ORD 089 ORDINANCE NO. 89
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES MAKING REVISIONS TO THE GRADING
PROVISIONS OF THE DEVELOPMENT CODE AND
AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The Rancho Palos Verdes Municipal Code is amended
by amending Part 6, Chapter 6, Article IX, to read:
9660 PURPOSE
The City of Rancho Palos Verdes finds and declares that it is necessary to adopt
this Part to promote the public health, safety, and general welfare by accomplish-
ing the purposes set forth in this Part, and it is intended that this Part be
administered in accordance with such purposes. Where this Part is in conflict
with other City ordinances, the stricter shall apply. Specifically, this Part:
A. In permitting reasonable development of land and minimizing fire
hazard, insures the maximum retention of ground cover to aid in
protection against flooding, erosion, earth movement, siltation,
and other similar hazards.
B. Insures the maximum preservation of the natural scenic character
of the area consistent with the reasonable economic enjoyment of
such property.
C. Insures that the development of each parcel of land, as well as
water courses, streets, and other public lands and places, occurs
in a manner harmonious with adjacent lands so as to minimize
problems of flooding, drainage, erosion, earth movement and similar
hazards, and to maintain the visual continuity of hill and valley
without unsightly continuous benching of buildable sites.
D. Insures that each project complies with all goals and policies of
the General Plan and all future plans adopted by the City.
9661 APPROVAL, WHEN REQUIRED
No person shall grade, excavate or fill without approval if such grading, excavat-
ing or filling will result in any of the following:
A. An excavation, fill, or combination thereof, in excess of twenty
(20) cubic yards in any two (2) year period;
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, trail. underground, or power line easement by a private
person;
D. An excavation or fill which will encroach on or alter a natural
drainage channel or water course.
9662 SEPARATE APPROVAL REQUIRED
Separate approval is required for each separate site. One approval covers both
an excavation and a fill on the same site made with excavated materials.
9663 APPROVAL EXEMPTIONS
No approval shall be required by virtue of this Part, except as under Section
96612, for any of the following:
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 footings only of a structure,
for a swimming pool, building sewer, or for a sewerage system and
underground utilities. This exception shall not affect the
applicability of this Part to, nor the requirement of a grading
approval for, any fill made with the material from such excavation;
E. Tilling of the soil for agricultural and horticultural purposes.
9664 APPROVAL APPLICATION
A. To obtain approval required by this Part, the applicant shall
first file a completed application form 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 authority must be shown in writing. In addition to the
information required on the completed application, the Director
may require supplemental information deemed necessary to carry
out the purposes of this Part.
B. The application shall be accompanied by scale plans or drawings,
prepared and signed as appropriate by a registered civil engineer,
architect, or landscape architect (unless such requirement is
waived by the Director if all proposed grading is minor in scope)
showing the following:
1. A plot plan of the subject property, at a reasonable scale,
identifying all property lines, existing and proposed
structures, accurate contours of existing topographic
conditions, and finished contours of all proposed grad-
ing. (One (1) foot contour intervals are required.
Five (5) foot contour intervals may be accepted if
deemed appropriate by the Director of Planning.)
2. The location of any existing structure on an adjacent
property if within fifteen (15) feet of the proposed
grading.
3. Typical and highest/greatest point cross sections of
retaining walls, cut slopes and fill slopes.
4. Any additional plans, drawings, or calculations deemed
necessary by the Director of Planning, in order to
illustrate conformance of the proposed grading with the
provisions of the Development Code.
5. The plot plan shall establish the elevation of some
permanent benchmark or other reference point on or
directly adjacent to the subject property. The
reference point shall not be altered in elevation or
location. Any grading depths and heights of future
structures on this property shall be referenced to
this permanent point.
Page 2 Ord. 89
C. A minor grading approval is available for those applications
determined to be minor in scope. Such projects include ad-
ditions, landscaping projects, and minor grading for access,
gardens, and various other projects determined to be similar
by the Director of Planning. In order to qualify for a minor
grading approval, the project must:
1. Involve less than fifty (50) cubic yards of earth moving
(sum of cut and fill) ; and
2. Involve less than a five (5) foot deep cut; and/or
3. Involve less than a five (5) foot high fill.
9666 APPLICATION REFERRED TO PLANNING COMMISSION
When the grading is to be done on a site which is intended to be subdivided into
two or more parcels, which involves one thousand (1,000) cubic yards of cut and/or
fill, or on existing recorded and legally subdivided lots with a total average
slope of thirty-five (35) percent or greater and where more than twenty-five (25)
percent of the grading activity occurs on the slope exceeding thirty-five (35)
percent, the application shall be referred to the Planning Commission for review.
