ORD 407 ORDINANCE NO. 407
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON
LAND USE PERMITS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE, AND RESCINDING URGENCY ORDINANCE NO.
406U.
WHEREAS, on September 17, 2002, the City Council directed Staff to formulate
revisions to the Municipal Code in order to clarify the City's landslide moratorium
exception regulations as they apply to additions to existing structures and to accessory
structures and uses; and,
WHEREAS, on November 5, 2002, the City Council adopted Ordinance
No. 382U, thereby re-establishing a maximum cumulative area of six hundred square
feet per parcel for additions to existing structures and for construction of permanent
detached accessory structures; and,
WHEREAS, between November 5, 2002 and February 18, 2004, the City
received only one application for a landslide moratorium exception permit involving new
permanent detached accessory structures, and no such applications involving both
additions to existing structures and construction of new permanent detached accessory
structures were submitted during this period; and,
WHEREAS, on February 19, 2004, the City received an application for a
landslide moratorium exception involving both additions to existing structures and
construction of new detached accessory structures that, considered individually, did not
exceed six hundred square feet each, but when combined, exceeded a cumulative total
of six hundred square feet for the project; and,
WHEREAS, this application called into question Staff's interpretation of the City
Council's intent in adopting Ordinance 382U and, therefore, Staff has proposed
revisions to Chapter 15.20 of the Rancho Palos Verdes Municipal Code to clarify what it
believes to be the City Council's intent; and,
WHEREAS, 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, Section 15000 et seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the City determined that only minor technical changes or
additions are necessary to the Negative Declaration for Code Amendment
No. 45/Environmental Assessment No. 714, which made miscellaneous amendments to
Chapter 15.20 of the Rancho Palos Verdes Municipal Code, on June 6, 2000. The
ordinance amendment proposed herein clarifies existing controls on granting certain
exceptions to the Landslide Moratorium consistent with Code Amendment No. 45, with
the goal of limiting the size and correlative impact of certain additional development on
previously developed properties undertaken in the Landslide Moratorium Area.
Therefore, under CEQA Guidelines §15164 and the City's Local CEQA Guidelines §Vl.
B., preparation of an addendum to the Negative Declaration adopted for Code
Amendment No. 45 is deemed proper.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Sections 15.20.040 H. and L. of Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the amendments to Sections 15.20.040
H. and L. of Chapter 15.20 of Title 15 of the Municipal Code are consistent with the
Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and
do not hinder, the goals and policies of those plans, in particular to balance the rights of
owners of developed properties within the Landslide Moratorium Area to make limited,
reasonable improvements while limiting the potential impacts resulting from these
improvements upon landslide movement, soil stability and public safety within and
adjacent to the Landslide Moratorium Area.
Section 3: The City Council further finds that the amendments to Sections
15.20.040 H. and L. of Chapter 15.20 of Title 15 of the Municipal Code clarify and are
consistent with the City Council's intent in adopting Ordinance 382U on November 5,
2002, in that the cumulative maximum square footage of additions to existing structures
and construction of permanent detached accessory structures, when combined
together, would not exceed six hundred square feet per parcel.
Section 4: The City Council further finds that there is no substantial evidence
that the amendments to Sections 15.20.040 H. and L. of Chapter 15.20 of Title 15 of the
Municipal Code would result in significant environmental effects, or a substantial
increase in the severity of such effects, because the minor clarifications to the Municipal
Code will provide for limited, reasonable improvement of existing, developed properties
without weakening the current landslide moratorium or increasing the potential for
environmental impacts of future development in the City. The City Council considered
the Negative Declaration adopted for Code Amendment No. 45/Environmental
Assessment No. 714, and Addendum No. 2, which is attached hereto as Exhibit `A',
prior to making its decision regarding the code amendments contemplated herein.
Section 5: The City Council further finds that the amendments to Sections
15.20.040 H. and L. of Chapter 15.20 of Title 15 of the Municipal Code are necessary to
protect the public health, safety, and general welfare in the area.
Section 6: Based on the foregoing, Sections 15.20.040 (Exceptions) H. and L.
of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code are amended
to read as follows:
15.20.040 H. Minor projects on a lot that currently is developed with a residential
structure or other lawfully existing non-residential structure and involves
an addition to an existing structure, enclosed patio, conversion of an
Ordinance No. 407
Page 2 of 4
existing garage to habitable space, or construction of a permanent
attached or detached accessory structure, and does not exceed a
cumulative project(s) total, of six hundred square feet per parcel; provided
that a landslide moratorium exception permit is approved by the director,
and provided that the project complies with the criteria set forth in Section
15.20.050 of this chapter and does not include any additional plumbing
fixtures, unless the lot is served by a sanitary sewer system. The six
hundred square foot limitation on cumulative projects that can be
approved on a lot pursuant to this Paragraph H does not include the
construction of a new garage, which can be approved pursuant to
Paragraph L of this Section. Minor projects involving the construction of
an enclosed permanent detached accessory structure shall include a
requirement that a use restriction covenant in a form acceptable to the
city, which prevents the enclosed permanent detached accessory
structure from being used as a separate dwelling unit is recorded with the
Los Angeles County register-recorder. Such covenant shall be submitted
to the director prior to the issuance of a building permit. Prior to the
approval of a landslide moratorium exception permit for such minor
projects, 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.
