Rancho Palos Verdes City Council
   

DECEMBER 20, 2005 EXTENSION OF THE TEMPORARY 60-DAY MORATORIUM IN THE LANDSLIDE MORATORIUM AREA OUTLINED IN BLUE (A PORTION OF THE SEAVIEW TRACT) DECEMBER 20, 2005 EXTENSION OF THE TEMPORARY 60-DAY MORATORIUM IN THE LANDSLIDE MORATORIUM AREA OUTLINED IN BLUE (A PORTION OF THE SEAVIEW TRACT) DECEMBER 20, 2005 EXTENSION OF THE TEMPORARY 60-DAY MORATORIUM IN THE LANDSLIDE MORATORIUM AREA OUTLINED IN BLUE (A PORTION OF THE SEAVIEW TRACT)



TO: HONORABLE MAYOR AND COUNCILMEMBERS

FROM: DIRECTOR OF PLANNING, BUILDING & CODE ENFORCEMENT

DATE: DECEMBER 20, 2005

SUBJECT: EXTENSION OF THE TEMPORARY 60-DAY MORATORIUM IN THE LANDSLIDE MORATORIUM AREA OUTLINED IN BLUE (A PORTION OF THE SEAVIEW TRACT)

RECOMMENDATION

Adopt Urgency Ordinance No. ____, thereby extending the temporary 60-day moratorium that was established by the City Council on November 15, 2005 an additional sixty-six (66) days to March 21, 2006.

BACKGROUND

In September 1978, the City Council adopted Urgency Ordinance No. 108U, which established the Landslide Moratorium Area in and around the Portuguese Bend landslide. In February 1981, the City Council adopted Ordinance No. 139U, which added the area known as Klondike Canyon to the Landslide Moratorium Area, which is currently described as the area outlined in blue on the map that is on file with the City. In May 2005, following the unusual winter rains during the winter of 2004-2005, City Staff first witnessed indications that the Blue Area may be experiencing new landslide movement. In October 2005, the City received a report from the City Geologist, who was reviewing a proposed development in the Blue Area, which discussed landslide movement in the Blue Area.

Based on this new evidence of landslide movement in the Blue Area, Staff placed an item on the City Councilís November 15, 2005 agenda to consider whether the more flexible development standards that have been allowed in the Blue Area since 1989 should be repealed so that the Blue Area will be subject to the same development criteria that are applicable to the other areas that are subject to the Landslide Moratorium Ordinance, as was the case from February 1981 through September 1989. Based on public testimony, the City Council agreed to declare a temporary 60-day moratorium on the processing and issuance of building, grading or other permits, in the Blue Area, unless otherwise exempted from the moratorium. The 60-day moratorium was to allow the Cityís Geologist time to acquire additional land movement data, analyze the data and report his findings to the City Council.

DISCUSSION

The 60-day temporary moratorium that was established by the City Council on November 15, 2005 is set to expire on Saturday, January 14, 2006. At this time, the City Geologist is awaiting additional data that he expects to receive in mid to late January. Therefore, in order to allow the City Geologist enough time to receive and analyze the data and present his report to the City Council at a regularly scheduled City Council meeting, Staff is recommending that the City Council extend the temporary 60-day moratorium an additional sixty-six (66) days. Although Staff anticipates that the City Geologistís report will be presented to the City Council at one of its February meetings, extending the moratorium 66 days allows for the report to be presented to the City Council at either one of its March meetings in case there are further unforeseen delays.

CONCLUSION

Based on evidence of landslide movement in the Blue Area, on November 15, 2005, the City Council declared a temporary 60-day moratorium on the processing and issuance of building, grading or other permits, in the Blue Area to allow the Cityís Geologist time to acquire and analyze additional land movement data and report his findings to the City Council. Staff is now requesting a 66-day extension to the 60-day moratorium so that the City Geologistís report can be presented to the City Council and the public at a regularly scheduled City Council meeting.

FISCAL IMPACT

There is no fiscal impact to the City as a result of extending the temporary moratorium.

