CC SR 20250805 02 - Landslide Regulations Ordinance
CITY COUNCIL MEETING DATE: 08/05/2025
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration to repeal and replace Chapter 15.20 of the Rancho Palos Verdes Municipal
Code on building regulations within the Greater Portuguese Bend Landslide Complex.
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.___, 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; and
(2) Initiate Code Amendment proceedings to the Zoning Code (Title 17 of the
Rancho Palos Verdes Municipal Code) thereby having the Planning
Commission, in an advisory role, make recommendations to the City Council
on proposed text amendments to §17.09.030 (Requirements) of Chapter 17.09
(Second Units and Two-Unit Developments in Single-Family Zones),
§17.32.030 (Uses and development permitted) of Chapter 17.32 (Open Space
Hazard (OH) District), and §17.76.780 (Cargo Containers) of Chapter 17.76
(Miscellaneous Permits and Standards) of Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code to update references associated with proposed
amendments to Chapter 15.20.
FISCAL IMPACT: There is no fiscal impact with the proposed code amendment.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Brandy Forbes, Director of Community Development
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Jessica Bobbett, Senior Planner
REVIEWED BY: Catherine Jun, Deputy City Manager CJ
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. ____ (page A-1)
Exhibit A – Greater Portuguese Bend Landslide Complex Map
Exhibit B – HCD's November 6, 2023 letter
B.Proposed track changes version Chapter 15.20
C.Ordinance 108U
D.Perry Ehlig’s Landslide Zone Map
E.Interim Urgency Ordinance No. 674U
F.Interim Urgency Ordinance No. 675U
G.Interim Urgency Ordinance No. 686U
H.Greater Portuguese Bend Landslide Complex Boundary Movement Map
I.CalOES Remote Sensing Report
J.CalOES Landslide Review
K.Public Correspondence
BACKGROUND:
The Greater Portuguese Bend Landslide Complex (Landslide 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 has
consisted of approximately 1,076 acres of which 380 acres has been actively moving land
over the years. The active land movement within the Landslide Complex n ow covers
approximately 715 acres and includes areas outside of the City’s historical active
boundaries of those known landslides, predominantly uphill from the PBL and ACL, within
the Landslide Complex as mapped by various agencies (i.e., U.S. Geological Survey and
California Geological Survey) and other researchers.
The Landslide Complex has been active since the mid-1950s (PBL) to late 1970s (ACL
and KCL) and has 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).
On September 5, 1978, the City Council adopted a (Attachment C) prohibiting new
development in the Portuguese Bend Landslide area due to active land movement. The
Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho Palos Verdes Municipal
Code (RPVMC)) 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.
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In 2002, the case of Monks v. City of Rancho Palos Verdes was filed for inverse
condemnation for 16 properties within the Landslide Moratorium Ordinance area. On
December 17, 2008, the California Supreme Court denied the City' s petition for review
in the case of Monks v. City of Rancho Palos Verdes, so the City Council had to take
actions necessary to comply with the Court of Appeal's decision and allow new
development on those 16 vacant properties, followed by other undeveloped lots in Zone
2 of the Landslide Complex (Attachment D).
Since the Monks decision, the City of Rancho Palos Verdes experienced an
unprecedented and unanticipated acceleration in land movement following the historic
winter rains of 2022-23, and continuing throughout 2023-24, which caused significant
damage to local homes, roads, utilities and other vital infrastructure.
There has been significant damage to private property throughout the landslide complex.
To date, 21 homes have been red tagged, meaning they are not habitable, and 38 homes
have been yellow tagged, meaning that portions of the home may not be habitable and
they may have experienced damage to the structures on the property. The Building
Official only visited those homes where the owners voluntarily requested an inspecti on,
so there may be other homes that are in a similar condition that have not been inspected,
where the threat to life, health, and property exists. Of the Monks properties that were
developed, 5 of those have now applied for FEMA’s Voluntary Property Buyout Program
due to the severe damage they have experienced. The doctrine of “changed
circumstances” demonstrates why the Monks decision should no longer govern
whether new construction must be permitted within the Landslide Complex given
current conditions caused by climate-change driven rainstorms and accelerated
land subsidence.
