ORD 692 ORDINANCE NO. 692
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, DETERMINING
THAT THIS ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIROMENTAL QUALITY ACT AND
REPEALING CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE AND REPLACING IT WITH CHAPTER
15.20 (GREATER PORTUGUESE BEND LANDSLIDE
COMPLEX REGULATIONS ON LAND USE PERMITS)AND
AMENDING §15.04.040 (BUILDING CODE AMENDED —
SPECIALIZED FOUNDATION REQUIREMENTS) OF TITLE
15 (BUILDINGS AND CONSTRUCTION) AND AMENDING
§16.40.030 (PARCEL REQUIREMENTS) OF CHAPTER
16.40 (URBAN LOT SPLITS) OF TITLE 16 (SUBDIVISIONS)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
PROPERLY REFERENCE CHAPTER 15.20
WHEREAS, The Greater Portuguese Bend Landslide Complex (Landslide
111 Complex), sometimes called the Ancient Altamira Landslide Complex, is a large ancient
landslide complex that includes but is not limited to four historically active landslide areas
in the City: the Portuguese Bend Landslide (PBL), the Abalone Cove Landslide (ACL),
the Klondike Canyon Landslide (KCL), and the Beach Club Landslide (BCL) that
collectively consist of approximately 1,076 acres as mapped by various agencies (i.e.,
U.S. Geological Survey and California Geological Survey) and other researchers.
WHEREAS, the Landslides have been active since the mid-1950s (PBL) to late
1970s (ACL and KCL) and have moved at different rates at different times. The ACL and
KCL have been managed, respectively, by the Abalone Cove Landslide Abatement
District (ACLAD) and the Klondike Canyon Landslide Abatement District (KCLAD)
(collectively, the Districts) since the early 1980s.
WHEREAS, on September 5, 1978, the City Council of the City of Rancho Palos
Verdes adopted a Landslide Moratorium Ordinance (currently found in Chapter 15.20 of
the Rancho Palos Verdes Municipal Code) prohibiting new development in the Landslide
Complex due to active land movement.
WHEREAS, the Landslide Moratorium Ordinance was updated over the years to
evaluate and grant exceptions on a case-by-case basis, with the amount of development
being limited to those exceptions.
WHEREAS, the City of Rancho Palos Verdes experienced an unprecedented and
unanticipated acceleration in land movement following the historic winter rains of 2022-
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23 and 2023-24, which caused significant damage to local homes, roads, utilities and
other vital infrastructure.
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, 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,
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, 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 KCL, 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, the City Council finds that the circumstances today are different from
the circumstances that prompted the 2005 moratorium: the land movement is
unprecedented in terms of speed and size, encompassing approximately 715 acres within
the mapped ancient Landslide Complex, and includes movement on a significantly deeper
slide plane that had not been identified in previous studies.
WHEREAS, on October 3, 2023, by a four-fifths vote, the City Council adopted
Interim Urgency Ordinance, No. 674U, which put into immediate effect a moratorium on
construction in the Landslide Complex, including the acceptance or processing of
applications for and issuance of permits, with some limited exceptions (the"Moratorium").
WHEREAS, on October 3, 2023, by a four-fifths vote, the City Council also adopted
Resolution No. 2023-47, declaring a state of local emergency in the Landslide Complex,
pursuant to its authority under Chapter 2.24 of the Rancho Palos Verdes Municipal Code,
and Section 8558 of the Government Code. The state of emergency is currently active
and has been extended by the City Council pursuant to subsequent resolutions and is
currently in place today. It is anticipated that the state of emergency will continue to be
extended until the land movement is sufficiently stabilized. What constitutes sufficiently
stabilized for the emergency to be lifted is a determination that will be made in consultation
with the City Geologist, in consideration of a number of factors.
WHEREAS, on November 6, 2023, California Department of Housing and
Community Development (HCD) approved the Moratorium for the entirety of the 24
months allowed by Government Code Section 65858, were the City to extend it for that
Ordinance No.692
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period of time. In a letter to Brandy Forbes, Director of the City's Community Development
111 Department, HCD acknowledged "the severity of the Portuguese Bend Landslide
Complex's condition and the potential harm to public health and safety, and the
environment, and anticipates that [the Moratorium] will need to be extended beyond the
45-day period, pursuant to Government Code Section 65858. HCD hereby approves the
adoption and enforcement 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 by the City of Rancho Palos Verdes." HCD's November 6, 2023 letter is attached as
Exhibit B.
WHEREAS, on November 14, 2023, by a four-fifths vote, the City Council adopted
Interim Urgency Ordinance No. 675U, extending the Moratorium for an additional 10
months and 15 days, which Ordinance was set to expire on October 2, 2024.
WHEREAS, on September 3, 2024, by a four-fifths vote, the City Council adopted
Interim Urgency Ordinance No. 686U, extending the Moratorium for an additional year for
the maximum two-year timeframe, which Ordinance is set to expire on October 2, 2025.
WHEREAS, as the landslide emergency is still active, with dozens of homes
having experienced severe damage. Based on voluntary inspections, as of today, 21
homes have been red-tagged, where they are not habitable, and 38have been yellow-
tagged, where portions of the home may not be habitable and may have experienced
damage to the structures. The City Council finds that the increase in land movement
activity in the Landslide Complex is of great concern to the Districts, the City, and to the
Palos Verdes Peninsula as a whole, and presents an imminent threat to the public health,
safety and welfare.
WHEREAS, since the adoption of Interim Urgency Ordinance No. 675U, the City
Geologist has conducted additional field mapping throughout the Landslide Complex to
document and update the,boundary of major active land movement; observed conditions
at various site-specific locations impacting residential neighborhoods, public
infrastructure, and where trails have been impacted; reviewed additional survey and
rainfall data; participated in weekly meetings of the geology team and the City's Landslide
Complex Working Group; and peer-reviewed and observed the entire subsurface
exploration and instrumentation phase of work in advance of the emergency deep
dewatering wells.
WHEREAS, by March 2024, the City Geologist had documented a significantly
expanded area of major land movement comprising approximately 700 acres, 320 acres
of which are outside the prior boundaries of the historically active landslides within the
Landslide Complex corresponding with the Rancho Palos Verdes Municipal Code and the
Urgency Ordinance.
WHEREAS, a year prior to the City's Council's declaration of a local emergency
111 and passing of Interim Urgency Ordinance 674U on October 3, 2023, average land
movement velocity based upon GPS survey data published by McGee Surveying
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Consulting through the October 2022 monitoring period was about 0.05 feet/month (about
0.6 inches/month); following the 193% of average rainy season for 2022-23, a dramatic
six-fold acceleration in land movement occurred, reaching an average of 0.3 feet/month
(about 3.6 inches/month) by October 10, 2023.
