ORD 555 ORDINANCE NO. 555
AN ORDINANCE AMENDING SECTION 17.56.020 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO REDUCE THE CITY'S
EXISTING ALLOWABLE CONSTRUCTION HOURS, CODIFY AN
EXISTING CONDITION OF APPROVAL REGULATING THE IDLING OF
CONSTRUCTION VEHICLES AND CLARIFY CERTAIN OTHER
PROVISIONS OF THE SECTION (CASE NO. ZON 2013-00420).
WHEREAS, on October 15, 2013, the City Council authorized the initiation of a
code amendment to decrease the allowable construction hours (Section 17.56.020 —
Conduct of Construction and Landscaping) and to codify Staffs existing practice of
imposing a standard condition of approval on projects to prohibit construction vehicles
from idling outside of the allowable construction hours; and,
WHEREAS, a notice was published on October 24, 2013, pursuant to the
requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA
Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the code amendment qualifies as a ministerial project and
therefore is exempt from the application of CEQA (Section 21080); and,
WHEREAS, on November 12, 2013, the Planning Commission adopted P.C.
Resolution No. 2013-27, recommending that the City Council adopt an ordinance to
amend Section 17.56.020 of the City's Municipal Code to reduce the City's existing
allowable construction hours, codify an existing requirement related to construction
vehicles and clarify other provisions of the section; and,
WHEREAS, a notice was published on December 12, 2013, pursuant to the
requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the City Council held a duly noticed public hearing on January 21,
2014, at which time all interested parties were given an opportunity to be heard and
present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the proposed
amendments to Section 17.56.020 of the Municipal Code.
Section 2: The City Council finds that the proposed amendments to Section
17.56.020 of the Municipal Code are consistent with California Government Code
Section 65853, zoning amendment procedures, because those procedures have been
followed in connection with the processing of the proposed ordinance.
Section 3: The City Council finds that the proposed amendments to Section
17.56.020 of the Municipal Code are consistent with the Rancho Palos Verdes General
Plan and Coastal Specific Plan, because they will reduce the impact of construction on
adjoining properties.
Section 4: The City Council finds that the proposed amendments to Section
17.56.020 are necessary to preserve the public health, safety, and general welfare in
the area because they will reduce the impact of construction on adjoining properties.
Section 5: Section 17.56.020 of Chapter 17.56 of Title 17 of the Rancho
Palos Verdes Municipal Code is hereby amended, to read as follows (the underlined
bold text represents new language; the text in strikettifeugh is to be deleted:
17.56.020— Conduct of construction and landscaping activities.
A. Dust Control. All grading, landscaping and construction activities shall
exercise effective dust control techniques, either through screening
and/or watering. It is unlawful to cause or allow airborne dust or
particles to leave a property and settle on, or otherwise significantly
impact in any way, surrounding properties. Dry sand-blasting shall be
prohibited. Only wet sand-blasting methodsappcovecl—by—the—Gityls
which meet the standards of the Southern
California Air Quality Management District (SCAQMD) shall be utilized.
B. It is unlawful to carry on construction grading or landscaping activities
or to operate heavy equipment except between the hours of 7 a.m. and
7 6 p.m. Monday through Satufday Friday and between 9 a.m. to 5
p.m. on Saturday. No such activity shall be permitted on Sunday or
the legal holidays listed in Section 17.96.920 of this Code, unless a
special construction permit is obtained from the director. Said special
construction permit must be requested at least 48 hours before such
work is to begin. Emergency work, as defined in Section 17.96.630
of this Code, and typical residential activities, such as lawn mowing,
gardening (without the use of weed and debris blowers), and minor
home repair/maintenance, shall be exempted from this these time and
day restrictions. The hours of operation for weed and debris blowers
are specified in Chapter 8.16 (Weed and debris Blowers) of this Code.
C. Temporary Construction Fencing. '
= - = : - - - -= - - - - Construction projects that are
accessible from a street right-of-way or an abutting property and
which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined
in Section Ghaptef 17.96.710 of this Code. Unless required to
protect against a safety hazard, temporary construction fencing shall
not be erected sooner than 15 days prior to commencement of
construction. Once erected, temporary construction fencing shall be
subject to the following standards and conditions:
Ordinance No. 555
Page 2 of 5
a. The temporary construction fencing shall surround all safety
hazards, as required by the building official, and shall
prevent unauthorized entry to the subject parcel;
b. During construction, the subject temporary fencing shall be
maintained in a condition that is consistent with the city's
property maintenance standards described in Chapter 8.24
(Property Maintenance) of the city's Municipal Code; and
c. Temporary construction fencing shall be maintained in a
condition that is consistent with the city's property
maintenance standards, which are set forth in Chapter 8.24
(Property Maintenance), and shall be removed, unless such
removal would create a safety hazard, as determined by the
director or the city's building official, within 30 days of
the following occurrences:
i. The expiration or withdrawal of the building/grading permit
for development of the fenced parcel; or
ii. Issuance of the final building/grading permit approval or
certificate of occupancy for the development of the fenced
parcel.
