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2500 Planning - Ordinance No 335 & No 286 - Grading Plans & Amending Title 17 of the Rolling Hills Municipal CodeCONSIDERATION OF PROPOSED ORDINANCE NO. 286 OF THE CITY OF ROLLING HILLS REGARDING GRADING AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PURPOSE OF THE ORDINANCE IS TO CODIFY AN EXISTING CITY POLICY REGARDING MAJOR MODIFICATION OF PREVIOUSLY APPROVED GRADING FOR WHICH DISCRETIONARY PERMITS ARE REQUIRED BY THE ZONING ORDINANCE. (SECOND READING AND ADOPTION) City Manager Nealis indicated that Ordinance No. 286 was introduced at the City Council meeting on January 22, 2001 and is presented this evening for second reading and adoption. Mayor Pro Tem Murdock opened the continued public hearing and called for testimony. Hearing none, she closed the public hearing and called for a motion. Councilmember Lay moved that the City Council waive further reading . and adopt Ordinance No. 286. Councilmember Hill seconded the motion which carried unanimously. OLD BUSINESS • CONSIDERATION OF PROPOSED ORDINANCE NO. 286 OF THE CITY OF ROLLING HILLS REGARDING GRADING AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PURPOSE OF THE ORDINANCE IS TO CODIFY AN EXISTING CITY POLICY REGARDING MAJOR MODIFICATION OF PREVIOUSLY APPROVED GRADING FOR WHICH DISCRETIONARY PERMITS ARE REQUIRED BY THE ZONING ORDINANCE. (FIRST READING AND INTRODUCTION) City Manager Nealis presented the staff report providing background regarding the proposed ordinance and its review and recommendation by the Planning Commission. In response to Mayor Pernell, City Manager Nealis explained that this policy does not represent any change . in the process or procedure that exists today. He said that proposed ordinance re -identifies that a grading modification, in addition to a structural modification, can cause a re -application before the Planning Commission. Mayor Pemell opened the public hearing and called for testimony. Mr. Robert Wolfenden, 60 Eastfield Drive, queried what constitutes a major modification and stated that he feels that a major or minor modification should be quantified. City Manager Nealis explained that a major modification could include a grading quantity change. He explained the Site Plan Review process and explained a condition that the Planning Commission had requested that any modification that constitute additional structural development must come back before the Commission. City Attorney Jenkins explained that some changes may not actually change quantities but might be considered major because grading is occurring in a different location than was originally contemplated. He said that a modification may be deemed major if it is significantly different from the plan that was reviewed and approved by the Planning Commission and/or the City Council. He also explained how a project may be deemed in substantial conformance with the plan that was reviewed by the discretionary body. Hearing no further discussion, Mayor Pemell called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and introduce Ordinance No. 286. Councilmember Lay seconded the motion which carried unanimously. The public hearing was continued to the next regular meeting of the City Council to be held on Monday, February 12, 2001. Mayor Pemell called upon Mrs. Jeanne Saks, 33 Crest Road West, who indicated that her son, Michael, was attending the City Council meeting in an effort to earn a merit badge. Mayor Pernell invited Michael to join him at the Council table and explained the proceedings to Michael. OLD BUSINESS 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 1s` day of August , 2013, I serve the within City Council - Notice of Public Hearing ORDINANCE NO. 335. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 (ZONING) AND TITLE 16 (SUBDIVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO GRADING AND DISTURBANCE OF LOTS IN ZONING CASE NO. 832, ZONING CODE AMENDMENT NO. 2013-01. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 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: E -MAILED PVP NEWS MAILED NONE DELIVERED NONE Also posted at City Hall I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the ls` day of August , 2013 at Rolling Hills, California. EWA NIKODEM ADMINISTRATIVE ASSISTANT - C1t o/elli»9 Jh/i INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA The CITY COUNCIL of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on MONDAY, AUGUST 12, 2013 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following: ORDINANCE NO. 335. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 (ZONING) AND TITLE 16 (SUBDIVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO GRADING AND DISTURBANCE OF LOTS IN ZONING CASE NO. 832, ZONING CODE AMENDMENT NO. 2013-01. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). MUNICIPAL CODE APPLICATIONS: Section 17.34.030 - Noticing Requirements and Section 17.50.020(B) - Amendments to the Zoning Code. The purpose of the public hearing is to amend the Municipal Cede to relax the requirements of disturbance of lots resulting from grading in order to preserve, to maximum degree practicable, the natural terrain of lots in the City. Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed amendments in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Publish in Palos Verdes Peninsula News on Thursday, August 1, 2013. Printed on Recycled Paper ORDINANCE NO. 286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 2000-31, dated December 19, 2000. Section 2. On January 22, 2001 the City Council held a public hearing regarding proposed Ordinance No. 286 to codify existing City policy regarding final grading plans and to amend Section 17.46.070 of the Rolling Hills Municipal Code. Section 3. Subparagraph E. of Section 17.46.070, of Chapter 17.46 (SUBSEQUENT MODIFICATION) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code is hereby added to read in its entirety as follows: "E . Upon approval of the Building Official of the final grading plans for a project that has received Site Plan review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a public hearing before the Planning Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE 12' DAY OF February, 2 ATTEST: f NKERN, MA N KERN CLERK DEPUTY CITY CLE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ (S�D''`iz�' 7►e� , D.D.S., MAYOR I certify that the foregoing Ordinance No. 286 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 12, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Heinsheimer, Hill, Lay and Mayor Pro Tem Murdock. None. Mayor Pernell. None. and in compliance with the laws of California was posted at the following: Administrative Offices . DEPUTY CITY CLERK Ordinance No. 286 PAGE 1 f 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 /3r4 day of , 2001. " I serve the within 4/0 . X84,6 l 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 City Manager Conimittee Members Also posted at City Hall. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the /32 day of , 2001 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK ORDINANCE NO. 286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 2000-31, dated December 19, 2000. Section 2. On January 22, 2001 the City Council held a public hearing regarding proposed Ordinance No. 286 to codify existing City policy regarding final grading plans and to amend Section 17.46.070 of the Rolling Hills Municipal Code. Section 3. Subparagraph E. of Section 17.46.070, of Chapter 17.46 (SUBSEQUENT MODIFICATION) of Title 17 of the Zoning Ordinance,of the Rolling Hills Municipal Code is hereby added to read in its entirety as follows: "E . Upon approval of the Building Official of the final grading plans for a project that has received Site Plan review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a public hearing before the Planning Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE 12"' DAY OF February, ATTEST: f MA 1 NE DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ D.D.S., MAYOR I certify that the foregoing Ordinance No. 286 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND.AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 12, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Heinsheimer, Hill, Lay and Mayor Pro Tem Murdock. None. Mayor Pernell. None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 286 PAGE 1 City ofiellin �L L3 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. 6C Mtg. Date: 2/12/01 DATE: FEBRUARY 12, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: . YOLANTA SCHWARTZ, PRINCIPAL PLANNER SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE NO. 286: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. BACKGROUND At the January 22, 2001.meeting, the City Council introduced attached Ordinance No. 286 pertaining to the codification of City policy regarding major modification of previously approved grading, for which discretionary permits are required. The staff report that was presented on January 22, 2001 is attached for information. RECOMMENDATION . It is recommended that the City Council open the public hearing, take public testimony and adopt Ordinance No. 286. Printed on Recycled Paper. DRAFT ORDINANCE NO. 286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 2000-31, dated December 19, 2000. • Section 2. On January 22, 2001 the City Council held a public hearing regarding proposed Ordinance No. 286 to codify existing City policy regarding final grading plans and to amend Section 17.46.070 of the Rolling Hills Municipal Code. Section 3. Subparagraph E. of Section 17.46.070, of Chapter 17.46 (SUBSEQUENT MODIFICATION) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code is hereby added to read in its entirety as follows: "E . Upon approval of the Building Official of the final grading plans for a project that has received Site Plan Review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a public hearing before the Planning Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE 12TH DAY OF FEBRUARY 2001. GODFREY PERNELL, D.D.S., MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 286 PAGE 1 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 286 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. r ,:' was approved and adopted at a regular meeting of the City Council on February 12, 2001 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. 