CC SR 20170718 04 - Haul Route Code AmendmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/18/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to amend Chapter 12.04 (Highway Permits) of the
City's Municipal Code to add haul route permit requirements.
RECOMMENDED COUNCIL ACTION:
(1) Review staff's proposed language to amend Title 12 of the Rancho Palos Verdes
Municipal Code establishing procedures and requirements for requiring haul
route permits, and direct Staff to proceed with an Ordinance to codify the
recommended changes.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Nicole Jules, PE, Deputy Director of Public Works
REVIEWED BY: Terry Rodrigue, PE, Interim Director of Public Works
APPROVED BY: Doug Willmore, City Manager.)/,.,
ATTACHED SUPPORTING DOCUMENTS:
A. Chapter 12.04 of RPVMC Title 12 (page A-1)
B. Section 16.06.010 of Title 16 of the Los Angeles County Code of
Ordinances (page B-1)
BACKGROUND AND DISCUSSION:
Grading Permits issued by the Community Development Department include conditions
of approval that require permit applicants to secure a haul route permit from the Public
Works Departing for grading/hauling purposes. There have also been instances where
illegal grading has occurred and, due to the City not having a codified process, these
illegal activities are difficult to enforce particularly by the Sheriff's Department. In order
to provide clear and concise regulations for Staff, as well as residents, business owners
and developers, the Public Works Department is proposing to amend Title 12 to clarify
permit requirements and procedures for requiring haul routes.
The Public Works Department has been issuing haul route permits pursuant to the Los
Angeles County Highway Permit Ordinance No. 3597, as adopted and referenced in
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Title 12 of the Rancho Palos Verdes Municipal Code (RPVMC). RPVMC Section
12.04.010 reads:
12.04.010 - County ordinance adopted.
A. Ordinance No. 3597 of the county, known as the Highway Permit
Ordinance, as amended and in effect on September 7, 1973, which
ordinance regulates streets and highways and provides for permits for
the moving of buildings and the making of excavations in public streets
and the laying, constructing and repairing of curbs and sidewalks, is
adopted.
B. Three copies of Ordinance No. 3597 of the county, as amended, are
on deposit 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.
(Ord. 15 § 4, 19 74)
Although referenced, the County Code states:
16.06.010 - Permit—Prerequisite to commencement of certain work.
A. Every person, except as otherwise provided in this Division 1, is required to
obtain a permit from the commissioner before he:
1. Moves or causes to be moved over, along or across any highway any load
or vehicle;
2. Makes or causes to be made any excavation or encroachment in any
highway,
3. Places, changes, renews or abandons a facility or encroachment;
4. Places, constructs or repairs any curb, gutter, sidewalk, driveway,
pavement, base course, retaining wall, storm drain, culvert, or other
work of similar nature in, over, along, across or through any highway;
5. Constructs, reconstructs or repairs any highway light or highway lighting
system in any highway or in any privately owned thoroughfare which is
open to public travel, this subsection A5 does not apply if any
agreement with the county exists for the construction, reconstruction or
maintenance of such installation;
6. Constructs, reconstructs, repairs or maintains any overhead structure or
other appurtenant facility,
7. Places or leaves any impediment to travel upon any highway.
B. Any person who does any of the acts specified in this section, without the
authority of such a permit, is guilty of a misdemeanor.
(Ord. 11581 § 1, 1977; Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 100,
1940.)
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As written, the County Code is rather vague with respect to the permit requirement for
haul routes and, over time, permit issuance and enforcement have become problematic.
Consequently, when haul route permits are issued, Staff has encountered (among other
things) inconsistencies with the permit requirements and uncertainty about when
permits are needed, which has resulted in insufficient backup data regarding the origin,
destination and the character of the material that is being hauled. Furthermore, Staff
has experienced difficulty with enforcement and has had challenges from the public
regarding the legitimacy of permits. As an opportunity for improvement, Staff
recommends the following permit requirements for adoption as an amendment to
RPVMC Title 12:
A Haul Route Permit application must be approved by the Public Works
Department prior to any loaded truck entering the City or issuance of a grading
permit, whichever occurs first. The Haul Route Permit must include the following:
a Haul Route Plan that, indicates the origin and destination of haul activity, and
the volume of material. The approved Haul Route Plan must be kept on the job
site at all times. Any deviation from the plan requires approval from the City. The
haul route plan expires 90 days from date of permit issuance or upon final
inspection, whichever occurs first.
