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2500 Planning - Ordinance No 274 - To Require that property that is Scarred by Geological ExcavationCONSIDERATION 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. 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 Murdock move that the City Council waive further reading and adopt Ordinance No. 274. Councilmember Pernell seconded the motion which carried unanimously. OPEN AGENDA.- APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME 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. •Y`i•F t 6 F � ti'fiy� City Manager Nealis presented the staff report. Mayor Lay opened the public hearing and called for testimony. Councilmembers discussed the proposed Ordinance and Councilmember Pernell suggested that a time limit be included in the Ordinance to assure that the restoration be completed in a timely manner. Hearing no further discussion, Mayor Lay called for a motion. Mayor Pro Tern Hill moved that the City Council waive further reading and introduce Ordinance No. 274 as amended to reflect that a time frame for this work to be completed shall be at the discretion of staff based upon specific circumstances. Councilmember Heinsheimer seconded the motion which carried unanimously. The public hearing was continued to the February 9, 1998 City Council meeting. • 1>si �wj`^[� Rai h { • • tp@ellve city 07 Wein98 �a FILED INCORPORATED JWIR&RI 6439a$i CON � NOTICE' DETERMINATION �O�gCK,(tiljivTYCLERK CITY OF •.• Po- = ��:,3?'� , . . ROLLMI HILLS_ �► DEPUTY ON RO ING ILL Ce �•' •o.7a TO: County Clerk County of Los Angeles 12400 East Imperial Highway Norwalk, CA 90650 FROM: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (310) 377-152 C. MOR6A FAX: (310) 377-7288 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. 274 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) Project Description: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL l _ 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. - • - - 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. PLANNING DIRECTOR Signature (Public Agency) (J Date Title Date received for filing: 98074971 Printed on Recycled Paper. 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. 274 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 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. 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 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 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 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 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 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 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 UNGAR (Chief Planning Official) Title: Planning Director Lead Agency: City of Rolling Hills Date: March 31, 1998 980'749'71 COUNTY OF LOS ANGELES REGISTRAR -RECORDER! COUNTY CLERK . O4/ mot$ 2:17PM 00200042 A 15 /GINA 00000000098074971 'COUNTY FEE $25 .00 ?4 TOTAL S25-00 CHECK $25.00 CHANGE $0 .00 CALIFORNIA FBiiLUWi STATE OF CALIFORNIA -THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE (� I� J��/�►H,'(RECEIPT DFG 753.5a ( 1) ' 4 \ 1 "� S Qi - %-1 Lead Agency: Y, County/State Agency of Filin Project Title: n6Ainio /c_f2 11 2/ 7 4 JI (( Project Applicant Name: 1 Phone�utnber: I /c //L Project Applicant Address: .vO r'� q Cad 13=(1' (1 iS D-7 Project Applicant (check appropriate box): Local Public CA enc School District ❑ Other Special District 0 State ency ❑ Private Entity 0 1 74971 Jn es County Date ittib` . Document No.: CHECK APPLICABLE FEES: ( ) Environmental Impact Report $850.00 $ ( ) Negative Declaration $1,250.00 $ ( ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ( ) Projects Subject to Certified Regulatory Programs $850.00 $ County Administrative Fee $25.00 $ (Qic--� O, Project that is exempt from fees Signature and title of person receiving payment : TOTAL RECEIVED $ p� r E FIRST COPY -PROJECT APPLICANT SECOND COPY-DFG/FASB THIRD COPY -LEAD AGENCY FOURTH COPY-COUNTY/STATE AGENCY OF FILING, CITY OF ROLLING HILLS Los Angeles County erk INVOICE NO GROSS AMT Ordinanc 273 25.00 Audited and approved for payment : 160 DISCOUNT 0.00 NUMBER Apr 13 98 NET 25.00 11685 25.00 J t City WA/tiny _AIL ORIGINAL FILED INCORPORATED ARM $4,1999 N(1-9MatTa COMPLERK NOTICE OF DETERMINATION TO: County Clerk County of Los Angeles 12400 East Imperial Highway Norwalk, CA 90650 Filing of Notice of Determination in compliance with Section 211041d`3' *Bytif the Public Resources Code. JJvo SUBJECT: ORDINANCE NO. 274 Project Title NONE State Clearinghouse No. (If submitted to Clearinghouse) FROM: LOLA UNGAR Lead Agency Contact Person City of Rolling Hills 2 Portuguese Bend Roy Rolling Hills, CA 9027 ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 Email cityofrh@aol.com 1511 y v CITY OF ROLLING HQLB gv (310) 377-1521 Area Code/Phone CITY-WIDE, ROLLING HILLS. CA 90274, LOS ANGELES COUNTY Project Location (include county) Project Description: 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. 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. IN A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were, II were not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [_was, U was not] adopted for this project. 5. Findings [ I• 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. Itt-erlr-- Signature (Public Agency) Date received for filing: March 31, 1998 PLANNING DIRECTOR Date Title 98074971 I� I. Printed on Recycled Paper. 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. 274 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 REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO IT5 NATURAL CONTOURS, THE AMENDMENT OF TITLE 15 (BUILDING & 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 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 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 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 will not have an effect on wetlands and that watercourses will not be eliminated or converted. The City Council has determined that the 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 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 UNGAR (Chief Planning Official) Title: Planning Director Lead Agency: City of Rolling Hills Date: March 31, 1998 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 ATTEST: MA LYN 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: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY LEC K ORDINANCE NO. 274 PAGE 2 MEMORANDUM Cay `R0ftL 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 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 nccaord273274.mem Panted on Recycled Paper. ORDINANCE Nv. 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 Qty 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: ORDLNANCE NO. 273 PAGE 1 r (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 2000 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 PAGE2 PASSED AND APPROVED ON THE 9TH DAY OF FEBRUARY, 1998. . ALLEN L,!