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CL_AGN_250623_CC_AgendaPacket_F21.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS 5.APPROVE ORDER OF THE AGENDA This is the appropriate time for the Mayor or Councilmembers to approve the agenda as is or reorder. 6.BLUE FOLDER ITEMS (SUPPLEMENTAL) Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file. 7.PUBLIC COMMENT ON NON-AGENDA ITEMS This is the appropriate time for members of the public to make comments regarding items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 8.CONSENT CALENDAR Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion. 8.A.APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 23, 2025 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 AGENDA Regular City Council Meeting CITY COUNCIL Monday, June 23, 2025 CITY OF ROLLING HILLS 7:00 PM The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website. Both the agenda and the live-streamed video can be found here: https://www.rolling-hills.org/government/agenda/index.php Members of the public may submit written comments in real-time by emailing the City Clerk’s office at cityclerk@cityofrh.net. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published. Recordings to City Council meetings can be found here: https://www.rolling-hills.org/government/agenda/index.php Next Resolution No. 1395 Next Ordinance No. 388 1 RECOMMENDATION: Approve. 8.B.APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA RECOMMENDATION: Approve. 8.C.APPROVE THE FOLLOWING MINUTES OF JUNE 9, 2025: CITY COUNCIL REGULAR MEETING RECOMMENDATION: Approve as presented. 8.D.PAYMENT OF BILLS RECOMMENDATION: Approve as presented. 8.E.ADOPT RESOLUTION NO. 1392 APPROVING THE UPDATED FISCAL YEAR 2025/26 PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES RECOMMENDATION: Approve as presented. 9.EXCLUDED CONSENT CALENDAR ITEMS 10.COMMISSION ITEMS 10.A.ZONING CASE NO. 24-154: SITE PLAN REVIEW FOR NON-EXEMPT GRADING AND WALLS TO EXCEED A HEIGHT OF 3 FEET AND 2.5 FEET AVERAGE (UP TO A MAXIMUM HEIGHT OF 5 FEET), AND CONDITIONAL USE PERMIT TO EXCEED 200 SQUARE FEET FOR ACCESSORY STRUCTURE AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR THE LOCATION AT 16 CABALLEROS ROAD, ROLLING HILLS, CA 90274 (YOU & WANG) (LOT 6-SK) RECOMMENDATION: Receive and file. CL_AGN_250623_CC_AffidavitofPosting.pdf CL_MIN_250609_CC_F.pdf CL_AGN_250623_CC_PaymentOfBills_E.pdf Attachment 1 ResolutionNo1392_FY25-26_SalarySchedule_F_A.pdf Attachment 2 Circular_Letter_200-003-2 CalPERS.pdf Attachment_3_HR_Revised_Salary_Survey_Ad_Hoc.pdf Attachment 1: PL_ADR_250514_16CaballerosRd_RadiusMap_PCMeeting.pdf Attachment 2: PL_ADR_250513_16CaballerosRD_ZC24-154_DevelopmentTable.pdf Attachment 3: PL_ADR_16CaballerosRd_ZC24-154_Photos of Site.pdf Attachment 4: PL_ADR_250525_16Caballeros_Aerial View of Site_GIS.pdf Attachment 5: 250514_16CaballerosRd_ZC24-154-Summary of Project Table.pdf Attachment 6: 250618_16CaballerosRd_ZC24-154-Summary of Project Table_CC.pdf Attachment 7: CL_PBN_250520_PH_PC_16Caballeros_6Chuckwagon_Affidavit.pdf Attachment 8: Email from JuliAvedissian_14 CaballerosRd Attachment 9:PL_ADR_250515_16CaballerosRoad_ZC24- 2 11.PUBLIC HEARINGS 12.OLD BUSINESS 12.A.RECEIVE AND FILE A PRESENTATION REGARDING CALOES/FEMA BUYOUT PROGRAM RECOMMENDATION: Receive and file. Provide direction to staff. 12.B.CONSIDERATION OF ORDINANCE NO. 386 AMENDING CHAPTER 17.16 OF THE MUNICIPAL CODE REGARDING THE HEIGHT LIMITS OF SINGLE-FAMILY RESIDENTIAL HOMES, STABLES AND BARNS; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE RECOMMENDATION: Approve as presented. 13.NEW BUSINESS 13.A.CONSIDERATION OF AWARDING A CONSTRUCTION CONTRACT TO FIDELITY BUILDERS, INC. FOR PROVIDING CONSTRUCTION SERVICES ON THE TENNIS COURT ADA IMPROVEMENT PROJECT IN AN AMOUNT NOT-TO- EXCEED $783,506.25, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RECOMMENDATION: Approved as presented 14.MATTERS FROM THE CITY COUNCIL 15.MATTERS FROM STAFF 15.A.RECEIVE AND FILE A PUBLIC SAFETY AND EMERGENCY PREPAREDNESS UPDATE RECOMMENDATION: Receive and file. 16.RECESS TO CLOSED SESSION 16.A.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(1) THE CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL 154_ArchitecturalPlans_4thSubmittal.pdf 250618_16CaballerosRd_ZC24-154-GradingPlans.pdf Attachment A CL_AGN_241125_CC_Item15B.pdf Attachment B CL_AGN_241210_CC_Item4B.pdf Attachment C FEMA-4856-DR-CA Major Disaster.pdf Attachment D Cal OES DR-4856 HMGP NOFO.pdf Attachment 01 - 386_HeightLimit_Ordinance_F_A.pdf Attachment 02 - 386_HeightLimit_Ordinance_F_A_Change-ProRedline.pdf Attachment 03 - CL_AGN_250528_CC_Item11A.pdf Attachment 01 - CL_BID_250527_TC_ADA_FIdelityBuilders.pdf Attachment 02 - CL_BID_250623_2025-03_TC_ADA_Project_BidBreakdownForm_F_A.pdf Attachment 03 - CA_AGR_250623_FidelityBuildersInc_TC-ADA_2025-03_D.pdf 3 PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. (3 CASES) A. NAME OF CASE: CONNIE ANDERSEN, ET AL. V. CALIFORNIA WATER COMPANY, ET AL. (SEAVIEW CASE) CASE NO.: 24STCV20953 B. NAME OF CASE: CITY OF ROLLING HILLS V. SCE CPUC DOCKET NO. C.24-10-008 C. NAME OF CASE: CITY OF ROLLING HILLS V. SOCALGAS CPUC DOCKET NO. C.24-10-009 RECOMMENDATION: None. 16.B.CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) AND (D)(4) REGARDING THE DECISION OF WHETHER TO INITIATE LITIGATION (1 CASE)RECOMMENDATION: NONE RECOMMENDATION: None. 16.C.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (D)(2) AND (E)(3) BASED ON EXISTING FACTS AND CIRCUMSTANCES THERE IS A SIGNIFICANT EXPOSURE TO LITIGATION AGAINST THE CITY (1 CASE) RECOMMENDATION: None. 17.RECONVENE TO OPEN SESSION 18.ADJOURNMENT Next regular meeting: Monday, July 14, 2025 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. Notice: Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 4 Agenda Item No.: 8.A Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 23, 2025 DATE:June 23, 2025 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: CL_AGN_250623_CC_AffidavitofPosting.pdf 5 Administrative Report 8.A., File # 2839 Meeting Date: 6/23/2025 To: MAYOR & CITY COUNCIL From: Christian Horvath, City Clerk TITLE APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL ADJOURNED REGULAR MEETING OF JUNE 23, 2025 EXECUTIVE SUMMARY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) AFFIDAVIT OF POSTING In compliance with the Brown Act, the following materials have been posted at the locations below. Legislative Body City Council Posting Type Regular Meeting Agenda Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time JUNE 23, 202 5 7:00pm Open Session As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below. Christian Horvath, City Clerk Date: June 20, 2025 6 Agenda Item No.: 8.B Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA DATE:June 23, 2025 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve. ATTACHMENTS: 7 Agenda Item No.: 8.C Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:APPROVE THE FOLLOWING MINUTES OF JUNE 9 , 2025: CITY COUNCIL REGULAR MEETING DATE:June 23, 2025 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_MIN_250609_CC_F.pdf 8 MINUTES – CITY COUNCIL MEETING Monday, June 9, 2025 Page 1 Minutes Rolling Hills City Council Monday, June 9, 2025 Regular Meeting 7:00 p.m. 1. CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:00 p.m. Mayor Pieper presiding. 2. ROLL CALL Councilmembers Present: Mirsch, Wilson, Dieringer, Mayor Pieper Councilmembers Absent: Black Staff Present: Karina Bañales, City Manager Christian Horvath, Assistant to the City Manager / City Clerk Samantha Crew, Management Analyst Robert Samario, Finance Operations Lead Consultant Norma Tabares, Assistant City Attorney 3. PLEDGE OF ALLEGIANCE – Councilmember Wilson 4. PRESENTATIONS / PROCLAMATIONS / ANNOUNCEMENTS Mayor Pieper announced that the City Council would be adjourning the meeting in memory of Dr. Arvel B. Witte a longtime resident. 5. APPROVE ORDER OF THE AGENDA Motion by Councilmember Wilson, seconded by Councilmember Mirsch to move Excluded Consent Calendar Items after Public Hearings. Motion carried unanimously with the following vote: AYES: Mirsch, Wilson, Dieringer, Mayor Pieper NOES: None ABSENT: Black 6. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE 7. PUBLIC COMMENT ON NON-AGENDA ITEMS Public Comment: Judith Haenel 8. CONSENT CALENDAR 8.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JUNE 9, 2025 8.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA 8.C. APPROVE THE FOLLOWING MINUTES OF MAY 28, 2025: CITY COUNCIL REGULAR MEETING 9 MINUTES – CITY COUNCIL MEETING Monday, June 9, 2025 Page 2 8.D. PAYMENT OF BILLS 8.E. APPROVE EIGHTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MCGOWAN CONSULTING LLC. FOR SERVICES RELATING TO STORMWATER MANDATE COMPLIANCE 8.F. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH JTL CONSULTANTS FOR A THREE-YEAR PERIOD AT A NOT-TO-EXCEED AMOUNT OF $5,000 PER FISCAL YEAR PROVIDING ON-CALL ARBORIST SERVICES TO SUPPORT STAFF IN FIRE FUEL ABATEMENT CODE ENFORCEMENT CASES 8.G. APPROVE A FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSL, LLC TO PROVIDE FINANCIAL AUDIT SERVICES FOR THE THREE FISCAL YEARS STARTING WITH FISCAL YEAR 2024-25 THROUGH FISCAL YEAR 2026-27 FOR AN AMOUNT NOT-TO-EXCEED $114,900 8.H. PULLED BY MAYOR PRO TEM DIERINGER 8.I. PULLED BY MAYOR PRO TEM DIERINGER 8.J. FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY ORDINANCE NO. 387 DESIGNATING FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF ROLLING HILLS, CALIFORNIA BASED ON MAPS PROVIDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION AND AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE, AND FINDING THE ORDINANCE NOT SUBJECT TO CEQA Motion by Councilmember Wilson, seconded by Mayor Pro Tem Dieringer to approve the Consent Calendar except for Item 8H and 8I. Motion carried unanimously with the following vote: AYES: Mirsch, Wilson, Dieringer, Mayor Pieper NOES: None ABSENT: Black Mayor Pieper moved to Public Hearings. 11. PUBLIC HEARINGS 11.A. PUBLIC HEARING REGARDING POTENTIAL INCREASE TO REFUSE RATES FOR FISCAL YEAR 2025/26 Presentation by Finance Operations Lead Consultant Samario Public Comment: Judith Haenel Motion by Councilmember Mirsch, seconded by Councilmember Wilson to approve Resolution No. 1394. Motion carried unanimously with the following vote: AYES: Mirsch, Wilson, Dieringer, Mayor Pieper NOES: None ABSENT: Black 10 MINUTES – CITY COUNCIL MEETING Monday, June 9, 2025 Page 3 11.B. CONSIDERATION OF RESOLUTION NO. 1390 OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING THE FISCAL YEAR 2025-2026 CITY OF ROLLING HILLS BUDGET INCLUDING THE GENERAL FUND; REFUSE COLLECTION FUND; TRANSIT FUND - MEASURE R; TRANSIT FUND - MEASURE M; TRANSIT FUND - PROPOSITION A; TRANSIT FUND - PROPOSITION C; COPS FUND; MEASURE W FUND; AND RESOLUTION NO. 1391 ESTABLISHING THE ANNUAL FISCAL YEAR 2025-2026 APPROPRIATIONS GANN LIMIT FOR THE CITY OF ROLLING HILLS Presentation by Finance Operations Lead Consultant Samario Motion by Councilmember Mirsch, seconded by Mayor Pro Tem Dieringer to approve as presented. Motion carried unanimously with the following vote: AYES: Mirsch, Wilson, Dieringer, Mayor Pieper NOES: None ABSENT: Black Mayor Pieper moved to Excluded Consent Calendar Items. 9. EXCLUDED CONSENT CALENDAR ITEMS 8.H. ADOPT RESOLUTION NO. 1392 APPROVING THE UPDATED FISCAL YEAR 2025/26 PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES Motion by Mayor Pro Tem Dieringer, seconded by Mayor Pieper to approve the recommended salary levels for all positions with the exception of the Administrative Assistant changing to a minimum monthly salary level of $4,121 and Management Analyst to a minimum monthly salary level of $5,851. Motion carried with the following vote: AYES: Wilson, Dieringer, Mayor Pieper NOES: Mirsch ABSENT: Black 8.I. FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY ORDINANCE NO. 386 AMENDING CHAPTER 17.16 OF THE MUNICIPAL CODE REGARDING THE HEIGHT LIMITS OF SINGLE-FAMILY RESIDENTIAL HOMES, STABLES AND BARNS; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE Public Comment: Jim Aichele, Judith Haenel Motion by Mayor Pieper, seconded by Councilmember Wilson to change the maximum height from finished floor to roof peak on homes, barns and stables to 21 feet with all else within that limit and direct staff to remove any potentially ambiguous language. Motion carried with the following vote: AYES: Mirsch, Wilson, Mayor Pieper NOES: Dieringer ABSENT: Black 10. COMMISSION ITEMS – NONE 11 MINUTES – CITY COUNCIL MEETING Monday, June 9, 2025 Page 4 12. OLD BUSINESS – NONE 13. NEW BUSINESS 13.A. ADOPT RESOLUTION NO. 1393 MEMORIALIZING THE 2024 UTILITIES DE-ENERGIZATION DUE TO HISTORICAL LAND MOVEMENT WITHIN ROLLING HILLS AND SUBSEQUENT ACTIONS TAKEN BY THE CITY OF ROLLING HILLS AND UTILITY PARTNERS Presentation by City Manager Bañales Public Comment: Melissa McNabb Motion by Councilmember Wilson, seconded by Councilmember Mirsch to not approve Resolution No. 1392. Motion carried unanimously with the following vote: AYES: Mirsch, Wilson, Dieringer, Mayor Pieper NOES: None ABSENT: Black Mayor Pieper called for a two -minute recess at 8:28 p.m. Mayor Pieper resumed the meeting at 8:30 p.m. 14. MATTERS FROM THE CITY COUNCIL 14.A. CONSIDERATION OF SENDING A LETTER IN OPPOSITION REGARDING SB 79 (WIENER) TO CALIFORNIA STATE ASSEMBLYMEMBER MURATSUCHI (MIRSCH) Presentation by Assistant to the City Manager / City Clerk Horvath Motion by Mayor Pro Tem Dieringer, seconded by Councilmember Mirsch to authorizing the Mayor to sign the letter, but send separate versions to Senator Wiener, Senator Allen and Assemblymember Muratsuchi. Motion carried unanimously with the following vote: AYES: Mirsch, Wilson, Dieringer, Mayor Pieper NOES: None ABSENT: Black Councilmember Mirsch requested that staff research and provide any information specific to a public comment letter from the May 28, 2025 meeting and ask Cal Water if a representative would attend. Councilmember Wilson requested that if a member is absent at a meeting where a Blue Folder Supplemental Item is added, that it be provided to the absent member in their next agenda packet. 15. MATTERS FROM STAFF 15.A. RECEIVE AND FILE A VERBAL UPDATE ON THE STATUS OF THE CITY COUNCIL CHAMBER AUDIO/VISUAL SYSTEM MODIFICATIONS Presentation by Assistant to the City Manager / City Clerk Horvath Motion by Councilmember Wilson, seconded by Mayor Pro Tem Dieringer to receive and file. Motion carried unanimously with the following vote: 12 MINUTES – CITY COUNCIL MEETING Monday, June 9, 2025 Page 5 AYES: Mirsch, Wilson, Dieringer, Mayor Pieper NOES: None ABSENT: Black 16. RECESS TO CLOSED SESSION – 8:50 P.M. 16.A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(1) THE CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. (3 CASES) A. NAME OF CASE: CONNIE ANDERSEN, ET AL. V. CALIFORNIA WATER COMPANY, ET AL. (SEAVIEW CASE) CASE NO.: 24STCV20953 B. NAME OF CASE: CITY OF ROLLING HILLS V. SCE CPUC DOCKET NO. C.24-10-008 C. NAME OF CASE: CITY OF ROLLING HILLS V. SOCALGAS CPUC DOCKET NO. C.24-10- 009 16.B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(1) THE CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. (1 CASE) RECOMMENDATION: NONE 16.C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) AND (D)(4) REGARDING THE DECISION OF WHETHER TO INITIATE LITIGATION (1 CASE) RECOMMENDATION: NONE 17. RECONVENE TO OPEN SESSION – 9:24 P.M. 18. ADJOURNMENT: 9:24 P.M. The meeting was adjourned at 9:24 p.m. on June 9, 2025 in memory of Dr. Arvel B. Witte, a longtime resident. The next regular meeting of the City Council is scheduled to be held on Monday, June 9, 2025 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website. Respectfully submitted, ____________________________________ Christian Horvath, City Clerk Approved, ____________________________________ Jeff Pieper, Mayor 13 Agenda Item No.: 8.D Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:PAYMENT OF BILLS DATE:June 23, 2025 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: CL_AGN_250623_CC_PaymentOfBills_E.pdf 14 15 16 Agenda Item No.: 8.E Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:KARINA BAÑALES, CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:ADOPT RESOLUTION NO. 1392 APPROVING THE UPDATED FISCAL YEAR 2025/26 PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES DATE:June 23, 2025 BACKGROUND: At the June 9 City Council meeting, Mayor Pro Tem Bea Dieringer requested that the minimum salary ranges for two classifications listed on the salary schedule be adjusted to align with the methodology used for other classifications, excluding the Planning Manager and Code Compliance Officer/Planning Technician. This methodology applies a 10% reduction to both the minimum and maximum steps of the median salary for all surveyed cities in each classification (Attachment 3). Mayor Pro Tem Dieringer requested that the minimum salary ranges for these two classifications reflect the already applied 10% reduction, as presented on the salary schedules of comparable cities. The two classifications presented on June 9 are as follows: Classification Minimum Maximum Management Analyst $6,449 $8,341 Administrative Assistant $4,373 $5,795 The adjusted salary ranges, reflecting the 10% reduction as shown (on the next page) on the salary schedules of comparable cities, are: 17 Classification Minimum Maximum Management Analyst $5,851 $8,341 Administrative Assistant $4,121 $5,795 The California Public Employees’ Retirement System (CalPERS) requires the City Council to regularly adopt a master salary schedule listing pay rates and ranges for all city-established positions, including the City Manager. CalPERS Circular Letter 200-00320 (Attachment 2) mandates that public agencies maintain and publish comprehensive salary schedules for all positions. This requirement is essential to maintain the integrity of the pension system, ensure fair and equitable compensation, and foster public trust in the management of public funds. This evening, staff recommends that the City Council adopt the attached resolution (Attachment 1), which establishes the City’s Fiscal Year 2025-2026 (FY25-26) Salary and Hourly Compensation Schedule for the City’s classifications, including the adjustments requested by Mayor Pro Tem Dieringer. DISCUSSION: The City of Rolling Hills has not previously adopted a master salary schedule by resolution to formally reflect current pay ranges. To address this, the attached resolution establishes the City’s Salary and Hourly Compensation Schedule for all employees in City service. It is important to note that the salary schedule presented this evening was previously reviewed and approved by the City Council at its regular meeting on May 28, 2025. It was approved once more at the June 9, 2025 City Council meeting with a request to return with a lowered minimum monthly salary range for both the Management Analyst and Administrative Assistant positions. Exhibit A of Resolution No. 1392 includes the revised salary schedule table per action of the City Council on June 9, 2025 which outlines full-time classifications, authorized positions, and the corresponding minimum and maximum monthly salary ranges. Conclusion: Staff recommends that the City Council adopt the attached resolution to formalize the employee salary schedule and ensure compliance with CalPERS Circular Letter 200-003-20. The resolution also requires the regular updating and public posting of the salary schedule. FISCAL IMPACT: The fiscal impact is included in the FY25-26 Budget. RECOMMENDATION: Approve as presented. ATTACHMENTS: Attachment 1 ResolutionNo1392_FY25-26_SalarySchedule_F_A.pdf Attachment 2 Circular_Letter_200-003-2 CalPERS.pdf Attachment_3_HR_Revised_Salary_Survey_Ad_Hoc.pdf 18 -1- Resolution No. 1392 RESOLUTION NO. 1392 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APPROVING THE UPDATED FISCAL YEAR 2025/26 PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, all employers must comply with the compensation earnable and publicly available pay schedules provisions contained within California Government Code (GC) section 20636(d) and California Code of Regulations (CCR), Title 2, Section 570.5; and WHEREAS, it is necessary for the City Council to review and duly approve and adopt in accordance with requirements of applicable public meetings laws a publicly available pay schedule; and WHEREAS, attached to this resolution and incorporated by reference is the City’s comprehensive pay schedule which will be made publicly available on the City’s external website and provided upon request; and WHEREAS, the City reviews and may revise employee compensation and salary schedule ranges; and WHEREAS, the City benefits from a highly qualified, municipal workforce; and WHEREAS, to assist in retaining such a workforce, it is critical that the City’s compensation levels are competitive in the marketplace; and WHEREAS, the City should adjust salaries to reflect changes in the region’s cost of living; and WHEREAS, the salaries are scheduled to take effect the beginning of the pay period that includes July 1, 2025; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Rolling Hills hereby: 19 -2- Resolution No. 1392 1. Adopts the fiscal year 2025/26 pay schedule in Exhibit A, reflecting these pay adjustments effective the first pay period following the adoption of this resolution PASSED, APPROVED and ADOPTED this 23rd day of June 2025. ________________________________ Jeff Pieper Mayor ATTEST: ____________________________________ Christian Horvath City Clerk 20 -3- Resolution No. 1392 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Resolution No. 1392 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA APPROVING THE UPDATED FISCAL YEAR 2025/26 PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES was approved and adopted at a regular meeting of the City Council on the 23rd day of June, 2025, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ CHRISTIAN HORVATH CITY CLERK 21 -4- Resolution No. 1392 Exhibit “A” 22 City of Rolling Hills Salary Schedule Effective 7/1/2025 through 6/30/2026 Adopted by ResolutionNo. 1392 Full-Time Classification Authorized Positions Monthly Minimum Monthly Maximum City Manager 1 Planning Manager 1 7,457$ 11,147$ Assistant to the City Manager / City Clerk 1 7,624$ 9,497$ Management Analyst 1 5,851$ 8,341$ Assistant Planner 1 5,028$ 6,417$ Code Compliance Officer / Planning Technician 1 4,551$ 6,085$ Administrative Assistant 1 4,121$ 5,795$ $16,656 23 California Public Employees’ Retirement System P.O. Box 942715 | Sacramento, CA 94229-2715 888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 www.calpers.ca.gov Payroll Circular Letter January 8, 2020 Circular Letter: 200-003-20 Distribution: IV, VI, X, XII, XVI To: All CalPERS Contracted Agencies (Public Agency, Schools, and State) Subject: Statutory and Regulatory Requirements for Publicly Available Pay Schedules Purpose The purpose of this Circular Letter is to inform all CalPERS Contracted Agencies of the requirements for providing CalPERS with a Publicly Available Pay Schedule in compliance with the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR). Purpose of Publicly Available Pay Schedules Under the PERL and PEPRA, compensation earnable and pensionable compensation are determined in accordance with amounts identified on publicly available pay schedules. Compensation Earnable Under Government (Gov.) Code sections 20636 and 20636.1, compensation earnable means the pay rate and special compensation of the member, as further defined by those statutes. Pay rate for contracting agency and school members is deemed the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Pay rate for contracting agency and school members who are not in a group or class is deemed the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to specified limitations. 24 Circular Letter: 200-003-20 January 8, 2020 Page 2 of 4 Pay rate for state members is deemed the average monthly remuneration paid in cash out of funds paid by the employer to similarly situated members of the same group or class of employment, in payment for the member’s services or for time during which the member is excused from work, as further specified by subdivision (g) of Gov. Code 20636, pursuant to publicly available pay schedules. Pensionable Compensation Pursuant to Gov. Code section 7522.34, pensionable compensation of a new member of any public retirement system means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules, subject to specified limitations. Requirements of Publicly Available Pay Schedules Subdivision (a) of CCR section 570.5 defines the requirements for a publicly available pay schedule used to determine pay rates. Pay rates shall be limited to the amount listed on a pay schedule that must meet all the following eight (8) requirements: 1.Be duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws 2.Identify the position title for every employee position 3.Show the pay rate as a single amount or multiple amounts within a range for each identified position 4.Indicate the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually 5.Be posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's website 6.Indicate an effective date and date of any revisions 7.Is retained by the employer and available for public inspection for not less than five years 8.Does not reference another document in lieu of disclosing the pay rate Here is an example of a compliant pay schedule, to the extent it has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws, it is posted on the employer’s website, and it is retained by the employer and available for public inspection for not less than five years: 25 Circular Letter: 200-003-20 January 8, 2020 Page 3 of 4 Classification Rate Type Step 1 Step 2 Step 3 Step 4 Step 5 City Manager Monthly $10,500 $11,000 $11,500 $12,000 $12,500 City Counsel Monthly $10,000 $10,500 $11,000 $11,500 $12,000 City Clerk Monthly $5,500 $6,000 $6,500 $7,000 $7,500 Call Center Representative Monthly $5,000 $5,500 $6,000 $6,500 $7,000 Analyst Monthly $5,000 $5,500 $6,000 $6,500 $7,000 Assistant Monthly $4,500 $5,000 $5,500 $6,000 $6,500 Revised as of 09/01/2017 and adopted by the Board as of 09/15/2017 City of CalPERS Salary Schedule for Fiscal Year 17-18 Effective as of 07/01/2017 Special Compensation Pursuant to CCR section 571 for classic members, and CCR section 571.1 for new members under PEPRA, special compensation items are defined under an exclusive list. Each special compensation item shall be reported separately from pay rate, in accordance with the criteria described in those regulations. Therefore, a publicly available pay schedule in which the special compensation items are reflected in the pay rates does not comply with CCR section 570.5. Absence of Publicly Available Pay Schedule If an employer fails to meet the requirements of subdivision (a) of CCR section 570.5, under subdivision (b), the board may determine in its sole discretion an amount that will be considered as pay rate, taking into consideration all information it deems relevant including, but not limited to, the following: •Documents approved by the employer’s governing body in accordance with requirements of public meeting laws and maintained by the employer •Last pay rate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue •Last pay rate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position •Last pay rate for the member in a position that was held by the member and that is listed on a pay schedule that conforms to the requirements of subdivision (a) of a former CalPERS employer. Importance of Publicly Available Pay Schedule Publicly available pay schedules are required by CalPERS and are a critical component to verify all members’ pay rates when calculating members’ retirement benefits. Maintaining a compliant publicly available pay schedule will support transparency and expedite CalPERS’ review process. 26 Circular Letter: 200-003-20 January 8, 2020 Page 4 of 4 Failure to provide CalPERS with a compliant publicly available pay schedule may result in a retirement benefit being delayed. Questions It is the employer’s responsibility to comply with all terms and conditions set forth in the employer’s contract with CalPERS and to ensure all reportable information is compliant with the PERL, PEPRA, and the CCR. If you have any questions or concerns, contact the CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377), or email MOU_Review@calpers.ca.gov. Renee Ostrander, Chief Employer Account Management Division 27 Attachment 1 Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Avalon $ 18,375 $ 10,631 $ 13,713 $ 5,878 $ 7,582 - - $ 4,834 $ 6,235 $ 6,025 $ 7,771 $ 5,325 $ 6,869 - - $ 7,161 $ 9,237 - - Bradbury $ 12,500 - - $ 6,250 $ 7,917 - - - - $ 5,417 $ 7,917 - - - - - -- - El Segundo $ 24,336 $ 13,581 $ 18,750 $ 6,583 $ 8,373 - - $ 6,877 $ 8,359 $ 7,176 $ 9,128 $ 5,988 $ 7,278 - - $ 11,237 $ 14,293 $ 7,995 $ 9,718 Hidden Hills $ 17,917 - - $ 5,833 $ 8,711 - - - - $ 2,885 $ 4,038 - - - - - - - - La Habra Heights $ 12,471 - - - - $ 3,555 $ 4,764 - - - - - - - - - - Lawndale $ 21,239 $ 12,966 $ 15,761 $ 9,716 $ 11,810 $5,140 $6,247 $5,791 $7,039 $ 6,657 $ 8,092 $ 5,768 $ 7,005 - - $ 8,286 $ 10,072 $ 8,286 $ 10,072 Lomita $ 20,000 $ 12,688 $ 15,422 $ 8,547 $ 10,389 $ 4,013 $ 4,878 $ 5,346 $ 6,499 $ 6,200 $ 7,536 $ 5,397 $ 6,560 - - - - - - Palos Verdes Estates $ 20,833 $ 10,735 $ 16,050 $ 8,895 $ 11,148 $ 4,579 $ 5,845 $ 5,989 $ 7,280 $ 6,345 $ 8,502 - - - - $ 7,711 $ 9,672 - - Rancho Palos Verdes $ 21,250 $ 14,437 $ 18,768 $ 11,825 $ 15,373 $ 5,517 $ 7,173 $ 6,459 $ 8,426 $ 7,043 $ 9,156 $ 6,481 $ 8,424 - - $ 8,846 $ 11,500 $ 8,846 $ 11,500 Rolling Hills Estates $ 18,847 $ 12,276 $ 18,418 $ 8,546 $ 12,473 $ 4,469 $ 6,554 $ 6,012 $ 7,624 $ 7,202 $ 9,252 $ 4,971 $ 7,512 - - $ 7,707 $ 11,147 $ 7,707 $ 11,147 Signal Hill $ 22,917 $ 14,131 $ 18,542 $ 8,397 $ 10,716 $ 4,655 $ 5,941 $ 5,841 $ 7,457 $ 6,721 $ 8,578 $ 5,587 $ 7,130 - - $ 10,318 $ 13,169 $ 7,743 $ 9,883 Average $ 19,153 $ 12,681 $ 16,928 $ 8,047 $ 10,449 $ 4,561 $ 5,915 $ 5,894 $ 7,365 $ 6,167 $ 7,997 $ 5,645 $ 7,254 - - $ 8,752 $ 11,299 $ 8,115 $ 10,464 Median $ 20,000 $ 12,827 $ 17,234 $ 8,471 $ 10,553 $ 4,579 $ 5,941 $ 5,915 $ 7,368 $ 6,501 $ 8,297 $ 5,587 $ 7,130 - - $ 8,286 $ 11,147 $ 7,995 $ 10,072 10 Percent reduction $ 18,000 $ 11,544 $ 15,511 $ 7,624 $ 9,497 $ 4,121 $ 5,347 $ 5,324 $ 6,632 $ 5,851 $ 7,467 $ 5,028 $ 6,417 - - $ 7,457 $ 11,147 - - Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Rolling Hills - - - $ 7,624 $ 9,497 $ 4,121 $ 5,347 $ 4,551 $ 6,085 $ 5,851 $ 7,467 $ 5,028 $ 6,417 - - $ 7,457 $ 11,147 - - Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Bottom Top Rolling Hills $ 16,172 $ 12,351 $ 12,785 $ 6,488 $ 8,519 $ 4,373 $ 5,795 $ 4,551 $ 6,085 $ 6,449 $ 8,341 $4,551 $6,085 $25.63 $32.70 - - - - Bookkeeper/ Administrative Clerk Planning Manager Senior PlannerAgency City Manager Planning and Community Services Director City Clerk/Executive Assistant to the City Manager Administrative Assistant Code Enforcement Officer Management Analyst Administrative Assistant Code Compliance Officer/Planning Technician Management Analyst Assistant Planner Assistant Planner Bookkeeper/ Administrative Clerk Planning Manager Senior PlannerAgency City Manager Planning and Community Services Director City Clerk/Assistant to the City Manager Revised Salary Survey of Comparable Cities Management Analyst Assistant Planner Bookkeeper/ Administrative Clerk Planning Manager Senior Planner City of Rolling Hills Recommended Salary Schedule Current City of Rolling Hills Salary Ranges Agency City Manager Planning and Community Services Director City Clerk/Executive Assistant to the City Manager Administrative Assistant Code Enforcement Officer May 28, 2025 City Council Meeting 28 Agenda Item No.: 10.A Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:STEPHANIE GRANT, ASSISTANT PLANNER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:ZONING CASE NO. 24-154: SITE PLAN REVIEW FOR NON-EXEMPT GRADING AND WALLS TO EXCEED A HEIGHT OF 3 FEET AND 2.5 FEET AVERAGE (UP TO A MAXIMUM HEIGHT OF 5 FEET), AND CONDITIONAL USE PERMIT TO EXCEED 200 SQUARE FEET FOR ACCESSORY STRUCTURE AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR THE LOCATION AT 16 CABALLEROS ROAD, ROLLING HILLS, CA 90274 (YOU & WANG) (LOT 6-SK) DATE:June 23, 2025 BACKGROUND: Planning Commission Approval May 20, 2025 On May 20, 2025, the Planning Commission held a morning field trip at the subject property, with four commissioners present, with one commissioner absent. The commissioners reviewed the project during the field trip. One neighbor (14 Caballeros Road) was present at the field trip and expressed concerns about the project potentially impacting their view. The field trip proceeded to the public hearing meeting later that evening at City Hall. Four Commissioners were present, with one commissioner absent. During the evening public hearing, staff presented the project. The applicants' architect did attend the evening meeting, and no members from the public were present. After review and discussion, the Commission voted unanimously (4-0) to approve the project and adopted Resolution number 2025-05 (Attachment 6). Zoning, Location, and Lot Description The subject property is zoned RAS-1 and is located at 16 Caballeros Road. For development purposes, the net lot area, which excludes the roadway easement, is 1.44 acres (63,074 square feet). The first residential building pad is 8,307 square feet. The second pad is currently undeveloped and relatively flat. 29 The property is developed with a 4,207-square-foot residence with a 660-square-foot attached garage, a 1,140-square-foot courtyard, and a 170-square-foot service yard. The house was built in 1956. Photos of the entire property have been provided in Attachment 3. The property is accessible off Caballeros Road and is developed with an existing 1,690 square foot driveway that leads to the attached garage and main residence on the first building pad. A portion of the main residence encroaches 20 feet and 8 inches into the front setback. The second building pad is undeveloped and relatively flat, and it is located 35 feet below the first building pad with an existing 4-foot-high and 125-foot-long retaining wall and a 187-foot- long fence. The lower portion of the lot is steeply sloped and relatively non-buildable. The lot has a depth of 367 feet in length and a width of 250 feet. An aerial view of the subject property has been provided in Attachment 4. DISCUSSION: Applicant Requests On December 2, 2024, the applicant, Domingo Ottolia, of Ottolia & Barnes, on behalf of the property owners Zhao Wang and Hailong You, submitted a Site Plan Review application for non-exempt grading, walls to exceed 3 feet, and other improvements, including a Conditional Use Permit application for a pergola to exceed 200 square feet (the pergola is proposed to be 637 square feet). The proposed improvements on the property also include a 480 square foot swimming pool/spa, 155 square foot stairs, 42 square foot outdoor kitchen, 16 square foot pool equipment, planters, and concrete pool deck that are not part of this discretionary approval by the Planning Commission but instead subject to ministerial review and approval by staff. A Project Summary Table for the project that requires Ministerial and Discretionary approvals is included in Attachment 5. Discretionary Approvals Site Plan Review for Non-exempt Grading Section 17.46.020.A(1) requires a Site Plan Review (SPR) is require for projects for any grading, except when exempt. The total proposed grading for the Project is 203 Cubic Yards (147 CY of cut and 54 CY of fill). The 93 CY of cut for the swimming pool spa is exempt and will be exported. The Site Plan Review is for the non-exempt grading totaling 108 CY. The non-exempt grading will be balanced on-site. The grading plan have been included in Attachment 10. The proposed improvements on the property also include a 480 square foot swimming pool/spa, 155 square foot stairs, 42 square foot outdoor kitchen, 16 square foot pool equipment, planters, and concrete pool deck at grade that are not part of this discretionary approval by the Planning Commission but instead subject to ministerial review and approval by staff. Table 1 on the next page provides details of the grading project type. 30 Table 1 GRADING PROJECT TYPE CUT FILL MAX DEPTH EXEMPT OR NON- EXEMPT DISCRETIONARY OR MINISTERIAL Swimming pool spa 93 CY (Exempt for Export)7 feet Exempt Ministerial Fill Pool Deck (southwest side of pool deck) None 54 Cubic Yards 46 inches (3'10")Non-Exempt Discretionary Retaining Walls 50 CY None 42 inches (3'6")Non-Exempt Discretionary Stairway 2 Cubic Yards None 30 inches Non-Exempt Ministerial Stairs at the bottom of the steps 2 Cubic Yards None 8 feet Non-Exempt Discretionary The proposed retaining wall located at the northern portion of the pool deck includes 54 cubic yards of cut at 42 inches deep (3 feet and 6 inches). The southwestern side of the pool deck involves 54 cubic yards of fill and 46 inches (3 feet and 6 inches). The grading exceeds the maximum 3-foot cut and fill. Therefore, a Site Plan Review is required to exceed 3 3-foot cuts and 3 3-foot fills with a maximum depth. The proposed concrete stairway extends 35 feet from building Pad 1 to the lower level, and the grading for the stairs is very minimal. The total grading for the stairs is 2 cubic yards of cut at 30 inches deep into the natural slope, and a total of 155 square feet, 35 feet in length, and 54 inches wide. The stairway has been designed to follow natural contours of the slope to minimize grading. The cut for the bottom of the stairway is 5 feet max depth and is part of the Site Plan Review. Site Plan Review for Walls Exceed 3 Feet Height RHMC Section 17.16.190(F) requires a Site Plan Review for any walls that exceed the maximum height of 3 feet. The existing 4-foot-high and 125-foot-long retaining wall that extends along the secondary building pad will be removed and replaced with 2 new walls (one retaining and one planter wall). The proposed retaining wall on the corner northeast portion of the pool deck by the pool equipment will exceed the maximum allowable 3 feet maximum height, therefore a Site Plan Review has been requested. All the other proposed walls and planters will not exceed the 3-foot maximum height. The total square footage of the proposed landscaped planter areas is 563 square feet. Conditional Use Permit for Pergola Rolling Hills Municipal Code Section 17.16.040(A)(3) requires a Conditional Use Permit for 31 any detached accessory structures that exceed two hundred square feet. The pergola requires a Conditional Use Permit approval because it exceeds the maximum allowable 200 square feet by 436 square feet for a total of 636 square feet (it will not exceed 800 square feet maximum). The new pergola will be located on the pool deck at the southwest portion of the recreational building pad. The pergola is 13 feet wide by 42 feet long and 10 feet and 9 inches in height. Municipal Code Compliance Setbacks The proposed conditional use complies with all applicable development standards of the RAS- 1 Zone, districts, including size, setbacks, and location. The Project complies with all of the development standards of the Rolling Hills Municipal Code. Lot Coverage and Building Pad Coverage The Project complies with the Development Standards in the Rolling Hills Municipal Zoning Code. The Architectural Plans have been included as Attachment 9. The existing structural coverage is 5,487 square feet or 8.7%, and the project proposes a net of 1,054 square feet or 1.6%, for a total of 6,541 square feet or 10.3%. This is still under the maximum allowed 20% structural coverage. The existing flatwork coverage is 4,322 square feet or 6.8%, and the project proposes 2,631 or 4.2% square feet of structural cove age for a total of 6,953 square feet or 11.0%. This is still under the maximum allowed 15% structural coverage. The project proposes to add 3,685 square feet or 5.8% of combined structural and flatwork coverage. The total overall structural and flatwork coverage will result in 13,494 square feet or 21.3%, which is still well under the maximum allowed 35%structural and flatwork coverage. See Attachment 2 for more details. The first residential building pad 1 has a total pad area of 8,307 square feet. Existing coverage with deductions is 5,037 square feet or 60.6%. The total existing Building Pad Coverage with deductions is above the maximum 30% guideline by 30.6%, because a portion of the main residence encroaches 20 feet and 8 inches into the front setback. Therefore, the square footage in the front setback does not count in the building pad coverage calculations. The existing second pad is undeveloped and relatively flat, but the applicants are proposing a 3,255 square foot recreational building pad with a 1,000 square foot set-aside area for a total of 4,255 square feet. The existing retaining wall, fence, and trees will be removed for the proposed project. The recreational pad will be developed with a swimming pool/spa, pergola, stairs, outdoor kitchen, retaining walls, planters with landscape, concrete pool deck, and a stairway from the first building pad. The total disturbed area is 16,510 square feet or 26.2% and is well below the 40% maximum guideline. The proposed project is located in an area that is already disturbed and developed. 