2500 Planning - Export-Import of Soil Forms, also form for Erosion ControlMEMORANDUM
TO: Honorable Mayor and City Council
FROM: Yolanta Schwartz, Planning Director -
THROUGH: Anton Dahlerbruch, City Manager
SUBJECT: Import/ Export of Dirt
DATE: March 11, 2011
Cognizant of several recent "as built" applications resulting from illegal grading, the
Planning Commission has discussed the Municipal Code provision that authorizes the
City Manager to allow the import and export of 500 cubic yards (cy) of dirt upon each
individual requests. Thinking that the administrative process may provide the
opportunity for residents to work around existing rules and regulations, the Planning
Commission questioned whether 500cy is too much for administrative approval.
1 Section 15.04.170
J107.10 BALANCED CUT AND FILL RATIO
4. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this
paragraph to allow for the import or export (other than from excavation activities), 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, as approved, 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.
5. The City Manager or his or her designee 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 an area of
the lot adjacent to structures, fences, corrals and riding rings that has eroded, and of hillside or trail if he or she
finds, based upon written reports and other information submitted, that all of the following conditions are
present:
(a) The project does not require a discretionary review or a grading permit (a cut that is three feet or less, or a
fill that is three feet or less or where the activity covers 2,000 square feet or less of surface area);
and
(b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other
imminent danger
Discussion
In summary of their discussion, the Planning Commission concluded that it supports
staff's discretionary authority with regard to authorizing the import / export of dirt
and, it desires to maintain it at the highest level so residents/property owners are not
unnecessarily burdened with formal approval processes (e.g., Planning Commission
site plan review) when developing their property. However, for the purpose of
evaluating staff's authority to approve up to 500cy of dirt for import / export upon each
request, the Planning Commission distinguished between dirt related to construction
and dirt related to erosion.
With regard to dirt related to construction, the Planning Commission believes that
staff's authority to approve up to 500cy of dirt upon request is appropriate and should
not be changed. Construction projects frequently need to receive or remove large
amounts of dirt unexpectedly when soil conditions could have not been predicted prior
to start of construction.
Regarding dirt necessary to address erosion, the Planning Commission supports the
idea that an administrative threshold should be established that triggers a requirement
that the resident / property owner submit of a professional engineering drainage plan
to correct drainage problems. The Municipal Code currently provides the authority for
such a requirement by allowing staff to obtain "written reports and other information."
The concept supported by the Planning Commission considers that repeat requests for
the import of dirt to address erosion suggests that the erosion problem is not being
solved simply with the application of new dirt. Rather, the dirt is continually being
washed away possibly onto other properties, into a canyon or ultimately into a County
storm drain. Therefore, the concept is to require an engineering study and engineering
solution to the drainage if the repeated placement of dirt fails to address the erosion
problem. The Planning Commission also expressed a desire to not set the
administrative threshold for an engineering study and engineering solution so low that
residents / property owners would be burdened and, in turn, either encouraged or
inclined to illegally import dirt and grade their property for erosion control.
Conclusion
For the City Council's information, staff has created the attached two forms to assist in
the administrative approval process for the import / export of dirt.
As described in the form for the request of dirt to address erosion control, staff intends
to require an engineering study and engineering solution if/when the amount of dirt
requested, when added to the imported dirt in previous years, exceeds a total of 500cy.
No additional administrative requirements will be added relative to requests for
construction related dirt and no code amendment is recommended.
If you have any questions, please advise.
Page 2 of 2
EXPORT/IMPORT OF SOIL FOR EROSION CONTROL
A PROFESSIONALLY PREPARED DRAINAGE PLAN FOR PERMANENT REPAIR SHALL BE REQUIRED IF THE
EROSION IS RE -OCCURRING AND IF/WHEN THE AMOUNT OF DIRT REQUESTED, WHEN ADDED TO THE DIRT
USED IN PREVIOUS YEARS, EXCEEDS A TOTAL OF 500 CU.YDS. (RHMC Sections15.04.130 and 15.04.150)
Property Owner(s)
Address(es)
Phone No(s).