(X'MAYOR ATTEST: . c.0 .vim MARILYN I , 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 thelaws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK 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 ATTEST: f MA LYN 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: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices ry;\..„, DEPUTY CITY LE ORDINANCE NO. 274 PAGE 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 //7 day of serve the within (O r -J , , 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 Also posted at City Hall. MAILED DELIVERED I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the f f day of , 1998 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK 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. 1.• .04 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 thatexisted 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 ATTEST: i_./1,- MAKILYNKERN, 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: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices ( /LA �C DEPUTY CITY LE ORDINANCE NO. 274 PAGE2 DATE: TO: ATTN: FROM: SUBJECT: £!i 0/ leolli..p 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.C. Mtg. Date: 2/9/98 FEBRUARY 9, 1998 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PLANNING DIRECTOR 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. BACKGROUND At the January 26, 1998 meeting, the City Council introduced the attached draft ordinance referring to geologic excavation with the additional phrase, "and within the time period, if any, specified by the City Manager or designee." The ordinance is proposed to require that property that is scarred by geological excavation be returned to its natural contours in a timely manner. RECOMMENDATION It is recommended that the City Council, open the continued public hearing, take public testimony, close the public hearing and consider Ordinance No. 274 for second reading. and adoption. Printed on Recycled Paper. DRAFT 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. ORDINANCE NO. 274 PAGE 1 DRAFT 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 FEBRUARY, 1998. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 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: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK ORDINANCE NO. 274 PAGE 2 City ova elin9 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377.1521 FAX (310) 377-7288 E-mail cityolrh@aol.com Agenda Item No.: 7.C. Mtg. Date: 1/26/98 DATE: JANUARY 26, 1998 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: 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 11I LE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF "111 LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-30, dated November 18, 1997, is attached recommending to the City Council an ordinance to require that property that is scarred by geological excavation be restored to its natural contours. The resolution was unanimously approved 5-0. In the process of geological excavation, soils engineers or engineering geologists have scarred hillsides by trenching and boring and also to reach remote building sites. The ordinance is proposed to require that property that is scarred by geological excavation be returned to its natural contours. The proposed ordinance additions to Section 15.04.120 of the Building Code and Section 17.16.240 of the Zoning Code will require that property shall be restored to its natural contours, to the maximum extent practicable, following . exploratory excavations. Amend Title 15 (Building and Construction) to read as follows: REMEDIAL REPAIR PAGE 1 ®Panted on Recycled Paper. "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 its natural contours, to the maximum extent practicable, following exploratory excavations. Add Title 17 (Zoning) 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 its natural contours to maintain scenic vistas and mitigate negative aesthetic effects, to the maximum extent practicable, following exploratory excavations." 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. 274. REMEDIAL REPAIR PAGE 2 RESOLUTION NO. 97-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL AND AOMESND AMEND 17 (ZONING) OF THE TITLE 15 (BUILDING & CONSTRUCTION) 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 require that property that is scarred by geological excavation be restored to its natural contours, 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 amendment to Title 15 and Title 17. Section 3. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) 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. RESOLUTION NO. 97-30 PAGE 1 OF 2 Section 4. The Planning Commission recommends that the City Council amend Title 17(Zoning) 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." PASSED, APPROVED AND ADOPTED ON THE 18TH 0 NO EMBER, 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: MARI IA KE , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 97-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND 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: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY LERK RESOLUTION NO. 97-30 PAGE 2 OF 2 DRAFT 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 al LE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF 11'1"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. 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) 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. ORDINANCE NO. 274 PAGE 1 DRAFT i Section 17.16.240 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zon_ng) 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." PASSED AND APPROVED ON THE _TH DAY OF , 1998. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 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 , 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. 274 PAGE 2 DEC 191991 CITY OF ROLLING HILLS City 01 leollinf INCORPORATED JANUARY 24, 1931 NO. ! PORTUGUESE SEND ROAD ROLLING HILLS, CALIF. 90274 pica 3/7•1811 NEGd'�'I�6ECLARATION AND NOTICE OF PUBLIC HEARING NOV p 4 1991 PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, cALIFORNItOUNTY CLERK BY DEPUr NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of -Rolling ills will hold 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: (I) ORIGITarliEZD 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. (2) 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, AMEND TITLE 15 (BUILDING AND CONSTRUCTION), AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. 3r- NSiDERA►fii R�S�TAAZ`. OF�THE EnT6F 01.114 i E1ILLS �- - fl'O REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION - QO , ,AMEND Tfl�.R_ S. mom iOrrl1vGYV._ THE_AZQ G. H1ZI.S� 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 preparents NEGATIVE DECLARATION. FINDINGS 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 F:21_l_ing Hills, 2 Portuguese Bend Road, Rolling Hills, CA 90274. Date: October 24, 1997 THIS NOTICE WAS ON NAV E UNTIL DECEI� �; REGISTRAR-RECORDER/COUNTY CLERK 'rector 97065820 ®o,.rw on �4cicve C�w� City • 12111.9 Jd.