On October 3, 2023, the City Council adopted Interim Urgency Ordinance No. 674U
(Attachment E) pursuant to Government Code §§ 36937 and 65858 prohibiting new
construction within the Greater Portuguese Bend Landslide Complex, with the exception
of actions necessary to prevent or mitigate loss of, or damage to, life, health, property, or
essential public services. This moratorium was extended for an additional 10 months and
15 days on November 14, 2023 with the City Council adoption of Interim Urgency
Ordinance No. 675U (Attachment F), and again on September 3, 2024 by Interim Urgency
Ordinance 686U (Attachment G), for a total of two years. This moratorium has been
extended to the maximum two-year life and is set to expire on October 2, 2025.
This agenda item is for City Council to consider what actions to take to permanently
respond to the conditions that gave rise to the landslide moratorium in the first instance.
The proposed code amendments to Chapter 15.20 of the RPVMC are to address the
impacts of the substantial change in circumstances of the land movement , the
unpredictability of future weather conditions that may exacerbate movement, and the
threat to loss or damage to life, health, property, or essential public services. Such
amendments include, among other items, prohibiting new construction of single -family
residences or additions to existing single-family residences, as well as amending the
Landslide Complex Map to correspond to the boundary limits of recent land movement.
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DISCUSSION:
Historic Information
The Landslide Complex has been active since the mid-1950s and experienced expanded
movement in the 1970s. In response, the City adopted the Landslide Moratorium
Ordinance in 1978 (Attachment C). The historically active landslide areas in the Landslide
Complex have moved at different rates at different times.
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. 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 (emphasis added) from the event, occurrence,
or set of circumstances that led to the adoption of the prior interim ordinance.”
In 2005, the City Council of the City of Rancho Palos Verdes adopted Interim Urgency
Ordinance No. 427U, which halted construction and the issuance of permits on a portion
of the Klondike Canyon Landslide (Seaview and Portuguese Bend Beach Club
neighborhoods), based on increased movement following an unusually wet winter. The
moratorium was extended by Interim Urgency Ordinance No. 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.
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 Title 15, Chapter 15.20 of the RPVMC, 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. With limited resources, 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
(Chapter 15.20 of the RPVMC) to allow the development of the Monks plaintiffs' 16
undeveloped lots as an exception category.
In compliance with the Monks decision, 12 homes have been constructed on the 16
Monks plaintiffs’ lots within the Landslide Complex. Of such homes so constructed in
compliance with the Monks decision, four have been either red-tagged or yellow-tagged
as a result the historic winter rains of 2022-23 continuing throughout 2023-24, 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.
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As described in the “Changed Circumstances” section below, t he situation today is
different from the circumstances of the initial recorded movement, the conditions that
influenced the City Council to adopt the original Landslide Moratorium Ordinance in 1978,
and the state of the landslide at the time of the 2008 Monks decision. Moreover, the courts
have recognized the legal doctrine of changed circumstances, particularly in areas like
property law, land use, and environmental regulations. The doctrine acknowledges that
circumstances can evolve over time, potentially impacting the legal justification for
previously established rules or findings.
Change in Circumstance
The City experienced an unprecedented and unanticipated acceleration in land
movement following the historic winter rains of 2022-23 and 2023-24, which caused
significant damage to local homes, roads, utilities and other vital infrastructure.
A year prior to the City Council’s declaration of a local emergency and passing of Interim
Urgency Ordinance 674U on October 3, 2023 (Attachment E), average land movement
velocity based upon GPS survey data published by McGee Surveying 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.
Since the adoption of Interim Urgency Ordinance No. 674U (Attachment E) and through
the period of the subsequent extensions through Interim Urgency Ordinances 675U and
686U (Attachments F and G), 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 RPV 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.
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 RPVMC and the Urgency Ordinances.
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 at the Rolling
Hills Fire Station rain gauge. The June 25, 2024 City Geolog ist 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
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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).
As of 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%20id=5&clip%20id=4624&meta%20id=
121588 )
This was described by the City Geologist as a significant and unprecedented change in
movement behavior from historical movements of the PBL and ACL.
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 was manifesting approximately 50 feet
farther east on Admirable Drive and 150 feet farther east on Exultant Drive;
however, these boundaries appear to be for the most part (except for 8 properties
to be discussed later in this report) consistent with historical mapping of the KCL
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
building and caused major bulging of the parking lot and the chapel building at the
Wayfarers Chapel property. 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 were 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.
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• Road conditions on 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.
