ORDINANCE NO. 478 ORDINANCE NO. 478 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CERTAIN PROVISIONS OF TITLE 3 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO CLARIFY THE PROCEDURES RELATING TO THE SUBMISSION OF CLAIMS AND THE PAYMENT OF CERTAIN TAXES AND DECLARING THE URGENCY THEREOF. WHEREAS, the City Council of the City of Rancho Palos Verdes previously enacted certain provisions of the Rancho Palos Verdes Municipal Code to impose certain taxes on individuals or entities that do business within the City; and WHEREAS, in accordance with the provisions of Proposition 62, California Government Code Section 53720 et seq., and other requirements of State Law, certain of the taxes that were imposed by the City Council subsequently were submitted to, and approved by, the Cityís voters; and WHEREAS, it is necessary to update certain provisions of Title 3 of the Municipal Code to clarify the Code to reflect the Cityís existing practices and to address certain changes in procedures and technology; and WHEREAS, the modifications to Title 3 of the Municipal Code set forth herein are not intended in any manner either to increase any tax percentage or expand the base of any tax that is imposed by Title 3 of this Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITYOF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Subsection A of Section 3.16.120 of Chapter 3.16 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: A. Whenever the amount of any tax, interest or penalty has been overpaid, or has been paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B and C of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within one year of the date of payment. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. Compliance with this section shall be a prerequisite to a suit thereon. The claim shall be on forms furnished by the tax administrator, shall be presented in accordance with the requirements of Section 3.24.030 of this Title 3, and shall clearly establish the claimantís right to the refund by written records demonstrating entitlement thereto. It is the intent of the city that the one year claim requirement of this subsection be given retroactive effect; provided, however, that any claims that arose prior to the enactment date of the one-year claims period set forth in the subsection, which are not otherwise barred by the then-applicable statute of limitations or claim procedure, must be filed with the tax administrator as provided in this title 3 within ninety days following the effective date of this amended subsection A. Section 2. Section 3.24.030 of Chapter 3.24 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: 3.24.030. Presenting and filing. All claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter referred to as "claims") shall be presented to the city within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code, (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter. All claims shall be made in writing and shall be verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this Chapter and acted upon by the City Council prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of this Chapter. Section 3. Section 3.24.040 of Chapter 3.24 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: Action against city. Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the city shall conform to the requirements of Sections 950 through 951 of the California Government Code. Section 4. Subsection I of Section 3.30.020 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "Telephone communication services" means those services as defined in sections 4251 and 4252 of the Internal Revenue Code, and the regulations thereunder, and shall included any telephonic-quality communication for the purpose of transmitting messages or information [including, but not limited to, voice, both analog and digital-including the use of the Internet Protocol ("IP") or other similar means for digitization or packetization of telephonic quality communications for transmission via digital networks, in part or in whole), telegraph, teletypewriter, data, facsimile, video or text] by electronic, radio or similar means through "interconnected service" with the "public switched network" [as these terms are commonly used in the Federal Communications Act and the regulations of the Federal Communications Commission (see 47 U.S.C. Section 332(d))], whether such transmission occurs by wire, cable, cable modem or digital subscriber line ("DSL"), internet, fiber-optic, light wave, laser, microwave, radio wave [including, but not limited to, mobile telecommunications service, cellular service, commercial mobile service and commercial radio service (see 47 U.S.C. Section 332(d)(1) and Part 20.3 of Title 47 of the Code of Federal Regulations), personal communications service ("PCS"), specialized mobile radio ("SMR"), and other similar services, regardless of radio spectrum used], switching facilities, satellite or any other similar facilities. "Telephone communications services" shall not include "private mobile radio service" (as defined in Part 20.3 of Title 47 of the Code of Federal Regulations) or "private mobile service" (as defined in 47 U.S.C.A. Section 332(d)(3)) and any other service that is not interconnected to the public switched network. Section 5. Subsection B of Section 3.30.050 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: B. "Charges," as used in this section, shall include charges made for (1) metered energy; and (2) minimum charges for service, including customer charges, service charges, standby charges, charges for temporary services, demand charges, annual and monthly charges, and any other charges, fees and surcharges that are necessary to or common for the receipt, use or enjoyment of electric service; which are authorized or mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. Section 6. Subsection B of Section 3.30.070 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: B. "Charges," as used in this section, shall include charges made for (1) metered gas or mobile transport; (2) gas transportation charges, and (3) charges for service, including customer charges, service charges, minimum charges, demand charges, and annual and monthly charges, and any other charge which is authorized or mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. Section 7. Subsection B of Section 3.30.080 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: B. "Charges," as used in this section, shall include charges made for (1) metered water; and (2) minimum charges for service, including customer service charges, ready to serve charges, standby charges, and annual and monthly charges, and any other charges, fees and surcharges that are necessary to or common for the receipt, use or enjoyment of water service, whether or not such charges, fees or surcharges appeal on a bundled or line item basis on the customer billing. Section 8. Section 3.30.100 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph D thereto to read as follows: D. Any service user subject to the tax imposed by section 3.30.050 or section 3.30.070 of this chapter, which receives gas or electricity , including any related supplemental services, directly from a non-utility service supplier not under the jurisdiction of this chapter, or which, for any other reason, is not having the full tax collected and remitted by its service supplier, a non-utility service supplier, or its billing agent on the use of electricity or gas in the