ZONE 2: NON-MONKS LOTS
The City is re-initiating the process to amend the City's Landslide Moratorium Ordinance to allow all property owners in Zone 2 of the Landslide Moratorium Area to develop on the same terms as the Monks plaintiffs' lots. On September 18, 2018, the City Council entered into a professional services agreement with Rincon Consultants, Inc. to complete the Environmental Impact Report to revise the Landslide Moratorium Ordinance pertaining to Zone 2.
September 18, 2018 Staff Report
The proposed revisions to the Landslide Moratorium Ordinance would include the revision of subsection P to Section 15.20.040 (Exceptions) to apply to all 47 undeveloped lots in Zone 2. With respect to the EIR assumptions for assessing the potential future impacts of the development of the remaining undeveloped lots, they include:
- 47 single-story, ranch-style residences with attached or detached 3-car garages, with minimum living area of 1,500 square feet and maximum living area of 4,000 square feet or 15% of gross lot area, whichever is less;
- Less than 1,000 cubic yards of grading (cut and fill combined) per lot, with no more than 50 cubic yards of imported fill per lot;
- Maximum 25% (RS-1) or 40% (RS-2) net lot coverage;
- Maximum building height of 16 feet for residences and 12 feet for detached accessory structures;
- Minimum front setbacks of 20 feet, minimum rear setbacks of 15 feet, minimum street-side setbacks of 10 feet, and minimum interior side setbacks of 5 feet, with setbacks along private street rights-of-way measured from the easement line rather than the property line; and
- No subdivision of existing lots within Zone 2.
Zone 2: Landslide Moratorium Ordinance Revisions (Non-Monks Lots)
In September 2009, the City Council adopted Ordinance No. 498, which amended the Landslide Moratorium Ordinance to create a new Landslide Moratorium Exception Category P, to allow the owners of the sixteen Monks plaintiffs’ lots to apply for Exceptions for the construction of new residences. In December 2009, the City Council adopted Ordinance No. 501U, to further amend the Landslide Moratorium Ordinance to allow site grading for the development of each of the Monks plaintiffs lots not to exceed 1,000 cubic yards of combined cut and fill, and with no import in excess of 50 cubic yards. A Mitigated Negative Declaration was certified by the City Council in conjunction with these actions.
In October 2009, the City commenced the processing of a further revision to the Landslide Moratorium Ordinance to allow for the future development of the remaining 31 undeveloped lots in Zone 2. At that time, the City and its environmental consultant, Rincon Consultants, began the California Environmental Quality Act (CEQA) review of the Zone 2 Landslide Moratorium Ordinance revision, which proposed to expand Exception Category P to include the development of the 31 undeveloped lots, thereby allowing 47 undeveloped lots in Zone 2 to be developed with single-family residences. As a result of the CEQA review, in January 2011, the City distributed an Initial Study, accompanied by a Notice of Preparation for the preparation of an Environmental Impact Report (EIR). In September 2012, the Draft EIR was made available to the public for review during the 60-day public comment period, which concluded in November 2012. Over the course of the next year, the City, along with Rincon Consultants, completed a review and analysis of the public comments received on the Draft EIR.
In March 2014, the Final EIR was completed. In April 2014, the Final EIR was presented to the City Council for certification, as was the approval of the proposed Code Amendment to expand Exception Category P. The City Council continued the public hearing to the following month, to allow additional time for the public to submit comments on the proposed Zone 2 Landslide Moratorium Ordinance Revisions. In May 2014, the City Council continued the public hearing to June 2014, to allow City Staff and the City’s consultants to address additional comments made by the public and issues raised by the City Council. In June 2014, the City Council continued the public hearing to August 2014 to accommodate the time and resources needed to review and address the public comments on the Final EIR. On August 5, 2014, the City Council, after considering evidence introduced in the record, tabled the certification of the Final EIR and the adoption of the proposed Landslide Moratorium Ordinance Revisions.
Draft Environmental Impact Report
Final Environmental Impact Report