•!G INCORPORATED INCORPORATED JANUARY 24, 1957 ge tati NEGATIV DECLARATION NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90271 (310)377-1521 FAX (310) 377.7288 E-mait cityohh®aolcom A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RETURNED TO ITSATURAL CONTOURS, AMEND TITLE 15 TITLE 17 (ZONING) OF THE ROLLING WILLS MUNICIPAL CODE. CONSTRUCTION)UILDING & AND AMEND ( 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 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. 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 project and determined that the project will Nit 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), fT 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, Planni S Director 9'7065820 ®P.rnted On Recycled Pape. Santa Monica Mountains SANTA MONICA -0 7 C� LOS ANGELES ROLLING HILLS San Gabriel Mountains PASADENA LONG BEACH 1.10 (i North scale in miles 6 1 '� t• 1,/ 1,1 I.2 10 WHITTIER y p y 22� SOURCE: CBA 97065820 Vicinity Map JUNE 25, 1990 City ` Roth" Jh// INCORPORATED JANUARY 24, 1957 APPENDIX I CITY OF ROLLING HILLS PLANNING DEPARTMENT INITIAL STUDY QUESTIONNAIRE NO. 2 PORTUGUESE SEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7286 E-mait cityalMead.cOm APPLICATION NO: PROPOSED GEOLOGICAL EXCAVATION 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 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. 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 EXCAVATION REPAIR ORDINANCE I-1 9'7065820 ®P.•r , 1'-' ReGvcied Paper 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' (California Department of Fish and Game, State Department of Parks and Recreation, University of California, 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. 97065820 PROPOSED EXCAVATION 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 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 require that property that is scarred by geological excavation be returned to its natural contours, amend Title 15 (Building & Construction), and 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: 97065820 PROPOSED EXCAVATION REPAIR ORDINANCE I -3. • The surrounding neighboring cities consist of residential building sites with some light commercial aspects. The residential areas also consist of undulating 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 N o 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 EXCAVATION REPAIR ORDINANCE 1-4 x Historical Report Archaeological Report Paleontological Study Line of Sight Exhibits Visual'Analysis Slope Map Fiscal Impact Analysis Air Quality Report Hazardous Materials/Waste 97065820 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 ft 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 23, 1997 PROPOSED EXCAVATION REPAIR ORDINANCE LOLA M. UNGAR, PLANNING DIRECTOR ,Xee4f- /4, [Signature] I -5 9'7065820 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 EXCAVATION REPAIR ORDINANCE I -6 97065820 EVALUATION OF ENVIRONMENTAL IMPACTS: VI. A brief explanation is required for an answers except 'No Impact' answers that are adequately supported by the Information sources a lead agency rites 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 appy 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 wa1 not expose sensitive receptors to pollutants, based on a project -specific screening analysis). VII. All answers must take account of the whole action involved, inducting off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as we 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): Potenfialy y Potentially Sl7r�less Irg Significant Mitigation Impact Incorporated 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 vicinity? d) Affect agricultural resources or operations (e.g. 0 0 0 impacts to soils or farmlands, or impacts from incompatible land uses)? Less Then Significard Impact Impact • PROPOSED EXCAVATION REPAIR ORDINANCE I -7 0 97065820 Potentlaly =it p��y Less Then S it Inc%gaoadedtIon Sl=ant e) Disrupt or divide the physical arrangement of an 0 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 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? 0 0 O c) Seismic ground failure, including liquefaction? 0 0 0 d) Seiche, tsunami, or volcanic hazard? 0 0 0 e) Landslides or mudflows? 0 0 0 f) Erosion, changes in topography or unstable soil 0 conditions from excavation, grading, or fill? Subsidence of the land? 9) 0 0 0 0 h) Expansive soils? 0 0 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 0 0 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 water body? e) Changes in currents, or the course or direction of 0 water movements? PROPOSED EXCAVATION REPAIR ORDINANCE I -8 0 0 No Impact 0 0 0 0 O 0 0 0 97065820 f) Change in the quantity of ground waters, either 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 f ow of groundwater? Potesirrientdaly Pokineally SrLent Ircaporeded tiatlgeficin Less Than S=It O ❑ O O h) Impacts to groundwater quality? 0 0 0 i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ❑ O ❑ O 0 ❑ O O O c) Alter air movement, moisture, or temperature, or 0 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 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 0 habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees)? PROPOSED EXCAVATION REPAIR ORDINANCE 1 -9 O O 0 a No Impact 0 0 0 0 0 0 0 0 O 97065820 Potentially Potentially Si=ard Less i, , $� Mitigation Incorporated c) Locally designated natural communities (e.g., 0 0 a oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vemal 0 0 ® 0 pool)? e) Wildlife dispersal or migration corridors? 0 0 (23 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 0 brush, grass, or trees? X. NOISE. Would the proposal result in: a) Increases in existing noise levels? O 0 0 b) Exposure of people to severe noise levels? Xl. PUBLIC SERVICES. Would the proposal have an effect upon, or resutt in a need for new or altered govemment services in any of the following areas: a) Fire protection? 0 0 0 b) *Police protection? 0 0 0 c) Schools? 0 0 0 d) Maintenance of public facilities, including roads? 0 0 0 e) Other govemmental services? 0 0 0 ❑ ❑ ❑ No Impact 0 CXJ a a a a a a a a a a a PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 0 9%065820 Ifqp Pctendaly Poten yt Si8 S� MItgation No ed aped It Impact 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? b) Communications systems? c) Local or regional water treatment or distnbution 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? ❑ 0 b) Have a demonstrable negative aesthetic effect? 0 0 0 0 o 0 0 o O ❑ o 0 0 ❑ ❑ O 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 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 0 0 0 regional parks or other recreations facilities? b) Affect existing recreational opportunities? 