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2000 Municipal Code - Ordinance No 299 An Ordinance of the City of RH Clarifying the Prohition of the Import or Export of SoilPUBLIC HEARINGS CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) City Manager Nealis presented the staff report. He indicated that this ordinance was introduced at the last City Council meeting. Mayor Lay opened the continued public hearing. Hearing no public testimony or discussion, he closed the public hearing and called for a motion. Councilmember Pernell moved that the City Council waive further reading and adopt Ordinance No. 299. Councilmember Hill seconded the motion, Avhich carried unanimously by those Councilmembers in attendance. Minutes City Council Meeting ns/nRinr CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report and the revised language that had been requested at the last meeting of the City Council. Mayor Lay opened the public hearing and called for testimony. Hearing none, he closed the public hearing. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 299. Councilmember Hill seconded the motion. Discussion ensued regarding the proposed ordinance. Mayor Lay indicated that he feels that the revised language will reinforce the City's view on balanced cut and fill and that it highlights that a Variance will only be granted under special circumstances. In response to Counclmember Pernell, City Attorney Jenkins explained the findings that the Planning Commission and City Council must make in order to grant a Variance. City Attorney Jenkins further explained the technical discrepancy between the language in the Zoning Ordinance and the Building Ordinance and indicated that if the. City Council did not wish to grant a Variance for the import of soil that they have the discretion to amend the Municipal Code to prohibit it, but that he feels that this would tie the hands of the Council because of the limited situations in which this would occur. Hearing no further discussion, Mayor Lay called for a vote on the motion. The motion carried unanimously. The public hearing was continued to the next regular meeting of the City Council scheduled to be held on Monday, May 8, 2006 for the purpose of second reading and adoption. CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report and proposed ordinance. He explained that staff identified an inconsistency between language in the Zoning Code and language in the Building Code relating to balance cut and fill grading requirements, that although allows Variances to be considered in the public hearing process, does not support the issuance of permits to implement the approval and intention of the City Council and Planning Commission when Variances are granted. He explained the proposed ordinance and indicated that the amendment does not change any policies, procedures or permissiveness for Variances of this nature. Mayor Pernell opened the public hearing and called for testimony. Hearing none he called upon the City Council for comments. Councilmember Heinsheimer suggested that the ordinance be amended to include language, which reinforces the City's policy relative to balanced cut and fill and further describes the intent of the code revision as described by the City Manager. Following the discussion, the public hearing was continued to the next regular meeting of the City Council to be held on Monday, April 24, 2006 and staff was directed to incorporate language which reinforces the City's policy relative to balanced cut and fill and further describes the intent of the code revision. MATTERS FROM STAFF City Manager Nealis explained that staff identified an inconsistency between language in the Zoning Code and language in the Building Code relating to balance cut and fill grading requirements, that although allows Variances to be considered in the public hearing process, does not support the issuance of permits to implement the approval and intention of the City Council and Planning Commission when Variances are granted. Therefore, he stated that staff would prepare a technical amendment to the Building Code portion of the Municipal Code for presentation to the City Council on April 10, 2006 and indicated that the amendment would not change any policies, procedures or permissiveness for Variances of this nature. ORDINANCE NO. 299 AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The City Council held duly noticed public hearings on April 10, 2006, and April 24, 2006 to review the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on April 1, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 2. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the proposed Building Code amendment is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) 3 of said Act. Section 3. Subparagraph 1 and subparagraph 2 of Section 15.04.150 of the Municipal Code are amended to read as follows: 7015.5 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a variance pursuant to Chapter 17.38 has been approved. Section 5. Subparagraph 1 and subparagraph 2 of Section 15.04.170 are amended to read as follows: 7016.9 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a Variance pursuant to Chapter 17.38 has been approved. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a Variance pursuant to Chapter 17.38 has been approved. PASSED AND APPROVED ON THE 8th DAY OF May, 2006. ATTEST: .