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2500 Planning - Ordinance No 273, To Permit Import or Export of Soil to or from a Remedial RepairCONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented an explanation of the proposed Ordinance. Mayor Lay opened the continued public hearing and called for testimony. Hearing none, he closed the public hearing and called for a motion. Councilmember Pernell move that the City Council waive further reading and adopt Ordinance No. 273. Mayor Pro Tern Hill seconded the motion which carried unanimously. CONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Mayor Lay opened the public hearing and called for testimony. Hearing none Mayor Lay called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 273. Councilmember Pernell seconded the motion which carried unanimously. The public hearing was continued to the February 9, 1998 City Council meeting. • • l•,i4^;.i: S+MI(. ✓is h4 X .ti e�f.I'C �' l 2e• • • , • �•viY' ~'�''Q' oi9 o fing MAY 2 6 1998 — — . NOTE 0,31ROF, NATION 13v . - TO: County Clerk of Rolling Hills County of Los Angeles 2 Portuguese Bend Road 12400 East Imperial Highway Rolling Hills, CA 90274 Norwalk, CA 90650 FILE INCORPORATED JOIAARY g4i9g87 CLERK (310) 377-1521 DEPUTY FAX: (310) 377-7288 G. MORLA E-mail: cityofrh@aol.com SUBJECT: Filing of Notice of Determination in compliance with Section 21108 and 21152 of the Public Resources Code. ORDINANCE NO. 273 Project Title NONE LOLA UNGAR State Clearinghouse No. Lead Agency (If submitted to Clearinghouse) Contact Person CITY-WIDE, ROLLING HILLS. CA 90274, LOS ANGELES COUNTY Project Location (include county) (310) 377-1521 Area Code/Phone Project Description: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN. CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLSMUNICIPAL CODE. This is to advise that the CITY COUNCIL has approved the above described project on February 9, 1998 and has made the following determinations regarding the above described project: 1. The project [_will, • will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. • A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were, • were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [_was, • was not] adopted for this project. 5. Findings [ • were, _were not] made pursuant to the provisions of CEQA. This document is being filed in duplicate. Please acknowledge the filing date and return acknowledged copy in the enclosed self-addressed envelope. Signature (Public Agency) ry N Date received for filing: March 31, 1998 - - - PLANNING DIRECTOR. Date Title 98074972 Printed on Recycled Paper. City a/eo Pun9 .�tP INCORPORATED JANUARY 24, 1957 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF EXEMPTION De Minimus Impact Finding Project Title/Location Name and Address of Project Proponent (include county): Project Title: ORDINANCE NO. 273 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Location: CITY-WIDE, ROLLING HILLS. CA 90274, LOS ANGELES COUNTY Proponents: CITY OF ROLLING HILLS Project Description: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. Findings of Exemption (Attach Required Findings): The City Council finds that there is no evidence that the Ordinance of the City of Rolling Hills to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title •17 (Zoning) of the Rolling Hills Municipal Code will have an effect on endangered or threatened species of plants and animals. The City Council finds that the Ordinance of the City of Rolling Hills to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code will not have an effect on wetlands and that water courses will not be eliminated or converted. The City Council has determined that the Ordinance of the City of Rolling Hills to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code will not have a significant adverse impact on the environment and has adopted a Negative Declaration consistent with the provisions of the California Environmental Quality Act (CEQA). Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as in Section 711.2 of the Fish and Game Code. LOLA UNG (Chief Planning Official) Title: Lead Agency: Date: Planning Director City of Rolling Hills March 31, 1998 98074972 Printed on Recycled Paper. STATE OF CAUFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT1 4 k s Date:`I 0 �( � OFG 753.5• (6.91 Lead Agency: County/State Agency of g: Project Title: 74972 Los Angeles County Document No.: Project Applicant Name: Phon`e(�I4;;11.63-7D4 f �� (/C�� Project Applicant Address: O l� � I , 1 l l tX 11 ��j Project Applicant (check appropnate box).' Local Public Agenc School Distrit�f ❑ Other Special District ❑ CHECK APPLICABLE FEES: () ( ) ( ) ( ) State Ageny 0 Private Entity 0 Environmental Impact Report Negative Declaration Application Fee Water Diversion (State Water Resources Control Board Only) Projects Subject to Certified Regulatory Programs County Administrative Fee Project that is exempt from fees Signature and title of person receiving payment : $850.00 $ $1,250.00 $ $850.00 $ $850.00 $ $25.00 $ TOTAL RECEIVED FIRST COPY -PROJECT APPLICANT SECOND COPY-DFG/FASB THIRD COPY -LEAD AGENCY FOURTH COPY-COUNTY/STATE AGENCY OF FIUNG CITY OF ROLL-- ' (ILLS Los Angeles County Clerk_ INVOICE NO GROSS AMT Oridnanc 274 25.00 Audited and approved for payment : NUMBER 11702 160 Apr 13 98 DISCOUNT NET 0.00 25.00 25.00 CCUNTY OF LOS AEGEL.ES REGISTRAR -RECORDER/ COUNTY CLERK 04/16/98 2:16°'M CO2#0041 A 15 /G INN #0000000098074972 COUNTY FEE $2:,.00 I ;XTETAL X 'U 25 .. O 'P`. &HECK $25.00 CHPX3E 50.00 Cu,o/R0/fi y Jl.•fF NOTICE OF DETERMINATION TO: County Clerk County of Los Angeles 12400 East Imperial Highway Norwalk, CA 90650 ORIGINAL FILED INCORPORATED JAVAj Y 12v l 38 NO. 2 POfa7UCiTJ1LAL 116 CLERK FROM: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 ROLLING HILLS, CALIF. 90274 (310) 3)77.1521 7ifIN FAX : cliko fr ad.co I 8 I: �f aou cov tJ APR 2 0 1998 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 and 21152 of the Public Resources Code. CITY' OF ROLLING HILLS ORDINANCE NO. 273 Project Title NONE LOLA UNGAR (310) 377-1521 State Clearinghouse No. Lead Agency Area Code/Phone (If submitted to Clearinghouse) Contact Person CITY-WIDE, ROLLING HILLS. CA 90274, LOS ANGELES COUNTY Project Location (include county) 3v Project Description: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF '1'1'TLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. This is to advise ,that . the CITY COUNCIL has approved the above described project on February 9, 1998 and has made the following determinations regarding the above described project: 1. The project [_will, IN will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. • A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were, • were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [_was, • was not] adopted for this project. 5. Findings [ • were, _were not] made pursuant to the provisions of CEQA. This document is being filed in duplicate. Please acknowledge the filing date and return acknowledged copy in the enclosed self-addressed envelope. Signature (Public Agency) Date received for filing: March 31, 1998 Date PLANNING DIRECTOR Title. 98074972 ®Printed on Recycled Paper. Cay INCORPORATED JANUARY 24, 1957 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF EXEMPTION De Minimus Impact Finding Project Title/Location Name and Address of Project Proponent (include county): Project Title: ORDINANCE NO. 273 Location: Proponents: Project Description: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377-7288 E-mail: cityofrh@aol.com CITY-WIDE, ROLLING HILLS. CA 90274, LOS ANGELES COUNTY CITY OF ROLLING HILLS AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. Findings of Exemption (Attach Required Findings): The City Council finds that there is no evidence that the Ordinance of the City of Rolling Hills to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code will have an effect on endangered or threatened species of plants and animals. The City Council finds that the Ordinance of the City of Rolling Hills to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code will not have an effect on wetlands and that water courses will not be eliminated or converted. The City Council has determined that the Ordinance of the City of Rolling Hills to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code will not have a significant adverse impact on the environment and has adopted a Negative Declaration consistent with the provisions of the California Environmental Quaii ty Act (CEQA). Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as in Section 711.2 of the Fish and Game Code. LOLA UNG (Chief Planning Official) Title: Lead Agency: Date: Planning Director City of Rolling Hills March 31, 1998 Printed on Recycled Paper. ORDINANCE NO. 273 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3: The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b)' that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either' the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDINANCE NO. 273 PAGE 1 (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet); and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger.' Section 5. Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "Section 17.16.230 Balanced grading required. Per the _requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless' otherwise permitted by the provisions of Title 15 of this Code. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15 of this Code." ORDINANCE NO. 273 PAGE 2 1 s4 PASSED AND APPROVED ON THE 9TH DAY OF FEBRUARY, 1998. . ALLEN ) MAYOR ATTEST: MARILYN KERI , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 9, 1998 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None . ABSENT: Councilmember Heinsheimer ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices . DEPUTY CITY CUERK ORDINANCE NO. 273 PAGE 3 MEMORANDUM Cuy e/ leo PPng 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 TO: PEGGY MINOR, RHCA MANAGER FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. CONSIDERATION OF PROPOSED ORDINANCE NO. 274: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, THE AMENDMENT OF TITLE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. DATE: FEBRUARY 10, 1998 At the City Council meeting held Monday, February 9, 1998, the City Council adopted the attached Ordinances. These will become effective on March 11, 1998. If you have any questions, please do not hesitate to let me know. Thank you for your cooperation. CRN:mlk rhcaord273/274.mem ®Printed on Recycled Paoer. f ORDINANCE h.,. 473 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1, On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Coundl of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 7015.4 BALANCED CUT AND FTLL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDINANCE NO. 273 PAGE 1 r (a) the project does not require a grading peranit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet); and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger.' Section 5, Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: 'Section 1504.170 Section 7016.9 added. Section 7016 of the Building Code, entitled 'Fills,' is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the Gty, unless otherwise permitted by the provisions of Title 15 of this Code. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15 of this Code.' ORDINANCE NO. 273 PAGE 2 hfs PASSED AND APPROVED ON THE 9Th DAY OF FEBRUARY, 1998. . ALLEN LRY/MAYOR ATTEST: Lk Allfrj MARILYN KERI , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 9, 1998 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLIERIC ORDINANCE NO. 273 PAGE 3 ORDINANCE NO. 274 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, THE AMENDMENT OF TITLE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1, At a public hearing on November 18, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to require that property that is scarred by geological excavation be returned to its natural contours, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to require that property that is scarred by geological excavation be returned to its natural contours. Section 3. Section 15.04.120 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills. Municipal Code is amended to read as follows: "Section 15.04.120 Section 7003.1 amended. Section 7003 of the Building Code, entitled "Grading Permits," is amended to revise subsections 7003.1 (1) and (11) to read: Section 7003.1: A person shall not perform any grading without first obtaining a grading permit to do so from the Building Official. A separate permit shall be obtained for each site. EXCEPTIONS: A grading permit shall not be required for: (1) An excavation and/or fill or a combination thereof which is less than three feet in depth below the existing ground surface, provided that said excavation and/or fill or combination thereof which is less than three feet in depth does not cover more than 2,000 square feet of existing ground surface. (11) Exploratory excavations under the direction of soils engineers or engineering geologists. Property shall be restored to the condition that existed prior to excavations, to the maximum extent practicable, following exploratory excavations and within the time period, if any, specified by the City Manager or designee. Section 4. Section 17.16.240 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone) of Title 17 (Zoning) of the Rolling Hills Municipal Code is added to read as follows: "Section 17.16.240 Exploratory excavations. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), property shall be restored to the condition that existed prior to excavations, to the maximum extent practicable, following exploratory excavations and within the time period, if any, specified by the City Manager or designee." PASSED AND APPROVED ON THE 9TH DAY OF . BR : , , 199 B. AL Y, MAYOR ORDINANCE NO. 274 PAGE 1 r ATTEST: • f .k MA LYh K , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 274 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, THE AMENDMENT OF TITLE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 9, 1998 by the following roll call vote: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. None. Councilmember Heinsheimer. None. AYES: NOES: A BSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY LE 1 /1-J ORDINANCE NO. 274 PACE 2 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 %/ Zti serve the within day of Of -d ND- (Q-73 , 1998 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: FAXED MAILED DELIVERED Also posted at City Hall. I'certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the , l day of a- , 1998 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK ORDINANCE NO. 273 AN ORDINANCE OF THE CITY OF ROLLING I-IILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code,' entitled "Excavations," is amended to read as follows: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed .500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDINANCE NO. 273 PAGE 1 (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet); and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ' (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) of the Rolling Hills Municipal Codeis amended to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), • A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15 of this Code. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15 of this Code." ORDINANCE NO. 273 PAGE2 PASSED AND APPROVED ON THE 9TH DAY OF FEBRUARY, 1998. B. ALLEN I QAYOR ATTEST: nr. MARILYN KERI EPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS )§§ I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 9, 1998 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None . ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: . Administrative Offices 4).1,1_) DEPUTY DEPUTY CITY C ! RK ORDINANCE NO. 273 PAGE 3 Cay 0/ JUL 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-B Mtg. Date: 02/09/98 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. DATE: FEBRUARY 9, 1998 At the January 26, 1998 City Council meeting, Councilmembers introduced Ordinance No. 273. Attached is the staff report presented at that meeting. Ordinance No. 273 is presented this evening for consideration of second reading and adoption. RECOMMENDATION It is recommended that members of the City Council open the continued public hearing, take public testimony, close the public hearing and consider Ordinance No. 273 for second reading and adoption. CRN:mlk ord272/273.sta 00 Printed on Recycled Paper. DRAFT ORDINANCE NO. 273 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING. HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: . "Section 15.04.150 Section 7015.4 added. Section 7015 of. the Building Code, entitled "Excavations," is amended to read as follows: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDINANCE NO. 273 PAGE 1 DRAFT (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil. could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import -or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit. (a cut'that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet); and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and ORDINANCE NO. 273 PAGE2 C1:-)Cd DRAFT (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15 of this Code. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15 of this Code." PASSED AND APPROVED ON THE 9TH DAY OF FEBRUARY, 1998. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK ORDINANCE NO. 273 PAGE 3 DRAFT STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 9, 1998 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. 273 PAGE 4 DATE: TO: ATTN: FROM: SUBJECT: Cay ofiellin9 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.: 7.B. Mtg. Date: 1/26/98 JANUARY 26, 1998 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PLANNING DIRECTOR CONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF ITILE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF Ill LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-29, dated November 18, 1997, is attached recommending to the City Council an ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. The resolution was unanimously approved 5-0. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from ary lot in the City except during construction development and then, too, only under certain circumstances. All soil for construction projects is required to be balanced on site and import or export of soil is prohibited except during the construction of a structure and limited to 500 cubic yards. REMEDIAL REPAIR PAGE 1 ®Panted on Recycled Paper The proposed ordinance will allow the City Manager to grant an exception to the requirements of the balanced cut and fill ratio to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail with the support of written reports and other information submitted, that the project does not require a grading permit, and that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger. The proposed ordinance will add Paragraph 4 to Sections 15.04.150 (Excavations) and 15.04.170 (Fills) of the Building and Construction Code and add Paragraph B to Section 17.16.230 to the Zoning Code. A resolution recommending the amendment is attached. The proposed ordinance additions to Section 15.04.150 (Excavations) and 15.04.170 (Fills) are: "4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." The proposed ordinance additions to Section 15.04.170 (Balanced grading required) are: "B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, •unless otherwise permitted by the provisions of Title 15." After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will not have a significant effect on the environment. Accordingly, a Negative Declaration has been prepared. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance and CEQA exemption, open the public hearing, take public testimony, and introduce Ordinance No. 273. REMEDIAL REPAIR PAGE 2 RESOLUTION NO. 97-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal. Code. Section 3. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations/' is amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and RESOLUTION NO. 97-29 PAGE 1 of 4 (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 4. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic RESOLUTION NO. 97-29 PAGE 2 of 4 yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. The Planning Commission recommends that the City Council amend Title 17(Zoning) to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." Section 6. The Deputy City Clerk shall transmit a copy of this Resolution to the City Council. PASSED, APPROVED AND ADOPTED ON THE 18TH : • Ns MBER, 1997. AL N ROBERTS, CHAIRMAN ATTEST: MAUI. KE N, DEPUTY CITY CLERK RESOLUTION NO. 97-29 PAGE 3 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 97-29 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on November 18, 1997 by the following roll call vote: Commissioners Hankins, Margeta, Sommer, Witte and Chair Roberts. NOES: None. ABSENT: None. ABSTAIN: None. AYES: and in compliance with the, laws of California was posted at the following: Administrative Offices DEPUTY CITY C ERK RESOLUTION NO. 97-29 PAGE 4 of 4 DRAFT ORDINANCE NO. 273 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF 1'1'1"LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998. and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDNANCE NO. 273 PAGE 1 DRAFT (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) is amended to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2of. this paragraph to allow for the import or export of soil not to exceed 500 cubic yards 'if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and ORDINANCE NO. 273 PAGE 2 DRAFT (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) is amended to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of • hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." PASSED AND APPROVED ON THE _TH DAY OF , 1998. B..ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK ORDINANCE NO. 273 PAGE3 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on 1998 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. 273 PAGE 4 • DEC 191997 CITY OF ROLLING HILLS . C'4 01 R0//n 2*, Ifs) O ANa TUOUESE SEND ROAD NOV `F HILLB CALI/. 90274 COUNTY C NEG ECLARAMi-. AND NOTICE OF PUBLIC HEARING PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNIA pig 377.1621 C'D NhV 0 �, 1997 COUNTY CLERK 9- .- DEP1JT' NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Rolling Hills wll Ned a Public Hearing at 7:30 PM on Tuesday, November 18, 1997 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: (1) CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO ESTABLISH CONSISTENT SIDE YARD SETBACKS IN THE RA -S-1 ZONE AND IN THE RA -S-2 ZONE AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (3) CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RETURNED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL 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 Lead Agency has analyzed the projects and determined that the projects will not have a significant impact on the environment. Based on this finding, the Lead Agency prepared this NEGATIVE DECLARATION. FINDINGS OF NO SIGNIFICANT EFFECT: BASED ON EACH OF THE INTTTAL STUDIES, AND CONDITION(S) (IF APPLICABLE), IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. A period of at least 20 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications, the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the proposed Zoning Code amendment is on file in the offices of The City of Rollin Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274. THIS NOTICE WAS Date: October 24, 1997 ON NO (EM UNTIL DECE REGISTRAR-RECORDER/COUNTY CLERK irector 9'7065819 ®o, riot, on MCtic'eo oSoo, • • Ci4 O /p/t4n A INCORPORATED JANUARY 24, 1957 NEGA IV DECLARATION NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1621 FAX (310)377-728e E-meit cltyofrheeo&oom A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, AMEND TITLE 15 (BUILDR I AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. MUNICIPAL CODE APPLICATIONS: Section 17.50.020 - Amendments to the Zoning Code. The City of Rolling Hills proposes to amend Title 17 of the Zoning Code to be located City-wide in Rolling Hills. CA and to be implemented by the City of Rolling Hills. The request is briefly described as an ordinance to permit the import or export of soil to or from a lot for remedialrepair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend title 17 (Zoning) of the Rolling Hills Municipal 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 Lead Agency has analyzed the project and determined that the project will aol have a significant impact on the environment. Based on this finding, the Lead Agency prepared this NEGATIVE DECLARATION. FINDINGS OF NO SIGNIFICANT EFFECT: BASED ON THE INITIAL STUDY, AND CONDITION(S) (IF APPLICABLE), IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. A period of at least 20 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications, the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the proposed Zoning Code amendment is on file in the offices of The City of Rolling Hills. 2 Portuguese Bend Road. Rolling Hills. CA 90274. Date: October 24, 1997 By: Lola Ungar, Plan r 1 ' g Director 9'7065819 ® P..nted on Recycled Pape. Hwy 118 Santa Monica Mountains SANTA MONICA 7 C-, C-, „I /a/ ii t„ ?0 San Gabriel Mountains PASADENA LONG BEACH I.10 0 6 (Lt 4 North scale in miles // •210 WHITTIER 4. ►► y 22„,, SOURCE: CBA RO& 9 .y+lk 97065819 Vicinity Map JUNE 25, 1990 Cao//2//, Jh/h INCORPORATED JANUARY 24, 1957 APPENDIX I CITY OF ROLLING HILLS PLANNING DEPARTMENT INITIAL STUDY QUESTIONNAIRE NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 E-maIt cltyofrtt@aolcom APPLICATION NO: PROPOSED REMEDIAL SOIL REPAIR ORDINANCE NAME & ADDRESS OF APPLICANT: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, Ca 90274 LOCATION OF PROJECT: City -Wide PROPOSED PROJECT: The City proposes to adopt an ordinance that would address the need to move soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. ASSESSOR'S BOOK, PAGE & PARCEL NOS.: City -Wide EXISTING GENERAL PLAN LAND USE DESIGNATION: Residential Agricultural -Suburban - 1 & 2 acre minimum net lot area. EXISTING ZONING: RA -S-1 & RA -S-2, Residential Agricultural -Suburban - 1 & 2 - Acres PROPOSED ZONING: SAME PRESENT LAND USE: Single family residential and tree, bush or field crops. LOCATION MAP: Attached. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1i -1 97065819 ® Ponied on Recycled Pape, I. APPLICABILITY OF THE INITIAL STUDY A. Is the proposed action a 'project as defined by CEQA? (See Section I. of the City's CEQA Guidelines. If more than one application is filed on the same site, consider them together as one project). _Yes No 1. If the project qualifies for one of the Categorical Exemptions listed in Section I.C. of the City's CEQA Guidelines, is there a reasonable possibility that the activity will have a significant effect due to special circumstances? Yes No X N/A 11. INITIAL STUDY REVIEW A. Does the project require a 30 -day State Clearinghouse review for any of the following reasons? Yes X No. 1.. The lead agency is a state agency. 2. There is a State 'responsible agency (any public agency which has discretionary approval over the project). 3. There is a State 'trustee agency' (Califomia Department of Fish and Game, State Department of Parks and Recreation, University of Califomia, and State Lands Commission). 4. The project is of Statewide or areawide significance including the following: (A) A proposed local general plan, element, or amendment thereof for which an EIR was prepared. (6) A project which would interfere with the attainment or maintenance of State or national air quality standards including: (1) A proposed residential development of more than 500 dwelling units. (2) A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space. 