0 0 0 PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 1 0 0 0 0 0 O 0 0 97065820 Potentially Pctentlely S� Mitfgat on Incorporated lass Then Sigr 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 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 Califomia 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 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 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 0 0 0 0 and state where they are available for review. PROPOSED EXCAVATION REPAIR ORDINANCE 1 •12 No taped 123 97065820 r Poland* POte-OBly Lass Then $= IncorporaEed 8=ont No b) Impacts adequately addressed. Identity 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 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 The ordinance is proposed to require that property that is scarred by geological excavation be retumed to its natural contours, amend Title 15 (Building & Construction), and Title 17 (Zoning) of the Rolling Hills Municipal Code. Item III. GEOLOGICAL PROBLEMS. f. Although approval of the ordinance will not result in future disruptions, displacements, compaction, or overcrowding of the soil, during future geological excavation and repair 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 geological excavation and repair, 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 geological trenching and boring, related erosion impacts will be less than significant. PROPOSED EXCAVATION REPAIR ORDINANCE 1-13 97065820 Mitigation Measures 1. The ordinance is proposed to mitigate potential scarring of hillsides by geologic excavation and property owners/geologists 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. 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 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 Califomia 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 XIII. CULTURAL RESOURCES. a -b. Although the proposed ordinance will not effect cultural resources, future geological excavation on individual lots may affect scenic vistas and have a demonstrable negative aesthetic effect. The proposed ordinance will be drafted to require the maintenance of scenic vistas and mitigate negative aesthetic effects. In addition, the General Plan and Zoning Code set forth policies to maintain the natural contours of the property in the City. The impact of the proposed ordinance will be less than significant. PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 4 9'7065820 e Coy 0/ INCORPORATED JANUARY 24, 1937 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1621 FAX (310) 377.7288 Emait c.itydrtteactcom HEARING DATE: NOVEMBER 18, 1997 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A ROLLING HILLS TO REQPUIRE THAT PRROPOSED OPERTY THE OF RTYTHATISS 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. BACKGROUND On October 21, 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. In the process of geological excavation, soils engineers or engineering geologists have scarred hillsides by trenching and boring and also to reach remote building sites. The ordinance is proposed to require that property that is scarred by geological excavation be returned to its natural contours. The proposed ordinance additions to Section 15.04.120 of the Building Code and Section 17.16.240 of the Zoning Code will require that property shall be restored to its natural contours, to the maximum extent practicable, following exploratory excavations. Amend Title 15 (Building and Construction) 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: GEOLOGICAL EXCAVATION REPAIR PAGE 1 ®Pr.-ted On Recycled Paper (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 its natural contours, to the maximum extent practicable, following exploratory excavations. Add Title 17 (Zoning) 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 its natural contours to maintain scenic vistas and mitigate negative aesthetic effects, to the maximum extent practicable, following exploratory excavations." 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 geological excavation repair. The Commission may review and adopt the attached resolution or the Commission may allow the existing Building and Zoning Codes to be sustained. GEOLOGICAL EXCAVATION REPAIR PAGE 2 MEMORANDUM City opeollinv 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 Printed on Recycled Paper. Ci1 offRO//L J4/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 MEMORANDUM TO: PEGGY MINOR, RHCA MANAGER FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: 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: JANUARY 27, 1998 Attached to this memorandum is a staff report that was presented to the City Council regarding proposed Ordinance No. 274. This Ordinance will require that properties that are the subject of geological excavation will be restored to their natural contours. As you know, under the vast majority of circumstances, geological excavation does not require a grading permit by the City or County of Los Angeles. If a property is excavated for geological review, and the project is never pursued, this Ordinance will serve to give the City the tool to require that that property be returned to its natural configuration. This Ordinance will be considered for adoption by the City Council at their regular meeting held on Monday, February 9, 1998. Should you have any questions, please do not hesitate to let me know. CRN:mlk 01/27/98nccaord. mems Printed on Recycled Paper. DATE: TO: ATTN: FROM: SUBJECT: Ci1g e/ l2 fti,.s JJ.•PF 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.C. 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. 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 11'1LE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF 111LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-30, dated November 18, 1997, is attached recommending to the City Council an ordinance to require that property that is scarred by geological excavation be restored to its natural contours. The resolution was unanimously approved 5-0. In the process of geological excavation, soils engineers or engineering geologists have scarred hillsides by trenching and boring and also to reach remote building sites. The ordinance is proposed to require that property that is scarred by geological excavation be returned to its natural contours. The proposed ordinance additions to Section 15.04.120 of the Building Code and Section 17.16.240 of the Zoning Code will require that property shall be restored to its natural contours, to the maximum extent practicable, following exploratory excavations. Amend Title 15 (Building and Construction) to read as follows: REMEDIAL REPAIR PAGE I 411, to Pnnled on Recycled Pape.. "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 perrr.it 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 its natural contours, to the maximum extent practicable, following exploratory excavations. Add Title 17 (Zoning) 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 its natural contours to maintain scenic vistas and mitigate negative aesthetic effects, to the maximum extent practicable, following exploratory excavations." 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. 