CC SR 20231114 02 - Ride-to-Fly 50 Narcissa Dr (PLDC2023-0002)
PUBLIC HEARING
Date: November 14, 2023
Subject: Consideration and possible action to extend Ride-to-Fly Therapeutic Riding Program’s
Conditional Large Domestic Animal Permit No. 2 (Case No. PLDC2023-0002).
Recommendation:
(1) Adopt the City Manager’s determination that the proposed project is exempt from
Moratorium provisions pursuant to Section 2(D) of Ordinance No.674U; and
(2) Adopt Resolution No. 2023 - __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING A REQUEST TO RENEW AND REVISE CONDITIONAL
LARGE DOMESTIC ANIMAL PERMIT NO. 2 FOR AN ADDITIONAL TEN (10) YEARS AND
EXTEND THE DAYS OF OPERATION TO INCLUDE SUNDAY FOR THE FIRST FIVE (5) YEARS OF
THE PERMIT RENEWAL PERIOD FOR THE PROPERTY LOCATED AT 50 NARCISSA DRIVE (CASE
NO. PLDC2023-0002).
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Pro Tem Cruikshank
3. Request for Staff Report: Mayor Pro Tem Cruikshank
4. Staff Report & Recommendation: Jeffrey Kim, Assistant Planner
5. Council Questions of Staff (factual and without bias):
6. Public Testimony:
Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the
applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be
allowed ten minutes to make a presentation.
Applicants: Mark Radville and Kirk Attoian (Ride-to-Fly)
Mayor Pro Tem Cruikshank invites the Applicants to speak. (10 mins.)
A. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Rebuttal: Mayor Pro Tem Cruikshank invites brief rebuttals by Applicants. (3 mins)
Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have
spoken.
8. Council Questions of Appellant (factual and without bias):
9. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Pro Tem Cruikshank
10. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
11. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additi onal
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 11/14/2023
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to extend Ride-to-Fly Therapeutic Riding Program’s
Conditional Large Domestic Animal Permit No. 2 (Case No. PLDC2023-0002).
RECOMMENDED COUNCIL ACTION:
(1)Ratify the City Manager’s determination that the proposed project is exempt from
Moratorium provisions pursuant to Section 2(D) of Ordinance No.674U; and
(2)Adopt Resolution No. 2023 - __, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING A REQUEST TO
RENEW AND REVISE CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO.
2 FOR AN ADDITIONAL TEN (10) YEARS AND EXTEND THE DAYS OF
OPERATION TO INCLUDE SUNDAY FOR THE FIRST FIVE (5) YEARS OF THE
PERMIT RENEWAL PERIOD FOR THE PROPERTY LOCATED AT 50
NARCISSA DRIVE (CASE NO. PLDC2023-0002).
FISCAL IMPACT: The Applicant is a registered nonprofit 501(c)(3) corporation and is
exempt from application fees ($2,850) associated with the
Conditional Large Domestic Animal Permit pursuant to Rancho
Palos Verdes Municipal Code (RPVMC) Section 17.78.010(E)(5)
(Fee Waivers).
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jeffrey Kim, Assistant Planner
REVIEWED BY: Brandy Forbes, AICP, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.Resolution No. 2023-__ (page A-1)
B.September 26, 2023 Planning Commission meeting minutes
C.September 26, 2023 Planning Commission staff report
D.Ride-to-Fly Therapeutic Riding Program Request (page D-1)
E.Ordinance No. 674U (page E-1)
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BACKGROUND:
On October 17, 2000, the City Council adopted Resolution No. 2000-70, approving
Conditional Large Domestic Animal Permit (CLDAP) No. 2, allowing the Ride-to-Fly
Therapeutic Riding Program (Ride-to-Fly) to keep up to four horses on the subject
property located at 50 Narcissa Drive and to provide riding, training, and educational
programs to children and adults with disabilities in a safe and nurturing environment . The
permit was granted for an initial period of two years.
On October 1, 2002, at the recommendation of the then-Equestrian Committee, the City
Council adopted Resolution No. 2002-02, granting a two-year extension to CLDAP No. 2.
On October 14, 2004, the City Council adopted Resolution No.2004-01, granting another
two-year extension of the permit. The City Council subsequently granted five-year
extensions of CLDAP No. 2 in 2006 (Resolution No. 2006-98) and in 2011 (Resolution
No. 2011-95), and a seven-year extension in 2017 (Resolution No. 2017-15), setting its
expiration date as December 19, 2023.
On July 5, 2023, the Applicant submitted a request (Attachment D) to renew and revise
the permit by 10 years and extend the days of operation to include Sunday.
On September 26, 2023, the Planning Commission, serving in the advisory capacity to
the City Council for this application, conducted a duly-noticed public hearing and adopted
P.C. Resolution No. 2023-013, recommending the City Council approve a request to
renew and revise CLDAP No. 2 for an additional ten 10 years and extend the days of
operation to include Sunday for the first five years of the permit renewal period
(Attachments B and C).
DISCUSSION:
Site Description
The project site is a 1.16-acre parcel located on the southeast intersection of Narcissa
Drive and Cinnamon Lane, as outlined in the aerial photograph below, and within the
Portuguese Bend Community. The site is currently improved with fours horse corrals, a
barn, feed room, two stalls, 10 parking spaces, and a Tuff shed tack room. The General
Plan and zoning designations of the property are Residential 1-2 Dwelling Unit per Acre
and RS-2 (Single-Family Residential), respectively. Surrounding land uses to the east,
west, north, and south of the project site include single-family residential and open space
areas. The site is also located in Zone 2 of the City’s Landslide Moratorium Area, the
City’s Urban Appearance Overlay Control District (OC-3), the Equestrian Overlay (Q)
District, and Section 3, Segment K2, of the City’s Pony Trail.
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Project Description
The proposed project involves the following request:
A request to renew and revise Conditional Large Domestic Animal Permit No. 2 for an
additional 10 years and extend the days of operation to include Sunday for the first five
years of the permit renewal period.
Ordinance No. 674U City Manager Determination
On October 3, 2023, the City council adopted Interim Urgency Ordinance No.674U in
response to the accelerated movement of the greater Portuguese Bend Landslide
Complex primarily caused by this past winter’s heavy rains. The ordinance was adopted
to establish a temporary 45-day moratorium on the acceptance or processing of
applications, issuance of permits, and construction of all structures within the greater
Portuguese Bend Landslide Complex. The complex boundaries include but are not limited
to the Portuguese Bend Landslide, the Abalone Cove Landslide, and the Klondike
Canyon Landslide.
Section 2(D) of Ordinance No. 674U states:
“Construction that the City Manager deems necessary and consistent with
the purposes of this interim urgency ordinance. Any such exception shall
require written findings by the City Manager, and must be ratified by the City
Council at the regular meeting following the City Manager’s determination.”