-„ MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 299 -1- STATE OF CALI VIA COUNTY OF LC..... IGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 299 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on May 8, 2006, by the following roll call vote: AYES: Councilmembers Hill, Pernell and Mayor Lay. NOES: None. ABSENT: Councilmember Heinsheimer and Mayor Pro Tern Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 299 -2- • TO: FROM: SUBJECT: C1iy 0/ ie0i 4 Jh/'/ INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274. (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No: 6-A Mtg. Date: 05-08-06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF PROPOSED ORDINANCE NO. 299: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. (SECOND READING AND ADOPTION) DATE: MAY 8, 2006 BACKGROUND At the regular City Council meeting held Monday, April 24, 2006, the City Council considered the attached staff report and introduced the draft ordinance. The public hearing regarding this ordinance was continued to this evening's meeting for consideration of second reading and adoption. RECOMMENDATION It is recommended that members of the City Council consider any testimony, close the public hearing and adopt Ordinance No. 299. CRN:mlk 05-08-06ord299-sta.doc ®Pruned on Rer:yn:Ied i"aper. ORDINANCE NO. 299 AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The City Council held duly noticed public hearings on April 10, 2006, and April 24, 2006 to review the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on April 1, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 2. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the proposed Building Code amendment is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) 3 of said Act. Section 3. Subparagraph 1 and subparagraph 2 of Section 15.04.150 of the Municipal Code are amended to read as follows: 7015.5 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a variance pursuant to Chapter 17.38 has been approved. Section 5. Subparagraph 1 and subparagraph 2 of Section 15.04.170 are amended to read as follows: 7016.9 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a Variance pursuant to Chapter 17.38 has been approved. Ordinance No. 299 -1 2. IN rading plan for which a permit iL _ _ luired shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a Variance pursuant to Chapter 17.38 has been approved. PASSED AND APPROVED ON THE 8`h DAY OF May, 2006. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 299 entitled: AN ORDINANCE OF THE CITY OF ROLLING .HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on May 8, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 299 2 40 DATE: TO: ATTN: FROM: SUBJECT: City 0/ PO ifiri51 ,_-1/1/1% !-:Cf.:,7,:=C.s. APRIL 24, 2006 NO. 2 PORTUGUESE SEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Email: cilyolrh(u aol.com Agenda Item No.: 10-B Mtg. Date: 04/24/06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR ORDINANCE NO. 299. CONSIDERATION OF PROPOSED ORDINACE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND 1. Previously, staff identified a technical discrepancy between the language in the Zoning Ordinance and the Building Ordinance pertaining to ability to obtain permits following Planning Commission review and approval of a Variance application regarding balanced cut and fill. 2. Although requests for Variances to import or export of soil have been considered on occasion by the Planning Commission and the City Council under the Zoning Ordinance, the prohibition of export and import of soil (balanced cut and fill) in the Building Ordinance prevents an applicant from implementing the decision of the Planning Commission determined in the public hearing process. 3. At the April 10, 2006 City Council meeting, staff presented a draft Ordinance to rectify this technical inconsistency. At that meeting staff was directed to include language in the draft Ordinance to provide further understanding of the reasoning behind the Ordinance and stress the overall importance of the balanced cut and fill standard of the City. As a result, the following language has been introduced into the draft Ordinance and will be printed in the Municipal Code with the clarifying language, if adopted by the City Council. "Strict adherence to the balanced cut and fill ratio is nn important policy of the City and furthers the ,pals and objectives of its General Plan. A protect may deviate rom balanced cut and fill -1- . only snider unusual circumstances related to the size, shape, topot'raphy or other physical conditions of the propertll that qualify it fora variance under Section 77.38.050.- 4. As before, this amendment would not change any policies, procedures or permissiveness for Variances in these cases. This amendment is technical in nature and brings the Building Ordinance in conformance with the practice of the Planning Commission to process Variances in this regard. 5 Staff analyzed the proposed Ordinance, and determined that this project is exempt from the State of California Environmental Quality Act, pursuant to Section 15061(b) 3 of said Act. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance, open the public hearing, take public testimony, and introduce proposed Ordinance No. 299 for first reading. 