d. If the temporary construction fencing is determined by the
director or the city's building official to be necessary to
protect against a safety hazard or attractive nuisance, the
temporary fencing may be erected for a period of 180 days or
for a longer period, as permitted by the building official
until the hazard or nuisance is abated, after which the
property owner shall either remove the temporary fencing or
replace the temporary fencing with permanent fencing.
D. Construction Site Maintenance. All construction sites shall be
maintained in a secure, safe, neat and orderly manner, to the
satisfaction of the city's building official. All construction waste
and debris resulting from a construction, alteration or repair project
shall be removed on a weekly basis by the contractor or property
owner. Existing or Ttemporary portable bathrooms shall be provided
en-a during construction • - • -- • -- - - - ' ' - • - - • .
- - - - - - - - - - - -
Said pPortable bathrooms - - - e- - - ='- - = - = = = - =
shall be placed in a location that will minimize
disturbance to the surrounding property owners, to the satisfaction of
city's building official. Trash dumpsters placed in the public right-of-
way shall require prior approval from the city's department of public
works.
Ordinance No. 555
Page 3 of 5
E. Construction-Related Cargo Containers. Cargo containers may be
used in any zone for temporary storage in conjunction with
construction allowed through an active building permit, provided that
the city's building official determines that the active building permit
warrants the use of a cargo container for temporary storage and is
needed to facilitate construction. For purposes of this section, an
active building permit shall mean a building permit that has not expired,
has not been revoked, and has not been finaled. In the event that an
active building permit is finaled, revoked, or expired, any cargo
containers used for temporary storage shall be removed from the
property within 10 calendar days of said expiration, revocation, or
finalization. The number and location of cargo containers on
construction sites shall be subject to the approval of the city's building
official and shall be placed in a location that will minimize disturbance
to the surrounding property owners to the satisfaction of the city's
building official.
F. Construction Vehicles. During demolition, construction and/or
grading operations, trucks shall not park, queue and/or idle at the
project site or in the adjoining street rights-of-way before 7 a.m.
Monday through Friday and before 9 a.m. on Saturday, in
accordance with the permitted hours of construction stated in
Section 17.56.020(B). When feasible to do so, the construction
contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas
shall be located to maximize the distance between staging
activities and neighboring properties, subject to approval by the
building official.
Section 6: The rights given by any approval granted under the terms of Title
17 of the Rancho Palos Verdes Municipal Code prior to the effective date of the
adoption of said ordinance shall not be affected by the amendments to Title 17 by this
ordinance and shall continue in effect until and unless they are modified, revoked,
expired or are otherwise terminated according to the terms of the approval or the terms
of Title 17 as they exist prior to the effective date of said ordinance. The amendments
set forth in this ordinance shall not apply to Public Works Department contracts that
were approved prior to the effective date of this ordinance.
Section 7: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Ordinance No. 555
Page 4 of 5
Section 8: The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City of Rancho Palos Verdes.
Section 9: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31st day after its passage.
PASSED, APPROVED AND ADOPTED this 4th day of February 2014.
I two La
Mayor
Attest:
�?.cpv- , City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 555 passed first reading on January 21, 2014, was duly and regularly
adopted by the City Council of said City Council at a regular meeting thereof held on
February 4, 2014.
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: none
ABSTAIN: None
City Clerk
Ordinance No. 555
Page 5 of 5
Aj!
RANCHOPALOSVERDES
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, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on February 5, 2014, she caused to be posted the following document
entitled: ORDINANCE NO. 555, AN ORDINANCE AMENDING SECTION
17.56.020 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
REDUCE THE CITY'S EXISTING ALLOWABLE CONSTRUCTION HOURS,
CODIFY AN EXISTING CONDITION OF APPROVAL REGULATING THE
IDLING OF CONSTRUCTION VEHICLES AND CLARIFY CERTAIN OTHER
PROVISIONS OF THE SECTION (CASE NO. ZON 2013-00420), a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
6: ________ —1 .,..._
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.555.doc