286 PAGE 2 c r�lf,.gJJ•f� 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.: 7C. Mtg. Date: 1/22/01 DATE: JANUARY 22, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PRINCIPAL PLANNER SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE NO. 286: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing City policy regarding . major modification of previously approved grading for which discretionary permits are required by the Zoning Ordinance. BACKGROUND At the October 30, 2000 meeting of the City Council, the Council discussed and considered methods to improve the accuracy of grading plans submitted to the City. Following deliberations the City' Council requested that the Planning Commission consider an ordinance regarding grading and modifications made to grading plans of previously approved cases for which discretionary permits are required. On December 19, 2000, the Planning Commission approved attached Resolution No. 2000-31 with a vote of 5-0. The purpose of the ordinance is to codify an existing City policy regarding major modification of previously approved grading for which discretionary permits are required by the Zoning Ordinance. The proposed Ordinance will add a new subparagraph "E" to Section 17.46.070 (Subsequent Modification) of the Zoning Ordinance. Subparagraph "E" will require that prior to issuance of a grading permit, the applicant shall submit the final grading plans to the City. The City staff will determine whether any modifications from the original approval were made. If the final grading plans represent a major modification, a public hearing before the Planning Commission will be required. ®Printed or: Recycled Paper After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will have no impact on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with CEQA Guidelines. • RECOMMENDATION It is recommended that the City Council open the public hearing and take public testimony, and consider draft Ordinance No. 286 for first reading and introduction. DRAFT ORDINANCE NO. 286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS. MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 2000-31, dated December 19, 2000. Section 2. On January 22, 2001 the City Council held a public hearing regarding proposed Ordinance No. 286 to codify existing City policy regarding final grading plans and to amend Section 17.46.070 of the Rolling Hills Municipal Code. • Section 3. Subparagraph E. of Section 17.46.070, of Chapter 17.46 (SUBSEQUENT MODIFICATION) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code is hereby added to read in its entirety as follows: "E . Upon approval of the Building Official of the final grading plans for a project that has received Site Plan review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a public hearing before the Planning Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE nd DAY OF 2001. GODFREY PERNELL, D.D.S., MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 286 PAGE 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 286 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on 2001 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. 286 PAGE 2 JUL (te 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 • DATE: DECEMBER 19, 2000 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HELLS REGARDING GRADING -AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing City policy regarding major modification of previously approved grading for which discretionary permits are required by the Zoning Ordinance. BACKGROUND The attached draft ordinance regarding final grading plans is proposed to codify an existing City Policy to be included in the Zoning Code that states that when the Building Official stamps the final grading plans for a project that has received Site Plan Review approval, the applicant is required to submit the grading plans to the City for review. At that time, if the final grading plans represent a major modification of the project, the project would require a public hearing before the Planning Commission. RECOMMENDATION It is recommended that the Planning Commission open the public hearing, take public testimony, and consider draft Resolution No. 2000-31. FINAL GRADING PLANS PAGE -1 ;Y 6'! r Printer! or: H.'scvcled �:,;�; �:;•: RESOLUTION NO. 2000-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF. ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. Section 2. The Planning Commission recommends that the City Council add a new subparagraph E. to Section 17.46.070, of Chapter 17.46 (Subsequent modification) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read in its entirety as follows: "E. Upon approval by the Building Official of the final grading plans for a project that has received Site Plan Review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a' public hearing before the Planning Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE 19TH DAY OF DECEMBER 2000. 