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ORD 077U REPEALED BY ORDINANCE 78 11/25/75 ORDINANCE NO. 77U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES SETTING FORTH ADDITIONAL REQUIREMENTS FOR GRADING PERMITS, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Article IX of the Rancho Palos Verdes Municipal Code is hereby amended to add Chapter 4 thereto which shall read as follows: "CHAPTER IV - GRADING AND FILL PERMITS 9400 PERMIT, WHEN REQUIRED. No person shall grade, excavate or fill without a permit therefor from the City Engineer if such grading, excavating or filling will result in any of the following: A. An excavation, fill, or combination thereof, in excess of twenty (20) cubic yards. B. An excavation three (3) feet or more below natural grade or a fill three (3) feet or more above natural grade; C. An excavation or fill within a public sewer, water main, storm drain or power line easement; D. An excavation or fill which will encroach on or alter a natural drainage channel or water course; E. Removal of the natural vegetation or ground cover from an area in excess of five thousand (5,000) square feet. The Fire Official may, when required for preservation of life or property, order in writing the denudation of a larger area, specifying in the order such erosion control measures as the City Engineer may deem necessary; F. The construction, reconstruction, alteration, repair, or instal- lation of any structure in any natural water course. 9401 SEPARATE PERMITS REQUIRED. A separate permit may be required for each separate non-contiguous site. One permit may cover both an excavation and a fill on the same site made with excavated materials. 9402 PERMIT EXEMPTIONS. No permit shall be required by virtue of this chapter for any of the follow- ing: A. Grading pursuant to a permit for excavation in public streets; B. Grading in connection with a public improvement or public work for which inspection is provided by the City or other public agency as approved by the City Engineer; C. Grading by a public utility or a mutual water company in private easements; D. An excavation below finished grade for basements and footings of a building, swimming pool, or underground structure authorized by a valid building permit where the cost of such excavation is included in the building permit valuation. This exception shall not affect the applicability of this chapter to, nor the requirement of a grading permit for, any fill made with the material from such ex- cavation; E. Tilling of the soil for agricultural purposes. 9403 PERMIT APPLICATION. To obtain a permit required by this chapter, the applicant shall first file an application therefor in writing, and upon forms furnished by the City. The application shall be signed by the owner of the property where the work is to be performed, or by his duly authorized agent. An agent's autho- rity must be shown in writing. Every such application shall contain the following information: A. The purpose of the work, and a statement as to whether the pur- pose of the excavation is to prepare the site for subdivision under the state Subdivision Map Act; B. The amount of material proposed- to be excavated and the amount of fill in cubic yards and nature of fill; C. The legal description of the property on which the work is to be performed; D. The street address at the point of access to the property where the work is to be performed; E. The name and address of the owner of the property on which the work is to be performed; F. The name and address and phone number of the person to have ef- fective control of the work; G. The name, address and phone number of all persons within Rancho Palos Verdes, if any, who will receive excavated materials or have any interest in the proceeds from the sale or disposal of such materials; H. The route or routes proposed to be followed within the City of Rancho Palos Verdes in coming to and going from the site by the equipment used to haul the excavation or fill materials; I. The estimated dates for starting and completing the work to be done; J. An engineering geological investigation, based on the plan for the work proposed under the permit. The engineering geological report shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions, including consideration of seismic hazards and slope stability in natural materials on the proposed development. All reports shall be subject to approval by the City Engineer, and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report and approved by the City Engineer shall be incorpo- rated in the grading plan. This requirement may be waived by the City Engineer when it appears from the condition of the property that such a report is not necessary; K. A soils engineering investigation, based on the plan for the work proposed under the permit. Such reports shall include data re- garding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures. Recommendations in- cluded in the report and approved by the City Engineer shall be incorporated in the grading plan or specifications. This re- quirement may be waived by the City Engineer when it appears from the condition of the property that such a report is not necessary; L. Such further applicable information as the City may require in order to carry out the purposes of this chapter. 9404 REQUIREMENTS FOR SCALE PLANS AND DRAWINGS. The application required by Section 9403 shall be accompanied by scale plans or drawings, prepared and signed as appropriate by a registered civil engineer, architect, or landscape architect showing the following: A. Property lines of the property on which the work is to be per- formed; B. Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owners which is with- in fifteen (15) feet of the property on which the work is to be performed; C. Elevations, dimensions, location, extent, and the slopes of all work proposed to be done, shown by contour map,E cross sections of other means, which shall include the contiguous adjacent sites in addition to the proposed grading site; and an estimate of the quantity of excavation and fill involved. Such contour map shall show the existing contours of the land and the pro- posed contours or grade elevations of the land after completion of the proposed work. Contours shall be shown at such inter- vals as may be required by the City. D. Detailed plans of all walls, cribs, drains, dams, erosion con- trol planting, or other protective devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area and estimated cubic feet per second runoff of the area served by any drain; Ordinance No. 77U -2- E. Landscape, irrigation, and planting plans. F. A plot plan for the site, along with elevations of any buildings to be erected on the site; G. Such further applicable plans or drawings as the City may re- quire in order to carry out the purposes of this chapter. 9405 APPLICATION REFERRED TO PLANNING COMMISSION. When the grading is to be done on a site which is intended to be subdi- vided into two or more parcels, or which involves one thousand (1,000) cubic yards of cut and/or fill, the application shall be referred to the City Council for review. The Director of Planning shall report to the City Council on any aspect of the proposed grading, excavation or fill that relates to or affects the General Plan or any other zoning plan or zoning regulations of the City. The City Council, upon completion of investigation, shall approve, disapprove, or approve with conditions.. 9406 CRITERIA FOR EVALUATION OF GRADING APPLICATION. The Director of Planning and/or the City Council, shall use but not be limited to the following criteria in assessing the application for a grading permit: A. Is grading necessary for the use of the property? (This may include corrective grading measures deemed necessary through a geological or soils investigation.) R. What are the visual relationships with neighboring sites and especially, does the grading and/or construction affect the view of others? C. Can the finished slopes be appropriately landscaped; do land- scaping plans indicate sufficient fire resistant plantings (preferably native) to protect the slopes from erosion and slippage and minimize visual effects of grading and construc- tion; do irrigation plans show a full coverage system? D. Does the quantity of grading distort the natural contours; are the finished contours reasonably natural? E. If the "Average Slope" is 10 percent to 34.9 percent (all sloping areas of the site which are thirty-five (35) percent or greater shall not be graded and, therefore, should be excluded from the "Average Slope" formula) , the following schedule indicates the minimum percentages of the ground surfaces of the site which shall remain in a natural state (no cut or fill) , or developed solely for low intensity recreational purposes as approved by the Director of Planning: The minimum percent of the site to remain in a natural state (no cut or fill) or developed solely Where the average percent of for low intensity recreational the natural slope of the purposes as approved by the land is: Director of Planning shall be: 10.0 to 14.9% 32.5% 15.0 to 17.4% 40.0% 17.5 to 19.9% 47.5% 20.0 to 22.4% 55.0% 22.5 59 24.9% 62.5% 25.0 to 27.4% 70.0% 27.5 to 29.9% 77.5% 30.0 to 32.4% 85.0% 32.5 to 34.9% 92.5% The "Average Slope" of a parcel of land or any portion thereof shall be computed by applying the following formula to the natural slope of the land, before any grading is commenced: S = 0.00229IL Where: S = Average percent slope A I = Contour interval, in feet L = Summation of length of contours, in feet A = Area, in acres, of portion of parcel be- ing considered. Ordinance No. 77U -3- 9407 PERMIT FEES. Each application for a grading permit filed with the City shall be ac- companied by a fee, the amount of which shall be as shown in the follow- ing table: Five hundred (500) cubic yards or less: $10.00 Five hundred (500) to one thousand (1,000) cubic yards: $15.00 More than one thousand (1,000) cubic yards: $20.00 For each addition one thousand (1,000) cubic yards or major portion thereof: $10.00 Each application for a grading permit which involves construction, re- construction, altering, repairing or installing any structure in any natural watercourse shall be accompanied by an additional fee of $10.00 for each One Hundred Dollars ($100.00) or fraction thereof of estimated value up to $999.99 . If the estimated value of the work exceeds $999.99 there shall be an additional fee of $10.00 for each One Hundred Dollars ($100.00) or fraction thereof of estimated value in excess of One Thousand Dollars ($1,000.00). The fee for a grading permit authorizing additional work to that under a 41 valid permit shall be the difference between the fee paid for the ori- ginal permit and the fee shown for the entire project. For excavation and fill on the same site, the fee shall be based upon the volume of the excavation or the fill, whichever is greater. A plan check fee shall be as specified in Chapter 3 of the Building Code of Los Angeles County. 9408 PERMIT ISSUANCE OR DENIAL, CONDITIONS UPON ISSUANCE. A. Grounds for Denial Whenever in the judgement of the Director of Planning or the City Council, the proposed work would cause excessive and un- necessary scarring of the natural landscape through grading or removal of vegetation or that the views of neighboring sites will be unnecessarily affected, the application shall be denied. B. Conditions Upon Issuance In granting any permit under this chapter, the Director of Planning or the City Council may attach such conditions there- to as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conduc- ted in a manner likely to create a nuisance. No person shall violate any conditions so imposed by the Director of Planning or the City Council. Such conditions may include, but shall not be limited to: 1. Limitations on the hours of operation in which work may be performed; 2. Designation of routes upon which materials may be trans- ported and means of access to the site; 3. The place and manner of disposal of excavated materials; 4. Requirements as to the laying of dust and tracking of dirt, prevention of noises and other results offensive or injuri- ous to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience and reasonable desires and the needs of said neighborhood or any portion thereof; .4) 5. Designation of maximum or minimum slopes to be used if they vary from those prescribed in Chapter 70 of the Los Angeles County Building Code; 6. Regulations as to the use of public streets and places in the course of the work; 7. A performance bond to cover landscaping or other conditions under this chapter. 