WHEREAS, at the July 2, 2024 City Council meeting, the City Geologist reported
that rainfall and the resulting runoff and infiltration into the Landslide Complex continued
to adversely affect the landslide area, causing further acceleration of land movement,
following a significantly wetter than average (193%) rainy season in 2022-23. The 2023-
24 rainfall total was 23.19 inches, approximately 170% of the season average over the
past 67 years of Rolling Hills Fire Station rain gauge. The June 25, 2024 City Geologist
report (Exhibit E to the Staff Report for the July 2, 2024 Council Meeting), concluded that
recent land movement rates (velocities) were approximately 7 to 11 inches per week in
the ACL, 9 to 12 inches per week in the PBL, and 2 to 7 inches per week in the KCL (with
highest velocities in the western KCL occurring between Klondike Canyon and the eastern
PBL boundary).
WHEREAS, according to the August 20, 2024 landslide update staff report, land
movement rates (velocities) remained approximately 7 to 11 inches per week in the ACL,
9 to 13 inches per week in the PBL, and 2 to 8 inches per week in the KCL. (See
Attachments A and B to the August 20, 2024 landslide update staff report, found here:
https://rpv.granicus com/MetaViewer php?view%o20id=5&clip%20id=4624&reta%201d=
121588_1
This was described by the City Geologist as a significant and unprecedented change in
movement behavior from historical movements of the PBL and ACL.
WHEREAS, the large acceleration of landslide movement continued to manifest at
the ground surface in the form of scarps, fissures, grabens/sinkholes, tensional cracking,
shear zones and thrust features, resulting in enlargement, expansion, widening, or growth
of these ground deformation features, depending on the type of feature and location.
Based upon July and August 2024 field mapping, the total area of the active Landslide
Complex had expanded by an additional five acres including the following areas:
• The eastern landslide boundary of the KCL had expanded approximately 50 feet
farther east on Admirable Drive and 150 feet farther east on Exultant Drive;
however, these boundaries appear to be generally consistent with historical mapping
of the KCL, with some expansion to the east, and the location of a pre-development
drainage course that is believed to define the easterly limit of prehistoric
landsliding.
• The westerly boundary of the active Landslide Complex in the Abalone Cove
Landslide area had expanded approximately 180 feet farther west at Narcissa
Drive and on the York property at 6001 Palos Verdes Drive South (PVDS). This
new expanded landslide movement was noted to be quickly deforming the
Narcissa Drive curve and is the same movement that displaced the administration
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building and caused major bulging of the parking lot at the Wayfarers Chapel
property and the Chapel building. The Wayfarers Chapel property was closed to
the public, and the Chapel itself was dismantled and relocated.
• The Portuguese Bend Beach Club area continued to experience major deformation
along Seawall Road and bulging/uplift on the order of 4 to 5 feet across the beach
on an east-west trend. This deformation and uplift was noted to continue offshore into
the PBL based on major emergence of land in the surf zone and nearshore zone at
the southeasterly toe of the PBL. In this area, the seafloor uplifted above mean sea
level approximately 200 to 300 feet south of the former foreshore slope of the
beach.
• Road conditions on Palos Verdes Drive South (PVDS) across the lower Landslide
Complex continued to be adversely impacted due to differential rates of land
movement currently ranging from about 2 to 7 inches/week across the KCL, 8-12
inches per week across the PBL, and 5-10 inches per week across the ACL based
on the nearest GPS monuments closest to PVDS. Portuguese Point was described
as being overridden by the landslide, resulting in failure of the historical rock wall
along the Olmsted Trail and loss of beach access to Abalone Cove via Olmsted
Trail.
WHEREAS, the City-owned Palos Verdes Nature Preserve (Preserve)trail conditions
within the Landslide Complex continued to worsen. Large parts of the Preserve are located
within the Landslide Complex. Specifically, the Portuguese Bend Reserve,Abalone Cove
Reserve, and parts of the Forrestal and Filiorum Reserves are located within the
Landslide Complex. Many of these areas experienced landslide-related damage including
fissures, rockslides, sink holes, unstable trails, and significant erosion. Out of concern for
public safety, and in consultation with the City Geologist, the City Manager closed large
areas of the Preserve consisting of approximately 12 miles of trails. Most of these closures
were focused in the Portuguese Bend Reserve and Abalone Cove Reserve, but some are
also in Filiorum and Forrestal Reserves.
WHEREAS, land movement has continued in the Preserve; most notably in areas
along Burma Road Trail, Toyon Trail, and lshibashi Trail in Portuguese Bend Reserve,
and Olmsted Trail in Abalone Cove Reserve. Portions of Burma Road are no longer
accessible by vehicle, are difficult to traverse on foot, and have seen significant elevation
changes in areas where fissures divide and break the road. Areas of Burma, near lower
Rim Trail, are nearly impassable without step stools/ladders, or similar tools to assist with
the elevation differences within the road/trail tread. These areas have continued to
separate, creating drops of 15 feet or more along the trail. Many locations are almost
unrecognizable, with little to no trail remaining. Olmsted Trail has ongoing land slippage
and reoccurring slides, causing damage to old retaining walls and burying infrastructure
installed in early 2024. Newer fissures on Vanderlip Trail and Gary's Gulch Trail have
continued to expand and develop. Many areas remain additionally damaged from the
heavy February/March 2024 storms including elevation changes, increased erosion, and
additional and expanded fissures.
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WHEREAS, due to the continued significant land movement and how it is
manifesting at the ground surface in the form of scarps, fissures, grabens/sinkholes,
tensional cracking, shear zones and thrust features, some residential structures and the
utilities serving properties in the Landslide Complex have suffered damage and loss of
function.
WHEREAS, roadways, water mains, sewer pipes, gas lines, and electrical power
poles have all been impacted by the land movement throughout the Landslide Complex.
The Southern California Gas Company (SoCalGas) shut off gas services to approximately
135 households on July 29, 2024 due to safety concerns. On July 30, 2024, Southern
California Edison (SCE) issued a statement that "On Oct. 3, 2023, the city of Rancho
Palos Verdes declared a local emergency due to accelerated land movement and
subsidence. Over the past 18 months, there has been considerable land movement, putting
the utilities serving the area and multiple properties at risk. Southern California Edison's
service to select properties may be discontinued if conditions warrant...." (SCE's full
statement can be. found here: https://energized.edison.com/rpv.)
WHEREAS, on August 6, 2024, the City Council adopted Resolution No. 2024-52,
declaring a state of local emergency in the Portuguese Bend Community Association on
the grounds of a sudden shortage of energy, based on SoCalGas indefinitely shutting off
gas service to approximately 135 homes in the PBL.