Additionally, the City-owned Palos Verdes Nature Preserve trail conditions within the
Landslide Complex have continued to worsen. Large parts of the Palos Verdes Nature
Preserve (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 Portuguese Bend
Reserve and Abalone Cove Reserve, but some are also in Filiorum and Forrestal
Reserves.
Land movement has continued in the Preserve, most notably in areas along Burma Road
Trail, Toyon Trail, and Ishibashi 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.
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, many residential structures, infrastructure, and the utilities
serving properties in the Landslide Complex have suffered damage and loss of function.
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
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the utilities serving the area and multiple properties at risk. SCE's service to select
properties may be discontinued if conditions warrant...." (SCE's full statement can be.
found here: https://energized.edison.com/rpv.) On August 6, 2024, the City Council
adopted Resolution No. 2024-52, declaring a state of local emergency in the Portuguese
Bend Community on the grounds of a sudden shortage of energy, based on SoCalGas
shutting off gas service to approximately 135 homes in the PBL.
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
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
Cox communication also discontinued communication services to 146 homes in the
PBCA, rendering them without internet or phone service.
Although power and gas have been restored to some, it has not been universally restored.
These critical services have not been available to energize City-owned utilities (namely
the Abalone Cove Sewer Collection System) as well as landslide mitigation efforts such
as the deep dewatering wells. These services are continuing to be powered by fuel
generators. Furthermore, any increased acceleration in land movement in the future that
is at or near the level the City experienced last year would likely instigate the energy
providers to revisit de-energization.
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 Slip Plane,
which was identified in only a handful of historical borings (underneath the active PBL),
was never historically documented as actively moving. This new information about the
deeper slip plane and its contribution to the unprecedented land movement highlights
how the general understanding of the Landslide Complex continues to evolve as changes
in circumstances arise, ranging from weather conditions to landslide evaluation tools.
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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 largely halted 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 Altamira 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 Klondike Canyon Landslide
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.
With the extreme acceleration of the land movement since the initial adoption of the
Interim Urgency Ordinance 674U (Attachment C), dozens of homes have experienced
severe damage. Based on voluntary inspections, 21 homes have been red -tagged, where
they are not habitable, and 38 have been yellow-tagged, where portions of the home may
not be habitable and may have experienced damage to the structures.
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.
The City has gained a more detailed geologic understanding of the expanded active
portion of the Landslide Complex (now approximately 715 acres), with test boreholes
drilled in 2024 revealing a much deeper plane of land movement than initially understood.
Based on current conditions, it is clear that land movement will be substantially more
difficult to mitigate long-term.
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
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landslide, causing damage to other properties, 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.
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 and may be
expected to see more extreme conditions similar to what was experienced in 2022-23
and 2023-24.
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. Although there are some areas where the landslide mitigation measures have
seen improvement and some monitoring points currently have no measurable horizontal
movement, there still may be vertical settling. As well, the City cannot predict what the
impacts will be of future rain events. The underlying geology is the same, so the
entirety of the Landslide Complex is still susceptible to future movement.
Proposed Regulations
The proposed ordinance is to repeal the existing landslide moratorium in Chapter 15.20
of the RPVMC and replace it with new building regulations. A track changes version of
the code changes is available as Attachment B to understand the differences. The clean
version of the proposed code is available and embedded in the Ordinance as Attachment
A.
Restrictions
The revised code language provides the following building regulations:
• New construction of residential structures will not be allowed.
• Any permit for new construction that had previously been granted but not acted
upon will be revoked.
• Residential home additions1 are prohibited, as are new attached or detached
garages and larger accessory structures.
• Repair, replacement, or restoration of swimming pools is not allowed.
Exceptions
Allowed exceptions to the prohibition are:
• 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.
• Replacement, repair, or restoration (including any demolition necessary to
effectuate this exception) of residential buildings or structures (as of October
1 Additions that have Building Permits issued and construction has commenced prior to the adoption of
the Urgency Ordinance 674U would not be subject to the landslide prohibition regulations.
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2022), within the same square footage, number of stories and square footage per
story, setbacks, and footprint in the same general location on the property so as
not to aggravate any hazardous geologic condition.
o Manufactured homes will be allowed for replacement so long as they meet
the standards just mentioned and installation meets Building Code
requirements. This is both for when damage is caused by a geologic hazard
or other hazard, such as a fire or earthquake.
o The “same general location” is the language that was already in the code
and it has been past practice of the City based on geotechnical review on
rebuilding structures that were severely damaged by land movement.