97065819 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -2 • (3) Commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space. (4) A proposed hotel/motel development of more than 500 rooms. (5) A proposed industrial, manufacturing or processing plant, or industrial park planned to house more than 1,000 persons occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. (C) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian for rare and endangered species as defined by Fish and Game Code Section 903. (D) A project which would interfere with attainmentof regional water quality standards as stated in the approved areawide waste water management plan. M. PROJECT ASSESSMENT A. Project Description: The City proposes to adopt an ordinance that would address the need to move soil to or from a lot for remedial repairs of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. B. Description of the Project Site: (Describe the project site as it exists at the present time, including information on topography, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and use of the structures.) The City of Rolling Hills is a 3 square mile entirely residential community consisting of large estate -size single story ranch style residences with agricultural outbuildings. The surrounding areas of the homesites consist of undulating hillsides and knolls covered by grasses and mature shrubs and trees, with some areas being heavily wooded. Native birds and animals frequent the area such as sparrows, crows, raccoons, possum, skunks, gophers, and an occasional fox. C. Surrounding Land Uses: The surrounding neighboring cities consist of residential building sites with some light commercial aspects. The residential areas also consist 9f4r8g ltjnA PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -3 hillsides and knolls covered by grasses and mature shrubs and trees with some areas being heavily wooded. The same native birds and animals frequent the area such as sparrows, crows, raccoons, possum, skunks, gophers, and an occasional fox. D. Is the proposed project consistent with: City of Rolling Hills General Plan Applicable Specific Plan City of Rolling Hills Zoning Ordinance South Coast Air Quality Management Plan Congestion Management Plan • Regional Comprehensive Plan Yes No N/A X X X E. Have any of the following studies been submitted? Geology Report Hydrology Report Soils Report Traffic Study Noise Study Biological Study Native Vegetation Preservation Plan Solid Waste Generation Report Public Services/ Infrastructure Report PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I-4 X Historical Report Archaeological Report Paleontological Study Line of Sight Exhibits Visual Analysis Slope Map Fiscal Impact Analysis Air Quality Report Hazardous Materials/Waste 97065819 IV. DETERMINATION On the basis of this initial evaluation: (Select one) X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a 'potentially significant impact' or 'potentially significant unless mitigated.' An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. This initial study was prepared by: Date: October 20, 1997 LOLA M. UNGAR, PLANNING DIRECTOR [Signature] 97065819 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -5 V. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or (Mitigated) Negative Declaration. In this case a discussion should identify the following: A. Earlier analyses used. Identify earlier analyses and state where they are available ,for review. B. Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable. legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C. Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. PROPOSED REMEDIAL. SOIL REPAJR ORDINANCE I -6 97065819 EVALUATION OF ENVIRONMENTAL IMPACTS: VI. A brief explanation Is required for al answers except No Impact' answers that are adequately supported by the Information sources a lead agency cites in the parentheses following each question. A 'No Impact' answer Is adequately supported if the referenced information sources show that the Impact simply does not apply to projects like the one involved (e.g. the project falls outside a faun rupture zone). A 'No Impact' answer should be explained where it is based on project -specific factors as wel as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). VII. Alt answers must take account of the whole action involved, inducting off -site as wel as on -site, cumulative as wel as project -level, indred as well as dired, and construction as wel as operational impacts. VIII. 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. IX. 'Potentially Significant Unless Mitigation Incorporated' applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a 'Less than Significant Impact.' The lead agency must descnbe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section V, 'Earlier Analysis,' above may be cross-referenced). X. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. See Section 15063(c)(3)(D) of the State CEQA Guidelines. Earlier analyses are discussed in Section V, above. XI. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Issues (and Supporting Information Sources): PF63r6aly Potential y S+ cant Less Than Impact Inca:coated Impact Impact I . LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 0 Q 0 0 b) Conflict with applicable environmental plans or 0 0 0 0 polices adopted by agencies with jurisdiction over the project c) Be incompatible with existing land use in the 0 0 0 D vicinity? d) Affect agricultural resources or operations (e.g. 0 0 0 impacts to soils or farmlands, or impacts from incompatible Land uses)? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -7 97065819 • Patentsly S=rit Potentaey Less Then =it trorporsteIgUgaticind : S�nt No Impact e) Disrupt or divide the physical arrangement of an 0 O . 0 established community (including a low-income or minority community)? II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local O O O population projections? b) Induce substantial growth in an area either 0 O a directly or Indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 housing? III. GEOLOGICAL PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? 0 0 0 b) Seismic ground shaking? 0 ® O ❑ c) Seismic ground failure, including liquefaction? 0 0 0 d) Seiche, tsunami, or volcanic hazard? 0 0 0 e) Landslides or mudffows? 0 El 0 0 f) Erosion, changes in topography or unstable soil 0 Q 0 0 conditions from excavation, grading, or fill? g) Subsidence of the land? h) Expansive soils? 0 0 i) Unique geologic or physical features? 0 ❑ 0 O 0 ❑ 0 IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 ❑ 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related ❑ hazards such as flooding? c) Discharge into surface water or other alteration 0 0 0 of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 water body? e) Changes in currents, or the course or direction of 0 O water movements? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -8 a 0 O 0 0 9'7065819 Potential+, Potentlal Si=ard ss Then y LAW S�nt tnoorporated Sig f) Change in the quantity of ground waters, either 0 E. ❑ 0 through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? 0 ❑ 0 h) Impacts to groundwater quality? 0 0 0 i) Substantial reduction in the amount of 0 0 0 groundwater otherwise available for public water supplies? V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 c) Atter air movement. moisture, or temperature, or 0 ❑ cause any change in climate? d) Create any objectionable odors? 0 0 VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 b) Hazards to safety from design features (e.g., 0 0 0 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 nearby uses? d) Insufficient parking capacity on -site or off -site? 0 0 0 e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 f) Conflicts with adopted policies supporting 0 0 0 alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their ❑ 0 habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees)? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -9 ❑ ❑ No Impact 0 0 0 0 0 0 0 0 0 0 97065819 Potentteiy Less Than $� ifrfi or died S impact If4ad c) Locally designated natural communities (e.g., 0 .0 • ® 0 oak forest, coastal habitat, etc.)? - ` d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 ® 0 Pte)? e) Wildlife dispersal or migration corridors? 0 0 ® 0 VI11. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 plans? b) Use non-renewable resources in a wasteful and 0 0 0 inefficient manner? c) Result in the loss of availability of a known 0 0 0 mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 ' hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 health hazard? d) Exposure of people to existing sources of 0 0 0 potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 brush, grass, or trees? X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 0 b) Exposure of people to severe noise levels? 0 0 Xl. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ 0 O b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -1 0 0 o O o o O O O O O O 0 ❑ CI 0 0 97065819 XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or suppfles, or substantial alterations to the following utilities: a) b) c) d) e) f) g) Power or natural gas? Communications systems? Local or regional water treatment or distribution facilities? Sewer or septic tanks? Storm water drainage? Solid waste disposal? Local or regional water supplies? 0 0 0 0 0 0 0 XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? 0 b) Have a demonstrable negative aesthetic effect? 0 c) Create fight or glare? XIV. CULTURAL RESOURCES: Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreations facilities? b) Affect existing recreational opportunities? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -1 1 0 0 0 0 0 0 0 0 St iSally Mitigation nt Incorpccated 0 O 0 0 O 0 0 0 0 0 0 0 0 0 0 Less Than 0 O 0 0 0 0 0 0 0 ❑ r 0 0 0 0 0 0 0 No Impact El El a 0 D El 0 97065819 XVI. MANDATORY FINDINGS OF SIGNIFICANCE *' r n a) Does the project have the potential to degrade O 0 0 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important example of the major period of California history or prehistory? XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade O 0 0 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important example of the major period of California history or prehistory? b) Does the project have the potential to achieve 0 0 0 short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are 0 0 0 individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects.) d) Does the project have environmental effects O 0 0 which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier Analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. See Section 15063(c)(3)(D) of the State CEQA Guidelines. In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. 0 0 0 0 0 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -1 2 97065819 b) Impacts adequately addressed. Identify,which effects from the above checldist were within the scope of and adequately analyzed in an'earfier 7- document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. a Sfar nt Ircaportiod MitSgallon Less mien fmPect= impel a 0 c) Mitigation measures. For effects that are 'Less 0 0 0 0 than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project The following analysis is a description of the findings contained in the Evaluation Of Environmental Impacts Issues Checklist Form which preceded this page. A detailed discussion of all potential environmental impacts checked "Potentially Significant Impact," "Potentially Significant Unless Mitigation Incorporated," and "Less Than Significant Impact" is provided, along with appropriate mitigation measures. ENVIRONMENTAL IMPACTS Item I. LAND USE AND PLANNING a. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from any lot in the City except during construction development and then, under certain circumstances. All soil for construction projects is required to be balanced on site. But, the City Manager may grant an exception during construction development to allow for import or export of soil not to exceed 500 cubic yards, based upon written reports and other information submitted that: (a) construction of a structure on a lot has commenced, (b) the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. For projects that require a grading permit (a cut that exceeds three feet or a fill that exceeds three feet or covers more than 2,000 square feet) Site Plan Review is required. The resultant impact on Land Use and Planning will be less than significant. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -13 97065819 Mitigation Measures 1. In conformance with local ordinances and engineering practices, the ordinance shall address the special circumstances of a remedial nature when soil that does not require a grading permit may be imported or exported to or from any lot in the City. Item M. GEOLOGICAL PROBLEMS, b., e-i. Although approval of the proposed ordinance will not result in unstable earth conditions or in changes in geologic substructures, it should be noted that portions of the City exhibit unstable earth conditions, including active landslides and soil creep. The Land Use Element of the General Plan establishes a Landslide Hazard Overlay to carefully regulate development in unstable areas. Because the City is located in seismically active Southern California, development is exposed to potential groundshaking in the event of an earthquake. The Palos Verdes fault, considered potentially active, is located approximately one mile northeast of the City. Although approval of the ordinance will not result in future disruptions, displacements, compaction, or overcrowding of the soil, during future remedial repair of hillsides and trails, these will occur in order to preserve the integrity of each individual property. Any displacement and recompaction of the soil will be required to conform with local ordinances and engineering practices and should not cause a significant environmental impact. Also, during future remedial repair that involves the movement of soil to or from any property in the City, there will be removal of natural vegetative cover, potentially causing an increase in soil erosion by wind action or storm water runoff. This reduction of vegetative cover and the increased runoff associated with the movement of soil may cause a slight increase in the soil deposition, siltation, or erosion in or near the ocean. As the movement of soil is limited to the remedial repair of a hillside or trail, related erosion impacts will be less than significant. Mitigation Measures 2. The ordinance is proposed to mitigate potentially hazardous soil problems and future remedial repair shallbe required to conform with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence. 3. The ordinance as proposed shall require that approvals for the movement of soil to or from any property for remedial repair of a hillside or trail shall include the requirement that remediated hillsides be reseeded with native drought tolerant vegetation and that trails be compacted. PROPOSED