WHEREAS, from July 29 to September 6, 2024, SoCalGas shut off natural gas to
homes in the landslide area indefinitely:
• Portuguese Bend Community Association (PBCA) = 139
• Seaview = 34
• Portuguese Bend Beach Club (PBBC) = 24
• Total = 197
WHEREAS, from August 31 to September 9, 2024, SCE turned off power to a
significant portion of the landslide area, leaving the following homes without electricity
indefinitely:
• PBCA= 193
• Seaview = 30
• PBBC = 54
• Total = 277
WHEREAS, Cox communication also discontinued communication services to 146
homes in the PBCA, rendering them without internet or phone.
WHEREAS, although power and gas have been restored to some, it is not
universally restored. Including that it has not been available to the City's resources to
keep utilities and landslide mitigation efforts energized, such as City-operated Abalone
Cove Sewer System and the City's deep dewatering wells. As well, any increased
acceleration in land movement in the future that is to the level we experienced last year
would likely instigate the providers to revisit de-energization.
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111 WHEREAS, on August 20, 2024, the City Council received an update from Ramzi
Awwad, Director of Public Works, and the City Geologist, that the land movement is
occurring predominantly on a deeper slip plane that is up to 330 feet below the ground
surface (the Altamira slip plane), and may encompass more than the PBL, requiring a
rethinking of the mitigation approach on a holistic level. The City Geologist confirmed that
a significantly deeper landslide is moving in the PBL area and a portion of the KCL area,
nearly twice the depth of the PBL as it had been previously modeled. The ancient Altamira
landslide, which was identified in only a handful of historical borings (underneath the
active PBL), was never historically documented as actively moving.
WHEREAS, in a November 8, 2024 memorandum, the City Geologist summarized
and compared historical and current landslide conditions, including that the PBL has been
continuously active since reactivation in` 1956 with many areas of the landslide having
moved hundreds of feet seaward over the ensuing six decades. The ACL was active from
1979 until the late 1990's, involving only several feet of movement, when dewatering and
other mitigation efforts managed movement. Creep movement of the ACL has occurred
over the past 25 years following rainy seasons that were significantly above average
rainfall amounts. The KCL has been episodically active in 1979-1983 and 2005-2006,
experiencing only several inches of movement, typically in response to significantly above
average rainfall. Landslide movements throughout the Landslide Complex outside of the
historical boundaries of the ACL and PBL previously exhibited low rates of creep
movement, or movement at or near the instrument precision range, in the 11-year
monitoring period of 2007-2018 for which data are readily available data. By comparison,
since October 10, 2022, total horizontal land movement throughout the Landslide
Complex has ranged from approximately 27 to 39 feet in most areas, with the exception
being approximately 6 to 21 feet of horizontal land movement in the KCL area. Vertical
displacements have ranged from 1 - 10 feet in most areas over this same period. This
land movement has had a destructive and devastating effect on numerous residential and
commercial properties and structures, private and public roadways, and utility
infrastructure.
WHEREAS, the City's deep dewatering well program, along with dewatering
activities by ACLAD and KCLAD, have been effective at reducing groundwater pore
pressures and dramatically slowed the land movement in some areas. Land movement
ceased in the KCL by mid-October 2024, and decreased significantly in the PBL but has
reached an apparent steady-state of movement at about 2.76 inches/week. While land
movement has decelerated in 2025, the land is still moving up to 3.7 inches per week (16
inches/month) in some areas. This is still considerably more than the rate when the
emergency declaration was instituted in October 2023 where the movement was at an
average rate of 3.6 inches per month.
WHEREAS, the City has gained a more detailed geologic understanding of the
expanded active portion of the Landslide Complex (now approximately 715 acres), with
111 test boreholes drilled in 2024 revealing a much deeper plane of land movement than
Ordinance No.692
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initially understood. Based on current conditions, it is clear that land movement will be
substantially more difficult to mitigate long-term.
WHEREAS, development of a vacant parcel on the actively moving landslide
generally would have net negative impacts that have the potential to accelerate the
already-moving landslide, causing damage to other property, because of the introduction
of building loads, grading loads, disturbance due to grading, change in permeable area
resulting in concentration of runoff from impermeable surfaces, and potential increases to
groundwater from infiltration of landscape water and stormwater.
WHEREAS, measures to date have clearly slowed, but not stopped, the land
movement, and proposed landslide regulations are necessary as the active movement
area can still expand further into the mapped ancient landslide areas and future weather
is unpredictable, but is expected to see more extremes similar to what was experienced
in 2022-23 and 2023-24.
WHEREAS, in 2008 the Court of Appeals in Monks v. City of Rancho Palos Verdes,
167 Cal.App.4th 263 (2008) concluded the City's existing Portuguese Bend Landslide
regulations, codified in Rancho Palos Verdes Municipal Code, Title 15, Chapter 15.20,
constituted a taking of real property and was, therefore, unlawful. The Court of Appeals
ordered the City to allow development or compensate the property owners.
WHEREAS, on September 15, 2009, the City Council took the next action
necessary to comply with the Court of Appeal' s decision by adopting Ordinance 498 to
enact revisions to the Landslide Moratorium Ordinance to allow the development of the
Monks plaintiffs' sixteen (16) undeveloped lots.
WHEREAS, in compliance with the Monks decision, 12 homes have been
constructed within the Landslide Complex. Of such homes so constructed in compliance
with the Monks decision, four(4) have been either red-tagged or yellow-tagged as a result
the historic winter rains of 2022-23 which caused significant damage to such homes,
roads, utilities and other vital infrastructure resulting.A total of five (5)of the Monks plaintiff
property owners have applied for the City's FEMA Voluntary Property Buyout Program to
relocate from the risk of imminent failure of land movement but are considered ineligible
based on current criteria.
WHEREAS, by virtue of Article XI, Section 7 of the California Constitution, the City
has broad authority to "make and enforce within its limits all local, police, sanitary, and
other ordinances and regulations not in conflict with general laws" which empowers the
City Council to adopt regulations aimed at protecting public health, safety, and welfare,
including land use and construction regulations.
WHEREAS, the courts have recognized that demonstrable deteriorating landslide
conditions justify adopting of new land development regulations to address such changing
circumstances. (Martin v. California Coastal Corn., 66 Cal.App.5th 622, 646-47 (2021).)
Courts have further recognized that, under the rule of necessity, a city has the authority
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to impose regulatory requirements in the public interest. (Jacobson. v. Commonwealth of
Massachusetts, 197 U.S. 11, 27-28 (1905).)