city, shall report said fact to the tax administrator and shall remit the tax due directly to the tax administrator within thirty days of such use. Section 9. Section 3.30.130 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraphs G and H thereto to read as follows: G. The tax administrator, from time to time, may survey the providers of the various utility services, which are subject to the provisions of this chapter, to identify the various unbundled billing components of such service that that they commonly provide to residential and commercial customers in the city, and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such service. Thereafter, the tax administrator may issue and disseminate to such service providers an administrative ruling identifying those components and items that are: (1) necessary for or common to the receipt, use or enjoyment of such service, or (2) currently, or historically have been, included in a single or bundled rate for such service by a provider to a class of retail customers. Charges for such components and items shall be subject to the tax that is imposed by this chapter 3.30. H. If one or more non-taxable items are bundled or billed together with one or more taxable items under a single charge on a customerís bill, the entire single charge shall be deemed taxable by the tax administrator unless, upon the written request of the customer, the service supplier can reasonably identify the non-taxable component of the single charge based upon one or more of the following methodologies, as selected by the tax administrator: (1) the average industry charges for the individual non-taxable items included in the entire single charge; (2) the amount of the entire single charge less the average industry charges for the individual taxable items included in the entire single charge, or (3) the service supplierís books and records that are kept in the regular course of business, which must be consistent with generally accepted accounting principles. Section 10. Subsection A of Section 3.30.150 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: A. Whenever the amount of any tax, interest or penalty has been overpaid, or has been paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsection B of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within one year of the date of payment. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. Compliance with this section shall be a prerequisite to a suit thereon. The claim shall be on forms furnished by the tax administrator, shall be presented in accordance with the requirements of Section 3.24.030 of this Title 3, and shall clearly establish the claimantís right to the refund by written records demonstrating entitlement thereto. It is the intent of the city that the one year claim requirement of this subsection be given retroactive effect; provided, however, that any claims that arose prior to the enactment date of the one-year claims period set forth in the subsection, which are not otherwise barred by the then-applicable statute of limitations or claim procedure, must be filed with the tax administrator as provided in this title 3 within ninety days following the effective date of this amended subsection A. Section 11. Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by renumbering Sections 3.30.160. 3.30.170 and 3.30.180, respectively, as Sections 3.30.170. 3.30.180 and 3.30.190 and adding new Section 3.30.160 thereto to read as follows: Appeal. Any person who is aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, or any other determination of the tax administrator made pursuant to section 3.30.130 may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the serving or mailing of the tax administratorís determination. The city clerk shall fix a time and date for hearing such appeal and shall give notice in writing to the appellant in the manner prescribed in section 3.30.130 D for service of notice of hearing. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in section 3.30.130 D. Any amount found to be due shall be immediately due and payable upon the service of the notice. Section 12. Subsection A of Section 3.40.100 of Chapter 3.40 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: A. Whenever the amount of any tax, interest or penalty has been overpaid, or has been paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B and C of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within one year of the date of payment. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. Compliance with this section shall be a prerequisite to a suit thereon. The claim shall be on forms furnished by the tax administrator, shall be presented in accordance with the requirements of Section 3.24.030 of this Title 3, and shall clearly establish the claimantís right to the refund by written records demonstrating entitlement thereto. It is the intent of the city that the one year claim requirement of this subsection be given retroactive effect; provided, however, that any claims that arose prior to the enactment date of the one-year claims period set forth in the subsection, which are not otherwise barred by the then-applicable statute of limitations or claim procedure, must be filed with the tax administrator as provided in this title 3 within ninety days following the effective date of this amended subsection A. Section 13. The City Council finds that the amendments to Title 3 of the Municipal Code are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendments to Title 3 shall be construed as a restatement and continuation of the previous provisions. As such, to ensure certainty regarding standards applicable to current and future applications for new structures or additions thereto, the amendments must become effective as quickly as possible. Section 14. The City Council declares that the provisions of this ordinance are severable. If, for any reason, any sentence, paragraph, or section of this ordinance is determined by a court of competent jurisdiction to be invalid, such determination will not affect the validity of the remaining provisions of this ordinance. Section 15. The City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937 and shall take effect immediately upon adoption. Said finding and determination is based upon the recitals set forth above and the following: A. The amendments set forth above are declaratory of existing policy and practice. Clarifications proposed by this ordinance are necessary to ensure that the provisions for the collection of taxes and the submission of claims are uniform in their application so that disparate treatment of City residents, which could result if the ordinance does not take effect immediately, does not occur. B. If the amendments regarding the procedures and time periods to present claims to the City do not take immediate effect, and without the uniform periods within which to submit claims to the City for refunds or the repayment of taxes that are established by this ordinance, the City will not be able to budget its resources in these uncertain fiscal times, which would adversely impact the pubic health, safety and welfare. PASSED, APPROVED and ADOPTED this 17th day of February 2004. /s/ Peter C. Gardiner Mayor Attest: /s/ Jo Purcell 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; that the foregoing Ordinance No. 402U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on February 17, 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. 402U ORDINANCE NO

