
exceeding 16' in height and as defined by the zoning code for pad lots. Horse
keeping is permitted up to a maximum of four horses per lot. Such projects shall
qualify for a Landslide Moratorium Exception permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary sewer
system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the
City Attorney running with the land and enforceable by City (i) prohibiting future
subdivision of said property, (ii) acknowledging that the city makes no
representation as to the suitability of the land for development and assuming risk,
and (iii) providing for trail dedication. The property owner will work with the Director
to find a mutually agreeable trail alignment for connectivity to the City's trail system
which is vetted with trail groups and does not impact the developable building
site(s). Prior to issuance of a Landslide Moratorium Exception permit, 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. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Ordinance No. 610
Page 3 of 4
Section 6. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED this 16th day of October 2018.
Mayor
ATTE T:
Ala
ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, 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. 610 passed first reading on October 2, 2018, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
October 16, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES: Alegria, Cruikshank, Duhovic, Dyda and Mayor Brooks
NOES: None
ABSENT: None
ABSTAIN: None _Aga&--
E
City Clerk
Ordinance No. 610
Page 4 of 4
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on October 17, 2018, she caused to be posted the
following document entitled: ORDINANCE NO. 610, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, AMENDING EXCEPTION
CATEGORY 'T' CHAPTER 15.20 (MORATORIUM ON LAND USE
PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE TO EXCLUDE
NON-HABITABLE ACCESSORY STRUCTURES FROM THE
MAXIMUM STRUCTURE SIZE LIMITATION OF RESIDENTIAL
BUILDINGS AND ACCESSORY STRUCTURES WITHIN ZONE 1 OF
THE LANDSLIDE MORATORIUM AREA AND TO ALLOW
RESIDENTIAL BUILDINGS AT A MAXIMUM HEIGHT OF 26', WITH
THE APPROVAL OF A HEIGHT VARIATION PERMIT (CASE NO.
PLCA2018-0001), a copy of which is attached hereto, in the
following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the fore.•i • is a true and correct affidavit of
posting.
-- ' y Clerk