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... imposing 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"
WHEREAS, absent the enhanced regulations set forth in this ordinance, the City
Council finds as follows:
1) The approval of new housing development projects, as defined by Government
Code, Section 65905.5, on vacant land within the boundaries of the Landslide
Complex 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 enhanced regulations in this ordinance are 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, 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 this Ordinance is exempt from
CEQA, pursuant to Section 15061(b)(3). This Ordinance is exempt because it proposes
to regulate and limit land use and construction activities within the Landslide Complex,
including 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.
WHEREAS, this Ordinance is proposed to provide enhanced regulations on land
use and regulations and construction activities within the Landslide Complex, including
Districts, to prevent a public health and safety emergency and therefore is exempt from
CEQA pursuant to Public Resources Code, Section 21080(b)(4) and CEQA Guidelines,
Section 15269.
WHEREAS, this Ordinance is proposed to allow the City to continue to protect the
environment by preventing the exacerbation to existing unstable geologic conditions
Ordinance No.692
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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 Ordinance.
WHEREAS, on July 1, 2025, the City Council issued a report outlining the
measures the City is taking to address the conditions that gave rise to the Moratorium, as
required by Section 65858(d) of the Government Code, in the form of a staff report that
provided City Council with a comprehensive update on the actions taken so far to alleviate
the conditions requiring adoption of an interim urgency ordinance. The staff report can be
found here:
https //rpv granicus comfM taViewer ph p?view id=5&clip id=4810&meta id=129297
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct and are incorporated herein by
reference.
Section 2. The City Council determines this Ordinance is exempt from the California
Environmental Quality Act pursuant to the statutory exemption set forth in Public
Resources Code, Section 21080(b)(4), and the exemptions set forth in CEQA Guidelines,
Sections 15061(b)(3), 15269 and 15308 and that none of the exceptions to the use of a
categorical exemption set forth in CEQA Guidelines, section 15300.2 apply to the
adoption of this Ordinance.
Section 3. Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and
Construction) of the Rancho Palos Verdes Municipal Code is repealed in its entirety to be
replaced with Chapter 15.20 (Greater Portuguese Bend Landslide Complex Regulations
on Land Use Permits).
Section 4. New Chapter 15.20 is added to the Rancho Palos Verdes Municipal Code to
read as follows:
CHAPTER 15.20. GREATER PORTUGUESE BEND LANDSLIDE COMPLEX
REGULATIONS ON LAND USE PERMITS
15.20.010. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Director means the director of community development.
Geologic investigation permit means a permit issued by the city to allow field
research for the preparation of geologic, geotechnical or soils reports. Field research shall
Ordinance No.692
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include investigative trenching, boring or grading which is performed mechanically or by
hand. Such trenching, boring or grading shall pertain only to the accumulation of
necessary data.
Maintenance means to keep in a particular safe condition.
Plumbing fixture means a plumbing fixture as defined by the uniform plumbing
code, unless expressly defined otherwise in this chapter.
Repair means to bring back to a safe condition after partial decay or destruction.
Replacement means to exchange a damaged portion for a new equivalent portion
without changing form or function. For a dwelling unit it means to construct a new portion
of a dwelling unit to substitute the existing dwelling unit prior to damage.
Restoration means to bring back to the condition and general location as it was on
December 1, 2022 before land movement accelerated due to the heavy precipitation
associated with atmospheric river storms of 2023 and 2024. Restoration does not include
replacing a damaged or lost portion of the residence for construction of a new equivalent
portion.
Served by a sanitary sewer system means that an operational sanitary sewer
system is located within the boundaries of the subject lot or parcel or is located within a
thoroughfare or right-of-way that is immediately adjacent to the lot or parcel and is no
more than 200 feet from the boundary of the lot or parcel.
15.20.020. New construction permits not issued.
Notwithstanding any other ordinance or code of the city, the city hereby prohibits the filing,
processing, approval or issuance of building, grading or other permits, environmental
assessments, environmental impact reports, conditional use permits, tentative maps or
parcel maps in the area of the city identified as the "Greater Portuguese Bend Landslide
Complex" as outlined on the Greater Portuguese Bend Landslide Complex Map (Exhibit
A) , as the same may be revised from time-to-time by City Council, on file in the office of
the director, unless expressly allowed by section 15.20.040 (Exceptions) of this chapter.
15.20.030. Revocation of unused permits.
Any building, grading permit or other permit for new construction in the Greater
Portuguese Bend Landslide Complex which has been previously granted by the city but
which has not been acted upon in substantial reliance by the holder thereof is revoked.
15.20.040. Exceptions.
The exercise of any of the following exceptions shall be subject to recording of a notice
that the property is subject to the restrictions and exceptions set forth in this Chapter. The
prohibitions set forth in Section 15.20.020 shall not apply to any of the following:
Ordinance No.692
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A. Maintenance of existing structures or facilities which do not increase the land
coverage of those facilities or add to the water usage of those facilities or result in
the permanent demolition of structures;
B. Replacement, repair or restoration (including any demolition necessary to
effectuate this exception) of a residential building or structure which has been
damaged or destroyed due to one of the following hazards, provided that a
Landslide Exception Permit is approved by the director, and provided that the
project complies with the criteria set forth in section 15.20.050 (Landslide
mitigation measures required) of this chapter and 17.84.060 (Non-conforming
buildings or other structures):
1. A geologic hazard. Such structure may be replaced, repaired or restored to
original condition, or demolished, provided, that such construction shall be
limited to the same square footage, number of stories and square footage
on each story, setbacks, and footprint and in the same general location on
the property and such construction will not aggravate any hazardous
geologic condition, if a hazardous geologic condition remains. Additional
regulations include the following:
(I) Existing swimming pools or spas are not allowed to be replaced,
repaired or restored.
(ii) Manufactured homes, as defined in Health and Safety Code § 18007
may be permitted for replacement of a residential building or
structure, so long as it meets the requirements of this subsection and
installation of such meets all requirements of the City's Building
Code.
Prior to the approval of a Landslide Exception Permit, the applicant shall
submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed project will not aggravate the existing
situation, including the required findings made in accordance with RPVMC
15.18.090 Section 107.A.3. The applicant shall comply with any
requirements imposed by the city's geotechnical staff and shall substantially
repair the geologic condition to the satisfaction of the city geotechnical staff
prior to the issuance of a final building permit. This exception is not subject
to RPVMC 15.18.100, 111 A.2 (Hazard Elimination).