The Planning Commission shall approve, deny, or approve with conditions.
9667 CRITERIA FOR EVALUATION OF GRADING APPLICATION
The Director of Planning and/or the Planning Commission shall use but not be
limited to the following criteria ,in assessing an application for grading
approval:
A. The grading is not excessive beyond that necessary for the
permitted primary use of the lot.
B. The grading and/or construction does not significantly adversely
affect the visual relationships with, nor the views from, neigh-
boring sites.
C. The nature of the grading minimizes disturbance to the natural
contours; finished contours are reasonably natural.
D. Allowable Grading
1. All grading applications shall indicate the avarage percent
slope, as determined by the slope averaging formula and
guidelines below:
Formula for determining average slope:
S = 100 IL
A
Where: S = Average percent slope
I = Contour interval in feet
A = Area of the total site in square feet
L = Summation of length of contours, in feet
(Per appropriate scale) , for the total site
2. General Criteria
a. No finished slopes greater than 35% may be created
except at the point of vehicular access, adjacent to
driveways (see Section E) , and under the structure
where the maximum slope shall be 67%.
b. Fill shall not exceed a depth of five (5) feet at any
point except where the Director or the Commission
determines that unusual topography, soil conditions,
previous grading, or other unusual circumstances indicate
that such grading would be reasonable and necessary.
pg. 3 Ord. 89
c. Retaining Walls
(1) One upslope retaining wall not to exceed eight
(8) feet in height may be used.
(2) One downslope retaining wall not to exceed
three and a half (3-1/2) feet in height may
be used.
(3) On lots sloping with the street, and other
configurations not discussed above, one retain-
ing wall not to exceed 42 inches (3-1/2') may be
used on each side of the lot.
(4) Adjacent to driveways, retaining walls not exceed-
ing five (5) feet may be used, if required for
slope stabilization (see also Section E) .
(5) Retaining walls being an integral part of the
structure may exceed eight (8) feet if necessary.
3. Criteria for grading on slopes greater than or equal to 35%:
a. Grading on slopes equal to or exceeding 35% will be
allowed on existing recorded and legally subdivided lots
(as of December 25, 1975, excluding those currently
zoned open space/hazard) if the Director and/or Planning
Commission finds that such grading, or grading with
conditions, will not pose a threat to the public health,
safety and welfare.
b. Small isolated areas of slope equal to or exceeding
35%, less than 5% of the total lot area, will not be
counted.
c. No fill will be permitted on a slope exceeding 50%
except for required access (maximum 67%) .
d. No slopes steeper than those existing may be created
except as in 9667 ,D,. 2.c. or under the structure.
E. Driveways
1. Driveways shall not be permitted which exceed twenty (20%)
percent slope except that one (1) length, not at point of
access, of not more than ten (10) feet may have a slope of
twenty-two (22%) percent.
2. Retaining walls not exceeding five (5) feet in height shall
be permitted for soil stabilization adjacent to a driveway.
3. Adjacent to driveways, slopes not greater than 67% will be
permitted.
9668 FEES
Each application for grading approval filed with the City shall be accompanied by
a fee, as established by Resolution of the City Council.
Any revision to an approved grading application must be approved by the City and
a fee shall be paid, as established by Resolution of the City Council.
In addition to City fees, permit and plan check fees shall be as specified by
Chapter 3 of the Building Code of Los Angeles County.
Pg. 4 Ord. 89
9669 APPROVAL ISSUANCE OR. DENIAL, CONDITIONS UPON ISSUANCE
A. Grounds for Denial
Whenever in the judgement of the Director of Planning or the
Planning Commission, based on the purpose of this Part and
the criteria of Section 9667, the proposed work would cause
excessive and unnec essary scarring of the natural landscape
through grading or removal of vegetation or that the views of
neighboring sites will be significantly adversely affected, the
application shall be denied.
