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ORD 687U ORDINANCE NO. 687U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING REGULATIONS AND PROCEDURES TO INSTALL TEMPORARY MEASURES TO PRESERVE EXISTING STRUCTURES, AND TO AUTHORIZE TEMPORARY HOUSING ON THE SAME SITE AS AN EXISTING RESIDENCE, WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX WHEREAS, the City of Rancho Palos Verdes is home to three active Landslide Complexes commonly known as the Portuguese Bend Landslide, the Abalone Cove Landslide, and the Klondike Canyon Landslide, also known as the Greater Portuguese Bend Landslide Complex (Landslide Complex). The landslides have been active since the 1950s; and, WHEREAS, the 2022-2023 rainy season brought exceptional amounts of rain to the region. These rainy seasons dumped about 190% of the average annual rainfall in the region, with the region experiencing 20.9" of rain. As a result of the increased amount of rain, all the Landslide Complex have been subject to an alarming increase in land movement; and, WHEREAS, the 2023-24 rainy season also brought exceptional amounts of rain to the region. The recorded rainfall was 23.01". This is 169% of the historical 67-year aver- age of 13.63" for this rain gauge; and, WHEREAS, beginning in 2018, but particularly since May of 2023, the land move- ment in the Landslide Complex has increased significantly due to the increase in rainfall in the last two rainy seasons, which caused the water table to rise dramatically and de- stabilize the landslides. The City has established, via repeated geologic studies, that a significant factor in the speed of land movement in the Geologic Hazard Abatement Dis- tricts is the amount of water in the soil; and, WHEREAS, Chapter 2.44 of the Rancho Palos Verdes Municipal Code (RPVMC) details the powers and responsibilities of the City during emergency circumstances, which is defined in Section 2.24.020 as "the actual or threatened existence of conditions of dis- aster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requir- ing the combined forces of other political subdivisions to combat;" and, WHEREAS, on October 3, 2023, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 2023-47, declaring a local state of emergency because of the alarming increase of land movement in the Landslide Complex. The state of emer- gency based on the land movement has been extended as required by law and is still active; and, WHEREAS, also on October 3, 2023, the City Council of the City of Rancho Palos Verdes adopted Interim Urgency Ordinance No. 674U by a 4/5 vote, to establish a 45- day moratorium on the acceptance or processing of applications, issuance of permits, and construction of all structures within the Landslide Complex (the "Moratorium"); and, WHEREAS, the City Council also requested Staff continue to provide updates on the measures being taken in the City's efforts to remediate the accelerated land movement. At subsequent meetings, the City Council received updates on conditions in the Landslide Complex as well as measures underway by various entities to reduce landslide movement; and extended the local emergency on multiple occasions, the latest extension pursuant to Resolution 2024-51; and, WHEREAS, on November 6 2023, the California Department of Housingand p Community Development issued a letter of approval (Attachment K of Interim Urgency Ordinance No. 674U) during the effective period of 45 days from its adoption and its planned extension for up to 22 months and 15 days, allowing this ordinance to be effective for a total of 24 months; and, WHEREAS, on November 14, 2023, City Council conducted a public hearing and adopted Interim Urgency Ordinance No. 675U, extending the Moratorium by the required four-fifths vote for an additional 10 months and 15 days, expiring October 2, 2024; and, WHEREAS, the land movement in the Portuguese Bend Club (PBC) currently ranges between about 11"-13" per week, the greatest rate of movement in the Landslide Complex.As a result, the utilities (sewer, electric, water, gas) have had to take innovative and extraordinary measures to provide service to the residents of the PBC. By way of example, water pipes have been and are being moved to above ground; electric lines are de-energized and poles are removed or moved, and slack is added to the lines to account for the land drift; sewer trunk lines are located above ground; flexible joints have been added to water and sewer pipes to provide more give as the land moves. The constant movement of the land presents a unique challenge for the utilities, and even more so for the residents of the PBC; and, WHEREAS, on July 29, 2024 at 9:00 a.m., with less than 72 hours' notice, the Southern California Gas Company turned off natural gas service to approximately 135 homes in the PBC, stating that providing service is no longer safe due to the land movement. Until the landslide is stabilized, it is unlikely that natural gas service can be restored. The following streets are impacted: Cherryhill Lane; Cinnamon Lane; Clovetree Place; Figtree Road; Fruit Tree Road; Ginger Root Lane; Kumquat Lane; Narcissa Drive; Palos Verdes Drive; Peppertree Drive; Plumtree Road; E. Pomegranate Road; W. Pomegranate Road; Roseapple Road; Sweetbay Road; Tangerine Road; Thyme Place; Vanderlip Drive; and, Ordinance No. 687U Page 2 of 5 WHEREAS, on July 30, 2024, Southern California Edison issued a notice to the PBC, Portuguese Bend Beach Club, and Seaview communities that stated, in relevant part: "The ground movement