ORDINANCE NO. 416 ORDINANCE NO. 416

ORDINANCE NO. 416

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 15.20, 16.20 AND 17.76 OF TITLES 15, 16 AND 17, RESPECTIVELY, OF THE MUNICIPAL CODE REGARDING CONDITIONS OF APPROVAL TO REQUIRE RECORDATION OF COVENANTS THAT DISCLOSE THE NATURE AND SCOPE OF SIGNIFICANT REMEDIAL GRADING UNDERTAKEN ON CERTAIN PROPERTY.

WHEREAS, the City of Rancho Palos Verdes is unique in that significant portions of the property within the City’s corporate boundaries are subject to conditions, including landslides, that affect the stability and developability of those properties; and,

WHEREAS, when significant remedial grading to stabilize the property and slopes is completed on property for which a landslide moratorium exclusion has been granted, or as a condition of approval of a landslide moratorium exclusion or in connection with the proposed subdivision and/or development of property, disclosure of the significant remedial grading to potential purchasers and subsequent owners is necessary to protect the public health, safety and welfare because such disclosure will help ensure that future property owners are aware of the geotechnical sensitivity of their property and will assist in avoiding future grading or construction activities that may compromise site stability; and,

WHEREAS, on November 27, 2004, notice of a public hearing on this ordinance before the Rancho Palos Verdes Planning Commission was published in the Palos Verdes Peninsula News; and,

WHEREAS, the Planning Commission held a duly noticed public hearing on December 14, 2004, January 25, 2005, and February 8, 2005, at which time the public was given the opportunity to provide testimony; and,

WHEREAS, on February 9, 2005, notice of a public hearing on this ordinance before the Rancho Palos Verdes City Council was published in the Palos Verdes Peninsula News;

WHEREAS, the City Council held a duly noticed public hearing on March 1, 2005, at which time the public was given the opportunity to provide testimony; and,

WHEREAS, pursuant to the California Environmental Quality Act, Public Resources Code §§21000 et seq., ("CEQA"), and the State and Local CEQA Guidelines, the proposed Geologic Disclosure Ordinance is not a project, as that term is defined by State CEQA Guidelines §15378, that is subject to the provisions of CEQA. Further, the Geologic Disclosure Ordinance "is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment—[as is the case here]—the activity is not subject to CEQA." (State CEQA Guidelines, §15061(b)(3).) The Geologic Disclosure Ordinance has no potential for causing any significant effect on the environment, because no physical alterations to the environment could be approved or allowed by simply requiring the disclosure of significant remedial grading.

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 amending Titles 15, 16 and 17 of the Rancho Palos Verdes Municipal Code to effect full disclosure of significant remedial grading to potential purchasers and subsequent owners of residential properties under certain circumstances.

Section 2: The City Council finds that there is no substantial evidence that the proposed amendments to Titles 15, 16 and 17 of the Municipal Code would result in any significant environmental effects, because the amendment requires nothing more than disclosure of certain remedial grading, as defined herein. The City Council hereby finds, based on its own independent review, that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, the Geologic Disclosure Ordinance is exempt from the provisions of CEQA, and no further CEQA analysis is required for this ordinance.

Section 3: The City Council finds that the amendments to Titles 15, 16 and 17 of the Municipal Code are necessary to preserve the public health, safety, and general welfare in the area.

Section 4: The City Council hereby amends Subsection 15.20.100 D. of Section 15.20.100 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code to read as follows:

15.20.100 Exclusions.

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 the Municipal 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.

Section 5: The City Council hereby adds a new Subsection F to Section 16.20.120 of Chapter 16.20 of Title 16 of the Rancho Palos Verdes Municipal Code to read as follows:

16.20.120 Soils/Geology Report.

F. Approval of a tentative parcel map, tentative tract map, or any final map that creates residential lots, shall be conditioned to require recordation of a covenant against the property if development of the subdivision requires 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. In addition, a note shall be placed on the final map stating that significant remedial grading is required in order to develop the subdivision. The final map note and covenant shall document the nature and scope of the significant remedial grading that is to be performed to enhance soil stability and reduce geotechnical hazards due to land movement or the presence of natural hazards.

Section 6: The City Council hereby adds a new Paragraph 9 to Subsection 17.76.040 G. of Section 17.76.040 of Chapter 17.76 of Title 17 of the Rancho Palos Verdes Municipal Code to read as follows:

17.76.040 G. Conditions Upon Issuance.

9. For any remedial grading permit, the recordation of a covenant against the property subject to 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. The covenant shall document the nature and scope of the significant remedial grading completed to enhance soil stability and reduce geotechnical hazards due to land movement or the presence of natural hazards.

Section 7: After the effective date of this Ordinance, it shall apply to all landslide moratorium exclusion requests, tentative tract map applications, tentative parcel map applications, final tract maps, final parcel maps and remedial grading permits that had not yet been approved by the City as of the effective date of this Ordinance.

Section 8: 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 15th day of March 2005.

/s/ Larry Clark

Mayor

Attest:

/s/ Carolynn Petru

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) ss

CITY OF RANCHO PALOS VERDES )

I, Carolyn Petru, 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. 416 passed first reading on March 1, 2005, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 15, 2005, and that the same was passed and adopted by the following roll call vote:

AYES: Long, Wolowicz, and Mayor Clark

NOES: None

ABSENT: Gardiner and Stern

ABSTAIN: None

__________________________

City Clerk