32 Height The maximum height of the pergola is 10 feet and 6 inches. Environmental Review The proposed project has been determined not to have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines. Public Noticing and Correspondence Public notices were mailed to residents within a 1,000 ft. radius from the development on May 9, 2025 (see Attachment 1). Notifications of the development and Planning Commission meeting were published in the Daily Breeze on May 10, 2025 (see Attachment 7). Neighbor Concerns On May 13, 2025, staff received a phone call from Juli Avedissian (resident at 14 Caballeros Road) regarding the public notice she received in the mail. She had concerns about the project's impact on her views. On May 18, 2025, Mrs. Avedissian sent an email to the City requesting that staff email the plans (see attachment 8). Staff informed her that, due to copyright restrictions, plans can't be emailed, but she could view the plans in the office or wait until they were published. On May 15, 2025, Mrs. Avedissian visited City Hall to review the plans. On May 20, 2025, Mrs. Avedissian attended the morning field trip meeting. On June 18, 2025, staff called Mrs. Avedissian, and she confirmed that she and her husband have no issues with the project. The project will not have any impact on their views. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: Attachment 1: PL_ADR_250514_16CaballerosRd_RadiusMap_PCMeeting.pdf Attachment 2: PL_ADR_250513_16CaballerosRD_ZC24-154_DevelopmentTable.pdf Attachment 3: PL_ADR_16CaballerosRd_ZC24-154_Photos of Site.pdf Attachment 4: PL_ADR_250525_16Caballeros_Aerial View of Site_GIS.pdf Attachment 5: 250514_16CaballerosRd_ZC24-154-Summary of Project Table.pdf Attachment 6: 250618_16CaballerosRd_ZC24-154-Summary of Project Table_CC.pdf Attachment 7: CL_PBN_250520_PH_PC_16Caballeros_6Chuckwagon_Affidavit.pdf Attachment 8: Email from JuliAvedissian_14 CaballerosRd Attachment 9:PL_ADR_250515_16CaballerosRoad_ZC24- 154_ArchitecturalPlans_4thSubmittal.pdf 250618_16CaballerosRd_ZC24-154-GradingPlans.pdf 33 City of Rolling Hills ROLLING HILLS, CA 90274 TITLE VICINITY MAP CASE NO. Zoning Case No. 24-154 Conditional Use Permit & Site Plan Review OWNER Wang & You ADDRESS 16 Caballeros, Rolling Hills 90274 SITE 34 Development Table Zoning Case No. 24-154 16 Caballeros Road SITE PLAN REVIEW AND CONDITIONAL USE PERMIT EXISTING PROPOSED TOTAL Net Lot Area 0 SF 0 SF 63,074 SF Residence 4,207 SF 0 SF 4,207 SF Garage 660 SF 0 SF 660 SF Swimming Pools/Spa 0 SF 480 SF 480 SF Pool Equipment 0 SF 16 SF 16 SF Guest House 0 SF 0 SF 0 SF Pergola 0 SF 636 SF 636 SF Stable 450 SF 0 SF 450 SF Recreation Court 0 SF 0 SF 0 SF Attached Covered Porches 0 SF 0 SF 0 SF Entryway/Porte Cochere, Breezeways 0 SF 0 SF 0 SF Attached Trellises 0 SF 0 SF 0 SF Detached Structures: Outdoor Kitchen 0 SF 42 SF 42 SF Service Yard 170 SF 0 SF 170 SF Other: Stairs 0 SF 155 SF 155 SF Primary Driveway 1,690 SF 0 SF 1,690 SF Paved Walkways, Patio Areas, Courtyards 2,632 SF 155 SF 2,787 SF Pool Decking 0 SF 2,476 SF 2,476 SF Other Paved Driveways, Road Easements, Parking Pads 0 SF 0 SF 0 SF Grading (balanced onsite) 0 CY 147 CY CUT 54 CY FILL 93 EXPORT EXEMPT 201 CY TOTAL *Structural Lot Coverage (20% maximum with deductions) 5,487 SF (8.7%) 1,054 SF (1.6%) 6,541 SF (10.3%) Flatwork Lot Coverage (15% maximum) 4,322 SF (6.8%) 2,631 SF (4.2%) 6,953 SF (11.0%) *Total Lot Coverage (Structures and Flatwork) (35% maximum with deductions) 9,809 SF (15.5%) 3,685 SF (5.8%) 13,494 SF (21.3%) Total Disturbed Area (40% maximum) 16,510 SF (26.2%) 0 SF (0%) 16,510 SF (26.2%) *Building Pad 1 (8,307? SF) (30% Maximum Guideline) 5,037 STRUCTURE AREA (60.6%) 0 SF STRUCTURE AREA (0%) 5,037 SF STRUCTURE AREA (60.6?%) *Building Pad 1 (4,255 SF) (30% Maximum Guideline 450 STRUCTURE AREA (10.5%) 1,054 SF STRUCTURE AREA (24.8%) 1,504 SF STRUCTURE AREA (35.3%) *EXCLUDING: up to 5 (legal) & up to 800 sq. ft. detached structures that are not higher than 12 ft. (no more than 120 sq.ft. per structure per deduction, except for trellis) 35 36 37 38 39 Aerial View of Site: 16 Caballeros Road 40 1 Planning Commission Meeting May 20, 2025 16 Caballeros Road (Zoning Case No. 24-154) PROPOSED PROJECT SUMMARY TABLE ITEM # PROPOSED DESCRIPTION RHMC REQUIRES DISCRETIONARY OR MINISTERIAL APPROVAL 1) Non-exempt grading The project includes non- exempt grading for total of 108 CY. (54 CY fill for the northeastern portion of the retaining wall & 54 CY cut for the southeastern portion of the pool deck. Site Plan Review (SPR) is required for any grading exempt when exempt pursuant to Rolling Hills Municipal Code (RHMC) Section 17.46.020(A)(1) Discretionary 2) Swimming Pool/Spa 480 SF swimming pool/spa, 7 feet deep. 17.16.030(K) - Accessory uses and structures are an allowed use and structures are permitted as accessory to a legally established single-family residence. Swimming pool, including outdoor spa not to exceed 800 SF Ministerial 3) Pool Deck Concrete pool deck Less than 12 inches. 2,476 SF 2,476 SF pool deck still well below the required 15% flatwork coverage Ministerial 4) Pergola 636 SF detached pergola, 10’6” height A Conditional Use Permit is required for accessory structures that exceed 200 SF (maximum 800 SF) Discretionary 5) Stairway 155 SF stairway to descend to the lower building pad. 35 feet long and 54 inches wide. The grading for the stairs is 30 inches deep. Grading less than 3 feet cut and fill does not require SPR Ministerial 6) Stairs at the bottom of steps The stairs at the bottom of the slope and pool deck, 5-foot maximum cut into the slope Grading more than 3 feet cut and fill will require SPR Discretionary 7) Walls (East side of pool The proposed retaining wall on the northeast The RHMC Section 17.16.190(F), requires a Discretionary 41 2 ITEM # PROPOSED DESCRIPTION RHMC REQUIRES DISCRETIONARY OR MINISTERIAL APPROVAL deck) corner of the pool deck by the pool equipment will exceed the maximum allowable 3 feet maximum height, therefore a SPR SPR for any walls that exceed the maximum 3 feet height. 8) Walls (Westside of pool deck) The proposed retaining walls on the westside pool deck will not exceed the maximum allowable 3 feet. A wall below three feet shall be subject administrative review and shall not be located in the front yard or in any setback Ministerial 9) Outdoor Kitchen The new outdoor kitchen is 42 SF and will be located in the pergola 17.16.030(L) - Accessory uses and structures are an allowed use and structures are permitted as accessory to a legally established single-family residence. Freestanding outdoor BBQ or kitchen not to exceed 200 SF Ministerial 10) 11) Legend: Variance VAR Site Plan Review SPR Conditional Use Permit CUP Ministerial Review MR Discretionary Review DR 42 1 City Council Meeting May 23, 2025 16 Caballeros Road (Zoning Case No. 24-154) PROPOSED PROJECT SUMMARY TABLE ITEM # PROPOSED DESCRIPTION ROLLING HILLS MUNICIPAL CODE (RHMC) REQUIRES DISCRETIONARY OR MINISTERIAL APPROVAL 1) Non-exempt grading The project includes non- exempt grading for total of 108 CY. (54 CY fill for the northeastern portion of the retaining wall & 54 CY cut for the southeastern portion of the pool deck. Section 17.46.020(A)(1) Site Plan Review (SPR) is required for any grading exempt when exempt pursuant to Rolling Hills Municipal Code (RHMC) Discretionary (Site Plan Review) 2) Swimming Pool/Spa & pool equipment 480 SF swimming pool/spa, 7 feet deep. 16 SF pool equipment. Section 17.16.030(K) - Accessory uses and structures are an allowed use and structures are permitted as accessory to a legally established single- family residence. Swimming pool, including outdoor spa not to exceed 800 SF Ministerial (Administrative Review) 3) Pool Deck Concrete pool deck Less than 12 inches. 2,476 SF. The building pad is already existing and undeveloped. 2,476 SF pool deck still well below the required 15% flatwork coverage Ministerial (Administrative Review) 4) Pergola 636 SF detached pergola, 10’6” height Section 17.16.040(A)(3) Conditional Use Permit is required for accessory structures that exceed 200 SF (maximum 800 SF) Discretionary (Conditional Use Permit) 5) Stairway 155 SF stairway to descend to the lower building pad. 35 feet long and 54 inches wide. The grading for the stairs is 30 inches deep. Grading less than 3 feet cut and fill does not require SPR Ministerial (Administrative Review) 6) Stairs at the bottom of steps The stairs at the bottom of the slope and pool deck, 5-foot maximum cut into Grading more than 3 feet cut and fill will require SPR Discretionary (Site Plan Review) 43 2 ITEM # PROPOSED DESCRIPTION ROLLING HILLS MUNICIPAL CODE (RHMC) REQUIRES DISCRETIONARY OR MINISTERIAL APPROVAL the slope 7) Walls (East side of pool deck) The proposed retaining wall on the northeast corner of the pool deck by the pool equipment will exceed the maximum allowable 3 feet maximum height, therefore a SPR Section 17.16.190(F), requires a SPR for any walls that exceed the maximum 3 feet height. Discretionary (Site Plan Review) 8) Walls (Westside of pool deck) The proposed retaining walls on the westside pool deck will not exceed the maximum allowable 3 feet. A wall below three feet shall be subject administrative review and shall not be located in the front yard or in any setback Ministerial (Administrative Review) 9) Outdoor Kitchen The new outdoor kitchen is 42 SF and will be located in the pergola Section 17.16.030(L) - Accessory uses and structures are an allowed use and structures are permitted as accessory to a legally established single- family residence. Freestanding outdoor BBQ or kitchen not to exceed 200 SF Ministerial (Administrative Review) 10) Planters There are 3 FT maximum height and 573 SF planters that extend along the west and east portions of the pool deck. There are 2 shorter sections located at the northwest and southwest corners. A wall below three feet shall be subject administrative review and shall not be located in the front yard or in any setback Ministerial (Administrative Review) Legend: Variance VAR Site Plan Review SPR Conditional Use Permit CUP Ministerial Review MR Discretionary Review DR 44 CL_PBN_250520_PH_PC_16Caballeros_6Chuckwagon - Page 1 of 1 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 pfernandez@scng.com City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Account Number:5007827 Ad Order Number:0011734959 Customer's Reference/PO Number: Publication:Daily Breeze Publication Dates:05/10/2025 Total Amount:$783.56 Payment Amount:$0.00 Amount Due:$783.56 Notice ID:qP6Z07IBcCSBMNmYOQJq Invoice Text:NOTICE OF PUBLIC HEARING AND FIELD TRIP PLANNING COMMISSION OF THE CITY OF ROLLING HILLS, CALIFORNIA NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Rolling Hills will conduct public hearing field trip visits starting at 7:30 AM on Tuesday, May 20, 2025, at the following properties for the purpose of receiving public input on the projects described below: 1st field trip 7:30 AM 16 CABALLEROS ROAD, ROLLING HILLS, CA 90274 (LOT 6-SK) ZONING CASE NO. 24-154: SITE PLAN REVIEW REQUESTS FOR NON-EXEMPT GRADING AND WALLS TO EXCEED A HEIGHT OF 3 FEET AND 2.5 FEET AVERAGE (UP TO A MAXIMUM HEIGHT OF 5 FEET), AND CONDITIONAL USE PERMIT REQUEST TO EXCEED 200 SQUARE FEET FOR ACCESSORY STRUCTURE AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (WANG & YOU) 2nd FIELD TRIP AT 7:50 AM 6 CHUCKWAGON ROAD, ROLLING HILLS, CA 90274 (LOT 29-A-EF) ZONING CASE NO. 24-043: SITE PLAN REVIEW FOR CONSTRUCTION OF NEW RESIDENCE, NON-EXEMPT GRADING, STABLE ACCESS, WALLS EXCEEDING A HEIGHT OF 3 FEET AND 2.5 FEET AVERAGE (UP TO A MAXIMUM HEIGHT OF 5 FEET), AND OTHER IMPROVEMENTS; CONDITIONAL USE PERMITS FOR A DETACHED ACCESSORY STRUCTURE GREATER THAN 200 SQUARE FEET, STABLE GREATER THAN 200 SQUARE FEET; AND VARIANCES FOR CONSTRUCTION IN THE FRONT YARD, SITE DISTURBANCE OF MORE THAN 40 PERCENT, AND FILL SLOPES STEEPER THAN 2:1, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LEE) Both projects have been 45 CL_PBN_250520_PH_PC_16Caballeros_6Chuckwagon - Page 1 of 1 Daily Breeze 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 0011734959 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not party to or interested in the above- entitled matter. I am the principal clerk of the printer of Daily Breeze, a newspaper of general circulation, printed and published in the City of Torrance*, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 05/10/2025 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Hermosa Beach, California On this 10th day of May, 2025. ______________________________ Signature *Daily Breeze circulation includes the following cities: Carson, Compton, Culver City, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles, Long Beach, Manhattan Beach, Palos Verdes Peninsula, Palos Verdes, Rancho Palos Verdes, Rancho Palos Verdes Estates, Redondo Beach, San Pedro, Santa Monica, Torrance and Wilmington 46 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! 47 4/14/2025 48 49 50 51 52 53 54 55 56 57 58 59 Agenda Item No.: 12.A Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:SAMANTHA CREW, MANAGEMENT ANALYST THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:RECEIVE AND FILE A PRESENTATION REGARDING CALOES/FEMA BUYOUT PROGRAM DATE:June 23, 2025 BACKGROUND: The City of Rancho Palos Verdes faced significant land movement in areas such as Seaview, Portuguese Bend Beach Club, and the Portuguese Bend Community Association. These areas lie atop a complex ancient landslide system that was reactivated in 1956 and further accelerated by heavy rainfall in 2023 and 2024. The area’s bentonite-rich clay soil contributes to ongoing ground instability, resulting in significant damage to roads, utilities, and homes. Some residents were forced to abandon their properties or implement structural shoring to stabilize their homes against the shifting terrain. In September 2024, the City of Rolling Hills experienced unexpected utility shutoffs in the Flying Triangle, Cinchring Road, and Quail Ridge Road South areas due to land movement, impacting electricity, gas, and telecommunications services. In response, the City worked with its residents to mitigate disruptions, engaging legal counsel, hosting community meetings, coordinating emergency communications, expediting permits for alternative power sources, and working closely with utility providers, local organizations, and regional partners. Relief and support measures were launched, including donations, neighborhood outreach, and advocacy at the state and federal levels. While power and gas outages affected dozens of homes, the City continues to coordinate with agencies and utility companies to restore services, communicate updates, and support long-term resiliency planning. Overall, the scale and severity of damage in Rancho Palos Verdes significantly exceeds that of Rolling Hills. In October 2024, the City of Rancho Palos Verdes, in partnership with Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (Cal OES), launched a $42 million Voluntary Property Buyout Program to support homeowners in the Greater Portuguese Bend landslide area. The Cal OES Voluntary Buyout Program, 60 administered by the California Governor’s Office of Emergency Services and funded through FEMA’s Hazard Mitigation Grant Program (HMGP), is intended to help local governments reduce long-term risks to people and property in areas prone to recurring natural hazards such as wildfires, flooding, and landslides. The program provides financial assistance to acquire high-risk properties, with the goal of removing structures from hazardous areas and converting the land to permanent open space. By the program’s application deadline of November 8, 2025, the City of Rancho Palos Verdes received 85 applications. Of these, 52 (61%) came from residents in the Portuguese Bend Community Association, 21 (25%) from the Seaview community, and 12 (14%) from the Beach Club. Following the program’s announcement and the City’s release of minimum eligibility criteria, 20 properties were red-tagged and 37 yellow-tagged, compared to just two red-tagged and four yellow-tagged homes before October 28, 2024. The City of Rancho Palos Verdes was able to mobilize quickly, and the successful award of funds was a direct result of its years of research, consistent grant application efforts, comprehensive data collection, and the ongoing land movement impacting the area. Beginning in November 2024, Rolling Hills City staff initiated a series of coordination meetings with Cal OES to discuss the framework, requirements, and strategic considerations for implementing a Voluntary Buyout Program in Rolling Hills. These discussions have continued consistently through December, January, February, April, and May, reflecting the City’s commitment to thoroughly understanding the program’s structure before making any formal decisions. Each meeting focused specifically on how the buyout process could be tailored to the City’s unique circumstances, including eligibility criteria, property valuation procedures, funding mechanisms, and long-term implications for residents and the City. Staff sought to clarify regulatory expectations, outline potential roles and responsibilities, and gather insight into how similar programs have been successfully executed elsewhere in California. On November 25, 2024, staff provided the City Council with an update on federal emergency management grant programs administered by Cal OES in partnership with FEMA (Attachment A). The update focused on the $42 million Voluntary Property Buyout Program introduced by RPV, which now serves as a model for potential hazard mitigation strategies applicable to the City of Rolling Hills. Staff shared that the RPV program, funded through FEMA’s Hazard Mitigation Grant Program (HMGP), assisted property owners in areas at risk of imminent failure due to ongoing land movement by offering fair market value for their properties and converting acquired parcels into permanently protected open space. Staff also shared that a Presidentially-declared major disaster triggers HMGP funding. Once a disaster meets federal assistance thresholds, FEMA activates the program, allowing funds to flow through state agencies like Cal OES to eligible local governments, special districts, and nonprofits for long- term hazard mitigation projects. On December 10, 2024, Robyn Fennig, Assistant Director of the Hazard Mitigation Branch at Cal OES, visited Rolling Hills to tour impacted areas and engage with residents, staff, and City Council. That evening, she delivered a presentation to the Rolling Hills City Council during its regularly scheduled meeting (Attachment B). Her presentation provided an in-depth overview of the State Hazard Mitigation Program, addressing topics such as funding authorization, FEMA application requirements, eligible project activities, BRIC (Building Resilient Infrastructure and Communities) funding, and the process for submitting a Notice of Interest (NOI). Since the December 10 meeting, staff have continued to meet with Ms. Fennig and her 61 team to review potential funding pathways and have also spoken with residents interested in participating in such a program. This evening, Ms. Fennig will present to the City Council an overview of current grant funding opportunities, the status of programs that are no longer available, and information regarding a potential, if feasible, buyout program for the City of Rolling Hills. Her presentation will also include an update on FEMA’s Hazard Mitigation Grant Program (HMGP) and the recent Presidential Declaration (DR-4856), which enables eligible agencies to apply for federal hazard mitigation funding (Attachment C). In connection with the DR-4856 declaration for the California wildfires, Ms. Fennig advised that the City may benefit from participating in the current funding cycle, especially considering the uncertainty surrounding future federal funding opportunities. In April, Cal OES released a Notice of Funding Opportunity (NOFO) for DR-4856 (Attachment D), opening the door for Los Angeles County jurisdictions to apply for available disaster recovery funds. To preserve eligibility, City staff submitted a non-binding draft Notice of Interest (NOI) by the May 29 deadline. This preliminary submission does not obligate the City to pursue the grant but keeps the option open. After the presentations, Staff will seek City Council direction on whether to proceed with the DR-4856 grant opportunity by finalizing and officially submitting the NOI. Should the Council choose to move forward, the next step would be to prepare and submit a subapplication by the September 15, 2025 deadline. Cal OES will then review and develop the subapplications for submission to FEMA by April 2026. Alternatively, the Council may direct staff to conduct additional research and return at a future meeting for further discussion. DISCUSSION: Hazard Mitigation Grant Program The Voluntary Buyout Program (part of FEMA’s HMGP) allows the City to acquire residential properties that have been damaged or are at imminent risk from natural hazards. Participation is entirely voluntary, and eligible properties must include permitted residential structures. The City purchases qualifying properties at fair market value, based on a predetermined appraisal date, demolishes any existing structures, and converts the land to permanently protected open space, as required by FEMA regulations. A city must act as the sub-applicant and submit an application to Cal OES on behalf of interested property owners. If the application is approved, participating homeowners are offered fair market compensation for their property, based either on pre-disaster or current appraised value, depending on program criteria and timing. Acquired properties are deed- restricted to remain undeveloped in perpetuity and may only be used for open space, recreation, or natural floodplain functions. FEMA funds up to 75% of eligible project costs under the Voluntary Buyout Program, with the remaining 25% covered either by the property owner or through in-kind contributions from the City. The program is administered by Cal OES and locally managed by the City, which selects properties for participation based on criteria such as structural damage, program eligibility, and overall community benefit. Homeowners must apply through the City, not directly to FEMA or Cal OES. Once acquired, properties must be demolished and permanently maintained as 62 open space and they cannot be resold to private individuals or redeveloped. To initiate the process, the local jurisdiction must assess community interest and determine whether the buyout aligns with broader hazard mitigation and land-use planning goals. The City is responsible for preparing a detailed application to Cal OES, which includes environmental assessments, cost-benefit analysis, and documentation of the hazard risk. Cal OES then reviews the submission and forwards qualifying proposals to FEMA. An important program requirement is demonstrating cost-effectiveness through FEMA’s Benefit-Cost Analysis (BCA) methodology, using a specialized software toolkit. The BCA is used to demonstrate that a hazard mitigation project is cost-effective by showing that the expected benefits equal or exceed the project costs. To support this, the City must identify benefits recognized by FEMA, such as avoided damages, emergency response costs, service disruptions, and displacement, and accurately document all project costs, including construction, design, and compliance. Using FEMA-approved data sources and hazard information, the City must also demonstrate the frequency and severity of the risk and provide supporting documentation, such as maps, cost estimates, and damage data. The BCA is often the most difficult threshold to meet, and even well-developed proposals may be excluded from consideration if they fail to demonstrate adequate cost-effectiveness. The Environmental and Historic Preservation (EHP) review process ensures that all program applications comply with the requirements of the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and other program-specific environmental regulations. This compliance review can take several months to complete and must be finalized before the City can receive FEMA approval. The Voluntary Buyout Program is not intended for immediate post-disaster relief but is part of a long-term hazard mitigation strategy. Due to environmental reviews and the federal approval process, extended time may pass between application submission and actual property acquisition. Cities considering participation must be prepared to lead a transparent community engagement process, support applicants throughout the program, and assume responsibility for managing the acquired land in perpetuity. Rancho Palos Verdes Voluntary Buyout Program In May 2025, City of Rolling Hills staff met with representatives from the City of Rancho Palos Verdes (RPV) to learn about their experience designing and implementing a Voluntary Buyout Program under FEMA’s Hazard Mitigation Grant Program (HMGP). The purpose of the meeting was to understand the program’s development from initial concept to current implementation and to gather insights and lessons learned from a neighboring jurisdiction already navigating this complex process. The information provided by RPV offers a valuable roadmap for communities considering a similar initiative. RPV launched its buyout program in response to accelerated land movement in the Greater Portuguese Bend area. City staff emphasized the importance of establishing clear systems and procedures from the outset. This included designing a transparent application process, conducting broad and inclusive outreach to potentially eligible property owners, and creating structured screening and evaluation criteria to ensure fairness and efficiency. RPV received 85 applications, of which 23 were selected to move forward. The selection 63 process began with strict minimum eligibility requirements. Notably, applicants involved in either of the two lawsuits, Black or Monks, stemming from prior development agreements in high-risk areas were deemed ineligible, as those agreements included waivers against future claims. Additionally, any applicant involved in active litigation against the City was required to release all legal claims prior to being awarded grant funds. Program Design and Funding RPV’s program is strictly voluntary; homeowners are not required to participate, and eminent domain is not used. Properties in RPV are acquired at fair market value as determined by a licensed real estate appraiser, using a set appraisal date (e.g., December 1, 2022). FEMA provides 75% of the property acquisition cost and associated eligible expenses, including: Appraisal and title search costs Lot surveys (if needed) Real estate transaction, escrow, and closing costs Demolition and site restoration Environmental remediation (e.g., lead paint or asbestos removal) RPV is responsible for advancing all upfront costs, which are later reimbursed by FEMA. To manage the workload and meet compliance obligations, the City contracted with a grant management firm to support both pre-award application development and post-award program administration. To meet FEMA’s 25% non-federal cost share requirement, property owners contribute the remaining share through a deduction from the final fair market value payment. A portion of this contribution is held in escrow at closing to cover costs such as demolition and restoration. Any remaining balance is returned to the property owner upon completion and closeout of site restoration. Properties acquired through the program must be demolished and cleared, with the site regraded and restored to eliminate any public safety concerns. Once cleared, the land is permanently deed-restricted for open space, recreation, or natural hazard mitigation functions and cannot be redeveloped or sold to private individuals. Appeals, Phased Implementation, and Grant Management RPV implemented the program in phases, starting with the acquisition of three properties funded through an initial $10 million allocation from their General Fund reserves. The City must wait for reimbursement from this first round before proceeding with the next set of property purchases. To streamline operations, the City relied on pre-qualified vendors for appraisal, title, and escrow services and planned to issue RFPs for demolition contractors. While surveyor services were not yet required, the City remained prepared to issue additional RFPs if needed. To address potential disputes over property valuations, RPV developed a formal appraisal appeal process. The City contracted with two separate appraisal firms, one for the Portuguese Bend area and another for the Seaview neighborhood. If a property owner challenged their appraisal, the case was reviewed by the alternate firm for an independent secondary valuation. 64 RPV also noted the importance of accounting for in-kind costs such as staff time and administrative resources, which can be significant. Outsourcing key program components helped the City manage these demands while maintaining compliance with federal and state requirements. Eligibility and Prioritization Criteria RPV, in coordination with Cal OES and FEMA, ensured that each application complies with all applicable program rules, regulations, and federal requirements, including Benefit-Cost Analysis (BCA) and Environmental and Historic Preservation (EHP) guidelines. Only properties deemed eligible by FEMA would advance to the formal selection process. Minimum eligibility criteria include: The property is not bank-owned (mortgages do not disqualify; foreclosure ownership does) The property has not changed ownership since December 1, 2022 The property contains legally permitted residential structures The applicant is the legal property owner according to the County Assessor and building permit records Once eligibility was established, properties were prioritized for acquisition based on the following factors: 1. Properties red-tagged by the City’s Building Official. 2. Properties yellow-tagged by the City’s Building Official. 3. Properties in imminent danger of being red or yellow tagged due to proximity to fissures, sinkholes, or other geologic hazards. 4. Properties that have been de-energized indefinitely. 5. Properties offering strategic value for landslide stabilization or winterization efforts. 