affecting your neighborhood has created unsafe and hazardous conditions, which have already impacted SCE's infrastructure, causing power poles to lean and power lines, to fail. The impact on SCE's equipment caused by these hazardous conditions increases the risk of system failure, fire ignition or other public safety hazards. SCE will continue to serve your community as long as it is safe to do so. We are working with the City of Rancho Palos Verdes and Los Angeles County officials to monitor area conditions as they evolve. We recognize the impact the potential of discontinued service has, and we appreciate your understanding. We will make every effort to provide timely communications regarding any impact to your service, however, the dynamic conditions in the area may not allow for advance notification. Because of this, customers in the area are encouraged to begin planning for the potential suspension of electric service." It is possible, therefore, that a deenergizing event will occur in the PBC in the foreseeable future: and, WHEREAS, as the land movement continues to accelerate in the Landslide Complex, it is possible that additional homes in the Landslide Complex may experience temporary or permanent natural gas or power shut-offs, and the shut-offs may occur with little to no notice; and, WHEREAS, on August 6, 2024 City Council adopted Resolution No. 2024-_52, a resolution of the City Council declaring the existence of a local emergency within the geographic boundaries of the Portugues Bend Community Association, a portion of the Landslide Complex, based on a sudden and severe energy shortage; and WHEREAS, the acceleration of the land movement is such that the structural components of some homes in the Portuguese Bend Landslide Complex, including roofing and foundations, are being negatively impacted; and WHEREAS, some homes in the Portuguese Bend Landslide Complex may be or become uninhabitable due to one or more conditions caused by the land movement including, but not limited to, foundation damage, inadequate egress, severe structural damage, utility failures or lack of critical utility services, unsafe electrical system, severe plumbing issues, collapsed or compromised roof, unsafe load-bearing elements, or gas leaks, requiring residents to find alternative housing. WHEREAS, on July 2, 2024 City Council directed Staff to explore options for interim housing solutions within the Portuguese Bend Landslide Complex. WHEREAS, pursuant to Government Code § 36937, subdivision (b), any ordinance for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, that is passed by a four-fifths vote of 111 the City Council, shall take effect immediately upon its adoption; and Ordinance No. 687U Page3of5 WHEREAS, the City Council seeks and intends to protect the health, safety, and welfare of the residents of the City of Rancho Palos Verdes by adopting the implementation actions to preserve existing residential structures within the landslide complex and consider potential options for temporary housing during the local emergency within the geographic boundaries of the Landslide Complex. NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby ordain as follows: Section 1. Recitals. The City Council hereby determines that the above recitals are true and correct and incorporates the same as the findings of the City Council. Section 2. Urgency Findings. Homes in the Landslide Complex are being stressed and damaged by the continued land movement. Based on the rate of land movement, property owners are unable to repair damage done to their properties through the standard process and with the standard timelines. Property owners need temporary solutions to stabilize and level their houses through this emergency and must be able to move forward with this work as soon as possible. Adopting the urgency ordinance allows these alternative foundation and housing solutions to be effective immediately, thereby addressing public peace, health, and safety. Section 3. California Environmental Quality Act (CEQA). The City Council findsII that this Urgency Ordinance is proposed to allow the City to continue to address and II 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. Section 4. In accordance with Interim Urgency Ordinance 675U Exception A. to the Moratorium, the following provisions are added to the Rancho Palos Verdes Municipal Code to include standards and procedures for temporary foundation solutions and other structural work to protect the integrity of the home, as included as Attachment A. Section 5. In accordance with Interim Urgency Ordinance 675U Exception C. to the Moratorium, the following provisions are added to the Rancho Palos Verdes Municipal Code to include standards and procedures for temporary housing structures to be installed on the same property as the home that has been deemed uninhabitable, as included as Attachment B. Section 6. Sunset Provision. This Ordinance will expire by operation of law on December 31, 2026, unless extended by the City Council by a 4/5 vote. Section 7. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to Ordinance No. 687U Page 4 of 5 be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. Section 8. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code section 36933 as required by law. Section 9. Effective Date. Pursuant to Government Code section 36937, this Urgency Ordinance shall take effect immediately upon approval of the same by a four fifths (4/5) affirmative vote of the City Council. PASSED, APPROVED and ADOPTED by a 4/5 vote of the entire City Council this 3rd day of September, 2024. ØAM John uikshank, Mayor Attest: ea/zcerhazi Teresa a aoka, 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 above Urgency Ordinance No. 687U, was duly adopted by the City Council of said City at a regular meeting thereof held on September 3, 2024. AYES: Alegria, Bradley, Ferraro, Seo and Mayor Cruikshank NOES: None ABSENT: None ABSTAIN: None eresa a aoka, City Clerk Ordinance No. 687U Page 5 of 5 Ordinance No. 687U Attachment A Page 1 of 2 ORDINANCE NO. 687U ATTACHMENT A Interim Temporary Foundational Support Systems Cargo containers, steel beam supports, and other temporary foundational support measures may be utilized within the Landslide Complex until December 31, 2026, unless extended by the City Council. All temporary measures must be approved by the City’s Building Official to ensure safety. Cargo containers as temporary foundational support system. One or more cargo containers may be used as a specialized foundation for a structure located in the areas identified as the Landslide Complex per the local emergency declaration as initially adopted on October 2, 2023 via Resolution No. 2023 -47 and extended on multiple occasions at subsequent meetings, but only if such use has been approved by the building official, pursuant to Section 15.04.060 of the Rancho Palos Verdes Municipal Code. The following regulations shall apply to all cargo containers utilized as a specialized foundation for a structure during the local emergency declaration , in addition to the regulations for all temporary foundational support systems : A. Cargo containers shall not be used for human habitation. B. Cargo containers shall not have any factory-built or field-applied plumbing, heating, or air conditioning systems. C. Cargo containers shall not be stacked on top of each other or on any structure. D. Refuse and/or debris shall not be stored in, against, on, or under the cargo container. E. The cargo containers shall be constructed of metal, except for a wood floor within the metal shell. Structural plans and calculations are not required. F. The keeping of animals in cargo containers is not permitted at any time. G. Each cargo container permitted pursuant to this section shall be painted an earth - tone color that is approved by the Director of Community Development. No cargo container may contain any signs, names, logos, or other markings painted on, or otherwise attached to, the exterior of the container, with the exception of street numbers and address for the property. H. Any permitted cargo container shall not exceed a height of eight feet and six inches, a width of eight feet, and a length of 40 feet. Alternative temporary foundational support system Steel beam supports and other temporary foundational support measures may be utilized. Regulations for all temporary foundational support systems The following regulations shall apply to all temporary foundational support systems for a structure, inclusive of cargo containers, during the local emergency declaration: 1. Except for temporary construction storage or temporary emergency storage, a Ordinance No. 687U Attachment A Page 2 of 2 scaled site plan drawn to show the location of all existing buildings, parking spaces, and the size and location of the proposed temporary foundational support system be submitted. Additionally, the site plan shall show all slope locations and steepness percentages on the lot, as well as all slopes adjacent to the subject site. 2. Temporary foundational support systems shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways or any area designated or used for emergency access. If these areas are blocked or obstructed, the structure will be deemed as uninhabitable until such time that the obstruction is removed. 3. Temporary foundational support systems shall not be placed on extreme slopes (i.e. 35 percent steepness or greater). 4. If the structure is to remain habitable with a temporary foundation support system, the structure must have adequate and safe ingress/egress, fire department access, and utility systems including water, sewer, power, heat, and hot water, as determined acceptable by the City’s Building Official. 5. No grading will be allowed beyond 20 cubic yards for the installation of a temporary foundation support system. 6. An application for a temporary foundation support system must be completed on the form approved by the Community Development Department, including providing the City with an executed indemnity and hold harmless agreement in a form approved by the City Attorney. 7. Any temporary foundation support system approved in accordance with this urgency ordinance is allowed temporarily and a permit for a permanent foundation system must be submitted for approval in compliance with the Rancho Palos Verdes Municipal Code no later than December 31, 2026. Ordinance No. 687U Attachment B Page 1 of 3 ORDINANCE NO. 687U ATTACHMENT B Interim Housing and Storage Cargo containers as temporary emergency storage Until the expiration of the ordinance , in the event that a structure in any zoning district becomes uninhabitable due to an involuntary act, which is not the fault of the property owner or lessee, one or more cargo containers may be used for temporary storage of household materials until said structure is repaired or reconstructed, and must be removed or replaced by a permanent permitted structure no later than December 31, 2026. The following development standards shall apply to all cargo