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2500 Planning - Consideration of a Report Regarding Grading Confirmation Administrative Modification ProcessPLANNING COMMISSION ITEMS CONSIDERATION .. OF A RECOMMENDATION FROM THE •.PLANNING COMMISSION REGARDING IMPROVEMENTS TO THE- GRADING CONFIRMATION PROCESS. • City Manager Nealis presented the staff report outlining the recommendation of the Planning Commission supporting staff's proposed amendments to the grading plan confirmation process prior to plans being submitted to the Planning Commission. Following discussion, Councilmembers concurred the proposed process will minimize the likelihood of as -graded conditions beyond the scope of approval. Hearing no further • •••-�--�- x,11.,1 Few a motion. Councilmember Pernell moved that the City Council approve the report as presented. Mayor Pro Tem Lay seconded the motion which carried unanimously. Mayor Murdock commended the Planning Commission and staff for their efforts in devising this process. .t the r Y U1-02 Budget. CONSIDERATION OF METHODS TO IMPROVE THE ACCURACY OF GRADING PLANS SUBMr f1'ED TO THE CITY. Mayor Pernell noted the arrival of Mayor Pro Tem Murdock. City Manager Nealis presented the staff report providing background regarding this subject. He explained how staff reviews preliminary grading plans and explained the County's review of grading plans when applicant's are seeking their grading permits. He expressed concern that even though the plans are stamped by a licensed civil engineer, staff has no way of knowing if they are accurate or not. City Manager Nealis summarized the options that were provided in the staff report for the City Council to consider. In response to Councilmember • Heinsheimer, City Manager Nealis stated that staff currently has the discretion to have a County or independent review of the grading plan if staff feels the case is highly sensitive. Discussion ensued regarding the balanced cut and fill requirements of the Municipal Code. Councilmember Lay queried whether there is a method to determine in the field if a plan actually has a balanced cut and fill. Councilmember Hill commented on the grading process and the discovery of a soil condition on a property that may change the project cut and fill ratio. Discussed ensued on methods that may be used to bring preliminary and final grading plans more in tune with one another. Councilmembers concurred that it is difficult to know what the underlying soil conditions are on a particular project. Councilmember Lay stated that he feels that the Planning Commission should have confidence in the plans that are being presented to them. Councilmember Heinsheimer suggested that grading plans include an in - process sequence and proposed depth of excavation exhibited to the Planning Commission during their review as well as an estimate on how long the grading process will take. Further discussion ensued regarding the grading process and the 40% maximum disturbance provision in the Municipal Code. City Attorney Jenkins suggested that a special grading condition could be added to the Planning Commission Resolution of Approval. Councilmembers concurred with this suggestion and directed that staff advise the Planning Commission that they may impose a condition of approval that grading must adhere to the preliminary grading plan presented during the public hearing. City Manager Nealis explained that if modifications of this plan are necessary following County review of soils and geology and other related reports that staff would determine whether a minor or major modification is required under existing zoning code provisions. He stated that if it is determined to be a major modification, the plan would be brought back before the Planning Commission for further review. Councilmembers concurred that this process may have an effect on the accuracy of grading plans that are submitted to the City. Minutes City Council Meeting 10/30/00 -2- ♦i TO: FROM: SUBJECT: DATE: City 0/!2lF..e JlfP, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityotrh@aol.com Agenda Item No.: 3-E Mtg. Date: 10/30/00 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF METHODS-TO.IMPROVE THE ACCURACY OF GRADING PLANS SUBMITTED TO THE CITY. OCTOBER 30, 2000 - BACKGROUND Site Plan Review approval is required for expansion of a structure by more than 25% and at least 1000 sq. ft. or when the proposed structure or addition will require grading that exceeds a cut or fill of 3 ft. in height or depth or affects more than 2000 sq. ft. of surface area. All Site Plan Review applications are required to incorporate balanced cut and fill grading. At a recent City Council meeting, concerns were expressed regarding the results of grading on a residential project that differed from the original approved grading plan. Currently, staff reviews grading plans submitted in conjunction with Site Plan Review or other development applications. The plan is presented to the Planning Commission and discussed in the public hearing process. On sensitive issues, staff may request that soils and geology review be conducted by the County prior to submittal of the plan to the Commission in an effort to identify any suspected grading or potential instability issues. Uncertainties of subsurface, soil conditions exist. Uncertainties can include large. subsurface rocks or soil so that compaction standards of the County are unable to be met to support the approved structure. • Several years ago, the City Council amended the Municipal Code to provide the authority for staff to permit the importation or exportation of up to 500 cu. yds. of soil in conjunction with an approved grading project under specified conditions. This Municipal Code Section (attached) addresses the fact that uncertainties in projects may require importation or exportation of soil. Therefore, from time -to -time, after a grading job has commenced, the scope of the grading or the quantity of soil may change based upon these factors. -1- Printed on Recycled Paper. The question has been proposed as what methods or procedures are available to better evaluate grading plans prior to their submission to the Planning Commission. Options that the City Council may wish to consider include: • Establish a procedure where grading plans would be administratively evaluated by the County to determine expected accuracy of the proposal. This procedure would identify errors in grading proposals on a broad basis. It is estimated that this would cost approximately $200 for review of an average plan consisting of a 5,000 square foot house requiring 2,500 cy. of cut and 2,500 cy. of fill. However, this represents a new service that will have to be established by the County. Turn around time for this service could not be firmly established at this time. • Establish a procedure where the grading plan must be submitted to the County for grading plan approval prior to submitting the application to the Commission. This option would ensure the most accurate grading plan because the information submitted to the County would be based on required soils and geology reports that are supplied by the applicant in anticipation of grading. However, it is common that the size, placement or other issues relating to the proposed structure, or the grading plan itself, can be amended during the public hearing process. Under those circumstances, a full revised grading plan and application may have to be prepared by the applicant and resubmitted to the County following approval by the Commission. • Establish a procedure where the City would hire an independent engineering firm to complete administrative evaluation of the grading plan prior to the application being considered by the Planning Commission. This option is similar to a procedure that has been implemented on specific cases where we have requested an independent contract engineer to verify the accuracy of a grading plan and final pad elevation. It is estimated that this will cost, at a maximum, $1,000 to review a 5,000 square foot house with a 2,500 cy. cut and 2,500 cy. fill plan under this option. In cases where we have used this service before, turn around time has been a few days. RECOMMENDATION It is recommended that members of the City Council consider this subject and provide appropriate direction to staff. CRI\1:mlk 10/30/00gradplan.sta -2- 15.04.150 Section 7015.5 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 7015.5 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 172 (Rolling Hills 11/99) 15.04.160 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 fol- lowing 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. (Ord. 277-U §1(part), 1999). 15.04.160 Section 7016.3 amended. Section 7016.3 of Section 7016 of the Building Code, entitled "Fill Slope," is amended to read: 7016.3 FILL SLOPE. Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') feet, unless the owner receives a variance for a steeper or higher vertical height fill slope from the Planning Commis- sion of the City of Rolling Hills, pursuant to the 173 (Rolling Hills 11/99) 15.04.170 provisions of Title 17 of the Municipal Code of the City. In applying for a variance to the provisions of this paragraph, the owner shall submit soil test data and engineering calculations and shall provide in writing any specific safety and/or stability problems on the property that presently exist or may exist if the requested variance is granted and the proposed grading plans are approved. (Ord. 277-U §1(part), 1999). 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsec- tion 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 fol- lowing conditions are present: 174 (Rolling Hills 11/99) 15.04.180--15.08.010 ;{ 11 1;1 r1' (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. (Ord. 277-U §1(part), 1999). 15.04.180 Violations and penalties. A. It is unlaw- ful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or per- form any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of the Building Code. B. Penalty. Any person, firm or corporation violat- ing any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of, not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 277-U §1(part), 1999). 175 (Rolling Hills 11/99) t ft eity 0/ PP S Jdff, 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.: 3 -A Mtg. Date: 10/30/2000 DATE: OCTOBER 30, 2000 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: LAND USE APPLICATION PROCEDURES IN CASES INVOLVING PRE- EXISTING AND/OR UNAUTHORIZED GRADING AND BUILDING ACTIVI 1'1ES. BACKGROUND Currently, pre-existing and/or unauthorized grading and building activities are reported by concerned residents, the Rolling Hills Community Association, and the observance of Rolling Hills staff. Usually, staff calls the suspected violator and visits the site with the County Building Inspector. City and County staff determines whether the violation requires permits, plans and possible submittal to the Planning Commission. At the outset, the City gives the property owner the option of removing or acquiring building permits for minor infractions. If the violation requires Planning Commission review and approval, the property owner is required to submit a preliminary plan to allow staff to determine the extent of the violation(s) and required applications. When unauthorized grading or building activity is discovered, the City issues a "Stop Work Order" until the property owner complies with approved plans or until a Variance, Conditional Use Permit or Site Plan Review is obtained from the Planning Commission. An administrative fee of $400 is added to the application fee for illegal or "as built" grading or structures, and an additional fee of $200 is added for each additional "Stop Work Order" that is issued beyond the original "Stop Work Order" for illegal or "as built" grading or structures that require Planning Commission review. If these staff actions do not achieve compliance within reasonable periods of time, follow-up letters are sent. Usually, compliance is achieved within reasonable time periods. ®Printed on Recycled Paper Eventually, the City may prosecute building or grading cut/fill violation(s) as a misdemeanor under the Municipal Code. This involves the filing of a criminal complaint against the property owner(s)/builder with the District Attorney. Very few such complaints have been filed, those that were filed achieved compliance with negotiation, and no case has gone to court in the last ten years. A staff report on a related topic that was presented at the City Council Planning Commission meeting in April, 2000 is attached. RECOMMENDATION It is recommended that members of the City Council consider this subject and provide appropriate direction to staff. 3 City `l2 fF..s J!.•Pl, 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.: 3-D Mtg. Date: 04/05/00 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: METHODS TO DISCOURAGE AS -BUILT PROJECTS. DATE: APRIL 5, 2000 BACKGROUND From time -to -time, applications are presented to the Planning Commission that include requests for as -built grading or projects. As -built structures are defined as those that are built without the benefit of permit and/or Planning Commission approval. In January, 1999, the City Council approved a $400 additional administrative fee that is charged against applications that include as -built grading or structures that require a public hearing before the Planning Commission. Staff has required this administrative fee in one case since it was adopted. It has been suggested that the Planning Commission and City Council discuss methods to discourage as -built projects. Possible methods to discourage as- built projects could include: • Increasing the administrative fee for as -built project applications. • Refusal to consider as -built projects and require properties to be brought back into conformance prior to accepting an application to permit new construction. Staff continually reminds residents of the need to . check with the City prior to commencing grading or building. This communication is provided through the Citywide Newsletter and through discussions with professionals in the business at City Hall. Further, announcements regarding the as -built administrative application fee were communicated to all architects and engineers generally providing work within the City. -1- ®Panted On Recycled Paper. Additionally, each year, I address the Palos Verdes Board of Realtors and communicate how important it is for residents or potential property owners to contact City Hall to discuss the requirements for construction activities in Rolling Hills. RECOMMENDATION It is recommended that members of the City Council and Planning Commission discuss this subject and provide appropriate direction to staff. CRN:mlk asbuilt.ssta -2- hillside construction. Soils reports are required by the County and the City of Rolling Hills. This may be as simple as a County engineer walk-through, stating that no adverse soil conditions exist, or the County may require that core samples be taken and evaluated. When satisfactory compliance is reached and your plan is approved, a Building Permit is issued. A fee is paid to cover inspections during key phases of development. 6. PRACTICAL POINTS AND TIPS TO FACILITATE YOUR PROJECT • Work with City and Community Association Officials to meet each entity's own separate requirements. Don't surprise Officials and your neighbors by beginning the project or grading without a permit. • It may be worth your time to read °Eleven Practical Tips for Getting Your Project Approved in Califomia," page 13 of the 1994 Califomia Permit Handbook (Ref. 7.2). • Any man-made alterations or changes to the 'natural grade' or ground surface in its natural state is considered 'grading.' The City of Rolling Hills Building Code requires that a grading permit be obtained from the County when there is to be a cut or fill exceeding 3 feet in depth or 3 feet in height or covering more than 2,000 square feet of the existing ground surface area. A grading permit is not required when there is to be a cut or fill less than 3 feet in depth or less than 3 feet in height that covers less than 2,000 square feet of the existing ground surface. All soil must be balanced on site. No exportation or importation of soil to or from any lot in the City shall be permitted unless approved by the City under certain conditions, • An engineer and architect who have worked in the City or on the Peninsula and understand hillside construction should move the project along more expeditiously than those without that experience or knowledge. • Begin construction of your project with all required permits and approvals within one year of your project being approved by the City. • Build according to approved plans and note that all architectural exterior changes require Architectural Committee approval. • Contact Planning staff immediately to facilitate rectification of serious erosion or hillside slippage. • A useful guide on hiring contractors is found in Ref.7.6. • Make *sure your contractor and subcontractors have a permit to enter and work in Rolling Hills, and know the rules. For example, cogcrete trucks enter only at the Main Gate. Workers will be delayed until and unless they have Community Association permits. • Stay on good terms with your neighbors and inform them In advance of proposed development plans. 7. f EFERENCE DOCUMENTS 7.1 "Concepts Applicable to Land Use Control," CA Municipal Law Handbook, League of California Cities. 7.2 "1994 California Permit Handbook," Office of Permit Assistance, CA Trade & Commerce Agency. (Available at City Hall). 7.3 "Rolling Hills General Plan," City of Rolling Hills, 1991 (Available at City Hall). 7.4 1 7.5 7.6 7.7 7.8 7.9 "Rolling Hills Municipal Code," City of Rolling Hills, 1995 (Available at City Hall). "Rolling Hills Community Association Building Regulations," Rolling Hills Community Association of Rancho Palos Verdes, 1991 (Available at the Community Association). "What You Should know Before You Hire a Contractor," Contractor's License Board, Dept. of Consumer Affairs, State of CA (Available at County Building & Safety). Residential Development Highlights (Available at City Hall). Planning Commission Application Deadline Schedule (Available at City Hall). Grading Process Guide (Available at City Hall). 8. DIRECTORY City of Rolling Hills Planning Department 2 Portuguese Bend Road, Rolling Hills, CA 90274 Rolling Hills Community Association 1 Portuguese Bend Road, Rolling Hills, CA 90274 Los Angeles County Building & Safety: Plan Check 24320 Narbonne Avenue, Lomita, CA 90717 Los Angeles County Geology, Soils, and Drainage 900 S. Fremont Ave., Alhambra, CA 91803 9. )ENTITY FINDER* Accessory uses & structures Bridle Trails Building permits & subdivisions Conditional use permit Drainage Easements Exterior appearance of Improvement Fence design, color & location Geology & soils Grading inquiries Landscaping Mod./repair/alteration of structures Native Flora & Fauna New building/structures Paint Roofing approvals Site Plan Review for development Street Maintenance Traffic & road signage Views "C = City 377-1521 A = Community Association 544-6222 L = LA County 534-3760 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD, ROLLING HILLS, CA 90274 (310) 377-1521 FAX: (310) 377-7288 E-MAIL: CITYOFRH@AOL.COM C A A, C, L C L A A A L C A, C A, C C A, C A A, C C A C A, C (310) 377-1521 (310) 544-6222 (310) 534-3760 (818) 458-4923 Planning Process Guide for the Residents of Rolling Hills PERMITS - APPROVALS DON'T GO TO WORK WITHOUT THEM! Published 4/98 011 1. INTRODUCTION This Guide has been written by the Planning Commission of the City of Rolling Hills to help our residents understand and implement the permit process in our City. Related responsibilities and functions of the City of Rolling Hills ("City") and the Rolling Hills Community Association ("Community Association"), an independent homeowners association, are noted. Our City, its officials and organizations, are empowered by the Califomia Constitution to uphold all the elements of the City's General Plan. The General Plan is written and updated approximately every ten years by our residents with some elements updated every five years. The City's General Plan takes a strong position on maintaining the rural character of this beautiful City. 2. GOVERNMENT ENTITIES AFFECTING LAND DEVELOPMENT IN ROLLING HILLS The Califomia State Constitution gives power to cities and counties to enact and enforce planning and land use regulations to protect the public health, safety and welfare of the •^^'- -nts. In 1971, the Legislature enacted statutes which required comprehensive, unity -wide land use planning by way of a General Plan to be adopted by each city o consideration of zoning and development in that city. Further, all zoning, subdivisions and development permits must be consistent with the cities' general plans. The Rolling Hills General Plan is the constitution for future development within the community and, as such, sits atop the hierarchy of all land use controls. The City's regulation of land development is accomplished by the use of three types of controls: (1) The General Plan through which community goals and development policies are determined; (2) The Califomia Environmental Quality Act (CEQA) through which environmental controls mandate environmental review of both planning and permit controls to assure long term protection of the environment and (3) Zoning and subdivision entitlements through which individual development projects are considered and approved or disapproved in accordance with the established General Plan and environmental criteria (Ref. 7.1 and 7.2). All property in the City of Rolling Hills is subject to the laws and regulations of two governing entities: THE CITY OF ROLLING HILLS and THE ROLLING HILLS COMMUNITY ASSOCIATION. The duties and obligations of the City and Community Association are totally separate and distinct. Some of the City's Zoning Code requirements are summarized in a document available from the City entitled,"Residential Development Highlights" (Ref. 7.7). 