1215 RESOLUTION N0. 1215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS AMENDING RESOLUTION NO. 1205 REGARDING DECLARATION
OF A NUISANCE CONDTFION AND ABATEMENT THEREOF AT 38
PORTUGUESE BEND ROAD (LOT 118-RH} TO MQDIFY THE TIMELINE
FOR TMPLEMENTATION OF THE ORDER. OWNERS: STEVE AND LORI
iNHEELER.
" The City Council of the City of Rolling Hills does hereby find, resolve and order as
fol�.ows:
Section I. RecitaLs
A. It is the duty o� every person that owns or is in possession of any property,
place or area within the boundaries of the City to maintaitn the property, place or area free
from any nuisance. (Rolling Hills M�ulicipal Code Section 8.24.020.) Section 8.32A60(B} of
the Rolling Hills Municipal Code sta�es: "No person shall intentionally throw, deposit, place,
leave, maintain or perrnit to be thrown, deposited, placed, left or maintained or kept, a�y
refuse, rubbish, garbage, ar any other discarded or abandoned objects, articles or
accumulations, on or upon any roadway, driveway, #rail, canyon, storm drain, inlet, catch
basin conduit or drainage structure, ar upon any private plot of land zn the City, so that the
same might be or become a pollutant." (Emphasis added.) Any condition in violati.on of
Chapter 8.32 is a public nuisance. (Rolling Hills M�anicipal Code Section 8.32.100{A}{I)(a}.)
B. On or abou�July 13, 2016, City Staff was alerted �o the £act �that a large amount
of unpermitted dirt, rocks, and laose concrete had been deposi�ed and was being stored
along the slope of, and in the canyon adjacent to, certain reaZ properiy in the City of Ro�ling
Hi11s commonly known as 38 Portuguese Bend Road (Lo� 11$-RH) (hereinafter referred to as
_ the "Subject Property"}. A visit to the site revealed that the loose dirt, rocks and concrete
pieces being stored along the slope of t11e Subject Property and the canyon adjacent thereto
had the po�ential to fall to fhe battom of the canyon and become paxt of the natuxal drainage
course which leads into the Pacific Ocean. Furtherxnore, the Iaose dirt, rocks and concre�e
pieces covered the existing vegetation along the slope and canyon, thereby facilitating
potential erosion af the slopes into the canyon. On July 14, 2016, City Staff notified the
owners of the Subject Property, Mr. and Mrs. Steven Wheeler {"Propex�ty Owners"}, that the
storage of dirt along the s�ope of the Subject Property and the canyon adjacent �here�o was a
violation of Rolling Halls Municipal Code section $.32.060(B) and requested that they abate
this nuisance condition. Despite continued attempts to gain the Properfy Owners'
compliance, the dirt, rocks, and loose cancrete remain along the slope o£the Subject Properfy
and in the canyon adjacent thereto.
C. Since the Property Own�rs have failed #o make a good faifh e£fort towards
abatement ot the nuisance condition on fihe Subject Property on March 13, 2027 the City
Council held a public hearing regarding the nuisance aba�ement issue, and adopted
Resalution No. 1205 detern�ining that the property at 3$ Partuguese Bend Road constitutes a
condition that is injurious to the p�blic health, safety and welfare by vialating Section
8.32.Ob0{B) of the Rolling Hills Municipal Code such that it is a public nuisance pursuant to
Chaptex 8.24 and Section 8.21.100(A)(1)(a} of the Rolling Hills Municipal Code.
" Section 2.
A. Resolu�ion 7.205 specifies the actions the Property Ow�iers must take to abate
the nuisance and provzdes a timeline by which to implement the order. The City Counci�
vrdered the Property Owners to either remove the dirt from the sides of the canyon, stock
piie it on the pad and appiy to the Planning Commission for a variance to retain the dirt; or
remove the dirt from the canyon and the propexiy and retu�n the slope and the swimming
pool pad to the condition they were prior to the dirt being deposited there. Further, the order
specified that wi�.iin 180 days of the adoption of the Resolution, (i# the applicants submit an
application in a timely fashion to the Plann;r,g Commission to retain the dirt), a decisio�shall
be granted; and if decision is not granted then within 210 days of the passage of the
Resolution the Property Owners would have to remove the dirt from the lot.