B. Conditions Upon Issuance
In granting any approval under this Chapter, the Director of
Planning or the Planning Commission may attach such conditions
thereto as may be reasonably necessary to prevent danger to
public or private property, to prevent the operation from being
conducted in a manner likely to create a nuisance, or to preserve
any intent of any goal or policy of the General Plan. No person
shall violate any conditions so imposed by the Director of Planning
or Planning Commission. 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 transported
and means of access to the site;
3. The place and manner of disposal of excavated materials and/or
acquisition of fill materials;
4. Requirements as to the mitigation of dust and dirt, the prevention
of noises and other results offensive or injurious to the neigh-
borhood, the general public or any portion thereof, including
due consideration, care, and respect for the property rights,
convenience and reasonable desires and needs of said neighbor-
hood or any portion thereof;
5. Designation of maximum or minimum slopes to be used;
6. Regulations as to the use of public streets and places in the
course of the work;
7. Landscaping, in addition to the minimum required by Chapter
70 of the Los Angeles County Uniform Building Laws;
8. A performance bond to cover landscaping or other conditions
under this Part.
96610 APPEAL
The petitioner or any other interested person may appeal any decision or any
condition of the Director to the Planning Commission or of the Commission to the
City Council by filing a written request, together with an appeal fee as established
by Resolution of the City Council, with the City within fifteen (15) days after the
decision is made.
9+6.6:11 DEPOSITS OF EARTH, ROCK, ETC. ARE PROHIBITED
A. Depositing
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.
Pg. 5 Ord. 89
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, alley, 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 private property, the person responsible therefor
shall cause the same to be removed from such public place or
private property within thirty-six (36) hours, or immediately
after notification by the City if a hazardous condition is caused.
In the event it is not so removed, the Director of Public Works
shall cause such removal and the cost of such removal shall be
paid to the City by the person who failed to so remove the
material.
D. Deposit Before Being Granted a Grading or Building
Permit Allowing Excavation
The applicant shall deposit with the City the sum of two hundred
dollars ($200) in the form of cash, check or money order as security
for the proper removal of excavated material before being granted
a grading or building permit allowing excavation. Such excavated
material shall be disposed of in the manner set forth and at the
location indicated on the City's "Notice to Contractors and Property
Owners - Requirements for Removal of Excavated Materials." Upon sub-
mission to the City of Dump Receipts which substantiate the proper
removal of all excavated material from the building site as shown
on the Notice, the two hundred dollar ($200) deposit shall be
returned. Failure to comply with this provision shall result in
forfeiture of the security deposit. Forfeited deposits shall be
placed in the general fund of the City and used to cover the cost
of removing illegally dumped material.
If any applicant, contractor, or sub-contractor violates Section
96611 D. of Article IX of this Code, said applicant and any
contractor or sub-contractor shall be denied the right to receive
any other grading permit or building permit involving excavation of
materials in the City of Rancho Palos Verdes for a period of one
year.
96612 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 as adopted by Rancho Palos Verdes, including all
required fees, and approval by the Director is not final until approval has been
granted by the City Engineer.
96613 EXPIRATION
If the grading permitted is not initiated within one hundred and eighty (180)
days from the date of approval and completed within 365 days, the grading
approval shall expire and become null and void. The Director may grant
extension beyond these specified periods for good cause.
Pg. 6 Ord. 89
Section 2. The Glossary to Article IX of the Rancho
Palos Verdes Municipal Code is amended by adding the definition of
"USE, PRIMARY" to read:
USE, PRIMARY, shall mean the principal use permitted in
the District; for example, in a Single Family District the primary use
would be a single family residence and access to it.
PASSED, APPROVED AND ADOPTED THIS 19th day of July , 1977, by
unanimous vote.
MAYO'
ATTEST:
"S4 :
CIT` CLE' P
I HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 89, passed and adopted by the City Council of the City of Rancho
Palos Verdes at a meeting thereof held on the 19th day of July , 1977.
• le TY ji ER
Pg. 7 Ord. 89
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and
says :
That at all times herein mentioned, he/she was and now
is the duly qualified and acting Deputy City Clerk of the City of
Rancho Palos Verdes, California
That on the 29th day of July 19�7 , he/she
caused to be posted in three conspicuous places , as required by law,
ORDINANCE :No. 8_9 �GR�ADIN ,� 1
a copy of which is attached hereto in the following public places in
the City :
1. City Hall
Rancho Palos Verdes
California
2, Los Angeles County Fire Department,
Miraleste Station
4000 Miraleste Plaza
Rancho Palos Verdes
California
3. Ridgecrest Intermediate School
28915 Northbay Road
Rancho Palos Verdes
California
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting.
LEONARD G. WOOD, City Clerk
City of Rancho Palos Verdes
A/ l By /
ep ty C y` ark
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