3 THE PLANNING COMMISSION The Planning Commission is an official City body that consists of five residents appointed by the City Council. The Commission may act on all applications for variances, conditional use permits and site plan reviews of new developments. The Commission is advisory to the City Council only for ordinances and subdivisions. The Commission is required to review and approve applications for development projects, variances, and conditional use permits. The Commission is charged with the responsibility of assuring that the proposed use of the land is in compliance with the General Plan (Ref. 7.3) and with the Rolling Hills Municipal Code (Ref. 7.4), adopted by the City Council. (An independent review is conducted concurrently by the Community Association Architectural Committee to satisfy deed restrictions, easements and building architecture. These are the province of the Community Association and its Architectural Committee and help to ensure that the original concept of a rural community has been maintained.) The Planning Commission action is reflected in a written resolution either approving or denying the application, which is sent to the City Council as a report item for their meeting agenda. These functions are conducted in compliance with Califomia State Law requiring information on and coordinated review of development project applications. A Planning Commission Application Deadline Schedule is available at City Hall. The Planning Commission meets the 3rd Tuesday of each month at 7:30 P.M. in the Council Chambers at 2 Portuguese Bend Road. 4. HIGHLIGHTS OF THE LAND USE ELEMENT OF THE ROLLING HILLS GENERAL PLAN The Rolling Hills General Plan (Ref. 7.3) provides a long-range plan for future development in the City which is sensitive to existing development patterns. The document represents the desires of the community and is the result of extensive public participation through a citizens' survey, the General Plan Advisory Committee and public hearings. Thus, the public plays an important role in both the preparation and implementation phases of the General Plan. Because the General Plan reflects community goals and objectives, citizens must be involved with issues identification, goals formulation and policy criteria. The General Plan is updated approximately every ten years (Housing Element every five years) under order of the City Council and in compliance with state law. The Rolling Hills General Plan describes our community as follows: • Rural residential community • Low density development • One -to -five acre parcels • Country atmosphere with three -rail fences • One story, ranch style houses • Easement trails • Abundant equestrian facilities • Preservation of native flora and fauna The City's General Plan contains, among others, the following goals: Goal 1: Maintain Rolling Hills' distinctive rural residential character. Goal 2: Accommodate development which is compatible with and complements existing land uses. Goal 3: Accommodate development that is sensitive to natural environment and accounts for environmental hazards. Policy Statements, describing the approach used to implement these goals can be found in Ref. 7.3, pp .15-16. Califomia court decisions have recognized that a city's General Plan sits atop the hierarchy of local government law regulating land use (Ref. 7.1). Consequently, consistency between the General Plan and all other land use plans, policies and programs is required. Zoning ordinances, specific plans and individual project plans must be consistent with the goals, policies and standards in the General Plan. The Planning Commission is guided by the Land Use Element of the General Plan (Ref. 7.3) and to the Municipal Code (Ref. 7.4) which enforces key elements of that Plan. 5. PERMIT PROCESS State law requires every City and County to designate a single administrative entity, usually the planning agency or department, to provide information and coordinate the review of development project applications (Refs. 7.2 and 7.3). The permit process in Rolling Hills, involves the City, the Community Association, and the County, and begins by the applicant submitting a preliminary plot plan for review at the counters of both the City and the Community Association. With their approval, the plans can then be submitted to the County for Plan Check. The City In an over-the-counter conference, the Planning Director for the City provides feedback on the completeness of the plans and guidance on application requirements. With some exceptions, such as building a stable that does not require a grading permit, an application for Site Plan Review approval is required. An application fee is paid to the City to cover the City's cost of processing the application. Public testimony is taken at a Planning Commission hearing. At the hearing, a field trip is scheduled for the Commission and interested parties to view a silhouette of the proposed project and to take additional public testimony. The Commission then determines findings that are formulated into a resolution for approval or denial of the proposed development project. The resolution is sent to the City Council (Zoning Code Section 17.54.010). The City Council may take jurisdiction of the application or hear an appeal thereto, whereupon, the Planning Commission's decision is stayed until the City Council completes its public hearings. With Site Plan Review approval, the applicant agrees to carry out the conditions of approval. Both the City and the Community Association must approve preliminary plans before a Plan Check may be conducted by the County. Residential Development Highlights is a handout currently given to prospective property development applicants at City Hall (Ref. 7.7). The Community Association The permit process begins by submitting over-the-counter a plot plan and elevations to determine completeness for Architectural Committee review which, using Association Building Regulations (Ref. 7.5), studies and evaluates the layout from the perspective of maintaining the rural character of the community. Deed restrictions and easements are reviewed as well. An Association fee is paid for this Plan Check Application at the start. Following Plan Check approval, a Building Permit fee is paid to cover inspection during key phases of the development. Approval by the City of any plan or particular element of a plan does not constitute approval by the Community Association of that particular element or plan. The permit process and jurisdiction of the City and the Association are separate. Please consult the City, Community Association, and County on fee structure. Los Angeles County Two sets of a plot plan, elevations and engineering calculations are presented to the Los . Angeles County Department of Public Works, Building & Safety Division located at 24320 Narbonne Ave., Lomita, CA. Building officials assess the completeness of your plans at the counter to begin a Plan Check. They request that you complete the form "Application for Building Permit" and pay a Plan Check fee. Be prepared to provide a valuation for the land use improvement being proposed. This valuation is used for assessing additional property taxes for your development improvement. As part of the plan check, the County will complete a four -page "Residential Plan Corrections" list. This corrections list will address such things as, for example, requiring additional structural engineering details, approval of drainage proposed, requiring 24 inch rather than 18 inch deep foundations because of "expansive" soil, etc. Particular attention is paid to engineering aspects of • t_� Cu, o/ leo fl,.S JUL INCORPORATED JANUARY 24, 1957 RESIDENTIAL DEVELOPMENT HIGHLIGHTS NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377.7288 E-mail: cityofrh@aol.com All property in the City of Rolling Hills is subject to the laws and regulations of two governing entities: THE CITY OF ROLLING HILLS and THE ROLLING HILLS COMMUNITY ASSOCIATION. The duties and obligations of the City and Community Association are totally separate and distinct. Following are some of the highlights ofthe more important facts from the CITY OF ROLLING HILLS ZONING CODE relating to uses and construction on property in this unique community: SETBACKS: Front yard - 50' from front easement line in RA -S-1 and RA -S-2 Zones Side yards - 20' from property line in RA -S-1 Zone 35' from property line in RA -S-2 Zone Rear yard - 50' from property line in RA -S-1 and RA -S-2 Zones EASEMENTS All property is subject to perimeter easements varying in width around each property boundary and in some instances, road easements, granted by the property owner to the Community Association, a corporation, or another person or entity for the purpose of construction and/or maintenance and use of streets, driveways, trails, utilities, drainage facilities, sewers, open space, and/or a combination of these uses. The Community Association requires that all easements must be kept free of buildings, fences, plantings or other obstructions. PERMITTED USES IN RA -S-1 AND RA -S-2 ZONES 1. Single family residence with minimum two car garage 2. Tree, bush, and field crops ACCESSORY USES AND STRUCTURES (permitted within allowable yards) 1. Barn/stable without grading except in front yard 2. Corral/pen without grading except in front yard 3. Greenhouse 4. Hobby shop 5. Noncommercial radio antenna 6. Domestic animals/no swine 7. Aggregate of 3 recreational vehicles/ boats/trailers/horse trailers 8. Satellite dish antenna (requires Planning Commission approval) 9. Swimming pool/spa/bath/jet pool CONDITIONAL USE PERMIT WITH SINGLE FAMILY RESIDENCE Planning Commission approval and City Council concurrence of development plans are required for any of the following: 1. More than one driveway 2. Cabana & detached recreation room 3. Corral/pen requiring grading 4. Detached garage 5. Guest house (cooking facilities prohibited) 6. Horseback riding ring 7. Mixed use structure 8. Recreational game court (i.e.; Tennis court) ®Printed on Recycled Paper. SITE PLAN REVIEW Planning Comnssion approval and City Council concurrence of development plans are required for any of the following: 1. Any grading requiring grading .permit; 2. Any new building or structure except barn/stable without grading; 3. Expansion, modification, alteration, or repair of any existing building which (i) requires a grading permit; or (ii) increases the size of structure by at least 1,000 square feet and has the effect of increasing the size of the structure by more than 25% in any 36 -month period. The Site Plan must minimize grading; preserve terrain and natural drainage courses; be harmonious in scale and mass with the building pad, the natural terrain, and surrounding residences; preserve native vegetation, mature trees, drainage courses, and land forms; and must be convenient and safe for the movement of pedestrians, equestrians and vehicles. BUILDING HEIGHT: ROOFING: STRUCTURAL LOT COVERAGE: TOTAL LOT COVERAGE: BUILDING PAD COVERAGE: MAXIMUM DISTURBED AREA: STABLE & CORRAL: VIEWS: Single story. Class A roof, non -reflective. 20% of net lot area maximum. 35% of net lot area maximum. The Planning Commission has established a guideline of 30% coverage. 40% of net lot area. Minimum 450 square foot stable. Minimum 550 square foot corral. Vehicular accessway needed for Conditional Use Permit and/or Site Plan Review per Ordinance No. 252, Municipal Code Section 17.16.170 (B). Neighbors are encouraged to work together to preserve views. GEOLOGY & SOILS: Required for all construction. BUILDING PERMITS & SUBDIVISIONS Requires approval of City of Rolling Hills, Community Association and L.A. County Building & Safety. The L. A. County Building and Safety - Lomita Office is at 24320 Narbonne Avenue, Lomita, CA 90717 (310) 534-3760. THESE HIGHLIGHTS SHOULD BE READ CAREFULLY AND APPLICANTS SHOULD BE ADVISED OF THE CITY'S REQUIREMENTS ACCORDING TO THE 1993 CITY OF ROLLING HILLS ZONING CODE. APPLICANTS SHOULD ALSO FAMILIARIZE THEMSELVES WITH THE COMMUNITY ASSOCIATION BUILDING REGULATIONS. 7/23/99 LMU csg?gi::i:>:x�n Hra;2y,::::„u`v:::R:<: ;i91<,^:AS> :;;C:.g�.v..x::2C:: o2a,:: :.tt.::,c:::Ao22:::C`;8 .Rtt.:;;£u%;aAcc:o:A;>::o:A3: �:. :0::3�::c:2},",�•.;c::cbLT::::cfia`22.;f4�:;:of5w::;C.v NEW ADMINISTRATIVE FEE for ILLEGAL or "AS BUILT" GRADING or STRUCTURES In an effort to curb illegal grading and previously constructed (known as "as built") structures from being presented to the Planning Commission, the City Council adopted an additional $400 administrative fee on January 25, 1999 that will be charged on applications for illegal grading or "as built" structures that require Planning Commission review. Additionally, $200 will be charged for each additional "Stop Work Order" that is issued beyond the original stop work order for illegal grading or construction that requires Planning Commission review. Planning Commission review is required for structures that encroach into the front, side or rear yard setbacks, for sports courts, for any new structure (any size) or building addition of 1,000 or more square feet. and has the effect of increasing the size of the structure by more than 25% in any 36 -month period, and any grading where there is going to be a cut or fill of soil exceeding 3 feet in depth or 3 feet in height or covering more than 2,000 square feet of the existing ground surface area to change the shape of a building pad or hillside. For more information, please contact Rolling Hills City Hall at (310) 377-1521. Thank you for your cooperation. IT IS SAFE TO ASSUME THAT IT IS GRADING IF WORK IS BEING DONE THAT REQUIRES THE USE OF HEAVY EQUIPMENT. CI'I7 OfF ROLLING HILLS NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 1 JANUARY 19, 2000 EQUESTRIAN TRAILS ARE NOT FOR MOTORCYCLES, ATV'S OR BICYCLES! Motorcycles or other motorized vehicles and bicycles are not permitted on equestrian trails in the City. If you observe anybody utilizing motorized vehicles or bicydes on trails, contact City Hall or the Los Angeles County Sheriff's Department at (310) 539-1661 immediately. Your cooperation is appreciated. DISCHARGING OF FIREARMS IS PROHIBITED It is unlawful to discharge firearms within the City of Rolling Hills. If you hear or observe anybody using any type of firearm, please contact the Sheriff's Department immediately at (310) 539-1661. PERMITS! APPROVALS! DON'T GO TO WORK WITHOUT THEM!! Do you want to add a room, build a deck, move a wall, put in new windows or doors, build a guest house or a stable, reroof, build a sports court or perform grading? If you answered "yes", you will need approvals and permits from the City, Community Association and County if you want to alter, construct, convert, demolish, improve or repair any building or structure. Don't go to work without approvals or permits. JUST ASK US. Call City Hall at (310) 377-1521, the Community Association at (310) 544-6222 or the County at (310) 534-3760 for details. A Planning Process Guide has been prepared to assist residents who are considering making improvements to their property. If you would like a copy of this Guide, call City Hall and we will mail one to you. SEEK APPROVAL BEFORE GRADING OR MOVING SOIL The City of Rolling Hills is responsible for administering the grading permit process. The County of Los Angeles, via contract through the City, approves grading permits at the County level. However, the Rolling Hills Issue No. 00-02 Planning Commission is responsible for reviewing site plan review applications that exceed the City's threshold of grading. Residents should rely on information from the City of Rolling Hills when questioning the need for a grading permit within the City. You are urged to contact the City to determine whether or not all necessary approvals have been obtained regarding your grading application. Should you wish to discuss this further, please do not hesitate to contact City Hall at (310) 377-1521. REPORT QUAIL SIGHTINGS Members of the Wildlife Preservation Committee remind residents of the importance of reporting wildlife sightings to City Hall. The Com ee reviews this information at their monthly meetings and plots the sightings on a map m the City Council Chambers. The Committee is specifically interested in knowing if residents have sighted quail in the City. If you observe any quail or other wildlife, please call City Hall at 377-1521. Thank you for your cooperation. rr►rrr►rrrrrrrrrrrrrr CABALLEROS VALENTINE'S DAY RED CARPET LUNCHEON February 9t", 12 Noon at the home of Sally Swart 2 Meadowlark Lane New residents welcome! RSVP by February 5t" Teresa Hassanally at 541-1671. rrrrrrrrrrrrrrrrrrrrr UPCOMING IMPORTANT EVENTS City Council Meeting 1 /24/00 and 2/14/00 at 730 p.m. Wildlife Preservation Committee Meeting 2/22/00 at 6O0 p.m. Planning Commission Meeting 2/15/00 at 730 p.m. BULLETIN BOARD HOUSEKEEPER AVAILABLE: RH nanny has available days for housekeeping. Outstanding deaner, 100% trustworthy. Unconditionally recommended. Call Kathy for personal reference, 544-9536. HOUSEKEEPER NEEDED: 3-4 days per week, must drive and speak English. Cali 733-8170. PASTURE NEEDED: Pasture use needed for 1 year old horse. Please call 377-9855. FOR SALE Heirloom antique couch, circa. civil war, very good condition 3950. Call 377-4243. SEPTEMBER 8,1999 WILDLIFE PRESERVATION COMMITTEE GUZZLER PROJECT Several years ago, the Wildlife Preservation Committee built a guzzler below the Clif Hix Riding Ring which establishes a safe and clean supply of drinking water for wildlife. Occasionally, the Committee notices that people have turned off the water supply or disturbed the plumbing for the guzzler. The guzzler is a drip system that is an important source of water for local wildlife. If you would like more information regarding the guzzler, please feel free to contact Rolling Hills City Hall at (310) 377-1521. A MESSAGE FROM CABALLEROS .. . PARK VEHICLES SAFELY Caballeros asks residents to please remind their guests and workers not to park on the easements in a manner that obstructs walking/riding trails. This is particularly critical on weekends when groups may ride or walk and can be forced into the roads to get around parked cars. Thanks for keeping the trails safe. SEEK APPROVAL BEFORE GRADING OR MOVING SOIL The City of Rolling Hills is responsible for handling the grading permit process. The County of Los Angeles, via contract through the City, approves grading permits at the County level. However, the City of Rolling Hills Planning Commission is responsible for reviewing site plan review applications that exceed the City's threshold of grading. Rolling Hills residents should rely on information from the City of Rolling Hills when questioning the need for a grading permit within the City. You are urged to contact the City of Rolling Hills to determine whether or not all necessary approvals have been obtained regarding your grading application. Should you wish to discuss this further, please do not hesitate to contact Rolling Hills City at (310) 377-1521. DISASTER PREPAREDNESS SURVEYS The City of Rolling Hills conducted a disaster preparedness survey several years ago. The purpose of this survey was to gather information regarding emergency equipment and expertise of Rolling Hills residents that can be called upon in the event of a local disaster. It is now time to update our survey information for submission to the Disaster Preparedness Block Captains. Please watch your mailbox for this survey. It will be provided with a self-addressed, stamped envelope for easy return. Your cooperation in completing this survey will be appreciated. Issue No. 99-16 SCHOOL I5 STARTING . . . WATCH OUT FOR CHILDREN With the start of the new school year, more children will be out and about during the commute hours. We reaiind_sidents to obey local speed laws and be sure to 4 your children off or pick them up on the proper sideof the street. 4K 4K arc +r 4K +r +a der[ 4t+a 15" Annual California Coastal Cleanup bay Saturday, September 18" 9:00 a.m. - Noon. To volunteer or for more information, call 1 -800 -HEAL BAY arc .ar" daft 4k 4Dc arc disc .111ri +r ✓� (Special ay To all of you who remember Dorothy Natland: We have learned that she will reach the esteemed age of 90 years on September 24"'. Dorothy and her late husband, Manley, lived on Crest Road for many years and she was active in many groups. Upon his retirement, they moved to Laguna Beach where Dorothy still resides. She is in very good health with the exception of her eyesight. Her spirits are good and she remembers everything. It would be nice if her old friends would remember Dorothy on her special day. And, if you remember any special times with her, please write them on a 8-1/2 x 11" sheet that could be put into a Memory Book. An old photo or two would also be appreciated. Greetings can be sent to Dorothy Natland, 333 Weymouth Place, Laguna Beach, CA 92651. Please send it so it will arrive by September 24'". Thanks, Her friends. 42ND ANNUAL PORTUGUESE BEND NATIONAL HORSE SHOW TO BENEFIT CHH.DRENS HOSPITAL Los ANGELES SEPTEMBER 102", 11r", & 12T" ERNIE HOWLETT PARK 25851 HAwrnoRNE BLVD., RHE FOR INFORMATION, PLEASE CALL (310) 791-4933 UPCOMING IMPORTANT EVENTS City Council Meeting 9/13/99 and 9/27/99 at 7:30 p.m. Wildlife Preservation Committee Meeting 9/20/99 at 6:00 p.m. at the Native Plant Demonstration Garden Planning Commission Meeting 9/21/99 at 7:30 p.m. Traffic Commission Meeting 9/23/99 at 8:30 a.m. BULLETIN BOARD FOR SALE: Lawn mower (for golf putting green), wheel chair ("light") and Porta Patti. Call Bill (310) 377-1850 or (949) 492-1524. WANTED: Looking to buy or share small, gentle horse, 16 hands or smaller. Call (310)541-1671. HORSE RIDER AVAILABLE: Recommended by RH resident, PV area intermediate -level rider to ride your horse when you're too busy, vacationing, etc. Call Mrs. Brooke Genese, (310) 373-7596. 