2. A hazard other than a geologic hazard, including, but not limited to, fire,
flood, or earthquake. Such structure may be replaced, repaired or restored
to original condition, or demolished, provided that such construction shall
be limited to the same square footage, number of stories and square
footage on each story, setbacks, and footprint and in the same general
location on the property and such construction will not aggravate any
Ordinance No.692
Page 12 of 23
hazardous condition if a hazardous condition remains. Additional
regulations include the following:
(i) Existing swimming pools or spas are not be allowed to be replaced,
repaired or restored.
(ii) Manufactured homes, as defined in Health and Safety Code § 18007
may be permitted for replacement of a residential building or
structure, so long as it meets the requirements of this subsection and
installation of such meets all requirements of the City's Building
Code.
Prior to the approval of a Landslide Exception Permit, the applicant shall
submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed project will not aggravate the existing
situation.
C. Building permits for existing structures which were constructed prior to October 5,
1978, for which permits were not previously granted, in order to legalize such
structures. Such permits may only be granted if the structure is brought into
substantial compliance with the California Building Code;
D. The approval of an environmental assessment or environmental impact report for
a project as to which the city is the project applicant;
E. Projects that are to be performed or constructed by the city, Geologic Hazard
Abatement Districts, or other governmental or quasi-governmental agency to
mitigate the potential for landslide or to otherwise enhance public health, safety
and welfare;
F. Pursuant to section 17.76.040(B)(3) of this Code, remedial grading to enhance soil
stability and reduce geotechnical hazards due to natural land movement or the
presence of natural hazards, or to otherwise materially improve public safety;
G. Geologic Investigation Permits. Prior to the approval of such a permit, the`applicant
shall submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city geotechnical staff
that the proposed investigation will not aggravate the existing situation;
H. Construction or installation of temporary minor nonresidential structures which are
no more than 320 square feet in size, with no plumbing fixtures and which do not
increase water use, may be approved by the director. All permits shall include a
requirement that a use restriction covenant, in a form acceptable to the city which
prevents the structure from being used for any purpose other than a non-habitable
use, is recorded with the county registrar-recorder.A minor nonresidential structure
Ordinance No.692
Page 13 of 23
is defined as temporary if the building code does not require it to be erected upon
or attached to a fixed, permanent foundation and if, in fact, it will not be erected
upon or attached to such a foundation. Prior to approval of the application, the
applicant shall submit a Landslide Exception Permit to the director with geological
or geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation;
I. Submittal of a lot-line adjustment pursuant to chapter 16.08 or reversion to acreage
or merger of lots pursuant to chapter 16.32;
J. Submittal of applications for discretionary planning permits for uses which are
ancillary to the primary use of the lot or parcel, where there is no possibility of any
adverse impact upon soil stability. This is limited to special use permits for minor,
temporary uses and events; permits for the keeping of large domestic animals and
exotic animals; conditional use permits for the establishment of a use at or on an
existing structure where no structural modifications are required;
K. Fence, wall, and hedge permits that do not involve grading or the construction of
retaining walls, Prior to the approval of a Landslide Exception Permit, the applicant
shall submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city geotechnical staff
that the proposed project will have no potential for adverse impacts on landslide
conditions;
L. Permits issued pursuant to section 15.20.110 (Required connection to operational
sanitary sewer system) of this chapter to connect existing structures with functional
plumbing fixtures to an operational sewer system;
M. Non-remedial grading, pursuant to a minor grading permit per section 17.76.040,
up to a cumulative maximum total of 50 cubic yards of grading per legal lot, on lots
developed with a residential structure or other lawfully existing non-residential
structure, provided that the grading is balanced on site with no imported material
and provided that prior to the approval of a Landslide Exception Permit the
appropriate geological or geotechnical studies are submitted to demonstrate to the
satisfaction of the city's geotechnical staff that the proposed grading will not
aggravate the existing landslide situation.
N. The construction of a barn or other similar non-habitable structure used for the sole
purpose of housing animals on lots that are currently legally developed with a
residential structure. Said non-habitable structures shall not exceed a maximum
roofed area of 1,600 square feet, subject to the limitations set forth in section
15.20.040(M) exception for non-remedial grading. A use restriction covenant, in a
form acceptable to the city attorney, which prevents the structure from being used
for any purpose other than a non-habitable use for animal keeping, shall be
recorded with the county registrar-recorder against the title to said property. Said
Ordinance No.692
Page 14 of 23
non-habitable structures shall be constructed and maintained so that the
structures, and all interior spaces of said structures, are not fully enclosed and at
least one wall along one exterior facade is open to the air at all times. Prior to
approval of a Landslide Exception Permit, the applicant shall submit to the director
any geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed non-
habitable structure will not aggravate the existing situation;
O. Repair, replace or restore existing non-habitable storage structure used for the sole
purpose of storing agricultural farming equipment on lots that have obtained a
conditional use permit for the growing of crops and/or fruits on more than one acre
for commercial or noncommercial purposes. Said repair, replacement, or
restoration of non-habitable structure is subject to the limitations set forth in section
15.20.040(M) exception for non-remedial grading. A covenant which prevents the
structure from being used for any purpose other than a non-habitable use for
storing agricultural farming equipment, in a form approved by the city attorney and
enforceable by the city, shall be recorded with the county registrar-recorder against
the title to said property, prior to building permit issuance. Said structures shall be
constructed and maintained as non-habitable structures and shall be removed if
an approved conditional use permit ceases and a commercial or noncommercial
agricultural use no longer remains on said property. Prior to approval of a Landslide
Exception Permit, the applicant shall submit to the director any geological or
111 geotechnical studies required by the city to demonstrate to the satisfaction of the
city geotechnical staff that the proposed non-habitable structure will not aggravate
the existing situation; and
P. Permanent demolition.
15.20.050. Landslide protection measures required.
Within the Greater Portuguese Bend Landslide Complex as identified in section 15.20.020
(New construction permits not issued) of this chapter, the city shall require that
appropriate landslide abatement measures be implemented as conditions of issuance of
any permit issued pursuant to this chapter. With respect to proposed projects and uses
requiring a Landslide Exception Permit pursuant to sections 15.20.040 and 15.20.060
which must satisfy all of the criteria set forth in this section, the conditions imposed by the
city shall include, but not be limited to, the following:
A. If lot drainage deficiencies are identified by the director of public works, all such
deficiencies shall be corrected by the applicant.
B. Roof runoff from all buildings and structures on the site shall be contained and
directed to the streets or an approved drainage course.
C. If required by the city geotechnical staff, the applicant shall submit a soils report,
and/or a geotechnical report, for the review and approval of the city geotechnical
staff.