Pursuant to the above Section 2(D) of Ordinance No. 674U, the City Manager has
determined that this project is exempt from the Moratorium as the project is limited to
operational requirements of the Ride-to-Fly program and will not result in any physical
development or construction, which is consistent with the provisions of the moratorium.
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Staff recommends that the City Council ratify the City Manager’s determination.
Code Consideration and Analysis
Pursuant to Rancho Palos Verdes Municipal Code (RPVMC) Section 17.78.040
(Amendments to Approved Applications), an amendment, which includes but is not limited
to, modifications to the conditions of approval, may be initiated by a property owner. The
amendment to the project shall be considered by the same body which took the final
action in granting the original application, which in this case is the City Council. Pursuant
to RPVMC Section 17.46.070 (Equestrian Committee), the Planning Commission serves
in an advisory capacity to assist the City Council in the consideration of the keeping of
large domestic animals in accordance with CLDAP according to the terms and
requirements and procedures described in RPVMC Section 17.76.115(B) (Large
Domestic Animal Permits).
At its September 26, 2023 meeting, the Planning Commission, serving in an advisory
capacity to the City Council, supported the Applicant’s request to renew the CLDAP for
an additional 10 years. The Planning Commission supported the extension of daily
operations from Monday-Saturday and to include operations on Sundays for the first five
years of the permit extension. This was to provide a window in the 10-year permit timeline,
by which City Staff could address potential impacts associated with Sunday operations
earlier than at the end of the 10 -year period. At the end of the five-year period, the
Applicant can request an extension for continued operations on Sunday for the remaining
permit renewal period. The Commission came to this conclusion based on Ride-to-Fly’s
limited ability to operate during the equivalent hours of construction from Monday to
Saturday on the adjacent properties; whereas no construction is permitted on Sundays.
The 5-year limit for the Sunday operations was agreed upon due to the uncertainty of
impacts that the Sunday operations of Ride-to Fly may have on the neighboring
properties. Therefore, the Commission settled on recommending a five-year initial period
for the Sunday operations.
As conditioned, the Planning Commission was able to make all the required CLDAP
findings as listed below and described in detail in the Planning Commission staff report
for this project.
1. That the project applicant is a registered nonprofit 501(c)(3) corporation.
2. That the permit, if issued, will not be detrimental to the public health, safety, or
general welfare.
3. That any increase in the number of animals that would otherwise be allowed by
the provisions of Chapter 17.46 of this title to be kept or boarded on the property
and/or the operation of an active outdoor recreational facility or program which
benefits youth or the physically or mentally challenged or has similar philanthropic
purpose will not have significant adverse effects upon other properties in the
vicinity of the site.
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4. That the cumulative impact, should the requested permit be issued, upon the
properties in the vicinity of the site or the community as a whole, shall not, in the
aggregate, constitute adverse impact upon the area.
The Planning Commission unanimously recommended that the City Council conditionally
approve the CLDAP, based upon these same findings and the attached Conditions of
Approval (Attachment B).
ADDITIONAL INFORMATION:
Public Notice and Public Comments
On October 12, 2023, notice of the City Council’s consideration of the CLDAP renewal
was published in the Peninsula News and mailed to all property owners within a 500-foot
radius of the subject site. Staff did not receive any correspondence in response to the
public notice. If comments are received after the transmittal of this staff report, they will
be provided to the City Council as late correspondence the night of the meeting.
City Council Members Residing within 500 feet or 1,000 feet of the Project Site
There are no City Council Members residing within 500 feet or 1,000 feet of the project
site.
California Environmental Quality Act (CEQA) Compliance
Staff reviewed the proposed application for compliance with the California Environmental
Quality Act (CEQA). Categorical Exemptions are projects which have been determined
not to have a significant effect on the environment and have been exempted from the
requirements of CEQA. Upon completion of this review, it has been determined that the
proposed project is Categorically Exempt from CEQA, pursuant to Section 15301
(Existing Facilities) of the CEQA Guidelines, as the Ride-to-Fly Therapeutic Riding
Program is an existing facility and the permit renewal would not expand the current use.
CONCLUSION:
Staff recommends the City Council ratify the City Manager’s determination to exempt the
application from the moratorium established by Urgency Ordinance No. 674U and to
adopt a resolution approving a request to renew and revise CLDAP No. 2 for an additional
10 years and extend the days of operation to include Sundays for the first five years of
the permit renewal period.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
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1. Approve the renewal of CLDAP No. 2 with revised and/or additional Conditions of
Approval.
2. Deny the request and direct Staff to prepare a resolution of denial to present to the
City Council for their consideration at the next available meeting.
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RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING A REQUEST TO
RENEW AND REVISE CONDITIONAL LARGE DOMESTIC
ANIMAL PERMIT NO. 2 FOR AN ADDITIONAL TEN (10)
YEARS AND EXTEND THE DAYS OF OPERATION TO
INCLUDE SUNDAY FOR THE FIRST FIVE (5) YEARS OF THE
PERMIT RENEWAL PERIOD FOR THE PROPERTY
LOCATED AT 50 NARCISSA DRIVE (CASE NO. PLDC2023 -
0002).
