CC SR 20191203 E - Ord 631 Zone 2 EIR
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/03/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 631 revising the City’s
Landslide Moratorium Ordinance to allow for the residential development of 31
undeveloped lots in Zone 2.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 631, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO AMEND EXCEPTION
CATEGORY ‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT OF 31
UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S LANDSLIDE
MORATORIUM AREA.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Senior Planner
REVIEWED BY: Kit Fox, AICP, Interim Deputy Director of Community Development
APPROVED BY: Ara Mihranian, AICP, Interim City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 631 (page A-1)
The previous Staff Report, meeting Minutes, and public comments on this topic can be
found on the City’s website via the November 19, 2019, City Council Agenda at
http://www.rpvca.gov/772/City-Meeting-Video-and-Agendas
BACKGROUND AND DISCUSSION:
On November 19, 2019, the City Council adopted Resolution No. 2019-62, certifying the
an Environmental Impact Report, making certain environmental findings pursuant to the
California Environmental Quality Act (CEQA), adopting a Statement of Overriding
Considerations, and adopting a Mitigation Monitoring and Reporting Progra m related to
the proposed development of 31 undeveloped lots in Zone 2 of the City’s Landslide
Moratorium Area (LMA). As part of this action, the City Council also introduced
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Ordinance No. 631 (Attachment A) amending Exception Category ‘P’ of Section
15.20.040 (Exceptions) of the City’s Landslide Moratorium Ordinance to allow for the
future submittal of Landslide Moratorium Exception Permit applications for 31
undeveloped lots within Zone 2 of the LMA.
This evening, Ordinance No. 631 is presented for its second reading and adoption. If
adopted this evening, this Ordinance will go into effect on January 3, 2020.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative is available for the City
Council’s consideration:
1. Direct Staff to revise Ordinance No. 631 for re-introduction and/or second
reading and adoption at a future City Council meeting.
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01203.0023/614137.1
ORDINANCE NO. 631
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 15.20 (MORATORIUM ON
LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO AMEND EXCEPTION CATEGORY ‘P’
TO ALLOW FOR THE FUTURE DEVELOPMENT 31
UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S
LANDSLIDE MORATORIUM AREA.
WHEREAS, on October 14, 2009, the City commenced the processing of 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 to allow for the future
residential development of 31 undeveloped lots in Zone 2 of the City’s Landslide
Moratorium Area (LMA) (“Project”); and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et seq. (“CEQA”), 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), the City of Rancho Palos Verdes prepared an Environmental
Impact Report (EIR); and,
WHEREAS, on January 3, 2011, the City prepared an Initial Study (IS) and a
Notice of Preparation (NOP) for the proposed project, which we re released to the public
and public agencies for review; and,
WHEREAS, on February 1, 2011, the City Council conducted a public scoping
meeting to provide a forum for agencies and members of the community to provide verbal
comments on the IS and NOP; and,
WHEREAS, on September 21, 2012, the Draft EIR was made avail able to the
public for review and subsequently the City Council conducted a public hearing on
November 7, 2012, in order to provide the public an opportunity to provide verbal
comments on the Draft EIR; and,
WHEREAS, on March 6, 2014, the Final EIR was c ompleted and released to the
public for review. The City Council conducted public hearing on April 15, 2014, May 6,
2014 and June 17, 2014, to allow additional time for the public to submit comments related
to the EIR and proposed project, as well as, to a llow staff and its consultants to address
additional comments made by the public and any issues raised by the City Council; and,
WHEREAS, on August 5, 2014, the City Council conducted a public hearing on the
Final EIR and after considering evidence introduced into the record, tabled the
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certification of the Final EIR and the adoption of the proposed Zone 2 Landslide
Moratorium Ordinance Revisions; and,
WHEREAS, on November 8, 2018, the City re-initiated the environmental review
process for the proposed Zone 2 Landslide Moratorium Ordinance Revisions with the
circulation of an NOP, which provided for a 30 -day public scoping period. The City re-
initiated the process to amend the City’s Landslide Moratorium to allow for the future
development of 31undeveloped lots in Zone 2 of the City’s LMA. Several properties in the
Zone 2 had been residentially developed or were in the process of being developed and
the City sought to assess how changed conditions affect the surrounding environment.
The City also re-initiated the process in response to litigation filed by a group of property
owners in Zone 2 seeking to develop their properties; and,
WHEREAS, after the NOP comment period ended, the Updated Draft EIR was
prepared taking into account comments that were sub mitted during the public scoping
period and a Notice of Availability (NOA) was issued by the City on August 22, 2019,
which informed State and local agencies, interested parties and the public that the
updated Draft EIR was available for review, and providing for a 45-day public comment
period, which ended on October 7, 2019; and,
WHEREAS, the IS included in the Updated Draft EIR that was prepared in 2011
as part of the original environmental review for the Zone 2 Landslide Moratorium
Ordinance Revisions. The IS project description reflected the 47 lots that were
undeveloped at that time. It also reflected the CEQA Guidelines environmental checklist
that was in place at that time. Although the IS was not updated when the new NOP was
released in 2018, the recirculated Draft EIR reflects both the current number of
undeveloped and unentitled lots (31) and new relevant issues (such as Tribal Cultural
Resources) that are included in the current CEQA Guidelines; and,
WHEREAS, on September 17, 2019, the City Council conducted a public hearing
in order for the City to receive public oral comments regarding the Updated Draft EIR;
and,
WHEREAS, on October 31, 2019, the Community Development Department
issued a notice informing the public that the Final EIR would be available for review on
November 1, 2019. The notice was provided via mail to property o wners in and within a
500-foot radius of Zone 2 and was published in the Peninsula News on October 31, 2019.