Ordinance No.692
Page 15 of 23
D. If the lot or parcel is not served by a sanitary sewer system, the applicant shall
submit for recordation a covenant agreeing to support and participate in existing
or future sewer and/or storm drain assessment districts and any other geological
and geotechnical hazard abatement measures required by the city. Such covenant
shall be submitted to the director prior to the issuance of a building permit.
E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall
submit for recordation a covenant agreeing to an irrevocable offer to dedicate to
the city a sewer and storm drain easement on the subject property, as well as any
other easement required by the city to mitigate landslide conditions. Such covenant
shall be submitted to the director prior to the issuance of a building permit.
F. A hold harmless agreement satisfactory to the city attorney promising to defend,
indemnify and hold the city harmless from any claims or damages resulting from
the requested project. Such agreement shall be submitted to the director prior to
the issuance of a building permit. A release of any and all claims against the City
resulting from the City's approval of the requested project, satisfactory to the city
attorney.
G. The applicant shall submit for recordation a covenant agreeing to construct the
project strictly in accordance with the approved plans; and agreeing to prohibit
further projects on the subject site without first filing an application with the director
pursuant to the terms of this chapter. Such covenant shall be submitted to the
director for recordation prior to the issuance of a building permit.
H. All landscaping irrigation systems shall be part of a water management system
approved by the director of public works and city geologist. Irrigation for
landscaping shall be permitted only as necessary to maintain the yard and garden.
Yards and gardens shall be developed with minimal watering requirements and
utilize efficient and water-conserving irrigation methods to prevent water entering
the ground that may exacerbate land movement.
I If the lot or parcel is served by a sanitary sewer system, the sewer lateral that
serves the applicant's property shall be inspected to verify that there are no cracks,
breaks or leaks and, if such deficiencies are present, the sewer lateral shall be
repaired or reconstructed to eliminate them, prior to the issuance of a building
permit for the project that is being approved pursuant to the issuance of the
Landslide Exception Permit.
J. All other necessary permits and approvals required pursuant to this code or any
other applicable statute, law or ordinance shall be obtained.
15.20.060. Application.
A. Applicants for an exception to this chapter under section 15.20.040 (B), (H), (K),
(M), (N), (0) and (P) shall file an application for a Landslide Exception Permit with
Ordinance No 692
Page 16 of 23
the director. The application shall be signed by the property owner, and shall
include the following:
1. A letter, signed by the property owner, setting forth the reason for request,
as well as a full description of the project;
2. Copies of a site plan, showing accurate lot dimensions; the location,
dimensions, and heights of all existing and proposed structures; the location
of the existing and proposed septic systems and/or holding tank systems;
and the location of the existing and/or proposed sanitary sewer system, if
the site is or will be served by a sanitary sewer system. The number of
copies required shall be determined by the director;
3. Information satisfactory to the city's geotechnical staff (including, but not
limited to, geological, geotechnical, soils or other reports) reasonably
required by the city to demonstrate that the proposed project will not
aggravate the existing situation;
4. A fee as established by resolution of the city council;
5. If grading is proposed, a grading and drainage plan showing the topography
of the lot and all areas of project cut and fill, including a breakdown of the
earthwork quantities, and proper disposition of site drainage in the proposed
grading area.
B. A Landslide Exception Permit application shall become null and void if, after
submitting the required application to the director, the application is
administratively withdrawn by the director because the application is allowed to
remain incomplete by the applicant for a period which exceeds 180 days, or if the
application is withdrawn by the applicant.
15.20.070. Appeals.
Any interested person may appeal any decision or any condition imposed by the director
to the city council by filing a written request, together with an appeal fee as established
by resolution of the city council, with the city within 15 days after the decision is made.
15.20.080. Expiration.
A Landslide Exception Permit shall become null and void after 180 days from the date of
issuance unless the planning applications necessary for the proposed project have been
submitted to the director. The director may grant extensions beyond these periods for
good cause.
15.20.090. Municipal code and environmental regulations.
Ordinance No.692
Page 17 of 23
The building code, as amendedj, and existing plan checking procedures are adequate and
appropriate to allow and regulate maintenance, repair, restoration, and replacement as
defined in this chapter. The administrative code, including sections 309 through 319 as
added by section 15.18.110 (Administrative code amended Conduct of construction and
landscaping activities), applies, and permits are required. Nothing contained in this
chapter shall except the proposed construction or use from any requirement or regulation
of the building code, zoning ordinance or other ordinance of this code or the California
Environmental Quality Act (Public Resources Code § 20000 et seq.).
15.20.100. Exclusions.
For a parcel of land to be excluded from the Greater Portuguese Bend Landslide Complex
Map, a landowner, or their designated agent, may apply for such exclusion to the city
council.
A. Application. To obtain an exclusion from this chapter, an applicant shall file an
application for exclusion with the director and signed by the property owner. An
application shall not be deemed complete until all required geology studies have
been completed and review has been completed by the city geotechnical staff. An
application shall include the following:
1. The reason for the request;
2. A legal description of the property and a map of the property;
3. All anticipated development applications;
4. Any existing geological or geotechnical reports or necessary geology
studies as determined by the city geotechnical staff;
5. A fee as established by the city council;
6. Any additional information as determined by the director or the city
geotechnical staff;
7. A completed environmental assessment.
B. Public hearing. Notice shall be published in a newspaper of general circulation in
the community not less than 15 days before the date set for the city council
hearings. The notice shall contain all data pertinent to the hearing. Written notice
shall also be mailed not less than 15 days before the date set for the city council
hearing to owners of property shown on the last equalized assessment roll as
owning real property within 500 feet of the boundaries of the subject property.
C. Findings. Upon approval of a landslide exclusion, the city council shall find as
follows:
Ordinance No 692
Page 18 of 23
1. The exclusion is consistent with the general plan and any applicable specific
plan of the city, including, but not limited to, the coastal specific plan of the
city;
2. The exclusion promotes the health, safety and welfare of the community;
3. The exclusion shall not aggravate any existing geologic conditions in the
area.
D. Conditions on issuance of approval. In granting any exclusion under this chapter,
the city council may impose such conditions as may be reasonably necessary to
preserve the intent of the goals and policies of the general plan and the provisions
of this Code, which conditions shall include, but are not limited to, recording a
covenant against the property documenting the nature and scope of any significant
remedial grading, which is defined as excavation, fill or any combination thereof,
which involves the redistribution of earth materials for the purpose of reestablishing
the stability and continuity of said area, and which involves:
(1) Excavation, fill or any combination thereof in excess of 1,000 cubic yards
within any two-year period; or
(2) Excavation ten feet or more below preconstruction grade or fill ten feet or
more above preconstruction grade.