WHEREAS, on October 17, 2000, the City Council adopted Resolution No. 2000-
70, approving Conditional Large Domestic Animal Permit (CLDAP) No. 2 for the keeping
of 4 horses and the operation of the “Ride-to-Fly” therapeutic riding program on a 1.16-
acre property located at 50 Narcissa Drive; and
WHEREAS, on August 8, 2002, the then-Equestrian Committee recommended
that the City Council grant a two-year extension to CLDAP No. 2 and modify certain
conditions of approval; and
WHEREAS, on October 1, 2002, the City Council adopted Resolution No. 2002 -
85, granting a two-year extension to CLDAP No. 2 with modified conditions of approval;
and
WHEREAS, on October 14, 2004, the then-Equestrian Committee recommended
that the City Council grant a two-year extension to CLDAP No. 2; and,
WHEREAS, on December 7, 2004, the City Council adopted Resolution No. 2004-
106, granting a two-year extension to Conditional Large Domestic Animal Permit No. 2;
and
WHEREAS, on November 9, 2006, the then-Equestrian Committee, based on
the then operations, recommended that the City Council grant a five-year extension to
CLDAP No.2 and modify certain conditions of approval; and
WHEREAS, on December 19, 2006, the City Council adopted Resolution No. 2006-
98, thereby granting a five-year extension to CLDAP No. 2; and
WHEREAS, on November 22, 2011, the Planning Commission, serving in the
capacity of the former Equestrian Committee, adopted P.C Resolution No. 2011-38,
thereby recommending that the City Council grant a five-year extension to CLDAP No. 2;
and
WHEREAS, on December 20, 2011, the City Council adopted Resolution No. 2011-
95, granting a five-year extension to the CLDAP No. 2, setting the expiration date as
A-1
Resolution No. 2023-__
Page 2 of 9
December 19, 2016; and
WHEREAS, on March 14, 2017, the Planning Commission, adopted P.C
Resolution No. 2017-10, recommending that the City Council approve a revision to
CLDAP No.2 for the Ride-to-Fly therapeutic program to: 1) extend the existing
entitlements for 7 additional years, and 2) extend the operating hours on Tuesday
through Fridays to 9:00 AM to 5:00 PM, or sunset, whichever is earlier; and
WHEREAS, on April 18, 2017, the City Council adopted Resolution No. 2017 -15
to amend CLDAP No. 2 to 1) Extend the existing entitlement for 7 additional years, 2)
extend operating hours on Tuesday through Fridays to 9:00 AM to 5:00 PM, or sunset,
whichever is earlier; and
WHEREAS, on July 5, 2023, the Applicant submitted a request to renew and
extend the permit by 10 years and the extension of days of operation to include Sunday;
and
WHEREAS, on July 5, 2023, Staff deemed the application incomplete for
processing due to missing information. The Applicant subsequently submitted additional
information for the pending application on August 23, 2023, and the project was deemed
complete for processing; and
WHEREAS, on September 7, 2023, notice of the application was published in the
Peninsula News and mailed to all property owners within a 500-foot radius of the subject
site; and
WHEREAS, on September 26, 2023, the Planning Commission adopted P.C
Resolution No. 2023-13, recommending that the City Council approve a request to renew
and revise CLDP No.2 for an additional ten (10) years and extend the days of operation
to include Sunday for the first five (5) years of the permit renewal period for the property
located at 50 Narcissa Drive for the operation of the Ride-to-Fly Therapeutic Riding
Program; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Sections 21000 et. seq. (“CEQA”), the State’s CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., the City’s Local CEQA
Guidelines, the proposed project has been found to be categorically exempt from CEQA
(Class 1 exemption) as it includes the permitting and operation of a use that involves no
or negligible expansion of said use; and
WHEREAS, on October 26, 2023, notice of the application and the City Council’s
consideration of the project at its meeting on November 14, 2023, was published in the
Peninsula News and mailed to all property owners within a 500-foot radius of the subject
site.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
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Resolution No. 2023-__
Page 3 of 9
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The recitals are true and incorporated herein by reference.
Section 2. The proposed project is a request to renew and revise CLDAP No.
2 by an additional ten (10) years and extend days of operation to include Sunday,
9:00 AM to 5:00 PM or sunset, whichever is earlier. Operations on Sunday are limited
to the first five (5) years of the ten (10) year permit renewal period; whereby at the
end of the five (5) year period, the Applicant can request an extension for continued
operations on Sunday for the remaining permit renewal period.
Section 3: The proposed revision to CLDAP is warranted because:
i. The project Applicant (Ride-to-Fly) is a registered non-profit 501(c)(3)
corporation.
ii. The site has been operating as an equestrian center (i.e. Ride-to-Fly
Therapeutic Riding Program), which includes horse keeping, and
provides riding, training and educational programs to children and
adults with disabilities in a safe nurturing environment. Ride-to-Fly
continues to operate according to the conditions of the current Permit,
which includes provisions related to the maximum number of horses
allowed, the days and hours of operation, and maintenance of sanitary
and orderly conditions at the facility. Based on site visits to the area,
Ride-to-Fly facilities were found to be clean and well maintained.
Additionally, no complaints have been filed with respect to the
operation of the use since the last permit extension was approved. A
10-year extension of the permit and an extension of days of operation
to include Sunday for the for the first five (5) years of the permit
renewal period, will not result in a detrimental impact on the public
health, safety, or general welfare of the community.
iii. The Ride-to-Fly organization is currently permitted to board 4 horses
on the Property and is not proposing to increase the number of horses.
iv. No concerns or complaints from the public have been received related
to the operation of Ride-to-Fly Therapeutic Riding Program since the
last permit extension was approved. As such, allowing Ride -to-Fly to
Therapeutic Riding Program continue its status quo operations would
not have significant adverse impacts upon the area.
Section 4: The City Manager has determined that this project is exempt from
the Landslide Moratorium recently enacted by the City Council pursuant to Section
2(D) of Ordinance No. 674U, as the project is limited to operational requirements of
the Ride-to-Fly Therapeutic Riding Program and will not result in any physical
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Resolution No. 2023-__
Page 4 of 9
development, which is consistent with the provisions of the moratorium.
Section 5: For the foregoing reasons and based on the information and
findings included in the Staff Report, and the Minutes and other records of
proceedings, the City Council of the City of Rancho Palos Verdes hereby adopts
Resolution No. 2023-__, thereby approving a request to renew and revise Conditional
Large Domestic Animal Permit No. 2 for an additional ten (10) years and extend the
days of operation to include Sunday for the first five (5) years of the permit renewal
period for the property located at 50 Narcissa Drive (Case No. PLDC2023-0002),
subject to the conditions set forth in the attached Exhibit ‘A’.
Section 6: That the City Clerk of the City of Rancho Palos Verdes [Los
Angeles County] shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 14th day of November 2023.
_________________________________
John Cruikshank, Mayor Pro Tem
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, hereby certify that
the above Resolution No. 2023-__ was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on November 14, 2023.
__________________________________
Teresa Takaoka, City Clerk
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Resolution No. 2023-__
Page 5 of 9
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2
50 NARCISSA DRIVE (CASE NO. PLDC2023-0002)
1. This approval supersedes all Conditions of Approval that were a part of the original
City Council approval under Resolution No. 2000 -70 and any subsequent
amendments.
ADDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
2. Prior to the commencement of the use permitted by this approval, the Applicant
and the property owner shall submit to the City a statement, in writing, that they
have read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
3. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures), brought against the City, and/or any of its officials, officers,
employees, agents, departments, agencies, and instrumentalities thereof, that
challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any
permit or approval issued by, the City and/or any of its officials, officers,
employees, agents, departments, agencies, and instrumentalities thereof
(including actions approved by the voters of the City), for or concerning the project.
ADDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
4. Approval of this permit shall not be construed to mean any waiver of applicable
and appropriate zoning regulations, or any Federal, State, County, and City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal code shall apply.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
5. Pursuant to Section 17.78.040, the Community Development Director is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require
new and separate environmental review and public notification.
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Resolution No. 2023-__
Page 6 of 9
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the RS-2 residential development standards and Equestrian Overlay (Q) district
standards of the City's Municipal Code, including but not limited to height, setback
and lot coverage standards.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code or administrative
citations as described in Section 1.16 of the City's Municipal Code.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
9. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this Resolution.
10. This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal nonconforming structures on the property, unless the approval of such illegal
or legal nonconforming structure is specifically identified within these conditions or
on the stamped APPROVED plans.
