Seaview Landslide Information

The Portuguese Bend landslide has had an on-going impact on the Portuguese Bend area and the Seaview neighborhood of Rancho Palos Verdes, which is just south of the main landslide area. The areas which have had on-going restrictions on development, additions and remodeling has been given designations such as the “red zone” and the “blue zone”. The “blue zone” refers to an area outlined in blue that designates the landslide moratorium area designated by the City of Rancho Palos Verdes in the Seaview neighborhood: The area referred to as the red zone, is a canyon away from the blue zone. The red zone is inside the Portuguese Bend neighborhood (Peppertree, Narcissa, Sweetbay, etc.), and you cant legally build in the majority of the red zone. The canyon between the blue zone and the red zone is called the Klondike Canyon, and people that are in the blue zone belong to an abatement district which makes sure that the canyon doesn’t have future problems due to its proximity to the red zone. In the past, this abatement district has improved drainage and many other projects.

The following is some background information on this issue, as published in the Minutes of the City Council meeting on March 14, 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 (described as the area outlined in red in the ordinance). In February 1981, the City Council adopted Ordinance No. 139U, which added the area known as Klondike Canyon to the Landslide Moratorium Area (described as the area outlined in blue in the current ordinance). The Blue Area is located on the eastern end of the moratorium area encompassing 36 residential lots in the Seaview tract and a portion of 2 Yacht Harbor Drive (see attached maps).

In September 1989, the City Council adopted a more flexible treatment of development proposals in the Blue Area. This action was based on the fact that this area had been subdivided previously and was almost completely developed (only one or two lots were not developed at the time) and included a sewer system, along with a lack of indicators of recent movement in the Blue Area. These factors distinguished this Area from other portions of the Landslide Moratorium Area.

As a result of these actions, the City’s current Landslide Moratorium Ordinance (see attached Municipal Code chapter 15.20) recognizes two separate areas within the overall landslide moratorium area that are subject to differing development criteria . Unlike properties located in the Red Area, owners of properties in the Blue Area are entitled, subject to certain conditions, to seek approval of a landslide moratorium exception permit for “[t]he construction of residential buildings, accessory structures, pools/spas, and grading;.” (Municipal Code Section 15.20.040 K.) The code also requires applicants to submit geological studies reasonably required to demonstrate to the satisfaction of the city geotechnical staff that the proposed project would not aggravate the existing situation. (Id.)

In May 2005, following the heavy rains during the winter of 2004-2005, City Staff first witnessed indications that the Blue Area may be experiencing new landslide movement. The movement was brought to the attention of the City’s geologist, who documented the movement and recommended that the City continue to monitor the area. In October 2005, Staff received a report from the City Geologist in response to a geology report prepared by an applicant seeking to build additions to an existing residence at 4380 Dauntless in the Blue Area. The City geologist alerted Staff that observed cracks in the area are indicative of land movement and that Staff should be aware of this before issuing the development permits to the applicant.

Based on this alert from the City geologist, Staff placed an item on the City Councils November 15, 2005 agenda to consider whether the more lenient 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 restrictions as the remainder of the Landslide Moratorium Area, as was the case from February 1981 through September 1989. Based on public testimony, the City Council adopted Urgency Ordinance No. 427U establishing 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.

On December 20, 2005, the City Council adopted Urgency Ordinance No. 432U, extending the temporary moratorium an additional sixty-six days to March 21, 2006 to allow more time for the City geologist to prepare his report to the City Council.

The City geologist submitted his report to the City on March 14, 2006″.

At the City Council meeting on March 21, 2006, an emergency ordinance was passed extending the moratorium to April 20, 2006. At the City Council meeting on April 18, 2006, an emergency ordinance was again passed extending the moratorium on issuing building permits in the blue zone to June 30, 2006. The following is additional background information published as part of the agenda for the City Council meeting held on June 20, 2006:

“In the meantime, the City has been engaged in litigation with the owners of certain undeveloped properties within the portion of the Moratorium that has been referred to as Zone 2. As part of that litigation, information is being prepared for submittal to the City that appears to be relevant to the issue of the stability of the Zone 2 area of the Moratorium. Because of the litigation and the generation of additional information regarding the stability of certain portions of the Moratorium Area in connection with that litigation, it was not possible for City Staff and the City’s geologic consultants to complete their review of all of the information regarding the stability of the Moratorium Area in time to prepare comprehensive reports for the City Council for the study session that had been scheduled to occur on June 3, 2006. As such, on May 16, 2006, the City Council agreed to postpone the study session to a future, yet to be determined, date.

Additional time is required to submit the information to the City for review and analysis by the City’s geologic consultants. Also, it is uncertain when the additional information will be submitted to the City and how long it will take the City’s consultants to review and analyze the information so that it can be presented to the City Council as part of the workshop.

Accordingly, it is necessary for the Moratorium to continue so that the status quo will be preserved while the City is preparing for and conducting the study session. For these reasons, it is necessary to extend Ordinance No. 427U, as previously amended by Ordinance No. 439U, again. The attached Urgency Ordinance extends the provisions of Ordinance No. 427 U and 439U for an additional one hundred seventeen days, to October 25, 2006. This additional time is required so that there will be adequate time: (1) for the City to receive the information; (2) to have the information analyzed by the City’s geologic consultants; (3) to have the information included in the reports that will be prepared for the City Council in connection with the study session, if appropriate; (4) to have the City Council hold upcoming study session, and (5) to have the City Council give direction to Staff about how the Council wishes to proceed.”

This ordinance was passed by the City Council at its meeting on June 20,2006.

On October 1, 2008, the State Appeals Court reversed a lower court decision and decided that the Land Slide building moratorium ordinance of the City of Rancho Palos Verdes for the Portuguese Bend area constituted an unconstitutional “taking” of property, and that the City should issue building permits to property owners wishing to build homes in the area.

“A permanent ban on home construction cannot be based merely on a fear of personal injury or significant property damage,” the jurist concluded, and ordered the case remanded for further proceedings to determine an appropriate remedy.

On October 8th, the City Council decided to appeal this decision to the State Supreme Court, but on Wednesday December 17th, 2008 the California State Supreme Court denied the City of Rancho Palos Verdes appeal of the Appellate Court’s decision allowing homeowners in the Portuguese Bend landslide moratorium zones the right to develop their properties.