15.20.110. Required connection to operational sanitary sewer system.
Any owner of a lot or parcel within the Greater Portuguese Bend Landslide Complex, as
outlined on the landslide boundary map, as the same may be revised from time-to-time,
on file in the office of the director, which is developed with a residential structure or any
other structure that contains one or more operational plumbing fixtures and is served by
a sanitary sewer system, as defined in this chapter, shall connect such structure to the
sanitary sewer system. The director of public works shall determine whether a lot or parcel
is served by a sanitary sewer system, whether a structure contains one or more
operational plumbing fixtures, or whether the connection to the sewer system is
performed properly, including, without limitation, removal, or the discontinuation of the
use, of any existing septic system.
Section 5. To address the expanded area of movement as well as the ancient landslide
areas, the Greater Portuguese Bend Landslide Complex Boundary Map as referenced in
the new code Chapter 15.20 (Greater Portuguese Bend Landslide Complex Regulations
on Land Use Permits) is adopted as Exhibit A.
Section 6. Section 15.04.040 (Building code amended — Specialized foundation
requirements) of Chapter 15.04 (Building Code) is amended as follows with the additions
presented as underline and the deletions presented as :
Ordinance No.692
Page 19 of 23
15.04.040. - Building code amended—Specialized foundation
requirements.
Notwithstanding the provisions of section 15.04.010 (Building code
adopted), section 1805.5 is added to read:
1805.5 Major alterations or repairs of existing buildings or structures
(excluding demolition and replacement). This section shall apply only to the
active landslide areas of the Portuguese Bend Landslide and the Abalone
Cove Landslide, as determined by the city geologist and depicted on the
attached map (see exhibit A) and shall not apply in other areas of the city
or other portions of the Greater Portuguese Bend
Landslide Complex as represented in section 15.20.020. A certificate of
occupancy or permit under this title may be issued provided:
1. The building official will require a structural engineering report and
design prepared by a structural engineer licensed by the state.
Material specifications shall be minimum concrete f(c)=4,000 psi,
reinforcing steel ASTM A-615 grade 40 or 60, and continuous
inspection by a special inspector is required.Alternate materials shall
be subject to approval of the building official. Prestressed concrete
is not permitted without special approval from the building official.
2. Every existing building or structure shall have a structural
framework designed to distribute the load of the building uniformly
over the entire footprint of the building. The structural framework is
designed by determining the total weight of the building and dividing
that weight by the area of the building.At the discretion of the building
official, the soil pressure may be considered as a load and the walls
and columns may be considered as reactions. At a minimum, one
end bearing wall shall be fixed to the ground by a foundation, at least
at one point. All other portions of the structural framework may be
supported by adjustable means approved by the building official. The
structural framework shall be designed to span between all supports.
3. The applicant signs and records with the county registrar-recorder
a statement in a form approved by the city attorney that he or she is
the owner of the real property and that he or she is aware that the
records of the building official indicate the property is subject to a
physical hazard of a geologic nature.
4. The applicant signs and records an hold harmless agreement in a
form approved by the city attorney releasing the city and all officers,
contract employees, consultants, employees, and agents thereof
from any liability for any damage or loss which may result from
issuance of such permit.
I
Ordinance No.692
Page 20 of 23
5. The applicant shall demonstrate that the proposed work on the site
or use of the site shall:
a. Not adversely affect property by accelerating a geologic
hazard; and
b. Have sufficient distance to any other structure to preclude
damage in the instance of failure, as determined by the
building official.
6. The applicant shall identify and correct any deficiencies in on-site
drainage and sanitary disposal. If the property is not served by
sanitary sewers, the applicant shall submit for recordation a
covenant, which is satisfactory to the city attorney, agreeing to
support and participate in existing or future sewer and/or storm drain
assessment districts and any other geological and geotechnical
hazard abatement measures required by the city. Such covenant
shall be submitted to the director prior to the issuance of a building
permit.
7. The building official shall require a geologic report and
geotechnical report. Any such geological reports shall be prepared
by a certified engineering geologist licensed by the state. Any such
geotechnical reports shall be prepared by a registered civil engineer
III or soils engineer who is qualified to perform this work. Every report
shall contain a finding regarding the effect of the structure or use
upon the geological stability of the site and properties outside of the
subject property. When both a geological and a geotechnical report
are required for the evaluation, the two reports shall be coordinated
before submission to the building official.
8. This section shall not be interpreted to supersede or waive any
other permit or approval required by this Code, including, without
limitation, the provisions of chapter 15.20 cMofator-ium-GR-Land-Use
Regnits)(Greater Portuguese Bend Landslide Complex Regulations
on Land Use Permits).
Section 7. Section 16.40.030 (Parcel requirements) of Chapter 16.40 (Urban Lot Splits)
is amended as follows with the additions presented as underline and the deletions
presented as
16.40.030. - Parcel requirements.
The parcel that is proposed for subdivision through an urban lot split:
A. Shall be located in an RS zoning district;
B. Shall satisfy all the requirements of Government Code §
65913.4(a)(6)(B)—(K);
Ordinance No.692
Page 21 of 23
C. Shall not be located within a historic district or on property included on
the State Historic Resources Inventory, as that term is defined in Public
Resources Code § 5020.1, or within a site that is designated or listed as
a city or county landmark or historic property or district pursuant to a city
or county ordinance;
D. Shall not be located in the Greater Portuguese
Bend Landslide Complex, as defined in section 15.20.020;
E. Shall not have been created through a previous urban lot split;
F. Shall not be adjacent to a parcel that was previously subdivided through
an urban lot split by the owner of the parcel on which the urban lot split is
proposed or any person acting in concert with the owner;
G. Shall only have residential uses located on it on the date the urban lot
split is approved; and
H. Shall have at least one residential dwelling unit with a valid certificate of
occupancy located on it on the date that the urban lot split is approved,
unless the parcel is owned by a "community land trust" as that term is
defined in Revenue and Taxation Code § 402.1(a)(11)(C)(ii) or a "qualified
nonprofit corporation" as that term is described in Revenue and Taxation
Code § 214.15. III
Section 8. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or circumstance, is for
any reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
Section 9. Certification and Posting. The City Clerk shall cause this Ordinance to be
posted in three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The City Clerk
shall further certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered in the Book
of Ordinances of the Council of this City.
Section 10. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st
day after its passage.
Ordinance No.692
Page 22 of 23
PASSED, APPROVED and ADOPTED th. • ;.- Y ALIOU _ _ _025.