Project Specific Conditions:
11. This approval is for the keeping of four (4) horses and the operation of a therapeutic
riding program on a 1.16-acre vacant, contiguous property in the Portuguese Bend
Equestrian Overlay (Q) District, located at 50 Narcissa Drive.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
12. If the use approved by this permit has not been established within one year of the
final effective date of this Resolution, approval of the project shall expire and be of
no further effect unless, prior to expiration, a written request for extension is filed
with the Community Development Department, and is reviewed by the Planning
Commission and approved by the City Council. Otherwise, a new Conditional
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Resolution No. 2023-__
Page 7 of 9
Large Domestic Animal Permit must be approved prior to the commencement of
the approved use.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15
13. The approval of the Conditional Large Domestic Animal Permit No. 2 is granted to
the Applicant ("Ride-to-Fly") and not to the owner of the subject property (George
and Leanne Twidwell). The extension of this permit shall be valid for a period of
ten (10) years, with an expiration date of December 19, 2033, and for as long as
the Applicant continues to utilize the property where the program is conducted in
accordance with the terms of this Resolution. The permit may be extended beyond
this date provided a written request for an extension is submitted to the City prior
to the expiration date and approved by the City Council.
AMENDED ON NOVEMBER 14, 2023 PER RESOLUTION NO. 2023-__.
14. If the Applicant discontinues, vacates or abandons the use of the property where
the facility or program is conducted, the rights, privileges and obligations granted
by Conditional large Domestic Animal Permit No. 2 shall terminate and shall not
revert to the property owners. The permit shall also be terminated upon the
occurrence of any of the following:
a. The subject lot or parcel is subdivided, reduced in size or is combined with
one or more other lots or parcels;
b. A violation of any of the conditions upon which the permit was granted, after
a duly-noticed public hearing before the Planning Commission and City
Council;
c. The Applicant discontinues, vacates or abandons the use of the subject lot
or parcel in accordance with the terms of the approved permit for a period
of more than one hundred eighty (180) days;
d. The property owners rescind the authorization for the use of the property by
the Applicant; or,
e. The Applicant no longer qualifies for registered non-profit 501 (c)(3) status,
as described in Section 17.78.010 of the Rancho Palos Verdes
Development Code.
15. Proof of the registered non-profit 501 (C)(3) status of the Applicant must be
provided to the Director of Community Development on an annual basis . In
addition, the Applicant shall notify the Director in writing within thirty (30) days of
any change in non-profit status.
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Resolution No. 2023-__
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16. No additional structures are permitted by this approval and the existing structures
and facilities on the site shall maintain the minimum 35-foot sanitary setback
specified in Section 17.46.060(A)(1) of the Rancho Palos Verdes Development
Code. Any future relocation of the structures and facilities on the site shall be
subject to review and approval by the Director of Community Development or, at
his/her discretion, the Planning Commission and/or City Council.
17. The Applicant shall be responsible for completing the following tasks, to the
satisfaction of the Director of Community Development:
a. Maintain the existing perimeter fencing around the corrals;
b. Maintain landscape screening along the perimeter of the corrals, especially
along the Narcissa Drive frontage of the property; and,
c. Maintain the soft" paving such as decomposed granite in the off-street
parking area along Narcissa Drive, subject to the authorization of the
Portuguese Bend Community Association.
18. The approved days and hours of operation for the therapeutic riding program are
limited as follows:
Tuesday through Saturday: 9:00 AM to 5:00 PM or sunset, whichever is earlier.
Any proposal to change the days and/or hours of operation requires the review of
the Planning Commission and the approval of the City Council.
AMENDED ON APRIL 18, 2017 PER RESOLUTION NO. 2017-15.
19. Off-street parking shall only be provided along Narcissa Drive frontage of the
subject property. No more than ten (10) vehicles may be parked on the site at any
time. All vehicles must be parked so as not to infringe upon the paved roadway of
Narcissa Drive or to otherwise interfere with the passage of motorists, pedestrians
or equestrians by the site.
20. The Applicant shall ensure that the site is visited daily to feed and water the horses,
verify the status of the horses' condition and health, and inspect the condition and
integrity of the horses' enclosure.
21. A weatherproof notice setting forth the name of the person(s) responsible for the
horses and a phone number(s) to be called in the event of an emergency shall be
displayed on, or in the vicinity of, the enclosure in which the horses are kept.
22. The Applicant is responsible for the continuous maintenance of sanitary conditions,
including, but not limited to, the cleaning of corrals, stables, barns and other areas
to which animals have access; and the proper disposal of manure, offal, soiled
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straw and other refuse. Animal waste shall not be allowed to accumulate, run off
or leach so as to create a nuisance or be offensive to other persons in the vicinity.
Manure may be disposed of by removal from the lot or parcel by a city-licensed
waste disposal company, or by composting. If waste or manure is to be composted,
the composting material shall be kept in a composting bin, and the composting
shall be performed in accordance with City-approved composting procedures.
Proper procedures must be used to control insects and minimize offensive odors.
23. Animal waste, manure, offal, soiled straw and other refuse shall not be allowed to
accumulate in any regular, intermittent or seasonal watercourse.
24. The property shall be maintained so that there is no standing surface water or
ponding within areas in which horses are kept.
25. All buildings used for the keeping of animals and all corral or enclosure fences
shall be constructed and maintained in a neat and orderly condition and kept in
good repair. Landscaping, or other screening techniques, shall be provided as
appropriate to assist in screening of stables, barns, corrals, composting bins and
stored hay from public view and from adjacent properties.
26. The Applicant shall carry out a program of fly control through such means as traps,
pesticides or natural predators.
27. No structure or enclosure for the keeping of the horses shall be constructed or
maintained in any regular, intermittent or seasonal watercourse.
28. The Applicant, on an annual basis, will submit an attestation to the Director of
Community Development, in a form acceptable to the City, that the property and
use are fully in compliance with all the conditions of the permit. The form will be
made a part of this permit. The Community Development Department will provide
the attestation form and will waive any fees that may be required for review of the
form.
ADDED ON NOVEMBER 14, 2023 PER RESOLUTION NO. 2023-__.
29. The Applicant is authorized to operate on Sunday, 9 :00 AM to 5:00 PM or sunset,
whichever is earlier. Operations on Sunday are limited to the first five (5) years of
the ten (10) year permit renewal period; whereby at the end of the five (5) year
period, the Applicant can request an extension for continued operations on Sunday
for the remaining permit renewal period.
ADDED ON NOVEMBER 14, 2023 PER RESOLUTION NO. 2023-__.
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ORDINANCE NO. 674U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-
DAY MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF
APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF
ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE
COMPLEX
WHEREAS, the City of Rancho Palos Verdes is affected by three large active
Landslide Complexes: the Portuguese Bend Landslide (the PBL), the Abalone Cove
Landslide (the ACL), and the Klondike Canyon Landslide (the KCL), also known as the
Greater Portuguese Bend Landslide Complex, or Landslide Complex. The landslides
have been active since the 1950s to 1970s, and are depicted in Exhibit "A".