A notice of the meeting was also provided by email to interested parties through the City’s
list-serve message system for this project, and posted citywide on the City’s Nextdoor
social media page. The notice also informed the public that a public hearing was
scheduled with the City Council on November 19, 2019 , to consider certification of the
Final EIR and approval of the proposed code amendment; and,
WHEREAS, on November 1, 2019, the Final EIR was made available on the City’s
website and hardcopies of the documents were also made available to the public at the
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locations specified in the notice, including but not limited to, City Hall and the Hesse Park
Community Center; and,
WHEREAS, at its November 19, 2019, meeting, the City Council held a duly-
noticed public hearing, at which time all interested parties were given an opportunity to
be heard and further present evidence regarding the proposed Code Amendment, the
Final EIR and the responses to the comments received regarding the Draft EIR; a nd,
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 City Council has reviewed and considered the amendments to
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code.
Section 2: The City Council finds that the amendments to Chapter 15.20
(Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho
Palos Verdes Municipal Code are consistent with the Rancho Palos Verdes General Plan
in that they uphold, and do not hinder, the goals and policies of those plans, in particular
to balance the rights of owners of undeveloped properties within Zone 2 of the City’s
Landslide Moratorium Area to make reasonable use of their properties while limiting the
potential impacts resulting from such use upon landslide movement, soil stability and
public safety within and adjacent to the Landslide Moratorium Area.
Section 3: The City Council further finds that the amendments to Chapter 15.20
(Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho
Palos Verdes Municipal Code are comparable, with added development criterion and
mitigation measures, to the development potential that has been afforded to the 16 Monks
Plaintiffs’ Lots located in Zone 2 of the City’s Landslide Moratorium Area in that they will
allow for the future development of 31 undeveloped lots in Zone 2 of the City’s Landslide
Moratorium Area with new, single-family residences and ancillary site improvements.
Thus, the City Council finds that the amendment achieves parity with the rights enjoyed
by the owners of the developed lots in Zone 2 of the City’s Landslide Moratorium Area
and achieves parity with the rights enjoyed by the property owners of the 16 Monks
Plaintiffs’ Lots in Zone 2 of the Landslide Moratorium Area.
Section 4: The City Council further finds that there is no substantial evidence
that the amendments to Chapter 15.20 (Moratorium on Land Use Permits) of Title 15
(Buildings and Construction) of the Rancho Palos Verdes Municipal Code would result in
significant environmental effects or a substantial increase in the severity of such effects,
with the exception of significant and unavoidable impacts related to Traffic and Circulation
(specifically, with respect to Intersections, Roadway Segments, and Temporary
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Construction Impacts). The City Council certified the Environmental Impact Report, made
certain findings related to the requirements of the California Environmental Quality Act,
adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring
Program for Planning Case No. PLCA2018-0004 prior to making its decision regarding
the code amendments contemplated herein, as evidenced in Resolution No. 2019-62,
adopted by the City Council on November 19, 2019.
Section 5: The City Council further finds that the amendments to Chapter 15.20
(Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho
Palos Verdes Municipal Code are necessary to protect the public health, safety and
general welfare in the area.
Section 6: Based upon the foregoing, Section 15.20.040 (Exceptions) of
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code is amended to read as follows (added text
identified in bold/underline):
P. 1. 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 16
undeveloped lots in Zone 2 of the "landslide moratorium area" as outlined
in green on the landslide moratorium map on file in the director's office,
identified as belonging to the plaintiffs in the case "Monks v. City of
Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal.
App. 2 Dist., 2008)"; 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. 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. Prior to the 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.
2. The construction of single-story residential buildings with a
maximum height of 16’, as measured pursuant to Section
17.02.040(B)(1)(c) of the Rancho Palos Verdes Municipal Code, and
accessory structures with a maximum height of 12’, as measured
pursuant to Section 17.48.050(D) of the Rancho Palos Verdes
Municipal Code with a maximum lot coverage of 25% for RS-1 and
RS-2 zoned lots, unless an increase in the maximum lot coverage is
permitted through the approval of a Minor Exception Permit or
Variance, and grading totaling less than 1,000 cubic yards of
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combined cut and fill and including no more than 50 cubic yards of
imported fill material on the 31 undeveloped lots in Zone 2 of the
"landslide moratorium area" as outlined in green on the landslide
moratorium map on file in the director's office, and which are not
within the scope of subparagraph (1) above; provided that a
landslide moratorium exception permit is approved by the director,
provided that the project complies with the criteria set forth in
Section 15.20.050 (Landslide Mitigation Measures Required) of this
chapter and the Mitigation Monitoring and Reporting Program
approved for the Environmental Impact Report related to the Zone 2
Code Amendments for the non-monks lots (Case No. PLCA2018-
0004). 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. Prior
to the 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 7: 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, and 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 8: 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.
Section 9: Effective Date. This Ordinance shall go into effect at 12:01 AM on
the 31st day after its passage.
Section 10: After the effective date of this Ordinance, it shall apply to all
Landslide Moratorium Exception permits and any subsequent development applications
for the 31 non-Monks lots in Zone 2 submitted on or after the effective date of this
Ordinance.
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PASSED, APPROVED and ADOPTED this 3rd day December 2019.
_________________________________
Mayor
ATTEST:
____________________________
City 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. 631 passed first reading on November 19, 2019, was duly and
regularly adopted by the City Council of said City at a regular me eting thereof held on
December 3, 2019, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
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