M
David Bradley, Mayor
ATTEST:
-res: T. -oka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 692 passed first reading on August 5, 2025, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
August 19, 2025, and that the same was passed and adopted by the following roll call
vote:
AYES: Ferraro, Lewis, Perestam, and Mayor Bradley
NOES: None
ABSENT: Seo
ABSTAIN: None
_ _ a - -
--- ity Clerk
Ordinance No.692
Page 23 of 23
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Greater Portuguese Bend Landslide Complex Map
Source:
City of Rancho Palos Verdes
City of Rancho Palos Verdes
0 1,000 2,000
US FeetK
Greater Portuguese Bend
Landslide Complex Map
City Limit Boundary
S:\Infinity\Planning\Landslide\Boundary_Movement\Landslide_Boundary_Movement_8.5x11.aprx JS 7/31/2025
Ord. 692
Exhibit A
Page 1 of 1
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 6, 2023
Brandy Forbes, Director
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Dear Brandy Forbes:
RE: Approval of Urgency Ordinance – Moratorium on Construction within the
Greater Portuguese Bend Landslide Complex
The purpose of this letter is to provide a determination to the City of Rancho Palos
Verdes (City) regarding the request to approve the adoption of Interim Urgency
Ordinance No. 674U (Ordinance), prohibiting any construction within the geographic
boundaries of the Greater Portuguese Bend Landslide Complex (Landslide Complex).
The California Department of Housing and Community Development (HCD) is
statutorily required to provide determination regarding proposed moratoria (Gov. Code,
§66300, subd. (b)(1)(B)(ii)). HCD received a request for approval for the proposed
Ordinance, met with the City staff, and reviewed relevant materials (e.g., staff letter,
resolution declaring a local emergency, Interim Ordinance No. 674U, land movement
monitoring surveys, etc.). Upon review of the written materials and discussion with the
local jurisdiction, HCD has determined that the current conditions of the Landslide
Complex pose an imminent threat to the health and safety of persons residing in the
area subject to the Ordinance.
Background
Since the 1950s to 1970s, three large landslides have been active in the City, including
Portuguese Bend Landslide (PBL), Abalone Cove Landslide (ACL), and the Klondike
Canyon Landslide (KCL). The Greater Portuguese Bend Landslide Complex or
Landslide Complex encompasses these three active landslides. Beginning in May of
2023, land movement has increased in the PBL and KCL complexes. Based on a
surveying report of PBL in October 2022 and revised assessment in June 2023,
“movement velocities have accelerated over the average velocity for the previous four
years, which saw an acceleration over the previous 15-20 years”.1 The accelerating
1 McGee Surveying Consulting, Conditions Assessment Report, dated October 19, 2022
and revised June 6, 2023, Page 2.
Ord. 692
Exhibit B
Page 1 of 3
land movement has destroyed homes, impacted the Portuguese Bend Reserve,
increased water main breaks, and caused roadway and utility line distress.
The City established Landslide Moratorium Area in 1978, imposing development
restrictions in response to the Landslide Complex. Since then, the City has adopted a
series of Interim Urgency Ordinances (Nos. 108U, 139U, 427U, 459U, 526, etc.) to
temporarily halt permit processing and construction, and make amendments to enforce
appropriate landslide mitigations measures in designated areas (Rancho Palos Verdes
Municipal Code sections 15.20.040 and 15.20.050).
The proposed Ordinance No. 674U is to encompass the entire Portuguese Bend
Landslide Complex (including ACL and KCL). The Ordinance would address an
imminent threat to public health and safety and prevent the exacerbation of existing
unstable geologic conditions caused by activities related to new construction within the
Landslide Complex. During the effective period of this Ordinance, the City will not
accept or consider any permit applications, nor issue any permits for construction on
any property within the Landslide Complex. This Ordinance also applies to any pending
applications and to any permits or entitlements that have issued but upon which
construction has not commenced.
The City has confirmed that no sites included in its housing element site inventory are
within the Landslide Complex. As a result, no such sites are subject to the proposed
Ordinance. Pursuant to Government Code section 65858, the City seeks to adopt and
enforce the proposed Ordinance that will begin with a 45-day period, following its date
of adoption, and if necessary extended for up to 22 months and 15 days.
The City is in the process of implementing a large-scale remediation project to stabilize
the Landslide Complex. The project will proceed in three phases: (1) repairing existing
fractures, (2) improving surface drainage of stormwater, and (3) installing a network of
hydraugers. Staff anticipates that 90 percent of the planning and Environmental Impact
Report certification will be complete by September 2024, and final engineering and
permitting will be complete by September 2025.
Local Moratorium Regulations Under the Housing Crisis Act (HCA)
Pursuant to Government Code section 66300, subdivision (b)(1)(B)(ii), a city cannot
enforce a moratorium that would limit housing development until it has submitted the
ordinance to and received approval from HCD. Conditions for imposing a moratorium,
or similar restrictions on housing development, must demonstrate “an imminent threat
to the health and safety of persons residing in, or within the immediate vicinity of, the
area subject to the moratorium” (Gov. Code, § 66300, subd. (b)(1)(B)(i)).
Ord. 692
Exhibit B
Page 2 of 3
HCD acknowledges the severity of the Portuguese Bend Landslide Complex’s condition
and the potential harm to public health and safety, and the environment, and anticipates
that the Ordinance will need to be extended beyond the 45-day period, pursuant to
Government Code section 65858. HCD hereby approves the adoption and enforcement
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 by the City of
Rancho Palos Verdes.
Conclusion
In summary, HCD approves the adoption and enforcement of the Ordinance and hopes
for a speedy resolution of this matter.
If you have any questions regarding the content of this letter or would like additional
technical assistance, please contact Mehrsa Imani, of our staff, at
mehrsa.imani@hcd.ca.gov.
Sincerely,
Shannan West
Housing Accountability Unit Chief
Ord. 692
Exhibit B
Page 3 of 3
CITYOF 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 August 27, 2025, she caused to be posted the following
document entitled: ORDINANCE 692, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DETERMINING THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIROMENTAL QUALITY ACT AND REPEALING CHAPTER
15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15
(BUILDINGS AND CONSTRUCTION) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE AND REPLACING IT
WITH CHAPTER 15.20 (GREATER PORTUGUESE BEND
LANDSLIDE COMPLEX REGULATIONS ON LAND USE
PERMITS) AND AMENDING §15.04.040 (BUILDING CODE
AMENDED —SPECIALIZED FOUNDATION REQUIREMENTS)
OF TITLE 15 (BUILDINGS AND CONSTRUCTION) AND
AMENDING §16.40.030 (PARCEL REQUIREMENTS) OF
CHAPTER 16.40 (URBAN LOT SPLITS) OF TITLE 16
(SUBDIVISIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO PROPERLY REFERENCE CHAPTER
15.20, 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.
sty Clerk