4 JUNE 9,1999 BUDGET HEARING A public hearing will be conducted by the City Council on Monday, June 14, 1999, to consider the FY 1999-00 Budget. Public comment is welcome. The City Council meeting will commence at 7:30 p.m. in the City Council Chambers at City Hall, 2 Portuguese Bend Road. MAINTAIN YOUR POOL AND SPA AND STILL SAVE THE FISH AND PROTECT THE OCEAN • Some 160 toxic chemicals, many of them carcinogens, have been identified in the urban runoff that flows through the storm drains into our coastal waters every day. Fish and the ocean are affected when toxic chemicals, pesticides, paint or oil are dumped into storm drains. Swimming pool and spa water containing chlorine and copper -based algaecides pose a hazard to aquatic and human life when these toxic substances enter the ocean. • You are discouraged from discharging chlorinated pool or spa water to a street, storm drain or trail. • You should have the chlorinated pool water trucked out of the City. • Do not use copper -based algaecides unless absolutely necessary. Control algae with chlorine or other alternatives to copper -based pool chemicals. Copper is a powerful herbicide. Even sewage treatment technology cannot remove all of the metals that enter a treatment plant. The solution to this problem is not at the end of the pipes where the stormwater empties into the ocean. The solution is at the source --at our homes. Good housekeeping practices, such as handling, storing, and disposing of pool maintenance materials properly can prevent pollutants from entering the storm drains. Dispose of toxic chemicals at Household Hazardous Waste Roundups. Call 1(888)253-2652 for more information on environmental programs offered by Los Angeles County. HOURS OF CONSTRUCTION Rolling Hills residents are reminded that construction work on their property is only permitted between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. Please check with City Hall and the Community Association prior to beginning any project on your property to determine whether approvals are necessary. If you have any questions, please call City Hall at (310) 377-1521. i WEED ABATEMENT ... BE FIRE SAFE with The Los Angeles County Fire Department has commenced inspecting properties for compliance fire prevention weed abatement standards. Issue 99-10 Weed abatement standards are strictly enforced and are designed to reduce the likelihood of residential structures becoming involved in a wildfire. For more information regarding brush clearance on your property, contact Los Angeles County Fire Department Station 56 in Rolling Hills at (310) 377- 1584. CABALLEROS HORSE SHOW NEWS On Saturday, May 1", the Caballeros Horse Show took place at the Caballeros Ring at Hesse's Gap. We had beautiful spring sunshine and the arena looked wonderful, having been dragged, weeded and hosed down by Art from the Rolling Hills Community Association. We had a variety of classes judged by. Corrine Haines, including equitation, jumping and even a "Jack Benny" (for older riders). These were followed by some fun gymkhana lasses like musical chairs, pole bending and a potato race. Food and drink was provided by Susan Daigh, whose daughter Stacy rode in the show and brought her • "Pony Club" friends. There was excellent competition, but sad to say, out of a total of nineteen, only five riders were from Rolling Hills. The show was put on by Sally Swart with able help from Caballeros President Jill Smith. We had ribbons for everyone and "high point" ribbons and prizes that were kindly donated by Lomita Feed. A good time was had by all and another show is planned for the fall — IF enough interest is shown by Rolling Hills riders! Please Call Sally at (310) 541- 2299 if you are interested in participating in the Fall Horse Show. 101 &)$750310&7l0&11010$0B01IiO$01087 cSaue 7 e Dale Women's Gommuni y Gilu6 garden rUour `7uno/1Talser guiy MIS >X101087101010101010S 1 1O130fnirM i UPCOMING IMPORTANT EVENTS City Council Meeting 6/14/99 and 6/28/99 at 7:30 p.m. Planning Commission Meeting 6/15/99 at 7:30 p.m. Wildlife Preservation Committee Meeting 6/21/99 at 6:00 p.m. i BULLETIN BOARD HOUSESITTER AVAILABLE: Mature college couple with well- behaved dog is moving back to the South Bay for grad school. Looking to housesit for rent in a situation where they can offset some of the rent by doing light maintenance, odd jobs, gardening, etc. Looking for July 1 move -in date. Responsible and hard working. Call Josh at (805) 534- 9156 or local parents at (310) 541-4031. GARDENER WANTED: E9/hour. Spanish OK. own car. Ca0 544- 1707. FREE TO A GOOD HOME: Beautiful 1 year old chocolate Lab. Neutered male, AKC, all shots. Call 373-7603. SQUIRREL CAGE Whoever borrowed a large cage from our house on Portuguese Bend Road on Monday, 3/27. please call 377-0746 to return it. We will pick it up. FEBRUARY 17, 1999 Issue 99-4 West The West Vector Control District has reported that Africanized Honey Bees have been found on Santa Bella Road in Rolling Hills Estates. Therefore, the District considers the City of Rolling Hills to be colonized by Africanized Honey Bees. AFRICANIZED HONEY BEE INFORMATION AVAILABLE AT CITY HALL At the regular City Council meeting held on Monday, February 8`", representatives of the Vector Control District provided information regarding the local introduction of the Africanized Honey Bee. The • West Vector Control • District' is• investigating all known natural bee hives to determine if the hive has been "Africanized". Africanized Honey Bees take over a regular European Honey Bee hive and over a fairly brief time, convert that hive to Africanized. West Vector Control District officials report that bees that are foraging on flowers and plants, whether Africanized or European, do not pose a significant danger. However, Africanized Honey Bees, when encountered near their hive, can be extremely dangerous. & if you know of a location of a natural bee hive or observe bees in a swarm or coming or going from a certain portion of a tree, stump, crevice or other specific location, please contact the the West Vector Control District at (310) 915-7370 immediately or the City of Rolling Hills at (310) 377-1521. The hive will be investigated. If it is determined that the hive is European Bees, the bees will be re-released into the environment. ,47PrThe City has received information regarding the Africanized Honey Bees which we can send to you at your request. Additionally, we have video tapes that are available for you to check-out that further describe the aggressive characteristics of the Africanized Honey Bees and steps that people should take in dealing with this insect. For more information, please call the City of Rolling Hills at ( 310) 377-1521 or the West Vector Control District at (310) 915-7370. REMINDER ... ADMINISTRATIVE FEE FOR "AS BUILT" STRUCTURES In an effort to curb "as built" structures from being presented to the Planning Commission, the City Council, on January 25th, .adopted an additional $400 administrative fee that will be charged on applications for illegal or "as built" structures or grading that requires Planning Commission review (as a general rule...it's grading if the work being done on your property requires the use of heavy equipment). Additionally, $200 will be charged for each additional "stop work order" that is issued beyond the original stop work order for illegal construction that requires Planning Commission review. Planning Commission review is required for structures that encroach into the front, side or rear yard setbacks, for items such as sports courts and for a new structure (any size) or adding on to an existing structure by more than 1,000 sq. ft. which represents more than a 25% increase in the original structure size. These types of projects, whether proposed or illegally constructed, require Planning Commission approval through the public hearing process. The public hearing process is designed to ensure that all of the neighbors and interested parties have an opportunity to discuss a project prior to it being constructed. For more information, please feel free to contact City Hall at (310) 377-1521. BIRD DISPLAY/SEMINAR presented by Gty of Rolling Hills Wildlife Preservation Committee and South Bay Wildlife Rehab Monday, March 15'' 7:00 P.M. Rolling Hills City Hall 2 Portuguese Bend Road FALCONS OWLS HAWKS see these beautiful birds up close 4• learn about falconry :• learn about wildlife rehabilitation and what we can do to protect and support these birds and their environment d• learn what is fact vs. fiction regarding these birds BRING THE ENTIRE FAMILY! REFRESHMENTS WILL BE SERVED MARK YOUR CALENDAR NOW! THE CITY OF ROLLING HILLS' ANNUAL SPRING CLEANUP WILL TAKE PLACE ON SATURDAY, MAY 81/1 and SATURDAY, MAY l 5' Place unwanted Items at roadside on May 8t' or May 15th and BFI will pick them up and dispose of them for you. Do not place Items at roadside more that 24 hour prior to each pickup date. TENNIS CLUB INVITATION The Rolling Hills Tennis Club is inviting all Rolling Hills tennis enthusiasts, who are not members of the Rolling Hills Tennis Club, to join us as our guests at one of our upcoming social tennis events. We want to encourage more residents to join us and enjoy tennis, dinner and fun at our newly refurbished facilities. These events are held on Sunday afternoons, once per month. Please contact Ann and Allan Roberts at 377-5607 for details, and your reservation. MESSAGE FROM THE ROLLING HILLS ASSOCIATION AD residence aloes will be ogees ate 10% reduction in January and February. Order a replacement alga for $60.001 UPCOMING IMPORTANT EVENTS • City Council Meeting 2/22/99 and 3/8/99 at 7:30 p.m. • Wildlife Preservation Committee Meeting 2/24/99 at 6:00 p.m. • Commission Meeting 3/1 /99 at7:30p.m. i BULLETIN BOARD a WAIYIED: Rolling Bills resident looking to rent/house sit your Rolling Hills home from April through July. Call 377-9855. O HOUSEKEEPER AVAILABLE: Recommended by RH resident, has 3 days available. Call 541-2299. O FOR SAL& 1998 05400 LOCUS, 4 door, 3,000 miles...443,000. Call 377- 7802. O VACATION: Penthouse suite in Cabo San Lucas available 3t29.4/5, sleeps 8. Call 544.6607. FEBRUARY 3, 1999 Issue 99-3 City Hall will be closed on Monday, February 15th in observance of the Presidents' Day Holiday. d' SPECIAL PRESENTATION ON AFRICANIZED HONEY BEES sue' :A special presentation on the status of the Africanized Honey Bee in the South Bay will be made by the West Vector Control District at the City Council Meeting on Monday, February 8"' at 730 p.m. You are invited to attend this presentation at City Hall, 2 Portuguese Bend Road. For more information, please call City Hall at 377-1521. airt WILDLIFE BIRD DISPLAY/SEMINAR Members of the Rolling Hills Wildlife Preservation Committee will host a special Wildlife Bird Display and Seminar on March 15"' at 7:00 p.m. at City Hall. Please plan to join the Wildlife Committee for this opportunity to see live falcons, owls and hawks and learn about falconry, wildlife rehabilitation and what you can do to protect and support these birds in their native environment. This is a wonderful opportunity to learn what is fact versus fiction about these important birds. For more information, please feel free to contact Rolling Hills City Hall at (310) 377-1521. CITY COUNCIL ADOPTS ADMINISTRATIVE FEE FOR "AS BUILT" STRUCTURES In an effort to curb "as built" structures from being presented to the Planning Commission, the City Council, on January 25", adopted an additional $400 administrative fee that will be charged on applications for illegal or "as built" structures or grading that requires Planning Commission review (as a general rule...it's grading if the work being done on your property requires the use of heavy equipment). Additionally, $200 will be charged for each additional "stop work order" that is issued beyond the original stop work order for illegal construction that requires Planning Commission review. • Planning Commission review is required for structures that encroach into the front, side or rear yard setbacks, for items such as sports courts and for a new structure or adding on to an existing structure by more than 1,000 sq. ft. which represents more than 25% increase in the original structure size. These types of projects, whether proposed or illegally constructed, require Planning Commission approval through the public hearing process to be built or remain "as built". The public hearing process is designed to ensure that all of the neighbors and interested parties have an opportunity to discuss a project prior to it being constructed. For more information, please feel free to contact City Hall at (310) 3774521. MESSAGE FROM THE ROLLING HILLS COMMUNITY ASSOCIATION All residence signs will be offered at a 10% reduction in January and February. Order a • replacement -sign-for- $50.001 UPCOMING IMPORTANT EVENTS ■ City Council Meeting 2/8/99 and 2/22/99 at 7:30 p.m. ■ Wildlife Preservation Committee Meeting 2/24/99 at 6:00 p.m. ■ Planning Commission Meeting 2/16/99 at 7:30 p.m. BULLETIN BOARD O Rolling Hills resident looking to rent/house sit your Rolling Hills home from April through July. Call 377-9858. O A Calico cat with large orange & black spots was found dead on Outrider Road, during the holidays. If this is your pet and you would like further information, call 833-7222. O FOUND: Green parrot w/red & yellow marking in vicinity of 26 Portuguese Bend Road. For information call 544-6005. JANUARY 20, 1999 Issue 99-2 MARK YOUR CALENDAR NOW! 0 A special presentation on the status of the Africanized Honey Bee in the South Bay will be presented by the West Vector Control District at the City Council Meeting on Monday, February 8th at 7:30 p.m. You are invited to attend this important presentation. 0 The Wildlife Presentation Committee will host a Bird Display/Seminar on Monday, March 15th, beginning at 700 p.m. Both of these special meetings will take place in the City Council Chambers at City Hall, 2 Portuguese Bend Road. Your attendance is encouraged. Watch for further details in upcoming newsletters. CITY COUNCIL TO CONSIDER ADMINISTRATIVE FEE PENALTIES FOR "AS BUILT' PROJECTS Members of the City Council will conduct a public hearing at the City Council meeting on Monday, January 25'" to consider an administrative fee of $400 and $200 for each stop work order issued for "as built" projects. "As built" projects are projects that are constructed within the City without appropriate permits issued after a public hearing before the Planning Commission. Typical examples could include building into a setback without a Variance, adding a sports court without a Conditional Use Permit or grading or building to the extent that requires Site Plan Review Approval by the Planning Commission. This public hearing will begin at approximately 7:30 p.m. in the Rolling Hills City Council Chambers, 2 Portuguese Bend Road. Public input is encouraged. AFRICANIZED HONEY The Los Angeles County West Vector Control District has BEES IDENTIFIED IN reported . that a hive of THE SOUTH BAY Africanized Honey Bees was found and destroyed in the City of Lawndale on December 15th. It is reported that this is the first recorded colony of . Africanized Honey Bees found in Los Angeles County. According to the District, it is believed that the hive had been at that location for more than a year and converted to the Africanized Honey Bees within the last few months. It is also believed that a number of Africanized Honey Bee swarms may have emerged from this colony during that period and may have established new colonies elsewhere. Africanized Honey Bees are identical in appearance to the European Honey Bees already found in the City of Rolling Hills. However, Africanized Honey Bees respond to what they perceive. as a threat in a significantly more aggressive manner thari European Honey Bees. This situation in Lawndale involved an established European Honey Bee hive that was converted by the Africanized Honey Bees taking over the hive which resulted in aggressive behavior by the bees that was observed by people in the area. If you observe any natural bee hives in the City of Rolling Hills, please contact the Los Angeles County West Vector Control District at (310) 915-7370 or the City of Rolling Hills at (310) 377-1521. The West Vector Control District has provided a video entitled "Living with Africanized Honey Bees" and "Children and Africanized Honey Bees". If you would like to view this video, please call City Hall at (310) 377-1521 so that we can arrange for you to borrow a copy. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT FACILITIES COMMUNITY FORUMS / Y°4 \ The Palos Verdes Peninsula Unified School District is currently working with community members on the issue of facilities usage as it relates to student enrollment growth. The Facilities Design Team, comprised of representatives from various Peninsula organizations, was formed to provide input of the community's perspective and desire for future facilities. The Team has been reviewing information concerning student enrollment, cost analysis, staffing requirements, etc. The Team members have suggested their desired conditions, brainstormed potential scenarios, and discussed pros and cons for the options created. A list of scenarios that encompasses all grade levels has been developed by the Team, which is attempting to narrow its choices for a recommendation that will be presented to the Board of Education in the near future. The School District has scheduled two community forums to answer questions and update residents on the progress of the Facilities Design Team. The community forums will be held on Wednesday, February 3rd at 7:00 p.m. in both the Miraleste Intermediate School Theatre Arts Building and the Palos Verdes Intermediate School Multipurpose room. These forums will be instrumental in collecting feedback from the community. For further information on the forums, call Peter Lyons at 378-9966, extension 230. t MESSAGE FROM THE ROLLING HILLS COMMUNITY ASSOCIATION All residence signs will be offered at a 10% reduction in January and February. 5u0ry. Order a replacement sign UPCOMING IMPORTANT EVENTS • City Council Meeting 1/25/99 and 2/8/99 at 7:30 p.m. ■ Wildlife Preservation Committee Meeting 2/24/99 at 6:00 p.m. • Planning Commission Meeting 2/16/99 at 7:30 p.m. i BULLETIN BOARD 0 Elderly lady needs caretaker/assistant 5 p.m. — 9 a.m. daily/English & Drivers license a must. Call 377-8464. O Grounds Keeper, misc. duties; English/car/3-5 day week depends on ability/$7.00 to $8.00/hr. Call 377-8464. 0 Lovely baby crib with mattress for sale — like new, light brown wood. Make offer. Call Jeanne, 377-3243. O A white cat with large orange & black spots was found dead on 1/10 on a property on Georgeff Road If this is your pet and you would like further Information, call 534-3681. TO: FROM: SUBJECT: C1i,, 0/ /0f/L. Jh// INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 4-A Mtg. Dater 04/14/97 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING IMPROVEMENTS TO THE GRADING PLAN CONFIRMATION PROCESS. DATE: MARCH 14, 1997 BACKGROUND At the regular meeting of the Rolling Hills Planning Commission held Tuesday, March 15, 1997, Planning Commissioners recommended that the City Council approve the attached proposal relating to changes in the grading plan confirmation process prior to plans being submitted to the Planning Commission. As indicated in the attached report, it is staff's goal to have the most accurate information as possible presented to the Planning Commission. Oftentimes, conditions in the field become evident after a gradingsite plan is approved, which necessitate amendments to the grading plan. RECOMMENDATION It is recommended that members of the City Council approve this report as presented or provide appropriate direction. CRN:mlk ccgradconf.sta Mr George Shaw Edward Carson Beall Associates 23727 Hawthorne Blvd. Torrance, CA 90505 Mr. Torn Montague Tomel Development, Inc. 4219 Charlemagne Ave. Long Beach, CA 90808 Mr. Ross N. Bolton Bolton Engineering Corporation 2603 Coral Ridge Road Rancho Palos Verdes CA 90275 Mr. Darryl Dalcin Dalcin Cummins Associates 17625 Crenshaw Blvd. Torrance, CA 90504 Mr. Doug McHattie South Bay Engineering 304 Tejon Place Palos Verdes Estates, CA 90274 Ar. Nap Bakkhoum Ir. Dutch Phillips Edward Carson Beall P.O. Box 7834 Associates Laguna Niguel, CA 92607 23727 Hawthrone Blvd. Torrance, CA 90505 Mr. Anthony Inferrera 1967 Upland St. Rancho Palos Verdes, CA 90275 Ms. Karina R. Bird Bolton Engineering Corporation 2603 Coral Ridge Road Rancho Palos Verdes, CA 90275 Mr. Criss Gunderson Criss Gunderson Architect 1840 S. Elena Ave., Ste. 203 Redondo Beach, CA 90040 Mr. Roger North Robinson North Architects 26360 Plaza Del Amo, Ste. 200 Torrance, CA 90501 Mr. George Sweeny Mr. Bob Lamb Architect 56 Eastfield Drive • 3 Malaga Cove Rolling Hills, CA 90274 Palos Verdes Estates, CA 90274 Mr. Thomas Blair Blair and Associates 2785 Pacific Coast Highway Torrance, CA 90505 Mr. David Breiholz Breiholz Qazi Engineering, Inc. 2785 Pacific Coast Highway Torrance, CA 90505 Mr. Richard Linda Richard Linde & Associates 2200 Amapola Court, Ste. 200 Torrance, CA 90501 Mr. Lamar Robinson Robinson North Architects 26360 Plaza Del Amo, Ste. 200 Torrance, CA 90501 Cuy o` l2 PPn9 Jh/I INCORPORATED JANUARY 24, 1957 JODY MURDOCK Mayor B. ALLEN LAY Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember ' FRANK E. HILL Councilmember GODFREY PERNELL, D.D.S. Councilmember April 16, 1996 Mr. George Shaw Edward Carson Beall Associates 23727 Hawthorne Blvd. Torrance, CA 90505 Dear Mr. Shaw: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com SENT TO THE ATTACHED LIST. At the regular meeting of the Rolling Hills City Council held April 14, 1997, City Councilmerribers approved the attached staff report regarding the grading plan confirmation process. As indicated in the report, it is staff's desire to have the most accurate grading plans as possible presented to the Planning Commission. We urge you to review this material and let us know if you have any questions. Should you wish to discuss this further, please do not hesitate to call. Sincerely, $46J41 Craig R. Nealis City Manager CRN:mlk gradconyrocltrs cc: City Council Planning Commission Lola Ungar, Principal Planner Lata Thakar, LA County Rafael Bernal, LA County Peggy Minor, RHCA Manager ®Panted on Recvcied TO: CI, 0/ ROilirtf JUL 9D INCORPORATED JANUARY 24, 1937 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310)377.1521 FAX (310) 377.7281 E•mait eityalrl+6aol.com Agenda Item No.: 9-D Mtg. Date: 03/18/97 HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT AND RECOMMENDATION REGARDING IMPROVEMENTS TO THE GRADING CONFIRMATION PROCESS. DATE: MARCH 18, 1997 BACKGROUND At the joint meeting of the City Council and Planning Commission held on Monday, February 3rd, a report was presented regarding the grading confirmation process. At that time, staff was directed to return to the Planning Commission with recommendations on how to improve the grading inspection/site plan analysis procedures. A copy of that staff report is attached for your information. As indicated in that report, a grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Currently, the grading plan inspection services are provided through the County of Los Angeles. Eight -five percent (85%) of the grading permit applications are handled through the Los Angeles County office in Alhambra. The remaining fifteen percent (15%) are handled through the County Lomita office. Currently, if a grading plan does not involve the construction of a new structure, a visit to the actual site is not conducted by the County soils and geology engineer. In most cases, involving minor grading, this probably does not present an issue. In cases where a new structure is proposed, the County soils and geology personnel inspect the site. In either case, recommendations/amendments from the County are provided to the grading contractor/engineer. Therefore, the situation can arise where the grading plan that was presented to the Planning Commission must be amended to meet either safety standards imposed by the County and/or address soils conditions that have been identified in the soils and -1- engineering report. This report is the responsibility of the applicant and is required by the County. This can result in a significant change .to the grading plan that was considered by the Planning Commission. Currently, these deviations are resolved through staff approval of the revised grading plan (Minor modification RHMC 17.46.070 A,B,C) or a reapplication before the Planning Commission (Major modification RHMC 17.46.070 A,D). The County relies heavily on the civil engineer's stamped plan that is submitted by the engineer for a particular project. Specifically, Section 7020.5 of the 1994 Uniform Building Code requires the field engineer, soils engineer or engineering geologist to notify the building official in writing of non-conformance with an approved grading plan. However, history has show us that often times these corrections take place without the County or the City being advised of the need to amend the grading plan. Goal of Proposed Grading Plan Check Modifications The goal of modifying the grading plan check procedures for the City of Rolling Hills is quite simple. It is staff's desire to have the Planning Commission review, as closely as possible, what represents the actual proposed grading activity in the field when they are considering plans during the public hearing process. We recognize, however, that there may be deviations based upon actual field conditions which cannot be handled until they are actually encountered in the field. Our second goal is to have the grading plan in the most final status when it is reviewed by the Planning Commission which will minimize the likelihood of as - graded conditions beyond the original scope of approval being presented to the Planning Commission is an "as -graded" modification fashion. Proposed Modifications As stated earlier, the County reviews not only the grading plan but the soils and geology reports required for the grading permit following approval of the project by the Planning Commission. Staff proposes to implement the following which can be implemented by staff on a discretionary basis depending upon the quantity, location, or sensitivity of the graded area. Discretionary implementation of these procedures would be as follows: Step 1,: Upon reviewing an initial plan being submitted for Planning Commission review, staff will have the discretion to request that the County soils engineering geology personnel review that plan to determine its probable feasibility as presented on the grading plan itself. This would serve as an administrative review of the plan by the County. Step 2: If it is felt that the grading represents activity that is more sensitive, staff will require the County to conduct a field inspection of the proposed site and -2- grading plan beyond the administrative review (Step 1). This will be conducted during normal working hours and will involve staff, the applicant and the County. Step 3: If the grading plan appears to be highly sensitive, staff will require the applicant to prepare the soils and geology reports to be submitted and evaluated by the County prior to submission of the case to the Planning Commission. It is our hope that implementing one or more of these steps will enable the Planning Commission to review a grading plan that has been evaluated in terms of its feasibility in the field. It is also felt that staff currently has the discretion to require this information of applicants. However, this represents a change in the way we currently conduct business and it is hoped that presentation of this information to the Planning Commission will assist staff in implementing these new procedures. Costs For This Increased Service Currently, the County already charges the City and the applicant for review of a soils and geology report in conjunction with a grading permit. These costs will not change. However, office review of grading plans (Step 1) are estimated to take approximately 2-4 hours at the County office at $56.00 per hour. Therefore, the cost for the office review is estimated to be $112.00-224.00 per project. 