• Minor nonresidential structures, such as a storage shed of 320 square feet or less
with no foundation.
• Special uses, where it is not a change to the structure and is ancillary to the primary
use—such as permits for keeping large domestic animals and exotic animals.
• Fence, wall, and hedge permits that don’t involve grading or construction of
retaining walls.
• Barns and similar non-habitable structures for the sole purpose of housing animals,
where the facility is not fully enclosed, on lots that are currently legally developed
with a residential structure. The barn shall not exceed a maximum roofed area of
1,600 square feet. It must be demonstrated to the satisfaction of the City
Geotechnical consultant that the structure will not aggravate the existing situation.
• Non-remedial grading up to a cumulative maximum of 50 cubic yards.
• Permanent demolition.
Additionally, there are non-construction related activities that are allowed as exceptions,
including environmental studies, geologic investigations, remedial grading for soil stability
and to reduce geotechnical hazards, lot line adjustments and similar l ot mergers, and
bringing an existing structure built prior to October 5, 1978 up to code are all allowed
exceptions.
There is a process for landowners to apply for their parcel to be excluded from the
landslide regulation area, yet there are strict submittal criteria and findings to meet. Those
have remained the same as the existing moratorium language.
Revised Map
To address public safety, the boundaries of the Landslide Complex will be updated to
correspond with the expanded limits of recent land movement (the City’s previous
landslide map will be repealed and replaced with the proposed new map). The proposed
map will replace the previous map on file with the City identifying the current boundary
limits of the Landslide Complex. The map is included as Exhibit A to the attached
Ordinance (Attachment A) and is titled Greater Portuguese Bend Landslide Complex
Map.
The City Geologist has been mapping the boundary of the prehistoric landslide and the
major active land movement areas from 2023-2025 as shown in the Greater Portuguese
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Bend Landslide Complex Boundary Movement Map (Attachment H). It should be noted
that the dashed green line represents the outer boundary limits of current land movement
and is depicted at a width of approximately 11-feet. Somewhat similar maps have been
displayed regularly in the City Council staff reports every 60 days as we continued the
emergency declaration. It identifies eight additional properties—seven in the Seaview
neighborhood and one in the PBBC neighborhood—that will be added with the adoption
of this map.
In some cases, the Landslide Complex boundary line traverses parcels and does not
encompass the entire parcel. In those cases, similar to past City practice, it is only the
portion within the Landslide Complex boundary that would be subject to the proposed
landslide regulations in the attached Ordinance.
City Council Subcommittee
The City Council Subcommittee met on June 23 and June 25 to discuss draft code
revisions to address the change in circumstances and need for permanent regulations.
Following the Town Hall Community Meeting, the City Council Subcommittee met again
with staff on July 18 to review the input from the public and consider any final amendments
to the code revisions.
Courtesy Notice and Town Hall Community Meeting
A courtesy notice was issued on July 10th by publication in the Palos Verdes Peninsula
News and mailed written notice to all property owners within the proposed landslide area
where the proposed regulations would be applicable. This notice informed the residents
and public of the proposed code am endments, the Town Hall Community Meeting held
on July 16, 2025, and the scheduled City Council consideration of these code
amendments for the August 5, 2025 meeting.
There were approximately 90 members of the public in attendance and virtually at the
July 16 Town Hall.
Regular Business Matter
Code amendments that do not involve the Zoning Code (Chapter 17) can typically be
considered as a Regular Business agenda item and thereby not require a Public Hearing.
It is for this reason a courtesy notice, rather than a public hearing notice, was issued to
property owners for tonight’s agenda item. It should be noted that if the City Council
initiates code amendment proceedings to the Zoning Code (Recommendation No. 2) that
will be considered as a duly noticed Public Hearing.
Related Ordinance Revisions
Since City Council is considering revisions to the title name of this Chapter 15.20 and the
referenced map, if adopted, there are references in other sections of the RPVMC to this
Chapter that will need revision. For those within Title 15 (Building and Construction) and
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Title 16 (Subdivisions), those are included in the ordinance for consideration with this
agenda item.