REMEDIAL SOIL. REPAJR ORDINANCE I -14 97065819 Item IV. WATER b. No major floodplains exist in the City, and structural development is not permitted in the canyon areas most likely to be affected by flooding. No open bodies of water occur within the City, thus no such hazard exists. Mitigation Measures 4. The ordinance is proposed to mitigate potentially hazardous soil problems and future remedial repair shall be required to conform with local ordinances and engineering practices so that people or property are not exposed to water related hazards such as flooding. Item V. AIR QUALITY a -d. Although the proposed ordinance will not violate any air quality standard or contribute to an existing or projected air quality violation, future remedial repair of a hillside or trail will generate slight increases in vehicle trips during the movement of soil for remedial repair. The resultant impact on air quality will be less than significant. Item VI. TRANSPORTATION/CIRCULATION a. Although, the proposed ordinance will not increase vehicle trips or traffic congestion, there will be slight increases in vehicle trips during future remedial repair of a hillside or trail that will occur in order to preserve the integrity of each individual property. The resultant impact on transportation/circulation will be less than significant. Item VII. BIOLOGICAL RESOURCES a -e. Although the proposed ordinance will not effect biological resources, future remedial repair of hillside and trail failures on individual lots may reduce the amount of native vegetation and is addressed in Mitigation No. 3. In addition, the General Plan and Zoning Code set forth policies which encourage the retention and use of native drought tolerant vegetation in landscaping. No known rare and endangered species of plants exist in the City. The impact of the proposed ordinance will be less than significant. The City consists of large lot, estate density development that requires the retention of substantial amounts of existing habitat. The only animal listed by the Federal Govemment is the Palos Verdes Blue, a butterfly which had not been seen in the Rolling Hills area since May, 1986. In 1994, the Palos Verdes Blue was seen at the nearby San Pedro Fuel Depot Station where its natural habitat PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -1 5 97065819 is being restored. Several other animals do occur, however, that are considered as candidates for protection by either the Federal Government or the State Government. Recently, the California gnatcatcher was added to the list of endangered species and, in a recent census, pairs were located in the adjacent City of Rancho Palos Verdes. Other target species for the Rancho Palos Verdes Peninsula Area that are being studied by the State of California Department of Fish and Game are the Cactus Wren and the Coast Homed Lizard. The impact of the proposed ordinance will be less than significant. Item X. NOISE. a -b. Although approval of the proposed ordinance will not result in increased noise levels, future remedial repair of a hillside or trail will result in intermittent loud noise levels during the movement of soil. Any construction noise will be required to conform with local ordinances and engineering practices and should not cause a significant environmental impact. (- PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I-16 97065819 IT City oil /,/In //6 INCORPORATED JANUARY 24, 1957 HEARING DATE: NOVEMBER 18, 1997 TO: FROM: SUBJECT: NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90271 (310) 377.1521 FAX (310) 377.7288 E-mail cityofrh@ad.com HONORABLE MEMBERS OF THE PLANNING COMMISSION LOLA M. UNGAR, PLANNING DIRECTOR CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF I1'1 LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from any lot in the City except during construction development and then, too, under certain circumstances. All soil for construction projects is required to be balanced on site and import or export of soil is prohibited except during the construction of a structure and limited to 500 cubic yards. The proposed ordinance will allow the City Manager to grant an exception to the requirements of the balanced cut and fill ratio to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail with the support of written reports and other information submitted, that the project does not require a grading permit, and that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger. The proposed ordinance will add Paragraph 4 to Sections 15.04.150 (Excavations) and 15.04.170 (Fills) of the Building and Construction Code and add Paragraph B to Section 17.16.230 to the Zoning Code. A resolution recommending the amendment is attached. REMEDIAL REPAIR PAGE 1 ®P,utted or Recycled Pape. The proposed ordinance additions to Section 15.04.150 (Excavations) and 15.04.170 (Fills) are: "4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to .exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditionsare present: (a) the project does not require a grading permit' (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger." The proposed ordinance additions to Section 15.04.170 (Balanced grading required) are: "B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted. by the provisions of Title 15." reviewing the initial study for the proposed ordinance, staff has determined After e g p p that this ordinance will not have a significant effect on the environment. Ih Accordingly, a Negative Declaration has been prepared. RECOMMENDATION It is recommended that the Pla'nning;Commission give direction to staff regarding remedial repair of hillsides or trails.'- The Commission may review and adopt the attached resolution or the Commission may allow the existing Building and Zoning Codes to be sustained. REMEDIAL REPAIR PAGE2 MEMORANDUM City f eo!!,•,.s Jh/h 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 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ORDINANCE NO. 272 AMENDING SIDE YARD SETBACK REQUIREMENTS FROM 20 TO 25 FEET IN THE RA -S-1 ZONE, AND REESTABLISHING SIDE YARD SETBACKS IN THE RA -S-2 ZONE AT 35 FEET, EXCLUSIVE OF EASEMENT DIMENSIONS. ORDINANCE NO. 273 PERMITTING THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES. ORDINANCE NO. 274 REQUIRING THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS. DATE: JANUARY 27, 1998 At the regular meeting of the Rolling Hills City Council held Monday, January 26, 1998, the City Council introduced all three of these Ordinances as recommended by the Planning Commission. These Ordinances will be considered for adoption at the City Council meeting of February 9th. If you have any questions, please do not hesitate to let me know. CRN:mlk 0127/98pcord.mem fa Printed on Recycled Paper. 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 MEMORANDUM TO: PEGGY MINOR, RHCA MANAGER FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ORDINANCE NO. 273: AN ORDINANCE, OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. DATE: JANUARY 27, 1998 Attached to this memorandum is the staff report that was presented to the City Council on January 26, 1998, for consideration of introduction of Ordinance No. 273. To summarize, this Ordinance establishes a process where property owners can approach the City staff to request importation or exportation of soil, not to exceed 500 cubic yards, for the remedial repair of a hillside or trail assuming that this soil activity does not require a grading permit. The purpose of this Ordinance is to allow remedialrepair of trails or hillsides that have been damaged by erosion or other soil activity. This Ordinance will be considered for adoption by the City Council at their regular meeting to be held on Monday, February 9, 1998. If you have any questions, please do not hesitate to let me know. CRN:mlk 01/27/98nccaord.mem Printed on Recycled Paper. DATE: TO: ATTN: FROM: SUBJECT: City ,,/ Rolling 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.: 7.B. Mtg. Date: ,1/26/98 JANUARY 26, 1998 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PLANNING DIRECTOR CONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF 1T1LE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF IlILE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-29, dated November 18, 1997, is attached recommending to the City Council an ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. The resolution was unanimously approved 5-0. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from ary lot in the City except during construction development and then, too, only under certain circumstances. All soil for construction projects is required to be balanced on site and import or export of soil is prohibited except during the construction of a structure and limited to 500 cubic yards. REMEDIAL REPAIR PAGE 1 Pnnted on Recycled Paper The proposed ordinance will allow the City Manager to grant an exception to the requirements of the balanced cut and fill ratio to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail with the support of written reports and other information submitted, that the project does not require a grading permit, and that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger. The proposed ordinance will add Paragraph 4 to Sections 15.04.150 (Excavations) and 15.04.170 (Fills) of the Building and Construction Code and add Paragraph B to Section 17.16.230 to the Zoning Code. A resolution recommending the amendment is attached. The proposed ordinance additions to Section 15.04.150 (Excavations) and 15.04.170 (Fills) are: "4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." The proposed ordinance additions to Section 15.04.170 (Balanced grading required) are: "B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will not have a significant effect on the environment. Accordingly, a Negative Declaration has been.prepared. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance and CEQA exemption, open the public hearing, take public testimony, and introduce Ordinance No. 273. REMEDIAL REPAIR PAGE 2 RESOLUTION NO. 97-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal. Code. Section 3. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and RESOLUTION NO. 97.29 PAGE I of 4 (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger.' 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 4. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic RESOLUTION NO. 97.29 PAGE 2of4 yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut' that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. The Planning Commission recommends that the City Council amend Title 17(Zoning) to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." Section 6. The Deputy City Clerk shall transmit a copy of this Resolution to the City Council. PASSED, APPROVED AND ADOPTED ON THE 18TH MBER, 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KE N, DEPUTY CITY CLERK RESOLUTION NO. 97.29 PAGE 3 of 4 STATE.OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 97-29 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM •A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on November 18, 1997 by the following roll call vote: Commissioners Hankins, Margeta, Sommer, Witte and Chair Roberts. AYES: NOES: ABSENT: None. None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY C �RK RESOLUTION NO. 97-29 PAGE 4 of 4 DRAFT ORDINANCE NO. 273 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF 1TTLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be.permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDINANCE NO. 273 PAGE 1 DRAFT (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) is amended to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and ORDINANCE NO. 273 PAGE2 DRAFT (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zonej of Title 17 (Zoning) is amended to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." PASSED AND APPROVED ON THE _TH DAY OF , 1998. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK ORDINANCE NO. 273 PAGE3 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at 'a regular meeting of the City Council on 1998 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. 273 PAGE 4 a • DEC 191997 r CITY OF ROLLING HILLS • Cry •• 14e7N 'b»»o/ g ...ndtielforyint 24, pm NOV 0 s utst BEND ROAD k CAl'f. 00274 NEG ECLARAlli AND NOTICE OF PUBLIC HEARING PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNIA NOV 0., 1997 COUNTY �� K C'D NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Rolling Hills will hold 'a EP/1P Public Hearing at 7:30 PM on Tuesday, November 18, 1997 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: r, (1) CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING:HILL'S TO ESTABLISH CONSISTENT SIDE YARD SETBACKS IN THE RA -S-1 ZONE AND,IN`. , THE RA -S-2 ZONE AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS: '` • MUNICIPAL CODE. (3) CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RETURNED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rollin* Hills, the Lead Agency has analyzed the projects and determined that the projects will not have a significant impact on the environment. Based on this finding, the Lead Agency prepared —this NEGATIVE DECLARATION. FLNDINGS OF NO SIGNIFICANT EFFECT: BASED ON EACH OF THE INITIAL STUDIES, AND CONDITIONS) (IF APPLICABLE), IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. A period of at least 20 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications, the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the proposed Zoning Code amendment is on file in the offices of The City of Rolling Hills, 2 Portuguese Bend Road, Roiling Hills, CA 90274. THIS NOTICE WAS Date: October 24, 1997 ON NOyEM UNTIL DECEIII! 