WHEREAS, in September 1978, the City Council adopted Urgency Ordinance No.
108U, which established the Landslide Moratorium Area (LMA), which includes the
Landslide Complex. Since 1978, development activity has been circumscribed within the
LMA. in February 1981, the City Council adopted Ordinance No. 139U, which added the
area known as Klondike Canyon to the LMA. The specific restrictions imposed within the
LMA are described in the City's Landslide Moratorium Ordinance, codified as Chapter
15.20 of the Rancho Palos Verdes Municipal Code. The LMA is contiguous with Landslide
Complex depicted in Exhibit "A".
WHEREAS, the LMA is divided into zones 1 through 8. Zones 7 and 8 are owned
by the City and part of the Palos Verdes Nature Preserve. Some of the zones have been
subject to landslides in the past, and were relatively stable until the recent past. Zone 6
has been sliding towards the ocean since the 1950s, some homes having moved as much
as 450 feet from their original location. Zone 6 moves much faster, though not at a
consistent speed throughout, with the most active part of the Zone 6 moving up to 8 feet
a year. The landslide zones are depicted in Exhibit "B".
WHEREAS, development within the LMA is permitted as follows: (i) Properties in
the LMA that are currently developed with residential structures are permitted to make
limited improvements if the City grants a Landslide Moratorium Exception (LME) permit
RPVMC § 15.20.020). (ii) Certain properties within Zone 2 of the LMA (the 16 Monks
properties and 31 non-Monks properties) may develop their properties if granted a LME
permit (RPVMC § 15.20.040.P). (iii) Construction on properties in the LMA that were not
previously developed with residential structures is not permitted unless a Moratorium
Exclusion (ME) Permit is granted (RPVMC § 15.20.100). (iv) RPVMC Section 15.20.120
provides a mechanism for a property owner to apply to have the moratorium's boundaries
adjusted "to accurately reflect geologic conditions that are present on the property that is
the subject of the application...."
E-1
WHEREAS, in the recent past, and especially since May of 2023, the land
movement in the Landslide Complex has increased significantly, most notably in the PBL
and KCL.
WHEREAS, the KCL moved on average by 0.5" per year between 2007 and 2018;
the rate of movement increased between 2018 and 2022 to 1"-2" (and as much as 4");
and in 2022-2023, the rate of movement increased dramatically by up to --30+" in some
places, and more typically by -10-14" in others. See Exhibit "C".
WHEREAS, a report regarding the PBL from McGee Surveying Consulting dated
October 19, 2022 and revised June 6, 2023 concluded "In the last seven months the
movement velocities have accelerated over the average velocity for the previous four
years which saw an acceleration over the previous 15-20 years.... Velocities were stable
prior to 2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and
remained stable to the Fall of 2022. In the last seven months since the Fall of 2022 the
velocities generally have doubled more or less."A further McGee Surveying Report dated
August 6, 2023, concluded, regarding KCL and ACL, that the rate of land movement in
the "2014-2018 period is generally representative of previous years back to 2007. In the
last two months the movement velocities have accelerated over the previous seven-
month period between October 10, 2022 to May 12, 2023. In that seven-month period the
average velocities had accelerated over the previous four-year average which saw an
acceleration over the previous 8 or more years. A monitoring year is 12 months beginning
and ending about the beginning of the rainy season on October 1." The August 6, 2023
report includes a chart with the "measured movements for a sample of monitoring points
for the indicated periods with a projection for the full year of October 10, 2022 to October
2023 based on actual measurements for the period October 10, 2022 to July 15, 2023."
See Exhibit "D" for the October 19, 2022 and August 6, 2023 reports.
WHEREAS, recent increased land movement has already caused 2 homes in the
KCL to be "red-tagged" and the building official is closely monitoring several others. The
homes are located at 4332 Dauntless and 4361 Exultant. See Exhibit"E". In July, a dozen
homes in Rolling Hills Estates were destroyed because of land movement, and experts
believe the entire Palos Verdes Peninsula is an area of concern [see
https //www.youtube com/watch?v=WA3mwOISKjil. The landslide in Rolling Hills
Estates was likely caused by the increased rain this past winter or by a broken water
main.
WHEREAS, based on readings at 2 water pump locations in KCL, the water table
has risen quickly and dramatically from December 2022 to today from 91.4' below the
suface to 5.2' at Location 2, and 97.5' to 8.7' at Location 3. See Exhibit "I."
WHEREAS, a draft report from Cotton, Shires and Associates, Inc. "provide[s] a
preliminary geotechnical assessment of recent land movement within the Portuguese
Bend Reserve ... with a specific focus on the impacts of land movement to the Burma
Road Trail." Per the report, "[s]ome areas of the Reserve are now experiencing significant
land movement and ground surface manifestation that is beyond the limits of the
historically active and previously mapped Portuguese Bend Landslide, resulting in
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Ordinance No 674U
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damage to trails and fire roads which provide access for public safety, utilities,
maintenance, conservation, and public recreation."
WHEREAS, the Cotton Shires and Associates, Inc. report cites to the October 19,
2023/June 6, 2023 McGee Survey Consulting report ("Velocities were stable prior to
2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and remained
stable to the Fall of 2022. In the last seven months since the Fall of 2022 the velocities
generally have doubled more or less.") and states: "[t]his is a significant and important
observation from the surveyor and comports with the past several years of field
observations by CSA staff of roadway distress and trail distress within the PBR, as well
as reports of street distress, building distress and utility line breaks throughout the various
known landslide areas. We have prepared several graphics based upon our own analysis
of the GPS survey monitoring data to further illustrate what is happening with the landslide
ground movement. Figure 2 (attached) depicts horizontal displacements (in feet) and
ground displacement vectors, for 12 selected GPS survey monuments mostly located in
the mid and upper Ancient Portuguese Bend Landslide Complex. These figures are based
upon McGee's GPS monitoring of the survey monuments from October 2018 to May 2023
with the exception of two monuments which were last read in October 2022, PB18 and
AB71). Four of these monuments were also read in mid-July, 2023 and those movement
data are also presented. Two of the monuments, CR07 and FT06 are located on Burma
Road outside of the Portuguese Bend Landslide and indicate 1.67 feet and 3.09 feet of
horizontal displacement over the -4.5- year period. The CR07 point moved an additional
0.42 feet in two months (through July 15, 2023), which translates to ground movement
velocity of about 2.5 feet per year. Most of the other points on this figure are in the Ancient
Portuguese Bend Landslide Complex (and mostly in LMA Zone 2) and are indicating total
displacements of approximately 1 to 3 feet (or average velocities of about 0.22 to 0.67
feet/year across the -4.5-year period). Several of these points in LMA Zone 2 that were
also monitored in July, 2023 showed continued acceleration from May to July 2023, with
calculated velocities of -1.25 feet/year at AB67 to -3.9 feet/year at AB53. These are
extraordinary rates of landslide movement that, to our knowledge, have not been
previously documented in the LMA Zone 2 area." (Underlining added.)