Reason(s) to export/import soil. Has the area eroded previously? Has it been previously corrected with import/export of
dirt?
To your best recollection how many times has the area eroded? When?
How much dirt was imported in the past (total of all events)
PICTURES OF THE ERODED AREA(S): Submitted:
ADDRESS
Where soil is proposed to be moved FROM
ADDRESS
Where soil is to be moved TO
AMOUNT of soil to be moved (cu.yds.): AREA (square feet) to be corrected
WORKING AT THE JOB SITE The City Building Inspector/staff must verify that the area has eroded and the amount of
soil to be moved, followed by an inspection of the repaired area. You must notify City staff should there be deviations or
corrections in the field to modify the approved project. The Rolling Hills Municipal Code requires that all graded areas be
balanced on site and prohibits the export or import of soil to or from any lot in the City or to and from outside the City
unless approved by the City Manager/designee under certain conditions.
SOIL FOR EROSION CONTROL
2011
I understand and agree to abide by these requirements.
Date Owner/Applicant Date Contractor/Applicant's Agent / License No.
Phone:
APPROVED:
DATE CITY MANAGER OR DESIGNEE
CONDITIONS:
SOIL FOR EROSION CONTROL
2011
INSTRUCTIONS FOR REQUEST TO IMPORT/EXPORT DIRT FOR EROSION
CONTROL
(RHMC SECTIONS 15.04.130 and 15.04.150)
• Submit the attached form
• Submit additional sheets if necessary to detail the project
• Submit a plan showing area(s) of erosion
• Submit pictures of area(s) of erosion
• Staff and/or Building Inspector must verify .the amount of dirt requested to be
moved and area(s) of erosion
• If required, submit landscaping plan for the area, once repaired
• Professionally prepared erosion control plan and permanent repair may be required,
if erosion is re -occurring
• If grading is necessary, professionally prepared grading plan must be submitted
• Staff may determine that the request exceeds staff's authority to approve the request
over-the-counter and therefore Planning Commission review may be necessary.
(Planning Commission review is necessary when a cut or fill is greater than 3 feet
or when the activity covers more than 2,000 sq.ft. of surface area)
• Building and Safety Dept. review and permit may be required
SOIL FOR EROSION CONTROL
2011
EXPORT/IMPORT OF SOIL
UP TO 500 C.Y. OF DIRT MAY BE IMPORTED OR EXPORTED FROM A CONSTRUCTION SITE DUE TO SITE
CONDITIONS OR DUE TO UNFORSEEN CIRCUMSTANCES AND ONLY WITH CITY APPROVAL. (RHMC Sections
15.04.130 and 15.04.150)
Property Owner(s)
Address(es)
Phone No(s).
Reason(s) for export/import soil. Has construction commenced?
ADDRESS
Where soil is proposed to be moved FROM
ADDRESS
Where soil is to be moved TO
AMOUNT of soil to be moved (cu.yds.):
DEPTH of cut/fill at site (feet)
AREA of cut/fill at site (square feet)
WORKING AT THE JOB SITE: The City Building Inspector/staff must verify the amount of soil to be moved, and after it
has been deposited, the amount of dirt deposited. You must notify City staff should there be deviations or corrections in
the field to modify the approved exportation or importation. The Rolling Hills Municipal Code requires that all grading be
balanced on site and prohibits the export or import of soil to or from any lot in the City or to and from outside the City
unless approved by the City Manager/designee under certain conditions.
I understand and agree to abide by these requirements.
Date Owner/Applicant Date Contractor/Applicant's Agent / License No.
Date
Engineering Geologist/License No. Date
Phone No.
Grading Contractor/License No.