274. REMEDIAL REPAIR PAGE2 RESOLUTION NO. 97-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN BY G,EDLOG CALANCE OEXCQUIRE THAT AVATION BE RESTPERTY ORED THAT IS SCARRED TO ITS NATURAL CANOD�O�S�AMI AMEND TITLE 15 (BUILDING & E 17 (ZONING) OF THE CONSTRUCTION) 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 tyCouncil excavation berestored to its natural proposed ordinance require that property that is scarred by geological contours, 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 amendment to Title 15 and Title 17. Section 3. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) 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. RESOLUTION NO. 97.30 PAGE I OF 2 Section 4. The Planning Commission recommends that the City Council amend Title 17(Zoning) 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." PASSED, APPROVED AND ADOPTED ON THE 18THQ A 0 NOKEMBER, 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KE , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 97-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND 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. None. AYES: NOES: ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY LERK RESOLUTION NO. 97-30 PAGE 2 OF 2 DRAFT 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 hearir.g 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) 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. ORDINANCE NO. 274 PAGE 1 DRAFT Section 4, Section 17.16.240 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) is added to read as follows: "Section 17.16,240 Exploratory ewvations. 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." PASSED AND APPROVED ON THE _TH DAY OF , 1998. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Ordinance No. 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 , 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. 274 PAGE 2 r to • • DEC 191997 CITY OF ROLLING HILLS INCORPORATED JANUARY 14, 1937 NEGd'TIVrDECLARATION AND NO. 2 PORTUGUESE DENO ROAD ROVING NILIS, CALIF. 90274 PIO 377.1521 ORIGIOCREVD NOTICE OF PUBLIC HEARING NOV p 4 1997 PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNItOUNYY CLERK BY DEPUr NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of olting ills will hold 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. (2) 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, AMEND TITLE 15 (BUILDING AND CONSTRUCTION), AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. 3r -4.a NSIDE ato-N drA'Pt0ME ORISIITARttro T iftt Y -SF Rot IOTIL S -' - 'TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION )3E ,RiJ TO_��TS- COI POLMt.S; ;AMEND Tfl 8. i5'�(BUILON0,: t. CON iTRi1 ON) Af S 17 (2ONING).._QF THE.. ROLLING HIL1.S� tufUN1CTPAL" CODE _ ..._ _ Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rollins 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 preparenits NEGATIVE DECLARATION. FINDINGS 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, Rolling Hills, CA 90274. THIS NOTICE WAS Date: October 24, 1997 oN NAVE DECEM 86; UNTIL REGISTRAR-RECORDER/COUNTY CLERK 'rector 97065820 Ct i g D /.JILPZ _/Ld INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (3101377.1521 FAX (3101 377-7288 E-mait cityohh@eol.com NEGATIVE DECLARATION 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. 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 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. 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 project and determined that the project 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 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, Planni iT Director 97065820 181 me l on Recycle,' Pao., Santa Monica Mountains SANTA MONICA 7 C.) 0 URI T North scale in miles LOS ANGELES ROLLING HILLS San Gabriel Mountains I$, PASADENA LONG BEACH l.' WHITTIER w y J pq; HWY 22., SOURCE: CBA 97065820 Vicinity Map JUNE 25. 1990 Cti //2/&, Jh/h 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 Emeit cityolm@eol.com APPLICATION NO: PROPOSED GEOLOGICAL EXCAVATION 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 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. 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 EXCAVATION REPAIR ORDINANCE I -1 97065820 OP...P� i Qe'v 'ea Dion. 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 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" (California Department of Fish and Game, State Department of Parks and Recreation,' University of California, 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. 9'065820 PROPOSED EXCAVATION 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 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 require that property that is scarred by geological excavation be returned to its natural contours, amend Title 15 (Building & Construction), and 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: PROPOSED EXCAVATION REPAIR ORDINANCE I -3 97065820 The surrounding neighboring cities consist of residential building sites with some light commercial aspects. The residential areas also consist of undulating 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 N o N/A 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 EXCAVATION REPAIR ORDINANCE l 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 97065620 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 23, 1997 LOLA M. UNGAR, PLANNING DIRECTOR de& [Signature] I -5 97065820 PROPOSED EXCAVATION REPAIR ORDINANCE 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 EXCAVATION REPAIR ORDINANCE I -6 97065820 EVALUATION OF ENVIRONMENTAL IMPACTS: VI. A brief explanation is required for d 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 N 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 constriction 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 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): C3 Potentfaly Significant Impact 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 vicinity? d) Affect agricultural resources or operations (e.g. 0 0 0 impacts to soils or farmlands, or impacts from incompatible land uses)? �S Less Than Mitigation Significar* ' No Imam -awl Impact ` Impact • 0 ❑x 97065820 PROPOSED EXCAVATION REPAJR ORDINANCE Potenesly Potentlaa8y Lass No MitigationS� Incorporated War Impact e) Disrupt or divide the physical arrangement of an 0 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 0 population projections? b) Induce substantial growth in an area either 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 housing? III. GEOLOGICAL PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? 0 0 0 d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil 0 ❑ 0 0 conditions from excavation, grading, or fill? g) Subsidence of the land? 0 0 h) Expansive soils? 0 0 i) Unique geologic or physical features? 0 0 Q ❑ 0 ❑ O 0 ❑ O ❑ ❑ ❑ 0 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 of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 water body? e) Changes in currents, or the course or direction of 0 water movements? PROPOSED EXCAVATION REPAIR ORDINANCE I -8 O 0 O 0 O 0 0 0 0 C3 C3 El 0 0 C3 0 El 9'7065820 f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Poterdaly t St3nieas Lass Then Mitigation Ircorporated Sl� Impact 0 0 g) Altered direction or rate of flow of groundwater? 