CC SR 20230516 D - Second Reading LME ExCatT Ord 671RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/16/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 671 amending the Rancho
Palos Verdes Municipal Code’s Landslide Moratorium Exception Categories to allow the
construction of a pool on one lot in Zone 1 of the City’s Landslide Moratorium Area.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 671, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 15.02.040 (EXCEPTIONS) OF CHAPTER 15.02
(MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATED TO LANDSLIDE MORATORIUM EXCEPTION
CATEGORY ‘T’ TO ALLOW THE CONSTRUCTION OF A POOL ON ONE LOT IN
ZONE 1 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: Whitney Berry, AICP, Associate Planner
REVIEWED BY: Octavio Silva, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 671 (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 May 2, 2023, City Council Agenda at
http://www.rpvca.gov/772/City-Meeting-Video-and-Agendas
BACKGROUND AND DISCUSSION:
On May 2, 2023, Ordinance No. 671 (Attachment A) was introduced by the City Council.
This Ordinance amends Exception Category ‘T’ of Chapter 15.02.040 (Exceptions) of Title
15 (Buildings and Construction of the Rancho Palos Verdes Municipal Code (RPVMC))
to allow the construction of a pool on one lot in Zone 1 of the City’s Landslide Moratorium
Area, specifically on the property located at Assessor ID 7572-012-024.
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This evening, Ordinance No. 671 is presented for its second reading and adoption. This
Ordinance will go into effect on June 16, 2023.
ALTERNATIVES:
In addition to the Staff’s recommendation, the following alternative action is available for
the City Council’s consideration.
1. Direct Staff to revise Ordinance No. 671 for re-introduction and/or second
reading at a future City Council meeting.
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ORDINANCE NO. 671
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING 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
RELATED TO THE LANDSLIDE MORATORIUM EXCEPTION
CATEGORY ‘T’ TO ALLOW THE CONSTRUCTION OF A
POOL ON ONE LOT IN ZONE 1 OF THE CITY’S LANDSLIDE
MORATORIUM AREA (CASE NO. PLCA2022-0001).
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 vacant
undeveloped 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 Code Amendment to Chapter 15.20; and,
WHEREAS, on October 16, 2018, the City Council adopted Ordinance No. 610,
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 feet, with the approval
of a Height Variation Permit (Case No. PLCA2018-0001); and,
WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018-
77, finding that pursuant to the provisions of California Environmental Quality Act (CEQA),
Public Resources Code Sections 21000 et. Sq. 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 related 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
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Ordinance No. 671
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would require the preparation of a subsequent environmental analysis pursuant to CEQA;
and,
WHEREAS, on September 30, 2022, the Applicant (York Point View Properties,
LLC) submitted a Code Amendment request (Case No. PLCA2022-0009) to amend
Chapter 15.20 of the RPVMC, as it relates to Exception Category ‘T’ to allow construction
of a pool on one lot within Zone 1 of the Landslide Moratorium Area.
WHEREAS, on January 17, 2023, the City Council authorized initiation of code
amendment proceedings to amend Exception Category ‘T’ of RPVMC Chapter 15.20.040
to allow the construction of a pool on one lot in Zone 1 of the City’s Landslide Moratorium
Area.
WHEREAS, on April 13, 2023, a public notice announcing the City Council’s review
of the proposed code amendment was published in the Peninsula News;
WHEREAS, on May 2, 2023, the City Council considered all testimony that was
received was made a part of the public record;
WHEREAS, on May 2, 2023, the City Council adopted Resolution No. 2023-18
finding that pursuant to the provisions of California Environmental Quality Act (CEQA),
Public Resources Code Sections 21000 et. Sq. 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), there is no evidence that the proposed Code Amendment to Chapter 15.20
of the Rancho Palos Verdes Municipal Code, as it related 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. 2 of the document, which
would require the preparation of a subsequent environmental analysis pursuant to CEQA;
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 City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
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
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Ordinance No. 671
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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 2. 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 (new text in bold underline,
deletions in strikethrough):
“T. 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 property at Assessor
ID 7572-012-024 in Zone 1 of the "Landslide Moratorium Area" as outlined in
yellow on the City’s 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 footage of non-habitable
accessory structures permitted through Exception Categories 'I' and 'S' of Section
15.20.040 (Exceptions) 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 feet in height and as defined by the zoning code for pad lots. A pool may be
permitted incidental to the primary residential use pursuant to Section
17.48.030(E)(7) of the city’s municipal code, not located on an extreme slope
(35% greater in steepness), and through the approval of a Landslide
Moratorium Exception Permit and subsequent applications and permits.
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 f orm 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
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Ordinance No. 671
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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. The City Council hereby finds 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), there is 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 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. 2 of the document, which would
require the preparation of a subsequent environmental analysis pursuant to CEQA.
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.
Section 6. Effective Date. This Ordinance shall go into effect on June 16, 2023.
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Ordinance No. 671
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PASSED, APPROVED and ADOPTED this 16th day of May 2023.
_________________________________
Barbara Ferraro, Mayor
ATTEST:
____________________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, 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. 671 was introduced by the City Council of said City at a regular
meeting thereof held on May 2, 2023, was duly and regularly adopted by the City Council
of said City at a regular meeting thereof held on May 16, 2023 and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Teresa Takaoka, City Clerk
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