containers utilized for temporary emergency storage hereunder: A. Cargo containers shall not be used for human habitation. B. Cargo containers shall not have any factory-built or field applied plumbing, heating, or air conditioning systems. C. Cargo containers shall not be stacked on top of each other or on any structure. D. Cargo containers utilized as temporary emergency storage shall be set back a minimum five feet from any property line and a minimum ten feet from any structure. E. Cargo containers shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways or any area designated or used for emergency access. F. Refuse and/or debris shall not be stored in, against, on, or under the cargo container. G. The cargo containers shall be constructed of metal, except for a wood floor within the metal shell. Structural plans and calculations are not required. H. The keeping of animals in cargo containers is not permitted at any time. I. Cargo containers shall not be placed on extreme slopes (i.e., 35 percent steepness or greater). J. Each cargo container permitted pursuant to this section shall be painted an earth - tone color that is approved by the director of planning, building, and code enforcement. No cargo container may contain any names, logos, or other markings painted on, or otherwise attached to, the exterior of the container. K. Any permitted cargo container shall not exceed a height of eight feet and six inches, a width of eight feet, and a length of 40 feet. Temporary Housing Structures Ordinance No. 687U Attachment B Page 2 of 3 Temporary housing structures are defined as mobile homes, trailers, recreational vehicles, or other structures which are self-contained units that include sanitary facilities and the means to properly dispose of waste , and facilities for normal daily routines including cooking and sleeping. Temporary housing structures DO NOT include any structure placed upon a permanent foundation, nor do they include tents, yurts, or similar fabric or textile installations. Temporary Housing Units may be permitted pursuant to a Temporary Housing Permit The following development standards shall apply to all temporary housing structures hereunder: 1. A scaled site plan drawn to show the location of all existing buildings, parking spaces, and the size and location of the proposed temporary housing structure shall be submitted. Additionally, the site plan shall show all slopes on the lot , as well as all slopes adjacent to the subject site, including the steepness of marked each slope. 2. No more than two (2) temporary housing structures, which together total no more than 1,200 square feet will be permitted per existing dwelling unit that is temporarily uninhabitable on a lot/parcel. 3. No grading will be allowed beyond 20 cubic yards for the installation of temporary housing structures. 4. Temporary housing structures shall not be placed on extreme slopes (i.e., 35 percent steepness or greater). 5. The temporary housing structure must not exceed 16 feet in height. 6. The temporary housing structure must have utility services as follows: a. Sewage disposal connection to the existing sewer system or a septic holding tank as approved by the Building and Safety Division. b. Electrical service and/or solar power supply as approved by the Building and Safety Division. c. Water service supplied by the California Water Service or other adequate water supply as approved by the Building Division. d. Solar, natural gas, or propane if serving as a power supply to the temporary housing structure, as approved by the Building and Safety Division. 7. If a temporary housing structures blocks, obstructs, or reduces in any manner any required exits, windows, vent shafts, and/or access driveways or any area designated or used for emergency access for the permanent structure, the permanent structure will be deemed as uninhabitable until such time that the obstruction is removed. 8. An application for a temporary housing structure must be completed on the form approved by the Community Development Department. 9. Additional conditions of approval shall provide that owners must: a. Provide the City with written authorization from the property owner/tenant allowing the City to terminate all utilities to the temporary structure upon expiration of the period for which the temporary housing structure is permitted to remain on the property. b. Obtain verification from the City that all temporary housing structures have Ordinance No. 687U Attachment B Page 3 of 3 been removed from the property within 90 days of December 31, 2026. An extension may be applied for within that 90 day period if the temporary housing structure will be used during an active building permit timeframe to restabilize the original structure. Failure to obtain this verification or an authorized extension shall result in a fine of $100 per day until the verification is obtained. c. Provide the City with an executed indemnity and hold harmless agreement in a form approved by the City Attorney. CITY OF L RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on September 4, 2024, she caused to be posted the following document entitled: ORDINANCE NO. 687U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING REGULATIONS AND PROCEDURES TO INSTALL TEMPORARY MEASURES TO PRESERVE EXISTING STRUCTURES, AND TO AUTHORIZE TEMPORARY HOUSING ON THE SAME SITE AS AN EXISTING RESIDENCE, WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Park 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. ✓��City Clerk