0 0 0 h) Impacts to groundwater quality? 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 0 c) Atter air movement, moisture, or temperature, or 0 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 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 tumours, 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 0 Qx habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage 0 0 al trees)? a Q 0 0 0 0 0 9'7065820 PROPOSED EXCAVATION REPAIR ORDINANCE I -9 Sir= c) Locally designated natural communities (e.g., 0 oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vemal O 0 pool)? e) Wildlife dispersal or migration corridors? ❑ 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 inefficient manner? c) Result in the loss of availability of a known 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 O 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 0 b) Exposure of people to severe noise levels? 0 0 0 XI. 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 0 0 b) Police protection? 0 0 0 c) Schools? 0 0 0 d) Maintenance of public facilities, including roads? 0 0 0 e) Other govemmental services? 0 0 0 S� Mitigation Inaxporated 0 L Dia No Inped 0 0 0 0 C3 0 0 0 PROPOSED EXCAVATION REPAIR ORDINANCE I -1 0 97065820 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? b) Communications systems? c) Local or regional water treatment or distnbution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 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 tight 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? Potestr&ly Potentially •S=t Mitigation Incorporated .s. Less Than • o 0 ❑ O ❑ O o o 0 o 0 ❑ o o ❑ O 0 O 0 0 0 CD ❑ O O 0 0 0 0 0 0 0 0 0 0 O 0 0 ❑ O O O O O El 0 0 C3 PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 1 97065820 Potentially ly PPotentially SUNsss ( less Than No fmpect grated tion Sr Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade 0 ❑ 0 031 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 short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are 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. 1] 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 ❑ 0 0 ❑ and state where they are available for review. PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 2 97065820 Potwar,ly Potenttely SI3Zwit Less Than 102dgetkin St= N° inococreind laced 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 O 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 The ordinance is proposed to require that property that is scarred by geological excavation be returned to its natural contours, amend Title 15 (Building & Construction), and Title 17 (Zoning) of the Rolling Hills Municipal Code. Item III. GEOLOGICAL PROBLEMS. f. Although approval of the ordinance will not result in future disruptions, displacements, compaction, or overcrowding of the soil, during future geological excavation and repair 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. i. Also, during future geological excavation and repair, 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 geological trenching and boring, related erosion impacts will be less than significant. PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 3 9'7065820 Mitigation Measures 1. The ordinance is proposed to mitigate potential scarring of hillsides by geologic excavation and property owners/geologists 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. 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 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 Califomia 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 XIII. CULTURAL RESOURCES. a -b. Although the proposed ordinance will not effect cultural resources, future geological excavation on individual lots may affect scenic vistas and have a demonstrable negative aesthetic effect. The proposed ordinance will be drafted to require the maintenance of scenic vistas and mitigate negative aesthetic effects. In addition, the General Plan and Zoning Code set forth policies to maintain the natural contours of the property in the City. The impact of the proposed ordinance will be less than significant. PROPOSED EXCAVATION REPAIR ORDINANCE I -14 97065820 SCity Rolling ildits INCORPORATED JANUARY 24, 1937 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 Email cityoldr@aol.com 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 REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RETURNED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND 111'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 require that property that is scarred by geological excavation be returned to its natural contours. In the process of geological excavation, soils engineers or engineering geologists have scarred hillsides by trenching and boring and also to reach remote building sites. The ordinance is proposed to require that property that is scarred by geological excavation be returned to its natural contours. The proposed ordinance additions to Section 15.04.120 of the Building Code and Section 17.16.240 of the Zoning Code will require that property shall be restored to its natural contours, to the maximum extent practicable, following exploratory excavations. Amend Title 15 (Building and Construction) 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: GEOLOGICAL EXCAVATION REPAIR PAGE 1 ®Per,ed On Recycled Pape, (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 its natural contours, to the maximum extent practicable, following exploratory excavations. Add Title 17 (Zoning) 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 its natural contours to maintain scenic vistas and mitigate negative aesthetic effects, to the maximum extent practicable, following exploratory excavations." 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 geological excavation repair. The Commission may review and adopt the attached resolution or the Commission may allow the existing Building and Zoning Codes to be sustained. GEOLOGICAL EXCAVATION REPAIR PAGE2 City 0/ _WA 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.C. Mtg. Date: 1/26/98 DATE: JANUARY 26, 1998 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: 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 '1 t 1"LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND Planning Commission Resolution No. 97-30, dated November 18, 1997, is attached recommending to the City Council an ordinance to require that property that is scarred by geological excavation be restored to its natural contours. The resolution was unanimously approved 5-0. In the process of geological excavation, soils engineers or engineering geologists have scarred hillsides by trenching and boring and also to reach remote building sites. The ordinance is proposed to require that property that is scarredby geological excavation be returned to its naturai contours. The proposed ordinance additions to Section 15.04.120 of the Building Code and Section 17.16.240 of the Zoning Code will require that property shall be restored to its natural contours, to the maximum extent practicable, following exploratory excavations. Amend Title 15 (Building and Construction) to read as follows: REMEDIAL REPAIR PAGE I sa Printed on Recycled Paper. "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 perrr.it 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 its natural contours, to the maximum extent practicable, following exploratory excavations. Add Title 17 (Zoning) 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 its natural contours to maintain scenic vistas and mitigate negative aesthetic effects, to the maximum extent practicable, following exploratory excavations." 