CC SR 20170905 03 - Highway Permits Code AmendmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/05/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce an ordinance amending Rancho Palos
Verdes Municipal Code Chapter 12.04 (Highway Permits).
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. , AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 12.04 (HIGHWAY PERMITS) OF
TITLE 12 OF THE CITY'S MUNICIPAL CODE.
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 /`.,7,-
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. (page A-1)
B. Chapter 12.04 - Redlined (page B-1)
BACKGROUND AND DISCUSSION:
At the July 19, 2017, City Council meeting, the City Council reviewed and conceptually
approved revisions to Municipal Code Chapter 12.04 (Highway Permits). Therefore,
Staff has prepared an ordinance (Attachment A) for introduction at tonight's meeting to
codify these revisions. For reference, a redlined version of the revisions to Chapter
12.04 is also provided (Attachment B).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Direct staff to further revise Chapter 12.04, and agendize the revised
ordinance for re -introduction at the next City Council meeting.
2. Direct Staff to take no action this time.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 12.04 (HIGHWAY PERMITS) OF TITLE 12 OF THE
CITY'S MUNICIPAL CODE
WHEREAS, the City Council desires to amend provisions of the Rancho Palos
Verdes Municipal Code that describe the types of permits that are issued for work along
City streets, sidewalks and public places; and,
WHEREAS, on July 19, 2017, the City Council reviewed and conceptually approved
amendments to Chapter 12.04 (Highway Permits) of Title 12 (Streets, Sidewalks and
Public Places) of the Rancho Palos Verdes Municipal Code; and,
WHEREAS, the City Council now desires to codify the above-mentioned
amendments.
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.
Section 2: Chapter 12.04 (Highway Permits) of Title 12 (Streets, Sidewalks and
Public Places) is hereby amended to read as follows:
12.04.045 Haul Route Permit
A. Application:
1. In addition to the information required of an applicant for an
encroachment permit of any other permit required by this code,
each applicant requesting approval of the haul route permit
shall fully and completely submit to the City a written application
on a form prepared by the Director of Public Works.
2. Haul Route Permit application must be submitted to and
approved by the Public Works Department prior to any loaded
truck entering the City or issuance of a grading permit,
whichever occurs first.
B. Application Contents: The director shall develop an application
form and make it available to applicants upon request. The
application shall require the following information, in addition to all
other information determined necessary by the director:
1. A haul route plan
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2. Name, address and telephone number of the applicant.
3. Project name (if applicable)
4. Origin address
5. Destination address
6. Grading permit (if applicable)
7. Number of trucks
8. Type of material to be hauled, including characterization
9. Documentation of tested material
10. Total cubic yards
11. Load Weight (Bill of Lading)
12. Start and end date of hauling
13. Hours of operation
14. 24-hour contact number
15. Traffic Control Plan (if applicable)
C. City Business License: The Applicant is required to secure a City
Business License and provide proof of insurance in accordance with
the City's requirements.
D. Permit Fees: The cost of this permit shall be paid by the applicant
through a trust deposit pursuant to the City's adopted fee schedule
resolution.
Section 3: 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 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, or
phrases hereof be declared invalid or unenforceable.
Section 4: 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.
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PASSED, APPROVED, AND ADOPTED this day of 2017.
Brian Campbell Mayor
Attest:
Emily Colburn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBURN, 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. _ passed first reading on September , 2017, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on
2017, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
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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, 145, 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
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.
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"Advertising structure" does not include:
C. Official notices issued by any court or public body or officer;
D. Notices posted by any public officer in performance of a public duty or by any person in giving
legal notice;
E. Directional, warning or information structures required by or authorized bylaw or by federal, state or
county authority;
F. 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, 315, 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,
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. B-2
(Ord. 97 § 1 (part), 1978)
12.04.045 Haul Route Permit
A. Application:
1. In addition to the information required of an applicant for an encroachment
permit of any other permit required by this code, each applicant requesting
approval of the haul route permit shall fully and completely submit to the City a
written application on a form prepared by the Director of Public Works.
2. Haul Route Permit application must be submitted to and approved by the Public
Works Department prior to any loaded truck entering the City or issuance of a
grading permit, whichever occurs first.
B. Application Contents: The director shall develop an application form and make it
available to applicants upon request. The application shall require the following
information, in addition to all other information determined necessary by the
director:
1. A haul route plan
2. Name, address and telephone number of the applicant.
3. Project name (if applicable)
4. Origin address
5. Destination address
6. Grading permit (if applicable)
7. Number of trucks
8. Type of material to be hauled, including characterization
9. Documentation of tested material
10. Total cubic yards
11. Load Weight (Bill of Lading)
12. Start and end date of hauling
13. Hours of operation
14. 24-hour contact number
15. Traffic Control Plan (if applicable)
C. City Business License: The Applicant is required to secure a City Business License and
provide proof of insurance in accordance with the City's requirements.
D. Permit Fees: The cost of this permit shall be paid by the applicant through a trust
deposit pursuant to the City's adopted fee schedule resolution.
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
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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)