6. Properties that enhance or expand the adjacent Palos Verdes Nature Preserve. Duplication of Benefits FEMA regulations prohibit duplication of benefits. If a property owner has received financial assistance (e.g., insurance payouts or other grants) for the same damage or purpose, those amounts must be accounted for and deducted from the buyout payment unless the owner can document that the funds were used for repairs. For example, if a structure was damaged and the owner received insurance funds for repairs, they must prove that those funds were spent. If not, FEMA will reduce the buyout amount accordingly. ADDITIONAL INFORMATION In evaluating the potential participation in the Cal OES Voluntary Buyout Program, it is important to consider not only the grant funding and long-term benefits of hazard mitigation, but also the fiscal impacts that accompany property acquisitions. The following outlines a few key cost considerations that would affect the City’s general fund and operational responsibilities should it move forward with a property buyout program: 65 Potential Ongoing Costs (all estimates ): Loss of Property Tax Revenue Each acquired property is permanently removed from the tax rolls. Example: A $3.5 million property could generate $2,700/year for the City (1% of assessed value = $35,000/year paid by the property owner. Most cities in LA County receive about 7–8% of the 1% general levy collected by the County. $35,000 × 0.077 (7.7%) = $2,695/year to the City). Multiple acquisitions would result in a cumulative annual revenue loss. Parcel Maintenance Vacant lots require vegetation management to comply with fire codes. Costs vary based on terrain, vegetation density, and contractor rates. Liability Insurance Annual cost depends on parcel access, size, location, and risk exposure. Estimated range: $1,000 - $3,000 per parcel annually, higher if public access is allowed or terrain is hazardous. Each City-owned parcel will be added to the City's Property schedule and reported to the California Joint Powers Authority on an annual basis. Program Administration As seen in RPV, in-kind contributions (e.g., staff coordination, oversight) remain under 1% of the total FEMA grant. Grant Management Services The City may need to hire a specialized grant management firm to initiate and oversee the application process for the Cal OES Voluntary Buyout Program. CONCLUSION The City of Rolling Hills recognizes the severe impact the recent utility shutoffs and ongoing land movement have had on residents in the Flying Triangle, Cinchring Road, and Quail Ridge Road South areas. These disruptions have led to significant financial burdens for many, including costs associated with prolonged outages, alternative energy solutions, and, in some cases, unreported home repairs necessitated by ground instability. As the City considers participation in the Cal OES Voluntary Buyout Program, it is essential to weigh both the immediate and long-term implications of acquiring properties behind the gates. While the program offers a potential path toward permanent risk reduction and open space preservation, it also represents a substantial policy and fiscal commitment that will shape the City’s future land use, financial planning, and emergency management responsibilities. Tonight’s discussion provides an opportunity to reflect on the technical and regulatory dimensions of a potential buyout initiative, as well as the potential impacts it may have on our community. Informed by Rancho Palos Verdes' experience, staff recommend that the City Council carefully evaluate the potential grant opportunity and provide direction on whether to proceed with finalizing the Notice of Interest (NOI) for the current DR-4856 funding cycle and/or ask that Staff return to the City Council with additional information. 66 FISCAL IMPACT: Unknown at this time RECOMMENDATION: Receive and file. Provide direction to staff. ATTACHMENTS: Attachment A CL_AGN_241125_CC_Item15B.pdf Attachment B CL_AGN_241210_CC_Item4B.pdf Attachment C FEMA-4856-DR-CA Major Disaster.pdf Attachment D Cal OES DR-4856 HMGP NOFO.pdf 67 Agenda Item No.: 15.B Mtg. Date: 11/25/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:KARINA BAÑALES, CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:RECEIVE AND FILE A VERBAL UPDATE ON FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT PROGRAMMING ADMINISTERED BY CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) DATE:November 25, 2024 BACKGROUND: On October 29, 2024, the City of Rancho Palos Verdes (RPV), in partnership with the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES), introduced a $42 million Voluntary Property Buyout Program aimed at assisting property owners in the Greater Portuguese Bend landslide area. This program, funded by FEMA’s Hazard Mitigation Grant Program (HMGP), is designed to help homeowners whose properties have been damaged or are at risk of imminent failure from ongoing land movement. This program offers homeowners fair market value for their properties based on pre-disaster appraisals based on property conditions in December 2022. Through this initiative, eligible homeowners will have the option to relocate to safer areas, while the acquired properties will be converted into permanently protected open space. These properties will be deed-restricted to prevent future redevelopment, enhance community resilience, and reduce future risks in vulnerable areas. This evening, staff will present an overview of RPV’s program as a potential model for hazard mitigation strategies in the Rolling Hills community. Following the presentation, staff seek direction from the City Council on the following actions: 1. Authorize staff to arrange a meeting with Cal OES for a site visit to the City of Rolling Hills and attend a future City Council meeting; and 2. Direct staff to begin coordinating with Cal OES specifically to apply for available grant programs and return to the Council with updates and any required approvals. These efforts explore proactive measures for addressing natural hazards while protecting 168 community safety and resilience. DISCUSSION: On November 11, 2024, staff provided the City Council with an update on recent discussions held with Cal OES representatives to explore the Voluntary Buyout Program, along with other potential Cal OES funding and mitigation programs. This briefing aimed to inform the Council of Staff's research efforts into state-supported hazard mitigation options that could enhance community resilience in Rolling Hills. City Council members inquired about specific program criteria and funding requirements and requested that staff conduct a more detailed assessment of the Voluntary Buyout Program’s applicability and feasibility for the City of Rolling Hills. This follow-up analysis will consider program eligibility, funding structures, and potential outcomes for affected residents and the community. PROGRAMS: This section outlines summaries of programs for which the City of Rolling Hills may be eligible. FEMA Hazard Mitigation Assistance Program Cal OES administers the FEMA Hazard Mitigation Assistance Program (HMA Program), which focuses on reducing the risks posed by natural hazards. These programs aim to fund projects that help communities mitigate the impact of disasters, including floods, wildfires, and other natural hazard threats. By supporting hazard mitigation efforts, Cal OES plays a critical role in enhancing public safety and resilience across California. The FEMA HMA Programs are designed to support state, local, tribal, and territorial efforts to reduce the impact of future disasters by funding cost-effective, technically feasible, eligible projects that mitigate risks associated with natural hazards. These programs focus on long- term risk reduction and help communities minimize the impact of natural disasters before they happen. The key programs under HMA include: 1. Legislative Pre-Disaster Mitigation (LPDM): This program funds projects that reduce the risk of natural disasters before they occur through coordination with Congressional representatives (e.g., the House and Senate). Funding appropriated to selected communities can be used to strengthen infrastructure, improve resilience, and protect lives and property. 2. Flood Mitigation Assistance (FMA): This annual nationally competitive program is specifically aimed at reducing the risk of flood damage for structures backed by policies in the National Flood Insurance Program (NFIP). This program provides funding for projects that reduce the financial and physical impacts of flooding, such as elevating buildings or improving drainage systems to reduce the losses to the NFIP. 3. Building Resilient Infrastructure and Communities (BRIC): This annual, nationally competitive all-hazards program was established as part of the Disaster Recovery Reform Act of 2018 and focuses on funding proactive projects that improve resilience to natural hazards, such as wildfires, earthquakes, hurricanes, and floods. 4. Hazard Mitigation Grant Program (HMPG): This all-hazards post-disaster funding program is one of the opportunities made available following a Presidentially declared disaster through the Stafford Act. This funding can be used statewide to implement cost- effective projects that reduce the impacts of natural hazards across California. 269 The HMA programs help fund initiatives like elevating structures, retrofitting buildings, flood control projects, and creating early warning systems. Their ultimate goal is to reduce the loss of life, property damage, and economic impact of disasters, thereby increasing the resilience of communities to future hazards. Hazard Mitigation Grant Program Funding (HMGP) Funding for HMGP is triggered by a Presidentially-declared major disaster declaration. When a natural disaster, such as a wildfire, flood, earthquake, or hurricane, meets the severity and impact thresholds to qualify for federal assistance in the Public Assistance (PA) Program and/or Individual Assistance (IA) Program, the president may issue a disaster declaration, allowing FEMA to activate HMGP funding. This funding is then made available to state emergency management agencies (e.g., Cal OES) to pass funding through to state, tribal, and local governments, some private non-profit organizations, and eligible special districts to implement long-term hazard mitigation measures aimed at reducing future disaster risks. Once a major disaster is declared and HMGP is made available, Cal OES works with FEMA to identify and prioritize eligible projects. The amount of funding allocated to HMGP is based on a percentage of the total federal assistance provided for disaster response and recovery, meaning larger disasters generate more HMGP funding that is awarded to California. Projects eligible for HMGP funds include property buyouts, infrastructure improvements, wildfire mitigation efforts, and other community resilience initiatives that align with FEMA’s goal of minimizing the impact of future disasters on people and property. All sub-applications must be eligible in the FEMA HMA Program guidance, be technically- feasible, cost-effective, and pass an environmental and historic preservation (EHP) review. Cal OES and FEMA work with sub-applicants (local governments, state agencies, federally- recognized tribal nations, some private non-profits and special districts) to go through this application process. Cal OES has 12-months, with additional time extensions available, to identify interested communities, scope eligible, complete sub-applications, and submit them to the FEMA Region IX office located in Oakland, California. During this 12-month period, FEMA Region IX will provide estimated amounts of funding available in the HMGP for that disaster declaration at 30-day, 6-month, and 12-month timelines. This funding amount is determined by 20% of the total amount of PA damages and IA claims submitted to FEMA for reimbursement by these pre-determined time increments. 2023 saw three federally-declared disaster declarations for California, bringing three separate allocations of HMGP: Severe atmospheric rivers in January and March brought widespread flooding, infrastructure damage, and landslides across California, prompting DR-4683 (Attachment B) and DR-4699 (Attachment A) to be declared by the President several federal declarations to facilitate funding for response and rebuilding efforts. Hurricane Hilary in July caused damage in Southern California, resulting in DR- 4750 (Attachment C). In early 2024, California continued to experience severe weather impacts, with another series of two major disaster declarations from events in Southern California, DR-4758 (Attachment D) and DR-4769 (Attachment E) from January and March storms/flooding, respectively. 370 RPV leveraged leftover funds from DR-4699 (Attachment A) after several sub-applicants unexpectedly withdrew from the program. Although there are three open HMGP application periods, communities have submitted applications exceeding the amount of funding available, leaving no current HMGP opportunities for the City of Rolling Hills to participate. However, there is a potential opportunity if the President declares the large wildfires in summer 2024 Borel and Park Fires, a major disaster declaration. APPLICATIONS Cal OES is currently accepting applications for future Presidentially-Declared Disasters, recognizing that gathering the necessary documentation and conducting analyses requires significant time. A critical element of the application process is completing a benefit-cost analysis to demonstrate the cost-effectiveness of proposed mitigation efforts. This process requires a lot of technical documentation, which often takes more than the 12-month application timeframe allowed by FEMA for the HMGP. Staff are seeking direction from the City Council to authorize collaboration with the California Governor’s Office of Emergency Services (Cal OES). This collaboration would involve the following key actions: This evening, staff will present an overview of RPV’s program as a potential model for hazard mitigation strategies in the Rolling Hills community. Following the presentation, staff seek direction from the City Council on the following actions: 1. Authorize staff to arrange a meeting with Cal OES for a site visit to the City of Rolling Hills and attend a future City Council meeting; and 2. Direct staff to begin coordinating with Cal OES specifically to apply for available grant programs and return to the Council with updates and any required approvals. Staff will report back to the City Council on the next steps and whether to proceed with a particular grant. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. Provide direction to staff. ATTACHMENTS: Attachment A DR-4699-CA Public Notice.pdf Attachment B DR-4683-CA Public Notice.pdf Attachment C 4750-DR-CA Public Notice.pdf Attachment D 4758-DR-CA Initial Notice.pdf Attachment E 4769-DR-CA Initial Notice.pdf 471 Apply for Assistance An oicial website of the United States government Here’s how you know DR-4699-CA Public Notice 001 English Notice Date April 4, 2023 The U.S. Department of Homeland Securityʼs Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to provide financial assistance to the State of California, local and Indian tribal governments, and private nonprofit organizations under major disaster declaration FEMA-4699-DR-CA. This notice applies to the Individual Assistance (IA), Public Assistance (PA), and Hazard Mitigation Grant (HMGP) programs implemented under the authority of the Robert T. Staord Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207. This public notice concerns activities that may aect historic properties, activities that are located in or aect wetland areas and the 100-year floodplain, and may involve critical actions within the 500-year floodplain. Such activities may adversely aect the historic property, floodplain or wetland, or may result in continuing vulnerability to flood damage. I. Public Notice – Major Disaster Declaration FEMA-4699-DR-CA and Overview of Authorized Assistance The President declared a major disaster for the State of California on April 3, 2023, as a result of the severe winter storms, straight-line winds, flooding, landslides, and mudslides that began on February 21, 2023 and are continuing, pursuant to his authority 572 under the Robert T. Staord Disaster Relief and Emergency Assistance Act, Pub. L. No. 93- 288 (1974) (codified as amended at 42 U.S.C. § 5121 et seq.) (Staord Act). This declaration, numbered FEMA-4699-DR-CA, has authorized Individual Assistance (assistance to individuals and households) for Kern, Mariposa, Monterey, San Benito, Santa Cruz, Tulare, and Tuolumne Counties. The following counties have been authorized for Public Assistance (Assistance for emergency work and the repair or replacement of disaster-damaged facilities): Calaveras, Los Angeles, Monterey, and Tulare Counties. The Hazard Mitigation Grant Program (assistance for actions taken to prevent or reduce long term risk to life and property from natural hazards) is available statewide. Additional counties may be designated at a later date if requested by the state and warranted by the results of further damage assessments. Individual Assistance is authorized by Section 408 of the Staord Act. FEMA may provide IA program funding for disaster-related emergency housing. These actions may adversely aect a floodplain/wetland, or may result in continuing vulnerability to floods. These actions may include repair, restoration or construction of housing or private bridges, purchase and placement of travel trailers or manufactured housing units, or repair of structures as minimum protective measures. This will be the only public notice concerning these actions. The Public Assistance Program is authorized by Sections 403, 406, and 407 of the Staord Act. FEMA may provide financial assistance under the Public Assistance Program for the State of California, local and Indian tribal governments, and private nonprofit organizations to perform debris removal and emergency protective measures. The Hazard Mitigation Grant Program is authorized by Section 404 of the Staord Act. Under the Hazard Mitigation Grant Program, FEMA may provide financial assistance for the State of California, local and Indian tribal governments, and private nonprofit organizations to implement mitigation measures to reduce the risk of life and property from future disasters during the recovery from the major disaster. In the course of developing project proposals, subsequent public notices will be published if necessary, as more specific information becomes available. 673 II. Public Notice – Financial Assistance for Activities that Aect Historic Properties or Located in or that Aect Wetlands Areas or Floodplains Some of the activities for which FEMA provides financial assistance under the Individual Assistance, Public Assistance, and Hazard Mitigation Grant Programs may aect historic properties, may be located in or aect wetland areas or the 100-year floodplain, and may involve critical actions within the 500-year floodplain. In accordance with all requirements of the National Environmental Policy Act (NEPA), all federal actions must be reviewed and evaluated for feasible alternatives. FEMA must also comply with Executive Order 11988, Floodplain Management; Executive Order 11990, Protection of Wetlands; the National Historic Preservation Act of 1966, Pub. L. No. 89-655 (1966) (codified as amended at 16 U.S.C. § 470 et seq.) (NHPA); and the implementing regulations at 44 C.F.R. pt. 9 and 36 C.F.R. pt. 800. The executive orders, NHPA, and regulations require FEMA to provide public notice for certain activities as part of approving the award of financial assistance for specific projects. A. Federal Actions in or Aecting Floodplains and Wetlands FEMA has determined for certain types of facilities there are normally no alternatives to restoration in the floodplain or wetland. These are facilities meeting all of the following criteria: 1) FEMAʼs estimate of the cost of repairs is less than 50% of the cost to replace the entire facility and is less than $100,000; 2) the facility is not located in a floodway; 3) the facility has not sustained major structural damage in a previous Presidentially declared flooding disaster or emergency; and 4) the facility is not critical (e.g., the facility is not a hospital, generating plant, emergency operations center, or a facility containing dangerous materials). FEMA intends to provide assistance for the restoration of these facilities to their pre-disaster condition, except certain measures to mitigate the eect of future flooding or other hazards may be included in the work. For example, a bridge or culvert restoration may include a larger waterway opening to decrease the risk of future washouts. For routine activities, this will be the only public notice provided. Other activities and those involving facilities not meeting the four criteria are required to undergo more detailed review, including the study of alternate locations. Subsequent public notices regarding such projects will be published if necessary, as more specific information becomes available. In many cases, an applicant may have started facility restoration before federal involvement. Even if the facility must undergo detailed review and analysis of alternate 774 locations, FEMA will fund eligible restoration at the original location if the facility is functionally dependent on its floodplain location (e.g., bridges and flood control facilities), or the project facilitates an open space use, or the facility is an integral part of a larger network which is impractical or uneconomical to relocate, such as a road. In such cases, FEMA must also examine the possible eects of not restoring the facility, minimizing floodplain or wetland impacts, and determining both an overriding public need for the facility clearly outweighs the Executive Order requirements to avoid the floodplain or wetland, and the site selected is the only practicable alternative. The State and local oicials will confirm to FEMA the proposed actions comply with all applicable federal, state, and local floodplain management and wetland protection requirements. The Public Assistance (PA) Federal Flood Risk Management Standard (FFRMS) partial implementation policy, eective for all major disasters declared on or aer June 3, 2022, applies to PA projects in the 1% annual chance floodplain (1% and 0.2% annual chance floodplains for critical actions) involving new construction of structures, structures that have a substantial damage determination, or structures that require substantial improvement. The policy applies regardless of the cause of damage. The Hazard Mitigation Assistance (HMA) FFRMS partial implementation policy applies to non-critical actions involving structure elevation, dry floodproofing, and mitigation reconstruction in the 1% annual chance floodplain. For all FEMA programs and project types, if a state, local, tribal, or territorial government has its own higher elevation standard, FEMA requires use of the higher standard. FEMA program policies also reference additional consensus codes and standards, such as ASCE-24-14, that incorporate additional elevation requirements beyond the base flood elevation. B. Federal Actions Aecting Historic Properties Section 106 of the NHPA requires FEMA to consider the eects of its activities (known as undertakings) on any historic property and to aord the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on such projects before the expenditure of any federal funds. An Individual Assistance, Public Assistance, or Hazard Mitigation Grant Program activity is an “undertaking” for the purposes of the NHPA, and a historic property is any property which is included in, or eligible for inclusion in, the National Register of Historic Places (NRHP). For historic properties which will not be adversely aected by FEMAʼs undertaking, this will be the only public notice. FEMA may provide additional public notices if a proposed FEMA undertaking would adversely aect a historic property. 875 III. Further Information or Comment The Rehabilitation Act of 1973 protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance. Any recipient or sub- recipient of federal funds is required to make their programs accessible to individuals with disabilities. Its protections apply to all programs and businesses receiving any federal funds. This applies to all elements of physical/architectural, programmatic and communication accessibility in all services and activities conducted by or funded by FEMA. FEMA intends to comply with the Rehabilitation Act in all federally conducted and assisted programs in alignment with the principals of whole community inclusion and universal accessibility. Executive Orders 13985 and 14008 further address the need to achieve environmental justice and equity across the federal government. The issuance of the new executive orders more than 20 years aer Executive Order 12898 was signed indicates the administrationʼs directive to federal agencies to renew their energy, eort, resources, and attention to environmental justice. FEMA is working with applicants/sub-applicants to identify communities with Environmental Justice concerns and provide an avenue for local groups and non-profits with an Environmental Justice mission to self-identify so FEMA Programs can start to work with them on specific projects from the beginning of the application process. FEMA also intends to provide HMGP funding to the State of California to mitigate future disaster damages. These projects may include construction of new facilities, modification of existing, undamaged facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to mitigate future disaster damages. In the course of developing project proposals, subsequent public notices will be published if necessary, as more specific information becomes available. This will be the only public notice regarding the actions described above for which FEMA may provide financial assistance under the Individual Assistance, Public Assistance, and Hazard Mitigation Grant Programs. Interested persons may obtain information about these actions or a specific project by writing to the Federal Emergency Management Agency Region RIX Oice, Acting Regional Environmental Oicer, Scott Fletcher, 1111 Broadway, Suite 1200, Oakland, CA 94607. All comments concerning this public notice must be submitted in writing to the Region RIX Oice within 30 days of its publication. 976 Disasters & Assistance Grants Floods & Maps Emergency Management About Work With Us National Terrorism Advisory System Last updated April 5, 2023 Return to top Contact FEMA FEMA.gov An oicial website of the U.S. Department of Homeland Security Accessibility Accountability Careers Civil Rights Contact Us FOIA Glossary No FEAR Act Plug-Ins Privacy 1077 Report Disaster Fraud Website Information DHS.gov USA.gov Inspector General 1178 Apply for Assistance An oicial website of the United States government Here’s how you know DR-4683-CA Public Notice 001 English Notice Date January 27, 2023 The U.S. Department of Homeland Securityʼs Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to provide financial assistance to the State of California, local and Indian tribal governments, and private nonprofit organizations under major disaster declaration FEMA-4683-DR-CA. This notice applies to the Individual Assistance (IA), Public Assistance (PA), and Hazard Mitigation Grant (HMGP) programs implemented under the authority of the Robert T. Staord Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207. This public notice concerns activities that may aect historic properties, activities that are located in or aect wetland areas and the 100-year floodplain, and may involve critical actions within the 500-year floodplain. Such activities may adversely aect the historic property, floodplain or wetland, or may result in continuing vulnerability to flood damage. I. Public Notice – Major Disaster Declaration FEMA-4683-DR-CA and Overview of Authorized Assistance The President declared a major disaster for the State of California on January 14, 2023, and amended January 17, 2023, as a result of the severe winter storms, flooding, landslides, and mudslides that began on December 27, 2022 and are continuing, pursuant to his authority under the Robert T. Staord Disaster Relief and Emergency 1279 Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42 U.S.C. § 5121 et seq.) (Staord Act). This declaration, numbered FEMA-4683-DR-CA, has authorized Individual Assistance for Calaveras, Merced, Monterey, Sacramento, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, and Santa Cruz Counties; and reimbursement through the Public Assistance Program, including direct federal assistance, for emergency work (Categories A-B) for Merced, Monterey, Sacramento, San Luis Obispo, Santa Barbara, and Santa Cruz Counties. The following counties have been designated as eligible for Public Assistance, Category C through G for permanent work: Merced, Monterey, Sacramento, Santa Barbara, and Santa Cruz Counties. The following counties have been designated as eligible for Public Assistance: San Benito, Tulare, and Ventura Counties. The Hazard Mitigation Grant Program is available statewide. Additional counties may be designated at a later date. Amendment No. 1, issued January 17, 2023, to the notice of major disaster declaration for the state of California (FEMA DR-4683-CA), dated January 14, 2023, identified the following counties as eligible for Individual Assistance: Monterey, San Luis Obispo, and Santa Barbara Counties, and identified the following counties as eligible for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program: Monterey, San Luis Obispo, and Santa Barbara Counties. Amendment No. 2 issued January 18, 2023, to the notice of major disaster declaration for the state of California (FEMA DR-4683-CA), dated January 14, 2023, identified the following county as eligible for Individual Assistance: San Joaquin County. Amendment No. 3 issued January 23, 2023, to the notice of major disaster declaration for the state of California (FEMA DR-4683-CA), dated January 14, 2023, identified the following county as eligible for Individual Assistance: Calaveras County. Amendment No. 4 issued January 26, 2023, to the notice of major disaster declaration for the state of California (FEMA DR-4683-CA), dated January 14, 2023, identified the following county as eligible for Individual Assistance: San Mateo County. The following counties have also been identified as eligible for Public Assistance, Category C through G 1380 for permanent work: Merced, Monterey, Sacramento, Santa Barbara, and Santa Cruz Counties (already designated for Individual Assistance and assistance for debris removal and emergency protective measures [Categories A and B] including direct federal assistance, under the Public Assistance program). Additionally, the following counties have been identified as eligible for Public Assistance: San Benito, Tulare, and Ventura Counties. Individual Assistance is authorized by Section 408 of the Staord Act. FEMA may provide IA program funding for disaster-related emergency housing. These actions may adversely aect a floodplain/wetland, or may result in continuing vulnerability to floods. These actions may include repair, restoration or construction of housing or private bridges, purchase and placement of travel trailers or manufactured housing units, or repair of structures as minimum protective measures. This will be the only public notice concerning these actions. The Public Assistance Program is authorized by Sections 403, 406, and 407 of the Staord Act. FEMA may provide financial assistance under the Public Assistance Program for the State of California, local and Indian tribal governments, and private nonprofit organizations to perform debris removal and emergency protective measures. The Hazard Mitigation Grant Program is authorized by Section 404 of the Staord Act. Under the Hazard Mitigation Grant Program, FEMA may provide financial assistance for the State of California, local and Indian tribal governments, and private nonprofit organizations to implement mitigation measures to reduce the risk of life and property from future disasters during the recovery from the major disaster. In the course of developing project proposals, subsequent public notices will be published if necessary, as more specific information becomes available. II. Public Notice – Financial Assistance for Activities that Aect Historic Properties or Located in or that Aect Wetlands Areas or Floodplains Some of the activities for which FEMA provides financial assistance under the Individual Assistance, Public Assistance, and Hazard Mitigation Grant Programs may aect historic properties, may be located in or aect wetland areas or the 100-year floodplain, and may involve critical actions within the 500-year floodplain. In accordance with all requirements of the National Environmental Policy Act (NEPA), all federal actions must be reviewed and evaluated for feasible alternatives. FEMA must also comply with Executive Order 11988, Floodplain Management; Executive Order 11990, Protection of Wetlands; the National Historic Preservation 1481 Act of 1966, Pub. L. No. 89-655 (1966) (codified as amended at 16 U.S.C. § 470 et seq.) (NHPA); and the implementing regulations at 44 C.F.R. pt. 9 and 36 C.F.R. pt. 800. The executive orders, NHPA, and regulations require FEMA to provide public notice for certain activities as part of approving the award of financial assistance for specific projects. A. Federal Actions in or Aecting Floodplains and Wetlands FEMA has determined for certain types of facilities there are normally no alternatives to restoration in the floodplain or wetland. These are facilities meeting all of the following criteria: 1) FEMAʼs estimate of the cost of repairs is less than 50% of the cost to replace the entire facility and is less than $100,000; 2) the facility is not located in a floodway; 3) the facility has not sustained major structural damage in a previous Presidentially declared flooding disaster or emergency; and 4) the facility is not critical (e.g., the facility is not a hospital, generating plant, emergency operations center, or a facility containing dangerous materials). FEMA intends to provide assistance for the restoration of these facilities to their pre-disaster condition, except certain measures to mitigate the eect of future flooding or other hazards may be included in the work. For example, a bridge or culvert restoration may include a larger waterway opening to decrease the risk of future washouts. For routine activities, this will be the only public notice provided. Other activities and those involving facilities not meeting the four criteria are required to undergo more detailed review, including the study of alternate locations. Subsequent public notices regarding such projects will be published if necessary, as more specific information becomes available. In many cases, an applicant may have started facility restoration before federal involvement. Even if the facility must undergo detailed review and analysis of alternate locations, FEMA will fund eligible restoration at the original location if the facility is functionally dependent on its floodplain location (e.g., bridges and flood control facilities), or the project facilitates an open space use, or the facility is an integral part of a larger network which is impractical or uneconomical to relocate, such as a road. In such cases, FEMA must also examine the possible eects of not restoring the facility, minimizing floodplain or wetland impacts, and determining both an overriding public need for the facility clearly outweighs the Executive Order requirements to avoid the floodplain or wetland, and the site selected is the only practicable alternative. The State 1582 and local oicials will confirm to FEMA the proposed actions comply with all applicable federal, state, and local floodplain management and wetland protection requirements. The Public Assistance (PA) Federal Flood Risk Management Standard (FFRMS) partial implementation policy, eective for all major disasters declared on or aer June 3, 2022, applies to PA projects in the 1% annual chance floodplain (1% and 0.2% annual chance floodplains for critical actions) involving new construction of structures, structures that have a substantial damage determination, or structures that require substantial improvement. The policy applies regardless of the cause of damage. The Hazard Mitigation Assistance (HMA) FFRMS partial implementation policy applies to non- critical actions involving structure elevation, dry floodproofing, and mitigation reconstruction in the 1% annual chance floodplain. For all FEMA programs and project types, if a state, local, tribal, or territorial government has its own higher elevation standard, FEMA requires use of the higher standard. FEMA program policies also reference additional consensus codes and standards, such as ASCE-24-14, that incorporate additional elevation requirements beyond the base flood elevation. B. Federal Actions Aecting Historic Properties Section 106 of the NHPA requires FEMA to consider the eects of its activities (known as undertakings) on any historic property and to aord the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on such projects before the expenditure of any federal funds. An Individual Assistance, Public Assistance, or Hazard Mitigation Grant Program activity is an “undertaking” for the purposes of the NHPA, and a historic property is any property which is included in, or eligible for inclusion in, the National Register of Historic Places (NRHP). For historic properties which will not be adversely aected by FEMAʼs undertaking, this will be the only public notice. FEMA may provide additional public notices if a proposed FEMA undertaking would adversely aect a historic property. III. Further Information or Comment The Rehabilitation Act of 1973 protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance. Any recipient or sub- recipient of federal funds is required to make their programs accessible to individuals 1683 with disabilities. Its protections apply to all programs and businesses receiving