WHEREAS, the Cotton Shires and Associates, Inc. report concludes, "Landslide
movements throughout the Ancient Portuguese Bend Landslide Complex outside of the
historical boundary of the Portuguese Bend Landslide previously exhibited relatively low
rates of creep movement in the 11-year monitoring period of 2007-2018 for which we
have readily available data. Beginning in late 2018, and through the present, the survey
data indicate a significant acceleration of landslide movement. The movement of the
Portuguese Bend Landslide also accelerated in this timeframe. The cumulative
displacements over this time have now manifested as headward enlargement of the
Portuguese Bend Landslide as well as new active landslide masses forming northwest of
the Portuguese Bend Landslide crown in Landslide Moratorium Area Zone 1, upslope
from LMA Zone 2." The draft report is attached as Exhibit "F".
WHEREAS, due to increased land movement, the Landslide Complex has seen
an increase in water main breaks. Starting in 2016, the following water main breaks
occurred and had to be fixed urgently by CalWater. The exact location varies, as the break
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may have occurred along different sections of the pipe, but broken down by trail name,
the breaks occurred on the following dates:
Gary's Gulch Trail: August 29, 2023.
Vanderlip Trail: October 2020; November 25, 2021; April 24, 2023; April 25,
2023; June 14, 2023; September 16, 2023 (see photos, Exhibit "G").
Burma Road Trail: July 2016; October 2021; March 2022; November 2022
two separate breaks); February 2023; March 2023; August 16, 2023 (see
photos, Exhibit "G"); August 18 and 21, 2023 (see photos, Exhibit "G");
September 5, 2023; September 28, 2023 (see photos, Exhibit "G").
Conqueror Trail: June 2018; May 20, 2023; August 16, 2023.
Barn Owl Trail: September 5, 2023.
WHEREAS, on September 29, 2023, the City closed the intersection of Dauntless
and Exultant for the, foreseeable future due to recent landslide-related subsidence.
Additionally, effective September 29, 2023, Cal Water will have 24/7 personnel on site in
the Seaview neighborhood of the KCL to respond immediately to any broken water main
lines. Lomita Station deputies have increased their patrol of the neighborhood particularly
in the area of the red-tagged homes.
WHEREAS, the City has established, via repeated geologic studies, that a
significant factor in the speed of land movement in the Districts is the amount of water in
the soil. ACLAD, for example, has installed a number of dewatering wells within its
boundaries to mitigate the land movement.
WHEREAS, the 2022-2023 rainy season brought exceptional amounts of rain to
the region. The 2022-2023 rainy season dumped over 200 percent of the average annual
rainfall in the region source:
http://www.ladpw.org/wrd/precip/alert_rain/season_raindata.cfm?id=2570300] with the
region experiencing about 26 inches of rain including 3.4 inches from Tropical Storm
Hilary on August 20-21, 2023.As a result of the increased amount of rain, all the Landslide
Complexes in all the Districts have been subject to an alarming increase in land
movement. Additionally, there is a strong likelihood that El Nino will bring another wet
winter in 2023-2024, [see https://ktla.com/weather/historically-strong-el-nino-possible-
what-it-means-for-winter/; https://patch.com/california/palosverdes/wet-el-nio-ahead-
brings-concerns-palos-verdes-landslide-complex?utm term=article-slot-
1&utm source=newsletter-
daily&utm medium=email&utm campaign=newsletter&user email=10970c30f10d3992
86140af9d05d399c34c897422c415a4087d6e 1 cfd 9df 1 c29;https //www.kget.com/weathe
r/weather-headlines/noaa-releases-2023-2024-winter-
predictions/?utm campaign=socialflow&utm medium=referral&utm source=facebook c
om&mibextid=Zxz2cZ ], which, if it brings the anticipated rainfall, will exacerbate the
landslide.I
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WHEREAS, in response to an increase in public inquiries and concerns regarding
the water main breaks, damage to homes, and accelerating land movement raised at the
September 19, 2013 City Council meeting, the City has created a dedicated homepage
on the City's website to the landslide, as well as an email address
land movementrpvca.gov). City Staff is forming a Working Group, to meet on a weekly
basis or as needed, that will have the following representatives:
City of Rancho Palos Verdes: Ara Mihranian, City Manager; Ramzi Awwad,
Director of Public Works.
Other stakeholders: Seaview HOA; Portuguese Bend Beach Club HOA;
Klondike Canyon Landslide Hazard Abatement District Board; Abalone
Cove Landslide Hazard Abatement District Board; Portuguese Bend HOA;
Cal Water; So Cal Gas; Southern California Edison; Los Angeles County
Public Works Sanitary Sewer Maintenance and Operations; Los Angeles
County Sanitation District.
The meetings' purposes were:
Prevent utility leaks from exacerbating landslide movement
Prevent utility damage from impacting the natural and built environment
Formulate and implement solutions to landslide movement
Coordinate among all stakeholders
Provide regular updates to the public
WHEREAS, the City has been receiving a growing number of comments
expressing concern regarding the accelerating land movements, from homeowners in the
Landslide Complex, and from other concerned citizens.
WHEREAS, Government Code Section 65858 expressly authorizes the City
Council to adopt an Interim Urgency Ordinance for the immediate preservation of the
public peace, health, or safety, if the ordinance is approved by four-fifths of the City
Council.
WHEREAS, in 2005, the City Council of the City of Rancho Palos Verdes adopted
Interim Urgency Ordinance No. 427U, which halted construction and the issuance of
permits on a portion of the Klondike Canyon Landslide, based on increased movement
following an unusually wet winter. The moratorium was extended by Interim Urgency
Ordinance Nos. 439U, and repealed by Ordinance No. 469U, and its non-urgency
version, Ordinance No. 526. The City Council adopted amendments to Chapter 15.20 at
that time.
WHEREAS, Section 65858(f) provides that "...upon termination of a prior interim
ordinance, the legislative body may adopt another interim ordinance pursuant to this
section provided that the new interim ordinance is adopted to protect the public safety,
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health, and welfare from an event, occurrence, or set of circumstances different from the
event, occurrence, or set of circumstances that led to the adoption of the prior interim
ordinance."
WHEREAS, the City Council finds that the increase in land movement activity in
the Landslide Complex is of great concern to the residents within the Districts, to the City,
and to the Palos Verdes Peninsula as a whole, and presents an imminent threat to the
public health and safety. The City Council further finds that the circumstances today are
different from the circumstances that prompted the 2005 moratorium. Here, the increased
precipitation has contributed to increased movement in all of the Landslide Complex.
Therefore, is broader in scope and encompasses all of the City's Landslide Complex.
