ORD 617 ORDINANCE NO. 617
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO
REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010
(ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY
CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES
COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE
WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019-
0001).
WHEREAS, the State Water Resources Control Board (State Water Board) has
adopted the Water Quality Control Policy for Siting, Design, Operation and Maintenance
of Onsite Wastewater Treatment Systems (OWTS), dated June 19, 2012, also referred
to as the "OWTS Policy"; and
WHEREAS, the State Water Board's OWTS Policy provides a multi-tiered strategy
for management of OWTS in California; and
WHEREAS, the Los Angeles County Department of Public Health (DPH) submitted
a proposed Local Agency Management Program (LAMP) for oversight of OWTS within
designated cities and unincorporated areas of the County of Los Angeles to the local
Water Board prepared in accordance with the requirements of the OWTS Policy; and
WHEREAS, Cities desirous of having DPH's Land Use Program review proposed
OWTS must enter into a memorandum of understanding (MOU) with DPH and adopt the
appropriate sections of the Los Angeles County Health and Safety Code that has been
updated to reflect the current State Water Board's policies in order to provide for the
County's enforcement of the LAMP's provisions and restrictions; and
WHEREAS, the City of Rancho Palos Verdes desires to continue to receive DPH's
Land Use Program services to review proposed OWTS and enforce the LAMP's
provisions and restrictions; and
WHEREAS, the City has a compelling interest in protecting the public health,
safety, and welfare of its citizens, residents, visitors and businesses within the City by
receiving DPH's Land Use Program services to review proposed OWTS and enforce the
LAMP's provisions and restrictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Ordinance No.617
Page 1 of 3
SECTION 2. The City Council finds that the amendments to Section 8.04.010 of
the City of Rancho Palos Verdes Municipal Code are necessary to comply with new
standards and regulations mandated by the State Water Board.
SECTION 3. The City Council finds that the amendments to Section 8.04.010 of
the City of Rancho Palos Verdes Municipal Code to adopt Chapter 11.38 of the Los
Angeles County Health and Safety Code are necessary to preserve the public health,
safety, and general welfare of the City's residents, visitors and businesses by ensuring
adequate service to OVVTS within the City.
SECTION 4. Section 8.04.010 (Adoption of Los Angeles County Health and Safety
Code) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced to
read as follows:
8.04.010 - Adoption of Los Angeles County Health and Safety Code.
A. Except as hereinafter provided, Title 11, entitled "Health and Safety," of the
Los Angeles County Code, as amended and in effect on September 1, 1998, is adopted
by reference as the health code of the City of Rancho Palos Verdes and may be cited as
such.
B. Chapter 11.38, entitled "Water and Sewers", of Title 11 of the Los Angeles
County Code, as amended and in effect on January 15, 2019, is adopted by reference as
the LAMP Ordinance of the City of Rancho Palos Verdes and may be cited as such.
C. A copy of the county health and safety code has been deposited in the office
of the City Clerk and shall be at all times maintained by the City Clerk for use and
examination by the public.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
SECTION 6. Certification and Posting. 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.
Ordinance No.617
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Section 7. The time within which judicial review of the decision reflected in this
Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable periods of limitation.
Section 8. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED this 19th day of February, 2019.
Mayor
ATTES
ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 617 passed first reading on January 15, 2019, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
February 19, 2019, and that the same was passed and adopted by the following roll call
vote:
AYES: Alegria, Brooks, Cruikshank, Dyda and Mayor Duhovic
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance No.617
Page 3 of 3
CITY OF RANCHO PALOS VERDES
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 City Clerk of
the City of Rancho Palos Verdes;
That on February 20, 2019, she caused to be posted the following
document entitled: ORDINANCE NO. 617, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE
MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF LOS
ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT
CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND
SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT
SYSTEMS (CASE NO. PLCA2019-0001), 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
certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
City Clerk