1 1' REGISTRAR-RECORDER/COUNTY CLERK 'rector 7065819 ®Orr.d on Rom 40 Pp., c //2//, JUL INCORPORATED JANUARY 24, 1937 NEGATIVE DECLARATION NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1621 FAX (310) 377.7288 E -malt a tyofrheaol.00m A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, AMEND TITLE 15 ROLLING HILLS AND AMEND TITLE 17 (ZONING) OF THE OLL NG HILLS MUNICIPAL CODE. MUNICIPAL CODE APPLICATIONS: Section 17.50.020 - Amendments to the Zoning Code. The City of Rolling Hills proposes to amend Title 17 of the Zoning Code to be located City-wide in Rolling Hills. CA and to be implemented by the City of Rolling Hills. The request is briefly described as an ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend title 17 (Zoning) of the Rolling Hills Municipal 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 Lead Agency has analyzed the project and determined that the project will rigj have a significant impact on the environment. Based on this finding, the Lead Agency prepared this NEGATIVE DECLARATION. FINDINGS OF NO SIGNIFICANT EFFECT: BASED ON THE INITIAL STUDY, AND CONDITION(S) (IF APPLICABLE), IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. A period of at least 20 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications, the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the proposed Zoning Code amendment is on file in the offices of The City of Rolling Hills. 2 Portuguese Bend Road. Rolling Hills. CA 90274. Date: October 24, 1997 By: Lola Ungar, Planr�iy(g Director 9'7065819 ®v..nted on RecicIe1 G+cr.. Hwy Ile Santa Monica Mountains 01111(J.►II ii SANTA MONICA 0 C, F 2 �� NorthOscale in mil .u/ San Gabriel Mountains LONG BEACH WHITTIER ►► I' r 2 2. SOURCE: CBA 97065819 Vicinity Map JUNE 25, 1990 • Cray //2/&, JJ,•PL INCORPORATED JANUARY 24, 1937 APPENDIX I CITY OF ROLLING HILLS PLANNING DEPARTMENT INITIAL STUDY QUESTIONNAIRE NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1621 FAX (310) 377.7286 E -malt cltyolrh@aotcom APPLICATION NO: PROPOSED REMEDIAL SOIL REPAIR ORDINANCR NAME & ADDRESS OF APPLICANT: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, Ca 90274 LOCATION OF PROJECT: City -Wide PROPOSED PROJECT: The City proposes to adopt an ordinance that would address the need to move soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. ASSESSOR'S BOOK, PAGE & PARCEL NOS.: City -Wide EXISTING GENERAL PLAN LAND USE DESIGNATION: Residential Agricultural -Suburban - 1 & 2 acre minimum net lot area. EXISTING ZONING: RA -S-1 & RA -S-2, Residential Agricultural -Suburban - 1 & 2 - Acres PROPOSED ZONING: SAME PRESENT LAND USE: Single family residential and tree, bush or field crops. LOCATION MAP: Attached. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE • I-1 97065819 ®Panted O . Recycled PaOe• I. APPLICABILITY OF THE INITIAL STUDY A. Is the proposed action a 'project' as defined by CEQA? (See Section I. of the City's CEQA Guidelines. If more than one application is filed on the same site, consider them together as one project). X Yes No 1. If the project qualifies for one of the Categorical Exemptions listed in Section I.C. of the City's CEQA Guidelines, is there a reasonable possibility that the activity will have a significant effect due to special circumstances? Yes No X N/A II. INITIAL STUDY REVIEW A. Does the project require a 30 -day State Clearinghouse review for any of the following reasons? Yes __No 1. The lead agency is a state agency. 2. There is a State "responsible agency' (any public agency which has discretionary approval over the project). 3. There is a State "trustee agency' (Califomia Department of Fish and Game, State Department of Parks and Recreation, University of Califomia, and State Lands Commission). 4. The project is of Statewide or areawide significance including the following: (A) A proposed local general plan, element, or amendment thereof for which an EIR was prepared. (B) A project which would interfere with the attainment or maintenance of State or national air quality standards including: (1) A proposed residential development of more than 500 dwelling units. (2) A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -2 97065819 (3) Commercial office building employing more than 1.000 persons or encompassing more than 250,000 square feet of floor space. (4) A proposed hoteVmotel development of more than 500 rooms. (5) A proposed industrial, manufacturing or processing plant, or industrial park planned to house more than 1,000 persons occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. (C) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian for rare and endangered species as defined by Fish and Game Code Section 903. (D) A project which would interfere with attainment of regional water quality standards as stated in the approved areawide waste water management plan. III. PROJECT ASSESSMENT A. Project Description: The City proposes to adopt an ordinance that would address the need to move soil to or from a lot for remedial repairs of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. B. Description of the Project Site: (Describe the project site as it exists at the present time, including information on, topography, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and use of the structures.) The City of Rolling Hills is a 3 square mile entirely residential community consisting of large estate -size single story ranch style residences with agricultural outbuildings. The surrounding areas of the homesites consist of undulating hillsides and knolls covered by grasses and mature shrubs and trees, with some areas being heavily wooded. Native birds and animals frequent the area such as sparrows, crows, raccoons, possum, skunks, gophers, and an occasional fox. C. Surrounding Land Uses: The surrounding neighboring cities consist of residential building sites with some light commercial aspects. The residential areas also consist glaggil PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -3 hillsides and knolls covered by grasses and mature shrubs and trees with some areas being heavily wooded. The same native birds and animals frequent the area such as sparrows, crows, raccoons, possum, skunks, gophers, and an occasional fox. D. Is the proposed project consistent with: City of Rolling Hilis General Plan Applicable Specific Plan City of Rolling Hilis Zoning Ordinance South Coast Air Quality Management Plan Congestion Management Plan Regional Comprehensive Plan Yes N o N/A X X X X - x E. Have any of the following studies been submitted? Geology Report Hydrology Report Soils Report Traffic Study Noise Study Biological Study Native Vegetation Preservation Plan Solid Waste Generation Report Public Services/ Infrastructure Report PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -4 X Historical Report Archaeological Report Paleontological Study Line of Sight Exhibits Visual Analysis Slope Map Fiscal Impact Analysis Air Quality Report Hazardous Materials/Waste 97065819 IV. DETERMINATION On the basis of this initial evaluation: (Select one) X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I, find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a 'potentially significant impact' or 'potentially significant unless mitigated.' An ENVIRONMENTAL IMPACT REPORT ,is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. This initial study was prepared by: Date: October 20, 1997 LOLA M. UNGAR, PLANNING DIRECTOR [Signature] 97065819 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -5 0 V. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or (Mitigated) Negative Declaration. In this case a discussion should identify the following: A. Earlier analyses used. Identify earlier analyses and state where they are available for review. B. Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C. Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -6 97065819 EVALUATION OF ENVIRONMENTAL IMPACTS: VI. A brief explanation Is mired for ale answers except No Impact' answers that are adequately supported by the Information sources a lead agency cites in the parentheses following each question. A'No Impact' answer is adequately supported if the referenced Information sources show that the Impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A 'No Impact' answer should be explained where it Is based on project -specific factors as %veil as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). VII. M answers must take account of the whole action involved, Inducing off -site as wel as on -site, cumulative as well as project -level, indirect as wel as direct, and construction as wel as operational impacts. VIII. 'Potentially Significant Impact' Is appropriate if there Is substantial evidence that an effect Is significant tf there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. IX. 'Potentially Significant Unless Mitigation Incorporated' applies where the Incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a 'Less than Significant Impact.' The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section V, 'Earlier Analysis,' above may be cross-referenced). X. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR ' or , negative declaration. See Section 15063(c)(3)(D) of the State CEQA Guidelines. Earlier analyses are discussed in Section V, above. XI. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Issues (and Supporting Information Sources): 0 Poten6aly iPoss 'Leis ThanM1 . Mitigation Siflnificant No Incorporated Impact lrpaa I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 0 Q 0 ' 0 b) Conflict with applicable environmental plans or 0 0 0 0 polices adopted by agencies with jurisdiction over the project c) Be incompatible with existing land use in the 0 0 0 vicinity? d) Affect agricultural resources or operations (e.g. 0 0 0 impacts to soils or farmlands, or impacts from incompatible land uses)? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -7 0 9'7065819 PofardeBy PoeerrEaly S=rit Or $� less en Miggeeon Ss� e) Disrupt or divide the physical arrangement of an 0 0 O established community (including a low -Income or minority community)? II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local 0 O ❑ population projections? b) Induce substantial growth In an area either 0 0 O directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 housing? III. GEOLOGICAL PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? 0 0 0 El b) Seismic ground shaking? 0 ® O ❑ c) Seismic ground failure, including liquefaction? 0 0 0 ID d) Seiche, tsunami, or volcanic hazard?. 0 0 0 IR e) Landslides or mudflows? 0 Q o o f) Erosion, changes in topography or unstable soil 0 Q 0 0 conditions from excavation, grading, or fill? g) Subsidence of the land? 0 © 0 0 h) Expansive soils? 0 © O 0 i) Unique geologic or physical features? 0 CI 0 ❑ No Impad IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, 0 0 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -8 O 0 0 O 0 0 O 0 0 Iffl CI 97065819 Polo*Ey Potentlaly gLent Lee Then Mitigation Sf�nt Incorporated S1 f) Change In the quantity of ground waters, either D 0 0 through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? 0 0 0 h) Impacts to groundwater quality? 0 0 0 i) Substantial reduction in the amount of 0 0 D groundwater otherwise available for public water supplies? V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 (?1 D c) After air movement, moisture, or temperature, or 0 0 ® ❑ cause any change in climate? d) Create any objectionable odors? 0 0 ® 0 VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 Q 0 b) Hazards to safety from design features (e.g., 0 0 0 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 nearby uses? d) Insufficient parking capacity on -site or off -site? 0 0 0 e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 No Impact 121 f) Conflicts with adopted policies supporting 0 0 alternative transportation (e.g., bus tumouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their 0 0 habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees)? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -9 O ❑ 0 a 0 0 O 97065819 Potentially Po_ltr 17ryess Less Than S latigatkxi S = No c) Locally designated natural communities (e.g., O O ® O oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 ® O Pool)? e) Wildlife dispersal or migration corridors? O a ® 0 VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 O plans? b) Use non-renewable resources in a wasteful and 0 0 0 inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? X. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? Xl. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -1 0 O ❑ ❑ ❑ o ❑ o ❑ 0 ❑ O 0 o o 0 O O O ❑ O ❑ O o O 0 o O 0 o o 0 O O 0 O 0 0 0 0 O O O Cia 97065819 XI I. UTILITIES AND SERVICE SYSTEMS. Would the proposal result In a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? XIV. CULTURAL RESOURCES: Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical resources? Pctesirn iely Potentially Ingetion Ircorperated Lass Than Sgr O O O O O O O O O O O O o O O o O O o O O o O O O O O o 0 ❑ O O ❑ O 0 O o 0 0 d) Have the potential to cause a physical change 0 0 0 which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within 0 0 0 the potential impact area? XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreations facilities? b) Affect existing recreational opportunities? 0 O 0 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -1 1 ❑ 0 0 No Impact 123 0 0 0 O 0 0 0 a 0 O 0 0 97065819 • sePotanial XVI. MANDATORY FINDINGS OF SIGNIFICANCE. Potenfely Incorporated 4 Less Then S it a) Does the project have the potential to degrade 0 0 0 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important example of the major period of California history or prehistory? XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade 0 0 0 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important example of the major period of California history or prehistory? b) Does the project have the potential to achieve 0 0 0 short-term, to the disadvantage of long-term, • environmental goals? c) Does the project have impacts that are 0 0 0 individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects.) d) Does the project have environmental effects 0 0 0 which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Earlier Analyses may be used where, pursuant to the tiering, program EIR, or other CEDA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. See Section 15063(c)(3)(D) of the State CEDA Guidelines. In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -1 2 a icffl 0 O 0 0 97065819 Remedy PotenOaAy s�nt Less Then S�i hoo aled Impact b) Impacts adequately addressed. Identify which 0 0 0 0 effects from the above checklist were within the scope of and adequately analyzed In an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are 'Less 0 0 0 17 than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. The following analysis is a description of the findings contained in the Evaluation Of Environmental Impacts Issues Checklist Form which preceded this page. A detailed discussion of all potential environmental impacts checked "Potentially Significant Impact," "Potentially Significant Unless Mitigation Incorporated," and "Less Than Significant Impact" is provided, along with appropriate mitigation measures. ENVIRONMENTAL IMPACTS Item I. • LAND USE AND PLANNING a. The ordinance is proposed to. mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from any lot in the City except during construction development and then, under certain circumstances. All soil for construction projects is required to be balanced on site. But, the City Manager may grant an exception during construction development to allow for import or export of soil not to exceed 500 cubic yards, based upon written reports and other information submitted that: (a) construction of a structure on a lot has commenced, (b) the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. For projects that require a grading permit (a cut that exceeds three feet or a fill that exceeds three feet or covers more than 2,000 square feet) Site Plan Review is required. The resultant impact on Land Use and Planning will be less than significant. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -1 3 97065819 Mitigation Measures 1. In conformance with local ordinances and engineering practices, the ordinance shall address the special circumstances of a remedial nature when soil that does not require a grading permit may be imported or exported to or from any lot in the City. Item III. GEOLOGICAL PROBLEMS, b., e-i. Although approval of the proposed ordinance will not result in unstable earth conditions or in changes in geologic substructures, ft should be noted that portions of the City exhibit unstable earth conditions, including active landslides and soil creep. The Land • Use Element of the General Plan establishes a Landslide Hazard Overlay to carefully regulate development in unstable areas. Because the City is located in seismically active Southern California, development is exposed to potential groundshaking in the event of an earthquake. The Palos Verdes fault, considered potentially active, is located approximately one mile northeast of the City. Although approval of the ordinance will not result in future disruptions, displacements, compaction, or overcrowding of the soil, during future remedial repair of hillsides and trails, these will occur in order to preserve the integrity of each individual property. Any displacement and recompaction of the soil will be required to conform with local ordinances and engineering practices and should not cause a significant environmental impact. Also, during future remedial repair that involves the movement of soil to or from any property in the City, there will be removal of natural vegetative cover, potentially causing an increase in soil erosion by wind action or storm water runoff. This reduction of vegetative cover and the increased runoff associated with the movement of soil may cause a slight increase in the soil deposition, siltation, or erosion in or near the ocean. As the movement of soil is limited to the remedial repair of a hillside or trail, related erosion impacts will be less than significant. Mitigation Measures 2. The ordinance is proposed to mitigate potentially hazardous soil problems and future remedial repair shall be required to conform with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence. 3. The ordinance as proposed shall require that approvals for the movement of soil to or from any property for remedial repair of a hillside or trail shall include the requirement that remediated hillsides be reseeded with native drought tolerant vegetation and that trails be compacted. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -1 4 97065819 Item IV. WATER b. No major floodplains exist in the City, and structural development is not permitted in the canyon areas most likely to be affected by flooding. No open bodies of water occur within the City, thus no such hazard exists. Mitigation Measures 4. The ordinance is proposed to mitigate potentially hazardous soil problems and future remedial repair shall be required to conform with local ordinances and engineering practices so that people or property are not exposed to water related hazards such as flooding. Item V. AIR QUALITY a -d. Although the proposed ordinance will not violate any air quality standard or contribute to an existing or projected air quality violation, future remedial repair of a hillside or trail will generate slight increases in vehicle trips during the movement of soil for remedial repair. The resultant impact on air quality will be less than significant. Item VI. TRANSPORTATION/CIRCULATION a. Although, the proposed ordinance will not increase vehicle trips or traffic congestion, there will be slight increases in vehicle trips during future remedial repair of a hillside or trail that will occur in order to preserve the integrity of each individual property. The resultant impact on transportation/circulation will be less than significant. Item VII. BIOLOGICAL RESOURCES a -e. Although the proposed ordinance will not effect biological resources, future remedial repair of hillside and trail failures on individual lots may reduce the amount of native vegetation and is addressed in Mitigation No. 3. In addition, the General Plan and Zoning Code set forth policies which encourage the retention and use of native drought tolerant vegetation in landscaping. No known rare and endangered species of plants exist in the City. The impact of the proposed ordinance will be less than significant. The City consists of large lot, estate density development that requires the retention of substantial amounts of existing habitat. The only animal listed by the Federal Government is the Palos Verdes Blue, a butterfly which had not been seen in the Rolling Hills area since May, 1986. In 1994, the Palos Verdes Blue was seen at the nearby San Pedro Fuel Depot Station where its natural habitat PROPOSED REMEDIAL. SOIL REPAIR ORDINANCE I -15 97065819 is being restored. Several other animals do occur, however, that are considered as candidates for protection by either the Federal Government or the State Government. Recently, the California gnatcatcher was added to the list of endangered species and, in a recent census, pairs were located in the adjacent City of Rancho Palos Verdes. Other target species for the Rancho Palos Verdes Peninsula Area that are being studied by the State of California Department of Fish and Game are the Cactus Wren and the Coast Horned Lizard. The impact of the proposed ordinance will be less than significant. Item X. NOISE, a -b. Although approval of the proposed ordinance will not result in increased noise levels, future remedial repair of a hillside or trail will result in intermittent loud noise levels during the movement of soil. Any construction noise will be required to conform with local ordinances and engineering practices and should not cause a significant environmental impact. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I-16 9'7065819 f o/ Min, Jh/h INCORPORATED JANUARY 24, 1957 HEARING DATE: NOVEMBER 18, 1997 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF ill LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. NO, 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.726 E•mait cltyohheeol.corn BACKGROUND On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from any lot in the City except during construction development and then, too, under certain circumstances. All soil for construction projects is required to be balanced on site and import or export of soil is prohibited except during the construction of a structure and limited to 500 cubic yards. The proposed ordinance will allow the City Manager to grant an exception to the requirements of the balanced cut and fill ratio to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail with the support of written reports and other information submitted, that the project does not require a grading permit, and that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger. The proposed ordinance will add Paragraph 4 to Sections 15.04.150 (Excavations) and 15.04.170 (Fills) of the Building and Construction Code and add Paragraph B to Section 17.16.230 to the Zoning Code. A resolution recommending the amendment is attached. REMEDIAL REPAIR PAGE 1 ®P..rte0 on Recvc:ea The proposed ordinance additions to Section 15.04.150 (Excavations) and 15.04.170 (Fills) are: "4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to .exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger." The proposed ordinance additions to Section 15.04.170 (Balanced grading required) are: "B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will not have a significant effect on the environment. Accordingly, a Negative Declaration has been prepared. RECOMMENDATION It is recommended that the Planning Commission give direction to staff regarding remedial repair of hillsides or trails. The Commission may review and adopt the attached resolution or the Commission may allow the existing Building and Zoning Codes to be sustained. REMEDIAL REPAIR PAGE 2 DATE: TO: ATTN: FROM: SUBJECT: C1,y a ffin9 _uer 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.: 7.B. Mtg. Date: . 1/26/98 JANUARY 26, 1998 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEAL IS, CITY MANAGER LOLA M. UNGAR, PLANNING DIRECTOR CONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF 1'1'I'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-29, dated November 18, 1997, is attached recommending to the City Council an ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. The resolution was unanimously approved 5-0. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from ary lot in the City except during construction development and then, too, only under certain circumstances. All soil for construction projects is required to be balanced on site and import or export of soil is prohibited except during the construction of a structure and limited to 500 cubic yards. REMEDIAL REPAIR PAGE 1 Printed on Recycled Paper. The proposed ordinance will allow the City Manager to grant an exception to the requirements of the balanced cut and fill ratio to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail with the support of written reports and other information submitted, that the project does not require a grading permit, and that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger. The proposed ordinance will add Paragraph 4 to Sections 15.04.150 (Excavations) and 15.04.170 (Fills) of the Building and Construction Code and add Paragraph B to Section 17.16.230 to the Zoning Code. A resolution recommending the amendment is attached. The proposed ordinance additions to Section 15.04.150 (Excavations) and 15.04.170 (Fills) are: "4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." The proposed ordinance additions to Section 15.04.170 (Balanced grading required) are: "B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will not have a significant effect on the environment. Accordingly, a Negative Declaration has been prepared. RECOMMENDATION It is recommended that the City Council review the proposed Ordinance and CEQA exemption, open the public hearing, take public testimony, and introduce Ordinance No. 273. REMEDIAL REPAIR PAGE 2 RESOLUTION NO. 97-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal. Code. Section 3. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and RESOLUTION NO. 97-29 PAGE 1 of 4 (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger.' 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 4. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic RESOLUTION NO. 97-29 PAGE 2 of 4 yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. The Planning Commission recommends that the City Council amend Title 17(Zoning) to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." Section 6. The Deputy City Clerk shall transmit a copy of this Resolution to the City Council. PASSED, APPROVED AND ADOPTED ON THE 18TH MBER, 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: MARH KE NI, DEPUTY CITY CLERK RESOLUTION NO. 97-29 PAGE 3 of 4 STATE • OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 97-29 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE ADOPTION OF AN ORDINANCE TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on November 18, 1997 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chair Roberts. NOES: None. ABSENT: None. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY C JERK RESOLUTION NO. 97-29 PAGE 4 of 4 DRAFT ORDINANCE NO. 273 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDINANCE NO. 273 PAGE 1 DRAFT (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) is amended to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to ad.d subsection 7016.9 to read: 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. 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. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) construction of a structure on the lot or parcel has commenced, (b) that the need to import or export the soil could not have been foreseen prior to commencement of construction, and ORDINANCE NO. 273 PAGE 2 DRAFT (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) is amended to read as follows: "Section 17.16.230 Balanced grading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions. of Title 15. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." PASSED AND APPROVED ON THE _TH DAY OF , 1998. B..ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK ORDINANCE NO. 273 PAGE 3 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS • ) I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on 1998 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with th.e laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK ORDINANCE NO. 273 PAGE 4 • OP DEC 191997 CITY OF ROLLING HILLS • CEO o/ Rolling ii • NEG ECLARA'I4i_ - AND NOTICE OF PUBLIC HEARING PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNIA et)fi AVRECID 2i, 193) NOV 0 AN f ,j•9 7"3° C BEND ROAD 'F y I)ip HILO, CALIF, 90274 CID NOV 0 1997 COUNTY CLERK CGS DEPOP NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Rolling Hills will KM a Public Hearing at 7:30 PM on Tuesday, November 18, 1997 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: (1) CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO ESTABLISH CONSISTENT SIDE YARD SETBACKS IN THE RA -S-1 ZONE AND IN THE RA -S-2 ZONE AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (3) to 41 V a `( e);) . • • • ,,oZ �+c)�e)'I i`! F a 70-;,6:_ y ( r �� 7 �`i �.