Respectfully submitted:

Joel Rojas, aicp

Director of Planning, Building

and Code Enforcement

Reviewed by:

Les Evans

City Manager

Attachment

City Council Urgency Ordinance No. ___

ORDINANCE NO. ____ U

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES EXTENDING URGENCY ORDINANCE NO. 472U ESTABLISHING A MORATORIUM ON THE ISSUANCE OF CERTAIN PERMITS AND THE PROCESSING OF PLANNING APPROVALS AND SUSPENDING CERTAIN PREVIOUSLY ISSUED BUILDING PERMITS AND APPROVALS, IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA OUTLINED IN BLUE ON THE LANDSLIDE MORATORIUM MAP ON FILE IN THE CITYíS PLANNING, BUILDING AND CODE ENFORCEMENT DEPARTMENT, WHICH INCLUDES PORTIONS OF DAUNTLESS DRIVE, EXULTANT DRIVE, ADMIRABLE DRIVE AND PALOS VERDES DRIVE SOUTH, AND DECLARING THE URGENCY THEREOF

WHEREAS, in September 1978, the City Council adopted Urgency Ordinance No. 108U, which established the Landslide Moratorium Area in a portion of the City, as depicted on a map that is on file in the Cityís Department of Planning, Building and Code Enforcement; and

WHEREAS, in February 1981, the City Council adopted Ordinance No. 139U, which added the area known as Klondike Canyon to the Landslide Moratorium Area, which is described as the area outlined in red on the map that is on file in the Cityís Department of Planning, Building and Code Enforcement; and

WHEREAS, in September 1989, the City Council adopted Ordinance No. 247, which added a new provision to the Landslide Moratorium Ordinance that provided the possibility for more intense development than previously was permitted in the Klondike Canyon Area, as outlined in blue on the map that is on file in the Cityís Department of Planning, Building and Code Enforcement ("Blue Area"); and

WHEREAS, in May 2005, following the unusual winter rains during the winter of 2004-2005, the first indications that the Blue Area may be experiencing landslide movement appeared; and

WHEREAS, in October 2005, the City received a report from the City Geologist, who was reviewing a proposed development in the Blue Area, that discussed the issue of landslide movement in the Blue Area; and

WHEREAS, based on the new evidence of landslide movement in the Blue Area, the City Council has asked the City Geologist to determine whether the more flexible development standards that had been allowed in the Blue Area since 1989 should be repealed so that the Blue Area will be subject to the same development criteria that are applicable to the other areas that are subject to the Landslide Moratorium Ordinance, as was the case from February 1981 through September 1989; and,

WHEREAS, on November 15, 2005, the City Council adopted Urgency Ordinance No. 472U, which established a 60-day moratorium on the processing and issuance of building, grading or other permits, and landslide moratorium exception permits and the processing or approval of Environmental Assessments, Environmental Impact Reports, Conditional Use Permits, height variation applications, tentative maps or parcel maps in the Blue Area and temporarily suspended Section 15.20.040 K of the Rancho Palos Verdes Municipal Code pending the completion of new geological data to determine whether construction in the Blue Area is safe in light of the newly observed instability or if the proposed development could adversely impact the stability of said Area; and,

WHEREAS, the Global Positioning System ("GPS") Data still is being collected, and the City Geologist is still in the process of completing the review of that data to assess the potential impacts of construction in the Blue Area upon the overall stability of said Area and upon the public health, safety and welfare and, accordingly, needs additional time to complete that review before determining if the moratorium imposed by Ordinance 472 U should be lifted;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council of the City of Rancho Palos Verdes hereby extends Urgency Ordinance 472U for an additional sixty-six days. Except as otherwise modified by this Ordinance, all provisions of Urgency Ordinance No. 472U shall remain in full force and effect through and including March 21, 2006.

SECTION 2. It has recently come to the attention of the City Council that the land identified in the Blue Area, which was previously thought to be stable, may in fact be experiencing current landslide movement. In order to protect the public health, safety and welfare, the City Geologist is looking at the recent GPS Data to determine the stability of the land in question and to whether development of new structures on undeveloped lots or parcels, substantial additions to existing homes, or the construction of certain accessory structures on properties in the Blue Area should be allowed. Until said geological review can be completed, the City cannot determine whether additional controls on development are necessary to protect the public health, safety, and general welfare from the harmful effects associated with slope failure. The City Council finds that continued development in the Blue Area during the completion of the geological review would expose residents to undue health hazards and safety risks and pose a current and immediate threat to the public health, safety, or general welfare and approval of additional entitlements for development inconsistent with the provisions of Urgency Ordinance No. 472U would frustrate the Cityís ability to protect the public health, safety and welfare by minimizing the adverse effects of slope failure. This ordinance is therefore necessary for the immediate preservation of the public peace, health, safety and welfare and shall take effect immediately upon adoption as an urgency ordinance. This ordinance is effective until 11:59 p.m. on March 21, 2006, unless further extended by the City Council.

PASSED, APPROVED AND ADOPTED this 20th day of December, 2005, by the following vote:

AYES:

NOES:

ABSENT

______________________________

MAYOR

ATTEST:

__________________________________

CAROLYNN A. PETRU, CITY CLERK

I, Carolynn Petru, HEREBY CERTIFY that the foregoing is true and correct copy of Ordinance No. _____ approved and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 15th day of November, 2005.

__________________________________

CITY CLERK