EXPORT/IMPORT OF SOIL DURING CONSTRUCTION
2011
APPROVED:
DATE CITY MANAGER OR DESIGNEE
CONDITIONS:
EXPORT/IMPORT OF SOIL DURING CONSTRUCTION
2011
INSTRUCTIONS FOR REQUEST TO EXPORT/IMPORT OF DIRT AFTER
CONSTRUCTION COMMENCES
(RHMC SECTIONS 15.04.130 and 15.04.150)
• Submit the attached form
• Submit additional sheets if necessary to detail the project
• Submit revised site plan/grading plan/cross sections and any other information
necessary to clearly depict the resulting changes on both properties
• Staff and/or Building Inspector must verify the amount of dirt requested to be
moved
• Staff may determine that the request constitutes a major modification to the project
and therefore Planning Commission review may be necessary
• Staff may determine that the request exceeds staff's authority to approve the request
over-the-counter and therefore Planning Commission review may be necessary
(Planning Commission review is necessary when a cut or fill exceed 3 feet high or
when the activity covers more than 2,000 sq.ft. of surface area)
• Building and Safety Dept. review and permit may be required
EXPORT/IMPORT OF SOIL DURING CONSTRUCTION
2011
EXPORT/IMPORT OF SOIL FOR EROSION CONTROL
A PROFESSIONALLY PREPARED DRAINAGE PLAN FOR PERMANENT REPAIR SHALL BE REQUIRED IF THE
EROSION IS RE -OCCURRING AND IF/WHEN THE AMOUNT OF DIRT REQUESTED, WHEN ADDED TO THE DIRT
USED IN PREVIOUS YEARS, EXCEEDS A TOTAL OF 500 CU.YDS. (RHMC Sections15.04.130 and 15.04.150)
Property Owner(s)
Address(es)
Phone No(s).
Reason(s) to export/import soil. Has the area eroded previously? Has it been previously corrected with import/export of
dirt?
To your best recollection how many times has the area eroded? When?
How much dirt was imported in the past (total of all events)
PICTURES OF THE ERODED AREA(S): Submitted:
ADDRESS
Where soil is proposed to be moved FROM
ADDRESS
Where soil is to be moved TO
AMOUNT of soil to be moved (cu.yds.): AREA (square feet) to be corrected
WORKING AT THE JOB SITE The City Building Inspector/staff must verify that the area has eroded and the amount of
soil to be moved, followed by an inspection of the repaired area. You must notify City staff should there be deviations or
corrections in the field to modify the approved project. The Rolling Hills Municipal Code requires that all graded areas be
balanced on site and prohibits the export or import of soil to or from any lot in the City or to and from outside the City
unless approved by the City Manager/designee under certain conditions.
SOIL FOR EROSION CONTROL
2011
I understand and agree to abide by these requirements.
Date Owner/Applicant Date Contractor/Applicant's Agent / License No.
Phone:
APPROVED:
DATE CITY MANAGER OR DESIGNEE
CONDITIONS:
SOIL FOR EROSION CONTROL
2011
INSTRUCTIONS FOR REQUEST TO IMPORT/EXPORT DIRT FOR EROSION
CONTROL
(RHMC SECTIONS 15.04.130 and 15.04.150)
• Submit the attached form
• Submit additional sheets if necessary to detail the project
• Submit a plan showing area(s) of erosion
• Submit pictures of area(s) of erosion
• Staff and/or Building Inspector must verify the amount of dirt requested to be
moved and area(s) of erosion
• If required, submit landscaping plan for the area, once repaired
• Professionally prepared erosion control plan and permanent repair may be required,
if erosion is re -occurring
• If grading is necessary, professionally prepared grading plan must be submitted
• Staff may determine that the request exceeds staff's authority to approve the request
over-the-counter and therefore Planning Commission review may be necessary.
(Planning Commission review is necessary when a cut or fill is greater than 3 feet
or when the activity covers more than 2,000 sq.ft. of surface area)
• Building and Safety Dept. review and permit may be required
SOIL FOR EROSION CONTROL
2011
EXPORT/IMPORT OF SOIL
UP TO 500 C.Y. OF DIRT MAY BE IMPORTED OR EXPORTED FROM A CONSTRUCTION SITE DUE TO SITE
CONDITIONS OR DUE TO UNFORSEEN CIRCUMSTANCES AND ONLY WITH CITY APPROVAL. (RHMC Sections
15.04.130 and 15.04.150)
Property Owner(s)
Address(es)
Phone No(s).