}11���*{.� , K. ► + �. sl,... tit if (:":r.7tilt "sett C`-I�.� •�vi .i. I I• -o • LIe • •t.-FI•31►ral V ":11) :;+. a ''fr",Nk = Tt .. � _ t.tlr �'• .�. ea, I S 1_t =�'i:•' . %' i •'•�, .,ut.+�� 00:vt''' ,C 'rif at�tt .soLto t�.i�7rt�-'=L 7 lip ` Psi. .,r A.' .1: ' 9 Itke ,I! i7; Ii" Oil' Iii,11404t. _W CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RETURNED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL 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 Lead Agency has analyzed the projects and determined that the projects will not have a significant impact on the environment. Based on this finding, the Lead Agency prepare This NEGATIVE DECLARATION. FINDLNIGS OF NO SIGNIFICANT EFFECT: BASED ON EACH OF THE INITIAL STUDIES, AND CONDITION(S) (IF APPLICABLE), IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. A period of at least 20 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications, the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the proposed Zoning Code amendment is on file in the offices of The City of Rolling Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274. Date: October 24, 1997 THIS NOTICE WAS ON NO 'EM UNTIL DECEr[th L 1;l1T REGISTRAR-RECORDER/COUNTY CLERK i rector 9'7065819 ®Pr wst on RK1tNO Ps .e City ofielliny INCORPORATED JANUARY 24, 1957 NEGATIVL DECLARATION NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1621 FAX (310) 377.7288 E-mait cltyofrh@aol.com A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, AMEND TITLE 15 (BUILDING AND CONSTRUCTION), AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. MUNICIPAL CODE APPLICATIONS: Section 17.50.020 - Amendments to the Zoning Code. The City of Rolling Hills proposes to amend Title 17 of the Zoning Code to be located City-wide in Roiling Hills. CA and to be implemented by the City of Rolling Hills. The request is briefly described as an ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend title 17 (Zoning) of the Rolling Hills Municipal 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 Lead Agency has analyzed the project and determined that the project will aol have a significant impact on the environment. Based on this finding, the Lead Agency prepared this NEGATIVE DECLARATION. FINDINGS OF NO SIGNIFICANT EFFECT: BASED ON THE INITIAL STUDY, AND CONDITION(S) (IF APPLICABLE), IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. A period of at least 20 days from the date of publication of the notice of this NEGATIVE DECLARATION will be provided to enable public review of the project specifications, the Initial Study and this document prior to the final adoption of the NEGATIVE DECLARATION by the Lead Agency. A copy of the proposed Zoning Code amendment is on file in the offices of The City of Rolling Hills. 2 Portuguese Bend Road. Rolling Hills, CA 90274. Date: October 24, 1997 By: Lola Ungar, Planr�iy(g Director 97065819 ®P.mted on Rericle-1 Page. Santa Monica Mountains SANTA MONICA -0 0 Pb.. 00 F 9 2 i, 2,0 '9 /i San Gabriel Mountains /f PASADENA LONG BEACH (' North —scale C! t in miles I/ , I-210 WHITTIER 11, J% '.."••••,#/w y 22.0/ SOURCE: CBA 9'7065819 Vicinity Map JUNE 25. 1990 • edy o`i2ll.•ny JdPI, INCORPORATED JANUARY 24, 1937 APPENDIX I CITY OF ROLLING HILLS PLANNING DEPARTMENT INITIAL STUDY QUESTIONNAIRE NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377.1521 FAX: (310) 377.7288 E-mait cityofrh@aol.com APPLICATION NO: PROPOSED REMEDIAL SOIL REPAIR ORDINANCE NAME & ADDRESS OF APPLICANT: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, Ca 90274 LOCATION OF PROJECT: City -Wide PROPOSED PROJECT: The City proposes to adopt an ordinance that would address the need to move soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. ASSESSOR'S BOOK, PAGE & PARCEL NOS.: City -Wide EXISTING GENERAL PLAN LAND USE DESIGNATION: Residential Agricultural -Suburban - 1 & 2 acre minimum net lot area. EXISTING ZONING: RA -S-1 & RA -S-2, Residential Agricultural -Suburban - 1 & 2 - Acres PROPOSED ZONING: SAME PRESENT LAND USE: Single family residential and tree, bush or field crops. LOCATION MAP: Attached. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -1 • 97065819 ®P,.rted or Recycled Pape. I. APPLICABILITY OF THE INITIAL STUDY A. Is the proposed action a "project' as defined by CEQA? (See Section I. of the City's CEQA Guidelines. if more than one application is filed on the same site, consider them together as one project). X Yes No 1. If the project qualifies for one of the Categorical Exemptions listed in Section I.C. of the City's CEQA Guidelines, is there a reasonable possibility that the activity will have a significant effect due to special circumstances? Yes No X N/A II. INITIAL STUDY REVIEW A. Does the project require a 30 -day State Clearinghouse review for any of the following reasons? Yes X No 1. The lead agency is a state agency. 2. There is a State 'responsible agency" (any public agency which has discretionary approval over the project). 3. There is a State "trustee agency' (Califomia Department of Fish and Game, State Department of Parks and Recreation, University of Califomia, and State Lands Commission). 4. The project is of Statewide or areawide significance including the following: (A) A proposed local general plan, element, or amendment thereof for which an EIR was prepared. (B) A project which would interfere with the attainment or maintenance of State or national air quality standards including: (1) A proposed residential development of more than 500 dwelling units. (2) A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -2 97065819 gib • (3) Commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space. (4) A proposed hoteVmotel development of more than 500 MOMS. (5) A proposed industrial, manufacturing or processing plant, or industrial park planned to house more than 1,000 persons occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. (C) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian for rare and endangered species as defined by Fish and Game Code Section 903. (D) A project which would interfere with attainment of regional water. quality standards as stated in the approved areawide waste water management plan. ID. PROJECT ASSESSMENT A. Project Description: The City proposes to adopt an ordinance that would address the need to move soil to or from a lot for remedial repairs of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction), and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. B. Description of the Project Site: (Describe the project site as it exists at the present time, including information on topography, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and use of the structures.) The City of Rolling Hills is a 3 square mile entirely residential community consisting of large estate -size single story ranch style residences with agricultural outbuildings. The surrounding areas of the homesites consist of undulating hillsides and knolls covered by grasses and mature shrubs and trees, with some areas being heavily wooded. Native birds and animals frequent the area such as sparrows, crows, raccoons, possum, skunks, gophers, and an occasional fox. C. Surrounding Land Uses: The surrounding neighboring cities consist of residential building sites with some light commercial aspects. The residential areas also consist qfu rdittlgAlg UUbb PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -3 hillsides and knolls covered by grasses and mature shrubs and trees with some areas being heavily wooded. The same native birds and animals frequent the area such as sparrows, crows, raccoons, possum, skunks, gophers, and an occasional fox. D. Is the proposed project consistent with: City of Rolling Hills General Plan Applicable Specific Plan City of Rolling Hills Zoning. Ordinance South Coast Air Quality Management Plan Congestion Management Plan Regional Comprehensive Plan Yes No N/A x x x x x E. Have any of the following studies been submitted? Geology Report Hydrology Report Soils Report Traffic Study Noise Study Biological Study Native Vegetation Preservation Plan Solid Waste Generation Report Public Services/ Infrastructure Report Historical Report Archaeological Report Paleontological Study Line of Sight Exhibits Visual Analysis Slope Map Fiscal Impact Analysis Air Quality Report Hazardous Materials/Waste PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -4 9'7065819 IV. DETERMINATION On the basis of this initial evaluation: (Select one) X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. This initial study was prepared by: Date: October 20, 1997 LOLA M. UNGAR, PLANNING DIRECTOR [Signature] 9'7065819 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -5 V. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or (Mitigated) Negative Declaration. In this case a discussion should identify the following: A. Earlier analyses used. Identify earlier analyses and state where they are available for review. B. Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C. Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -6 97065819 EVALUATION OF ENVIRONMENTAL IMPACTS: VI. A brief explanation Is required for all answers except 'No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A 'No Impact' answer is adequately supported if the referenced information sources show that the Impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A'No Impact' answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). VII. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. VIII. 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. IX. 'Potentially Significant Unless Mitigation Incorporated' applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a 'Less than Significant Impact.' The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section V, 'Earlier Analysis,' above may be cross-referenced). X. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. See Section 15063(c)(3)(D) of the State CEQA Guidelines. Earlier analyses are discussed in Section V, above. XI. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Issues (and Supporting Information Sources): • Sigma. ,. Potentially Unless Significant Mitigation Impact Incorporated Lessitian Skjnificant No Impact trnpact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 0 0 0 b) Conflict with applicable environmental plans or 0 0 0 polices adopted by agencies with jurisdiction over the project c) Be incompatible with existing land use in the 0 0 0 Ox vicinity? d) Affect agricultural resources or operations (e.g. ❑ 0 0 0 impacts to soils or farmlands, or impacts from incompatible land uses)? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -7 9'7065819 Potent.* entiaPot itigatico lly MS Less Than fmped Incorporated e) Disrupt or divide the physical arrangement of an 0 ❑ ; 0 established community (including a low-income • • or minority community)? II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local 0 0 ❑ population projections? b) Induce substantial growth in an area either 0 0 0 directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 housing? III. GEOLOGICAL PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? 0 0 0 b) Seismic ground shaking? ❑ c) Seismic ground failure, including liquefaction? 0 0 0 d) Seiche, tsunami, or'volcanic hazard? 0 0 0 e) Landslides or mudflows? 0 f) Erosion, changes in topography or unstable soil ❑ conditions from excavation, grading, or fill? g) Subsidence of the land? 0 D a a No impact 0 O 0 O 0 O 0 O 0 h) Expansive soils? 0 ❑ ❑ i) Unique geologic or physical features? ❑ 0 0 • IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 0 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 hazards such as flooding? c) Discharge into surface water or other alteration ❑ 0 0 of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 water body? e) Changes in currents, or the course or direction of 0 ❑ 0 water movements? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -8 O 0 0 97065819 Potentially Potentlafy Significantl Less ThanIncorporated Sirin:acteant impact f) Change in the quantity of ground waters, either 0 ❑ 0 EI through direct additions or withdrawals, or through interception of an aquifer by cuts or - excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? 0 0 0 h) Impacts to groundwater quality? 0 O O i) Substantial reduction in the amount of 0 O 0 groundwater otherwise available for public water supplies? V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 ❑ xCl 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 Q 0 c) Alter air movement, moisture, or temperature, or 0 0 ® ❑ cause any change in climate? d) Create any objectionable odors? 0 0 0 0 VI. . TRANSPORTATION/CIRCULATION. Would the propose! result in: a) Increased vehicle trips or traffic congestion? 0 0 b) Hazards to safety from design features (e.g., 0 0 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 ❑ ❑ nearby uses? d) Insufficient parking capacity on -site or off -site? 0 ❑ e) Hazards or barriers for pedestrians or bicyclists? 0 0 f) Conflicts with adopted policies supporting 0 0 0 alternative transportation (e.g., bus tumouts, bicycle racks)? g) Rail, waterbome or air traffic impacts? 0 0 0 E1 0 0 0 Q a VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their 0 0 Q 0 habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage ❑ ❑ Q 0 trees)? PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -9 97065819 Pfogtenflaly S Potentially UNe x Less Than Sfg Mdigaficin Incorporated SifinimPlactearit c) Locally designated natural communities (e.g., 1 0 0 123 oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal ❑ 0 pool)? e) Wildlife dispersal or migration corridors? ❑ 0 0 VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 plans? b) Use non-renewable resources in a wasteful and 0 0 0 inefficient manner? c) Result in the loss of availability of a known 0 0 0 mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 health hazard? d) Exposure of people to existing sources of 0 0 0 potential health hazards? e) Increased fire hazard in areas with flammable ❑ 0 0 brush, grass, or trees? X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 0 b) Exposure of people to severe noise levels? 