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PC RES 2025-006 P.C. RESOLUTION 2025-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING TO THE CITY COUNCIL THAT AN ORDINANCE BE ADOPTED TO AMEND CERTAIN SECTIONS OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE REFERENCES TO THE GREATER PORTUGUESE BEND LANDSLIDE COMPLEX REGULATIONS ON LAND USE PERMITS AND ASSOCIATED REGULATIONS IN TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE ASSOCIATED WITH THE ADOPTED AMENDMENTS TO CHAPTER 15.20 APPROVED WITH THE ADOPTION OF ORDINANCE NO. 692 (CASE NO. PLCA2025-0001). 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 of Rancho Palos Verdes. 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; and WHEREAS, in the 1950s and again in the 1970s, these landslides were active, with recent years seeing a dramatic increase in land movement, particularly since 2018 and accelerating further after the 2022-2023 rainy season, threatening existing homes, infrastructure, and public safety, and WHEREAS, the City Council has previously established the Landslide Moratorium Area (LMA) and adopted a series of interim urgency ordinances to restrict development and construction within the Landslide Complex, as codified in Chapter 15 20 of the Rancho Palos Verdes Municipal Code, to protect public health, safety, and welfare; and 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, and 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, and 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 01203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 1 of 9 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, and 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 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, and 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; and 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, and WHEREAS, 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 38 have 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; and WHEREAS, the City Council finds that the unprecedented ongoing accelerated land movement has created an environment where construction of new structures and buildings in the Landslide Complex constitutes a specific adverse impact that cannot satisfactorily be mitigated at this time by less restrictive regulation, as additional load and utility infrastructure would further destabilize the area and increase the risk to health and safety of existing structures and residents, and WHEREAS, on August 5, 2025 the City Council introduced Ordinance No 692 to repeal Chapter 15 20 (Moratorium on Land Use Permits) of the Rancho Palos Verdes Municipal Code (RPVMC) and replace it with Chapter 15 20 (Greater Portuguese Bend Landslide Complex Regulations on Land Use Permits) to prohibit new construction in the Landslide Complex to 01 203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 2 of 9 permanently respond to the conditions that gave rise to the Interim Urgency Ordinance Moratorium in 2023 and to protect public health, safety, and welfare, and WHEREAS, on August 19 2025 the City Council adopted Ordinance No 692 to protect public health, safety, and welfare, and WHEREAS, because Ordinance No. 692 amended the title name and the referenced landslide map of Chapter 15 20 and there are references in other sections of the RPVMC to this Chapter that need revision, the revisions within Title 17 (Zoning) include updates to the definitions and aligning reference sections in the code for consistency with the new Chapter 15.20, on August 5, 2025 City Council directed staff to initiate code amendment proceedings to the Zoning Code to have the Planning Commission, in an advisory role, make recommendations to the City Council on proposed RPVMC amendments to update references associated with the adopted amendments to Chapter 15.20 of Ordinance No. 692, and WHEREAS, the proposed code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, and is further categorically exempt under Section 15308 as a regulatory action for the protection of the environment; and WHEREAS, on September 4, 2025 a notice was published in the Palos Verdes Peninsula News, providing notice of a public hearing before the Planning Commission pursuant to the requirements of the RPVMC; and WHEREAS, on September 23, 2025 the Planning Commission held a duly noticed public hearing to consider adopting a resolution forwarding recommendations to the City Council to consider revising Title 17 (Zoning) of the RPVMC to update references associated with the adopted amendments to Chapter 15 20 with the adoption of Ordinance No 692, considering the information provided by City staff, public testimony, and other evidence regarding the proposed code amendments. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS Section 1: The facts set forth in the recitals of this Resolution are true and correct and incorporated herein by reference as though set forth in full. Section 2: The Planning Commission has reviewed and considered recommending to the City Council that an ordinance be adopted to amend certain sections of Title 17 (Zoning) of the RPVMC to update references associated with the adopted amendments to Chapter 15 20 approved with the adoption of Ordinance No 692 Section 3: The proposed code amendment is necessary to correctly reference Chapter 15 20, intended to protect public health, safety, and welfare due to the ongoing and accelerating land movement in the Landslide Complex, and is consistent with the goals, policies, and objectives 01203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 3 of 9 of the General Plan, including the protection of life and property from geologic hazards, and the preservation of the community's character and environment Section 4: The Project is consistent with the following General Plan goals and policies • Circulation Element Policy 30: Discourage the installation or extension of any infrastructure component into any area known to be hazardous unless appropriate liability safeguards (such as geological hazard abatement districts) are in place and adequate mitigation measures are incorporated into the design. • Conservation and Open Space Element Goal 3. To protect the environment by reducing environmental hazards in the community • Conservation and Open Space Element Policy 3 Require any development within the Resource Management