• The Haul Route Permit application shall include the following information:
o Name of contractor
o Project name (if applicable)
o Origin address
o Destination address
o Grading permit (if applicable)
o Number of trucks
o Material to be hauled
o Documentation of tested material (if destination is City -owned property or
public right-of-way)
o Total cubic yards
o Start date of hauling
o End date of hauling
o Hours of operation
o Contact person
o Daytime phone number
0 24-hour phone number
o Traffic Control Plan if required
The Applicant is required to secure a City Business License and provide proof of
insurance in accordance with the City's requirements.
• The contractor is responsible for keeping City streets and facilities free of debris
during operating and until the end of the job. The contractor shall be responsible
for maintaining public rights-of-way used for hauling purposes in a condition free
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of dust, soils and debris. Haul vehicles will comply with the freeboard
requirements of Section 23114 of the California Vehicle Code for both public and
private roads.
• Loading and transportation of hauled materials shall be accomplished within the
time limitations established per the Rancho Palos Verdes Municipal Code. The
City reserves the right to limit the number of trucks and hours of operation
depending upon the location of the project and impacts to traffic circulation.
• The City may require that a trust deposit to correct any deficiency or public safety
hazard created by the hauling operation or in violation of the permit.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
Direct Staff to take no action this time.
2. Identify additional permit requirements for Staff to research for City
Council's consideration at a future meeting.
El
Chapter 12.04 - HIGHWAY PERMITS
Sections:
12.04.010 - County ordinance adopted.
A. Ordinance No. 3597 of the county, known as the Highway Permit Ordinance, as amended and in effect
on September 7, 1973, which ordinance regulates streets and highways and provides for permits for
the moving of buildings and the making of excavations in public streets and the laying, constructing
and repairing of curbs and sidewalks, is adopted.
B. Three copies of Ordinance No. 3597 of the county, as amended, are on deposit 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.
(Ord. 15 § 4, 1974)
12.04.020 - Sections 144, 14S, 146, 147 and 148 amended—Advertising structures.
Notwithstanding the provisions of Section 12.04.010 the Highway Permit Ordinance, being Ordinance
No. 3597 of the county is amended by adding Sections 144, 145, 146, 147 and 148 to read:
Section 144. No person shall place, change or renew any advertising structure which encroaches in,
along, under, over or across any highway or the right-of-way of any highway in the City of Rancho
Palos Verdes.
Section 145. Any presently existing advertising structure which encroaches in, along, under, over or
across any highway or the right-of-way of any highway in the City of Rancho Palos Verdes shall be
removed within ten (10) days of the expiration of the permit pertaining thereto.
Section 146. Notice, Removal, Storage.
(a) Notice. If any public officer designated by the City Manager determines that an advertising
structure is installed, used, maintained, or retained in violation of the provisions of this chapter,
he shall take reasonable steps to notify the owner thereof as follows:
(1) The advertising structure is in violation of the provisions of this chapter for reasons set forth
in said notice, and
(2) The owner must, within ten (10) days of receipt of notice, remove the advertising structure,
or
(3) The public officer shall remove the advertising structure and store it as provided in
subsections (b) and (c) unless the owner removes the advertising structure pursuant to Part
(2) of this subsection.
(b) Removal. If, after complying with the notice requirements provided in subsection (a), the
advertising structure has not been removed at the expiration of ten (10) days from the date the
owner received notice pursuant to Paragraph (a) above, then the public officer shall remove the
advertising structure.
(c) Storage. If the public officer removes the advertising structure, he shall store the advertising
structure in any convenient place designated by the City Manager. The owner of the advertising
structure may reclaim the advertising structure from the officer within thirty (30) days of its removal
by him. Upon failure of the owner, following notice, to claim such advertising structure and pay
the expenses of removal and storage, within thirty (30) days after such removal, such advertising
structure shall be deemed to be unclaimed property in possession of the City and may be
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disposed of pursuant to the law. The fee for such removal and storage shall be fixed by the City
Council by resolution.
Section 147. Cumulative Remedies. The remedies set forth in Section 146 for violation of the
provisions of this chapter are in addition to any other penalties that may be available to the City.
Section 148. "Advertising structure" means a structure of any kind or character erected or maintained
for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement
of any kind whatsoever may be placed, including benches, statuary, for advertising purposes.
"Advertising structure" does not include:
(a) Official notices issued by any court or public body or officer;
(b) Notices posted by any public officer in performance of a public duty or by any person in giving
legal notice;
(c) Directional, warning or information structures required by or authorized by law or by federal, state
or county authority;
(d) A structure erected near the City of Rancho Palos Verdes' boundaries, which contains the name
of such city and the names of, or any other information regarding, civic, fraternal or religious
organizations located therein.
(Ord. 61 § 1, 1974)
12.04.030 - Duties transferred to city.