ORDINANCE NO. 478

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 15.42 (FLOODPLAIN MANAGEMENT) OF TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

                        THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS:

Section 1.ORDINANCE NO. 478

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 15.42 (FLOODPLAIN MANAGEMENT) OF TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.

                        THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS:

Section 1.     Findings.

A.     The Federal Emergency Management Agency (“FEMA”) has completed a Flood Insurance Survey (FIS) report for the City of Rancho Palos Verdes (the “City”) and has determined, in accordance with Part 67, Chapter I, Title 44 of the Code of Federal Regulations, that no Special Flood Hazard Areas (“SFHAs”) exist at this time in within the City.  FEMA will use the City’s FIS report and Flood Insurance Rate Map (“FIRM”) to establish appropriate flood insurance rates for owners of property in flood-prone areas within the City.

B.     Because FEMA has completed a Flood Insurance Survey (“FIS”) report, the City, as a condition of continued eligibility in the National Flood Insurance Program (“NFIP”), must meet certain additional requirements under Section 1361 of the National Flood Insurance Act of 1968 by September 26, 2008.

C.     Prior to September 26, 2008, the City is required to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(a) of the NFIP regulations (44 C.F.R. § 59 et seq.).

D.     While the City has enacted some of the standards of Paragraph 60.3(a), as codified in Chapter 42, Title 15 of the Municipal Code, the City desires to amend its existing regulations to incorporate additional requirements of Paragraph 60.3(a) to ensure the City’s continued participation in the NFIP.

E.     The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of their citizenry.

G     All legal prerequisites to the adoption of this Ordinance have occurred.

G.     Environmental Determination.  The City Council hereby finds that it can be seen with certainty that this Ordinance has no likelihood of causing a significant negative effect on the environment.  Therefore, both the City Council’s action of adopting this ordinance and the effects derivative from that adoption are found to be exempt from the application of the California Environmental Quality Act of 1970, as amended, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15061(b)(3)).  This finding is premised on the fact that the adoption of this Ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City.

Section 2.     Section 15.42.030 of Chapter 15.42 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

“15.42.030     Definitions.
      Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

A.     “Area of special flood hazard” means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year.

B.     “Base flood” means a flood, which has a one percent chance of being equaled or exceeded in any given year (also called a one hundred year flood).

C.     Development” means any man-made change to improved or unimproved real property, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, as defined in Section 17.96.560 of this Code.

D.     “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; (3) the collapse or subsidence of land along the shore of a body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event that results in flooding, as defined in this definition.