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. 274. REMEDIAL REPAIR PAGE 2 RESOLUTION NO. 97-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND 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 require that property that is scarred by geological excavation be restored to its natural contours, 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 amendment to Title 15 and Title 17. Section 3. The Planning Commission recommends that the City Council amend Title 15 (Building and Construction) 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. RESOLUTION NO. 97-30 PAGE 1 OF 2 Section 4. The Planning Commission recommends that the City Council amend Title 17(Zoning) 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." PASSED, APPROVED AND ADOPTED ON THE 18TH 0 NO EMBER, 1997. ALLAN ROBERTS, CHAIRMAN ATTEST: g . MARILYN KE , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 97-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN ORDINANCE TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, AMEND TITLE 15 (BUILDING & CONSTRUCTION) AND AMEND 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: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices S-. k . DEPUTY CITY LERK RESOLUTION NO. 97-30 PAGE 2 OF 2 DRAFT 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 1'1'i'LE 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) 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. ORDINANCE NO. 274 PAGE 1 DRAFT Section 4. Section 17.16.240 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) 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." PASSED AND APPROVED ON THE _TH DAY OF , 1998. B. ALLEN LAY, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify that the foregoing Ordinance No. 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 , 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. 274 PAGE 2 • DEC 191997 CITY OF ROLLING HILLS Roffinf INCORPORATED JANUARY 24, 1957 NEG ECLARATION AND NO. 2 PORTUGUESE BEND ROAD ROILING HILLS, CALIF. 90214 310 377.1521 ORIGIO'°' 'D NOTICE OF PUBLIC HEARING NOV 0 4 1997 PLANNING COMMISSION OF THE CITY OF ROLLING Mils, CALIFORNItOUNTY CLERK BY DEPOT` NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of o ling ills will hold 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. (2) 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, AMEND TITLE 15 (BUILDING AND CONSTRUCTION), AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. rare` CONSIDTEXfiaN _O A F EIYORAIIfANCE OF THI? CITY OF ROLLING :BILLS: ;' rrO,REQUIRE THAT PROPERTY�THi T IS SCARRED BY GEOLOGICAL EXCAVATION GO URS AMEND TI'I'[.E_ ~ S x(BUIL II�I(3 -dt CON , ..CIIb AlAi '�E (CONING). 9F, TIDE ;ROLLING, HILL$=- IUNICIPAY. 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 preparedTiis NEGATIVE DECLARATION. FINDINGS 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, Rolling_ Hills, CA 90274. THIS NOTICE WAS Date: October 24, 1997 ON NAyVE1IiEE UNTIL D E C E kitillE 364 ; REGISTRAR-RECORDER/COUNTY CLERK IrectOr 9'7065820 ®P,..wed On Recycsed Pao., • • City ofieoffing INCORPORATED JANUARY 24, 1957 NEGATIVE DECLARATION NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX (310) 377.7288 E-mail cityofrh@aol.com 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. 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 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. 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 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 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, Planni Director 97065820 ®Pranced on Recycled Paper Roll:.q .Kilo Santa Monica Mountains SANTA MONICA cr» gam Air 0 9 / San Gabriel Mountains LOS ANGELES ROLLING HILLS PASADENA WHITTIER SOURCE: CBA 97065820 Vicinity Map JUNE 25, 1990 Ci,y `a /r s _Willi 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 Email cityotra@aol.com APPLICATION NO: PROPOSED GEOLOGICAL EXCAVATION 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 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. 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. 97065820 PROPOSED EXCAVATION REPAIR ORDINANCE (ii)ID.,?..”-1 on Recycled Pane, 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" (California Department of Fish and Game, State Department of Parks and Recreation, University of California, 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. 9"7065820 PROPOSED EXCAVATION 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 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 require that property that is scarred by geological excavation be returned to its natural contours, amend Title 15 (Building & Construction), and 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: I -3 97065820 PROPOSED EXCAVATION REPAIR ORDINANCE The surrounding neighboring cities consist of residential building sites with some light commercial aspects. The residential areas also consist of undulating 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 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 EXCAVATION 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 97065620 1 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 23, 1997 PROPOSED EXCAVATION REPAIR ORDINANCE LOLA M. UNGAR, PLANNING DIRECTOR I -5 97065820 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 EXCAVATION REPAIR ORDINANCE I -6 97065820 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 weft 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): Potentially . Significant • Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I . LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 0 0 b) Conflict with applicable environmental plans or 0 0 polices adopted by agencies with jurisdiction over the project c) Be incompatible with existing land use in the 0 0 vicinity? d) Affect agricultural resources or operations (e.g. 0 0 impacts to soils or farmlands, or impacts from incompatible land uses)? PROPOSED EXCAVATION REPAIR ORDINANCE 0 0 0 0 a 97065820 1 Potentially Nficant Piop�tentiafy Ness Less Than Mit:1900n No SGr Incorporated SiCactcant Impact e) Disrupt or divide the physical arrangement of an 0 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 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? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? 0 0 0 f) Erosion, changes in topography or unstable soil 0 conditions from excavation, grading, or fill? g) Subsidence of the land? h) Expansive soils? 