Reason(s) for export/import soil. Has construction commenced?
ADDRESS'
Where soil is proposed to be moved FROM
ADDRESS
Where soil is to be moved TO
AMOUNT of soil to be moved (cu.yds.):
DEPTH of cut/fill at site (feet)
AREA of cut/fill at site (square feet)
WORKING AT THE JOB SITE: The City Building Inspector/staff must verify the amount of soil to be moved, and after it
has been deposited, the amount of dirt deposited. You must notify City staff should there be deviations or corrections in
the field to modify the approved exportation or importation. The Rolling Hills Municipal Code requires that all grading be
balanced on site and prohibits the export or import of soil to or from any lot in the City or to and from outside the City
unless approved by the City Manager/designee under certain conditions.
I understand and agree to abide by these requirements.
Date Owner/Applicant Date Contractor/Applicant's Agent / License No.
Date
Engineering Geologist/License No. Date
Phone No.
Grading Contractor/License No.
EXPORT/IMPORT OF SOIL DURING CONSTRUCTION
2011
APPROVED:
DATE CITY MANAGER OR DESIGNEE
CONDITIONS:
EXPORT/IMPORT OF SOIL DURING CONSTRUCTION
2011 "
INSTRUCTIONS FOR REQUEST TO EXPORT/IMPORT OF DIRT AFTER
CONSTRUCTION COMMENCES
(RHMC SECTIONS 15.04.130 and 15.04.150)
• Submit the attached form
• Submit additional sheets if necessary to detail the project
• Submit revised site plan/grading plan/cross sections and any other information.
necessary to clearly depict the resulting changes on both properties
• Staff and/or Building Inspector must verify the amount of dirt requested to be
moved
• Staff may determine that the request constitutes a major modification to the project
and therefore Planning Commission review may be necessary
• Staff may determine that the request exceeds staff's authority to approve the request
over -the --counter and therefore Planning Commission review may be necessary
(Planning Commission review is necessary when a cut or fill exceed 3 feet high or
when the activity covers more than 2,000 sq.ft. of surface area)
• Building and Safety Dept. review and permit may be required
EXPORT/IMPORT OF SOIL DURING CONSTRUCTION
2011
JODY MURDOCK
Mayor
B. ALLEN LAY
Mayor Pro Tem
THOMAS F. HEINSHEIMER
Councilmember
FRANK E. HILL
Councilmember
GODFREY PERNELL, D.D.S.
Councilmember
December 6, 1996
ei %�o��'np
INCORPORATED JANUARY 24, 1957
SENT TO ATTACHED LIST
Mr. George Shaw
Edward Carson Beall Associates, AIA & 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
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.
®Panted on Recycled Parer
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. 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,
rA
Craig R. Nealis
City Manager
CRN:mlk
soilimport/export.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
15.04.M Section 7015.4 amended. Section 7015 of
the Buildin ode, entitled "Excavation 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 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)
150.160-15.04.170
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).
> Mr. George Shaw
Edward Carson Beall Associates,
AIA & Associates
23727 Hawthorne Blvd.
Torrance, CA 90505
Mr. Tom Montague
Tomel Deveopment, 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
Mr. George Sweeny
Architect
3 Malaga Cove
Palos Verdes Estates, CA 90274
•
Mr. Nagy R. Bakhoum
Edward Carson Beall Associates,
AIA & Associates
23727 Hawthorne Blvd.
Torrance, CA 90505
Mr. Anthony Inferrera
1967 Upland St.
Rancho Palos Verdes, CA
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. Dutch Phillips
P.O. Box 7834
Laguna Niguel, CA 92607
Mr. Thomas Blair
Blair and Associates
2785 Pacific Coast Highway
Torrance, CA 90505
Mr. David Breiholz
Breiholz Qazi Engineering, Inc.
1852 Lomita Blvd.
Lomita, CA 90717
Mr. Richard Linde
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