E.     “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of flooding).

F.     “Floodplain administrator” means the director of public works.

G.     “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.

H.     “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power that control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

I.     “Governing body” means the city council of the city of Rancho Palos Verdes.

J.     “Historic structure” means any structure that is:

  1. Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;
  2. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;
  3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or
  4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the secretary of the interior, or directly by the secretary of the interior in states with approved programs.

K.  “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Under this chapter, this term does not include a recreational vehicle.

L.   “Manufactured home park” or “subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

M.  “New construction” means structures for which the “start of construction” commenced on or after the effective date of this chapter, and includes any subsequent improvements to such structures.
     
N.  “One hundred year flood” shall have the same meaning as the term “base flood.”

O.  “Recreational vehicle” means any motor home, camper, house or tent trailer that may be used by persons for temporary occupancy (such as recreational, camping, travel or seasonal use), regardless of whether it has its own motor or is to be towed by a motorized vehicle. Recreational vehicle does not mean a manufactured home or mobile home.

P.  “Start of construction” means and includes substantial improvement and other proposed new development and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement occurs within one hundred eighty days from the date of issuance of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement to an existing structure, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Q.  “Structure” means anything that is built or placed on top of the ground, including a gas or liquid storage tank, as defined in Section 17.96.2040 of this Code.

R.  “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

S.  “Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

  1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
  2. Any alteration of an “historic structure,” provided that the alteration will not preclude the structure's continued designation as an “historic structure.”

Section 3.     Chapter 15.42 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended by adding a new Section 15.42.095 thereto to read as follows:

“15.42.095     Review development permits.
      Development permits for all proposed development in the City, as defined in Section 17.96.560, including the placement of manufactured homes, shall be reviewed so that it can be determined whether such construction or development is within flood-prone areas.  The floodplain administrator shall not allow development within a flood-prone area unless the applicant has obtained all necessary permits from those governmental agencies whose approval is required by federal, state, or local law.”

Section 4.     Section 15.42.100 of Chapter 15.42 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

“15.42.100     Designation of the floodplain administrator.
      The director of public works is designated as the floodplain administrator to administer, implement, and enforce this chapter by reviewing development permits in flood-prone areas of the City, by ensuring compliance with the provisions of this chapter, and by preventing development in flood-prone areas in the City unless the applicant has obtained all necessary permits from those governmental agencies whose approval is required by federal, state, or local law.”

Section 5.     The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

Section 6.     The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be posted in the manner required by law.

Section 7.     The City Clerk shall forward a certified copy of this Ordinance to the Federal Insurance and Mitigation Division of the Federal Emergency Management Agency.

PASSED, APPROVED and ADOPTED this 16th day of September, 2008.

 

                                                                                                            /s/ Douglas W. Stern
                                                                                                                       Mayor
           
ATTEST:

 

/s/ Carla Morreale
      City Clerk

State of California                               )
County of Los Angeles                       )  ss
City of Rancho Palos Verdes )

            I, Carla Morreale, 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. 478 passed first reading on September 2, 2008, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on September 16, 2008, and that the same was passed and adopted by the following roll call vote:

            AYES:                        Clark, Gardiner, Long, Wolowicz and Stern       
            NOES:            None
            ABSENT:       None
ABSTAIN:      None 
                                                                                    ________________________
                                                                                                    City Clerk

Findings.

A. The Federal Emergency Management Agency (“FEMA”) has completed a Flood Insurance Survey (FIS) report for the City of Rancho Palos Verdes (the “City”) and has determined, in accordance with Part 67, Chapter I, Title 44 of the Code of Federal Regulations, that no Special Flood Hazard Areas (“SFHAs”) exist at this time in within the City.  FEMA will use the City’s FIS report and Flood Insurance Rate Map (“FIRM”) to establish appropriate flood insurance rates for owners of property in flood-prone areas within the City.

B. Because FEMA has completed a Flood Insurance Survey (“FIS”) report, the City, as a condition of continued eligibility in the National Flood Insurance Program (“NFIP”), must meet certain additional requirements under Section 1361 of the National Flood Insurance Act of 1968 by September 26, 2008.

C. Prior to September 26, 2008, the City is required to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(a) of the NFIP regulations (44 C.F.R. § 59 et seq.).

D. While the City has enacted some of the standards of Paragraph 60.3(a), as codified in Chapter 42, Title 15 of the Municipal Code, the City desires to amend its existing regulations to incorporate additional requirements of Paragraph 60.3(a) to ensure the City’s continued participation in the NFIP.

