New RPV Moratorium
The City of Rancho Palos Verdes passed Ordinance No. 674U on October 3, 2023. These are the key facts in the ordinance that placed a moratorium on construction permits and water use:
Map of the area impacted by the moratorium
Area Covered – three large active landslide complexes including the Portuguese Bend Landslide, the Abalone Cove Landslide, and the Klondike Canyon Landslide, (together known as the Landslide Complex).
Ordinance Type – Interim Urgency Ordinance
Duration – 45 days
Impact – within the boundaries of the Landscape Complex, no application for permits will be accepted, and no permits will be issued for construction.
Water Conservation – within the boundaries all swimming pools must be emptied into sewers and all irrigation systems turned off.
Exceptions
Construction necessary for repair or maintenance of existing structures, roadways, and any infrastructure such as water lines, sewer lines, electrical or traffic installation, etc.
Construction necessary for the implementation, establishment, repair, or maintenance of any landslide mitigation measures.
Construction necessary for the immediate preservation of the public health and safety.
Construction that the City Manager deems necessary and consistent with the purposes of this interim urgency ordinance. Any such exceptions shall require written findings by the City Manager and must be ratified by the City Council.
Writer’s opinion
The intent of the moratorium is to minimize water in the slide areas. Water was judged to cause or contribute to all the slides to date. We hope this assumption is based on expert evaluation and review. The intent is laudable, but the execution in our opinion will be very difficult.
BAN ON POOLS/IRRIGATION SYSTEMS
Empty pools may move out of the ground caused by a high water table, similar to a boat floating in water. Pool liners without water may deteriorate and dry out when exposed to sunlight. When irrigation systems are turned completely off, plants die. Within this 45-day moratorium, losses may incur, and damages sustained. Does the City of RPV intend for their affected homeowners to pay for these costs/losses without mitigation or compensation? If so, is that fair?
DELAYS ON HOME IMPROVEMENT PROJECTS
Also, what about homeowners who have ongoing home improvement projects? Does that mean all construction work must stop? The moratorium states no applications for permits will be accepted and no permits issued. Does this mean all remodeling work must be halted? Delayed or stopped indefinitely? What if one or more of the homeowners need a replacement garbage disposal? How will this moratorium impact homeowners selling their homes?
EXCEPTIONS APPROVAL DIFFICULT
There is an exception process controlled totally and exclusively by the City Manager, Ara Mihranian, and the City Council. Considering the size of the area involved and the number of houses and landowners, we predict the City Manager and City Council will be very, very busy people.
LAWSUITS ANTICIPATED
And we expect that lawsuits may be in process.
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