WHEREAS, land movement has increased even more during the week of
September 25,2023, particularly in the Seaview neighborhood of the KCL; Cal Water has
agreed to have a representative present in the area at all times to address water main
breaks immediately. Additionally, it has come to the City's attention that a number of
residents have pools that are leaking water into the ground, likely due to cracking because
of earth movement. The City Manager has made a request of the Klondike Canyon,
Portuguese Bend, and Seaview communities to cease watering and to not refill swimming
pools that are losing water. See Exhibit "H".
WHEREAS, the City Council finds that pending mitigation and stabilization of the
land movement, as further articulated under Section 5, below:
1) The approval of the development of housing development projects, as defined
in Section 65905.5 of the Government Code would have a specific, adverse impact upon
the public health or safety. As used in this paragraph, a "specific, adverse impact" means
a significant, quantifiable, direct, and unavoidable impact, based on objective, identified
written public health or safety standards, policies, or conditions as they existed on the
date that the ordinance is adopted by the legislative body.
2) The interim ordinance is necessary to mitigate or avoid the specific, adverse
impact identified pursuant to paragraph (1).
3) There is no feasible alternative to satisfactorily mitigate or avoid the specific,
adverse impact identified pursuant to paragraph (1) as well or better, with a less
burdensome or restrictive effect, than the adoption of the proposed interim ordinance.
WHEREAS, Section 66300(b)(1) of the Government Code provides that "with
respect to land where housing is an allowable use, ... an affected city shall not enact a
development policy, standard, or condition that would have [the effect of...i]mposing a
moratorium or similar restriction or limitation on housing development, including mixed-
use development, within all or a portion of the jurisdiction of the affected ... city, other
than to specifically protect against an imminent threat to the health and safety of persons
residing in, or within the immediate vicinity of, the area subject to the moratorium...." The
statute further provides that the City may not enforce such a moratorium on housing until
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the ordinance has been submitted to, and the City has received approval from, the
Department of Housing and Community Development.
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, §15000 et. seq., the City's Local CEQA
Guidelines, and Government Code §65962.5(f) (Hazardous Waste and Substances
Statement), it has been determined that the adoption of the Urgency Ordinance to impose
a moratorium on the acceptance or processing of applications, issuance of permits, and
construction in the Districts is exempt from CEQA, pursuant to Section 15061(b)(3). This
Interim Urgency Ordinance is exempt because it proposes to impose a moratorium all
construction on properties within the Districts and it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the
environment; and
WHEREAS, this Interim Urgency Ordinance is proposed to address and mitigate
an imminent threat to public health and safety and therefore is exempt from CEQA
pursuant to Public Resources Code, Section 21080(b)(4) and CEQA Guidelines,
Section 15269; and
WHEREAS, this Interim Urgency Ordinance is proposed to protect the
environment by preventing the exacerbation to existing unstable geologic conditions
caused by activities related to new construction and therefore is categorically exempt from
CEQA pursuant to CEQA Guidelines, Section 15308 and none of the exceptions to this
exemption set forth in CEQA Guidelines, Section 15300.2 apply to this Interim Urgency
Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Interim Urgency
Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Moratorium
Subject to the exceptions articulated in Section 2 below, during the effective period
of this Ordinance, no application for permit will be accepted, no consideration of any
application for any permit will be made, and no permit will be issued by the City for any
construction on any property within the Landslide Complex until this Ordinance has
expired or has been repealed according to applicable law. This Moratorium also applies
to any pending applications, and any permits or entitlements that have issued and
construction not commenced.
Permit" means any City planning land use approvals, and any building, grading,
plumbing, electrical, or mechanical permit, whether the approval or issuance is
discretionary or ministerial.
SECTION 2. Exceptions
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The Moratorium shall not apply to the following:
A. Construction necessary for repair or maintenance of existing structures, roadways,
and any infrastructure such as water lines, sewer lines, electrical or traffic installations,
etc.
B. Construction necessary for the implementation, establishment, repair, or
maintenance of any landslide mitigation measures.
C. Construction necessary for the immediate preservation of the public health and
safety.
D. Construction that the City Manager deems necessary and consistent with the
purposes of this interim urgency ordinance. Any such exception shall require written
findings by the City Manager, and must be ratified by the City Council at the regular
meeting following the City Manager's determination.
SECTION 3. Urgency Findings; Specific Adverse Impact Findings
A. The City Council finds that there is a current and immediate threat to public
safety, health, and welfare posed by the increased land movement within the Landslide
Complex, and further finds that the land movement outside the delineated Landslide
Complex/LMA are of grave and immediate concern. Additionally, formerly stable portions
of the Landslide Complex are now moving at a faster clip, which has accelerated since
2018, but has increased dramatically since the last rainy season. Existing homes and
structures are being threatened by the land movement, and may be facing a greater threat
still if the coming winter brings the promised strong El Nino, with the concomitant amounts
of rainfall.
B. The City Council finds that construction of new structures and buildings in
the Landslide Complex constitutes a specific adverse impact that cannot satisfactorily be
mitigated at this time by the adoption of a less restrictive regulation than this interim
ordinance: the additional load provided by new buildings, including the required grading,
will further destabilize the Landslide Complex, thus increasing the land movement speed
and damage to existing structures. Additional construction will also require water and
sewer infrastructure, which may leak into the soil and further exacerbate the land
movement; in light of the increase in water main breaks, this is a very real and immediate
concern. It is imperative at this time that no additional load and water/sewer utilities be
placed on the Landslide Complex, while the City works to further study and stabilize the
area, and the boundaries of the Landslide Complex may have to be revised and likely
expanded. At this time a less restrictive regulation is not feasible as all of the City's
resources must be focused on implementing the City's Landslide Remediation Project
see below), and it cannot be known which additional project or water main break may
cause a catastrophic failure of any part of the Landslide Complex.
C. Additionally, the City Council finds that allowing construction in an actively
moving landslide will not further the statewide policy of increasing housing stock or
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meeting the City's RHNA, and instead will endanger the existing housing and the area's
residents.
D. The City Council therefore finds that in order to protect the health and
safety of the residents of the Landslide Complex, the City, and the Palos Verdes
Peninsula, it is necessary to adopt this Interim Urgency Ordinance.
SECTION 4. Authority and Effect
A. The State Planning and Zoning Law, Government Code Section 65000 et
seq., broadly empowers the City to plan for and regulate the use of land in order to provide
for orderly development, the public safety, health, and welfare, and a balancing of
property rights and the desires of the community and how its citizens envisions their city.
B. Government Code Section 65858 expressly authorizes the City, in order to
protect public safety, health, and welfare, to adopt an Urgency Ordinance prohibiting a
use that is in conflict with a contemplated general plan, specific plan, or zoning proposal
that the legislative body, planning commission, or the planning department is considering
or studying or intends to study within a reasonable time, provided that the urgency
measure shall require a four-fifths vote of the legislative body for adoption, and shall be
of no further force and effect 45 days from its date of adoption, unless duly extended for
an additional 10 months and 15 days.