E.The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of their citizenry.

F. All legal prerequisites to the adoption of this Ordinance have occurred.

G. Environmental Determination.  The City Council hereby finds that it can be seen with certainty that this Ordinance has no likelihood of causing a significant negative effect on the environment.  Therefore, both the City Council’s action of adopting this ordinance and the effects derivative from that adoption are found to be exempt from the application of the California Environmental Quality Act of 1970, as amended, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15061(b)(3)).  This finding is premised on the fact that the adoption of this Ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as adopted by the City.

Section 2.     Section 15.42.030 of Chapter 15.42 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

“15.42.030     Definitions.
      Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

  1. “Area of special flood hazard” means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year.

 

  1. “Base flood” means a flood, which has a one percent chance of being equaled or exceeded in any given year (also called a one hundred year flood).
  1. Development” means any man-made change to improved or unimproved real property, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials, as defined in Section 17.96.560 of this Code.

 

  1. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; (3) the collapse or subsidence of land along the shore of a body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event that results in flooding, as defined in this definition.
  1. “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source (see definition of flooding).

 

  1. “Floodplain administrator” means the director of public works.
  1. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.

 

  1. “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power that control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
  1. “Governing body” means the city council of the city of Rancho Palos Verdes.

 

  1. “Historic structure” means any structure that is:
  2. Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;
  3. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;
  4. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or
  5. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the secretary of the interior, or directly by the secretary of the interior in states with approved programs.

K.  “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. Under this chapter, this term does not include a recreational vehicle.

L.   “Manufactured home park” or “subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

M.  “New construction” means structures for which the “start of construction” commenced on or after the effective date of this chapter, and includes any subsequent improvements to such structures.
     
N.  “One hundred year flood” shall have the same meaning as the term “base flood.”

O.  “Recreational vehicle” means any motor home, camper, house or tent trailer that may be used by persons for temporary occupancy (such as recreational, camping, travel or seasonal use), regardless of whether it has its own motor or is to be towed by a motorized vehicle. Recreational vehicle does not mean a manufactured home or mobile home.

P.  “Start of construction” means and includes substantial improvement and other proposed new development and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement occurs within one hundred eighty days from the date of issuance of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement to an existing structure, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Q.  “Structure” means anything that is built or placed on top of the ground, including a gas or liquid storage tank, as defined in Section 17.96.2040 of this Code.

R.  “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

S.  “Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

  1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
  2. Any alteration of an “historic structure,” provided that the alteration will not preclude the structure's continued designation as an “historic structure.”

Section 3.     Chapter 15.42 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended by adding a new Section 15.42.095 thereto to read as follows:

“15.42.095     Review development permits.
      Development permits for all proposed development in the City, as defined in Section 17.96.560, including the placement of manufactured homes, shall be reviewed so that it can be determined whether such construction or development is within flood-prone areas.  The floodplain administrator shall not allow development within a flood-prone area unless the applicant has obtained all necessary permits from those governmental agencies whose approval is required by federal, state, or local law.”

Section 4.     Section 15.42.100 of Chapter 15.42 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

“15.42.100     Designation of the floodplain administrator.
      The director of public works is designated as the floodplain administrator to administer, implement, and enforce this chapter by reviewing development permits in flood-prone areas of the City, by ensuring compliance with the provisions of this chapter, and by preventing development in flood-prone areas in the City unless the applicant has obtained all necessary permits from those governmental agencies whose approval is required by federal, state, or local law.”

Section 5.     The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

Section 6.     The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be posted in the manner required by law.

Section 7.     The City Clerk shall forward a certified copy of this Ordinance to the Federal Insurance and Mitigation Division of the Federal Emergency Management Agency.

PASSED, APPROVED and ADOPTED this 16th day of September, 2008.

 

                                                                                                            /s/ Douglas W. Stern
                                                                                                                       Mayor
           
ATTEST:

 

/s/ Carla Morreale
      City Clerk

State of California                               )
County of Los Angeles                       )  ss
City of Rancho Palos Verdes )

            I, Carla Morreale, 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. 478 passed first reading on September 2, 2008, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on September 16, 2008, and that the same was passed and adopted by the following roll call vote:

            AYES:                        Clark, Gardiner, Long, Wolowicz and Stern       
            NOES:            None
            ABSENT:       None
ABSTAIN:      None 
                                                                                    ________________________
                                                                                                    City Clerk