any federal funds. This applies to all elements of physical/architectural, programmatic and communication accessibility in all services and activities conducted by or funded by FEMA. FEMA intends to comply with the Rehabilitation Act in all federally conducted and assisted programs in alignment with the principals of whole community inclusion and universal accessibility. Executive Orders 13985 and 14008 further address the need to achieve environmental justice and equity across the federal government. The issuance of the new executive orders more than 20 years aer Executive Order 12898 was signed indicates the administrationʼs directive to federal agencies to renew their energy, eort, resources, and attention to environmental justice. FEMA is working with applicants/sub-applicants to identify communities with Environmental Justice concerns and provide an avenue for local groups and non-profits with an Environmental Justice mission to self-identify so FEMA Programs can start to work with them on specific projects from the beginning of the application process. FEMA also intends to provide HMGP funding to the State of California to mitigate future disaster damages. These projects may include construction of new facilities, modification of existing, undamaged facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to mitigate future disaster damages. In the course of developing project proposals, subsequent public notices will be published if necessary, as more specific information becomes available. This will be the only public notice regarding the actions described above for which FEMA may provide financial assistance under the Individual Assistance, Public Assistance, and Hazard Mitigation Grant Programs. Interested persons may obtain information about these actions or a specific project by writing to the Federal Emergency Management Agency Region RIX Oice, Regional Environmental Oicer, Kenneth Sessa, 1111 Broadway, Suite 1200, Oakland, CA 94607. All comments concerning this public notice must be submitted in writing to the Region RIX Oice within 30 days of its publication. Last updated February 3, 2023 1784 Disasters & Assistance Grants Floods & Maps Emergency Management About Work With Us National Terrorism Advisory System Return to top Contact FEMA FEMA.gov An oicial website of the U.S. Department of Homeland Security Accessibility Accountability Careers Civil Rights Contact Us FOIA Glossary No FEAR Act Plug-Ins Privacy Report Disaster Fraud Website Information DHS.gov USA.gov Inspector General 1885 Apply for Assistance An oicial website of the United States government Here’s how you know 4750-DR-CA Public Notice 001 English Español Tagalog 简体中文 Notice Date December 27, 2023 The U.S. Department of Homeland Securityʼs Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to provide financial assistance to the State of California, local and Indian tribal governments, and private nonprofit organizations under major disaster declaration FEMA-4750-DR-CA. This notice applies to the Public Assistance (PA) and Hazard Mitigation Grant (HMGP) programs implemented under the authority of the Robert T. Staord Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207. This public notice concerns activities that may aect historic properties, activities that are in or aect wetland areas or the 100-year floodplain, and critical actions within the 500-year floodplain. Such activities may adversely aect an historic property, floodplain, or wetland, or may result in continuing vulnerability to flood damage. I. Public Notice – Major Disaster Declaration FEMA-4750-DR-CA and Overview of Authorized Assistance The President declared a major disaster for the State of California on November 21, 2023, as a result of flooding resulting from Tropical Storm Hillary that began on August 19, 2023, and ended on August 21, 2023, pursuant to his authority under the Robert T. 1986 Staord Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288 (1974) (codified as amended at 42 U.S.C. § 5121 et seq.) (Staord Act). This declaration has designated as eligible for Public Assistance, Categories A and B emergency work, and C thru G permanent work, for the following Counties: Imperial, Inyo, Kern, Riverside, and Siskiyou Counties. Additional counties may be designated at a later date. The Hazard Mitigation Grant Program is available statewide. The Public Assistance Program is authorized by Sections 403, 406, and 407 of the Staord Act. FEMA may provide financial assistance under the Public Assistance Program for the State of California, local and Indian tribal governments, and private nonprofit organizations to perform debris removal and emergency protective measures. The Hazard Mitigation Grant Program is authorized by Section 404 of the Staord Act. Under the Hazard Mitigation Grant Program, FEMA may provide financial assistance for the State of California, local and Indian tribal governments, and private nonprofit organizations to implement mitigation measures to reduce the risk of life and property from future disasters during the recovery from the major disaster. In the course of developing project proposals, subsequent public notices will be published, if necessary, as more specific information becomes available. II. Public Notice – Financial Assistance for Activities that Aect Historic Properties or Located in or that Aect Wetlands Areas or Floodplains Some of the activities for which FEMA provides financial assistance under the Public Assistance and Hazard Mitigation Grant Programs may aect historic properties, may be in or aect wetland areas or the 100-year floodplain, and may involve critical actions within the 500-year floodplain. In accordance with all requirements of the National Environmental Policy Act (NEPA), all federal actions must be reviewed and evaluated for feasible alternatives. FEMA must also comply with Executive Order 11988, Floodplain Management; Executive Order 11990, Protection of Wetlands; the National Historic Preservation Act of 1966, Pub. L. No. 89-655 (1966) (codified as amended at 16 U.S.C. § 470 et seq.) (NHPA); and the implementing regulations at 44 C.F.R. pt. 9 and 36 C.F.R. pt. 800. The executive orders, NHPA, and regulations require FEMA to provide public notice for certain activities as part of approving the award of financial assistance for specific projects. 2087 A. Federal Actions in or Aecting Floodplains and Wetlands FEMA has determined that for certain types of facilities there are normally no alternatives to restoration in the floodplain/wetland. These are facilities that meet all of the following criteria: 1) FEMAʼs estimate of the cost of repairs is less than 50-percent of the cost to replace the entire facility, and is less than $100,000; 2) the facility is not located in a floodway; 3) the facility has not sustained major structural damage in a previous presidentially declared flooding disaster or emergency; and 4) the facility is not critical (e.g., the facility is not a hospital, generating plant, emergency operations center, or a facility that contains dangerous materials). FEMA intends to provide assistance for the restoration of these facilities to their pre-disaster condition, except that certain measures to mitigate the eects of future flooding or other hazards may be included in the work. For example, a bridge or culvert restoration may include a larger waterway opening to decrease the risk of future washouts. For routine activities, this will be the only public notice provided. Other activities and those involving facilities that do not meet the four criteria are required to undergo more detailed review, including study of alternate locations. Subsequent public notices regarding such projects will be published, if necessary, as more specific information becomes available. In many cases, an applicant may have started facility restoration before federal involvement. Even if the facility must undergo detailed review and analysis of alternate locations, FEMA will fund eligible restoration at the original location if the facility is functionally dependent on its floodplain location (e.g., bridges and piers), or the project facilitates an open space use, or the facility is an integral part of a larger network that is impractical or uneconomical to relocate, such as a road. In such cases, FEMA must also examine the possible eects of not restoring the facility, minimize floodplain/wetland impacts, and determine both that an overriding public need for the facility clearly outweighs the Executive Order requirements to avoid the floodplain/wetland, and that the site is the only practicable alternative. The State of California and local oicials will confirm to FEMA that proposed actions comply with all applicable state and local floodplain management and wetland protection requirements. The Public Assistance (PA) Federal Flood Risk Management Standard (FFRMS) partial implementation policy, eective for all major disasters declared on or aer June 3, 2022, applies to PA projects in the 1% annual chance floodplain (1% and 0.2% annual chance floodplains for critical actions) involving new construction of structures, structures that 2188 have a substantial damage determination, or structures that require substantial improvement. The policy applies regardless of the cause of damage. The Hazard Mitigation Assistance (HMA) FFRMS partial implementation policy applies to non-critical actions involving structure elevation, dry floodproofing, and mitigation reconstruction in the 1% annual chance floodplain. For all FEMA programs and project types, if a state, local, tribal, or territorial government has its own higher elevation standard, FEMA requires use of the higher standard. FEMA program policies also reference additional consensus codes and standards, such as ASCE-24-14, that incorporate additional elevation requirements beyond the base flood elevation. B. Federal Actions Aecting Historic Properties Section 106 of the NHPA requires FEMA to consider the eects of its activities (known as undertakings) on any historic property and to aord the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on such projects before the expenditure of any federal funds. A Public Assistance or Hazard Mitigation Grant Program activity is an “undertaking” for the purposes of the NHPA, and a historic property is any property which is included in, or eligible for inclusion in, the National Register of Historic Places (NRHP). For historic properties which will not be adversely aected by FEMAʼs undertaking, this will be the only public notice. FEMA may provide additional public notices if a proposed FEMA undertaking would adversely aect a historic property. III. Further Information or Comment The Rehabilitation Act of 1973 protects the civil rights of persons with disabilities. It prohibits discrimination on the basis of disability by the federal government, federal contractors, and by recipients of federal financial assistance. Any recipient or sub- recipient of federal funds is required to make their programs accessible to individuals with disabilities. Its protections apply to all programs and businesses receiving any federal funds. This applies to all elements of physical/architectural, programmatic and communication accessibility in all services and activities conducted by or funded by FEMA. FEMA intends to comply with the Rehabilitation Act in all federally conducted and assisted programs in alignment with the principals of whole community inclusion and universal accessibility. Executive Orders 13985 and 14008 further address the need to achieve environmental justice and equity across the federal government. The issuance of the new executive orders more than 20 years aer Executive Order 12898 was signed indicates the 2289 Disasters & Assistance Grants Floods & Maps Emergency Management administrationʼs directive to federal agencies to renew their energy, eort, resources, and attention to environmental justice. FEMA is working with applicants/sub-applicants to identify communities with Environmental Justice concerns and provide an avenue for local groups and non-profits with an Environmental Justice mission to self-identify so FEMA Programs can start to work with them on specific projects from the beginning of the application process. FEMA also intends to provide HMGP funding to the State of California to mitigate future disaster damages. These projects may include construction of new facilities, modification of existing, undamaged facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to mitigate future disaster damages. In the course of developing project proposals, subsequent public notices will be published, if necessary, as more specific information becomes available. As noted, this may be the only public notice regarding the above-described actions under the PA and HMGP programs. Interested persons may obtain information about these actions or a specific project by writing to the FEMA Region IX oice at FEMA-RIX-EHP- Documents@fema.dhs.gov or by mail to the Regional Environmental Oicer, 111 Broadway, Suite 1200, Oakland, CA 94607-4052 at either address within 30 days of the date of this notice. Last updated December 27, 2023 Return to top 2390 About Work With Us National Terrorism Advisory System Contact FEMA FEMA.gov An oicial website of the U.S. Department of Homeland Security Accessibility Accountability Careers Civil Rights Contact Us FOIA Glossary No FEAR Act Plug-Ins Privacy Report Disaster Fraud Website Information DHS.gov USA.gov Inspector General 2491 Apply for Assistance An oicial website of the United States government Here’s how you know 4758-DR-CA Initial Notice English Notice Date February 19, 2024 Billing Code 9111-23-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4758-DR] [Docket ID FEMA-2024-0001] California; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of California (FEMA-4758-DR), dated February 19, 2024, and related determinations. DATE: The declaration was issued February 19, 2024. 2592 FOR FURTHER INFORMATION CONTACT: Dean Webster, Oice of Response and Recovery, Federal Emergency Manage ment Agency, 500 C Street, SW, Washington, DC 20472, (202) 646-2833. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated February 19, 2024, the President issued a major disaster declaration under the authority of the Robert T. Staord Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Staord Act”), as follows: I have determined that the damage in certain areas of the State of California resulting from a severe storm and flooding during the period of January 21 to January 23, 2024, is of suicient severity and magnitude to warrant a major disaster declaration under the Robert T. Staord Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Staord Act”). Therefore, I declare that such a major disaster exists in the State of California. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Individual Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Staord Act for Hazard Mitigation and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Staord Act. The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months aer the date of this declaration. 2693 The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, N. Allison Pfaendler, of FEMA is appointed to act as the Federal Coordinating Oicer for this major disaster. The following areas of the State of California have been designated as adversely aected by this major disaster: San Diego County for Individual Assistance. All areas within the State of California are eligible for assistance under the Hazard Mitigation Grant Program. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance - Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households - Other Needs; 97.036, Disaster Grants - Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. /s/ _______________________________________ Deanne Criswell, Administrator, 2794 Disasters & Assistance Grants Floods & Maps Emergency Management About Work With Us Federal Emergency Management Agency. Last updated February 29, 2024 Return to top Contact FEMA 2895 National Terrorism Advisory System FEMA.gov An oicial website of the U.S. Department of Homeland Security Accessibility Accountability Careers Civil Rights Contact Us FOIA Glossary No FEAR Act Plug-Ins Privacy Report Disaster Fraud Website Information DHS.gov USA.gov Inspector General 2996 Apply for Assistance An oicial website of the United States government Here’s how you know 4769-DR-CA Initial Notice English Notice Date April 13, 2024 Billing Code 9111-23-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4769-DR] [Docket ID FEMA-2024-0001] California; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of California (FEMA-4769-DR), dated April 13, 2024, and related determinations. DATE: The declaration was issued April 13, 2024. 3097 FOR FURTHER INFORMATION CONTACT: Dean Webster, Oice of Response and Recovery, Federal Emergency Manage ment Agency, 500 C Street, SW, Washington, DC 20472, (202) 646-2833. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated April 13, 2024, the President issued a major disaster declaration under the authority of the Robert T. Staord Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Staord Act”), as follows: I have determined that the damage in certain areas of the State of California resulting from severe winter storms, tornadoes, flooding, landslides, and mudslides during the period of January 31 to February 9, 2024, is of suicient severity and magnitude to warrant a major disaster declaration under the Robert T. Staord Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Staord Act”). Therefore, I declare that such a major disaster exists in the State of California. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Staord Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Staord Act. The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Andrew F. Grant, of FEMA is appointed to act as the Federal Coordinating Oicer for this major disaster. The following areas of the State of California have been designated as adversely aected by this major disaster: Butte, Glenn, Los Angeles, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, Sutter, and Ventura Counties for Public Assistance. 3198 Disasters & Assistance Grants All areas within the State of California are eligible for assistance under the Hazard Mitigation Grant Program. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance - Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households - Other Needs; 97.036, Disaster Grants - Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. /s/ _______________________________________ Deanne Criswell, Administrator, Federal Emergency Management Agency. Last updated April 22, 2024 Return to top 3299 Floods & Maps Emergency Management About Work With Us National Terrorism Advisory System Contact FEMA FEMA.gov An oicial website of the U.S. Department of Homeland Security Accessibility Accountability Careers Civil Rights Contact Us FOIA Glossary No FEAR Act Plug-Ins Privacy Report Disaster Fraud Website Information DHS.gov USA.gov Inspector General 33100 Agenda Item No.: 4.B Mtg. Date: 12/10/2024 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:RECEIVE AND FILE A PRESENTATION OVERVIEW FROM THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (CAL OES) REGARDING FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND CAL OES HAZARD MITIGATION ASSISTANCE PROGRAM DATE:December 10, 2024 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: CL_AGN_241210_CalOES_StateHMP_Presentation.pdf 1101 California Office of Emergency Services State Hazard Mitigation Program Robyn Fennig, CFM https://www.caloes.ca.gov/office-of-the-director/operations/recovery-directorate/hazard-mitigation/ December 10, 2024 2102 FEMA’s Definition of Hazard Mitigation Hazard Mitigation is any sustained action taken to reduce or eliminate long-term risk to people, property and the environment from natural hazards and their effects. 3103 Mitigation Program Cal OES Hazard Mitigation Program | 3 •Planning (state and local) informs development and selection of projects •Technical assistance provides to support community subapplications •Grants division manages FEMA Hazard Mitigation Assistance (HMA) grants •Quality Assurance Division provides support to monitor and measure effectiveness of program •Coordination with other federal, state, local and non-profit partners o FEMA Region IX o California Department of Water Resources (DWR) o California Governor’s Office of Planning and Research (OPR) o California Department of Forestry and Fire Protection (CAL FIRE) o US Army Corps of Engineers (USACE) 4104 State Hazard Mitigation Plan Cal OES Hazard Mitigation Program | 4 •Sets statewide mitigation priorities and documents statewide program efforts •Provides the foundation for strategies that should be considered in the Local Mitigation Plans (LHMPs) •Outlines actions to be implemented upon adoption •State agencies are covered by the SHMP for the purposes of Mitigation Grant Funding •Approved August 30, 2023 5105 Hazard Mitigation Assistance Funding Authorization Cal OES Hazard Mitigation Program | 5 •Hazard Mitigation Grant Program (HMGP): Funding for California hazard mitigation actions. Available after federal major disaster declarations. Ongoing acceptance of proposals (Notices of Interest or NOIs). •Building Resilient Infrastructure and Communities (BRIC): Annual, nationally-competitive program funding mitigation actions. Process starts each year in fall. •Flood Mitigation Assistance (FMA): Annual, nationally-competitive program funding mitigation actions that protect properties insured by National Flood Insurance Program (NFIP). Process starts each year in fall. •FMA Swift Current: provides funding to mitigate buildings insured through the National Flood Insurance Program after a major disaster declaration following a flood-related disaster event to reduce risk against future flood damage. •Legislative Pre-Disaster Mitigation Grant Program (LPDM): Annual earmark program overseen by the DHS Appropriations Committee •Rehabilitation of High Hazard Potential Dam (HHPD) Grant Program: provides technical, planning, design, and construction assistance in the form of grants for rehabilitation of eligible high hazard potential dam in jurisdictions that address dam hazards in their LHMPs (managed by DWR)6106 Eligible Subapplicant Entities Cal OES Hazard Mitigation Program | 6 •State Agencies •Local Governments: Counties, Cities, Towns, etc. •Special Districts •Federally Recognized Tribes •Private Nonprofit Organizations (PNPs) (not eligible for BRIC) •The entity must have a FEMA-approved and locally adopted LHMP •PNPs in HMGP are exempt from this requirement 7107 Application Requirements (FEMA) Cal OES Hazard Mitigation Program| 7 •Must have a FEMA-approved and locally-adopted Local Hazard Mitigation Plan •Participating in a multijurisdictional process with Rolling Hills Estates, Rancho Palos Verdes, Palos Verdes Estates, and two geologic hazard abatement districts (Klondike Canyon and Albalone Cove) – grant awarded kickoff took place October 2024 •Would not be eligible for a grant until the planning process is complete and it’s been adopted •Long-term, standalone solution •Cost-effective using FEMA’s Benefit Cost Analysis toolkit; benefit cost ratio 1.0 or greater •48 month period of performance •25% non-federal cost share match required •No work can begin until it’s approved by FEMA •City of Rolling Hills has had several HMGP subgrants •DR-4382 – wildfire mitigation project to underground power lines in partnership with SoCal Edison •DR-4382 – vegetative management/fuel break/erosion control •DR-4344 – wildfire/seismic mitigation project to underground power lines 8108 Eligible Activities Cal OES Hazard Mitigation Program | 8 •Planning Grants: deliverable is a FEMA-approved LHMP (new or update) •Planning-related activity grants aim to integrate LHMPs to other planning mechanisms, outreach/education for your LHMP or floodplain management •Project scoping should be used when the mitigation problem and solution are not known, and you need to evaluate a potential intervention (i.e. the proposed activity results in a resource, strategy, or tangible mitigation product that will reduce or eliminate risk and damage from future flooding and increase resilience) •Construction projects: structural mitigation (A/D, elevation, reconstruction), wildfire mitigation, nature-based solutions. •Nature-based solutions include, but are not limited to, restoration of grasslands, rivers, floodplains, wetlands, dunes, and reefs; living shorelines; soil stabilization; aquiver storage and recovery; bioretention systems 9109 Submitting a Subgrant – Cal OES Process Cal OES Hazard Mitigation Program| 9 •Request a Project Scoping Call •Submit a Notice of Interest (NOI) – accepted anytime, priority given to subapplicants who submit by deadlines for specific NOFOs in online system •NOI reviewed by Cal OES, subapplicants with eligible activities will be invited to attend a subapplication development webinar/workshops •Subapplication submitted to Cal OES in our online system •Cal OES reviews subapplications •Request for Information (RFI) •Cal OES submits all subapplications to FEMA •FEMA may have additional RFIs 10110 Cal OES Assistance – Technical Assistance Additional Points: Ensure detailed Scope of Work (SoW) •Location •Purpose •Approach •Feasibility •Expected outcomes •Benefits of the activity Cost estimate and narrative describing the anticipated costs Data collection for cost-effectiveness screening A FEMA credible BCA is key. If the project is preliminary, phase the project and include a rerun of the BCA as a Phase I deliverable Identification of the Problem •Problem statement and history of hazards •What is the hazard and risk? •How long has it been occurring? •What are the damages and loss of function/service? •Note quantitative and qualitative losses •Future conditions (SLR, climate impacts, demographic changes, etc.) •How is climate change worsening the problem? Potential Projects/Solutions •Include: •Hazard Mitigation Planning •Planning Studies •Feasibility Studies •Capital Project Plans •New budgetary need requests •Comprehensive stakeholder engagement for project identification •Do you know if solution is feasible? •What may be the challenges with implementation? Technical Assistance (TA) •Assistance with project scoping •How to quickly identify projects that may be eligible, feasibility, cost-effective, and competitive •Goal is to identify projects that will be competitive with FEMA’s priorities for BRIC & FMA •Focus time and resources on good, fundable projects Cal OES Hazard Mitigation Program| 10 11111 BRIC Funding by Year Cal OES Hazard Mitigation Program | 11 $95,448,982.00 $180,180,256.00 $501,828,488.00 $238,226,147.00 $404,551,018.00 $819,819,744.00 $1,798,171,512.00 $761,773,853.00 BRIC 2020 BRIC 2021 BRIC 2022 BRIC 2023 Funding Available by Year California Rest of Nation 12112 California BRIC History Cal OES Hazard Mitigation Program| 12 CA BRIC 2021 (Fed Share) $66,274,460 $180,180,256 CA BRIC 2023 (Fed Share) $338,363,247 $238,226,147 CA BRIC 2022 (Fed Share) $501,828,488 CA BRIC 2020 (Fed Share) $377,721,964 $95,448,982 BRIC 2021 (Competitive) Total Funding Available: $1 billion California Selected: $180 million (18%) Projects Submitted: 11 Projects Selected: 9 BRIC 2020 (Competitive) Total Funding Available: $500 million California Selected: $95.5 million (19.1%) Projects Submitted: 26 Projects Selected: 4 BRIC 2023 (Competitive) Total Funding Available: $1 billion California Selected: $238 million (24%) Projects Submitted: 24 Projects Selected: 13 BRIC 2022 (Competitive) Total Funding Available: $2.3 billion California Selected: $501.8 million (21.8%) Projects Submitted: 19 Projects Selected: 19 SelectedNot Selected 13113 Next Steps Cal OES Hazard Mitigation Program| 13 •Submitting a Notice of Interest •Discuss what data is available, specifically for the BCA •Outline what goes into a budget, scope of work, and schedule •Complete the local planning process – adopt the plan! •Recommend meeting with other communities 14114 Thank you! 15115 116 117 118 119 Hazard Mitigation Grant Program (HMGP) DR-4856 Notice of Funding Opportunity (NOFO) HMA Grant Opportunities | California Governor's Office of Emergency ServicesApril 23, 2025 120 DR-4856 Timeline HMGP Overview / Eligibility DR-4856 Funding Priorities Next Steps Q&A DR-4856 HMGP NOFO| 2 121 Cal OES DR-4856 HMGP Timeline DR-4856 HMGP NOFO| 3 2025 APRIL MAY JUNE JULY AUGUST SEPTEMBER 4/2: Cal OES releases the DR- 4856 HMGP NOFO 5/29: Notice of Interest (NOIs) are due to Cal OES via the Engage Portal. Once the NOI is approved, the subapplication is available for content / development. Ongoing technical assistance, webinars, and subapplication development Ongoing technical assistance, webinars, and subapplication development Ongoing technical assistance, webinars, and subapplication development 9/15: Subapplications are due to Cal OES via the Engage Portal (Cal OES RFIs to follow post subapplication submission) Critical note: Cal OES decision / FEMA grant award will happen post-September 2025. It is likely that FEMA grant awards for Advance Assistance and mitigation projects may not occur until 2027 / 2028. Only non-ground disturbing pre-award work can begin before the grant award (needs to be clearly identified in the subapplication). This work is at risk (only reimbursed if the subapplication is funded / procured properly) and no construction / groundbreaking activities are allowed before grant award. Eligible pre-award costs must have occurred after the disaster declaration date - 1/8/25. *Rolling HMGP NOIs / subapplications are transferred to DR-4856 (next opportunity) 122 Cal OES DR-4856 HMGP Timeline (con’t) DR-4856 HMGP NOFO| 4 2025 APRIL MAY JUNE JULY AUGUST SEPTEMBER 4/2: Cal OES releases the DR- 4856 HMGP NOFO - Subapplicant should identify potential activities for NOI development - Project scoping call to review potential activities with Cal OES for eligibility determination - Draft and submit NOI 5/29: Notice of Interest (NOIs) are due to Cal OES via the Engage Portal. Once the NOI is approved, the subapplication is available for content / development. - Subapplicant should identify potential activities for NOI development - Project scoping call to review potential activities with Cal OES for eligibility determination - Draft and submit NOI Ongoing technical assistance, webinars, and subapplication development - Add project team to the subapplication (only Responsible Representative can do this) - Gather materials needed for subapplication development including BCA data - Attend webinars - Participate in TA calls - Begin subapplication Ongoing technical assistance, webinars, and subapplication development - Continue subapplication - Attend webinars and participate in TA calls - Mitigation projects should pre-test the BCA (determine cost- effective) - Review subapplication supporting materials (templates: budget narrative, BCA narrative, Gantt chart) Ongoing technical assistance, webinars, and subapplication development - Continue subapplication - Attend webinars and participate in TA calls - QA/QC subapplication and materials (ensure SOW, schedule, and budget align and that costs are calculated for 2027/2028 award - Ensure budget is broken out into reasonable line items 9/15: Subapplications are due to Cal OES via the Engage Portal - Attend Cal OES webinars and Office Hours - Finalize subapplication and attachments - Responsible Representative (RR) submits subapplication to Cal OES in Engage portal 123 Tentative Summer Webinars (Subapplicants with Approved NOI) DR-4856 HMGP NOFO| 5 124 DR-4856 Timeline HMGP Overview / Eligibility DR-4856 Funding Priorities Next Steps Q&A DR-4856 HMGP NOFO| 6125 Eligibility and Requirements Overview DR-4856 HMGP NOFO| 7 Eligible: Local governments, State agencies, cities, counties, special districts, tribal governments and private non-profits (PNPs) Not Eligible: Businesses, individuals Eligible subapplicant1 FEMA approved & locally adopted mitigation plan2 No construction or groundbreaking before grant award3 Approved Notice of Interest (NOI)4 Scope of work with a clear level of protection increase5 Cost-effectiveness / BCA 7 Non-Federal cost share (local match)8 Period of Performance (POP) of 48 months9 Not dependent on other projects or funding sources (standalone mitigation solution)10 Must comply with 2 CRF 200 and Environmental & Historic Preservation 11 Reimbursement based grant with eligible grant management costs and pre-award costs12 Mitigating natural hazards6 126 Eligible HMGP Subapplication Types DR-4856 HMGP NOFO| 8 Local Hazard Mitigation Plans •Activities include developing a new hazard mitigation plan or updating a current mitigation plan. Communities may participate in a single jurisdictional LHMP or participate in a multi- jurisdictional LHMP with multiple entities contributing to the same planning process and document. 36 months - period of performance. Planning Related Activities •Activities include updating or enhancing sections of the current FEMA-approved mitigation plan (risk and vulnerability assessments), and integrating information from mitigation plans with other planning efforts (disaster recovery, comprehensive plans, long-term community planning initiatives). 36 months - period of performance. Projects (Shovel-Ready / Phased) •Hazard mitigation projects that actively reduce the risk associated with natural hazards. Projects must be eligible, technically feasible, cost-effective, and environmental & historic preservation (EHP) compliant. Eligible project and hazard types are available outlined in the 2024 Hazard Mitigation Assistance Program and Policy Guide. No construction can begin before grant award. 48 months - period of performance. Advance Assistance (AA) •Activities include the planning and technical studies needed for the development of future shovel ready mitigation projects and future completed HMA subapplications. Advance Assistance can be utilized when the preferred alternative is not known. The activities typically seen in AA include seismic assessments, H&H / modelling, alternative analysis, feasibility studies, 60% design, CEQA, EHP studies, BCA development, site selection, homeowner engagement, and a future project subapplication. 48 months - period of performance. NO CONSTRUCTION IN AA 127 Eligible HMGP Subapplication Types (con’t) DR-4856 HMGP NOFO| 9 Building Codes and Standards •Activities include the implementation of codes, enhancements to existing adopted codes, development of professional workforce, evaluation of land use and zoning ordinances, and post- disaster code enforcement (track / enforcement of disaster damaged properties and technical assistance for disaster-damaged structures). 48 months - period of performance. 5% Initiative Activities •Activities are defined as mitigation actions that meet all HMGP requirements but may be difficult to evaluate against traditional program cost-effectiveness criteria. Examples include early warning systems, public awareness and education for mitigation campaigns, and hazard identification or mapping. 48 months - period of performance. 128 Cost Effectiveness / Benefit-Cost Analysis (BCA) •Needed for all mitigation projects over $1 million (total project cost) •Project must achieve a Benefit Cost Ratio (BCR) ≥ 1.0 •Must use FEMA BCA Toolkit V.6.0 •All data inputs require credible documentation and justified via the required BCA methodology report •These future costs or losses can include, but are not limited to: •Direct damages (structure & contents damage, etc.) •Loss of function / service •Displacement costs •Response / recovery costs •Other activities (AA, 5%, codes, plans, planning related, EEWS) and projects under $1 million require a cost-effectiveness narrative (not a traditional BCA) •Pre-calculated benefits also available for certain project types (projects only – hospital generator, acquisition, hurricane wind retrofits, elevations, mit recon, tornado safe rooms, and post-wildfire) DR-4856 HMGP NOFO| 10 Benefits ÷ Costs ≥ 1.0 129 Environmental & Historic Preservation (EHP) •Comply with California Environmental Quality Act (CEQA) in advance of HMGP application and provide documentation with application, including any completed surveys in the project area (biological and archeological surveys) •Frontload consultation with all relevant Federal, State and local agencies and provide communication within subapplication •Provide visual supporting material (relevant maps, photos) of the project work areas, staging areas, and any areas that could be impacted by the project. On these visual materials identify critical habitat, locations of endangered species, historic landmarks and any other assets which may be impacted by the project. DR-4856 HMGP NOFO| 11130 Procurement Additional Procurement Guidance •Conflict of Interest: https://www.fema.gov/sites/default/fil es/2020- 09/fema_using_contract_support_dev elopment_hazard_mitigation_assistanc e_grant_applications_07-16-15.pdf •2 CFR 200: https://www.ecfr.gov/current/title- 2/subtitle-A/chapter-II/part- 200/subpart-D/subject-group- ECFR45ddd4419ad436d •PDAT: https://www.fema.gov/sites/default/fil es/documents/fema_PDAT-field- manual_102021.pdf •Contract Provisions: https://www.fema.gov/sites/default/fil es/documents/fema_contract- provisions-guide_6-14-2021.pdf DR-4856 HMGP NOFO| 12 •All vendors involved in the subapplication development and scope implementation must be procured in line with 2 CFR 200 along with State and Local regulations. The most stringent applies. •In accordance with 2 CFR 200, vendors who assist with subapplication development will be ineligible to compete for subsequent procurements/contracts on the same subaward due to conflict of interest [i.e., future Phase I (design) and/or Phase II work (construction)]. 