Districts of high slopes (RM 3) and dormant landslide area (RM 5) to perform at least one, and preferably two, independent engineering studies concerning the geotechnical, soils, and other stability factors (including seismic considerations) affecting this site following established geological industry standards. • Safety Element Goal 1 Provide for the protection of life and property from both natural and human-made hazards within the community. • Safety Element Goal 4. Protect life and property and reduce adverse economic, environmental, and social impacts resulting from any geologic activity. • Social Services Element Policy 19. Prioritize enforcement activities of residential structures with known health hazards Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted to revise Chapter 17.09 (Second Units and Two-Unit Developments in Single-Family Zones) of the RPVMC as follows, with the additions presented as underline and the deletions presented as CHAPTER 17.09. - SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY ZONES 17.09.030. - Requirements. Proposed second units and two-unit developments. A Shall be located in the RS zoning district, B. Shall be located on a parcel that meets all the requirements of Government Code § 65913 4(a)(6)(B)—(K), C Shall not require or allow the demolition or alteration of any of the following types of housing 1 Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, 01203 0005 2041 291 1 P.C. Resolution No. 2025-06 Page 4 of 9 2 Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power, or 3 Housing that has been occupied by a tenant in the last three years; D. Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; E Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Government Code tit. 1, div 7, ch. 12 75 (Government Code § 7060 et seq ) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; F Shall not be located within a historic district or on property included on the state historic resources inventory, as 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, and G Shall not be located in the Greater Portuguese Bend Landslide Complex, as defined in section 15 20.020, unless the proposed project falls within one of the exception categories in section 15.20 040. If applicable, a landslide mecatorium exception permit shall be obtained by the applicant prior to the approval of the application for a second unit or two-unit development. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted to revise Chapter 17.32 (Open Space Hazard (OH) District) of the RPVMC as follows, with the additions presented as underline and the deletions presented as . CHAPTER 17.32. - OPEN SPACE HAZARD (OH) DISTRICT 17.32.030. - Uses and development permitted. Land in open space hazard districts may be used for the following, provided that the applicable Natural Overlay Control District (OC-1) performance criteria established in chapter 17.40 (Overlay Control Districts) is satisfied A Outdoor passive recreation uses, such as parks, trails and other suitable facilities, B The preservation of areas of outstanding scenic, geologic, historic or cultural value, C The preservation of natural resources, including, but not limited to, plant and animal life, D The regulation of areas for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous conditions; 01203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 5 of 9 E The conservation of water supply land, including, but not limited to, watershed and groundwater recharge areas; F. Single-family residential structures existing on June 26, 1975 Such structures may be replaced, repaired, or restored or moved in accordance with the provisions of Code section 15 20 040(B), if such structures have been damaged or destroyed due to a geologic hazard or a hazard other than a geologic hazard The applicant shall comply with any conditions of approval, including, but not limited to, the abatement measures listed in section 15.20.050 (Landslide Mitigation Protection Measures Required) determined to be applicable by the city's geotechnical staff; G Remedial grading and grading, as per section 17.76.040 (Grading Permit); H. Temporary special uses and developments, if a special use permit is first obtained, pursuant to chapter 17.62 (Special Use Permits); I Commercial filming or photography, if a city film permit is first obtained, pursuant to Code chapter 9.16 (Still Photography, Motion Picture and Television Productions), J The growing of crops and/or fruits on one acre or less for noncommercial purposes; K. The use of a cargo container for storage on a developed lot, as per section 17 76 180 (Cargo Containers), and L. Other uses as provided in any applicable overlay or special districts Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted to revise Chapter 17 76 (Miscellaneous Permits and Standards) of the RPVMC as follows, with the additions presented as underline and the deletions presented as CHAPTER 17.76. - MISCELLANEOUS PERMITS AND STANDARDS 17.76.180. - Cargo containers. Cargo containers shall not be stored, maintained, or otherwise kept on any property within the city except as follows A Temporary construction storage One or more cargo containers may be used for temporary storage in conjunction with construction allowed through an active building permit, in accordance with the provisions set forth in section 17 56 020(E) of this Code The time period for which a cargo container may be used for temporary construction storage under this subsection is limited to the time when the building permit is active, as determined by the city's building official 01203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 6 of 9 B. Temporary emergency storage. In the event that a structure in any zoning district becomes uninhabitable due to an involuntary act, or due to a voluntary act against the structure, which is not the fault of the property owner or lessee, one or more cargo containers may be used for temporary storage of household materials until said structure is repaired or reconstructed, but for no more than 180 days unless additional time is approved by the director of planning, building, and code enforcement After 180 days, the location of the cargo container is subject to the review and approval of the director of planning, building, and code enforcement and the building official. C City-owned property and city uses