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 0 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 0 water movements? lEI a 0 0 0 CI 0 PROPOSED EXCAVATION REPAIR ORDINANCE I -8 9'7065820 caritttailY ENO ess SPloptentiafy on Less Then impact Incorporated Impact • 1) Change in the quantity of ground waters, either 0 • 0 ❑ through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial toss 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 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 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 c) Alter air movement, moisture, or temperature, or 0 0 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 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 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 0 �x habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage 0 0 trees)? No Impact 0 0 0 0 PROPOSED EXCAVATION REPAIR ORDINANCE I -9 97065820 Potentially Significant Potentially M Ness iga Incorporated c) Locally designated natural communities (e.g., 0 0 oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vemal 0 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 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 0 b) Exposure of people to severe noise levels? 0 0 0 Less Than Significant No Impact Impact ® 0 0 O 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 0 0 Ox b) Police protection? 0 0 0 Qx c) Schools? 0 0 0 ❑x d) Maintenance of public facilities, including roads? 0 0 0 0 e) Other governmental services? 0 0 0 El PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 0 97065820 Potentially . Potentially' skdNesst Less Than ' Significant Mitigation No rt�pact Incorporated ' rif a t + . Impact 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? 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? XI II. 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? 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? ❑ o ❑ ❑ ❑ ❑ o 0 0 ❑ ❑ 0 ❑ 0 0 O ❑ ❑ O 0 0 O 0 O 0 0 O 0 0 ❑ ❑ • ❑ O ❑ ❑ ❑ ❑ 0 O 0 0 O 0 0 O 0 0 O 0 0 Q 0 0 0 El El 0 El PROPOSED EXCAVATION REPAIR ORDINANCE I -1 1 Of) 97065820 Potentially Potentially . Siarniltsalit lass Than nficarrt Mitigation Mgr rat No • mpact Incorporated Impact Impact XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade 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 Califomia 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 CEOA 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 CEOA Guidelines. In this case a discussion should identify the following on attached sheets. a) Earlier analyses used. Identify earlier analyses 0 0 0 and state where they are available for review. PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 2 97065820 • Potent* Significant Potentially Unless U3SS Than Mitigation No Siripflactcant Incorporated Impact 4 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 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 The ordinance is proposed to require that property that is scarred by geological excavation be retumed to its natural contours, amend Title 15 (Building & Construction), and Title 17 (Zoning) of the Rolling Hills Municipal Code. Item III. GEOLOGICAL PROBLEMS. f. Although approval of the ordinance will not result in future disruptions, displacements, compaction, or overcrowding of the soil, during future geological excavation and repair 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 geological excavation and repair, 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 geological trenching and boring, related erosion impacts will be less than significant. PROPOSED EXCAVATION REPAIR ORDINANCE 1 -1 3 57065820 Mitigation Measures 1. The ordinance is proposed to mitigate potential scarring of hillsides by geologic excavation and property owners/geologists 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. 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 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 Califomia 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 XIII. CULTURAL RESOURCES. a -b. Although the proposed ordinance will not effect cultural resources, future geological excavation on individual lots may affect scenic vistas and have a demonstrable negative aesthetic effect. The proposed ordinance will be drafted to require the maintenance of scenic vistas and mitigate negative aesthetic effects. In addition, the General Plan and Zoning Code set forth policies to maintain the natural contours of the property in the City. The impact of the proposed ordinance will be less than significant. PROPOSED EXCAVATION REPAIR ORDINANCE I -14 9'7065820 fit) City op/20/ling JUL 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 CTTY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RETURNED TO ITS NATURAL CONTOURS, AMEND 1'1'1'LE 15 (BUILDING & CONSTRUCTION) AND AMEND 1'1'I 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-mait cityotrh@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 require that property that is scarred by geological excavation be returned to its natural contours. In the process of geological excavation, soils engineers or engineering geologists have scarred hillsides by trenching and boring and also to reach remote building sites. The ordinance is proposed to require that property that is scarred by geological excavation be returned to its natural contours. The proposed ordinance additions to Section 15.04.120 of the Building Code and Section 17.16.240 of the Zoning Code will require that property shall be restored to its natural contours, to the maximum extent practicable, following exploratory excavations. Amend Title 15 (Building and Construction) 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: GEOLOGICAL EXCAVATION REPAIR PAGE 1 Parted on Recycled Paoe, • s (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 its natural contours, to the maximum extent practicable, following exploratory excavations. Add Title 17 (Zoning) 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 its natural contours to maintain scenic vistas and mitigate negative aesthetic effects, to the maximum extent practicable, following exploratory excavations." 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 geological excavation repair. The Commission may review and adopt the attached resolution or the Commission may allow the existing Building and Zoning Codes to be sustained. GEOLOGICAL EXCAVATION REPAIR PAGE2 1' 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 C day of , 1998 serve the within 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 Palos Verdes City Attorney City Manager Peninsula News 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 is day of)41,72.e...et. , 1998 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK City Vii?!! y JUL 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. cf. MARILYN L. KERN DEPUTY CITY CLERK Publish once in the Palos Verdes Peninsula News Thursday, January 15, 1998 ., Printed on Recycled Paper.