131 Hazard Mitigation Planning Eligibility Factors •Eligible subapplicants must have a FEMA approved and adopted local hazard mitigation plan (LHMP) or tribal hazard mitigation plan prior to the FEMA Notice of Grant Award. •Eligible subapplicants that do not meet the hazard mitigation planning requirement may have their county or an eligible private nonprofit apply on their behalf. •If a county or eligible private nonprofit applies on behalf of an eligible subapplicant, the county in which the work will be performed must meet the LHMP requirement. DR-4856 HMGP NOFO| 13132 DR-4856 Timeline HMGP Overview / Eligibility DR-4856 Funding Priorities Next Steps Q&A DR-4856 HMGP NOFO| 14133 DR-4856 Funding Priorities •Expedite rebuilding (streamline permitting and post-disaster code enforcement activities) •Innovative wildfire activities/projects • This includes grants for homeowners to retrofit their homes to be more fire resistant, AI-driven technology, and hazardous fuels reduction/defensible space. •Strengthen infrastructure to withstand wildfires, flooding, and other hazards and ensure essential services remain operational (water resource infrastructure, grid resilience, and storm-resistant infrastructure) • This includes stormwater capture, groundwater recharge, enhancing reservoir capacity to mitigate both drought and flood risks, accelerating undergrounding of power lines in wildfire-prone areas, and landslide barriers/erosion control measures to protect communities from post-wildfire conditions. •Multi -Hazard mitigation initiatives that address interconnected hazard risks including wildfire, flooding, and drought (fire-flood prevention activities, expanding reclaimed water use for drought and wildfire mitigation). •Integrated water resource management (groundwater recharge, stormwater diversion, and flood mitigation. •Activities that foster a holistic approach to community resilience – partnering across Federal, State, tribal, local governments, non-profits, and the private sector. DR-4856 HMGP NOFO| 15134 Local Hazard Mitigation Plans DR-4856 HMGP NOFO| 16 •Hazard mitigation planning is the foundation for mitigation project development and future investments. •Mitigation plans are strategic documents that guide communities to engage partners and identify actions to improve their overall resilience. •Funds can be used for new plan or plan update. •MJHMPs with at least 10 participants (Federal Share Cap $375K); •MJHMPs with five (5) to nine (9) participants (Federal Share Cap $300K); •MJHMPs with 2-4 participants (Federal Share Cap $250K); and •Single Jurisdiction plans (Federal Share Cap $165K). Key Information •Up to 7% of the total available HMGP funds for California may be used to fund the development of hazard mitigation plans, and hazard mitigation plan updates. •Cal OES recommends that jurisdictions apply for a grant to update their LHMP up to three years before the expiration of their current plan. •Plans need to be updated every five years to be compliant and eligible for hazard mitigation project funding (HMA projects). 135 Advance Assistance (AA) •Seed funding to bridge the gap between hazard mitigation plans and project subapplications. •Common deliverables for AA funding include technical studies, alternative analyses, selection of a preferred alternative, design, EHP, cost estimates, Benefit Cost Analysis (BCA), and development of a future project subapplication. •No construction can occur in AA. DR-4856 HMGP NOFO| 17 Key Information •Up to 25% of the total available HMGP funds for California may be used to develop and/or design projects for HMGP or other HMA programs. 136 Hazard Mitigation Projects •Projects can be phased (Phase I is design / Phase II is construction) or shovel ready (construction only). •Eligible project types must mitigate a natural hazard. •Information needed for project subapplications: •Preferred alternative (detailed scope of work) •Two alternatives (one can be no action) •Technical feasibility and project effectiveness (conformance with established codes / engineering practices) •Cost and cost narrative •BCA / cost-effectiveness •EHP (NEPA, NHPA, Engaged Species, EO11988, etc.) •Schedule •Maintenance letter •Match commitment letter •Considerations for easements and/or right of entries •Homeowner participation if required DR-4856 HMGP NOFO| 18 Eligible Project Types •Wildfire mitigation (defensible space, ignition-resistant construction, fuels reduction, post-wildfire flooding and erosion control, and undergrounding) •Mitigation reconstruction •Structure elevation •Stabilization •Flood risk reduction •Property acquisition / demo •Tsunami vertical evacuation refuge •Safe rooms •Retrofits (seismic, wind, wildfire, snow, extreme temperature, and air quality) •Secondary power sources •Aquifer recharge storage and recovery •Other solutions (natured based solutions like wetland restoration) Phased projects: if all sites are not known, 60% design has not occurred, easements and homeowner engagement has not occurred, geotech work needs to be completed 137 Flood Mitigation Project Types DR-4856 HMGP NOFO| 19 Flood Control/Drainage: Vegetation Management for Shoreline Management Flood Control/Drainage: Flood Protection Measures Flood Control/Drainage: Stormwater Management Property Specific Flood Mitigation •Coastal, riverine, riparian •Soil stabilization and erosion control activities •Wetland restoration •Floodplain and stream restoration •Floodwalls •Groins •Seawalls •Jetties •Breakwaters •Strengthen or harden water systems that were burned and caused contamination •Acquisition •Mitigation reconstruction •Floodproofing •Dry and wet floodproofing •Non-structural retrofitting 138 Wildfire / Post-Fire Mitigation Project Types DR-4856 HMGP NOFO| 20 Wildfire Mitigation Infrastructure Retrofit Soil and Slope Stabilization Post Wildfire Flood Prevention • Defensible space • Hazardous fuel reduction • Removing standing burned trees • Ignition- resistant construction • Strengthen or harden water systems that were burned and caused contamination • Reseeding Ground Cover • Planting grass • Mulching straw • Erosion Control • Installing debris traps • Modifying or removing culverts • Adding drainage dips/spillway • Constructing straw,rock or log dams to prevent flooding 139 Seismic Mitigation Project Types DR-4856 HMGP NOFO| 21 Non-structural of existing buildings and facilities •Reinforce parapets and chimneys •Secure cabinets and heavy furnishings •Brace building utility equipment Structural retrofitting of existing buildings •Strengthen load paths •Base isolation technique •Mass reduction technique •Fiber reinforced polymer Infrastructure Retrofit •Pipe upgrades •Power facility hardening •Bridge retrofits 140 Utility & Infrastructure Protection Project Types DR-4856 HMGP NOFO| 22 Utility and Infrastructure protection covers a wide array of hazards (e.g. drought, flood, earthquake) and eligible activities such as: •Utility undergrounding (wildfire) •Seismic retrofitting of infrastructure / pipelines (earthquake) •Infrastructure relocation (flood, seismic) •Dam and reservoir retrofitting (flood or seismic) •Creation of levees surrounding critical infrastructure •It was not possible to create a subapplication specific to each potential mitigation solution to address this need – this subapplication type acts as a catchall for many different types of projects 141 Drought Mitigation Project Types DR-4856 HMGP NOFO| 23 •Aquifer Storage and Recharge Projects (ASR) •Flood water diversion into above ground reservoirs to supplement drought years •Installation and construction of new production wells •Water treatment facilities and projects with water treatment components •Water infrastructure to increase the availability of grey water to offset potable water uses 142 5% Initiative Activities •Up to 5% of total HMGP funds may be used for activities that are difficult to evaluate against the traditional program’s cost effectiveness (and comply with all applicable HMGP eligibility criteria). •Early warning systems that alert people about natural hazards such as earthquakes, tornadoes, wildfires, tsunami, and flash floods; •This includes advanced fire detection systems that expand AI driven fire prediction models and satellite monitoring •Education and outreach •Mapping (including flood after fire); •This includes AI-driven hazard mapping to guide regional resilience planning DR-4856 HMGP NOFO| 24143 Building Codes and Standards •Up to 5% of total HMGP funds may be used for these activities. •The evaluation of the implementation of codes; •Enhancements to existing adopted does; •Development of professional workforce; •Evaluation of land use and zoning ordinances; •Post-disaster code enforcement (track / enforcement of disaster damaged properties and technical assistance for disaster-damaged structures). •Use 5% codes and standards subapplication type in Engage. DR-4856 HMGP NOFO| 25 144 Planning-Related Activities •Activities include updating or enhancing sections of the current FEMA-approved mitigation plan (risk / vulnerability assessments), strengthening the hazard mitigation strategy, and integrating information from mitigation plans with other planning efforts (disaster recovery, comprehensive plans, long-term community planning initiatives). •Must result in a clearly defined product that informs the hazard mitigation plan. DR-4856 HMGP NOFO| 26145 DR-4856 Timeline HMGP Overview / Eligibility DR-4856 Funding Priorities Next Steps Q&A DR-4856 HMGP NOFO| 27146 DR4856 NOFO| 28 147 Direct Link to NOFO: https://www.caloes.ca.gov/wp-content/uploads/Hazard- Mitigation/Documents/DR-4856-HMGP-NOFO_ADA.pdf Grant Opportunities DR4856 NOFO| 29148 Notice of Interest (NOI) DR4856 NOFO| 30149 Engage Cal OES Portal DR4856 NOFO| 31 1.Select the “Sign Up” link within the login box 2.Populate the sign-up form and select the entity type 3.Once the entity type is selected, the system will request the name or the type of entity •County Name •State Agency Name •Non-Governmental Entity Type •City Name •Tribal Name 150 Notice of Interest (NOI) DR4856 NOFO| 32 Click HMA 151 Notice of Interest (NOI): 3 Steps DR4856 NOFO | 33 Submit NOI Upper Left Corner, click submit NOI Notice of Interest 1 2 3 152 Submitting the Notice of Interest Cal OES NOI Process •Following submission of NOI, Cal OES performs high-level eligibility review •Cal OES may request technical assistance call to review the NOI •Depending on the outcome of the technical assistance, the NOI will either be approved or rejected •If the NOI is approved, the subapplicant can begin completing the subapplication DR-4856 HMGP NOFO| 34 Interested subapplicants must submit a Notice of Interest (NOI) via the Engage Cal OES Portal prior to submitting a subapplication. Prior to submitting the NOI, subapplicants will need to be prepared to address the following questions: •What is the natural hazard to be addressed? •What is the problem caused by the natural hazard? •What are the consequences if the project is not completed? •What are the existing conditions and the proposed level-of-protection increase? NOI Contacts Be sure to include at least two proper “Primary Contacts” and two proper “Responsible Representatives” on the NOI to ensure continuity and seamless communication 153 Eligibility and Common Reasons for Follow-Up DR-4856 HMGP NOFO| 35 •Does not mitigate a natural hazard •Project is not compliant with code •Project is in the SFHA •The problem and mitigation solution are not aligned •The mitigation scope is vague or missing •NOI contains ineligible HMA language or ineligible activities •Local match amount is incorrect or local match source is not eligible •LHMP is expired or near expiring •Subapplication type is incorrect •Project and hazard do not match •Project title is ineligible •POP is missing grant closeout •There is a DOP •Work has started •SA is not responsible for O & M •Not an independent mitigation solution •Based on information in the NOI, the project needs to be phased •Lacks a level of protection increase 154 NOIs are Triaging Tools DR-4856 HMGP NOFO| 36 Not meant to be full eligibility, feasibility, and cost-effectiveness screening but meant to help the subapplicant determine if the project meets the minimum eligibility criteria and raise potential issues EARLY in the process (rather than after subapplication development and subapplication submission) 155 DR-4856 Next Steps •Read the NOFO •Confirm LHMP status via the Cal OES Hazard Mitigation Planning website •Be sure to sign-up for the listserv to receive Cal OES HMA notifications •Identify potential activities for NOI development •Reach out to Cal OES for a project scoping call to review potential activities •Complete a NOI via the Engage Cal OES Portal (open now and closes on 5/29/2025 for DR-4856) •Attend additional Cal OES sponsored webinars DR-4856 HMGP NOFO| 37156 DR-4856 Timeline HMGP Overview / Eligibility DR-4856 Funding Priorities Next Steps Q&A DR-4856 HMGP NOFO| 38157 Q & A Send all additional project scoping, Technical Assistance, and other questions to Cal OES Hazard Mitigation Assistance at: resilientca@caloes.ca.gov April 23, 2025 HMA Grant Opportunities | California Governor's Office of Emergency Services 158 Agenda Item No.: 12.B Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:KARINA BAÑALES, CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:CONSIDERATION OF ORDINANCE NO. 386 AMENDING CHAPTER 17.16 OF THE MUNICIPAL CODE REGARDING THE HEIGHT LIMITS OF SINGLE-FAMILY RESIDENTIAL HOMES, STABLES AND BARNS; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE DATE:June 23, 2025 BACKGROUND: On May 28, 2025, the City Council received a presentation from staff outlining the Planning Commission’s recommendations regarding height limits for single-family residences, stables, and barns (Attachment 03). Following the presentation, Ordinance No. 386 was introduced, proposing amendments to Chapter 17.16, Sections 17.16.060 and 17.16.080 of the Rolling Hills Municipal Code to formally establish these height limits. The Ordinance was scheduled for second reading and adoption on the June 9, 2025, consent calendar. However, during that meeting, Mayor Pieper requested that the item be pulled for further discussion. The Mayor expressed concerns about the proposed height limit and recommended increasing the maximum height from 18 feet to 21 feet, measured from the finished floor to the peak of the structure, for homes, barns, and stables. Mayor Pro Tem Dieringer also requested revisions to clarify the ordinance language, specifically, to ensure that attic or storage space within a structure does not count toward the 21-foot height limit. She further asked that staff clearly identify acceptable architectural styles or design features consistent with City expectations. As a result of these proposed substantive changes, the ordinance must return for further review and reintroduction. Staff and the City Attorney have since met to revise the language in response to the Council’s direction. A redline version of requested changes is provided (Attachment 02). This evening, staff is presenting the updated ordinance language for City Council’s 159 consideration. If the revisions are acceptable, staff will bring the ordinance back for a second reading and adoption at the July 7, 2025, City Council meeting. DISCUSSION: Staff, in coordination with the City Attorney, revised the ordinance language in response to Mayor Pieper’s request to increase the allowable height for homes, barns, and stables, as well as Mayor Pro Tem Dieringer’s request for clarification. Ordinance No. 386 (Attachment 1) proposes amendments to Chapter 17.16, specifically Sections 17.16.060 and 17.16.080 of the Rolling Hills Municipal Code, to establish updated height limits for single-family residences, stables, and barns. Ordinance Text as Presented on June 9 The revised language is reflected in the proposed amendment to Section 17.16.060 (Lot Area and Dimensions), with additions shown in underline and deletions in strikethrough, as follows: Development Standard Zone District RA-S-1 & RA-S-2 4. Height Limited One story, no greater than 18’ (mezzanines and lofts are not permitted) except for stables and barns which shall be no greater than 20’ Section 17.16.080 (Height limitation) of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: 17.16.080 - Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. The maximum height permitted from finished floor to the peak of the structure shall be no greater than eighteen (18) feet except that the maximum height permitted for stables and barns shall be no greater than twenty (20) feet measured from the finished floor to the highest peak of the structure, exclusive of accessory architectural features as determined by the City. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. 160 Updated Ordinance Text for Consideration A clean version of the updated ordinance text is provided below. Attachment 2 includes the proposed changes, with additions shown in blue text and deletions indicated by red strikethrough. It is important to note that any underlined text is considered new language. Development Standard Zone District RA-S-1 RA-S-2 4. Height Limited One story, no greater than 21’ (mezzanines and lofts are not permitted) except for stables and barns); see Section 17.16.080 17.16.080 - Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. 1. The maximum height permitted from finished floor to the highest peak of any building or structure shall be no greater than twenty-one (21) feet; and in no event shall the maximum height permitted for stables and barns (inclusive of any loft or storage area) exceed twenty-one (21) feet measured from the finished floor to the highest peak. For purposes of this subsection (A)(1), the height measurement shall be exclusive of projecting architectural features as defined in Section 17.12.160. 2. The maximum height permitted from finished floor of any building or structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: The following exceptions shall apply to the one-story limit specified in Section (A) above: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: Attachment 01 - 386_HeightLimit_Ordinance_F_A.pdf 161 Attachment 02 - 386_HeightLimit_Ordinance_F_A_Change-ProRedline.pdf Attachment 03 - CL_AGN_250528_CC_Item11A.pdf 162 ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 17.16 OF TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE TO AMEND THE RESIDENTIAL HEIGHT LIMIT, AND FINDING THE ORDINANCE TO BE CATEGORICALLY EXEMPT FROM CEQA. WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City is a semi-rural hillside community, characterized by predominantly single- story California ranch-style homes, large parcels with open space, and an abundance of equestrian facilities; and WHEREAS, one of the unique features of the City is the uniformity of homes throughout the years, which are typically limited to one story in height; and WHEREAS, in recent years, many homes have been constructed to maximize the building area on the lot, including increased height and a greater amount of grading to prepare many of the steeper properties for a structure; and WHEREAS, these trends have significantly altered the community’s character and affect surrounding properties, creating a high level of concern among residents related to development and design compatibility issues; and WHEREAS, the City Council desires to preserve and enhance the community’s character, particularly as it relates to residential building height; and WHEREAS, pursuant to the authority granted to the City by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, safety, and welfare; and WHEREAS, the City Council desires to amend the Rolling Hills Municipal Code to impose height limits on residential developments in the City; and WHEREAS, on April 15, 2025, the Planning Commission conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, on May 28, 2025, the City Council conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report and supporting documents, Planning Commission’s recommendation, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 163 2 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals above are incorporated by reference and adopted as findings by the City Council. Section 2. CEQA. The City Council finds that this Ordinance is determined to be categorically exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines, which applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance does not involve physical changes to the environment but rather regulates the height of residential developments. Since it does not result in any direct or indirect physical changes to the environment, there is no possibility that it could have a significant environmental impact. Section 3. General Plan. The City Council finds that this Ordinance is consistent with the goals and policies of the Rolling Hills General Plan. The proposed Ordinance is consistent with Housing Element Goal 2 “Maintain and enhance the quality of residential neighborhoods in Rolling Hills,” in support of the following policies: Policy 2.1: Encourage and assist in the maintenance and improvement of existing homes to maintain optimum standards of housing quality and design. Policy 2.3: Require compatible design to minimize the impact of residential redevelopment on existing residences. By imposing a height limit on residential development in the City, this Ordinance will ensure future development is compatible with the surrounding neighborhood and environment. Section 4. The Development Standard table in Section 17.16.060 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: Development Standard Zone District RA-S-1 RA-S-2 4. Height Limitation One story, no greater than 21’ (mezzanines and lofts are not permitted) except for stables and barns); see Section 17.16.080 Section 5. Section 17.16.080 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: 17.16.080 - Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. 164 3 1. The maximum height permitted from finished floor to the highest peak of any building or structure shall be no greater than twenty-one (21) feet; and in no event shall the maximum height permitted for stables and barns (inclusive of any loft or storage area) exceed twenty-one (21) feet measured from the finished floor to the highest peak. For purposes of this subsection (A)(1), the height measurement shall be exclusive of projecting architectural features as defined in Section 17.12.160. 2, The maximum height permitted from finished floor of any building or structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: The following exceptions shall apply to the one-story limit specified in Section (A) above: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. Section 6. The City Council’s actions are made upon review of the Planning Commission’s recommendation, the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance. Section 7. Effective Date. This Ordinance takes effect 30 days following its adoption. Section 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or application of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. Section 10. Custodian of Records: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California 90274. The Director of Planning and Community Services is the custodian of records for the record of proceedings. PASSED, APPROVED AND ADOPTED THIS __th DAY OF ________ 2025. 165 4 JEFF PIEPER, MAYOR ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 166 ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 17.16 OF TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE TO AMEND THE RESIDENTIAL HEIGHT LIMIT,AN D FINDING THE ORDINANCE TO BE CATEGORICALLY EXEMPT FROM CEQA. WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City is a semi-rural hillside community, characterized by predominantly single-story California ranch-style homes, large parcels with open space, and an abundance of equestrian facilities; and WHEREAS, one of the unique features of the City is the uniformity of homes throughout the years, which are typically limited to one story in height; and WHEREAS, in recent years, many homes have been constructed to maximize the building area on the lot, including increased height and a greater amount of grading to prepare many of the steeper properties for a structure; and WHEREAS, these trends have significantly altered the community’s character and affect surrounding properties, creating a high level of concern among residents related to development and design compatibility issues; and WHEREAS, the City Council desires to preserve and enhance the community’s character, particularly as it relates to residential building height; and WHEREAS, pursuant to the authority granted to the City by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, safety, and welfare; and WHEREAS, the City Council desires to amend the Rolling Hills Municipal Code to impose height limits on residential developments in the City; and WHEREAS, on April 15, 2025, the Planning Commission conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, on May 28, 2025, the City Council conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report and supporting documents, Planning Commission’s recommendation, public testimony, and all appropriate information submitted with the Ordinance; and 167 2 RA-S-1 Development Standard RA-S-2 Zone District 4. Height Limitation WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOW S: Section 1.Incorporation of Recitals. The recitals above are incorporated by reference and adopted as findings by the City Council. Section 2.CEQA. The City Council finds that this Ordinance is determined to be categorically exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines, which applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance does not involve physical changes to the environment but rather regulates the height of residential developments. Since it does not result in any direct or indirect physical changes to the environment, there is no possibility that it could have a significant environmental impact. Section 3.General Plan. The City Council finds that this Ordinance is consistent with the goals and policies of the Rolling Hills General Plan. The proposed Ordinance is consistent with Housing Element Goal 2 “Maintain and enhance the quality of residential neighborhoods in Rolling Hills,” in support of the following policies: Policy 2.1: Encourage and assist in the maintenance and improvement of existing homes to maintain optimum standards of housing quality and design. Policy 2.3: Require compatible design to minimize the impact of residential redevelopment on existing residences. By imposing a height limit on residential development in the City, this Ordinance will ensure future development is compatible with the surrounding neighborhood and environment. Section 4.The Development Standard table in Section 17.16.060 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: One story, no greater than 1821’ (mezzanines and lofts are not permitted)except for stables and barns which shall be no greater than 20’); see Section 17.16.080 Section 5.Section 17.16.080 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: 17.16.080 - Height limitation. A.General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. 168 1.The maximum height permitted from finished floor to the highest peak of theany building or structure shall be no greater than eighteentwenty-one (1821) feet except that; and in no event shall the maximum height permitted for stables and barns shall be no greater than twenty (20)(inclusive of any loft or storage area) exceed twenty-one (21) feet measured from the finished floor to the highest peak of the structure,. For purposes of this subsection (A)(1), the height measurement shall be exclusive of accessoryprojecting architectural features as determined by the City. defined in Section 17.12.160. 2,The maximum height permitted from finished floor of any building or structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B.Exceptions: The following exceptions shall apply to the one-story limit specified in Section (A) above: 1.A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2.Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3.A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. Section 6.The City Council’s actions are made upon review of the Planning Commission’s recommendation, the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance.. Section 7.Effective Date. This Ordinance takes effect 30 days following its adoption. Section 8.Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or application of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. Section 10.Custodian of Records: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California 90274. The Director of Planning and Community Services is the custodian of records for the record of proceedings. 3 169 PASSED, APPROVED AND ADOPTED THIS __th DAY OF ________ 2025. JEFF PIEPER, MAYOR ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 4 170 0 Table Insert Changes: 0 Table Delete 0 Add Intelligent Table Comparison: Active Table moves to 14 0 Summary report: Litera Compare for Word 11.10.1.2 Document comparison done on 6/19/2025 1:50:20 PM Table moves from 0 Delete Embedded Graphics (Visio, ChemDraw, Images etc.) 10 0 Original DMS: iw://bbklaw-mobility.imanage.work/IMANAGE/43895839/1 Embedded Excel 0 Move From Format changes 0 0 Total Changes: Modified DMS: iw://bbklaw-mobility.imanage.work/IMANAGE/43895839/2 24 Move To Style name: Default Style 171 Agenda Item No.: 11.A Mtg. Date: 05/28/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:KARINA BAÑALES, CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: CONSIDERATION OF ORDINANCE 386 AMENDING CHAPTER 17.16 OF THE MUNICIPAL CODE REGARDING THE HEIGHT LIMITS OF SINGLE-FAMILY RESIDENTIAL HOMES, STABLES AND BARNS; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE DATE:May 28, 2025 BACKGROUND: Over the past several months, the Planning Commission has been reviewing the City’s regulations related to building height limitations for residential structures, barns, and stables. The intent of this review was to clarify standards and ensure consistency with the City’s rural character and development goals. On October 15, 2024, the Planning Commission directed staff to prepare a report on the City's regulations related to building height limitations. At that time, the Rolling Hills Municipal Code (RHMC) did not specify numeric height limits for these structures. However, the RHMC did state that “a building or structure shall have no more than one story, meaning that there shall be no story on top of another” (Attachment 3). The staff report from this meeting is included as Attachment 9. At its March 18, 2025 meeting, the Planning Commission reviewed staff’s report on existing development patterns and relevant RHMC provisions. Following discussion, the Commission directed staff to prepare a code amendment establishing maximum ridge heights of 18 feet for single-family residences and 20 feet for barns and stables. The staff report from this meeting is included as Attachment 10. On April 15, 2025, the Planning Commission reviewed and approved the draft ordinance (Attachment 1) and voted 4-0 (with Commissioner Kirkpatrick absent) to adopt Resolution No. 2025-04 (Attachment 2), recommending that the City Council adopt an ordinance amending Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code to codify these height limits. The staff report from this meeting is included as Attachment 11. 26172 This evening, staff is requesting City Council consideration of Ordinance No. 386 (Attachment 1), which proposes clear regulations regarding maximum allowable structure heights. This ordinance is intended to preserve the scenic beauty, natural landscape, and residential character of the community. As the City continues to grow, the proposed height limits would help ensure that new development remains consistent with the community’s established aesthetic values and overall harmony. DISCUSSION: In recent years, there has been a trend toward increased structure heights and overall massing. At both the October 15, 2024 and March 18, 2025 Planning Commission meetings, staff presented relevant sections of the Rolling Hills Municipal Code (RHMC) addressing height regulations. This allowed the Commissioners to consider these provisions and develop a recommendation for City Council review. To further support the Commission’s efforts, staff conducted research on building heights within the City. The data, compiled from approved plans between 2017 and 2024, includes both residences and stables. Heights ranged from 11 to 25 feet, with some newer structures exceeding 25 feet (Attachment 4). Notably, in 2023 and 2024, there has been a trend toward taller stables, many of which fall within the 20 to 25-foot range. The following sections from the RHMC were reviewed and considered as part of this effort: Basements - RHMC Chapter 17.12 – Definitions Basements are located below ground and are often not visible. Homes may include multiple basement levels. Basement walls—except those within light wells—may not exceed 5 feet in height and must maintain an average height of no more than 2.5 feet at any point immediately adjacent to the exterior of the basement (Attachment 5). Stables & Lofts Stables are considered a valuable asset to each property and contribute significantly to the City’s rural, equestrian character. Based on staff research, the RHMC does not establish a specific height limit for stables. Over the past five years, stables have been trending taller. While the average height of buildings in Rolling Hills is approximately 17 feet, the tallest stable recorded was 25 feet. Many stables also include lofts, as defined in RHMC Section 17.18.060. These lofts, which may resemble second stories, must have a plate height that does not exceed 7 feet. They are intended for hay and equipment storage or use as a tack room and may not contain sleeping quarters (Attachment 6). Aviaries (Bird Homes) Aviaries larger than 200 square feet may not have a roof peak height that exceeds 16 feet (Attachment 7). Storage Areas RHMC Section 17.12.190 defines a storage area as "a space within a building or structure, including attics, used for storing items." Storage areas may be located above or below a story but are not intended to be livable spaces. As such, they cannot include exterior doors, window openings, heating, or air conditioning. The height of a storage area may not exceed 6 feet at any point. Attics may have ceilings that follow the angle of the roofline, which can exceed 6 feet at the peak; however, staff reviews plans to ensure that staircases are not shown leading 27173 to attic storage areas (Attachment 5). Accessory Dwelling Units (ADUs) – RHMC Chapter 17.28.050 For detached ADUs on lots with an existing or proposed single-family or multifamily dwelling, the maximum height is limited to 16 feet. This height is measured from the existing legal grade or the level of the lowest floor—whichever is lower—to the structure’s peak. If the ADU is attached to the primary dwelling, it may not exceed 25 feet in height or the height limitation imposed by the underlying zone, whichever is lower (Attachment 8). Based on the information presented, the Planning Commission discussed building heights for residential structures, barns, and stables. At the conclusion of these discussions, the Commissioners agreed that a maximum residential building height of 18 feet was reasonable. For barns and stables, the Commissioners shared the heights of stables on their own properties and used a practical approach to estimate the necessary height to accommodate stall areas and tack room or loft space. This resulted in a consensus that a 20-foot height was appropriate for barns and stables. Below is language that the City Council is considering this evening: Municipal Ordinance No. 386 The amendment to the Rolling Hills Municipal Zoning Code Chapter 17.16, Sections 17.16.060 & 17.16.080 are as follows: Section 17.16.060 (Lot area and dimensions) of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: Development Standard Zone District RA-S-1 & RA-S-2 4. Height Limited One story, no greater than 18’ (mezzanines and lofts are not permitted) except for stables and barns which shall be no greater than 20’ Section 17.16.080 (Height limitation) of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: 17.16.080 - Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. The maximum height permitted from finished floor to the peak of the structure shall be no greater than eighteen (18) feet except that the maximum height permitted for stables and barns shall be no greater than twenty (20) feet measured from the finished floor to the highest peak of the structure, exclusive of accessory architectural features as determined by the City. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by 28174 a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. Notice of Public Hearing This item was publicly noticed in the Daily Breeze on May 1, 2025 (Attachment 11). Public Comment As of the date of this report, no public comments have been received. FISCAL IMPACT: None. RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing, and by motion: Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17; and introduce for first reading by title only Ordinance No. 386 regarding the height limits of single-family residential homes, stables and barns. ATTACHMENTS: Attachment 01 - 386_HeightLimit_Ordinance_D.pdf Attachment 02 - 2025-04_PC_Resolution_ResidentialHeightLimit_F_E.pdf Attachment 03 - PL_SUB_BH_BuildingHeightsReport_Chart.pdf Attachment 04 - PL_SUB_BH_STAFF REPORT OF HEIGHTS.pdf Attachment 05 - PL_SUB_BH_RHMC_Chapter_17.12_Code_Definitions_Basements.pdf Attachment 06 - PL_SUB_BH_RHMC_Section_17.18.060_Stable.pdf Attachment 07 - PL_SUB_BH_RHMC_Section_17.18.070_Aviaries.pdf Attachment 08 - PL_SUB_BH_RHMC_Chapter17.28_Section17.28.050_GeneralADUandJADURequirements.pdf Attachment 09 - CL_AGN_241015_PC_Item12A_SR.pdf Attachment 10 - CL_AGN_250318_PC_Item12A_SR.pdf Attachment 11 - CL_AGN_250415_PC_Item10C_SR.pdf Attachment 12 - CL_PBN_250528_CC_HeightLimitOrdinance_Affidavit.pdf 29175 ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 17.16 OF TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE TO AMEND THE RESIDENTIAL HEIGHT LIMIT, AND FINDING THE ORDINANCE TO BE CATEGORICALLY EXEMPT FROM CEQA. WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City is a semi-rural hillside community, characterized by predominantly single- story California ranch-style homes, large parcels with open space, and an abundance of equestrian facilities; and WHEREAS, one of the unique features of the City is the uniformity of homes throughout the years, which are typically limited to one story in height; and WHEREAS, in recent years, many homes have been constructed to maximize the building area on the lot, including increased height and a greater amount of grading to prepare many of the steeper properties for a structure; and WHEREAS, these trends have significantly altered the community’s character and affect surrounding properties, creating a high level of concern among residents related to development and design compatibility issues; and WHEREAS, the City Council desires to preserve and enhance the community’s character, particularly as it relates to residential building height; and WHEREAS, pursuant to the authority granted to the City by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, safety, and welfare; and WHEREAS, the City Council desires to amend the Rolling Hills Municipal Code to impose height limits on residential developments in the City; and WHEREAS, on April 15, 2025, the Planning Commission conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, on May 28, 2025, the City Council conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report and supporting documents, Planning Commission’s recommendation, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 30176 2 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals above are incorporated by reference and adopted as findings by the City Council. Section 2. CEQA. The City Council finds that this Ordinance is determined to be categorically exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines, which applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance does not involve physical changes to the environment but rather regulates the height of residential developments. Since it does not result in any direct or indirect physical changes to the environment, there is no possibility that it could have a significant environmental impact. Section 3. General Plan. The City Council finds that this Ordinance is consistent with the goals and policies of the Rolling Hills General Plan. The proposed Ordinance is consistent with Housing Element Goal 2 “Maintain and enhance the quality of residential neighborhoods in Rolling Hills,” in support of the following policies: Policy 2.1: Encourage and assist in the maintenance and improvement of existing homes to maintain optimum standards of housing quality and design. Policy 2.3: Require compatible design to minimize the impact of residential redevelopment on existing residences. By imposing a height limit on residential development in the City, this Ordinance will ensure future development is compatible with the surrounding neighborhood and environment. Section 4. The Development Standard table in Section 17.16.060 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: Development Standard Zone District RA-S-1 RA-S-2 4. Height Limitation One story, no greater than 18’ (mezzanines and lofts are not permitted) except for stables and barns which shall be no greater than 20’ Section 5. Section 17.16.080 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: 17.16.080 - Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. 31177 3 The maximum height permitted from finished floor to the highest peak of the structure shall be no greater than eighteen (18) feet except that the maximum height permitted for stables and barns shall be no greater than twenty (20) feet measured from the finished floor to the highest peak of the structure, exclusive of accessory architectural features as determined by the City. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. Section 6. The City Council’s actions are made upon review of the Planning Commission’s recommendation, the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance.. Section 7. Effective Date. This Ordinance takes effect 30 days following its adoption. Section 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or application of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. Section 10. Custodian of Records: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California 90274. The Director of Planning and Community Services is the custodian of records for the record of proceedings. PASSED, APPROVED AND ADOPTED THIS __th DAY OF ________ 2025. JEFF PIEPER, MAYOR 32178 4 ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 33179 34180 35181 36182 37183 38184 39185 Building Heights Report RESOLUTION ADDRESS ROOF HEIGHT STRUCTURE TYPE 2023-15 8 Quail Ridge Road N 25' Stable (Plus 7' Cupola) 2024-09 1 Morgan Lane 24' 8" Stable 2023-02 9 Portuguese Bend Road 21' 5" Stable 2024-03 4 Spur Lane 21' Home 2023-06 20 Upper Blackwater Canyon 21' Home 2018-01 20 Upper Blackwater Canyon 20' Stable 2021-05 15 Upper Blackwater Canyon Road 20' Stable 2017-10 5 Pine Tree Lane 20' Home 2024-14 2 Possum Ridge 19' 6" Stable 2024-05 2 Possum Ridge 18' 9" Home 2019-10 1 Poppy Trail Lane 18' 8 1/4" Home 2023-16 11 Flying Mane 18' 1 1/2" Home 2023-13 19 Portuguese Bend Road 18' Home 2023-04 17 Crest Road East 17' 6" Home 2019-13 8 Middleridge Lane south 17' 4" Home 2022-14 2 Flying Mane Road 16' 9 5/8" Home 2021-02 3 Open Brand Road 16' 8" Home 2018-16 26 Middleridge Lane South 16' 2" Home 2018-03 11 Saddleback Road 16' Stable (Plus 5' Cupola) 2023-11 4 Poppy Trail Lane 15' 5" Home Going to PC 2 Quail Ridge Road South 14' 11 1/2" Home 2022-17 21 Chuckwagon Road 14' 11" Pool House 2024-06 23 Crest Road East 14' 6" Home 2017-10 5 Pine Tree Lane 14' Stable (Plus 5' Cupola) 2025-02 1 Pinto Road 13' 7 3/16" Garage 2024-02 29 Crest Road West 13'6" Stable 2024-05 29 Eastfield Drive 13'3" Home 2023-11 4 Poppy Trail Lane 13' 11" ADU 2023-14 7 Pine Tree Lane 13' 2" House 2017-20 16 Pine Tree Lane 12' 11 1/2" House 2021-09 23 Chuckwagon 12' 3" ADU 2019-10 1 Poppy Trail Lane 12' 1/4' Stable 2023-03 74 Portuguese Bend Road 11' Stable Average 17 High 25 Low 11 40186 Building Heights Report RESOLUTION ADDRESS ROOF HEIGHT STRUCTURE TYPE 2023-15 8 Quail Ridge Road N 25' Stable (Plus 7' Cupola) 2024-09 1 Morgan Lane 24' 8" Stable 2023-02 9 Portuguese Bend Road 21' 5" Stable 2024-03 4 Spur Lane 21' Home 2023-06 20 Upper Blackwater Canyon 21' Home 2018-01 20 Upper Blackwater Canyon 20' Stable 2021-05 15 Upper Blackwater Canyon Road 20' Stable 2017-10 5 Pine Tree Lane 20' Home 2024-14 2 Possum Ridge 19' 6" Stable 2024-05 2 Possum Ridge 18' 9" Home 2019-10 1 Poppy Trail Lane 18' 8 1/4" Home 2023-16 11 Flying Mane 18' 1 1/2" Home 2023-13 19 Portuguese Bend Road 18' Home 2023-04 17 Crest Road East 17' 6" Home 2019-13 8 Middleridge Lane south 17' 4" Home 2022-14 2 Flying Mane Road 16' 9 5/8" Home 2021-02 3 Open Brand Road 16' 8" Home 2018-16 26 Middleridge Lane South 16' 2" Home 2018-03 11 Saddleback Road 16' Stable (Plus 5' Cupola) 2023-11 4 Poppy Trail Lane 15' 5" Home Going to PC 2 Quail Ridge Road South 14' 11 1/2" Home 2022-17 21 Chuckwagon Road 14' 11" Pool House 2024-06 23 Crest Road East 14' 6" Home 2017-10 5 Pine Tree Lane 14' Stable (Plus 5' Cupola) 2025-02 1 Pinto Road 13' 7 3/16" Garage 2024-02 29 Crest Road West 13'6" Stable 2024-05 29 Eastfield Drive 13'3" Home 2023-11 4 Poppy Trail Lane 13' 11" ADU 2023-14 7 Pine Tree Lane 13' 2" House 2017-20 16 Pine Tree Lane 12' 11 1/2" House 2021-09 23 Chuckwagon 12' 3" ADU 2019-10 1 Poppy Trail Lane 12' 1/4' Stable 2023-03 74 Portuguese Bend Road 11' Stable Average 17 High 25 Low 11 City of Rolling Hills Building Heights Report 41187 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 1 of 2 DEFINITIONS 17.12.020 "B" words, terms and phrases. Barn. See "stable." "Basement" means any floor level below the first story of the primary residence, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Except for walls within light wells, basement walls across any elevation may not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one‐half feet exterior height. Basements shall comply with the Los Angeles County Building Code requirements. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. 17.12.030 ‐ "C" words, terms and phrases. Cellar. See "basement." 17.12.120 "L" words, terms and phrases. "Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles, other horse equipment and similar equestrian or agricultural related items, or tack room uses, but excludes sleeping quarters. 17.12.160 ‐ "P" words, terms and phrases. "Plate height" means the height of a building measured from the finished floor level to the top of the wall. 17.12.190 "S" words, terms and phrases. "Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes. 42188 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 2 of 2 "Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning. "Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title. "Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 43189 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 1 of 3 17.18.060 Requirements for stables requiring conditional use permit. All stables over two hundred square feet shall meet the following requirements: A. General requirements and uses: 1. The building occupied by a stable shall be designed for rural and agricultural purpose only. 2. Stable structure shall not be permitted in the front yard, and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line. 3. Minimum of sixty percent of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). 4. Maximum of forty percent, but not to exceed eight hundred square feet, of the entire structure may be maintained as tack room space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). Tack room may be detached from the main stable structure. 5. Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior to the effective date of the ordinance from which this chapter derives (August 12, 2010), which has a loft area that is maintained as a tack room and the loft area comprises more than forty percent of the size of the first floor may continue to be maintained provided that the area of the loft used as a tack room does not exceed eight hundred square feet, that no other tack room exists on the property and the remaining of the structure and its uses are in compliance with the remaining sections of this chapter. 6. When calculating the size of the stable, the entire footprint including the loft area shall be included, as measured from the exterior of the walls. 7. If there is more than one stable building on a lot, the tack room space shall be calculated as a percentage of the entire square footage of the structures and such tack room space may only be located in one of the structures; notwithstanding the above, it may not exceed eight hundred square feet. 8. Covered porch shall not be included in the size of the stable for the purpose of calculating the agricultural and tack room space of the stable. 9. Stables shall not be used as sleeping quarters for humans. 10. Stables shall be used for the exclusive purpose of keeping permitted domestic animals and related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not be permitted. B. Exterior appearance of stables and areas immediately adjacent thereto: 1. Whether or not the stable is used for keeping permitted domestic animals, the exterior of the stable structure shall continue to appear as a stable. 2. Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened surface but may not be paved. It shall remain such or may be covered with grass or other low growing ground cover during the time when the agricultural space is not used for keeping of horses or other animals. 3. A porous surface (not paved) may be provided by the access to the tack room space of the stable. 44190 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 2 of 3 4. The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or sand surface. It shall remain such or be planted with grass or other low growing ground cover during the time when the stable structure is not used for keeping of horses or other animals. C. Tack Room Space. 1. Tack room shall only be used for activities that impact the senses in a manner similar or less than that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited. Such permitted activities shall be deemed to be "passive activities" for the purpose of this chapter. 2. Tack room shall not be used as sleeping quarters for humans. 3. Tack room shall not exceed forty percent of the size of the stable, including the size of the loft, if any, except as specified in Section 17.18.060(A)(5) and may not exceed eight hundred square feet. 4. Tack room may contain furniture, excluding beds. 5. Tack room may have finished floors, walls and ceiling. 6. Tack room may have glazed (glass) window openings. 7. Tack room may have standard size doors. 8. Tack room may have amenities such as air conditioning, heating, electrical and phone outlets. 9. Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet. 10. Building and Safety Department review and building permits shall be required for all modifications. 11. All modifications and retrofitting of the tack room space shall be made in such a manner so that it could be convertible to a tack room, at such time as the structure is to be used for keeping of animals. 12. Tack room may be detached from the main stable structure, however it shall meet all the requirements for a tack room as specified in this section. D. Agricultural Space Within the Stable. 1. Agricultural space shall be no less than sixty percent of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(5). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance. 2. Entry doorways to the stalls shall be a minimum of four feet wide and seven and one-half feet high. 3. The exterior doors shall provide the appearance of a stable door. 4. Roll up or overhead doors are prohibited. 5. Ventilation and drainage facilities shall be subject to building code requirements. 6. Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses. 45191 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 3 of 3 7. Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses. E. Loft Space within a Stable. 1. Loft may be permitted above a stable structure. 2. Loft may be used and counted as part of the agricultural space or as a tack room space, provided it meets the agricultural or tack room space requirements of Section 17.18.060(C) and (D)). 3. Loft may not be used as a tack room, if another tack room exists within the stable structure or elsewhere on the property. 4. Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay, feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or working area or as a tack room, then removable glazed openings may be allowed. 5. The plate height for the wall of the loft shall be no greater than seven feet. 6. If a loft is constructed in such a way that access is provided from the exterior, the area immediately adjacent to the exterior of the loft shall not be paved, but may have a porous surface. 7. The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles, except for vehicles delivering agricultural goods and equipment. (Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pts. H, I, K), 8-8-2011; Ord. No. 332, §§ 8C, D, 1-14-2013) 46192 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 1 of 1 17.18.070 Requirements for aviaries requiring conditional use permit. All aviaries over two hundred square feet shall meet the following requirements: 1. Shall not be located on lots of less than 3.5 acres, as measured by excluding roadway easements. 2. The roof shall not exceed a peak height of sixteen feet. 3. Shall not be located on a portion of the lot where the slope is greater than 4:1. 4. Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line. 5. Shall be located a minimum of thirty-five feet from any residential structure including attached garage or a guest house, located on the same lot, and a minimum of one hundred feet from a residential structure, including attached garage or a guest house located on adjoining lots. 6. Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California. Commercial uses shall not be permitted. 7. Shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16. 8. May be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this chapter. (Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 343, § 8, 6-22-2015) 47193 Created: 2025-02-10 14:50:24 [EST] (Supp. No. 29, Update 1) Page 1 of 1 17.28.050 General ADU and JADU requirements. B. Height. 1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in height. 2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height. 4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories. 5. For purposes of this subsection (B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. 48194 Agenda Item No.: 12.A Mtg. Date: 10/15/2024 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:JOHN F. SIGNO, AICP, THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: DISCUSSION ON BUILDING HEIGHT DATE:October 15, 2024 BACKGROUND: Recently, there has been discussion about the City's height limitation allowed. Rolling Hills Municipal Code (RHMC) Section 17.16.080 limits a building or structure to no more than one story. The only exceptions are for basements, stables, and storage areas (Attachments 1 and 2). DISCUSSION: Basements Basements are located below ground and often not seen. Homes are allowed to have multiple basement levels. A portion of the basement may daylight provided it does not exceed a height of 5 feet nor an average height of 2-1/2 feet at any point immediately adjacent to the basement exterior. Lofts Many stables in the City have lofts as defined in RHMC Section 17.12.120 (Attachment 2). These lofts often appear to be second stories and can reach a height of 25 feet (Attachment 3). Lofts for a stable are meant to store hay and horse equipment but may also be used as a tack room provided there are no sleeping quarters. Lofts may also be found in some residences and may be legal if they were built prior to the City's incorporation in 1957. Additionally, residences in the Overlay Zoning District (OZD-1) have steeper pitched roofs to meet architectural standards for a colonial building, which is a standard imposed by the Rolling Hills Community Association (RHCA). Lofts are not allowed in the OZD-1 district, but many have attic spaces converted to a loft or second story because of the high ceiling heights. Storage Areas RHMC Section 17.12.190 defines a storage area as a "space within a building or structure, including attics, used for storing items." A storage area is allowed to be located above or 1 49195 below a story, but is not meant to be livable and cannot have doors to the exterior, window openings, heating or air conditioning. A storage area may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Staff reviews plans to make sure staircases are not shown leading to a storage area in the attic. Conclusion The Planning Commission should discuss if the height requirement in the Code is adequate. If not, the Commission can make recommendations to improve or amend the height requirement to be considered at a later date. FISCAL IMPACT: None. RECOMMENDATION: Discuss and provide direction. ATTACHMENTS: Attachment 1: PL_SUB_BH_RHMC_Section_17.16.080_Height_limitation..pdf Attachment 2: PL_SUB_BH_RHMC_Chapter_17.12_Code_Definitions.pdf Attachment 3: PL_SUB_STA_Stable_Comparison.pdf 2 50196 Created: 2024‐05‐03 17:45:26 [EST] (Supp. No. 28) Page 1 of 1 17.16.080 Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one‐half feet, with maximum difference of five feet. B. Exceptions: 1. A one‐story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. (Ord. 312 § 2, 2008: Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 269 § 8, 1997; Ord. 239 § 11(part), 1993). (Ord. No. 319, §§ 22(Exh. A, Pt. C), 7‐15‐2010; Ord. No. 327, § 6(Exh. A, Pt. 7), 6‐11‐2012) 51197 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 1 of 2 DEFINITIONS 17.12.020 "B" words, terms and phrases. Barn. See "stable." "Basement" means any floor level below the first story of the primary residence, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Except for walls within light wells, basement walls across any elevation may not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one‐half feet exterior height. Basements shall comply with the Los Angeles County Building Code requirements. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. 17.12.030 ‐ "C" words, terms and phrases. Cellar. See "basement." 17.12.120 "L" words, terms and phrases. "Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles, other horse equipment and similar equestrian or agricultural related items, or tack room uses, but excludes sleeping quarters. 17.12.160 ‐ "P" words, terms and phrases. "Plate height" means the height of a building measured from the finished floor level to the top of the wall. 17.12.190 "S" words, terms and phrases. "Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes. 52198 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 2 of 2 "Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning. "Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title. "Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 53199 STABLE COMPARISON Address Size (SF) Height (Ft.) Yr. Approved Notes 9 PBR 1,334 21.4 2023 74 PBR 960 11 2023 8 Middleridge Ln S 750 13 2022 29 Crest Rd W 900 13.5 2022 Originally approved for 934 SF 8 Quail Ridge Rd N 2,780 25 2021 Plus 7' cupola = 32' 8 Upper Blackwater Cyn Rd 1,875 12 2021 Approx. height 15 Upper Blackwater Cyn Rd. 935 20.8 2021 13 PBR 3,360 24 2019 1 Poppy Trail 452 12.25 2019 20 Upper Blackwater Cyn Rd. 3,575 20 2018 11 Upper Blackwater Cyn Rd. 744 20 2017 7 Middleridge Lane S. 1,361 18.4 2017 6 Meadowlark Ln. 779 20 2017 11 Saddleback 2,340 19.5 2017 To top of cupola 5 Pine Tree Ln. 1,200 14 2017 Plus cupola = ~19' 10 Crest Rd. W 1,188 19.3 2016 77 Crest Rd. E 3,691 18.4 2016 9 Chuckwagon Rd. 2,088 21 2014 3 Meadowlark Ln. 840 19.6 2013 29 Middleridge Ln. S 2,960 23.4 2011 14 Portuguese Bend Rd. 918 18.5 2005 1st floor only 6 Possum Ridge Rd. 1,680 21.5 2003 1st floor only 23 Crest Rd. E 1,225 18.75 Proposed; not built 6 Saddleback Rd. 650 17 2 Meadowlark Ln. 239 18 1st floor only 11 Saddleback Road 2,414 16 2018 2 Possum Ridge 1,890 1994 29 Middleridge Ln. S 3,200 23.6 1996 4 Stormhill Lane 2,064 12.5 1 Pine Tree Lane 2,976 14.5 2015 1 Morgan Lane 4,038 24.9 1st Flr. 2,377 SF; 2nd Flr. 1,721 SF 54200 Agenda Item No.: 12.A Mtg. Date: 03/18/2025 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:KARINA BAÑALES, CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: RECEIVE AND FILE INFORMATION ON POTENTIAL DISCUSSION REGARDING BUILDING HEIGHTS DATE:March 18, 2025 BACKGROUND: On October 15, 2024, Planning Commission Chair Chelf requested that former Director of Planning and Community Services, John Signo, present a report on the City’s building height limitations. During the meeting, the Commission directed Director Signo to conduct further research and to facilitate discussion on the matter. The Commission subsequently recommended moving forward with the issue and scheduling it for further consideration. This evening, Staff is seeking recommendations from the Planning Commission regarding height limits for structures, which will be presented to the City Council for consideration. Staff will need to provide public notice in advance of the Council’s review, which will require both a first and second hearing before any changes can be enacted. DISCUSSION: Rolling Hills Municipal Code (RHMC) Section 17.16.080 limits a building or structure to no more than one story. The only exceptions are for basements, stables, and storage areas (Attachment 1). This evening, staff will provide an overview of existing height regulations for various structures, including single-story limits and exceptions for basements, stables, storage areas, accessory dwelling units (ADUs), and aviaries. Additionally, the report highlights regulations the Rolling Hills Community Association (RHCA) set, which further restrict plate heights and roof pitches through architectural review and deed restrictions. The Planning Commission is being asked to review these existing regulations and provide 1 55201 direction on potential modifications to height limits for structures within the City. Any recommended changes will require public notice and City Council approval through a two- hearing process before they can be enacted. Basements Basements are located below ground and often not seen. Homes are permitted to have multiple basement levels. Basement walls, except for walls within light wells, may not exceed a height of 5 feet nor an average height of 2-1/2 feet at any point immediately adjacent to the basement exterior (Attachment 2). Stables & Lofts Stables are seen as a valuable asset to each property and a valuable component of the City’s rural, equestrian character. After research, RHMC has not established a limit for stable height, and in the past five years, the stables are trending larger than in the past. The average height of buildings in Rolling Hills is 17 feet high, with the highest stable being 25 feet (32 feet including a 7-foot cupola). (Attachment 3) However, many stables in the City have lofts as defined in RHMC Section 17.18.060. These lofts often appear to be second stories, and the plate height for the wall of the loft may not exceed 7 feet. Lofts for a stable are meant to store hay and horse equipment but may also be used as a tack room, provided there are no sleeping quarters (Attachment 4). Aviaries (Bird Homes) Aviaries over two hundred square feet may not have a roof peak height that exceeds 16 feet (Attachment 5). Storage Areas RHMC Section 17.12.190 defines a storage area as "a space within a building or structure, including attics, used for storing items." A storage area is allowed to be located above or below a story but is not meant to be a livable space and cannot have doors to the exterior, window openings, heating, or air conditioning. A storage area may not exceed 6 feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than 6 feet high at the peak of the ceiling. Staff review plans to ensure staircases are not shown leading to a storage area in the attic (Attachment 2). ADU Rolling Hills Municipal Code (RHMC) Chapter 17.28.050 limits detached ADUs created on a lot with an existing or proposed single-family or multifamily dwelling unit that may not exceed 16 feet in height. The height is measured from the existing legal grade or the level of the lowest floor (whichever is lower) to the peak of the structure. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower (Attachment 6). The Rolling Hills Community Association (RHCA) has building regulations that have 2 56202 restrictions on plate heights and roof pitches. The RHCA Architectural Committee reviews each home on a case-by-case basis to ensure the massing of the overall residence is good of its kind. Some property Deed Restrictions/CC&Rs have a maximum height limit of 25’ (Attachment 7). RHCA- Plate Height The standard plate height for structures in the RHCA Building Regulations is 8’6”, measured from the finished floor level to the top of the wall. If a porch is present, the plate height is measured from the finish floor to the top of the beam at the porch. Residences may have taller plate heights, but the heights must meet the following restrictions: a minimum of 50% of the residence must have a plate height of 8’6” or lower, up to 30% of the residence may have a 9’6” plate height and up to 20% of the residence may have a maximum of 10’6” plate height. The plate height limitations were adopted in 2012. RHCA- Roof Pitches The standard roof pitch for all structures in 4:12. The Building Regulations allow a minimum pitch of 3:12 for contemporary designs with hip roofs and a maximum 4½:12 pitch traditional designs. The roof pitch is also considered on a case-by-case basis. CONCLUSION: Staff is seeking the Planning Commission’s recommendations on whether the current height limitations in the RHMC effectively preserve the City’s rural, equestrian character while allowing for reasonable development. The discussion should evaluate whether these regulations strike the right balance between community aesthetics and the functional needs of structures such as stables, storage areas, and accessory dwelling units (ADUs). Additionally, the Commission may wish to address the increasing size of stables, the limitations on lofts and storage areas, and the prescribed height allowances for basements and ADUs that align with the City's long-term vision. If the Commission finds that the current height regulations are insufficient, it may provide direction on potential amendments or improvements. This could include adjusting height limits for specific structures, refining definitions to prevent unintended interpretations, or establishing clearer guidelines for review and enforcement. Any recommended changes will require further public input and City Council approval. FISCAL IMPACT: None. RECOMMENDATION: Discuss and provide direction staff to make height limit. ATTACHMENTS: Attachment 1: PL_SUB_BH_RHMC_Section_17.16.080_Height_limitation.pdf Attachment 2: PL_SUB_BH_RHMC_Chapter_17.12_Code_Definitions.pdf Attachment 3: PL_SUB_BH_BuildingHeightsReport_Chart.pdf Attachment 4: PL_SUB_BH_RHMC_Section_17.18.060_Stable.pdf 3 57203 Attachment 5: PL_SUB_BH_RHMC_Section_17.18.070_Aviaries.pdf Attachment 6: PL_SUB_BH_RHMC_Chapter17.28_Section17.28.050_GeneralADUandJADURequirements.pdf Attachment 7: PL_SUB_BH_RHCA_CC&Rs_Building.Heights.pdf 4 58204 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 1 of 1 17.16.080 Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. (Ord. 312 § 2, 2008: Ord. 295 § 7 (Exh. B (part)), 2004; Ord. 269 § 8, 1997; Ord. 239 § 11(part), 1993). (Ord. No. 319, §§ 22(Exh. A, Pt. C), 7-15-2010; Ord. No. 327, § 6(Exh. A, Pt. 7), 6-11-2012) 59205 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 1 of 2 DEFINITIONS 17.12.020 "B" words, terms and phrases. Barn. See "stable." "Basement" means any floor level below the first story of the primary residence, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Except for walls within light wells, basement walls across any elevation may not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one‐half feet exterior height. Basements shall comply with the Los Angeles County Building Code requirements. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. 17.12.030 ‐ "C" words, terms and phrases. Cellar. See "basement." 17.12.120 "L" words, terms and phrases. "Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles, other horse equipment and similar equestrian or agricultural related items, or tack room uses, but excludes sleeping quarters. 17.12.160 ‐ "P" words, terms and phrases. "Plate height" means the height of a building measured from the finished floor level to the top of the wall. 17.12.190 "S" words, terms and phrases. "Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes. 60206 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 2 of 2 "Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning. "Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title. "Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 61207 Building Heights Report RESOLUTION ADDRESS ROOF HEIGHT STRUCTURE TYPE 2023-15 8 Quail Ridge Road N 25' Stable (Plus 7' Cupola) 2024-09 1 Morgan Lane 24' 8" Stable 2023-02 9 Portuguese Bend Road 21' 5" Stable 2024-03 4 Spur Lane 21' Home 2023-06 20 Upper Blackwater Canyon 21' Home 2018-01 20 Upper Blackwater Canyon 20' Stable 2021-05 15 Upper Blackwater Canyon Road 20' Stable 2017-10 5 Pine Tree Lane 20' Home 2024-14 2 Possum Ridge 19' 6" Stable 2024-05 2 Possum Ridge 18' 9" Home 2019-10 1 Poppy Trail Lane 18' 8 1/4" Home 2023-16 11 Flying Mane 18' 1 1/2" Home 2023-13 19 Portuguese Bend Road 18' Home 2023-04 17 Crest Road East 17' 6" Home 2019-13 8 Middleridge Lane south 17' 4" Home 2022-14 2 Flying Mane Road 16' 9 5/8" Home 2021-02 3 Open Brand Road 16' 8" Home 2018-16 26 Middleridge Lane South 16' 2" Home 2018-03 11 Saddleback Road 16' Stable (Plus 5' Cupola) 2023-11 4 Poppy Trail Lane 15' 5" Home Going to PC 2 Quail Ridge Road South 14' 11 1/2" Home 2022-17 21 Chuckwagon Road 14' 11" Pool House 2024-06 23 Crest Road East 14' 6" Home 2017-10 5 Pine Tree Lane 14' Stable (Plus 5' Cupola) 2025-02 1 Pinto Road 13' 7 3/16" Garage 2024-02 29 Crest Road West 13'6" Stable 2024-05 29 Eastfield Drive 13'3" Home 2023-11 4 Poppy Trail Lane 13' 11" ADU 2023-14 7 Pine Tree Lane 13' 2" House 2017-20 16 Pine Tree Lane 12' 11 1/2" House 2021-09 23 Chuckwagon 12' 3" ADU 2019-10 1 Poppy Trail Lane 12' 1/4' Stable 2023-03 74 Portuguese Bend Road 11' Stable Average 17 High 25 Low 11 62208 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 1 of 3 17.18.060 Requirements for stables requiring conditional use permit. All stables over two hundred square feet shall meet the following requirements: A. General requirements and uses: 1. The building occupied by a stable shall be designed for rural and agricultural purpose only. 2. Stable structure shall not be permitted in the front yard, and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line. 3. Minimum of sixty percent of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). 4. Maximum of forty percent, but not to exceed eight hundred square feet, of the entire structure may be maintained as tack room space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). Tack room may be detached from the main stable structure. 5. Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior to the effective date of the ordinance from which this chapter derives (August 12, 2010), which has a loft area that is maintained as a tack room and the loft area comprises more than forty percent of the size of the first floor may continue to be maintained provided that the area of the loft used as a tack room does not exceed eight hundred square feet, that no other tack room exists on the property and the remaining of the structure and its uses are in compliance with the remaining sections of this chapter. 6. When calculating the size of the stable, the entire footprint including the loft area shall be included, as measured from the exterior of the walls. 7. If there is more than one stable building on a lot, the tack room space shall be calculated as a percentage of the entire square footage of the structures and such tack room space may only be located in one of the structures; notwithstanding the above, it may not exceed eight hundred square feet. 8. Covered porch shall not be included in the size of the stable for the purpose of calculating the agricultural and tack room space of the stable. 9. Stables shall not be used as sleeping quarters for humans. 10. Stables shall be used for the exclusive purpose of keeping permitted domestic animals and related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not be permitted. B. Exterior appearance of stables and areas immediately adjacent thereto: 1. Whether or not the stable is used for keeping permitted domestic animals, the exterior of the stable structure shall continue to appear as a stable. 2. Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened surface but may not be paved. It shall remain such or may be covered with grass or other low growing ground cover during the time when the agricultural space is not used for keeping of horses or other animals. 3. A porous surface (not paved) may be provided by the access to the tack room space of the stable. 63209 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 2 of 3 4. The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or sand surface. It shall remain such or be planted with grass or other low growing ground cover during the time when the stable structure is not used for keeping of horses or other animals. C. Tack Room Space. 1. Tack room shall only be used for activities that impact the senses in a manner similar or less than that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited. Such permitted activities shall be deemed to be "passive activities" for the purpose of this chapter. 2. Tack room shall not be used as sleeping quarters for humans. 3. Tack room shall not exceed forty percent of the size of the stable, including the size of the loft, if any, except as specified in Section 17.18.060(A)(5) and may not exceed eight hundred square feet. 4. Tack room may contain furniture, excluding beds. 5. Tack room may have finished floors, walls and ceiling. 6. Tack room may have glazed (glass) window openings. 7. Tack room may have standard size doors. 8. Tack room may have amenities such as air conditioning, heating, electrical and phone outlets. 9. Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet. 10. Building and Safety Department review and building permits shall be required for all modifications. 11. All modifications and retrofitting of the tack room space shall be made in such a manner so that it could be convertible to a tack room, at such time as the structure is to be used for keeping of animals. 12. Tack room may be detached from the main stable structure, however it shall meet all the requirements for a tack room as specified in this section. D. Agricultural Space Within the Stable. 1. Agricultural space shall be no less than sixty percent of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(5). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance. 2. Entry doorways to the stalls shall be a minimum of four feet wide and seven and one-half feet high. 3. The exterior doors shall provide the appearance of a stable door. 4. Roll up or overhead doors are prohibited. 5. Ventilation and drainage facilities shall be subject to building code requirements. 6. Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses. 64210 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 3 of 3 7. Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses. E. Loft Space within a Stable. 1. Loft may be permitted above a stable structure. 2. Loft may be used and counted as part of the agricultural space or as a tack room space, provided it meets the agricultural or tack room space requirements of Section 17.18.060(C) and (D)). 3. Loft may not be used as a tack room, if another tack room exists within the stable structure or elsewhere on the property. 4. Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay, feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or working area or as a tack room, then removable glazed openings may be allowed. 5. The plate height for the wall of the loft shall be no greater than seven feet. 6. If a loft is constructed in such a way that access is provided from the exterior, the area immediately adjacent to the exterior of the loft shall not be paved, but may have a porous surface. 7. The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles, except for vehicles delivering agricultural goods and equipment. (Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pts. H, I, K), 8-8-2011; Ord. No. 332, §§ 8C, D, 1-14-2013) 65211 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 1 of 1 17.18.070 Requirements for aviaries requiring conditional use permit. All aviaries over two hundred square feet shall meet the following requirements: 1. Shall not be located on lots of less than 3.5 acres, as measured by excluding roadway easements. 2. The roof shall not exceed a peak height of sixteen feet. 3. Shall not be located on a portion of the lot where the slope is greater than 4:1. 4. Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line. 5. Shall be located a minimum of thirty-five feet from any residential structure including attached garage or a guest house, located on the same lot, and a minimum of one hundred feet from a residential structure, including attached garage or a guest house located on adjoining lots. 6. Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California. Commercial uses shall not be permitted. 7. Shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16. 8. May be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this chapter. (Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 343, § 8, 6-22-2015) 66212 Created: 2025-02-10 14:50:24 [EST] (Supp. No. 29, Update 1) Page 1 of 1 17.28.050 General ADU and JADU requirements. B. Height. 1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in height. 2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height. 4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories. 5. For purposes of this subsection (B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. 67213 PLATE HEIGHTS DISCUSSION Current Regulations: To help maintain the low rambling nature of ranch architecture, plate heights are limited and strictly enforced. While the recommended plate height for a residence is 8’6”, taller plates are allowed on a case-by-case basis if harmonious with the design and massing of the overall residence. i. Plate heights are measured from the finished floor level to the top of the wall. If a porch is present, the plate height is measured from the finish floor to the top of the beam. (See Appendix L “Illustrations of Plate Height”) ii. The following percentages are the allowable limits for plate heights above 8’6”: (Percentages of plate height are calculated by the linear footage of the perimeter.) 1) Minimum of 50% of the residence must have plate heights of 8’6” or lower, 2) Up to 30% of the residence may have a plate height up to 9’6, ** 3) Only 20% of the residence may have a plate height up to 10’6. ** ** Maximum plate heights may be limited and are considered on a case-by-case basis to assure the massing of the overall residence is good of its kind. Attached is the current Appendix for plate heights as well additional examples for discussion. 68214 APPENDIX L ILLUSTRATIONS OF PLATE HEIGHT 69215 PLATE HEIGHT AT PORCH If a porch is present, the plate height is measured from the finish floor of the residence to the top of the beam of the porch 70216 PLATE HEIGHT @ STANDARD EAVE The plate height is measured from the finish floor of the residence to the top plate, where the eave rafter meets the top of the wall. 71217 PLATE HEIGHT @ SOFFITED EAVE The plate height is measured from the finish floor of the residence to where the soffited eave meets the exterior wall. 72218 Agenda Item No.: 10.C Mtg. Date: 04/15/2025 TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM:LISA EDWARDS, PRINCIPAL PLANNER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 17.16 OF THE MUNICIPAL CODE REGARDING THE HEIGHT LIMITS OF SINGLE- FAMILY RESIDENTIAL HOMES, STABLES AND BARNS; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE DATE:April 15, 2025 BACKGROUND: On October 15, 2024, Planning Commission Chair Chelf requested that former Director of Planning and Community Services, John Signo, present a report on the City’s regulations pertaining to building height limitations within the Rolling Hills Municipal Zoning Code. The Commission tasked Director Signo to conduct further research and to facilitate discussion on the matter. At its March 18, 2025 meeting, the Planning Commission reviewed Staff’s report and made a motion to direct Staff to draft a proposed municipal code ordinance amendment that includes a maximum ridge height for homes to 18 feet and a maximum ridge height for barns and stables, not including the cupola or other accessories, to 20 feet (5 -0 vote). At this time, Staff is requesting a recommendation from the Commission to the City Council regarding proposed height limits for structures that are incorporated in the draft resolution and ordinance attached hereto. Once the Commission provides its recommendation, the City Council will conduct a first and second reading of the proposal. DISCUSSION: The City is considering the introduction of a new ordinance (Ordinance No. 386) aimed at addressing building heights within the community (Attachment 1). This proposed ordinance seeks to establish clear regulations regarding the maximum allowable height for structures, with the goal of preserving the scenic beauty, natural landscape, and residential character. As the City experiences growth and development, this measure would help ensure that new constructions align with the community’s aesthetic values while maintaining harmony with its surroundings. Public feedback and further discussions will play a crucial role in shaping the final version of this ordinance. 1 73219 Commissioner Discussion During the last Planning Commission meeting, a discussion addressing the heights of residences and stables were both analyzed in order to establish maximum heights in the Rolling Hills Municipal Code (RHMC). Historically, the Rolling Hills Community Association (RHCA) had been the authority on structural heights for main homes, stables, and barns. Although the Code mentions that the maximum height for any residence is one -story, it does not specify an exact height dimension. Similarly, the allowance of a loft within a barn (maximum 7-foot plate height for wall of loft) is mentioned, but no overall height is specified. Although the Commission unanimously agreed that the residential height of 18 feet was reasonable, the focus of the discussion was primarily with regard to heights of barns and stables. Commissioners then shared stable heights on their own properties and used a logical calculation that would accommodate the stall areas, tack room/loft area, which landed at a 20- foot height. Municipal Ordinance No. 386 The amendment to the Rolling Hills Municipal Zoning Code Chapter 17.16, Sections 17.16.060 & 17.16.080 are as follows: Section 17.16.060 (Lot area and dimensions) of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: Development Standard Zone District RA-S-1 & RA-S-2 4. Height Limited One story, no greater than 18’ (mezzanines and lofts are not permitted) except for stables and barns which shall be no greater than 20’ Section 17.16.080 (Height limitation) of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: 17.16.080 - Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. The maximum height permitted from finished floor to the peak of the structure shall be no greater than eighteen (18) feet except that the maximum height permitted for stables and barns shall be no greater than twenty (20) feet measured from the floor to the highest peak of the structure, exclusive of accessory architectural features as determined by the City. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: 1. A one-story primary residence is permitted over a basement. For the purpose of this 2 74220 section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. The following is a review of the Code Sections that address height: Basements Basements are located below ground and often not seen. Homes are permitted to have multiple basement levels. Basement walls, except for walls within light wells, may not exceed a height of 5 feet nor an average height of 2-1/2 feet at any point immediately adjacent to the basement exterior (Attachment 3). Stables & Lofts Stables are seen as a valuable asset to each property and a valuable component of the City’s rural, equestrian character. After research, RHMC has not established a limit for stable height, and in the past five years, the stables are trending larger than in the past. The average height of buildings in Rolling Hills is 17 feet high, with the highest stable being 25 feet (32 feet including a 7-foot cupola) However, many stables in the City have lofts as defined in RHMC Section 17.18.060. These lofts often appear to be second stories, and the plate height for the wall of the loft may not exceed 7 feet. Lofts for a stable are meant to store hay and horse equipment but may also be used as a tack room, provided there are no sleeping quarters (Attachment 4). Aviaries (Bird Homes) Aviaries over two hundred square feet may not have a roof peak height that exceeds 16 feet (Attachment 5). Storage Areas RHMC Section 17.12.190 defines a storage area as "a space within a building or structure, including attics, used for storing items." A storage area is allowed to be located above or below a story but is not meant to be a livable space and cannot have doors to the exterior, window openings, heating, or air conditioning. A storage area may not exceed 6 feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than 6 feet high at the peak of the ceiling. Staff review plans to ensure staircases are not shown leading to a storage area in the attic (Attachment 6). ADU RHMC Chapter 17.28.050 limits detached ADUs created on a lot with an existing or proposed single-family or multifamily dwelling unit that may not exceed 16 feet in height. The height is measured from the existing legal grade or the level of the lowest floor (whichever is lower) to the peak of the structure. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower (Attachment 7). Building Heights Report This report was compiled using building heights approved between 2017 and 2024 (see Attachment 8). The data was analyzed to assess the range of heights for both residences and stables, which varied from 11 to 25 feet. Notably, there has been a recent trend (2023–2024) 3 75221 of increasing stable heights, with many falling within the 20 to 25-foot range. ADDITIONAL INFORMATION RHCA – ADU The RHCA has building regulations that have restrictions on plate heights and roof pitches. The RHCA Architectural Committee reviews each home on a case-by- case basis to ensure the massing of the overall residence is good of its kind. Some property Deed Restrictions/CC&Rs have a maximum height limit of 25’ (Attachment 7). RHCA- Plate Height The standard plate height for structures in the RHCA Building Regulations is 8’6”, measured from the finished floor level to the top of the wall. If a porch is present, the plate height is measured from the finish floor to the top of the beam at the porch. Residences may have taller plate heights, but the heights must meet the following restrictions: a minimum of 50% of the residence must have a plate height of 8’6” or lower, up to 30% of the residence may have a 9’6” plate height and up to 20% of the residence may have a maximum of 10’6” plate height. The plate height limitations were adopted in 2012 (Attachment 9). RHCA- Roof Pitches The standard roof pitch for all structures in 4:12. The Building Regulations allow a minimum pitch of 3:12 for contemporary designs with hip roofs and a maximum 4½:12 pitch traditional designs. The roof pitch is also considered on a case-by-case basis. Public Comment No public responses have been received as of the date of this report. FISCAL IMPACT: None. RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing, and by motion: Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17. Adopt a resolution (Attachment 1) recommending that the City Council adopt the proposed ordinance that is attached thereto as Exhibit “A.” ATTACHMENTS: Attachment 01 - 2025-04_PC_Resolution_ResidentialHeightLimit.pdf Attachment 02 - 386_HeightLimit_Ordinance_D.pdf Attachment 03 - PL_SUB_BH_RHMC_Chapter_17.12_Code_Definitions.pdf Attachment 04 - PL_SUB_BH_RHMC_Section_17.18.060_Stable.pdf Attachment 05 - PL_SUB_BH_RHMC_Section_17.18.070_Aviaries.pdf Attachment 06 - PL_SUB_BH_RHMC_Section_17.12.190_Storage.pdf Attachment 07 - 4 76222 PL_SUB_BH_RHMC_Chapter17.28_Section17.28.050_GeneralADUandJADURequirements.pdf Attachment 08 - PL_SUB_BH_BuildingHeightsReport_Chart.pdf Attachment 09 - PL_SUB_BH_RHCA_CC_Rs_Building.Heights.pdf CL_PBN_250326_PH_PC_BuildingHeight_Affidavit.pdf 5 77223 65277.00001\43665712.1 RESOLUTION NO. 2025-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING CHAPTER 17.16 OF TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE TO AMEND THE RESIDENTIAL HEIGHT LIMIT, AND FINDING THE ORDINANCE TO BE CATEGORICALLY EXEMPT FROM CEQA. WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City is a semi-rural hillside community, characterized by predominantly single-story California ranch-style homes, large parcels with open space, and an abundance of equestrian facilities; and WHEREAS, one of the unique features of the City is the uniformity of homes throughout the years, which are limited to one story in height, with few exceptions; and WHEREAS, in recent years, many homes have been constructed to maximize the building area on the lot, including increased height and a greater amount of grading to prepare many of the steeper properties for a structure; and WHEREAS, these trends have significantly altered the community’s character and affect surrounding properties, creating a high level of concern among residents related to development and design compatibility issues; and WHEREAS, on October 15, 2024, the Planning Commission requested a report on the City’s residential building height regulations to facilitate discussion on the matter; and WHEREAS, at the March 18, 2025, Planning Commission meeting, City staff presented their report for discussion, whereby the Planning Commission, pursuant to Section 17.50.020 of the Rolling Hills Municipal Code (“RHMC”), directed City staff to draft an ordinance updating the RHMC to impose a height limit on residential buildings; and WHEREAS, on March 26, 2025, the City gave public notice of the public hearing for Ordinance No. 386 by publishing the required notice in a newspaper of general circulation and posting the notice at City Hall; and WHEREAS, on April 15, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance No. 386. 78224 65277.00001\43665712.1 Page 2 of 4 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: SECTION 1. Incorporation of Recitals. The Planning Commission hereby finds and determines that the Recitals above are true and correct and incorporated herein. SECTION 2. CEQA. The Planning Commission finds that the Ordinance is not subject to the California Environmental Quality Act ("CEQA"), pursuant to the following sections of the State CEQA Guidelines: Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378(a) because it does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment). Specifically, the Ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it involves imposing a maximum building height on residential development and does not propose nor authorize any action that would have the potential to cause a physical change in the environment, directly or indirectly. Therefore, the Ordinance is not subject to CEQA. SECTION 3. General Plan. Based on the entire record before the Planning Commission, including all written and oral evidence presented, the Planning Commission hereby that this Ordinance is consistent with the goals and policies of the Rolling Hills General Plan. The proposed Ordinance is consistent with Housing Element Goal 2 “Maintain and enhance the quality of residential neighborhoods in Rolling Hills,” in support of the following policies: Policy 2.1: Encourage and assist in the maintenance and improvement of existing homes to maintain optimum standards of housing quality and design. Policy 2.3: Require compatible design to minimize the impact of residential redevelopment on existing residences. By imposing a height limit on residential development in the City, this Ordinance will ensure future development is compatible with the surrounding neighborhood and environment. SECTION 4. Recommendation. Based on the foregoing recitals and findings, the Planning Commission hereby recommends that the City Council approve and adopt the proposed Ordinance, attached as Exhibit “A” hereto and incorporated herein by reference. SECTION 5. Certification. The Planning Commission Chair shall sign and the Secretary shall attest to the adoption of this Resolution. 79225 65277.00001\43665712.1 Page 3 of 4 SECTION 6. Effective Date. This Resolution takes effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this 15th day of April, 2025. __________________________ BRAD CHELF, CHAIRPERSON ATTEST: _________________________________ CHRISTIAN HORVATH, CITY CLERK 80226 65277.00001\43665712.1 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2025-04 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING CHAPTERS 17.16 AND 17.17 OF TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE TO AMEND THE RESIDENTIAL HEIGHT LIMIT, AND FINDING THE ORDINANCE TO BE CATEGORICALLY EXEMPT FROM CEQA. was approved and adopted at a regular meeting of the Planning Commission on April 15, 2025, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: And in compliance with the law of California was posted at the following: Administrative Offices. _______________________________ CHRISTIAN HORVATH, CITY CLERK 81227 ORDINANCE NO. 386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 17.16 OF TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE TO AMEND THE RESIDENTIAL HEIGHT LIMIT, AND FINDING THE ORDINANCE TO BE CATEGORICALLY EXEMPT FROM CEQA. WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City is a semi-rural hillside community, characterized by predominantly single- story California ranch-style homes, large parcels with open space, and an abundance of equestrian facilities; and WHEREAS, one of the unique features of the City is the uniformity of homes throughout the years, which are typically limited to one story in height; and WHEREAS, in recent years, many homes have been constructed to maximize the building area on the lot, including increased height and a greater amount of grading to prepare many of the steeper properties for a structure; and WHEREAS, these trends have significantly altered the community’s character and affect surrounding properties, creating a high level of concern among residents related to development and design compatibility issues; and WHEREAS, the City Council desires to preserve and enhance the community’s character, particularly as it relates to residential building height; and WHEREAS, pursuant to the authority granted to the City by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, safety, and welfare; and WHEREAS, the City Council desires to amend the Rolling Hills Municipal Code to impose height limits on residential developments in the City; and WHEREAS, on April 15, 2025, the Planning Commission conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, on _____, 2025, the City Council conducted a duly noticed public hearing to consider the Ordinance, wherein it considered the staff report and supporting documents, Planning Commission’s recommendation, public testimony, and all appropriate information submitted with the Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 82228 2 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals above are incorporated by reference and adopted as findings by the City Council. Section 2. CEQA. The City Council finds that this Ordinance is determined to be categorically exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines, which applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance does not involve physical changes to the environment but rather regulates the height of residential developments. Since it does not result in any direct or indirect physical changes to the environment, there is no possibility that it could have a significant environmental impact. Section 3. General Plan. The City Council finds that this Ordinance is consistent with the goals and policies of the Rolling Hills General Plan. The proposed Ordinance is consistent with Housing Element Goal 2 “Maintain and enhance the quality of residential neighborhoods in Rolling Hills,” in support of the following policies: Policy 2.1: Encourage and assist in the maintenance and improvement of existing homes to maintain optimum standards of housing quality and design. Policy 2.3: Require compatible design to minimize the impact of residential redevelopment on existing residences. By imposing a height limit on residential development in the City, this Ordinance will ensure future development is compatible with the surrounding neighborhood and environment. Section 4. The Development Standard table in Section 17.16.060 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: Development Standard Zone District RA-S-1 RA-S-2 4. Height Limitation One story, no greater than 18’ (mezzanines and lofts are not permitted) except for stables and barns which shall be no greater than 20’ Section 5. Section 17.16.080 of Title 17 of the Rolling Hills Municipal Code is hereby amended, with additions in underline and deletions in strikethrough, as follows: 17.16.080 - Height limitation. A. General Limitation. A building or structure shall have no more than one story, meaning that there shall be no story on top of another, except as specified in subsection (B) below. 83229 3 The maximum height permitted from floor to the highest peak of the structure shall be no greater than eighteen (18) feet except that the maximum height permitted for stables and barns shall be no greater than twenty (20) feet measured from the floor to the highest peak of the structure, exclusive of accessory architectural features as determined by the City. The maximum height permitted from finished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and one-half feet, with maximum difference of five feet. B. Exceptions: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. Section 6. The City Council’s actions are made upon review of the Planning Commission’s recommendation, the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance.. Section 7. Effective Date. This Ordinance takes effect 30 days following its adoption. Section 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or application of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. Section 10. Custodian of Records: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California 90274. The Director of Planning and Community Services is the custodian of records for the record of proceedings. PASSED, APPROVED AND ADOPTED THIS __th DAY OF ________ 2025. JEFF PIEPER, MAYOR 84230 4 ATTEST: ____________________________________ CHRISTIAN HORVATH, CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 85231 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 1 of 2 DEFINITIONS 17.12.020 "B" words, terms and phrases. Barn. See "stable." "Basement" means any floor level below the first story of the primary residence, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Except for walls within light wells, basement walls across any elevation may not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one‐half feet exterior height. Basements shall comply with the Los Angeles County Building Code requirements. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. 17.12.030 ‐ "C" words, terms and phrases. Cellar. See "basement." 17.12.120 "L" words, terms and phrases. "Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles, other horse equipment and similar equestrian or agricultural related items, or tack room uses, but excludes sleeping quarters. 17.12.160 ‐ "P" words, terms and phrases. "Plate height" means the height of a building measured from the finished floor level to the top of the wall. 17.12.190 "S" words, terms and phrases. "Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes. 86232 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 2 of 2 "Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning. "Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title. "Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 87233 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 1 of 3 17.18.060 Requirements for stables requiring conditional use permit. All stables over two hundred square feet shall meet the following requirements: A. General requirements and uses: 1. The building occupied by a stable shall be designed for rural and agricultural purpose only. 2. Stable structure shall not be permitted in the front yard, and shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line and from the rear property line. 3. Minimum of sixty percent of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). 4. Maximum of forty percent, but not to exceed eight hundred square feet, of the entire structure may be maintained as tack room space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). Tack room may be detached from the main stable structure. 5. Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior to the effective date of the ordinance from which this chapter derives (August 12, 2010), which has a loft area that is maintained as a tack room and the loft area comprises more than forty percent of the size of the first floor may continue to be maintained provided that the area of the loft used as a tack room does not exceed eight hundred square feet, that no other tack room exists on the property and the remaining of the structure and its uses are in compliance with the remaining sections of this chapter. 6. When calculating the size of the stable, the entire footprint including the loft area shall be included, as measured from the exterior of the walls. 7. If there is more than one stable building on a lot, the tack room space shall be calculated as a percentage of the entire square footage of the structures and such tack room space may only be located in one of the structures; notwithstanding the above, it may not exceed eight hundred square feet. 8. Covered porch shall not be included in the size of the stable for the purpose of calculating the agricultural and tack room space of the stable. 9. Stables shall not be used as sleeping quarters for humans. 10. Stables shall be used for the exclusive purpose of keeping permitted domestic animals and related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not be permitted. B. Exterior appearance of stables and areas immediately adjacent thereto: 1. Whether or not the stable is used for keeping permitted domestic animals, the exterior of the stable structure shall continue to appear as a stable. 2. Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened surface but may not be paved. It shall remain such or may be covered with grass or other low growing ground cover during the time when the agricultural space is not used for keeping of horses or other animals. 3. A porous surface (not paved) may be provided by the access to the tack room space of the stable. 88234 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 2 of 3 4. The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or sand surface. It shall remain such or be planted with grass or other low growing ground cover during the time when the stable structure is not used for keeping of horses or other animals. C. Tack Room Space. 1. Tack room shall only be used for activities that impact the senses in a manner similar or less than that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited. Such permitted activities shall be deemed to be "passive activities" for the purpose of this chapter. 2. Tack room shall not be used as sleeping quarters for humans. 3. Tack room shall not exceed forty percent of the size of the stable, including the size of the loft, if any, except as specified in Section 17.18.060(A)(5) and may not exceed eight hundred square feet. 4. Tack room may contain furniture, excluding beds. 5. Tack room may have finished floors, walls and ceiling. 6. Tack room may have glazed (glass) window openings. 7. Tack room may have standard size doors. 8. Tack room may have amenities such as air conditioning, heating, electrical and phone outlets. 9. Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet. 10. Building and Safety Department review and building permits shall be required for all modifications. 11. All modifications and retrofitting of the tack room space shall be made in such a manner so that it could be convertible to a tack room, at such time as the structure is to be used for keeping of animals. 12. Tack room may be detached from the main stable structure, however it shall meet all the requirements for a tack room as specified in this section. D. Agricultural Space Within the Stable. 1. Agricultural space shall be no less than sixty percent of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(5). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance. 2. Entry doorways to the stalls shall be a minimum of four feet wide and seven and one-half feet high. 3. The exterior doors shall provide the appearance of a stable door. 4. Roll up or overhead doors are prohibited. 5. Ventilation and drainage facilities shall be subject to building code requirements. 6. Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses. 89235 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 3 of 3 7. Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses. E. Loft Space within a Stable. 1. Loft may be permitted above a stable structure. 2. Loft may be used and counted as part of the agricultural space or as a tack room space, provided it meets the agricultural or tack room space requirements of Section 17.18.060(C) and (D)). 3. Loft may not be used as a tack room, if another tack room exists within the stable structure or elsewhere on the property. 4. Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay, feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or working area or as a tack room, then removable glazed openings may be allowed. 5. The plate height for the wall of the loft shall be no greater than seven feet. 6. If a loft is constructed in such a way that access is provided from the exterior, the area immediately adjacent to the exterior of the loft shall not be paved, but may have a porous surface. 7. The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles, except for vehicles delivering agricultural goods and equipment. (Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 324, § 9 (Exh. A, Pts. H, I, K), 8-8-2011; Ord. No. 332, §§ 8C, D, 1-14-2013) 90236 Created: 2025-02-10 14:50:23 [EST] (Supp. No. 29, Update 1) Page 1 of 1 17.18.070 Requirements for aviaries requiring conditional use permit. All aviaries over two hundred square feet shall meet the following requirements: 1. Shall not be located on lots of less than 3.5 acres, as measured by excluding roadway easements. 2. The roof shall not exceed a peak height of sixteen feet. 3. Shall not be located on a portion of the lot where the slope is greater than 4:1. 4. Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than twenty-five feet from side property line in the RAS-1 zone, no less than thirty-five feet from the side property line in the RAS-2 zone and no less than twenty-five feet from side roadway easement line. 5. Shall be located a minimum of thirty-five feet from any residential structure including attached garage or a guest house, located on the same lot, and a minimum of one hundred feet from a residential structure, including attached garage or a guest house located on adjoining lots. 6. Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California. Commercial uses shall not be permitted. 7. Shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16. 8. May be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this chapter. (Ord. No. 319, § 22(Exh. A, Pt. A), 7-15-2010; Ord. No. 343, § 8, 6-22-2015) 91237 Created: 2024‐05‐03 17:45:25 [EST] (Supp. No. 28) Page 1 of 2 DEFINITIONS 17.12.190 "S" words, terms and phrases. "Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes. "Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning. "Storage room, free standing," shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080(B) of this title. "Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 92238 Created: 2025-02-10 14:50:24 [EST] (Supp. No. 29, Update 1) Page 1 of 1 17.28.050 General ADU and JADU requirements. B. Height. 1. Except as otherwise provided by subsections (B)(2) and (B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in height. 2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height. 4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories. 5. For purposes of this subsection (B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. 93239 PLATE HEIGHTS DISCUSSION Current Regulations: To help maintain the low rambling nature of ranch architecture, plate heights are limited and strictly enforced. While the recommended plate height for a residence is 8’6”, taller plates are allowed on a case-by-case basis if harmonious with the design and massing of the overall residence. i. Plate heights are measured from the finished floor level to the top of the wall. If a porch is present, the plate height is measured from the finish floor to the top of the beam. (See Appendix L “Illustrations of Plate Height”) ii. The following percentages are the allowable limits for plate heights above 8’6”: (Percentages of plate height are calculated by the linear footage of the perimeter.) 1) Minimum of 50% of the residence must have plate heights of 8’6” or lower, 2) Up to 30% of the residence may have a plate height up to 9’6, ** 3) Only 20% of the residence may have a plate height up to 10’6. ** ** Maximum plate heights may be limited and are considered on a case-by-case basis to assure the massing of the overall residence is good of its kind. Attached is the current Appendix for plate heights as well additional examples for discussion. 94240 APPENDIX L ILLUSTRATIONS OF PLATE HEIGHT 95241 PLATE HEIGHT AT PORCH If a porch is present, the plate height is measured from the finish floor of the residence to the top of the beam of the porch 96242 PLATE HEIGHT @ STANDARD EAVE The plate height is measured from the finish floor of the residence to the top plate, where the eave rafter meets the top of the wall. 97243 PLATE HEIGHT @ SOFFITED EAVE The plate height is measured from the finish floor of the residence to where the soffited eave meets the exterior wall. 98244 CL_PBN_250326_PH_PC_BuildingHeight_F - Page 1 of 1 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 pfernandez@scng.com City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Account Number:5007827 Ad Order Number:0011726463 Customer's Reference/PO Number: Publication:Daily Breeze Publication Dates:03/26/2025 Total Amount:$918.32 Payment Amount:$0.00 Amount Due:$918.32 Notice ID:8mxWdV8ywb9uXnnqwaWl Invoice Text:NOTICE OF PUBLIC HEARING TO BE HELD BY PLANNING COMMISSION OF THE CITY OF ROLLING HILLS NOTICE IS HEREBY GIVEN – Ordinance 386 is a City initiated Zoning Code Amendment to amend various sections of Title 17 (Zoning Code) of the Rolling Hills Municipal Code. Hearing Date: April 15, 2025 Hearing Time: 6:30p.m. Hearing Location: Rolling Hills Council Chambers 2 Portuguese Bend Road, Rolling Hills, CA 90274 Project Location: Citywide Project Description: Ordinance 386 is a City-initiated Zoning Code Amendment to amend Title 17 (Zoning Code) of the Rolling Hills Municipal Code. The Zoning Code Amendment revises the height limit of single-family residential homes. Ordinance 386 includes revisions to Zoning Code Chapter 17.16 (Residential Agriculture-Suburban (RA-S) Zone) and Chapter 17.17 (Overlay Zoning District-1 (OZD-1)). The Planning Commission’s action serves as a recommendation to the City Council. Environmental Documentation: Ordinance 386 is not subject to the California Environmental Quality Act ("CEQA") pursuant to the following sections of the State CEQA Guidelines: Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378(a) because it does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment), and Section 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment). Specifically, the Ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable 99245 CL_PBN_250326_PH_PC_BuildingHeight_F - Page 1 of 1 Daily Breeze 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 0011726463 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not party to or interested in the above- entitled matter. I am the principal clerk of the printer of Daily Breeze, a newspaper of general circulation, printed and published in the City of Torrance*, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 03/26/2025 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Hermosa Beach, California On this 26th day of March, 2025. ______________________________ Signature *Daily Breeze circulation includes the following cities: Carson, Compton, Culver City, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles, Long Beach, Manhattan Beach, Palos Verdes Peninsula, Palos Verdes, Rancho Palos Verdes, Rancho Palos Verdes Estates, Redondo Beach, San Pedro, Santa Monica, Torrance and Wilmington 100246 CL_PBN_250528_CC_HeightLimitOrdinance - Page 1 of 1 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 pfernandez@scng.com City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Account Number:5007827 Ad Order Number:0011733082 Customer's Reference/PO Number: Publication:Daily Breeze Publication Dates:05/01/2025 Total Amount:$618.92 Payment Amount:$0.00 Amount Due:$618.92 Notice ID:aDJo7EbSRrk9RxdwVD4m Invoice Text:NOTICE OF PUBLIC HEARING TO BE HELD BY CITY COUNCIL OF THE CITY OF ROLLING HILLS NOTICE IS HEREBY GIVEN–Ordinance 386 is a City initiated Zoning Code Amendment to amend sections of Title 17 (Zoning Code) of the Rolling Hills Municipal Code. Hearing Date: May 28, 2025 Hearing Time: 7:00 p.m. Hearing Location: Rolling Hills Council Chambers, 2 Portuguese Bend Road Rolling Hills, CA 90274 Project Location: Citywide Project Description: Ordinance 386 is a City-initiated Zoning Code Amendment to amend Title 17 (Zoning Code) of the Rolling Hills Municipal Code. The Zoning Code Amendment revises the height limit of single-family residential homes. Ordinance 386 includes revisions to Zoning Code Chapter 17.16 (Residential Agriculture-Suburban (RA-S) Zone). On April 15, 2025, the Planning Commission voted to recommend Ordinance 386 to the City Council for approval. Environmental Documentation: Ordinance 386 is not subject to the California Environmental Quality Act ("CEQA") pursuant to the following sections of the State CEQA Guidelines: Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378(a) because it does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment), and Section 15061(b)(3) (the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment). Specifically, the Ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the 101247 CL_PBN_250528_CC_HeightLimitOrdinance - Page 1 of 1 Daily Breeze 2615 Pacific Coast Highway #329 Hermosa Beach, California 90254 (310) 543-6635 0011733082 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not party to or interested in the above- entitled matter. I am the principal clerk of the printer of Daily Breeze, a newspaper of general circulation, printed and published in the City of Torrance*, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 05/01/2025 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Hermosa Beach, California On this 1st day of May, 2025. ______________________________ Signature *Daily Breeze circulation includes the following cities: Carson, Compton, Culver City, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles, Long Beach, Manhattan Beach, Palos Verdes Peninsula, Palos Verdes, Rancho Palos Verdes, Rancho Palos Verdes Estates, Redondo Beach, San Pedro, Santa Monica, Torrance and Wilmington 102248 Agenda Item No.: 13.A Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:CONSIDERATION OF AWARDING A CONSTRUCTION CONTRACT TO FIDELITY BUILDERS, INC. FOR PROVIDING CONSTRUCTION SERVICES ON THE TENNIS COURT ADA IMPROVEMENT PROJECT IN AN AMOUNT NOT-TO-EXCEED $783,506.25, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DATE:June 23, 2025 BACKGROUND: At the June 12, 2023 City Council Meeting, city staff reported on a coordination meeting with the Rolling Hills Community Association (RHCA) held in May 2023. At this meeting, it was communicated that the City's Tennis Courts ADA Improvement Project (TC-ADA) would incorporate the grading and retaining wall to support the RHCA's Cabana improvement/amenities project. This addition to the City's improvement plans was determined based on concerns over the sequence of construction and to facilitate workflow between contractors commissioned by the city and the RHCA. City staff, RHCA, and Bolton Engineering held two subsequent coordination meetings on June 6, 2023, and June 14, 2023, to discuss outstanding items and update all parties. On June 26, 2023 t he City Council directed staff to advertise the TC-ADA for bids and approved the allocation for landscape, irrigation, and lighting plans. The City Council would be provided the opportunity to review the results of the construction bids and ultimately decide whether to award a contract at a later date. On July 10, 2023, the City Council approved Resolution No. 1344, authorizing a budget amendment to transfer $307,000 from reserves to the Capital Projects Fund for this project. On July 12, 2023, City staff began the first of many monthly meetings with the RHCA regarding project coordination and the process for further submissions to LACBS. 249 On July 24, 2023, the City Council was asked to approve RHCA’s conceptual design so they could submit plans to Los Angeles County Building & Safety (LACBS) to begin the permitting process. The Council voted to approve it as presented, noting that it would discuss the proposed firepit when the item comes back in the future. In August 2023, staff worked on addressing LACBS requirements for Low-Impact Development (LID) standards. The RHCA finalized their plans for submission to LACBS and began preparing to get estimates on their Cabana project. In October 2023, LACBS acknowledged receipt of resubmittals but did not indicate a timeframe for response. The retaining wall plans were approved. In November 2023, the RHCA shared plans for the expansion of Tennis Court #1, a proposal for the scope of work, and cost estimates. Staff and the RHCA continued with planning/staging discussions to lead responsibility for the various project components. In December 2023, as part of the ongoing discussions, the RHCA provided staff with plans, two bids from 2022, and a staff memo describing the tennis club’s request and scope of work for the rebuilding and expansion of court #1. The RHCA agreed to send an overview of their construction program with timelines and key milestones. In January 2024, staff received approved grading plans from LACBS. RHCA enlisted the services of the Bergman Group to help with construction management, and LACBS began its second round of review on RHCA’s cabana On March 25, 2024, City staff provided a status update to the City Council as outlined in this report. On April 22, 2024, the City Council unanimously approved assigning the RHCA to lead responsibility for the combined TC-ADA and Cabana projects. The city then took the lead in constructing the subsequent Tennis Court #1 Expansion Project. At the June 24, 2024, City Council meeting, staff presented that due to financial constraints caused by significant infrastructure repairs requiring immediate attention, the RHCA had reconsidered their approach and requested reverting to the initial concept with the City leading the ADA component of the Tennis Court improvements. To assist with the fiscal impact, the RHCA board had agreed, per lease agreement obligations, to contribute 50% of the associated cost for the TC-ADA. The RHCA board allocated $400,000 and would review and consider additional funding if required. Based on this information, the City Council authorized reallocating funds from the capital account designated for the Tennis Court 1 expansion project back to the TC-ADA. On August 26, 2024, the City Council approved a contract with the Bergeman Group for Construction Management Services. On November 6, 2024, staff released a public notice of bid for the Tennis Court Improvement Project, Job No. 2024-01, with a closing date of December 3, 2024. While interested parties attended the mandatory job walk, upon closing, no interested bidders submitted. On January 14, 2025, staff re-released a public notice of bid for Tennis Court Improvement 250 Project, Job No. 2025-01 Request for Bid. On February 18, 2025 , the City received three (3) sealed bids at the 2 pm Bid Closing that totaled from $700,360 to $2,648,138.83. On April 14, 2025, staff presented the three bids for City Council's consideration and potential awarding to the lowest responsible bidder. The City Council, in the public interest, rejected all bids and requested staff re-issue the bid again in the hopes that more contractors would participate and lower the bid amount. Staff revised the bid and accompanying breakdown form with the intent to simplify the process for interested bidders. DISCUSSION: On April 30, 2025 , staff re-released a public notice of bid for Tennis Court Improvement Project, Job No. 2025-03 Request for Bid. On May 27, 2025 , the City received one (1) sealed bid at the 2 pm Bid Closing as follows Bidder Address Base Bid Amount Fidelity Builders, Inc.1824 Oakwood Ave., Glendale, CA 91208 $713,861.25 Staff validated the bid received (Attachment 01) and determined that Fidelity Builders, Inc. is the lowest responsive and responsible bidder. Staff, in discussion with the RHCA, has removed Allowance Item No. 3 from the attached bid breakdown (Attachment 02) since landscaping work will not be required as a part of this project. Staff’s recommendation is to award the construction contract to Fidelity Builders, Inc. for $713,861.25 (including 2.5% Performance & Payment Bond Costs) and allocate an additional $69,645 as a 10% contingency for a total of $783,506.25. ENVIRONMENTAL REVIEW The approval of the construction contract to Fidelity Builders, Inc. is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15301 [Class 1]. Class 1 applies to the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the project proposes to demolish existing improvements within the project area, grading and site preparation, installation of retaining wall, ADA/site improvements, and install foundation, plumbing and electrical undergrounding for the proposed Cabana building. None of these proposed improvements on the tennis courts and proposed cabana will expand the existing use of this site. Further, none of the exceptions outlined in State CEQA Guidelines section 15300.2 apply. Thus, the project fits within the Class 1 exemption, and no further environmental review is required. FISCAL IMPACT: The total not-to-exceed fee for Fidelity Builder, Inc. is $783,506.25 and includes a 10% contingency. The City Council currently has a balance of approximately $279,301 appropriated in the 251 Capital Improvement Fund for this project. In 2024, the City Council approved $103,950 for construction management services which included a 10% contingency. To date the City has spent $11,496.50 on pre-construction consultation leaving a balance for Construction Management / Project Closeout of $92,453.50. Assuming these costs are fully used, the City would have $186,847.50 remaining to execute construction. As noted in the report background, to assist with the fiscal impact, per the existing lease agreement obligations with the RHCA, their board has agreed to contribute 50% of the associated cost for the project. The RHCA currently has allocated $400,000 for the ADA component and would review and consider additional funding if required. 50% of Fidelity's bid, including contingency, is $391,753.13. Staff will return with a Budget Amendment Resolution transferring $204,905.63 from the General Fund Reserves for costs above what is already budgeted or will be provided by the RHCA. The usable portion of the General Fund Reserves balance is approximately $878,000. A transfer to complete the Tennis Court ADA project will leave a balance of $673,094. Note: The City has approximately $2.65 million in contingency reserves per the City's financial policies. RECOMMENDATION: Approved as presented ATTACHMENTS: Attachment 01 - CL_BID_250527_TC_ADA_FIdelityBuilders.pdf Attachment 02 - CL_BID_250623_2025-03_TC_ADA_Project_BidBreakdownForm_F_A.pdf Attachment 03 - CA_AGR_250623_FidelityBuildersInc_TC-ADA_2025-03_D.pdf 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 DETAILED BID BREAKDOWN FORM Owner: City of Rolling Hills Project Type: ADA City Project Contractor: ____________________________________ 1 Mobilization / Demobilization: All preparation required to construct the scope of work. Including, but not limited to: Traffic Control, Exterior Dust Control, Temporary Dust Fence & Protection of Non-Work Areas, Debris Removal, Daily Cleaning & Final Cleaning, Safety, Hoisting, Materials Handling, etc. Fidelity Builders Inc 1 Lump sum N/A $63,840.00 2 Construction Administration: All administrative work required to construct the scope of work. Including, but not limited to: Construction Permitting, QA/QC, Meetings, Project Management, Project Schedule, 3-Week Look Ahead Schedules, Substantial Completion, and Final Completion Meetings, Submittals, RFIs, etc. Building Permit Filing and Coordination By Contractor - Complete Contractor Statement and pick up Permit (fees related to permitting to be reimbursed to Contractor by Owner with no markup to Contractor) Fidelity Builders Inc 1 Lump sum N/A $13,200.00 $77,040.00 DEMOLITION / CONSTRUCTION (SITE IMPROVEMENTS)*Quantities provided are estimated and for bidding purposes only 1 Demolition/Removals: all existing improvements, utilities, structures within the limits of work shown on plans GR2301100001 necessary to construct the improvements as shown on all plans associated with this project. City requires construction and demolition (C&D) permit for hauling and recycling from third parties and has recycling requirements. The City’s franchise waste hauler, Republic Services, will take care of the C&D if they are used. UBD Inc.1 Lump sum N/A $58,800.00 2 GRADING: A) Rough grading needed per Grading plans. B) Install site drainage and erosion controls. C) Fine grading prior to putback commencement. El Camino Aphalt Corp.1 Lump sum N/A $28,800.00 3 RETAINING WALL: A) Install RetainIng Wall per Retaining Wall plans - BL2308170004 Hulk Enterprises 1 Lump sum N/A $24,000.00 4 PAVING: A) Install new pavement at new ADA Van accessible parking space per Architectural plans. B) Asphalt & Concrete Mix Designs & Batch Testing - For each type of asphalt and concrete to be used on the project, provide proposed mix designs and produce test batches showing compliance with City of Rolling Hills specifications. C) Paint cross wallks per Architectural plans. El Camino Aphalt Corp.1 Lump sum N/A $62,205.00 5 ADA/SITE IMPROVEMENTS: A) Install new ADA Van Parking space per plans plans. Striping, signage and painted ISA on pavement included. Refer to detail #17 and 18 on sheet A-602 of the Architectural plans. B) Install new wheel stop at new ADA Van parking space per detail #8 on sheet A-602 of the Architectural plans. C) Install new truncated domes at all ramp landings per detail #15 on sheet A-602 of the Architectural plans. D) Install new ramps and pathways, concrete curbs, retaining wall/retaining curbs, and pavers per plans specs. E) Install new hand rails, nosing and warning strips per details #3, 5, 8 and 15 on sheet A-603 of the Architectural plans. F) Retaining Wall: ADA ramp (From Parking Area) G) Retaining Wall: ADA ramp (Tennis Court Viewing Area) H) Install ADA Lighting I) Landscape: Irrigation line sleeves El Camino Aphalt Corp. / Hulk Enterprises 1 Lump sum N/A $210,320.00 $384,125.00 ITEM NUMBER ITEM DESCRIPTION INDICATE "SELF-PERFORMED" OR NAME SUBCONTRACTOR QUANTITY UNIT OF MEASURE UNIT COST TOTAL: GRADING www.bergemangroup.com GENERAL CONDITIONS INDICATE "SELF-PERFORMED" OR NAME SUBCONTRACTORITEM DESCRIPTIONITEM NUMBER TOTAL COST QUANTITY UNIT COST UNIT OF MEASURE TOTAL: GENERAL CONDITIONS TOTAL COST 277 DETAILED BID BREAKDOWN FORM Owner: City of Rolling Hills Project Type: ADA City Project Contractor: ____________________________________www.bergemangroup.com INDICATE "SELF-PERFORMED" OR NAME SUBCONTRACTORITEM DESCRIPTIONITEM NUMBER TOTAL COST QUANTITY UNIT COST UNIT OF MEASURE CABANA (FOUNDATION & SUBSURFACE ONLY)*Quantities provided are estimated and for bidding purposes only 1 FOUNDATION: A) Install all foundation plan components per plan specs. B) Strip all forms and cleanup once concrete has cured. C) Install all structural framing hardware that is embedded into the foundation for the Cabana and adjacent trellis per approved structural plans. Hulk Enterprises 1 Lump sum N/A $103,195.00 2 ROUGH PLUMBING: A) Installation of all rough plumbing/new utility stubs per specs on plans.SoCal Sewer & Water 1 Lump sum N/A $91,600.00 3 ROUGH ELECTRICAL: A) Installation of all rough electrical per specs on plans. B) Providing Title 24 specs on all materials used (As necessary) Integral Electrical Engineering 1 Lump sum N/A $34,490.00 $229,285.00 $690,450.00 2.50% $17,261.25 Contingency 10%$69,045.00 $776,756.25 120 days 1 Subgrade compaction testing El Camino Aphalt Corp.1 EA $0.00 $2,400.00 2 Special Inspections as required by City of Rolling Hills.Fidelity Builders Inc 1 EA $0.00 $3,600.003Existing Landscape repairs and replacements.Bennett Landscape 1 Lump sum N/A $0.00 $6,000.00 2.50% $150.00 Contingency 10%$600.00 $6,750.00 $783,506.25 UNIT COST TOTAL COST ITEM NUMBER ITEM DESCRIPTION INDICATE "SELF-PERFORMED" OR NAME SUBCONTRACTOR QUANTITY UNIT OF MEASURE TOTAL PROJECT CONSTRUCTION COSTS TOTAL: STRUCTURAL ITEM DESCRIPTION INDICATE "SELF-PERFORMED" OR NAME SUBCONTRACTOR QUANTITY UNIT OF MEASURE UNIT COST TOTAL COST GRAND TOTAL GRAND TOTAL PROJECT CONSTRUCTION COSTS W/ ALTERNATES, ALLOWANCES AND PERFORMANCE & PAYMENT BONDS WITH CONTINGENCY ALLOWANCES PROJECT TOTALS TOTAL PROJECT CONSTRUCTION COSTS Performance & Payment Bond Percentage (%) Performance & Payment Bond Cost ($$) TOTAL PROJECT CONSTRUCTION COSTS W/ PERFORMANCE & PAYMENT BONDS WITH CONTINGENCY ALLOWANCES Performance & Payment Bond Percentage (%) Performance & Payment Bond Cost ($$) OF ALLOWANCES TOTAL ALLOWANCES COSTS W/ PERFORMANCE & PAYMENT BONDS AND CONTINGENCY TOTAL WORKING DAYS TO COMPLETE PROJECT ITEM NUMBER 278 CONTRACT AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Fidelity Builders, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Rolling Hills, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for Tennis Court ADA Improvement Project No. 2025-03 (Project”), bids were received, publicly opened, and declared on the date specified in the notice; and B. On June 23, 2025, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the No. 2025-03, Tennis Court ADA Improvement Project in the City of Rolling Hills. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, for the Project in the City of Rolling Hills. The work shall be performed in accordance with the Plans and Specifications dated April 30, 2025 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of all the documents and exhibits in the Request for Bid and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement shall govern. Collectively, these contract documents constitute the complete agreement 279 between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal of seven hundred eighty-three thousand, five hundred and six dollars and twenty-five cents ($783,506.25) as full compensation (inclusive of a 10% contingency fee) for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 120 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum of be $1000/day for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. 7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS. Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its 280 workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. 281 When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 282 Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code. 9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, 283 employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor. 11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program 13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 14. CONTRACTOR'S LIABILITY: The City of Rolling Hills and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or 284 other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 285 So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. 286 a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY. 287 c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY. d. Builder’s Risk (Course of Construction) Insurance. i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear. ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form: i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 288 iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY. g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors. h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 289 18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 23. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will 290 be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 26. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF ROLLING HILLS 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Attention: Christian Horvath, Project Manager CONTRACTOR: Fidelity Builders, Inc. 1824 Oakwood Ave. Glendale, CA 91208 Attention: Narek Halablian 291 27. DISPUTES: Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non- binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. Claims: For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. Supporting Documentation: The CONTRACTOR shall submit all claims in the following format: Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made List of documents relating to claim: Specifications Drawings Clarifications (Requests for Information) Schedules Other 292 Chronology of events and correspondence Analysis of claim merit Analysis of claim cost Time impact analysis in CPM format If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq. City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion. Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR. CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater. Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to 293 respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section: 294 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims. 295 28. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 29. TERMINATION: This Contract may be terminated by CITY at any time, either with or without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract. 30. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties. 31. NO THIRD-PARTY BENEFICIARY: This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 32. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents. 33. FORCE MAJEURE: If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled 296 to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non- compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 34. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE: Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. 35. ACCEPTANCE OF FACSIMILE SIGNATURES: The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. 297 State of California CONTRACTOR'S License No. __ CONTRACTOR ___________ By:____________________________________________ Date TITLE CITY OF ROLLING HILLS, CALIFORNIA By: _____________________________________________ Date JEFF PIEPER, MAYOR ATTEST: By: ____________________________________________ Date CHRISTIAN HORVATH, CITY CLERK CONTRACTOR'S Business Phone 818-679-8059 Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ NICOLAS PAPAJOHN, CITY ATTORNEY Date 298 AGREEMENT OF INDEMNIFICATION AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND CONTRIBUTION TENNIS COURT ADA IMPROVEMENT PROJECT PROJECT NO. 2025-03 Contract/Agreement/License/Permit No. or description: Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rolling Hills and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to 299 activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Name Name By: By: 300 Agenda Item No.: 15.A Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:SAMANTHA CREW, MANAGEMENT ANALYST THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:RECEIVE AND FILE A PUBLIC SAFETY AND EMERGENCY PREPAREDNESS UPDATE DATE:June 23, 2025 BACKGROUND: The City of Rolling Hills remains dedicated to fostering a safe and resilient community through ongoing public safety initiatives. These efforts include close coordination with emergency responders, utility companies, and regional partners to support the safety and preparedness of residents. It is important for the City to share its preparedness efforts with both the City Council and the community to ensure transparency and promote awareness of local risks and response strategies. Regular updates help foster informed decision-making and empower residents to take proactive steps in their own preparedness, creating a more resilient and unified community. DISCUSSION: This monthly Public Safety and Emergency Preparedness Report highlights current activities and outlines future goals to support the City’s ongoing commitment to disaster readiness and response. By fostering strong partnerships with first response agencies and collaborating with neighboring Palos Verdes Peninsula cities, the City ensures a unified and coordinated approach to public safety. The report also serves as a strategic tool to guide resource allocation, improve operational efficiency, and enhance overall community resilience. Fire Hazard Severity Zone (FHSZ) Maps The updated Fire Hazard Severity Zone (FHSZ) maps for Local Responsibility Areas, released by the Office of the State Fire Marshal on March 24, 2025, were formally presented to the City Council on May 28 for a first reading and public hearing. The maps were adopted at the June 9, 2025, City Council meeting following a second reading. The adoption aligns the City’s fire risk classifications with state mandates under Government Code Section 51179 and supports broader hazard mitigation planning efforts. These maps will play a key role in guiding future vegetation management, construction standards, and insurance-related communication. 301 Potential Siren System Expansion HQE is tentatively scheduled to present its three proposed locations for siren pole installations to the Rolling Hills Community Association (RHCA) Board at their July meeting. The proposed sites were selected by HQE based on post-test survey feedback, coverage modeling, and earlier discussions with RHCA and residents. The goal remains to close identified coverage gaps and ensure that emergency siren alerts reach all areas of the City. Staff are continuing to coordinate with HQE and RHCA to finalize location siting, explore any necessary alternatives, and prepare for permitting and deployment. Brush Clearance and Zone 0 Advisory The Los Angeles County Fire Department began annual defensible space inspections on June 1, 2025. This year, Assistant Fire Chief Kane informed the City that inspectors will issue citations for vegetation that is attached to or directly abutting homes or structures. While Zone 0 (the 0–5 foot ember-resistant zone) is not yet enforceable due to pending state-level regulations, residents are strongly encouraged to maintain this area in a “lean and green” condition. CAL FIRE and the State Fire Marshal continue to develop formal guidance for Zone 0, and enforcement is anticipated in future inspection cycles. The County will continue using an educational approach this year to prepare property owners for eventual compliance. If available, staff will provide a status update on defensible space inspections this evening. Re-Energization – SoCal Gas As of June 10, SoCal Gas has been working in the Seaview community for two weeks. Work is taking longer than initially expected due to unanticipated pipeline conditions discovered during inspection. Pipeline cameras revealed compression in certain segments, prompting precautionary replacements. Originally projected as a four-week project, restoration efforts may now take up to eight weeks. Once work in Seaview is completed, SoCal Gas plans to begin restoration in the Portuguese Bend Beach Club before moving on to Rolling Hills. Staff asked about the sequencing of these phases and were informed that restoration is being prioritized in the order in which service was initially disconnected. SoCal Gas conducted door-to-door outreach prior to beginning work in Seaview and plans to repeat this outreach when reconnecting gas service in Rolling Hills. Preliminary construction plans will be shared with RHCA to support advance planning and permitting. Re-Energization – SCE City staff remain engaged in weekly coordination meetings with Southern California Edison (SCE), LA County Building and Safety, Wildan, and the Fire Department to oversee electric service restoration. As of this report, four homes remain on SCE’s list for pending restoration. These properties are in various stages of inspection, repair, or planning review. City staff are actively working with the affected residents and utility partners to expedite service restoration and resolve any remaining compliance requirements. Communication remains ongoing to ensure that all eligible homes continue moving steadily toward full re-energization. Peninsula Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) Staff continue to participate in bi-weekly Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) coordination meetings with consultant Black & Veatch and neighboring peninsula jurisdictions. On June 11, a planning committee kickoff meeting was held at the Fred Hesse Park 302 Community Center in Rancho Palos Verdes. The meeting brought together key stakeholders and the core planning team, which includes representatives from all four Peninsula cities, to formally launch the planning process and outline next steps for plan development efforts. This concludes the Public Safety and Emergency Preparedness Update. Staff remain committed to providing timely updates and ensuring the City’s continued readiness in the face of emerging risks and evolving circumstances. FISCAL IMPACT: No Fiscal Impact. RECOMMENDATION: Receive and file. ATTACHMENTS: 303 Agenda Item No.: 16.A Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION GOVERNMENT CODE SECTION 54956.9(D)(1) THE CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. (3 CASES) A. NAME OF CASE: CONNIE ANDERSEN, ET AL. V. CALIFORNIA WATER COMPANY, ET AL. (SEAVIEW CASE) CASE NO.: 24STCV20953 B. NAME OF CASE: CITY OF ROLLING HILLS V. SCE CPUC DOCKET NO. C.24-10-008 C. NAME OF CASE: CITY OF ROLLING HILLS V. SOCALGAS CPUC DOCKET NO. C.24-10-009 DATE:June 23, 2025 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 304 Agenda Item No.: 16.B Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) AND (D)(4) REGARDING THE DECISION OF WHETHER TO INITIATE LITIGATION (1 CASE) RECOMMENDATION: NONE DATE:June 23, 2025 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 305 Agenda Item No.: 16.C Mtg. Date: 06/23/2025 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO CITY MANAGER THRU:KARINA BAÑALES, CITY MANAGER SUBJECT:CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION A CLOSED SESSION WILL BE HELD, PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (D)(2) AND (E)(3) BASED ON EXISTING FACTS AND CIRCUMSTANCES THERE IS A SIGNIFICANT EXPOSURE TO LITIGATION AGAINST THE CITY (1 CASE) DATE:June 23, 2025 ATTACHMENTS: 306