For city-owned property and city uses (regardless of the underlying zoning district), one or more cargo containers for storage use may be permitted with approval of the city manager The number of cargo containers allowed and the time period for which a cargo container may be used under this subsection shall be established by the city manager D Residential zones. The use of cargo containers as integral structural elements of a residence utilizing a conventional foundation system may be permitted, provided that all applicable zoning and building code requirements are satisfied. E. Portuguese Bend landslide area. For parcels within the most continuously and actively moving portion of the " -- - -" - - - - - A - et - - - - - -- -• on June 1, 1999 Greater Portuguese Bend Landslide Complex as defined in section 15.20.020, and that have a primary street of access from one of the following streets Cherry Hill Lane, Kumquat Lane, Limetree Lane, Peppertree Drive, Pomegranate Road, Roseapple Road and Tangerine Road the use of one cargo container per developed parcel for storage may be permitted through a special use permit application after 15-day notice is provided to adjacent property owners, provided the cargo container is substantially screened from view from any other private property, public right-of-way, or street easement, subject to the review and approval of the director of planning, building, and code enforcement The applicant shall construct a silhouette of the proposed cargo container to demonstrate to the director that this provision will be satisfied. The cargo container shall also be modified as determined necessary by the director so as to mimic the appearance of a residential accessory structure, including, but not limited to, application of siding and false roof elements The enclosed area of the cargo container shall not count as additional structure size for the purposes of section 15.20 040 (H) of this Code. F Landslide area. One or more cargo containers may be used as a specialized foundation for a structure located in the areas identified as "Portuguese Bend landslide" and "Abalone Cove landslide" as determined by the city geologist and shall not apply in other areas of the city or other portions of the Greater Portuguese Bend Landslide Complex per section 15.20 020, as depicted on exhibit A of Ordinance No 349U as adopted on June 1, 1999, but only if such use has been approved by the building official, pursuant to section 15 04 060 of this Code 01203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 7 of 9 G. Development standards. The following development standards shall apply to all cargo containers 1 Unless incorporated into the design of a residence that meets all the applicable zoning and building code regulations pursuant to subsection E of this section a. Cargo containers shall not be used for human habitation b Cargo containers shall not have any factory-built or field applied plumbing, heating, or air conditioning systems c. Cargo containers shall not be stacked on top of each other or on any structure. 2. Except for temporary construction storage or temporary emergency storage, a scaled site plan drawn to show the location of all existing buildings, parking spaces, and the size and location of the proposed cargo container shall be submitted. Additionally, the site plan shall show all slopes on the lot, as well as all slopes adjacent to the subject site. 3. Except as otherwise permitted pursuant to subsection E of this section, cargo containers shall be set back a minimum five feet from any property line and a minimum ten feet from any structure 4. Cargo containers shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, and/or access driveways or any area designated or used for emergency access 5 Refuse and/or debris shall not be stored in, against, on, or under the cargo container 6 The cargo containers shall be constructed of metal, except for a wood floor within the metal shell Structural plans and calculations are not required. 7 The keeping of animals in cargo containers is not permitted at any time 8. Cargo containers shall not be placed on extreme slopes (i.e , 35 percent steepness or greater) 9 Each cargo container permitted pursuant to this section shall be painted an earth-tone color that is approved by the director of planning, building, and code enforcement No cargo container may contain any names, logos, or other markings painted on, or otherwise attached to, the exterior of the container 10 Any permitted cargo container shall not exceed a height of eight feet and six inches, a width of eight feet, and a length of 40 feet. 01203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 8 of 9 H Amortization. All cargo containers existing in the city as of the effective date of the ordinance codified in this section (September 21, 2007) shall conform to the requirements of this subsection 1. Cargo containers for which prior approval was granted by the city or another agency with jurisdiction over permit issuance shall be allowed to remain, subject to continued compliance with their original conditions of approval, if any. 2. Cargo containers that have been installed without prior approval of the city shall be allowed to remain for one year after which they shall be brought into conformance with the requirements of this chapter or removed within 90 days of the date written notice is mailed to the property owner. Penalty fees are waived for all applications submitted within this period. Section 8: The Planning Commission recommends the City Council determine that the proposed code amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, and is further categorically exempt under Section 15308 as a regulatory action for the protection of the environment FINALLY RESOLVED, that the Planning Commission forward a copy of this resolution to the City Council so the Council will be informed of the action of the Planning Commission. PASSED,APPROVED,AND ADOPTED this 23rd day of September, 2025 by the following vote: AYES: COMMISSIONERS GEORGE, O'CONNOR, SANTAROSA, VICE CHAIR BRACH AND CHAIR NULMAN NOES: COMMISSIONER CHRISTEN ABSTENTIONS. NONE RECUSALS NONE ABSENT COMMISSIONER CHURA Eric Nul a Chair Brandy Forbes, AICP Director of Community Development, and Secretary of the Planning Commission 01203 0005 2041291 1 P.C. Resolution No. 2025-06 Page 9 of 9