The revisions within Title 17 (Zoning) include updates to the definitions and aligning
reference sections in the code for consistency with the new ordinance . The proposed
revisions will require a review by the Planning Commission at a public hearing. The
Planning Commission will serve in an advisory role and will forward the recommendations
to the City Council for further consideration. Staff anticipates presenting the proposed
code amendments to the Planning Commission within the next several months.
ADDITIONAL INFORMATION:
Voluntary Buyout Program Update
On July 1, 2025, City staff gave an update to the City Council on the status of the
Voluntary Property Buyout Program. One of the 23 applicants who had advanced to the
appraisals phase earlier this year has withdrawn their application. However, at this tim e,
the City anticipates there will only be enough funding to cover the purchase of the
remaining 22 properties (13 red-tagged and nine yellow-tagged). While there is no
definitive timeline for when the first properties can be purchased, the City anticipate s
being formally awarded the $42 million Hazard Mitigation Grant Program (HMGP) grant
from FEMA in several months. The City will receive the grant funds in installments as
reimbursements only after properties are purchased, likely in batches of three at a time,
which may take a few years to complete. The City has requested the funding be made
available on a rolling basis, rather than FEMA’s standard practice of a quarterly basis, so
the process can move along as quickly as possible. All remaining eligible applications will
be considered for any future rounds of program funding, or if any of the 22 applicants
choose to withdraw, maintaining their order of priority based on factors such as safety
concerns, structural condition, and utility statuses.
Demolition Abatement of Red-Tagged House Update
The City’s Community Development Department is abating red-tagged structures, as a
public nuisance, on property located at 4361 Exultant Drive, Rancho Palos Verdes, CA
90275 (Assessor’s Parcel Number 75664-004-026). The abatement involves the
demolition of unsafe structures, overgrown vegetation, and other materials or debris on
the property.
The demolition of the structures will be conducted in compliance with the Southern
California Air Quality Management District (AQMD) regulations including a Procedure 5
(P5) asbestos plan. The P5 asbestos plan includes detailed procedures to safely manage
disturbed asbestos-containing materials to ensure regulatory compliance and to protect
public health and the environment. This includes the use of water to mitigate dust, in
compliance with the PF asbestos plan.
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The demolition activities are anticipated to be conducted as early as the end of August
and completed as quickly as 2-3 working days, with the structure being removed in
sections with the use of equipment including, but not limited to, an excavator.
Once structures are demolished, general grading will be completed and fissures on the
property will be filled. There will not be public access to the site once the abatement is
completed, as the site will remain privately owned.
Area residents and the resident association have been briefed on the upcoming
abatement including measures to minimize impacts to the surrounding neighborhood.
Staff will continue communicating with the area residents and resident association leading
up to the scheduled abatement and during the abatement process.
CalOES Updates
On December 5, 2024, CalOES sent the City a draft report prepared by the California
Geological Survey (CGS) on the assessment of the City’s landslide movement using
remote sensing techniques. On December 13, 2024, CalOES sent the City draft reports
prepared by the CGS on best practices applicable to the Landslide Complex. The reports
were reviewed by the City Geologist and the Public Works Director. On January 7, 2025,
the Landslide Council Subcommittee, consisting of Mayor Bradley and Councilmember
Perestam, along with the City Manager and Public Works Director met with CalOES and
the State Geologist to discuss the reports. The Public Works Director provided technical
comments to CalOES and the State Geologist, who stated that they would make
clarifications to the reports based on the discussions and provide updated versions.
On February 24, 2025 CalOES sent a revised version after considering technical
comments from the Public Works Director (Attachment I). The report states that CGS
used January 2024 remote sensing (satellite and aircraft-based optical imagery and radar
data) to assess landslide movement. This was in the form of Interferometric Synthetic
Aperture Radar (InSAR) and optical image correlation/pixel tracking methods.
CGS noted that each method of land movement analysis has strengths and weaknesses;
therefore, the application of multiple methods assures a more reliable and correct
outcome. Accordingly, InSAR and pixel tracking methods were used, along with a
comparison of the pixel tracking method to the City’s GPS survey data.
InSAR works by determining the line-of-sight displacement through a measurement of the
change in a radar signal between two passes of a satellite over the same area. The
advantage of using InSAR is that it can estimate small ground displacements, on the order
of tenths of an inch, whereas the disadvantage is that movement is averaged over a large
area of approximately 0.4 acres. InSAR data can represent changes other than land
movement, therefore, CGS recommends further investigation, such as in-person geologic
field observations, to understand the source of change. In summary, InSAR provides a
regional view of overall land movement whereas movement values at specific locations
on the ground would need to be verified with observation and measured by qualified
professionals.