0 0 0 Xl. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? o O ❑ o ❑ 0 o 0 o ❑ 0 0 ❑ ❑ ❑ No Impart O O 1] 0 ❑ 0 a a 97065819 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -1 0 Potentially XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 b) Communications systems? 0 0 0 c) Local or regional water treatment or distribution 0 0 0 facilities? d) Sewer or septic tanks? 0 0 0 e) Storm water drainage? 0 0 0 f) Solid waste disposal? 0 0 0 g) Local or regional water supplies? 0 0 0 XI II. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? 0 0 0 b) Have a demonstrable negative aesthetic effect? 0 0 0 c) Create light or glare? 0 0 0 XIV. CULTURAL RESOURCES: Would the proposal: a) Disturb paleontological resources? 0 0 0 b) Disturb archaeological resources? 0 0 0 c) Affect historical resources? 0 0 0 Pqteritially - rdSrrantss Less Than incoponEded Impact d) Have the potential to cause a physical change 0 0 ❑ which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within 0 0 0 the potential impact area? XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 ❑ regional parks or other recreations facilities? b) Affect existing recreational opportunities? ❑ 0 0 knpact El 0 a 1] a 0 a 1] a D a PROPOSED REMEDIAL SOIL REPAIR ORDINANCE 1 -1 1 97065819 Potentially Potentially Mitigation Less Than No Incorporated impart Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade 0 0 0 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important example of the major period of California history or prehistory? XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important example of the major period of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. , Earlier Analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. See Section 15063(c)(3)(D) of the State CEQA Guidelines. In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses and state where they are available for review. O 0 0 O 0 0 O 0 0 O 0 0 EJ 0 0 O 0 ❑ 0 PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -1 2 97065819 PPottentially ry r Potentially Unless Lass 'ThanSlpntflcant mpaa tncorporated Impact r . Inainract b) Impacts adequately addressed. Identify which 0 0 0 ❑ . effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are 'Less 0 0 ❑ ❑ than Significant with Mitigation Incorporated,' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. The following analysis is a description of the findings contained in the Evaluation Of Environmental Impacts Issues Checklist Form which preceded this page. A detailed discussion of all potential environmental impacts checked "Potentially Significant Impact," "Potentially Significant Unless Mitigation Incorporated," and "Less Than Significant Impact" is provided, along with appropriate mitigation measures. ENVIRONMENTAL IMPACTS Item I. LAND USE AND PLANNING a. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from any lot in the City except during construction development and then, under certain circumstances. All soil for construction projects is required to be balanced on site. BLit, the City Manager may grant an exception during construction development to allow for import or export of soil not to exceed 500 cubic yards, based upon written reports and other information submitted that: (a) construction of a structure on a lot has commenced, (b) the need to import or export the soil could not have been foreseen prior to commencement of construction, and (c) that either the structure cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger. For projects that require a grading permit (a cut that exceeds three feet or a fill that exceeds three feet or covers more than 2,000 square feet) Site Plan Review is required. The resultant impact on Land Use and Planning will be less than significant. PROPOSED REMEDIAL. SOIL REPAIR ORDINANCE 1 -1 3 97065819 Mitigation Measures 1. In conformance with local ordinances and engineering practices, the ordinance shall address the special circumstances of a remedial nature when soil that does not require a grading permit may be imported or exported to or from any lot in the City. Item III. GEOLOGICAL PROBLEMS. b., e-i. Although approval of the proposed ordinance will not result in unstable earth conditions or in changes in geologic substructures, it should be noted that portions of the City exhibit unstable earth conditions, including active landslides and soil creep. The Land Use Element of the General Plan establishes a Landslide Hazard Overlay to carefully regulate development in unstable areas. Because the City is located in seismically active Southern California, development is exposed to potential groundshaking in the event of an earthquake. The Palos Verdes fault, considered potentially active, is located approximately one mile northeast of the City. Although approval of the ordinance will not result in future disruptions, displacements, compaction, or overcrowding of the soil, during future remedial repair of hillsides and trails, these will occur in order to preserve the integrity of each individual property. Any displacement and recompaction of the soil will be required to conform with local ordinances and engineering practices and should not cause a significant environmental impact. Also, during future remedial repair that involves the movement of soil to or from any property in the City, there will be removal of natural vegetative cover, potentially causing an increase in soil erosion by wind action or storm water runoff. This reduction of vegetative cover and the increased runoff associated with the movement of soil may cause a slight increase in the soil deposition, siltation, or erosion in or near the ocean. As the movement of soil is limited to the remedial repair of a hillside or trail, related erosion impacts will be less than significant. Mitigation Measures 2. The ordinance is proposed to mitigate potentially hazardous soil problems and future remedial repair shall be required to conform with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence. 3. The ordinance as proposed shall require that approvals for the movement of soil to or from any property for remedial repair of a hillside or trail shall include the requirement that remediated hillsides be reseeded with native drought tolerant vegetation and that trails be compacted. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I-14 97065819 Item IV. WATER b. No major floodplains exist in the City, and structural development is not permitted in the canyon areas most likely to be affected by flooding. No open bodies of water occur within the City, thus no such hazard exists. Mitigation Measures 4. The ordinance is proposed to mitigate potentially hazardous soil problems and future remedial repair shall be required to conform with local ordinances and engineering practices so that people or property are not exposed to water related hazards such as flooding. Item V. AIR QUALITY a -d. Although the proposed ordinance will not violate any air quality standard or contribute to an existing or projected air quality violation, future remedial repair of a hillside or trail will generate slight increases in vehicle trips during the movement of soil for remedial repair. The resultant impact on air quality will be less than significant. Item VI. TRANSPORTATION/CIRCULATION a. Although, the proposed ordinance will not increase vehicle trips or traffic congestion, there will be slight increases in vehicle trips during .future remedial repair of a hillside or trail that will occur in order to preserve the integrity of each individual property. The resultant impact on transportation/circulation will be less than significant. Item VII. BIOLOGICAL RESOURCES a -e. Although the proposed ordinance will not effect biological resources, future remedial repair of hillside and trail failures on individual lots may reduce the amount of native vegetation and is addressed in Mitigation No. 3. In addition, the General Plan and Zoning Code set forth policies which encourage the retention and use of native drought tolerant vegetation in landscaping. No known rare and endangered species of plants exist in the City. The impact of the proposed ordinance will be less than significant. The City consists of large lot, estate density development that requires the retention of substantial amounts of existing habitat. The only animal listed by the Federal Govemment is the Palos Verdes Blue, a butterfly which had not been seen in the Rolling Hills area since May, 1986. In 1994, the Palos Verdes Blue was seen at the nearby San Pedro Fuel Depot Station where its natural habitat PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -15 97065819 is being restored. Several other animals do occur, however, that are considered as candidates for protection by either the Federal Govemment or the State Govemment. Recently, the California gnatcatcher was added to the list of endangered species and, in a recent census, pairs were located in the adjacent City of Rancho Palos Verdes. Other target species for the Rancho Palos Verdes Peninsula Area that are being studied by the State of Califomia Department of Fish and Game are the Cactus Wren and the Coast Horned Lizard. The impact of the proposed ordinance will be less than significant. Item X. NOISE. a -b. Although approval of the proposed ordinance will not result in increased noise levels, future remedial repair of a hillside or trail will result in intermittent loud noise levels during the movement of soil. Any construction noise will be required to conform with local ordinances and engineering practices and should not cause a significant environmental impact. PROPOSED REMEDIAL SOIL REPAIR ORDINANCE I -16 97065819 .a, C1iy el RO//t Jh//6 "To INCORPORATED JANUARY 24, 1957 HEARING DATE: NOVEMBER 18, 1997 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF i l'1'LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 E-mail cityofrh@aol.com BACKGROUND On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. The ordinance is proposed to mitigate potentially hazardous soil problems caused by the effects of wind action, storm water runoff or slope failure that require the movement of soil to or from any lot in the City under certain circumstances. The existing Building and Construction Code and the Zoning Code do not permit the movement of soil to or from any lot in the City except during construction development and then, too, under certain circumstances. All soil for construction projects is required to be balanced on site and import or export of soil is prohibited except during the construction of a structure and limited to 500 cubic yards. The proposed ordinance will allow the City Manager to grant an exception to the requirements of the balanced cut and fill ratio to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail with the support of written reports and other information submitted, that the project does not require a grading permit, and that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger. The proposed ordinance will add Paragraph 4 to Sections 15.04.150 (Excavations) and 15.04.170 (Fills) of the Building and Construction Code and add Paragraph B to Section 17.16.230 to the Zoning Code. A resolution recommending the amendment is attached. REMEDIAL REPAIR PAGE 1 ®Ponied on Recycled Raider The proposed ordinance additions to Section 15.04.150 (Excavations) and 15.04.170 (Fills) are: "4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to .exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), (b) that unless the hillside or trail is returned to its natural contours there will be a threat of land subsidence or other imminent danger." The proposed ordinance additions to Section 15.04.170 (Balanced grading required) are: "B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15." After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will not have a significant effect on the environment. Accordingly, a Negative Declaration has been prepared. RECOMMENDATION It is recommended that the Planning Commission give direction to staff regarding remedial repair of hillsides or trails. The Commission may review and adopt the attached resolution or the Commission may allow the existing Building and Zoning Codes to be sustained. REMEDIAL REPAIR PAGE2 • 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 % day of ,�� , 1998 serve the within ./4,-(U G /,�2� U 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: FAXED Palos Verdes Peninsula News MAILED City Attorney DELIVERED City Manager City Council Also posted at City Hall. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the day of ���o� , 1998 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK Cep ofieo!!•..y fidf INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 NOTICE OF PUBLIC HEARINGS (310) 377-1521 FAX (310) 377-7288 E-mail: cityofrh@aol.com NOTICE IS HEREBY GIVEN that the City Council of the City of Rolling Hills will hold a public hearing during their regularly scheduled meeting to be held on Monday, January 26, 1998, commencing at 7:30 p.m., in the Council Chambers at City Hall, 2 Portuguese Bend Road, Rolling Hills, California to consider the following items: CONSIDERATION OF PROPOSED ORDINANCE NO. 272: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO AMEND SIDE YARD SETBACK REQUIREMENTS IN THE RA -S-1 ZONE AND THE RA -S-2 ZONE AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PROPOSED ORDINANCE MAY POTENTIALLY INCREASE SIDE YARD SETBACKS IN THE RA -S-1 ZONE FROM 20 FEET TO 25 FEET, EXCLUSIVE OF EASEMENT DIMENSIONS, AND MAY REESTABLISH SIDE YARD SETBACKS IN THE RA -S-2 ZONE TO 35 FEET, EXCLUSIVE OF EASEMENT DIMENSIONS. CONSIDERATION OF PROPOSED ORDINANCE NO. 273: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. CONSIDERATION OF PROPOSED ORDINANCE NO. 274: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, THE AMENDMENT OF TITLE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. Any person is welcome to review the staff reports prior to the public hearings at City Hall, 2 Portuguese Bend Road, Rolling Hills, between the hours of 7:30 a.m. to 5:00 p.m., Monday through Friday, after 4:00 p.m. on Thursday, January 22, 1998. c} • 1.2 MARILYN L. KERN DEPUTY CITY CLERK Publish once in the Palos Verdes Peninsula News Thursday, January 15, 1998 Printed on Recycled Paper.