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PC RES 1977-012RESOLUTION NO. 77-12 (P.C.) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMP?ENDING ADOPTION OF CODE AMENDMENT NO. 2 MAKING REVISIONS TO CHAPTER 6, PART 6, OF THE DEVELOPMENT CODE WHEREAS, the City has initiated Code Amendment No. 2, Grading Revisions; and WHEREAS, the Planning Commission has held public hear-ings�on this matter on October 12, 1976, and June 28, 1977, at which time all interested parties were given an opportunity to be heard and present evidence; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RECOMMEND TO THE CITY COUNCIL AS FOLLOWS: Section 1. That the Code revisions are necessary to better implement the General Plan goals and policies. Sec�.ion 2. That a Negative Declaration was issued for the pro- ject September 20, 1976. Section 3. For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby recommends approval of Code Amendment No. 2, pursuant to Exhibit "A" attached. APPROVED and ADOPTED this 28th day of June , 1977. Sharon W. Hightowe Director of Planning and Secretary to the Commission Glossary 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. EXHIBIT "A" CHAPTER 6, PART 6, --- GRADING 9660 PURPOSE J u e 28, 1977 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 accomplishing 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. Insures, insofar as practicable and in permitting reasonable development of land and minimizing fire hazard, the maximum retention of ground cover to aid in protection against flooding, erosion, earth movement, siltation, and other similar hazards. B. Protects property values by insuring the maximum preservation of the natural scenic character of the area consistent with the reasonable eco- nomic enjoyment of such property. C. Insures that the development of each parcel of land, as well as water I 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 project complies with all goals and policies of the General Plan and all future plans adopted by the City. Exhibit "A" page 2 9661 APPROVAL, WHEN REQUIRED No person shall grade, excavate or fill without approval 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, 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; tv EXibit "A" page 3 9663 (Continued) 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 I 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 grading. (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 benchrffdrk or other Exhibit "A" page 4 9664 (Continued) B. (Continued) 5. (Continued) 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 refer- enced to this permanent point. C. A minor grading approval is available for those applications determined to be minor in scope. Such projects include additions, 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 pro3ect 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 Exhibit "A" page -5 primary use of the lot. B. The grading and/or construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring 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 average 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 670. b. Fill shall not exceed a depth of five (5) feet at any point except where the Director or the Commission determines that unusual top- ography, soil conditions, previous grading, or other unusual cir- cumstances indicate that such grading would be reasonable and necessary. 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 (31�') feet in height may be used. Exhibit "A" Page 6 (3) On lots sloping with the street, and other configurations not discussed above, one retaining wall not to exceed 42 inches (3112') may be used on each side of the lot. (4) Adjacent to driveways, retaining walls not exceeding 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, not includ- ing those currently zoned open space/hazard). 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. Exhibit ""A" page 7 9668 (Continued) 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. 9669 APPROVAL -ISSUANCE OR DENIAL, CONDITIONS UPON ISSUANCE A. Grounds for Denial Whenever an 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 unnecessary scarring of the natural landscape through grading or removal of vegeta- tion or that the views of neighboring sates 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 an 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 in- clude, but shall not be limited to: 1. Limitations on the hours of operation an 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 ac- quasation of fill materials; Exhibit "A" page 8 0 4. Requirements as to the mitigation of dust and dirt, the prevention of noises and other results offensive or injurious to the neighbor- hood, the general public or any portion thereof, including due consid- eration, care, and respect for the property rights, convenience and reasonable desires and the needs of said neighborhood 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 (New wording) 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. 96611 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. B. Spilling No person shall, when hauling any earth, sand, gravel, rock, stone or other Exhibit "A" page 9 96611 B. Spilling (Continued) 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 ad3acent 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 therefore 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 allow- ing 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 ($200.00) 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. Exhibit "A" page 10 If any applicant, contractor, or sub -contractor violates Section 96611 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 CODES 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 three hundred and sixty-five (365) days, the grading approval shall expire and become null and void. The Director may grant extension beyond these specified periods for good cause.