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Pixel tracking works by using a pair of precisely co-registered images collected at different
times to quantify movement. Theoretically, pixel tracking should be able to detect changes
of as little as approximately two to four inches. The advantage of using pixel tracking is
opportunities for frequent data collection, whereas the disadvantage is that it does not
capture vertical displacement and does not detect movement of less than two to four
inches. Like InSAR, pixel tracking provides a regional view of overall land movement
whereas movement values at specific locations on the ground would need to be verified
with observation and measured by qualified professionals.
CGS compared the landslide displacement data obtained from the pixel tracking method
to the data obtained from the City’s GPS surveys. CGS found that pixel tracking data had
strong correlation with the GPS surveys.
The CGS data showed some slide movement between 2017 to 2022 and significantly
more slide movement in 2023 and 2024. The renewed movement started in November
2022, reduced and picked up again during January through March 2023, and continued
at a reduced extent each month through the remainder of 2023. Significant precipitation
in Winter 2023 and 2024 likely resulted in the increased amount of movement seen in
monthly displacement averages through 2024. The CGS data is generally consistent with
the City’s GPS surveying other than the partial GPS monitoring conducted in May 2023
and July 2023, and the full monitoring conducted in October 2023, which showed
continuing acceleration through October 2023 and beyond, with the exception of only a
couple of points in the July 2024 partial surveys.
Additionally, CGS reviewed the emergency work conducted by the City from August 2024
through October 2024 and planned in preparation for Winter 2024/2025 (Attachment J).
Following is a summary of the key comments CGS made on typical approaches to
landslide movement within the context of the Landslide Complex:
• Avoid development in areas of landslide movement (through zoning, bypassing, or
relocation) is the preferred solution.
• Beyond avoidance, changing mass balance is the ideal approach. This requires
earthwork to eliminate driving forces or provide buttressing forces. Due to the size
(mega-slide) and geometry of the Landslide Complex, this is not a practical
approach for this case.
• The next avenue for remedying landslide movement is controlling hydrostatic
forces by reducing water infiltration from rainfall or other sources such as septic
systems, pools, landscaping, or utilities; and reducing subsurface water levels by
pumping from vertical or horizontal wells. Reducing hydrostatic pressure is most
effective when done as a combination of reducing infiltration and dewatering.
• Controlling hydrostatic forces is complicated because these methods need active
and on-going maintenance and system adjustments in perpetuity, as hydraulic
conditions change with time, and subsurface hydrostatic control methods, such as
well points or hydraugers, may become less effective with time.
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• Groundwater pumping attempts in the Landslide Complex appear to have been
relatively successful in the past with periods of generally slower rates of
movement; however, these periods were sometimes then followed by periods of
increased rates of movement.
• The City’s emergency efforts appear consistent with common practice for rapidly
increased movement of a mega-slide. Past success of groundwater pumping may
support the use of this technique for future remediation efforts.
• Controlling surface water infiltration is important, and when combined with
pumping groundwater, rates of movement may be reduced.
CGS’s observations from October 2024 show reduced landslide movement rates. CGS
recommends that the City continue monitoring and evaluating the success of the
groundwater pumping efforts because landslide movement rates can slow for many
reasons, groundwater pumping may become less effective with time, and future changes
in hydrology (such as those caused by precipitation from winter storms) will affect the
Landslide Complex and pumping program.
Public Correspondence
The City received 12 public comments (Attachment K) from the public in response to the
courtesy notice that was issued for the proposed code amendment. In the event that Staff
receive public comments after the transmittal of this report, all of those correspondences
will be forwarded to City Council as late correspondence.
Environmental Assessment
Pursuant to the provisions of the California Environmental Quality Act, Public Resources
Code Sections 21000 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 proposed code amendment is exempt from CEQA because (a)
this proposed code amendment is not a project within the meaning of CEQA Guidelines
§ 15378 because it has no potential for resulting in a physical change to the environment,
either directly or indirectly; (b) the code amendment is code amendment is an action taken
to prevent an emergency, pursuant to Public Resources Code, Section 21080(b)(4); (c)
this proposed code amendment is exempt pursuant to CEQA Guidelines §15061(b)(3)
since the proposed ordinance involves a code amendment and does not have the
potential to significantly impact the environment; and (d) this code amendment
constitutes an action to protect the environment, pursuant to CEQA Guidelines, section
15308. Furthermore, installations, if any, permitted under this code amendment would
further be exempt from CEQA review in accordance with either State CEQA Guidelines
Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303
(new construction or conversion of small structures), and/or State CEQA Guidelines
Section 15304 (minor alterations to land).