1 A'1"TEST: . t . ,(�`c�►-J MARILYN KE , DEPUTY CITY CLERK RESOLUTION NO. 2000-31 PAGE 1 ALLAN ROBERTS, CHAIRMAN STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2000-31 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on December 19, 2000 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices • DEPUTY CITY CLERK RESOLUTION NO. 2000-31 PAGE 2 DATE: TO: ATTN: FROM: SUBJECT: C144! `R0//t Jd ll, 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.: 7C. Mtg. Date: 1/22/01 JANUARY 22, 2001 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER YOLANTA SCHWARTZ, PRINCIPAL PLANNER CONSIDERATION OF . PROPOSED ORDINANCE NO. 286: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing City policy regarding major modification of previously approved grading for which discretionary permits are required by the Zoning Ordinance. BACKGROUND At the October 30, 2000 meeting of the City Council, the Council discussed and considered methods to improve the accuracy of grading plans submitted to the City. Following deliberations the City Council requested that the Planning Commission consider an ordinance regarding grading and modifications made to grading plans of previously approved cases for which discretionary permits are required. On December 19, 2000, the Planning Commission approved attached Resolution No. 2000-31 with a vote of 5-0. The purpose of the ordinance is to codify an existing City policy regarding major modification of previously approved grading for which discretionary permits are required bythe Zoning Ordinance. The proposed Ordinance will add a new subparagraph "E" to Section 17.46.070 (Subsequent Modification) of the Zoning Ordinance. Subparagraph "E" will require that prior to issuance of a grading permit, the applicant shall submit the final grading plans to the City. The City staff will determine whether any modifications from the original approval were made. If the final grading plans represent a major modification, a public hearing before the Planning Commission will be required. ®Printed on Recycled Paper. After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will have no impact on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with CEQA Guidelines. RECOMMENDATION It is recommended that the City Council open the public hearing and take public testimony, and consider draft Ordinance No. 286 for first reading and introduction. DRAFT ORDINANCE NO. 286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 2000-31, dated December 19, 2000. Section 2. On January 22, 2001 the City Council held a public hearing regarding proposed Ordinance No. 286 to codify existing City policy regarding final grading plans and to amend Section 17.46.070 of the Rolling Hills Municipal Code. Section 3. Subparagraph E. of Section 17.46.070, of Chapter 17.46 (SUBSEQUENT MODIFICATION) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code is hereby added to read in its entirety as follows: "E . Upon approval of the Building Official of the final grading plans for a project that has received Site Plan review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review . will require a public hearing before the Planning Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE _nd DAY OF 2001. GODFREY PERNELL, D.D.S., MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 286 PAGE 1 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 286 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on 2001 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. 286 PAGE 2 City 0/ Ro/tiny: _AIL (A,v• 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 DATE: DECEMBER 19, 2000 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 REGARDING GRADING AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing City policy regarding major modification of previously approved grading for which discretionary permits are required by the Zoning Ordinance. BACKGROUND The attached draft ordinance regarding final grading plans is proposed to codify an existing City Policy to be included in the Zoning Code that states that when the Building Official stamps the final grading plans for a project that has received Site Plan Review approval, the applicant is required to submit the grading plans to the City for review. At that time, if the final grading plans represent a major modification of the project, the project would require a public hearing before the Planning Commission. RECOMMENDATION It is recommended that the Planning Commission open the public hearing, take public testimony, and consider draft Resolution No. 2000-31. FINAL GRADING PLANS PAGE 1 3 ®Pnr,r.e.0 o,: Recyc:I':d f1 RESOLUTION NO. 2000-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. Section 2. The Planning Commission recommends that the City Council add a new subparagraph E. to Section 17.46.070, of Chapter 17.46 (Subsequent modification) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read in its entirety as follows: "E. Upon approval by the Building Official of the. final grading plans for a project that has received Site Plan Review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a public hearing before the Planning . Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE 19TH DAY OF DECEMBER, 2000. ALLAN ROBERTS, CHAIRMAN A1"IEST: � ..� , ; . .„..A,„) MARILYN KE , DEPUTY CITY CLERK RESOLUTION NO. 2000-31 PAGE 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2000-31 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on December 19, 2000 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Sommer, Witte and Chairman Roberts. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with. the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK RESOLUTION NO. 2000-31 PAGE 2 emy �l2ll..g Jd,�Pf, INCORPORATED JANUARY 24, 1957 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (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 at 7:30 PM on Monday, January 22, 2001 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following proposed ordinances: A. CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING RETROACTIVE PERMITS AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing City policy regarding retroactive permits for which discretionary permits are required by the Zoning Ordinance but not obtained prior to commencement of the construction. B. CONSIDERATION OF A PROPOSED ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING GRADING AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing City policy regarding major modification of previously approved grading for which discretionary permits are required by the Zoning Ordinance. MUNICIPAL CODE APPLICATIONS: Section 16.04.200 - Notice and Section 17.50.020(B) - Amendments to the Zoning Code. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinances regarding retroactive permits and grading and concluded that it can be seen with certainty that the ordinances will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinances to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. Any person is welcome to review the proposed ordinances prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed ordinances in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Publish in Palos Verdes Peninsula News on Saturday, January 13, 2001. ®Printed on Recycled Paper. 't. 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 I serve the within day of , 2001, 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 ./O �' . day of , 2001 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK Subj: Re: Notice Public Hearing - City of RI ig Hills Date: Wednesday, January 10, 2001 12:58:49 PM From: PVNClass To: Cityofrh Looks great! Got your phone message. We also have Macs here (a least do). A mixture in Production. Anyway, thanks for sending the public notice via email. It wil print Saturday, Jan 13. Any questions, probs, let me know! 1 /1 0/01 America Online : Cityofrh Page 1 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. COUNTY OF LOS ANGELES, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of the Palos Verdes Peninsula News a newspaper of general circulation, printed and published semiweekly In the City of Rancho Palos Verdes County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of October 15, 1963 Case Number C 824957 ; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regtilar and entire issue of said newspaper and not m any supplement thereof on the following dates, to -wit: Jan. 13, 2001 in the year 2001. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Rancho Palos Verdes California, this 13th day of January 2001 Signature This space is for the County Clerk's Filing Stamp g I JAN 1 7 2001 roll( OF=RO1.fr4G•HLLS �+v Proof of Publication of PVPN#6336 I RV.P. News No. 6336 - Sf NOTICE OF PUBLIC HEARING BEFORE THE • CITY COUNCIL OF THE CITY OF ROLLNG HILLS,,CALIFORNIA pt • '4 NOTICE IS HEREBY GIVEN, that the. City Council of ,the Clty"of Rolling Hills will hold a Public Hearing at 7:30 1 PM on Monday, • January 22, ,2001 in. the Council 'Chaintiers of City Hall; 2 Portuguese Bend Road, Rolling ;4HUIS,"CAjor the purpose of receiving public input regard- I. frig the following propoiedordinanceS:', r. r";A." CONSIDERATION, O -A-PROPOSED ORDM- ; NANCE OF THE CITY OF R6LLING HILLS REGARD- :. ING RETROACTIVE-PERMITS.AND AMEND TITLE 17 t (ZONING) OF, THE ROLLING HILLS MUNICIPAL ,CODE. ' The purpose of the ordiriance"is to codify an. existing City policy regarding retroactive permits for which dis- cretionary permits are required by the_ Zoning Ordinance • I but not obtained prior to commehceinent of the con- struction. r 70 ___- -+;. , t -1 . 4 ' B. CONSIDERATION OF. A' PROPOSED ORDI- NANCE OF THE CITY OF ROLLING HILLS REGARD- ; ING GRADING 'AND AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose ofthe ordinance is to codify an -existing City policy regarding major modification of previously approved grading for which discretionary permits are, required by the Zoning Ordinance. ' J MUNICIPAL . CODE APPLICATIONS: Section 16.04.200 -` Notice and Section 1.7;50.020(B) - Amendments to the Zoning Code. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of;the City, of Rolling Hills; ttie_Planning staff analyzed the proposed ordinances regarding retroactive permits and grading andconcluded:thatAcan be seen with certainty that the ordinances will not;have the poten- tial for causing a,signii icant effect on the environment. Based on this finding, staff has determined the proposed ordinances to be categorically exemptf n' accordance with Section 15061(b)(3) of the CEQA Guidelines. iy ',.!'‘',.110,s,:,/,t) , i ,• Any person; is welcome to review the proposed ordi- nances prior ; to-thex'publie, hearingg;,at ee„ City Hall Administration Buildingglocatedrat 2,Portuguese Bend R Rolling Hills;,CA _ALF : , • . � :'.lf,youchallenge iheapproval or denial of a proposed , ordinances in court, you may be limited to raising only those issues you or someone else raised at the public • hearing described in this notice, or in written correspon- dence delivered ,to the City Council at, or prior to, the public.hearing. - - Published in Palos Verdes Peninsula News on January 13, 2001.