15.20.040 L. Construction of one attached or detached garage per parcel, which does
not exceed an area of six hundred square feet, without windows or any
plumbing fixtures, on a lot that currently is developed with a residential
structure or other lawfully existing non-residential structure; provided that
a landslide moratorium exception permit is approved by the director, and
provided that the project complies with the criteria set forth in Section
15.20.050 of this chapter. If the lot is served by a sanitary sewer system,
the permit may allow the installation of windows and plumbing fixtures in
the garage. The approval of a landslide moratorium exception permit for
such a project shall be conditioned to require that a use restriction
covenant in a form acceptable to the city, which prevents the garage from
being used for any purpose other than parking of vehicles and storage of
personal property, is recorded with the Los Angeles County registrar-
recorder. Such covenant shall be submitted to the director prior to the
issuance of a building permit. Prior to the approval of a landslide
moratorium exception permit for such garage, 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.
Section 7: After the effective date of this Ordinance, it shall apply to all
landslide moratorium exception permits and any subsequent development applications
Ordinance No. 407
Page 3 of 4
that had not been deemed complete by the City as of the effective date of this
Ordinance.
Section 8: Urgency Ordinance No. 406U as adopted by the Rancho Palos
Verdes City Council on April 20, 2004, is hereby rescinded as of the effective date of
this Ordinance.
Section 9: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF JUNE 2004.
elkt2
_ f Mayor
Attest:
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, 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; the
foregoing Ordinance No. 407 passed first reading on May 18, 2004, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
June 1, 2004, and that the same was passed and adopted by the following roll call vote:
AYES: Clark, Long, Stern, Wolowicz, and Mayor Gardiner
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance No. 407
Page 4 of 4
EXHIBIT `A' - ORDINANCE NO. 407
ADDENDUM NO. 2 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 714
JUNE 1, 2004
On June 6, 2000, the City Council adopted Resolution No. 2000-35, thereby adopting a
Negative Declaration for Environmental Assessment No. 714 and Code Amendment
No. 45, amending Chapter 15.20 (Moratorium on Land Use Permits) of the City's
Municipal Code. The amendments were intended to allow for limited, reasonable use of
developed properties within the Landslide Moratorium Area by expanding the variety of
development projects that could be excepted from the moratorium without jeopardizing
the public health, safety and general welfare. The amendments also included a
requirement for the connection of existing developed properties to new sanitary sewer
systems, with the intent of reducing the infiltration of wastewater into the active and
inactive landslides, and improving gross soil stability within the entire Landslide
Moratorium Area. Prior to its adoption, the Negative Declaration was circulated for
public comment from April 19, 2002 through May 18, 2002 and no substantive
comments were received from any persons or responsible agencies. In adopting the
Negative Declaration, the City Council found: 1) that there would be no significant
adverse environmental impacts resulting from the adoption of the amendments; and 2)
that, although the adoption of the code amendment would serve only to effectuate
changes to the language of the existing Municipal Code, the City Council recognized
that separate environmental review would be performed for any projects to which
Chapter 15.20 applied, prior to receiving any approvals from the City.
The City Council is currently considering the adoption of an Ordinance that would
further amend Chapter 15.20 by clarifying that the maximum cumulative project(s) total
square footage for additions to existing structures and construction of permanent
detached accessory structures is six hundred square feet per parcel for both types of
project(s) combined, rather than for each type of project(s) individually. The proposed
amendment would maintain the current Code provisions to allow the construction of a
new garage up to six hundred square feet in area on a developed parcel. The effect of
these revisions would be to limit the expansion of developed properties within the
Landslide Moratorium Area except for those properties located within the Landslide
Moratorium Area "outlined in blue" (i.e., subject to the exception under Section
15.20.040 (K) of the Municipal Code) to one thousand two hundred square feet per
parcel, consisting of:
• Six hundred square feet (600 SF) of additions to main structures, patio
enclosures, conversion of existing garages to habitable space, and construction
of and additions to permanent attached and detached accessory structures; and,
• Six hundred square feet (600 SF)for a new attached or detached garage.
Ordinance No. 407 — Exhibit A
Page 1 of 2
Without the adoption of this Ordinance, the current language of Sections 15.20 040 (H)
and (L) could be interpreted to allow up to one thousand eight hundred square feet of
expansion to developed properties because the totals for additions to existing structures
and for new permanent detached accessory structures would not be combined for the
purposes of determining the cumulative project(s) square footage. As such, the City
Council has determined that the proposed amendment would not result in new
significant environmental effects, but would actually serve to reduce potential adverse
impacts upon the environment by clarifying the limitations on the scope of future
expansions to developed properties within the Landslide Moratorium Area.
Furthermore, the City Council believes that the amendment is within the scope of
EA/ND No. 714 that was prepared and adopted in conjunction with Code Amendment
No. 45's amendments to Chapter 15.20 that were adopted on June 6, 2000. As a
result, no further environmental review of this code amendment is necessary.
Ordinance No. 407 — Exhibit A
Page 2 of 2
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on June 3, 2004, she caused to be posted the following document entitled:
Ordinance No. 407 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE
PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, AND
RESCINDING URGENCY ORDINANCE NO. 406U, a copy of which is attached hereto,
in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
r
City Clerk