1 staff initiates the second level (Step 2) and requires a field visit by the County personnel, that cost is estimated to be an additional $280.00 per project. Therefore, approximate costs associated with a field review prior to Planning Commission review will be $329.00-504.00. Presently, staff is not proposing to amend the fees associated with the site plan review process to cover any of these costs. It is recommended that we embark on these new review procedures and review any amendments to our fee schedule in the future as appropriate. It is not staff's desire to create unnecessary delays for applications. That is primarily why we have recommended that staff have the discretion to implement Step 1, 2 or 3 depending upon the scope and nature of the project. According to the County of Los Angeles, it is estimated that the office review of the grading plan will take approximately 5 days. To complete a field review with the office review, will take just a few days longer. Clearly, if we require an applicant to prepare the soils and geology reports prior to submission to the Planning Commission, delays will result. However, it should be understood that the preparation of a soils and geology report is already required by an applicant. However, this is normally completed following Planning Commission approval for a project. -3- Summary It cannot be over -emphasized that it is staff's goal to present to the Planning Commission the most accurate grading plan as possible. It is hoped that these added procedures will assist applicants with presenting a more detailed grading plan so there are fewer amendments following actual approval. RECOMMENDATION It is recommended that members of the Planning Commission consider these recommendations and provide a recommendation to the City Council. CRN:mlk gradconfproc.sta -4- 4/5/97 Craig: Following our meeting the other day in your office, I reread the your Memo entitled: CONSIDERATION OF A REPORT AND RECOMMENDATION REGARDING IMPROVEMENTS TO THE GRADING CONFIRMATION PROCESS. Somehow in the last Planning Commission meeting, we focused on our differences in the use of specification tolerances for grading quantities. It all got started from the word "confirmation" in the title of the memo itself which sidetracked the main issue. Because of our meeting, I better understand where the ideas are focused. I have the following thoughts: 1. I basically agree with the concept put forth in the memo of providing an improved process resulting in more realism in deriving grading estimates before the applicant comes before the Planning Commission. THis improvement should "drive" the estimated numbers much closer to their final graded values. The applicant will benefit from a better estimate of the size and cost of the job. This will save the Planning Commission a lot of time as the projected numbers should be accurate enough that a second or third appearance before us, caused by overly "optimistic" numbers, will be unnecessary. 2. I recommend you change the word "Confirmation" in the memo title, to "Estimation" 3. Staff has identified a serious problem in the first paragraph on p2 of the memo. That is, that key persons(like soils engineer, geologist and/or field engineer) on the job were not consistently reporting non-conformance to the grading plan. Where is the flaw in this process? Obviously, this problem has to be rectified. I would hope that the "Notice" that I offered on the subject of "Unapproved Site Development" would help put some extra teeth in our code requirements re the actions/inactions of contracting professionals. Arvel h PS A thought on estimating grading quantities shrinkage: Shrinkage quantities need to be estimated not as a percentage of the net cut and fill quantities, but rather on the basis of overall excavation quantities which are moved. I think it'd be a good idea to have total grading quantities identified & documented at our meetings in addition to net quantities which we currently require. That way, we all could be sensitive to shrinkage, especially when fill quantities are being counted on for a specific use other than just spreading the fill over the property. Take an example where cut and fill are approved at 1000 cu. yds, but 10,000 cu. yds. are moved to stabilize the property. Assuming 10% shrinkage on 10,000 cu. yds., there'd be no fill dirt left for the cut and fill balance and, the shortage exceeds the export criterion. C144 0/ /20 1l..y INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90271 (310) 377-1321 FAX (310) 377.7288 E -malt citydrt@ad.coat Agenda Item No.: 3-E Mtg. Date: 02103/97 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT REGARDING GRADING CONFIRMATION AND ADMINISTRATIVE MODIFICATION PROCESS. DATE: FEBRUARY 3, 1997 BACKGROUND At the regular City Council meeting held Monday, January 27, 1997, Councilmember Tom Heinsheimer requested that this item be presented at this evening's meeting. Grading Confirmation Process Currently, the County of Los Angeles provides grading inspection and plan check services to the City of Rolling Hills through a contract. The County of Los Angeles serves as the City's Building and Safety Inspector in this capacity. A grading permit isrequired when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Authority for this permit requirement is provided under Rolling Hills Municipal Code Section 15.04.120 (attached). According to Los Angeles County District Engineer Lata Thakar, 85% of the grading permit applications in the City of Rolling Hills are handled through the Los Angeles County office in Alhambra. In cases where grading is proposed on an undeveloped lot, the site is visited by the Los Angeles County Geologist from Alhambra prior to the issuance of a grading permit. If, however, the grading is proposed on a developed lot, an inspection is normally not conducted by the County Geologist. The remaining 15% of grading permits generally involve minor requests which are handled through the local County offices in Lomita. -1- p. - ., P,., , : c ,: • Following issuance of the grading permit, major deviations from the approved grading plan are reported to the County through the normal building inspection process handled by the local inspector out of the Lomita office. In all of the inspection procedures, the plans submitted by the engineer for the project weigh heavily in the determination of the appropriateness of the grading. All plans are required to be stamped and certified by a certified civil engineer as accurate and correct. From time to time, staff is alerted to alleged violations of approved soil import/export conditions on specific lots. Staff has implemented the following changes to our procedures to help alleviate this activity in the future. First, we have modifiedthe presentation of our staff reports to include a separate paragraph identifying whether a basement is included in a proposed development. The City does not generally regulate basements, however, they are regulated by the County for safety purposes. Our site plan review application contains a question as to whether a basement is proposed in conjunction with a specific development. However, even when that application is submitted indicating that a basement is not proposed, oftentimes when the building plan is submitted to the County for plan check, it contains a basement. This results in excess soil which, if it cannot be balanced on the site becomes available for exportation. It is our hope that adding a declaration to each staff report that a basement is or is not proposed, that handling of any excess soil on site can be addressed during the Planning Commission public hearing process. Second, we have significantly changed our procedures for the administrative approval of the export or import of soil authorized under Sections 15.04.150 and 15.04.170 of the Rolling Hills Municipal Code. Highlights of these changes include the requirement that a certified engineer must submit this request and that the County will conduct a pre-import/export inspection, a during construction import/export inspection and a post import/export inspection. Correspondence to area engineers and graders regarding this new procedure is included with this staff report. Third, we are finalizing our Planning Department property profile system which will eventually enhance the application process and add another level of detailed information that will be considered by the Planning Commission. We anticipate that we will have a demonstration ready for this system in early March. Administrative Modifications to Development Section 15.04.150 of the Rolling Hills Municipal Code prohibits the export or import of soil to or from any lot in the City. Additionally, that Section requires that grading plans shall only be approved for grading that is balanced on the site. Paragraph (3) of -2- that Section allows the City Manager to grant an exception to the requirements of the import/export or balanced cut and fill requirements under specified conditions. These conditions include that construction of a structure on the lot or parcel has commenced, that the need to import or export the soil could not have been foreseen prior to commencement of construction, and, 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. Additionally, Section 17.16.230 of the Municipal Code entitled "Balanced Grading Required", establishes the prohibition of export or import of materials in connection with any grading performed in the City. Under Section 17.46.070 of the Municipal Code entitled "Subsequent Modifications", the City Manager has the authority to review and act upon minor modifications to development projects. The Planning Commission reserves the right to review and act upon major modifications. Under Paragraph (C) of that Section, evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. Traditionally, minor modifications usually involve minor additional structures to an approved project in an area that was not considered the subject of contention during the original site plan application. Minor modifications are determined by the nature of the amendment and how that portion of the project was received at the Planning Commission level. In all of the cases, either a stamped City approval on a request for the minor amendment by the applicant or a formal letter of approval for the amendment is included in the case file for that particular property. Reasons that administrative modifications are granted include: • A modification at the request of the applicant which does not drastically change the scope of the project. • A modification at the request of adjoining property owners to settle matters of differences. RECOMMENDATION It would be in order for members of the Rolling Hills City Council and Planning Commission to consider this report and provide appropriate direction to staff. The City Council may wish to consider if they would like staff to return with a report with recommendations on how to improve the grading inspection/site plan analysis procedures. CRN:mlk gradsng sta -3- 15.04.120 Section 3306.1 amended. Section 3306.1 of the Building Code is amended to read: Section 3306.1: 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: (8) 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 exca- vation 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. (Ord. 257-U §1(part), 1995). JOOY klUAOOC.K Maye 8. ALLEN LAY Ma)u PhD Tom T}IOMAS F. FENSHEIMER C tivI'nemDo► FRANC E. Hu. Carchrento 00 PERNELL O.O.S. c,0 *ernbe► December 6, 1996 City (Potting JAIL INCORPORATED JANUARY 29, 19$7 SENT TO ATTACHED LIST NO. 2 PORTUGUESE BEND ROAD ROILING NILLS. CALIF. 90274 W01371.1621 FAX D110) 377.12941 Emit cltyoly 4sc.00m Sections 15.04.150 through 15.04.180 of the Rolling Hills Municipal Code provide the conditions and authority for the importation or exportation of soil to and from a development site following the commencement of construction. This provision was added to the Rolling Hills Municipal Code in 1991. From time to time, the City receives complaints that importation or exportation of soil may have exceeded the quantity of soil permitted. We have handled these complaints on a case -by -case basis and have worked with the professionals in charge of the developments on these sites. This process has not proved to be completely effective. ation or It has come to our w thoutn at too often the knowledgee of theLtted City.level of It seemsn haft the vast exportation is exceeded g majority of soil exportation occurs on projects where a basement is added to a residential development after approvals have been granted by the Planning Commission. Although the City does not generally regulate basements beyond building safety, the movement of soil to and from properties is a genuine concern to the City. The addition of a basement on a previously balanced cut and fill project may lead to the availability of soil which then may result in the importation of soil to another property in the community. The Site Plan Review Application already contains a question for the applicant to identify whether or not a basement is proposed for a residential development project. Page 2 Therefore, in order to maintain the integrity of the process and in fairness to all parties, we are implementing the following changes for consideration of importation or exportation of soil on development projects. Effective immediately, basement soil cuts shall be included in all balanced cut and fill ratios when any application is submitted. Additionally, a separate paragraph will be included in staff reports presented to the Planning Commission identifying whether the plicant has declared that a basement will or not__ a pa o e uroieci. For importation or exportation of soil following commencement of construction, effective immediately, written requests will only be considered by the City when they are submitted by a certified civil engineer on engineering company letterhead. The letter must contain the information required under the Municipal Code (attached). When this letter is presented, the County will conduct (1) a pre -soil importation/exportation inspection on all affected properties, (2) inspection during the actual transfer of soil, and (3) a follow-up inspection upon completion of the soil transfer. At that point, a signed letter by the certified civil engineer will be required and must state the quantity of soil that was actually exchanged. Quantity of soil per truck, and number of truck trips information must also be included. Failure to comply with these provisions will result in a stop work order. We understand that from time to time, conditions in the field warrant the importation or exportation of soil. However, when it is anticipated that the export or import exceeds the specifically authorized quantity or 500 cubic yards maximum,, it is imperative that City staff be contacted immediately to address the situation. Provisions to seek a Variance exist in the Municipal Code or remedies are available at the staff level to address these situations. Additionally, should the County of Los Angeles require soil importation or exportation to satisfy safety issues, you must contact City staff immediately so that we can become involved in this process as early as possible. Disregard of these provisions cannot be tolerated. Should these provisions be violated, staff will have no choice, but to forward violations to the office of the District Attorney. We appreciate your cooperation and look forward to maintaining the orderly development of properties in this community. We hope to work with you to assist you in completing your paperwork, but ask that accurate information be provided at all stages of the development process. OD- Page 3 Should you wish to discuss any of this further, you are urged to contact this office at your convenience. As always, our City Hall office doors remain open and we are willing to discuss any aspects of this situation that you deem necessary. Thank you for your cooperation. Sincerely, y,A Craig R. Nealis City Manager CRN:mtk soi rmpo►t/enpo•1.Q rs cc City Council City Attorney Planning Commission RHCA Board of Directors Peggy Minor, RHCA Manager RHCA Architectural Committee Lola Ungar, Principal Planner Lata Thakar, District Engineer Rafael Bernal, Building Inspector Ed Acosta, Building Inspector 74, Gump Slow Geer. Cats% 1esl A»o,vtes. AJA AesociMs 2312? ik.worm lit Unimak CA10!03 Mr. Ti. Moran Tare Oe.eapraal he. 4219 ClMiyaa Aoa. tore Duck CA 90601 Mr. Ras N. t#s9tar Bottom Sagioserirs Corporroor 2603 Cora Rrd1c Reed Rardro Pars Verdes, CA 90273 W Darryl Akin O ►kr Cs.rsis Associates 17123 Orman, Bi t Tomes. CA 90304 W Dog *Ron Soar Ile, Eapre^st 304 Top Rao Poke Verdes Eauuc CA 90274 Me Gear Swe4 94 up Caw rocs Verde Gaarn► CA 90174 W. Nap L battcam Wind Canty Scan Associates. MA A Asaacisaes n721 Naama+e s.A Tames, CA 90503 III. Aarlrw7 Worm 1x7 Upland Si. Lando Nos Verdes. CA Ma Sarkis R. tlr.d Sake i+tinarias Cor►ormio4 260) Cara R.dr Rand Ranch Nos 'lades. CA 90273 W. Cries Cardenas Cries CMd. non A,chncl 1610 S Eli*. An . Ste )0) Ram* a. ac* CA 90010 W. Rep Moral Rotor+os Non! A,c d.cs I1360 hats pea Aso, Su 200 Tames. CA 90301 Mr Dena hair. P.O la 7154 Lapis Nigel. CA 12607 W. flares Main %air std Maociate 211$ ►wtc Cow Ni9k.s7 Tarns. CA 90306 W. Q.id Ilreato4 Dear* oat. EwSirsoi11. Isc. 1132 Lawn 11.1 Losnt CA 90717 W Raid tick Rwrd Lode £ Auonatn 2 7C A". WA Cave, Si. 700 Tansna.CA 90501 W Loma. Sarnia, RoAaos Niok Arelrtecis 19360 hw DO AIM. Sr 200 Tourer. CA 90301 .15.04.ISC ction 7015.4 amended. ' Lon 7015 of the BUTTER, .ode, entitled •Excavation_,• __ amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site. 3. The City Manager may grant an exception to the 'requirements of parts 1 and 2 of this paragraph (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U §1(part), 1995). 173 (Rolling Hills 5/96) 15.__.160--15.04.170 15.04.160 Subsection 7016.3 amended. Subsection 7016.1 of Section7016ofthe Building Code, entitled 'Fill Slope,' is 7016.3 FILL SLOPE. Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') feet, unless the owner receives a variance for a steeper or higher vertical height fill slope from the Planning Commis - Ilion of the City of Rolling Hills, pursuant to the provisions of Title 17 of the Municipal Code of the City. In applying for a variance to the provisions of this paragraph, the owner shall submit soil test data and engineering calculations and shall provide in writing any specific safety and/or stability problems on the property that presently exist or may exist if the requested variance is granted and the proposed grading plans are approved. (Ord. 257-U §1(part), 1995). 15.04.170 Subsection 7016.9 added. Subsection 7016 of the Building Code, entitled 'Fills,' is amended to add a new 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 (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U S1(part), 1995). 174 (Rolling Hills 5/96) 15.04.180--15.08.010 15.04.180 Violations and penalties. A. It is un- lawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupyor maintain any building or structure or per- form any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of the. Building Code. B. Penalty. Any person, firm or corporation violat- ing any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of, not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 257-U S1(part), 1995). 17.16.230 Balanced aradina required. Per the re- quirements of the City's Building Code (Title 15 of the Municipal Code), no export of cut materials nor import of fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. (Ord. 239 §11(part), 1993). 17.46.070 qubseauent modification. A. After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Man- ager or the Planning Commission. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manag- er shall establish criteria for minor and major modifica- tions. B. Any property owner, or his designated representa- tive, seeking to modify an approved site plan review shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifica- tions are considered minor modifications or major modifica- tions. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new pro- ject. As such, a new application for Site Plan Review shall be required, and the application shall be reviewed as provided for in this chapter. (Ord. 239 §11(part), 1993). Grp o/l? 1F.n9 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: LOLA UNGAR, PRINCIPAL PLANNER FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: GRADING PENALTIES/SAFEGUARDS DATE: APRIL 15, 1997 As you know, at the City Council meeting held Monday, April 14th, several issues relating to the above mentioned topic were discussed by the City Council. Please study these issues regarding economic penalties and/or other disincentives for after the fact grading with the Assistant City Attorney. Further, please identify methods of increasing the monitoring of a project, with a possible fee structure to provide for weekend monitoring. Please also determine the feasibility/status of licensing graders and methods to hold the property owner and the grader/engineering official accountable for any deviations from an approved grading plan. I do not expect this to be an overnight task. However, you should plan on having this in front of the Planning Commission no later than July, 1997. Thank you for your cooperation. CRN:mlk grading/pe.mem ®Printed on Rni ycied Paper TO: FROM: SUBJECT: City 0/ leffiny 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.: 4-A Mtg. Date: 04/14/97 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF A RECOMMENDATION FROM THE PLANNING COMMISSION REGARDING IMPROVEMENTS TO THE GRADING PLAN CONFIRMATION PROCESS. DATE: MARCH 14, 1997 • BACKGROUND At the regular meeting of the Rolling Hills Planning Commission held Tuesday, March 15, 1997, Planning Commissioners recommended that the City Council approve the attached proposal relating to changes in the grading plan confirmation process prior to plans being submitted to the Planning Commission. As indicated in the attached report, it is staff's goal to have the most accurate information as possible presented to the Planning Commission. Oftentimes, conditions in the field become evident after a grading site plan is approved, which necessitate amendments to the grading plan. RECOMMENDATION It is recommended that members of the City Council approve this report as presented or provide appropriate direction. CRN:mlk ccgradconf.sta cliv 0/ i2lL•ny Jijid 9D INCORPORATGO JANUARY 21, 1937 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377.7288 E•mait cityolrl►Oao&com Agenda Item No.: 9-D Mtg. Date: 03/18/97 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT AND RECOMMENDATION REGARDING IMPROVEMENTS TO THE GRADING CONFIRMATION PROCESS. DATE: MARCH 18, 1997 BACKGROUND At the joint meeting of the City Council and Planning Commission held on Monday, February 3rd, a report was presented regarding the grading confirmation process. At that time, staff was directed to return to the Planning Commission with recommendations on how to improve the grading inspection/site plan analysis procedures. A copy of that staff report is attached for your information. As indicated in that report, a grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Currently, the grading plan inspection services are provided through the County of Los Angeles. Eight -five percent (85%) of the grading permit applications are handled through the Los Angeles County office in Alhambra. The remaining fifteen percent (15%) are handled through the County Lomita office. Currently, if a grading plan does not involve the construction of a new structure, a visit to the actual site is not conducted by the County soils and geology engineer. In most cases, involving minor grading, this probably does not present an issue. In cases where a new structure is proposed, the County soils and geology personnel inspect the site. In either case, recommendations/amendments from the County are provided to the grading contractor/engineer. Therefore, the situation can arise where the grading plan that was presented to the Planning Commission must be amended to meet either safety standards imposed by the County and/or address soils conditions that have been identified in the soils and -1- engineering report. This report is the responsibility of the applicant and is required by the County. This can result in a significant change .to the grading plan that was considered by the Planning Commission. Currently, these deviations are resolved through staff approval of the revised grading plan (Minor modification RHMC 17.46.070 A,B,C) or a reapplication before the Planning Commission (Major modification RHMC 17.46.070 A,D). The County relies heavily on the civil engineer's stamped plan that is submitted by the engineer for a particular project. Specifically, Section 7020.5 of the 1994 Uniform Building Code requires the field engineer, soils, engineer or engineering geologist to notify the building official in writing of non-conformance with an approved grading plan. However, history has show us that often times these corrections take place without the County or the City being advised of the need to amend the grading plan. Goal of Proposed Grading Plan Check Modifications The goal of modifying the grading plan check procedures for the City of Rolling Hills is quite simple. It is staffs desire to have the Planning Commission review, as closely as possible, what represents the actual proposed grading activity in the field when they are considering plans during the public hearing process. We recognize, however, that there may be deviations based upon actual field conditions which cannot be handled until they are actually encountered in the field. Our second goal is to have the grading plan in the most final status when it is reviewed by the Planning Commission which will minimize the likelihood of as - graded conditions beyond the original scope of approval being presented to the Planning Commission is an "as -graded" modification fashion. Proposed Modifications As stated earlier, the County reviews not only the grading plan but the soils and geology reports required for the grading permit following approval of the project by the Planning Commission. Staff proposes to implement the following which can be implemented by staff on a discretionary basis depending upon the quantity, location, or sensitivity of the graded area. Discretionary implementation of these procedures would be as follows: Step 1: Upon reviewing an initial plan being submitted for Planning Commission review, staff will have the discretion to request that the County soils engineering geology personnel review that plan to determine its probable feasibility as presented on the grading plan itself. This would serve as an administrative review of the plan by the County. Step 2: If it is felt that the grading represents activity that is more sensitive, staff will require the County to conduct a field inspection of the proposed site and -2- grading plan beyond the administrative review (Step 1). This will be conducted during normal working hours and will involve staff, the applicant and the County. Step 3: If the grading plan appears to be highly sensitive, staff will require the applicant to prepare the soils and geology reports to be submitted and evaluated by the County prior to submission of the case to the Planning Commission. It is our hope that implementing one or more of these steps will enable the Planning Commission to review a grading plan that has been evaluated in terms of its feasibility in the field. It is also felt that staff currently has the discretion to require this information of applicants. However, this represents a change in the way we currently conduct business and it is hoped that presentation of this information to the Planning Commission will assist staff in implementing these new procedures. Costs For This Increased Service Currently, the County already charges the City and the applicant for review of a soils and geology report in conjunction with a grading permit. These costs will not change. However, office review of grading plans (Step 1) are estimated to take approximately 2-4 hours at the County office at $56.00 per hour. Therefore, the cost for the office review is estimated to be $112.00-224.00 per project. If staff initiates the second level (Step 2) and requires a field visit by the County personnel, that cost is estimated to be an additional $280.00 per project. Therefore, approximate costs associated with a field review prior to Planning Commission review will be $329.00-504.00. Presently, staff is not proposing to amend the fees associated with the site plan review process to cover any of these costs. It is recommended that we embark on these new review procedures and review any amendments to our fee schedule in the future as appropriate. It is not staff's desire to create unnecessary delays for applications. That is primarily why we have recommended that staff have the discretion to implement Step 1, 2 or 3 depending upon the scope and nature of the project. According to the County of Los Angeles, it is estimated that the office review of the grading plan will take approximately 5 days. To complete a field review with the office review, will take just a few days longer. Clearly, if we require an applicant to prepare the soils and geology reports prior to submission to the Planning Commission, delays will result. However, it should be understood that the preparation of a soils and geology report is already required by an applicant. However, this is normally completed following Planning Commission approval for a project. -3- Summary It cannot be over -emphasized that it is staff's goal to present to the Planning Commission the most accurate grading plan as possible. It is hoped that these added procedures will assist applicants with presenting a more detailed grading plan so there are fewer amendments following actual approval. RECOMMENDATION It is recommended that members of the Planning Commission consider these recommendations and provide a recommendation to the City Council. CRN:mlk gradconfproc.sta -4- 4/5/97 Craig: Following our meeting the other day in your office, I reread the your Memo entitled: CONSIDERATION OF A REPORT AND RECOMMENDATION REGARDING IMPROVEMENTS TO THE GRADING CONFIRMATION PROCESS. Somehow in the last Planning Commission meeting, we focused on our differences in the use of specification tolerances for grading quantities. It all got started from the word "confirmation" in the title of the memo itself which sidetracked the main issue. Because of our meeting, I better understand where the ideas are focused. I have the following thoughts: 1. I basically agree with the concept put forth in the memo of providing an improved process resulting in more realism in deriving grading estimates before the applicant comes before the Planning Commission. THis improvement should "drive" the estimated numbers much closer to their final graded values. The applicant will benefit from a better estimate of the size and cost of the job. This will save the Planning Commission a lot of time as the projected numbers should be accurate enough that a second or third appearance before us, caused by overly "optimistic" numbers, will be unnecessary. 2. I recommend you change the word "Confirmation" in the memo title, to "Estimation" 3. Staff has identified a serious problem in the first paragraph on p2 of the memo. That is, that key persons(Iike soils engineer, geologist and/or field engineer) on the job were not consistently reporting non-conformance to the grading plan. Where is the flaw in this process? Obviously, this problem has to be rectified. I would hope that the "Notice" that I offered on the subject of "Unapproved Site Development" would help put some extra teeth in our code requirements re the actions/nactions of contracting professionals. Arvel PS A thought on estimating grading quantities shrinkage: Shrinkage quantities need to be estimated not as a percentage of the net cut and fill quantities, but rather on the basis of overall excavation quantities which are moved. I think it'd be a good idea to have total grading quantities identified & documented at our meetings in addition to net quantities which we currently require. That way, we all could be sensitive to shrinkage, especially when fill quantities are being counted on for a specific use other than just spreading the fill over the property. Take an example where cut and fill are approved at 1000 cu. yds, but 10,000 cu. yds. are moved to stabilize the property. Assuming 10% shrinkage on 10,000 cu. yds., there'd be no fill dirt left for the cut and fill balance and, the shortage exceeds the export criterion. C1ty o` l?>!P•ny Jh//J INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (3101377.1521 FAX (310) 377.7288 E-mail eiydrh@aottom Agenda Item No.: 3-E Mtg. Date: 02/03/97 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT REGARDING GRADING CONFIRMATION AND ADMINISTRATIVE MODIFICATION PROCESS. DATE: FEBRUARY 3, 1997 BACKGROUND At the regular City Council meeting held Monday, January 27, 1997, Councilmember Tom Heinsheimer requested that this item be presented at this evening's meeting. Grading Confirmation Process Currently, the County of Los Angeles provides grading inspection and plan check services to the City of Rolling Hills through a contract. The County of Los Angeles serves as the City's Building and Safety Inspector in this capacity. A grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Authority for this permit requirement is provided under Rolling Hills Municipal Code Section 15.04.120 (attached). According to Los Angeles County District Engineer Lata Thakar, 85% of the grading permit applications in the City of Rolling Hills are handled through the Los Angeles County office in Alhambra. In cases where grading is proposed on an undeveloped lot, the site is visited by the Los Angeles County Geologist from Alhambra prior to the issuance of a grading permit. If, however, the grading is proposed on a developed lot, an inspection is normally not conducted by the County Geologist. The remaining 15% of grading permits generally involve minor requests which are handled through the local County offices in Lomita. l -1- Following issuance of the grading permit, major deviations from the approved grading plan are reported to the County through the normal building inspection process handled by the local inspector out of the Lomita office. In all of the inspection procedures, the plans submitted by the engineer for the project weigh heavily in the determination of the appropriateness of the grading. All plans are required to be stamped and certified by a certified civil engineer as accurate and correct. From time to time, staff is alerted to alleged violations of approved soil import/export conditions on specific lots. Staff has implemented the following changes to our procedures to help alleviate this activity in the future. First, we have modified the presentation of our staff reports to include a separate paragraph identifying whether a basement is included in a proposed development. The City does not generally regulate basements, however, they are regulated by the County for safety purposes. Our site plan review application contains a question as to whether a basement is proposed in conjunction with a specific development. However, even when that application is submitted indicating that a basement is not proposed, oftentimes when the building plan is submitted to the County for plan check, it contains a basement. This results in excess soil which, if it cannot be balanced on the site becomes available for exportation. It is our hope that adding a declaration to each staff report that a basement is or is not proposed, that handling of any excess soil on site can be addressed during the Planning Commission public hearing process. Second, we have significantly changed our procedures for the administrative approval of the export or import of soil authorized under Sections 15.04.150 and 15.04.170 of the Rolling Hills Municipal Code. Highlights of these changes include the requirement that a certified engineer must submit this request and that the County will conduct a pre-import/export inspection, a during construction import/export inspection and a post import/export inspection. Correspondence to area engineers and graders regarding this new procedure is included with this staff report. Third, we are finalizing our Planning Department property profile system which will eventually enhance the application process and add another level of detailed information that will be considered by the Planning Commission. We anticipate that we will have a demonstration ready for this system in early March. Administrative Modifications to Development Section 15.04.150 of the Rolling Hills Municipal Code prohibits the export or import of soil to or from any lot in the City. Additionally, that Section requires that grading plans shall only be approved for grading that is balanced on the site. Paragraph (3) of -2- that Section allows the City Manager to grant an exception to the requirements of the import/export or balanced cut and fill requirements under specified conditions. These conditions include that construction of a structure on the lot or parcel has commenced, that the need to import or export the soil could not have been foreseen prior to commencement of construction, and, 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. Additionally, Section 17.16.230 of the Municipal Code entitled "Balanced Grading Required", establishes the prohibition of export or import of materials in connection with any grading performed in the City. Under Section 17.46.070 of the Municipal Code entitled "Subsequent Modifications", the City Manager has the authority to review and act upon minor modifications to development projects. The Planning Commission reserves the .right to review and act upon major modifications. Under Paragraph (C) of that Section, evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. Traditionally, minor modifications usually involve minor additional structures to an approved project in an area that was not considered the subject of contention during the original site plan application. Minor modifications are determined by the nature of the amendment and how that portion of the project was received at the Planning Commission level. In all of the cases, either a stamped City approval on a request for the minor amendment by the applicant or a formal letter of approval for the amendment is included in the case file for that particular property. Reasons that administrative modifications are granted include: • A modification at the request of the applicant which does not drastically change the scope of the project. • A modification at the request of adjoining property owners to settle matters of differences. RECOMMENDATION It would be in order for members of the Rolling Hills City Council and Planning Commission to consider this report and provide appropriate direction to staff. The City Council may wish to consider if they would like staff to return with a report with recommendations on how to improve the grading inspection/site plan analysis procedures. CRN:mlk grading sta -3- 15.04.120 Section 3306.1 amended. Section 3306.1 of the Building Code is amended to read: Section 3306.1: 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: (8) 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 exca- vation 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. (Ord. 257-U §1(part), 1995). JooY M PON Maya e. ALLEN uY Mayor pro rem THOW S F. I EINSN£IMER Camirentity FRANKEHILL aulamentef OO PEiiNELL. O.O.S. Cour cRnembe► December 6, 1996 Coy Jiiit INCORPORAT&O JANUARY 24, 11$7 SENT TO. ATTACHED LIST NO. 2 PORTUGUESE SENO ROAD ROLLING HILLS.,CALIF. 10214 13101377.1121 FAX qto! 311.72111 E•m.R atyormvea.cam Sections 15.04.150 through 15.04.180 of the Rolling Hills Municipal Code provide the conditions and authority for the importation or exportation of soil to and from a development site following the commencement of construction. This provision was added to the Rolling Hills Municipal Code in 1991. From time to time, the City receives complaints that importation or exportation of soil may have exceeded the quantity of soil permitted. We have handled these complaints on a case -by -case basis and have worked with the professionals in charge of the developments on these sites. This process has not proved to be completely effective. It has come to our attention that too often the permitted level of importation or exportation is exceeded without the knowledge of the City. It seems that the vast majority of soil exportation occurs on projects where a basement is added to a residential development after approvals have been granted by the Planning Commission. Although the City does not generally regulate basements beyond building safety, the movement of soil to and from properties is a genuine concern to the City. The addition of a basement on a previously balanced cut and fill project may lead to the availability of soil which then may result in the importation of soil to another property in the community. The Site Plan Review Application already contains a question for the applicant to identify whether or not a basement is proposed for a residential development project. Page 2 • Therefore, in order to maintain the integrity of the process and in fairness to all parties, we are implementing the following changes for consideration of importation or exportation of soil on development projects. Effective immediately, basement soil cuts shall be included in all balanced cut and fill ratios when any application is submitted. Additionally, a separate paragraph wiU be included in staff reports presented to the Planning Commission identifying whether the pphcant has declared that a basement will or will not_ a part o t e Mc. For importation or exportation of soil following commencement of construction, effective immediately, written requests will only be considered by the City when homey are submitted by a certified civil engineer on engineering company letterhead. The letter must contain the information required under the Municipal Code (attached). When this letter is presented, the County will conduct (1) a pre -soil importation/exportation inspection on all affected properties, (2) inspection during the actual transfer of soil, and (3) a follow-up inspection upon completion of the soil transfer. At that point, a signed letter by the certified civil engineer will be required and must state the quantity of soil that was actually exchanged. Quantity of soil per truck, and number of truck trips information must also be included. Failure to comply with these provisions will result in a stop work order. We understand that from time to time, conditions in the field warrant the importation or exportation of soil. However, when it is anticipated that the export or import exceeds the specifically authorized quantity or 500 cubic yards maximum,. it is imperative that City staff be contacted immediately to address the situation. Provisions to seek a Variance exist in the Municipal Code or remedies are available at the staff level to address these situations. Additionally, should the County of Los Angeles require soil importation or exportation to satisfy safety issues, you must contact City staff immediately so that we can become involved in this process as early as possible. Disregard of these provisions cannot be tolerated. Should these provisions be violated, staff will have no choice, but to forward violations to the office of the District Attorney. We appreciate your cooperation and look forward to maintaining the orderly development of properties in this community. We hope to work with you to assist you in completing your paperwork, but ask that accurate information be provided at all stages of the development process. Page 3 Should you wish to discuss any of this further, you are urged to contact this office at your convenience. As always, our City Hall office doors remain open and we are willing to discuss any aspects of this situation that you deem necessary. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk sw li m po rt/c r port.l2 ►s cc City Council City Attorney Planning Commission RHCA Board of Directors Peggy Minor, RHCA Manager RHCA Architectural Committee Lola Ungar, Principal Planner Lata Thakar, District Engineer Rafael Bernal, Building Inspector Ed Acosta, Building Inspector Mr Gar s7,.. E41•.4 Cif Ka11aI Aa.oci.rS. MA & Aawtio% 23721)I..lkr . tlna Tana. CA 10603 Mr. Ton Mcsar. Tasd Drrsop.erl 1.c 4219 C1.Ae.ag.i Ara Lon Durk CA 901102 Mr. Mau N. folio. Bohr. ficrearift Ccnor)6o. 2603 Coal L i Road Ra.Oro r.ks Vades. CA 90271 Mr Demi Akre D.k.. Ctr.wir. Anociob 17623 G.reA . eht Toluca. CA 90505 Mr Doss Mc11ads SoibMrfAprari4 301 T.p. Aar Prior Verdes %wet. CA 90274 Me Gap %way Aiclret MArss ewe Irks tiaras 6.rl CA 90274 Mr. Nip L B.t)o.r. fa•ad Cato. *c a Aa.avra MA it Auociar. 27771 Ha.mor.e 40.0. Tartvo.. CA 90307 W. Areal l.twua 1%7 Wand Si. Rartdr0 Palos Verdi. CA ►4 Rari.i R. Wd folio. fiiinaasaS Cow n6o. 260) Coral 11.49e Ro.d Ra.dro Nat V ads, CA 90271 Mr. Cris& Cn rdego. Gin Carderso. Arch.ct INC 1. biro A+t . Sis 24) Radmdo Si ark CA 90050 Mr. Row More Rd.ra 11ort>t Mamas 26360 %us& Del A. Sr 200 Torr..c5, CA 90301 w owa run* P.O w.7U4 LRtwa Merl. CA 92607 Mr. Tiow n Mai aai ad Anacists' 27R3 Perak Corsi Hip.ar Tanrtat. CA 90706 17.,i4 MINA Dre.rol. t)►ci G'i`hrerinI. lac. 1152 Loom et.l La.•iti. CA 90717 Mr Lewd U. Rr)ard Lrrdi t Awe quori 2)00 AMpors Can. Sri 200 To.s.a.CA 90601 Mr Lase Ro6.rw. Ra6..ror Noel Ardwrre 20)60 hsu Del Asa Ss&. 700 Ta.ar.e. CA 90301 .15.04.130 ction 7015.4 amended. Lon 7015 of •the Build n, .ode, entitled •Excavation_,' __ amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site. 3. The City Manageri may grant an exception to the 'requirements of parts l and 2 of this paragraph (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U §1(part), 1995). 173 (Rolling Hills 5/96) 15....160--15.04.170 15.04.160 Subsection 7016.3 amended. Subsection 7016.3 of Section 7016rof the Building Code, entitled 'Fill Slope,' is amended to 7016.3 FILL SLOPE. Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') feet, unless the owner receives a variance for a steeper or higher vertical height fill slope from the Planning Commis- .sion of the City of Rolling Hills, pursuant to the provisions of Title 17 of the Municipal Code of the City. In applying for a variance to the provisions of this paragraph, the owner shall submit soil test data and engineering calculations and shall provide in writing any specific safety and/or stability problems on the property that presently exist or may exist if the requested variance is granted and the proposed grading plans are approved. (Ord. 257-U §1(part), 1995). 15.04.170 Subsection 7016.9 added. Subsection 7016 of the Building Code, entitled 'Fills,' is amended to add a new 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 (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U S1(part), 1995). 174 (Rolling Hills 5/96) 15.04.180--15.08.010 15.04.180 Violations and penalties. A. It is un- lawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or per- form any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of the. Building Code. B. Penalty. Any person, firm or corporation violat- ing any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of, not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 257-U S1(part), 1995). 17.16.230 Balanced grading required. Per the re- quirements of the City's Building Code (Title 15 of the Municipal Code), no export of cut materials nor import of fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. (Ord. 239 §11(part), 1993). 17.46.070 Subseauent modification. A. After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Man- ager or the Planning Commission. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manag- er shall establish criteria for minor and major modifica- tions. B. Any property owner, or his designated representa- tive, seeking to modify an approved site plan review shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifica- tions are considered minor modifications or major modifica- tions. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new pro- ject. As such; a new application for Site Plan Review shall be required, and the application shall be reviewed as provided for in this chapter. (Ord. 239 §11(part), 1993). City eja e/in9 JUL INCORPORATED JANUARY 24, 1957 JODY MURDOCK Mayor B. ALLEN LAY Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember GODFREY PERNELL, D.D.S. Councilmember March 24, 1997 Ms. Lata Thakar, District Engineer Los Angeles County Department of Building and Safety 24320 Narbonne Ave. Lomita, CA 90717 SUBJECT: GRADING CONFIRMATION PROCESS Dear Ms. Thakar: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com Attached is a staff report that was recommended for approval by the Planning Commission at their meeting on Tuesday, March 18, 1997. During deliberation, the process of grading plan amendments at the County level was discussed. Please remind your colleagues in Alhambra and at your local office that if grading plans deviate from the approved plan of the City, City staff needs to be alerted immediately. It is our hope that we can discuss the rationale for any amendments with the County and the applicant and initiate the appropriate approval process in a timely manner. As in recent cases, major deviations would require Planning Commission approval. Minor changes will be handled at the City staff level. Should you wish to discuss this further, please do not hesitate to call. Sincerely, 5'‘114 Craig R. Nealis City Manager CRN:mlk 03/20/97thakar.ltr cc: Lola Ungar, Principal Planner ®Printed on Recycled Paper. 941l o` Allin, INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377-7288 E-mait cityofrh@eol.com Agenda Item No.: 9-D Mtg. Date: , 03/18/97 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT AND RECOMMENDATION REGARDING IMPROVEMENTS TO THE GRADING CONFIRMATION PROCESS. DATE: MARCH 18, 1997 BACKGROUND At the joint meeting of the City Council and Planning Commission held on Monday, February 3rd, a report was presented regarding the grading confirmation process. At that time, staff was directed to return to the Planning Commission with recommendations on how to improve the grading inspection/site plan analysis procedures. A copy of that staff report is attached for your information. As indicated in that report,,a grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Currently, the grading plan inspection services are provided through the County of Los Angeles. Eight -five percent (85%) of the grading permit applications are handled through the Los Angeles County office in Alhambra. The remaining fifteen percent (15%) are handled through the County Lomita office. Currently, if a grading plan does not involve the construction of a new structure, a visit to the actual site is not conducted by the County soils and geology engineer. In most cases, involving minor grading, this probably does not present an issue. In cases where a new structure is proposed, the County soils and geology personnel inspect the site. In either case, recommendations/amendments from the County are provided to the grading contractor/engineer. Therefore, the situation can arise where the grading plan that was presented to the Planning Commission must be amended to meet either safety standards imposed by the County and/or address soils conditions that have been identified in the soils and -1- Pnnted on Recycled Papery engineering report. This report is the responsibility of the applicant and is required by the County. This can result in a significant change to the grading plan that was considered by the Planning Commission. Currently, these deviations are resolved through staff approval of the revised grading plan (Minor modification RHMC 17.46.070 A,B,C) or a reapplication before the Planning Commission (Major modification RHMC 17.46.070 A,D). The County relies heavily on the civil engineer's stamped plan that is submitted by the engineer for a particular project. Specifically, Section 7020.5 of the 1994 Uniform Building Code requires the field engineer, soils engineer or engineering geologist to notify the building official in writing of non-conformance with an approved grading plan. However, history has show us that often times these corrections take place without the County or the City being advised of the need to amend the grading plan. Goal of Proposed Grading Plan Check Modifications The goal of modifying the grading plan check procedures for the City of Rolling Hills is quite simple. It is staff's desire to have the Planning Commission review, as closely as possible, what represents the actual proposed grading activity in the field when they are considering plans during the public hearing process. We recognize, however, that there may be deviations based upon actual field conditions which cannot be handled until they are actually encountered in the field. Our second goal is to have the grading plan in the most final status when it is reviewed by the Planning Commission which will minimize the likelihood of as - graded conditions beyond the original scope of approval being presented to the Planning Commission is an "as -graded" modification fashion. Proposed Modifications As stated earlier, the County reviews not only the grading plan but the soils and geology reports required for the grading permit following approval of the project by the Planning Commission. Staff proposes to implement the following which can be implemented by staff on a discretionary basis depending upon the quantity, location, or sensitivity of the graded area. Discretionary implementation of these procedures would be as follows: Step 1: Upon reviewing an initial plan being submitted for Planning Commission review, staff will have the discretion to request that the County soils engineering geology personnel review that plan to determine its probable feasibility as presented on the grading plan itself. This would serve as an administrative review of the plan by the County. Step 2: If it is felt that the grading represents activity that is more sensitive, staff will require the County to conduct a field inspection of the proposed site and -2- grading plan beyond the administrative review (Step 1). This will be conducted during normal working hours and will involve staff, the applicant and the County. Step 3: If the grading plan appears to be highly sensitive, staff will require the applicant to prepare the soils and geology reports to be submitted and evaluated by the County prior to submission of the case to the Planning Commission. It is our hope that implementing one or more of these steps will enable the Planning Commission to review a grading plan that has been evaluated in terms of its feasibility in the field. It is also felt that staff currently has the discretion to require this information of applicants. However, this represents a change in the way we currently conduct business and it is hoped that presentation of this information to the Planning Commission will assist staff in implementing these new procedures. Costs For This Increased Service Currently, the County already charges the City and the applicant for review of a soils and geology report in conjunction with a grading permit. These costs will not change. However, office review of grading plans (Step 1) are estimated to take approximately 2-4 hours at the County office at $56.00 per hour. Therefore, the cost for the office review is estimated to be $112.00-224.00 per project. If staff initiates the second level (Step 2) and requires a field visit by the County personnel, that cost is estimated to be an additional $280.00 per project. Therefore, approximate costs associated with a field review prior to Planning Commission review will be $329.00-504.00. Presently, staff is not proposing to amend the fees associated with the site plan review process to cover any of these costs. It is recommended that we embark on these new review procedures and review any amendments to our fee schedule in the future as appropriate. It is not staff's desire to create unnecessary delays for applications. That is primarily why we have recommended that staff have the discretion to implement Step 1, 2 or 3 depending upon the scope and nature of the project. According to the County of Los Angeles, it is estimated that the office review of the grading plan will take approximately 5 days. To complete a field review with the office review, will take just a few days longer. Clearly, if we require an applicant to prepare the soils and geology reports prior to submission to the Planning Commission, delays will result. However, it should be understood that the preparation of a soils and geology report is already required by an applicant. However, this is normally completed following Planning Commission approval for a project. -3- Summary It cannot be over -emphasized that it is staff's goal to present to the Planning Commission the most accurate grading plan as possible. It is hoped that these added procedures will assist applicants with presenting a more detailed grading plan so there are fewer amendments following actual approval. RECOMMENDATION It is recommended that members of the Planning Commission consider these recommendations and provide a recommendation to the City Council. CRN:mlk gradconfproc.sta -4- ly olleollinF 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.: 3-E Mtg. Date: 02103/97 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT REGARDING GRADING CONFIRMATION AND ADMINISTRATIVE MODIFICATION PROCESS. DATE: FEBRUARY 3, 1997 BACKGROUND At the regular City Council meeting held Monday, January 27, 1997, Councilmember Tom Heinsheimer requested that this item be presented at this evening's meeting. Grading Confirmation Process Currently, the County of Los Angeles provides grading inspection and plan check services to the City of Rolling Hills through a contract. The County of Los Angeles serves as the City's Building and Safety Inspector in this capacity. A grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Authority for this permit requirement is provided under Rolling Hills Municipal Code Section 15.04.120 (attached). According to Los Angeles County District Engineer Lata Thakar, 85% of the grading permit applications in the City of Rolling Hills are handled through the Los Angeles County office in Alhambra. In cases where grading is proposed on an undeveloped lot, the site is visited by the Los Angeles County Geologist from Alhambra prior to the issuance of a grading permit. If, however, the grading is proposed on a developed lot, an inspection is normally not conducted by the County Geologist. The remaining 15% of grading permits generally involve minor requests which are handled through the local County offices in Lomita. Pnnted on Recycled Pyoc..r Following issuance of the grading permit, major deviations from the approved grading plan are reported to the County through the normal building inspection process handled by the local inspector out of the Lomita office. In all of the inspection procedures, the plans submitted by the engineer for the project weigh heavily in the determination of the appropriateness of the grading. All plans are required to be stamped and certified by a certified civil engineer as accurate and correct. From time to time, staff is alerted to alleged violations of approved soil import/export conditions on specific lots. Staff has implemented the following changes to our procedures to help alleviate this activity in the future. First, we have modified the presentation of our staff reports to include a separate paragraph identifying whether a basement is included in a proposed development. The City does not generally regulate basements, however, they are regulated by the County for safety purposes. Our site plan review application contains a question as to whether a basement is proposed in conjunction with a specific development. However, even when that application is submitted indicating that a basement is not proposed, oftentimes when the building plan is submitted to the County for plan check, it contains a basement. This results in excess soil which, if it cannot be balanced on the site becomes available for exportation. It is our hope that adding a declaration to each staff report that a basement is or is not proposed, that handling of any excess soil on site can be addressed during the Planning Commission public hearing process. Second, we have significantly changed our procedures for the administrative approval of the export or import of soil authorized under Sections 15.04.150 and 15.04.170 of the Rolling Hills Municipal Code. Highlights of these changes include the requirement that a certified engineer must submit this request and that the County will conduct a pre-import/export inspection, a during construction import/export inspection and a post import/export inspection. Correspondence to area engineers and graders regarding this new procedure is included with this staff report. Third, we are finalizing our Planning Department property profile system which will eventually enhance the application process and add another level of detailed information that will be considered by the Planning Commission. We anticipate that we will have a demonstration ready for this system in early March. Administrative Modifications to Development Section 15.04.150 of the Rolling Hills Municipal Code prohibits the export or import of soil to or from any lot in the City. Additionally, that Section requires that grading plans shall only be approved for grading that is balanced on the site. Paragraph (3) of -2- that Section allows the City Manager to grant an exception to the requirements of the import/export or balanced cut and fill requirements under specified conditions. These conditions include that construction of a structure on the lot or parcel has commenced, that the need to import or export the soil could not have been foreseen prior to commencement of construction, and, 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. Additionally, Section 17.16.230 of the Municipal Code entitled "Balanced Grading Required", establishes the prohibition of export or import of materials in connection with any grading performed in the City. Under Section 17.46.070 of the Municipal Code entitled "Subsequent Modifications", the City Manager has the authority to review and act upon minor modifications to development projects. The Planning Commission reserves the right to review and act upon major modifications. Under Paragraph (C) of that Section, evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. Traditionally, minor modifications usually involve minor additional structures to an approved project in an area that was not considered the subject of contention during the original site plan application. Minor modifications are determined by the nature of the amendment and how that portion of the project was received at the Planning Commission level. In all of the cases, either a stamped City approval on a request for the minor amendment by the applicant or a formal letter of approval for the amendment is included in the case file for that particular property. Reasons that administrative modifications are granted include: • A modification at the request of the applicant which does not drastically change the scope of the project. • A modification at the request of adjoining property owners to settle matters of differences. RECOMMENDATION It would be in order for members of the Rolling Hills City Council and Planning Commission to consider this report and provide appropriate direction to staff. The City Council may wish to consider if they would like staff to return with a report with recommendations on how to improve the grading inspection/site plan analysis procedures. CRN:mlk grading.sta -3- 15.04.120 Section 3306.1 amended. Section 3306.1 of the Building Code is amended to read: Section 3306.1: 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: (8) 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 exca- vation 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. (Ord. 257-U §1(part), 1995). JOOY MURDOCK Mayor B. ALLEN LAY Mayor Pro Tem THOMAS F. HEINSHEIMER Councinember FRAMs E. HILL Coir>ciriember GODFREY PERNELL. D.D.S. Caroc/member December 6, 1996 Coy P.M" JUL INCORPORATED JANUARY 24, 1937 SENT TO ATTACHED LIST NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90214 (310 377.1621 FAX (310) 377.7288 E•mait cltyotrn®aolcom Sections 15.04.150 through 15.04.180 of the Rolling Hills Municipal Code provide the conditions and authority for the importation or exportation of soil to and from a development site following the commencement of construction. This provision was added to the Rolling Hills Municipal Code in 1991. From time to time, the City receives complaints that importation or exportation of soil may have exceeded the quantity of soil permitted. We have handled these complaints on a case -by -case basis and have worked with the professionals in charge of the developments on these sites. This process has not proved to be completely effective. It has come to our attention that too often the permitted level of importation or exportation is exceeded without the knowledge of the City. It seems that the vast majority of soil exportation occurs on projects where a basement is added to a residential development after approvals have been granted by the Planning Commission. Although the City does not generally regulate basements beyond building safety, the movement of soil to and from properties is a genuine concern to the City. The addition of a basement on a previously balanced cut and fill project may lead to the availability of soil which then may result in the importation of soil to another property in the community. The Site Plan Review Application already contains a question. for the applicant to identify whether or not a basement is proposed for a residential development project. co Page 2 Therefore, in order to maintain the integrity of the process and in fairness to all parties, we are implementing the following changes for consideration of importation or exportation of soil on development projects. Effective immediately, kasement soil cuts shall be included in all balanced cut and fill ratios when any application is submitted. Additionally, a separate paragraph will be included in staff reports presented to the Planning Commission identifying whether the applicant has declared that a basement will or will not be a part of the project. For importation or exportation of soil following commencement of construction, effective immediately, written requests will only be considered by the City when they are submitted by a certified civil engineer on engineering company letterhead. The letter must contain the information required under the Municipal Code (attached). When this letter is .presented, the County will conduct (1) a pre -soil importation/exportation inspection on all affected properties, (2) inspection during the actual transfer of soil, and (3) a follow-up inspection upon completion of the soil transfer. At that point, a signed letter by the certified civil engineer will be required and must state the quantity of soil that was actually exchanged. Quantity of soil per truck, and number of truck trips information must also be included. Failure to comply with these provisions will result in a stop work order. We understand that from time to time, conditions in the field warrant the importation or exportation of soil. However, when it is anticipated that the export or import exceeds the specifically authorized quantity or 500 cubic yards maximum, it is imperative that City staff be contacted immediately to address the situation. Provisions to seek a Variance exist in the Municipal Code or remedies are available at the staff level to address these situations. Additionally, should the County of Los Angeles require soil importation or exportation to satisfy safety issues, you must contact City staff immediately so that we can become involved in this process as early as possible. Disregard of these provisions cannot be tolerated. Should these provisions be violated, staff will have no choice, but to forward violations to the office of the District Attorney. We appreciate your cooperation and look forward to maintaining the orderly development of properties in this community. We hope to work with you to assist you in completing your paperwork, but ask that accurate information be provided at all stages of the development process. QD. Page 3 Should you wish to discuss any of this further, you are urged to contact this office at your convenience. As always, our City Hall office doors remain open and we are willing to discuss any aspects of this situation that you deem necessary. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk soi li mpo rdtrpo►t.lt rs cc City Council City Attorney Planning Commission RHCA Board of Directors Peggy Minor, RHCA Manager RHCA Architectural Committee Lola Ungar, Principal Planner Lata Thakar, District Engineer Rafael Bernal, Building Inspector Ed Acosta, Building Inspector Mr. George Pon Wined Cara Beal Associates, MA t Maxims 2372714swdwes awl Tonasoo. CA 90505 Mr. To. Montague Tomd Dusaspnewt. la. 4219 Clarlasape Ave. Lang Beach CA 90801 Mt. Rau N. Bohai Bottom Ealrteenal Capoesuon 2603 Coral Ridge Road Rondo Palo Verdes, CA 90275 Me. Darryl Micas ak.. Gwnwisa Associates 17625 CeenaMw *hd Torrance. CA 90504 Mt. Doll McHusia Senna Bay Ew4.eena/ 304 Type Ham Palos . Verde Eames, CA 90274 Mr George Sauey Me.un 3 Matta Cow Palos Verde Esuae, CA 90274 Mr. Nap R. Bathoum Edward Carsot Beau Auc uses, AIA £ Associates 2727 Hawthorne Blvd. Tornna. CA 90505 Mt. Amdtony Intones 1967 Upland Si. Rondo Palos Verdes, CA Ms. Karim 11 Bird Bolan En4ineeriss Corporation 260! Coral Ridge Road Rancho Pala Vudes, CA 90275 Mr. Criss Gunderson Clio Gunderson Archness 1640 S Elena Ave . Se 203 Redondo Buck CA 90040 Ms. Rope North Robotics North Architects 26360 Plus Del A. Sae. 200 Tanana, CA 90501 Mr. Duna Phillip P.O. Boa 7134 Vgues Niguel, CA 92607 Mr. Torus Blair Blai and Associates 2785 Pacific Coast Highway Torrance, CA 90505 Me. David Beeiooli Brci'ola Da[i Enlinurirq, Inc. 1152 Lomita Wed. Loaut., CA 90717 Mr. Richard Linde Richard Linde & Associties 2200 Amapola Cant. Ste. 200 Tanana. CA 90501 Mr. Lamas Robinson Robeson North Architects 26360 tau Del Arno. Ste 200 Torrance, CA 90501 15.04.1$41Fection 7015.4 amended. --tion 7015 of the-Bu[1difl e, entitled •Excavation,_, s amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site. 3. The City Manager may grant an exception to the 'requirements of parts 1 and 2 of this paragraph (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U §1(part), 1995). 173 (Rolling Hills 5/96) 15....160--15.04.170 15.04.160 Subsection 7016.3 amended. Subsection 7016.3 of Section 7016 of the Building Code, entitled 'Fill Slope,' is amended to read: 7016.3 FILL SLOPE. Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') feet, unless the owner receives a variance for a steeper or higher vertical height fill slope from the Planning Commis- ,sion of the City of Rolling Hills, pursuant to the provisions of Title 17 of the Municipal Code of the City. In applying for a variance to the provisions of this paragraph, the owner shall submit soil test data and engineering calculations and shall provide in writing any specific safety and/or stability problems on the property that presently exist or may exist if the requested variance is granted and the proposed grading plans are approved. (Ord. 257-U §1(part), 1995). 15.04.170 Subsection 7016.9 added. Subsection 7016 of the Building Code, entitled 'Fills,' is amended to add a new 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 (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U §1(part), 1995). 174 (Rolling Hills 5/96) 15.04.180--15.08.010 15.04.180 Violations and penalties. A. It is un- lawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or per- form any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of the. Building Code. B. Penalty. Any person, firm or corporation violat- ing any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of, not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 257-U §1(part), 1995). 17.16.230 Balanced grading required. Per the re- quirements of the City's Building Code (Title 15 of the Municipal Code), no export of cut materials nor import of fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. (Ord. 239 §11(part), 1993). 17.46.070 Subseauent modification. A. After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Man- ager or the Planning Commission. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manag- er shall establish criteria for minor and major modifica- tions. B. Any property owner, or his designated representa- tive, seeking to modify an approved site plan review shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifica- tions are considered minor modifications or major modifica- tions. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new pro- ject. As such, a new application for Site Plan Review shall be required, and the application shall be reviewed as provided for in this chapter. (Ord. 239 §11(part), 1993). Ciiy oneolling -WSJ 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.: 9-D Mtg. Date: 03/18/97 TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT AND RECOMMENDATION REGARDING IMPROVEMENTS TO THE GRADING CONFIRMATION PROCESS. DATE: MARCH 18, 1997 BACKGROUND At the joint meeting of the City Council and Planning Commission held on Monday, February 3rd, a report was presented regarding the grading confirmation process. At that time, staff was directed to return to the Planning Commission with recommendations on how to improve the grading inspection/site plan analysis procedures. A copy of that staff report is attached for your information. As indicated in that report, a grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Currently, the grading plan inspection services are provided through the County of Los Angeles. Eight -five percent (85%) of the grading permit applications are handled through the Los Angeles County office in Alhambra. The remaining fifteen percent (15%) are handled through the County Lomita office. Currently, if a grading plan does not involve the construction of a new structure, a visit to the actual site is not conducted by the County soils and geology engineer. In most cases, involving minor grading, this probably does not present an issue. In cases where a new structure is proposed, the County soils and geology personnel inspect the site. In either case, recommendations/amendments from the County are provided to the grading contractor/engineer. Therefore, the situation can arise where the grading plan that was presented to the Planning Commission must be amended to meet either safety standards imposed by the County and/or address soils conditions that have been identified in the soils and -1- Printed on Recycled Pancr engineering report. This report is the responsibility of the applicant and is required by the County. This can result in a significant change .to the grading plan that was considered by the Planning Commission. Currently, these deviations are resolved through staff approval of the revised grading plan (Minor modification RHMC 17.46.070 A,B,C) or a reapplication before the Planning Commission (Major modification RHMC 17.46.070 A,D). The County relies heavily on the civil engineer's stamped plan that is submitted by the engineer for a particular project. Specifically, Section 7020.5 of the 1994 Uniform Building Code requires the field engineer, soils engineer or engineering geologist to notify the building official in writing of non-conformance with an approved grading plan. However, history has show us that often times these corrections take place without the County or the City being advised of the need to amend the grading plan. Goal of Proposed Grading Plan Check Modifications The goal of modifying the grading plan check procedures for the City of Rolling Hills is quite simple. It is staff's desire to have the Planning Commission review, as closely as possible, what represents the actual proposed grading activity in the field when they are considering plans during the public hearing process. We recognize, however, that there may be deviations based upon actual field conditions which cannot be handled until they are actually encountered in the field. Our second goal is to have the grading plan in the most final status when it is reviewed by the Planning Commission which will minimize the likelihood of as - graded conditions beyond the original scope of approval being presented to the Planning Commission is an "as -graded" modification fashion. Proposed Modifications As stated earlier, the County reviews not only the grading plan but the soils and geology reports required for the grading permit following approval of the project by the Planning Commission. Staff proposes to implement the following which can be implemented by staff on a discretionary basis depending upon the quantity, location, or sensitivity of the graded area. Discretionary implementation of these procedures would be as follows: Step 1: Upon reviewing an initial plan being submitted for Planning Commission review, staff will have the discretion to request that the County soils engineering geology personnel review that plan to determine its probable feasibility as presented on the grading plan itself. This would serve as an administrative review of the plan by the County. Step 2: If it is felt that the grading represents activity that is more sensitive, staff will require the County to conduct a field inspection of the proposed site and -2- grading plan beyond the administrative review (Step 1). This will be conducted during normal working hours and will involve staff, the applicant and the County. Step 3: If the grading plan appears to be highly sensitive, staff will require the applicant to prepare the soils and geology reports to be submitted and evaluated by the County prior to submission of the case to the Planning Commission. It is our hope that implementing one or more of these steps will enable the Planning Commission to review a grading plan that has been evaluated in terms of its feasibility in the field. It is also felt that staff currently has the discretion to require this information of applicants. However, this represents a change in the way we currently conduct business and it is hoped that presentation of this information to the Planning Commission will assist staff in implementing these new procedures. Costs For This Increased Service Currently, the County already charges the City and the applicant for review of a soils and geology report in conjunction with a grading permit. These costs will not change. However, office review of grading plans (Step 1) are estimated to take approximately 2-4 hours at the County office at $56.00 per hour. Therefore, the cost for the office review is estimated to be $112.00-224.00 per project. If staff initiates the second level (Step 2) and requires a field visit by the County personnel, that cost is estimated to be an additional $280.00 per project. Therefore, approximate costs associated with a field review prior to Planning Commission review will be $329.00-504.00. Presently, staff is not proposing to amend the fees associated with the site plan review process to cover any of these costs. It is recommended that we embark on these new review procedures and review any amendments to our fee schedule in the future as appropriate. It is not staff's desire to create unnecessary delays for applications. That is primarily why we have recommended that staff have the discretion to implement Step 1, 2 or 3 depending upon the scope and nature of the project. According to the County of Los Angeles, it is estimated that the office review of the grading plan will take approximately 5 days. To complete a field review with the office review, will take just a few days longer. Clearly, if we require an applicant to prepare the soils and geology reports prior to submission to the Planning Commission, delays will result. However, it should be understood that the preparation of a soils and geology report is already required by an applicant. However, this is normally completed following Planning Commission approval for a project. -3- Summary It cannot be over -emphasized that it is staff's goal to present to the Planning Commission the most accurate grading plan as possible. It is hoped that these added procedures will assist applicants with presenting a more detailed grading plan so there are fewer amendments following actual approval. RECOMMENDATION It is recommended that members of the Planning Commission consider these recommendations and provide a recommendation to the City Council. CRN:mlk gradconfproc.sta -4- Cuy 0//2!!.•ns Jd,PP, 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.: 3-E Mtg. Date: 02/03/97 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT REGARDING GRADING CONFIRMATION AND ADMINISTRATIVE MODIFICATION PROCESS. DATE: FEBRUARY 3, 1997 BACKGROUND At the regular City Council meeting held Monday, January 27, 1997, Councilmember Tom Heinsheimer requested that this item be presented at this evening's meeting. Grading Confirmation Process Currently, the County of Los Angeles provides grading inspection and plan check services to the City of Rolling Hills through a contract. The County of Los Angeles serves as the City's Building and Safety Inspector in this capacity. A grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Authority for this permit requirement is provided under Rolling Hills Municipal Code Section 15.04.120 (attached). According to Los Angeles County District Engineer Lata Thakar, 85% of the grading permit applications in the City of Rolling Hills are handled through the Los Angeles County office in Alhambra. In cases where grading is proposed on an undeveloped lot, the site is visited by the Los Angeles County Geologist from Alhambra prior tothe issuance of a grading permit. If, however, the grading is proposed on a developed lot, an inspection is normally not conducted by the County Geologist. The remaining 15% of grading permits generally involve minor requests which are handled through the local County offices in Lomita. ,o Printed on Recycled Paper Following issuance of the grading permit, major deviations from the approved grading plan are reported to the County through the normal building inspection process handled by the local inspector out of the Lomita office. In all of the inspection procedures, the plans submitted by the engineer for the project weigh heavily in the determination of the appropriateness of the grading. All plans are required to be stamped and certified by a certified civil engineer as accurate and correct. From time to time, staff is alerted to alleged violations of approved soil import/export conditions on specific lots. Staff has implemented the following changes to our procedures to help alleviate this activity in the future. First, we have modified the presentation of our staff reports to include a separate paragraph identifying whether a basement is included in a proposed development. The City does not generally regulate basements, however, they are regulated by the County for safety purposes. Our site plan review application contains a question as to whether a basement is proposed in conjunction with a specific development. However, even when that application is submitted indicating that a basement is not proposed, oftentimes when the building plan is submitted to the County for plan check, it contains a basement. This results in excess soil which, if it cannot be balanced on the site becomes available for exportation. It is our hope that adding a declaration to each staff report that a basement is or is not proposed, that handling of any excess soil on site can be addressed during the Planning Commission public hearing process. Second, we have significantly changed our procedures for the administrative approval of the export or import of soil authorized under Sections 15.04.150 and 15.04.170 of the Rolling Hills Municipal Code. Highlights of these changes include the requirement that a certified engineer must submit this request and that the County will conduct a pre-import/export inspection, a during construction import/export inspection and a post import/export inspection. Correspondence to area engineers and graders regarding this new procedure is included with this staff report. Third, we are finalizing our Planning Department property profile system which will eventually enhance the application process and add another level of detailed information that will be considered by the Planning Commission. We anticipate that we will have a demonstration ready for this system in early March. Administrative Modifications to Development Section 15.04.150 of the Rolling Hills Municipal Code prohibits the export or import of soil to or from any lot in the City. Additionally, that Section requires that grading plans shall only be approved for grading that is balanced on the site. Paragraph (3) of -2- that Section allows the City Manager to grant an exception to the requirements of the import/export or balanced cut and fill requirements under specified conditions. These conditions include that construction of a structure on the lot or parcel has commenced, that the need to import or export the soil could not have been foreseen prior to commencement of construction, and, 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. Additionally, Section 17.16.230 of the Municipal Code entitled "Balanced Grading Required", establishes the prohibition of export or import of materials in connection with any grading performed in the City. Under Section 17.46.070 of the Municipal Code entitled "Subsequent Modifications", the City Manager has the authority to review and act upon minor modifications to development projects. The Planning Commission reserves the right to review and act upon major modifications. Under Paragraph (C) of that Section, evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. Traditionally, minor modifications usually involve minor additional structures to an approved project in an area that was not considered the subject of contention during the original site plan application. Minor modifications are determined by the nature of the amendment and how that portion of the project was received at the Planning Commission level. In all of the cases, either a stamped City approval on a request for the minor amendment by the applicant or a formal letter of approval for the amendment is included in the case file for that particular property. Reasons that administrative modifications are granted include: • A modification at the request of the applicant which does not drastically change the scope of the project. • A modification at the request of adjoining property owners to settle matters of differences. RECOMMENDATION It would be in order for members of the Rolling Hills City Council and Planning Commission to consider this report and provide appropriate direction to staff. The City Council may wish to consider if they would like staff to return with a report with recommendations on how to improve the grading inspection/site plan analysis procedures. CRN:mlk grading.sta -3- 15.04.120 Section 3306.1 amended. Section 3306.1 of the Building Code is amended to read: Section 3306.1: 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: (8) 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 exca- vation 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. (Ord. 257-U §1(part), 1995). JOOY MURDOCK Mayor 8. ALLEN LAY Mayor Pro Tern THOMAS F. HEINSHEIMER Councknember FRANK E. HILL Councimember GODFREY PERNELL, O.O.S. Council -neater December 6, 1996 CE o/ /2of/n ._ihl/6 INCORPORATED JANUARY 24, 1957 SENT TO ATTACHED LIST NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90271 (310)377.1521 • FAX: (310) 377.7288 E•mait ciyolrtteao&com Sections 15.04.150 through 15.04.180 of the Rolling Hills Municipal Code provide the conditions and authority for the importation or exportation of soil to and from a development site following the commencement of construction. This provision was added to the Rolling Hills Municipal Code in 1991. From time to time, the City receives complaints that importation or exportation of soil may have exceeded the quantity of soil permitted. We have handled these complaints on a case -by -case basis and have worked with the professionals in charge of the developments on these sites. This process has not proved to be completely effective. It has come to our attention that too often the permitted level of importation or exportation is exceeded without the knowledge of the City. It seems that the vast majority of soil exportation occurs on projects where a basement is added to a residential development after approvals have been granted by the Planning Commission. Although the City does not generally regulate basements beyond building safety, the movement of soil to and from properties is a genuine concern to the City. The addition of a basement on a previously balanced cut and fill 'project may lead to the availability of soil *which then may result in the importation of soil to another property in the community. The Site Plan Review Application already contains a question for the applicant to identify whether or not a basement is proposed for a residential development project. D ® C... ,.., pn Ci... , «• f C'.., w. Page 2 Therefore, in order to maintain the integrity of the process and in fairness to all parties, we are implementing the following changes for consideration of importation or exportation of soil, on development projects. Effective immediately, basement soil cuts shall be included in all balanced cut and fill ratios when any application is submitted. Additionally, a separate paragraph will be included in staff reports presented to the Planning Commission identifying whether the applicant has decla,red that a basement will or willnot be a part of the project. For importation or exportation of soil following commencement of construction, effective immediately, written requests will only be considered by the City when they are submitted by a certified civil engineer on engineering company letterhead. The letter must contain the information required under the Municipal Code (attached). When this letter is presented, the County will conduct (1) a pre -soil importation/exportation inspection on all affected properties, (2) inspection during the actual transfer of soil, and (3) a follow-up inspection upon completion of the soil transfer. At that point, a signed letter by the certified