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In addition, none of the exceptions to the application of a categorical exemption set forth
in CEQA Guidelines, section 15300.2 apply to this code amendment as the code
amendment is an administrative procedure related to uses, facilities, and regulations
identified in the RPVMC and General Plan, and given that the proposed Ordinance is not
related to a specific project, the Ordinance (i) by virtue of the location of affected
improvements, will not impact a sensitive environmental resource of hazardous or critical
concern; (ii) will not have a cumulative impact on the environment through successive
projects of the same type, in the same place, over time; (iii) does not present any unusual
circumstances that will have a significant effect on the environment; (iv) does not impact
a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely
impact a historical resource.
Next Steps
If the City Council accepts Staff’s recommendation, the proposed code amendments will
be presented to the City Council on August 19, 2025 for a second reading and adoption
(Consent Calendar). The ordinance would be in effect 30 days after adoption. The intent
is to have permanent regulations in place prior to the expiration of the current moratorium
on October 2, 2025.
If the City Council refers the related code amendments to the Planning Commission, a
public hearing of the Planning Commission will be scheduled and noticed for
consideration of those code amendments.
CONCLUSION:
Based upon discussion above, Staff recommends that the City Council introduce an
ordinance repealing Chapter 15.20 (Moratorium on Land Use Permits) of Title 15
(Building 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). Also, Staff recommends that the City Council refer to the Planning
Commission for review an ordinance amending §17.09.030 (Requirements) of Chapter
17.09 (Second Units and Two-Unit Developments in Single-Family Zones), §17.32.030
(Uses and development permitted) of Chapter 17.32 (Open Space Hazard (OH) District),
and §17.76.780 (Cargo Containers) of Chapter 17.76 (Miscellaneous Permits and
Standards) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to update
references to amended Chapter 15.20.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternatives are available for the
City Council’s consideration:
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1. Direct Staff to modify the Ordinance language and return to the Council at the next
scheduled meeting for a new 1st reading and introduction.
2. Do not introduce the proposed code amendment and otherwise direct Staff.
3. Take no action.
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Ordinance No. ___
Page 1 of 23
ORDINANCE NO.
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
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
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period of time. In a letter to Brandy Forbes, Director of the City's Community Development
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
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 movemen t,
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 G eologist
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 we ek 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%20id=5&clip%20id=4624&meta%20id=
121588 )
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 Ishibashi 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 dama ged 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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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 histor ical 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
test boreholes drilled in 2024 revealing a much deeper plane of land movement than
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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 empow ers 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 Com., 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 b y 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
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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 th e 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.com/MetaViewer.php?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
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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, tentati ve 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:
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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, 111A.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
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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
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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 mate rial
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
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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
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 section s 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.
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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), (O) and (P) shall file an application for a Landslide Exception Permit with
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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 a nd/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 dec ision 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.
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The building code, as amended, 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 31 9 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 landslide moratorium area, 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 moratorium exclusion, the city council shall
find as follows:
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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 strikethrough:
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Ordinance No. ___
Page 20 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 landslide moratorium area 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 build ing 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.
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Ordinance No. ___
Page 21 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 iss uance 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
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 (Moratorium on Land Use
Permits)(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 strikethrough:
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);
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Ordinance No. ___
Page 22 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 landslide moratorium area 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.
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 Counci l
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.
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Ordinance No. ___
Page 23 of 23
PASSED, APPROVED and ADOPTED this 19th day of August, 2025.
David Bradley, Mayor
ATTEST:
Teresa Takaoka, 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. 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:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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Title Header
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Greater Portuguese Bend Landslide Complex Map
Source:
City of Rancho Palos Verdes
City of Rancho Palos Verdes
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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
EXHIBIT A
A-24
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.
EXHIBIT B
A-25
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)).
EXHIBIT B
A-26
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
EXHIBIT B
A-27