Notwithstanding the provisions of Section 12.04.010 and the provisions of the Highway Permit
Ordinance adopted thereby, all powers duties and responsibilities of the road commissioner of the county
with respect to permits, inspections, work, administration or otherwise relating to construction, excavations
or encroachments in city streets (as more particularly set forth and specified in Sections 100b -100c and
100d of the Highway Permit Ordinance), are transferred to and vested in the director of public works of the
city. "Road department" shall mean the public works department of the city in all cases where such term is
used in the Highway Permit Ordinance in connection with such construction, excavations or
encroachments. "Board of supervisors" shall mean the city council in all cases where such term is used in
the Highway Permit Ordinance in connection with such construction, excavations or encroachments.
(Ord. 97 § 1 (part), 1978)
12.04.040 - Sections 113, 128, 304, 308, 309, 313 and 709 amended—Sections 307, 314, 31S, 710, 1101
and 1102 repealed—Street construction.
Notwithstanding the provisions of Section 12.04.010 and the provisions of the Highway Permit
Ordinance adopted thereby, the Highway Permit Ordinance is amended by deleting therefrom Sections
307, 314, 315, 710, 1101 and 1102 and amending Sections 113,128, 304, 308, 309, 313 and 709 to read:
Section 113. "Highway" means any public highway, public street, public place in the City of Rancho
Palos Verdes, either owned by the City or dedicated to the public for the purpose of travel. The term
includes all or any part of the entire width of right of way, and above and below the same, whether or
not such entire area is actually used for highway purposes.
Section 128. Any -person engaged in performing work regulated by this Chapter which interferes with
or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs,
barricades, lights and devices. He shall be responsible for placing and maintaining adequate warning
signs, lights, barricades and devices during all periods of his activity in order to promote the safe
movement of traffic including but not limited to periods of twilight, fog and/or rain. All warning signs,
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barriers, barricades, flags, and other devices shall comply with or exceed the standards required in
the Vehicle Code. Traffic controls throughout permit construction shall conform to the current State of
California "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon
Highways."
Section 304. The issuance fee for permits shall be established by resolution of the City Council.
Section 308. The Director of Public Works shall charge for any related engineering, inspection,
administration or other pertinent services on permits for the construction of curbs, gutters, walks and
highway surfaces as required in accordance with the provisions of the City of Rancho Palos Verdes
Development Code.
Section 313. The costs of Director of Public Works for repairing and restoring the highway surface
may be charged to a permittee on an actual cost basis.
Section 709. A driveway including sideslopes shall not be constructed within a curb return.
(Ord. 97 § 1 (part), 1978)
12.04.050 - Engineering services relating to construction and excavation permits under the Highway
Permit Ordinance.
In the event the permittee cannot obtain an engineering firm to do the desired work with respect to the
proposed construction the public works department may provide such services. To guarantee payment of
costs incurred by the department in performing such work, the permittee shall deposit with the director of
public works an amount, as determined by the director, equal to the projected costs. The amount shall be
determined at the time a permit is granted. In the event the amount deposited is insufficient to pay for work
performed by the department, the director shall bill the permittee in accordance with Section 501 of the
Highway Permit Ordinance.
(Ord. 97 § 1 (part), 1978)
12.04.060 - Penalty for violation.
Every person who performs any work regulated by this chapter, either without first obtaining a permit
therefor from the commissioner or having a permit, fails or refuses to comply with any applicable provisions
of this chapter or with any condition of the permit or perform work contrary to any of the general or special
requirements or specifications of the permit, is guilty of a misdemeanor, and is guilty of a separate offense
for every day during any part of which such violation occurs.
(Ord. 97 § 1 (part), 1978)
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16.06.010 - Permit—Prerequisite to commencement of certain work.
A. Every person, except as otherwise provided in this Division 1, is required to obtain a permit from the
commissioner before he:
1. Moves or causes to be moved over, along or across any highway any load or vehicle;
2. Makes or causes to be made any excavation or encroachment in any highway;
3. Places, changes, renews or abandons a facility or encroachment;
4. Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course,
retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through
any highway;
5. Constructs, reconstructs or repairs any highway light or highway lighting system in any highway
or in any privately owned thoroughfare which is open to public travel; this subsection A5 does not
apply if any agreement with the county exists for the construction, reconstruction or maintenance
of such installation;
6. Constructs, reconstructs, repairs or maintains any overhead structure or other appurtenant
facility;
7. Places or leaves any impediment to travel upon any highway.
B. Any person who does any of the acts specified in this section, without the authority of such a permit,
is guilty of a misdemeanor.
(Ord. 11581 § 1, 1977; Ord. 9349 § 1 (part), 1967: Ord. 3597 Ch. 1 § 100, 1940.)
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