04-24-060n1299-siadoc 4 - DATE: TO: ATTN: FROM: SUBJECT: C1iy am., INCORPORATED JANUARY 24, 195.7 APRIL 24, 2006 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com Agenda Item No.: 10-B Mtg. Date: 04/24/06 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR ORDINANCE NO. 299. CONSIDERATION OF PROPOSED ORDINACE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND 1. Previously, staff identified a technical discrepancy between the language in the Zoning Ordinance and the Building Ordinance pertaining to ability to obtain permits following Planning Commission review and approval of a Variance application regarding balanced cut and fill. 2. Although requests for Variances to import or export of soil have been considered on occasion by the Planning Commission and the City Council under the Zoning Ordinance, the prohibition of export and import of soil (balanced cut and fill) in the Building Ordinance prevents an applicant from implementing the decision of the Planning Commission determined in the public hearing process. 3. At the April 10, 2006 City Council meeting, staff presented a draft Ordinance to rectify this technical inconsistency. At that meeting staff was directed to include language in the draft Ordinance to provide further understanding of the reasoning behind the Ordinance and stress the overall importance of the balanced cut and fill standard of the City. As a result, the following language has been introduced into the draft Ordinance and will be printed in the Municipal Code with the clarifying language, if adopted by the City Council. "Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill -1- ®Print[:rt Un RecVdeci Paper. only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050." 4. As before, this amendment would not change any policies, procedures or permissiveness for Variances in these cases. This amendment is technical in nature and brings the Building Ordinance in conformance with the practice of the Planning Commission to process Variances in this regard. 5. Staff analyzed the proposed Ordinance, and determined that this project is exempt. from 'the State of California Environmental Quality Act, pursuant to Section 15061(b) 3 of said Act. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance, open the public hearing, take public testimony, and introduce proposed Ordinance No. 299 for first reading. 04-24-06Ord299-sta.doc T. t ORDINANCE NO. 299 AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The City Council held duly noticed public hearings on April 10, 2006, and April 24, 2006 to review the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on April 1, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 2. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the proposed Building Code amendment is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) 3 of said Act. Section 3. Subparagraph 1 and subparagraph 2 of Section 15.04.150 of the Municipal Code are amended to read as follows: 7015.5 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a variance pursuant to Chapter 17.38 has been approved. Section 5. Subparagraph 1 and subparagraph 2 of Section 15.04.170 are amended to read as follows: 7016.9 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a Variance pursuant to Chapter 17.38 has been approved. Ordinance No. 299 -1 (-D - 2. N _ Grading plan for which a permitris _ _juired shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a Variance pursuant to Chapter 17.38 has been.approved. PASSED AND APPROVED ON THE 24th DAY OF April, 2006. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 299 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on April 24, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 299 -2- Soil import/export mailbox :///Craig's%20I !ocuments/Mozi lla/Profiles/Craig%2... Subject: Soil import/export From: "Michael Jenkins" <MJenkins@localgovlaw.com> Date: Mon, 17 Apr 2006 07:32:06 -0700 To: "Craig Nealis" <cnealis@cityofrh.net> Consider this: "Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050." Michael Jenkins, Esq. JENKINS & HOGIN, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Tel: 310.643.8448; Fax: 310.643.8441 MJenlcins@LocalGovLaw.com www.LocalGovLaw.com This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The Information contained in this email is confidential and may be protected by the attorney -client and/or attorney work product privileges. This information is intended solely for the use of the individual or entity to whom it is addressed. 1 of 1 4/17/06 8:08 AM 7 DATE: TO: ATTN: FROM: SUBJECT: C1i 0//e0m JdPP INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityolrh@aol.com Agenda Item No.: 6B Mtg. Date: 4/10/06 APRIL 10, 2006 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PLANNING DIRECTOR ORDINANCE NO. 299. CONSIDERATION OF PROPOSED ORDINACE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND 1. Staff identified a technical discrepancy between the language in the Zoning Ordinance and the Building Ordinance pertaining to ability to obtain permits following Planning Commission review and approval of a Variance application regarding balanced cut and fill. 2. Although requests for Variances to import or export of soil. have been considered on occasion by the Planning Commission and the City Council under the Zoning Ordinance, the prohibition of export and import of soil (balanced cut and fill) in the Building Ordinance prevents an applicant from implementing the decision of the Planning Commission determined in the public hearing process. 