9409 DESIGNATION OF ROUTES. The Director of Planning shall attach as a condition to any permit issued under Section 9408 hereof a requirement that all equipment used to haul excavation or fill material from or to the site shall follow a designated route or routes within the City of Rancho Palos Verdes in going from and coming to the site. An applicant shall be entitled to the designation Ordinance No. 77U , -4- of a route providing access to a specified place other than the site, when he has sh-ow:n to the satisfaction of the Director of Planning that such specified place is a place where excavation material may be reasonably deposited or fill material may be obtained, as the case may be. 9410 FINALITY OF DECISION. The decision of the City Council is final. 9411 TRANSFERABILITY. No permit required by Section 9400 shall be transferable without the writ- ten consent of the City Engineer. 9412 DEPOSITS OF EARTH, ROCK, ETC. ARE PROHIBITED. A. Premises of Another Person No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material or debris so as to cause the same to be deposited upon or to roll, blow, flow, or wash upon or over the premises of another without the express written consent of the owner of such premises so affected, or upon or over any public place or way. B. Spilling No person shall, when hauling any earth, sand, gravel, rock, stone, or other excavated material or debris over any public street, alley or other public place, allow such material to blow or spill over and upon such street, ally, or place, or adjacent private property. C. Removal of Debris If, due to a violation of Sub-sections A or B of this Section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the person responsible therefor shall cause the same to be removed from such public place or way within thirty-six (36) hours. In the event it is not so removed, the City Engineer shall cause such removal and the cost of such removal by the City Engineer shall be paid to the City by the person who failed to so remove the material. 9413 VIOLATIONS OF SECTIONS, REMEDIES. Violations of Sections 9400, 9408 and 9412 are hereby declared to consti- tute public nuisances, which shall be considered a misdemeanor. Whenever the City Engineer, the Building Official or the Fire Official shall de- termine that conditions violating the aforementioned sections exist, he may require or provide for the abatement thereof. The City Attorney is hereby directed to institute such legal proceedings as may be necessary to abate any such public nuisance. The remedies provided herein are not exclusive, and are in addition to other remedies provided under this Code, or under any other law. 9414 COMPLIANCE WITH CHAPTER 70 OF THE LOS ANGELES COUNTY BUILDING CODE. Upon approval of the application by the Director of Planning or Planning Commission, the applicant must still conform to all conditions imposed by Chapter 70 of the Los Angeles County Building Code. III/ Section 2: On August 26, 1975, the grading controls in force in the City of Rancho Palos Verdes expired. The City is located on the Palos Verdes Peninsula, which has unique grade, slope and slide problems. Presently located within the City is an active landslide which has caused extensive damage to homes and property. Uncontrolled grading might result in the creation of new slide or aggravation of the existing slide. Enactment of this ordinance is also necessary to protect against flood hazard, erosion, and earth movement and to minimize fire hazard. The City Council finds that it is, therefore, necessary for the immediate preservation of the public peace, health, safety and general welfare that this Grading Ordinance become effective and operative immediately upon adoption. PASSED, APPROVED AND ADOPTED this 2nd of September , 1975, by the following vote: AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: None f MAY ATTEST: AQ • CITY CL RK V I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. passed and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 2nd day of September , 1975,. and that said Ordinance was posted pursuant to law. /(at.--7 C TY CLERK ' 1111 Ordinance No. 77U -6- STATE OF CALIFORNIA } - COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING CITY OF RANCHO PALOS VERDES The undersigned declares and certifies under penalty of perjury: • That he at all times herein mentioned was and now is the duly qualified and acting City Clerk of the City of Rancho Palos Verdes, California; That on the /5L-,L day of, , 19 TS , he caused to be posted in three conspicuous public. places, as required iti b law, ,r�� ,......„.....,f,- ' 4 f �.,e'l A 4/ . 4 / , / p i it, , *SOU- 10 41 „! . ., , Ali 1 1 . g_.„,,,_, y A / _ ....., _ft_ . • ......... ......„ w.f..- )11-arK)Le-e-PctiL Ca_raz_0,4,,L7Cr4 • , ,, i / . ' a, , , , a copy of which is attached hereto, in the followin.' publi' places in this City: City Hall r" is 31244 Palos Verdes Drive West r �q1/i±/7 J Los Angeles County Fire Station 4QQ0 Miraleste Plaza DA,K Intermediate School �� j-Ridgecrest 28915 Northbay Road Dated this / day of - 0" 197-5 . LEONARD G. WOOD, CITY CLERK EX OFFICIO CLERK OF THE COUNCIL • By ,/(/)-.7,/.---i„,_ -,7 ' --.0 . Deputy