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)
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.
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 Council’s 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consider whether the more flexible development standards that have been allowed in the Blue Area since 1989 should be repealed so that the Blue Area will be subject to the same development criteria that are applicable to the other areas that are subject to the Landslide Moratorium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 City’s Geologist time to acquire additional land movement data, analyze the data and report his findings to the City Council.
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 Geologist’s 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.
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 City’s 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 Geologist’s report can be presented to the City Council and the public at a regularly scheduled City Council meeting.
There is no fiscal impact to the City as a result of extending the temporary moratorium.
Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement
City Council Urgency Ordinance No. ___