Resolution No. 1215 -1-
B. Following City Council's decision, the applicants, submitted an application £or
Planning Commission consideration in a timely fashion, (April 2017), and the Plar�ning
Ca�nmission held its first public hearing on the matter on May lb, 2017.
C. The Planning Commission held additional hearings on June 20, 2017 and Ju1y
�8, 2017 and visited the site on June 20, 2017, and required that the Property Owners revise
the �cope of the pro�ect to reduce the proposed grading area,which would result in having�o
re�ain less of the dumped dirt on the propexty and exporting the remain;ng dirt.
D. The Property Owners are unable to submit a second revised plan for
consideration at the August 15�' Planning Commission meeting and have requested
continuance of thei�r case to the September 19� Planrung Commission meeting, which is past
the 180 days stipulated by Resolution No. 1205 for granting a decision.
Section 3. Upon consideration of the staff report and evidence desaribed above to
extend the timeline for implementation of the order of Resolution No. 1205, the City Council
determines and orders that Section 4 of Resolution No. 1205 be amended to read as follows:
A. "In accordance with the foregoing, and because it is the duiy of property
owners to maintain their prvperties free of nuisances, the City Council orders that the
property owners remove all of the dirt and rocks that was dumped and is being stored on the
pool pad, along the slopes of and in the canyon of the Subject Proper�y within 30 days of the
date of this Resolution but no later than Apri112, 2017. The pile(s) shall then be covered up.
Within 75 days of this Resolu�ion the property owners shall subn�it to the Planning
Department the necessary documents, a.pplications and fees to be placed on the Plannutg
Commission's agenda £or a request to modify the previous approval, including a Variance
request to keep the dirt for said modification. In the event that the property owners fail to
complete the measures specified above by the above-described deadlines, then within 90
days of this Resolu'�ion the property owners shall remove all af the dirt ar�d rocks tha.t was
dumped and is being stored on the poal pad, along the slopes of and in the canyon of Subject
Property and haul it out of the City. Lf the property owners file the appiication for needed
enti�lements in a timely£ashion, a decision by the Planning Commission or Cify Council shall
be granted within 270 days of this Resolution. If the entitlements a�re not granted, then within
3Q0 days of �his Resolution the properiy owners shall remove all of the dirt and rocks that
was dumped and is being stored on the pool pad, along the slopes of, and in the canyon of
the Subject Properiy and haul it out of the City. In the event the property owners fail to
complete the measures specified above by the specific dates the City will perform the
corrective measures at the Property 4wners' expense as authorized in Section 8.24.060 of the
Roiling Hills Municipal Code.
B. The Property Owners shall imp�ement dust control measures to stabilize �he
soil from wind erosion and reduce dust as well as introduce appropriate erosion control
measures to protect slopes and channels to control storm water pollution.
C. All other conditions of Resolution No. 1205 sha�l be in full force and effect.
Section 4. The Interim City Clerk is hereby directed to send a copy of this
resolution by certified and regular mail to the owners of the property located at 38
Partuguese Bend Road.
Section 5. This resolution shall take effect immediately on August 14, 2017..
P.ASSED, APPROVED AND ADOP'TED S 1�TH DAY OF AUGUST, 2017_
J � lack, Mayo
ATTEST:
Yvette Hall, Interim City Clerk
Resolution No. 1215 -2-
STATE OF CALIFORIVIA )
COUNTY OF LE7S ANGELES } SS
CITY OF RQLLING HILLS )
The foregoing Resalution No. 1215 entitled:
A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF ROLLING HILLS
AMENDING RESOLUTION NO. 1205 REGARDING DECLARATION OF A
NUISANCE CONDITION AND ABATEMENT THEREOF AT 3$ PORTUGUESE
BEND R4AD (LOT Z18-T�H) TO MODIFY THE TIMELINE FQR IMPLEMENTATION
OF THE ORDER. OWNERS: STEVE AND LORI WHEELER.
was approved and adopted at a regul.ar meeting o£the City Covncil on August �4, 2017,
by the following roll call vote:
AYES: Councilmembers Mi.rsch, Pieper and Mayor Pro Tem Wi2son.
NOES: Mayor Plack and Councilmember Dieringer.
ABSENT: None.
ABSTAIN: None.
Yve te Hall
Interim City C�erk
ResoIution No. 1215 -3-