CC SR 20200407 F - Landslide Exception U
CITY COUNCIL MEETING DATE: 04/07/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 633 to amend Exception
Category ‘U’ of the City’s Landslide Moratorium Ordinance to clarify the allowable
development on 48 Cinnamon Lane.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 633, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 15.20.040.U (EXCEPTIONS) OF THE CITY’S
LANDSLIDE MORATORIUM ORDINANCE TO ALLOW RESIDENTIAL
DEVELOPMENT ON 48 CINNAMON LANE ON THE SAME TERMS AS
DEVELOPMENT ASSOCIATED WITH EXCEPTION CATEGORY ‘P2.’
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Associate Planner
REVIEWED BY: Terry Rodrigue, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 633 (page A-1)
The previous Staff Report on this topic can be found on the City’s website via the March
17, 2020, City Council Agenda at:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3620&meta_id=80888
BACKGROUND AND DISCUSSION:
On March 17, 2020, Ordinance No. 633 (Attachment A) was introduced by the City
Council. This Ordinance amends Section 15.20.040.U of the City’s Landslide
Moratorium Ordinance to allow residential development on 48 Cinnamon Lane under
the same terms as development associated with Exception Category P2.
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This evening, Ordinance No. 633 is presented for its second reading and adoption. If
adopted, this Ordinance will go into effect on May 7, 2020.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Direct Staff to revise Ordinance No. 633 for re-introduction and/or second
reading at a future City Council Meeting
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ORDINANCE NO. 633
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 15.20.040.U (EXCEPTIONS) OF THE CITY’S
LANDSLIDE MORATORIUM ORDINANCE TO ALLOW RESIDENTIAL
DEVELOPMENT ON 48 CINNAMON LANE ON THE SAME TERMS AS
DEVELOPMENT ASSOCIATED WITH EXCEPTION CATEGORY ‘P2’.
WHEREAS, in September 1978, the City Council adopted Urgency Ordinance No.
108U, which established the Landslide Moratorium Area (LMA) in and around the
Portuguese Bend landslide area to regulate development activities due to potential
unstable soil conditions and active landslide movement ; and,
WHEREAS, development within the LMA has been and continues to be strictly
limited unless an applicable Landslide Moratorium Exception (LME) Category is granted
or an additional LME Category is created to address the limitations of the LMA; and,
WHEREAS, in September and December 2009, Ordinance No. 498 and 501U were
adopted, respectively, amending Section 15.20.040 (Exceptions) of the RPVMC to create
a new LME Category ‘P’ to allow the construction of new single -family residences on 16
undeveloped lots (also known as the 16 Monks plaintiffs’ lots) within Zone 2 of the LMA;
and,
WHEREAS, in November 2019, the City Council certified a Final Environmental
Impact Report (FEIR) for the Zone 2 Landslide Moratorium Ordinance and adopted
Ordinance No. 631 amending Exception Category 'P' of Section 15.20.040 (Exceptions)
of RPVMC to allow for the future residential development of 31 undeveloped lots in Zone
2 of the LMA. As a result, the LME Category ‘P’ has been further categorized into
subparagraphs ‘P1’ for the 16 Monks plaintiffs’ lots and ‘P2’ for the remaining 31
undeveloped lots in Zone 2; and,
WHEREAS, in August 2017, the City Council adopted Ordinance No. 597,
amending Section 15.20.040 (Exceptions) of the RPVMC as a result of a Settlement
Agreement between the City and the property owner of 40 Cherryhill Lane, who also
owned a vacant lot within Zone 2 at 48 Cinnamon Lane. The Exception Category ‘U’ was
established to allow for the development of a 1,917-square-foot replacement home and
a 600-square-foot detached garage on the undeveloped lot in Zone 2 in lieu of residential
improvements on 40 Cherryhill Lane. On May 2, 2019, the Certificate of Occupancy was
issued for the new residence and ancillary improvements with 50 cubic yards of
associated grading at 48 Cinnamon Lane; and,
WHEREAS, 48 Cinnamon Lane was among the 31 undeveloped lots i n Zone 2
since the EIR process commenced in 2009, in an effort to expand the LME Category ‘P’
beyond the 16 Monks plaintiffs’ lots. As such, the environmental review and analysis on
the impacts of development for the 31 undeveloped lots in Zone 2 included 48 Cinnamon
Lane in the certified FEIR. Therefore, the same development criteria and mitigation
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Ordinance No. 633
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measures specified in the certified FEIR for LME Category ‘P2’ will be applied to all
improvements proposed on 48 Cinnamon Lane upon the adoption of this ordinance; and,
WHEREAS, the proposed code amendment to Section 15.20.040 of the RPVMC is
a project under from the California Environmental Quality Act (“CEQA”), and its impacts
and mitigation measures were analyzed in the certified FEIR; and,
WHEREAS, on March 17, 2020, the City Council considered 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, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the proposed
amendment 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 Exception Category ‘P2’ does not expressly
include 48 Cinnamon Lane; however, Exception Category ‘P2’ is intended to guide further
development in Zone 2 of the LMA subject to a uniform set of conditions.
Section 3: The City Council proposes to amend Exception Category ‘U’ of the
City’s Landslide Moratorium Ordinance to be consistent with the recently adopted
provisions in Exception Category ‘P2’, which is to read as follows (deleted text in
strikethrough and new text in bold underline):
U. The construction of single-story residential buildings with a maximum height
of 16 feet, 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 feet, as measured pursuant to Section 17.48.050(D) of the
Rancho Palos Verdes Municipal Code with a maximum lot coverage of 25%
for the RS-2 zoned lot 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 residential buildings, garages and accessory structures up to 2,800
square feet in total size at 48 Cinnamon Lane (Tract 14195 Lot 12), provided that
a landslide moratorium exception permit is approved by the director and p rovided
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). Minor projects involving the construction of an enclosed
permanent detached accessory structure shall include a requirement that a use
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Ordinance No. 633
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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 Registrar-Recorder. Such covenant
shall be submitted to the director prior to the issuance of a building permit. 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 approvalissuance 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: 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 5: Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in 3 public places in the City within 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 6: Effective Date. This Ordinance shall go into effect at 12:01 AM on
the 31st day after its passage.
Section 7: After the effective date of this Ordinance, it shall apply to all
subsequent development applications for 48 Cinnamon Lane submitted on or after the
effective date of this Ordinance.
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Ordinance No. 633
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PASSED, APPROVED and ADOPTED this 7th day of April 2020.
_________________________________
John Cruikshank, Mayor
ATTEST:
____________________________
Emily Colburn, 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. 633 passed first reading on March 17, 2020, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
April 7, 2020, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
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