SECTION 5. Review and Study
A. The City will contract with a firm to study and make recommendations for
the entirety of the Landslide Complex. As land movement appears to be occurring outside
of the understood boundaries of the current Landslide Complex, the study will include
recommendations regarding whether and to what extent the boundaries of each landslide
and of the Landslide Complex as a whole should be revised.
B. The City is in the process of implementing a Landslide Remediation Project
for the PBL. The Project's purpose is, just as its name suggests, a large-scale,
sophisticated project that would seek to stabilize the PBL, largely by the installation and
operation of a network of powerful hydraugers. (See City Council staff reports related to
the Landslide Remediation Project dated December 17, 2019, December 19, 2020,
August 15, 2023, September 19, 2023) The project will be in three phases:
Phase I - Repair of the Existing Fractures
Surface fractures (also known as fissures) in the Portuguese Bend area are the
result of land movement. These existing fractures are a few feet wide and some are as
deep as 150 feet. The fractures intercept stormwater runoff where this water discharges
into the ground. The proposed mitigation improvements include filling these fractures with
slurry material that is easily placed in them. The slurry consists of 95-97% fly ash and 3-
5% cement. Fly ash is a fine powder that is a byproduct of burning pulverized coal in
electric power-generating plants. It is inert and its use has been proven to be very safe in
these applications. This phase of the project is intended to eliminate storm runoff from
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easily becoming part of the groundwater and is an important component in efforts to
minimize landslide-related ground movement.
Phase II - Surface Drainage Improvements
The surface drainage improvements include the refurbishment of existing swales
and pipes, and construction of a reduction flow area, which essentially serves as a
detention basin near the bottom of the hill landward of Palos Verdes Drive South (PVDS).
In summary, over the years, the existing swales have eroded and the drainage pipes have
clogged, resulting in inadequate performance. In some areas, sections of the drainage
pipes have been disconnected, displaced or are missing. Further, as a direct result of
landslide movement and land displacement, a few low areas have formed. During rainfall
events, stormwater runoff is trapped in these areas. Since there is no outlet, the collected
stormwater runoff creates ponds and eventually, the water percolates into the ground and
exasperates the landslide.
The project will no longer result in stormwater ponding because runoff will be
conveyed through newly establish/refurbished pipes and swales to the ocean in a
controlled manner.
Phase III - Below-Grade Hydraugers
Hydraugers, to be constructed below grade, are designed to alleviate artesian
water pressure underground in the Portuguese Bend Landslide area. Their function is
similar to vertical dewatering wells, but they are installed horizontally, beneath the active
movement zone of the landslide. The City's consultant believes that vertical dewatering
wells are not sustainable in this area because of the land movement. The landslide is
active, with annual movement measured in feet, and consequently, vertical dewatering
wells shear quickly due to the land movement. Until this land movement is minimized,
vertical wells will continue to shear. The high rate of land movement in Portuguese Bend
has resulted in the rapid failure of vertical wells in the areas that will be targeted with
hydraugers. This third phase of construction therefore involves the installation of the
hydraugers which will follow the installation of surface drainage features.
The Project is anticipated to cost $33 million. The City has sought and obtained a
grant in the amount of $23.3 million from the Federal Emergency Management Agency.
The City is currently seeking the remainder of the funding from state and local sources,
and anticipates being able to raise sufficient funds within the next 12 months in order to
begin construction of the project.
The status of the project and anticipated timeline is as follows: Award professional
services contracts for final engineering: on September 19, 2023 the City Council
appropriated $925,289 for additional engineering services, making the total financial
commitment so far$2,295, 056. Staff anticipates 90% plan completion and certification of
the EIR in September of 2024, and complete final engineering and permitting by
September 2025.
SECTION 6. Consistency with the General Plan
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The City Council finds that this Ordinance is consistent with the following goals
and policies of the City's General Plan.
Circulation Element Policies — GP Page C-7
30. Discourage the installation or extension of any infrastructure component
into any area known to be hazardous unless appropriate liability safeguards (such as
geological hazard abatement districts) are in place and adequate mitigation measures
are incorporated into the design.
31. Allow new development only where adequate infrastructure systems can
reasonably be provided.
Conservation and Open Space Element Policies — GP Page COS-4
3. Require any development within the Resource Management Districts of
high slopes (RM 3) and dormant landslide area (RM 5) to perform at least one, and
preferably two, independent engineering studies concerning the geotechnical, soils, and
other stability factors (including seismic considerations) affecting this site following
established geological industry standards.
6. Prohibit activities that create excessive silt, pollutant runoff, increase
canyon-wall erosion, or potential for landslide within Resource Management Districts
containing hydrologic factors (RM 6).
10. Stringently regulate irrigation, natural drainage, and other water-related
considerations in new developments and existing uses affecting existing or potential slide
areas.
11. Consider development exceptions in areas otherwise precluding
development for health and safety reasons, only if the development can establish that it
can overcome the conditions otherwise precluding development, and is otherwise
compatible with the intent of the General Plan and the Specific Plan for the area.
Safety Element Goals — Page S-6
1. Provide for the protection of life and property from both natural and human-
made hazards within the community.
4. Protect life and property and reduce adverse economic, environmental, and
social impacts resulting from any geologic activity.
Social Services Element Policy— Page SS-3
9. Prioritize enforcement activities of residential structures with known health
hazards.
SECTION 7. Severability
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The City Council hereby declares, if any provision, section, subsection, paragraph,
sentence, phrase or word of this ordinance is rendered or declared invalid or
unconstitutional by any final action in a court of competent jurisdiction or by reason of any
preemptive legislation, then the City Council would have independently adopted the
remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of
this ordinance and as such they shall remain in full force and effect.
SECTION 8. Publication
The City Clerk shall certify as to the passage and adoption of this Interim Urgency
Ordinance and shall cause the same to be published in a manner prescribed by law.
SECTION 9. Effectiveness of Ordinance
This Ordinance shall take effect immediately upon adoption by a four-fifths vote of
the City Council, pursuant to the authority conferred upon the City Council by Government
Code § 36937. This Ordinance shall be of no further force and effect 45 days following
the date of its adoption unless extended in accordance with the provisions set forth in
Government Code § 65858. Not later than 10 days prior to the expiration of this urgency
ordinance, the City Council shall issue a written report as required by applicable state
law.
PASSED, APPROVED and ADOPTED this 3rd day of October, 2023, by a four-
fifths vote of the entire City Council.
Alfitif_A I
John C kshank, Mayor Pro Tem
ATTEST:
41e."4----
Teresa koka, 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 numbers of the City Council of said City is five; that the foregoing Ordinance
No. 674U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on October 3, 2023 by the following vote:
AYES: Alegria, Bradley, Seo and Mayor Pro Tem Cruikshank
NOES: None
ABSENT: Mayor Ferraro
ABSTAINED:None IllyetC4rell'?".".
le
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