3. The amendment would not change any policies, procedures or permissiveness for Variances in these cases. This amendment is technical in nature and brings the Building Ordinance in conformance with the practice of the Planning Commission to process Variances in this regard. 4. Staff analyzed the proposed Ordinance, and determined that this project is exempt from the State of California Environmental Quality Act, pursuant to Section 15061(b) 3 of said Act. ® Primed on Recycled Pepe!. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance, open the public hearing, take public testimony, and introduce proposed Ordinance No. 299 for first reading. CD ORDINANCE NO. 299 AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The City Council held duly noticed public hearings on April 10, 2006, and April , 2006 to review the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on April 1, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 2. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the proposed Building Code amendment is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) 3 of said Act. Section 3. Subparagraph 1 and subparagraph 2 of Section 15.04.150 of the Municipal Code are amended to read as follows: 7015.5 BALANCED CUT AND FILL RATIO 1. No export or import of soil shall be permitted from or to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a Variance pursuant to Chapter 17.38 has been approved. Section 5. Subparagraph 1 and subparagraph 2 of Section 15.04.170 are amended to read as follows: 7016.9 BALANCED CUT AND FILL RATIO 1. No export or import of soil shall be permitted from or to any lot in the City, except where a Variance pursuant to Chapter 17.38 has been approved. t 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where a Variance pursuant to Chapter 17.38 has been approved. PASSED AND APPROVED ON THE DAY OF , 2006. GODFREY PERNELL, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 299 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK 0 Palos Verdes Peninsula News 500 Silver Spur Rd Ste 300 Rancho Palos Verdes CA 90275 Proof of Publication (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years; and I -am-- not -a party to or- - interested in the notice published. I am the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of February 15, 1977 Case Number C824957, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 1 All in the year 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rancho Palos Verdes, California, this 1st day of April 2006 ZL%L1 Signature porsawn APR 0 4 2006 CITY OF ROLLING HILLS By PVPN #8100 P.V.P. News No. 8100 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE :; f1 E f 1140-1' 41 1.4 11,Fo�i3taA —� NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on Monday, April 10, 2006 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the fol- lowing proposed ordinance: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT. WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING I AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the proposed ordinance is to clarify the Building Code's requirement of balanced cut and fill except where a variance is granted in accordance with the Municipal Code. MUNICIPAL CODE APPLICATIONS: Section 15.04 — . Building and Construction'Code. • Pursuant to the authority and criteria contained in the • Califomia Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the proposed Building Code amendment is .exempt from the . State of California Environmental Quality Act pursuant to Section 1506.1(b) 3 of said Act.. I Any person is welcome to review the proposed -ordi— nance—prior .to the —public hearing of -the• City-- Hall Administration Building located' et 2 Portuguese Bend Road, Rolling Hills, CA.-+- - •If you challenge the approval or denial of the proposed ordinance in court, you may be limited to raising only those issues you or someone else. raised at the public hearing described in this notice, or in written correspon- dence delivered to the City Council at,- or prior to, the public hearing. • Published in the Palos Verdes Peninsula News on April 1.:2006. CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the 3154- I serve the within day of /4 O c1" , 2006, C 1t•fn' (, C 4 fitAidA:c_ 1,tezi- a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: EMAILED PVP News Also posted at City Hall. MAILED DELIVERED NONE NONE I certify (or declare) under penalty of perjury, that the foregoing is true and. correct. st- Executed on the 31 day of (11 , 2006 at Rolling Hills, California. EWA NIKODEM CLERK ek,. 0/ l2 f1,.9 Jd.•Fl, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on Monday, April 10, 2006 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following proposed ordinance: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the proposed ordinance is to clarify the Building Code's requirement of balanced cut and fill except where a variance is granted in accordance with the Municipal Code. MUNICIPAL CODE APPLICATIONS: Section 15.04 - Building and Construction Code. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the proposed Building Code amendment is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) 3 of said Act. Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Published in Palos Verdes Peninsula News on April 1, 2006. Printed on Recycled Paper.