civil engineer will be required and must state the quantity of soil that was actually exchanged. Quantity of soil per truck, and number of truck trips information must also be included. Failure to comply with these provisions will result in a stop work order. We understand that from time to time, conditions in the field warrant the importation or exportation of soil. However, when it is anticipated that the export or import exceeds the specifically authorized quantity or 500 cubic yards maximum,, it is imperative that City staff be contacted immediately to address the situation. Provisions to seek a Variance exist in the Municipal Code or remedies are available at the staff level to address these situations. Additionally, should the County of Los Angeles require soil importation or exportation to satisfy safety issues, you must contact City staff immediately so that we can become involved in this process as early as possible. Disregard of these provisions cannot be tolerated. Should these provisions be violated, staff will have no choice, but to forward violations to the office of the District Attorney. We appreciate your cooperation and look forward to maintaining the orderly development of properties in this community. We hope to work with you to assist you in completing your paperwork, but ask that accurate information be provided at all stages of the development process. Cl Page 3 Should you wish to discuss any of this further, you are urged to contact this office at your convenience. As always, our City Hall office doors remain open and we are willing to discuss any aspects of this situation that you deem necessary. Thank you for your cooperation. Sincerely, Craig R. Nealis City Manager CRN:mlk soilim port/ezport.ltrs cc: City Council City Attorney Planning Commission RHCA Board of Directors. Peggy Minor, RHCA Manager RHCA Architectural Committee Lola Ungar, Principal Planner Lata Thakar, District Engineer Rafael Bernal, Building Inspector Ed Acosta, Building Inspector Mr. George Shaw Edward Canoe Beal Associates, AlA & Associates 23727 Hawthorne Blvd, Torrance, CA 90505 Mr. Tom Montague Tomel De.eopueK Inc. 4219 Cluronagne Ave. Long Beadle CA 90808 Mr. Ross N. Bohai Bolton Engineering Corporation 2603 Coral Ridge Road Rancho Pelts Verdes, CA 90275 Mr. Darryl Dekko Orkin Ceramists Associates 17625 Crenshaw Blvd. Torrance, CA 90504 Mr. Doug McHanw South Bay Eagineering 304 Teem Place Palos Verde Enures, CA 90274 Mr George Sweeny Architect Malay Cow Palos Verdes GUM, CA 90274 Mr. Nap R. Bathoum Edward Carson Beall Associates, A1A & Associates 23727 Hawthorne Blvd. Torrance, CA 90505 Mr. Anthony Inkrrcra 1967 Upland Si. Rancho Peke Verdes, CA Ma Karitta R. Bird Bolton Engineering Corporation 2603 Coral Ridge Road Rancho Palos Verdes, CA 90275 Mr. Criss Gunderson Criss Gunderson Architect IMO S. Elena Ave., Ste 203 Redondo Beach, CA 90040 Mr. Roger North Robinson North Architects 26360 Plus Del Arno, Sr. 200 Torrance, CA 90501 Mr. Dutch Phillips P.O. Boa 7814 Laguna Niguel, CA 92607 Mr. Thomas Blair Blair and Auociata 2785 Pacific Coast Highway Torrance, CA 90505 Mr. David Breihols Brcihots Dui Engineering, Inc. 1852 Lomita Blvd. Leant*, CA 90717 Mr. Rrdnard Linde Richard Linde & Asaociiea 2200 Amapds Court, Ste. 200 Torrance, CA 90501 Mr. Lamar Robinson Robinson North Architects 26360 Plaza Del Arno, Ste X10 Torrance, CA 90501 15.04.151 section 7015.4 amended. tion 7015 of the Build n, :.oae, entitled 'Excavation._, +s amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 2. No.grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site. 3. The City Manager may grant an exception to the 'requirements of parts 1 and 2 of this paragraph (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U §1(part), 1995).. 173 (Rolling Hills 5/96) 15....160--15.04.170 15.04.160 Subsection 7016.3 amended. Subsection 7016.3 of Section 7016 of the Building Code, entitled 'Fill Slope,' is amended to read: 7016.3 FILL SLOPE. Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') feet, unless the owner receives a variance for a steeper or higher vertical height fill slope from the Planning Commis- .sion of the City of Rolling Hills, pursuant to the provisions of Title 17 of the Municipal Code of the City. In applying for a variance to the provisions of this paragraph, the owner shall submit soil test data and engineering calculations and shall provide in writing any specific safety and/or stability problems on the property that presently exist or may exist if the requested variance is granted and the proposed grading plans are approved. (Ord. 257-U §1(part), 1995). 15.04.170 Subsection 7016.9 added. Subsection 7016 of the Building Code, entitled 'Fills,' is amended to add a new 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 (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U §1(part), 1995). 174 (Rolling Hills 5/96) 15.04.180--15.08.010 15.04.180 Violations and penalties. A. It is un- lawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or per- form any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of the. Building Code. B. Penalty. Any person, firm or corporation violat- ing any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of, not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 257-U §l(part), 1995). 17.16.230 Balanced qradinq required. Per the re- quirements of the City's Building Code (Title 15 of the Municipal Code), no export of cut materials nor import of fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. (Ord. 239 §11(part), 1993). 17.46.070 Subseauent modification. A. After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed,, including additions or deletions, may be considered by the City Man- ager or the Planning Commission. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manag- er shall establish criteria for minor and major modifica- tions. B. Any property owner, or his designated representa- tive, seeking to modify an approved site plan review shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifica- tions are considered minor modifications or major modifica- tions. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall.be filed with the original site plan review approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new pro- ject. As such, a new application for Site Plan Review shall be required, and the application shall be reviewed as provided for in this chapter. (Ord. 239 §11(part), 1993). City 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.: 3-E Mtg. Date: 02/03/97 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A REPORT REGARDING GRADING CONFIRMATION AND ADMINISTRATIVE MODIFICATION PROCESS. DATE: FEBRUARY 3, 1997 BACKGROUND At the regular City Council meeting held Monday, January 27, 1997, Councilmember Tom Heinsheimer requested that this item be presented at this evening's meeting. Grading Confirmation Process Currently, the County of Los Angeles provides grading inspection and plan check services to the City of Rolling Hills through a contract. The County of Los Angeles serves as the City's Building and Safety Inspector in this capacity. A grading permit is required when the cut or fill exceeds 3 feet or the disturbance exceeds 2,000 sq. ft. of the existing ground surface. Authority for this permit requirement is provided under Rolling Hills Municipal Code Section 15.04.120 (attached). According to Los Angeles County District Engineer Lata Thakar, 85% of the grading permit applications in the City of Rolling Hills are handled through the Los Angeles County office in Alhambra. In cases where grading is proposed on an undeveloped lot, the site is visited by the Los Angeles County Geologist from Alhambra prior to the issuance of a grading permit. If, however, the grading is proposed on a developed lot, an inspection is normally not conducted by the County Geologist. The remaining 15% of grading permits generally involve minor requests which are handled through the local County offices in Lomita. ,o Printed on Recycled Paper. Following issuance of the grading permit, major deviations from the approved grading plan are reported to the County through the normal building inspection process handled by the local inspector out of the Lomita office. In all of the inspection procedures, the plans submitted by the engineer for the project weigh heavily in the determination of the appropriateness of the grading. All plans are required to be stamped and certified by a certified civil engineer as accurate and correct. From time to time, staff is alerted to alleged violations of approved soil import/export conditions on specific lots. Staff has implemented the following changes to our procedures to help alleviate this activity in the future. First, we have modified the presentation of our staff reports to include a separate paragraph identifying whether a basement is included in a proposed development. The City does not generally regulate basements, however, they are regulated by the County for safety purposes. Our site plan review application contains a question as to whether a basement is proposed in conjunction with a specific development. However, even when that application is submitted indicating that a basement is not proposed, oftentimes when the building plan is submitted to the County for plan check, it contains a basement. This results in excess soil which, if it cannot be balanced on the site becomes available for exportation. It is our hope that adding a declaration to each staff report that a basement is or is not proposed, that handling of any excess soil on site can be addressed during the Planning Commission public hearing process. Second, we have significantly changed our procedures for the administrative approval of the export or import of soil authorized under Sections 15.04.150 and 15.04.170 of the Rolling Hills Municipal Code. Highlights of these changes include the requirement that a certified engineer must submit this request and that the County will conduct a pre-import/export inspection, a during construction import/export inspection and a post import/export inspection. Correspondence to area engineers and graders regarding this new procedure is included with this staff report. Third, we are finalizing our Planning Department property profile system which will eventually enhance the application process and add another level of detailed information that will be considered by the Planning Commission. We anticipate that we will have a demonstration ready for this system in early March. Administrative Modifications to Development Section 15.04.150 of the Rolling Hills Municipal Code prohibits the export or import of soil to or from any lot in the City. Additionally, that Section requires that grading plans shall only be approved for grading that is balanced on the site. Paragraph (3) of -2- that Section allows the City Manager to grant an exception to the requirements of the import/export or balanced cut and fill requirements under specified conditions. These conditions include that construction of a structure on the lot or parcel has commenced, that the need to import or export the soil could not have been foreseen prior to commencement of construction, and, 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. Additionally, Section 17.16.230 of the Municipal Code entitled "Balanced Grading Required", establishes the prohibition of export or import of materials in connection with any grading performed in the City. Under Section 17.46.070 of the Municipal Code entitled "Subsequent Modifications", the City Manager has the authority to review and act upon minor modifications to development projects. The Planning Commission reserves the right to review and act upon major modifications. Under Paragraph (C) of that Section, evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. Traditionally, minor modifications usually involve minor additional structures to an approved project in an area that was not considered the subject of contention during the original site plan application. Minor modifications are determined by the nature of the amendment and how that portion of the project was received at the Planning Commission level. In all of the cases, either a stamped City approval on a request for the minor amendment by the applicant or a formal letter of approval for the amendment is included in the case file for that particular property. Reasons that administrative modifications are granted include: • A modification at the request of the applicant which does not drastically change the scope of the project. • A modification at the request of adjoining property owners to settle matters of differences. RECOMMENDATION It would be in order for members of the Rolling Hills City Council and Planning Commission to consider this report and provide appropriate direction to staff. The City Council may wish to consider if they would like staff to return with a report with recommendations on how to improve the grading inspection/site plan analysis procedures. CRN:mlk grading.sta -3- 15.04.120 Section 3306.1 amended. Section 3306.1 of the Building Code is. amended to read: Section 3306.1: 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: (8) 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 exca- vation 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. (Ord. 257-U §1(part), 1995). JOOY MURDOCK Mayor B. ALLEN LAY Mayor Pro Tem THOMAS F. HEINSHEIMER Councimember FRANK E. HILL Counainember GODFREY PERNELL, D.D.S. Cotncanember December 6, 1996 City 4/4/ling ilia INCORPORATED JANUARY 24, 1957 SENT TO ATTACHED LIST NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90271 (310) 377.1621 FAX (310) 377.7288 E•mait cityofr$@aol.com Sections 15.04.150 through 15.04.180 of the Rolling Hills Municipal Code provide the conditions and authority for the importation or exportation of soil to and from a development site following the commencement of construction. This provision was added to the Rolling Hills Municipal Code in 1991. From time to time, the City receives complaints that importation or exportation of soil may have exceeded the quantity of soil permitted. We have handled these complaints on a case -by -case basis and have worked with the professionals in charge of the developments on these sites. This process has not proved to be completely effective. It has come to our attention that too often the permitted level of importation or exportation is exceeded without the knowledge of the City. It seems that the vast majority of soil exportation occurs on projects where a basement is added to a residential development after approvals have been granted by the Planning Commission. Although the City does not generally regulate basements beyond building safety, the movement of soil to and from properties is a genuine concern to the City. The addition of a basement on a previously balanced cut and fill project may lead to the availability of soil which then may result in the importation of soil to another property in the community. The Site Plan Review Application already contains a question for the applicant to identify whether or not a basement is proposed for a residential development project. D ®P.....1 on Fin, ,. .., P.qw. Page 2 Therefore, in order to maintain the integrity of the process and in fairness to all parties, we are implementing the following changes for consideration of importation or exportation of soil on development projects. Effective immediately, basement soil cuts shall be included in all balanced cut and fill ratios when any application is submitted. Additionally, a separate paragraph will be included in staff reports presented to the Planning Commission identifying whether the applicant has declared that a basement will or will not be a part of the project. For importation or exportation of soil following commencement of construction, effective immediately, written requests will only be considered by the City when they are submitted by a certified civil engineer on engineering company letterhead. The letter must contain the information required under the Municipal Code (attached). When this letter is presented, the County -will conduct (1) a pre -soil importation/exportation inspection on all affected properties, (2) inspection during the actual transfer of soil, and (3) a follow-up inspection upon completion of the soil transfer. At that point, a signed letter by the certified civil engineer will be required and must state the quantity of soil that was actually exchanged. Quantity of soil per truck, and number of truck trips information must also be included. Failureto comply with these provisions will result in a stop work order. We understand that from time to time, conditions in the field warrant the importation or exportation of soil. However, when it is anticipated that the export or import exceeds the specifically authorized quantity or 500 cubic yards maximum, it is imperative that City staff be contacted immediately to address the situation. Provisions to seek a Variance exist in the Municipal Code or remedies are available at the staff level to address these situations. Additionally, should the County of Los Angeles require soil importation or exportation to satisfy safety issues, you must contact City staff immediately so that we can become involved in this process as early as possible. Disregard of these provisions cannot be tolerated. Should these provisions be violated, staff will have no choice, but to forward violations to the office of the District Attorney. We appreciate your cooperation and look forward to maintaining the orderly development of properties in this community. We hope to work with you to assist you in completing your paperwork, but ask that accurate information be provided at all stages of the development process. cc Page 3 Should you wish to discuss any of this further, you are urged to contact this office at your convenience. As always, our City Hall office doors remain open and we are willing to discuss any aspects of this situation that you deem necessary. Thank you for your cooperation. Sincerely, 7A Craig R. Nealis City Manager CRN:mlk soili mportfexpo►t.It rs cc City Council City Attorney Planning Commission RHCA Board of Directors Peggy Minor, RHCA Manager RHCA Architectural Committee Lola Ungar, Principal Planner Lata Thakar, District Engineer Rafael Bernal, Building Inspector Ed Acosta, Building Inspector Mr. George Shaw Edward Carson Bed Associate, AlA & Maxims 23727 Hawthorne Blvd. Tmnroe, CA 90505 Mr. To. Montague Tomel Devaopaess, Inc. 4219 Charlemagne Ave. Lang Beach, CA 90808 Mr. Rae N. Bohos Bolton Engineering Corporation 2603 Conl Ridge Road Rancho Palos Verdes, CA 90275 Mr. Donl Da3cia Dacia Cu..... Associates 17625 Crenshaw Blvd Torture, CA 90504 Mr. Dosg McHattie South Bay Engineering 304 Tern Plant Palos Ve,des Emma, CA 90274 Mr. George Sweeny Architect 3 *gap Cow Palos Verdes GUM, CA 90274 Mr. Nap R. Bakhoum Edward Caron Bull Associates, A1A • A .ociaw 23717 Hawhorn Blvd. Torrance, CA 90505 Mr. Anthony Intern -fa 1967 Upland St. Rancho Pala Verdes, CA Ma. Karin R. Bird Bolton Engineering Corporation 2603 Coral Ridge Road Rancho Pala Verdes, CA 90275 Mr. Criss Gunderson Cries Gunderson Architect 1840 S. Elena Ave., Ste. 203 Redondo Beach, CA 90040 Mr. Roger North Robinson North Architect 26360 Pius Del Amo, Ste. 200 Torrance, CA 90501 Mr. Dutch Phillips P.O. Boa 7834 Laguna Niguel, CA 92607 Mr. Thomas Blair Blair and Associates 2785 Pacific Coast Highway Torrance, CA 90505 Mr. David Breihol: Brcihot Our Engineering, Inc. 1852 Lomita Blvd. Lomita, CA 90717 Mr. Rickard Linde Richard Linde & Associates 2200 Amapola Court, Ste. 200 Torrance, CA 90501 Mr. Lamas Robinson Robins. Plonk Architect 26360 Plus Del Arno, Ste. 200 Torrance, CA 90501 15.0 ;() Section 7015.4 amender Section 7015 of the Building erode, entitled 'Excavatit..._,' is amended to add subsection 7015.4 to read: 7015.4 BALANCED CUT AND FILL RATIO. 1. No export or import of soil shall be permitted from or to any lot in the City. 2. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site. 3. The City Manager may grant an exception to the 'requirements of parts 1 and 2 of this paragraph (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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 importor•export of soil or.that an emergency condition exists due to the threat of land subsidence or other imminent danger. (Ord. 257-U §1(part), 1995). 173 (Rolling Hills 5/96) 15.04.160 Subsection 7016.3 amended. Subsection 7016.3 of Section 7016 of the Building Code, entitled 'Fill Slope,' is amended to read: 7016.3 FILL SLOPE. Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') feet, unless the owner receives.a variance for a steeper or higher vertical height fill slope from the Planning Commis- vsion of the City of Rolling Hills, pursuant to the provisions of Title 17 of the Municipal Code of the City. In applying for a variance to the provisions of this paragraph, the owner shall submit soil test data and engineering calculations and shall provide in writing anyspecific safety and/or stability problems on the property that presently exist or may exist if the requested variance is granted and the proposed grading plans are approved. (Ord. 257-U §1(part), 1995). 15.04.170 Subsection 7016.9 added. Subsection 7016 of the Building Code, entitled 'Fills,' is amended to add a new 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 (d) 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) construc- tion of a structure on the lot or parcel has com- menced, (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. (Ord. 257-U §1(part), 1995). 174 (Rolling Hills 5/96) 15.04.180--15.08.010 15.04.180 Violations and penalties. A. It is un- lawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or per- form any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of the. Building Code. B. Penalty. Any person, firm or corporation violat- ing any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of, not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 257-U §1(part), 1995). 17.16.230 Balanced grading required. Per the re- quirements of the City's Building Code (Title 15 of the Municipal Code), no export of cut materials nor import of fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15. (Ord. 239 §11(part), 1993). 17.46.070 Subseauent modification. A. After a site plan review application has been approved, modification of -the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Man- ager or the Planning Commission. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manag- er shall establish criteria for minor and major modifica- tions. B. Any property owner, or his designated representa- tive, seeking to modify an approved site plan review shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his"designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the. proposed modifica- tions are considered minor modifications or major modifica- tions. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor, modification shall be provided in writing to the property owner and shall be filed with the original site plan review approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered.a new pro- ject. As such, a new application for Site Plan Review shall be required, and the application shall be reviewed as provided for in this chapter. (Ord. 239 §11(part), 1993).