CC SR 20180220 03 - Haul Route Permit OrdinanceRANCHO PALOS VERDES CITY COUNCIL
MEETING DATE: 02/20/2018
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to re -introduce a Haul Route Ordinance.
RECOMMENDED COUNCIL ACTION:
(1) Re -introduce Ordinance No. 599, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADDING CHAPTER 12.06 (REGULATION OF EARTH
HAULING OPERATIONS) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC
PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
REGULATE EARTH HAULING OPERATIONS IN THE CITY OF RANCHO
PALOS VERDES.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Elias Sassoon, PE, Director of Public Works
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manager f',,,—,
ATTACHED SUPPORTING DOCUMENTS:
A. Revised Draft Ordinance No. 599 (page A-1)
B. July 18, 2017, City Council agenda report and Minutes (page B-1)
C. September 5, 2017, City Council agenda report and Minutes (page C-1)
BACKGROUND AND DISCUSSION:
At the July 18, 2017, and September 5, 2017, City Council meetings (Attachments B and
C), the City Council reviewed drafts of a proposed haul route ordinance and directed
Staff to make certain modifications for reintroduction of the ordinance at a future date.
Ordinance No. 599 was introduced on September 5, 2017, with direction that
modifications were to include, but not be limited to, adding required information to be
disclosed in permit applications, and clarifying the procedure for ensuring that materials
to be hauled remain free of contaminants. The revised draft Ordinance No. 599
(Attachment A) has been expanded and revised to reflect the modifications requested
by the City Council, as well as further modifications recommended by the City Attorney.
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The Ordinance makes it unlawful for any person to conduct or engage in any earth -
hauling operation involving importing twenty (20) cubic yards of earth or more to a site
within the public right-of-way or private property within the City without first obtaining a
valid City -issued earth hauling permit. For the purposes of the Ordinance:
"Earth" is defined to include dirt, fill and cut dirt, soil, soil aggregates and other
materials normally used in grading, excavating or filling operations, but does not
include rock -based materials, asphalt concrete, or other materials normally used
as roadway, parking area, or other above -ground construction materials.
"Hauling" is defined to include the movement or transportation of "earth" between
a site located outside the City and a site located within the City, and includes
loading, offloading and placement of each incident to such movement or
transportation. "Hauling" does not include the reuse, movement or transportation
of "earth" at or between different sites within the City, unless the earth is being
taken from a site previously used for industrial or commercial purposes or
containing known or suspected soil contamination or other pollution.
Applications for hauling permits must include the informational items:
• Name and contact information of applicant, business owner and property owners;
• Volume and weight of material to be hauled;
• Addresses of origin and destination of hauling operation;
• Name of project with which hauling operation is associated, and other permits
obtained for such project, if applicable;
• Statement of whether material to be hauled will be used in the City as fill
material;
• Proposed haul route;
• List of vehicles to be used;
• Types of materials to be hauled, and manner of securing materials during
hauling;
• Declaration and proof of certification, in writing, to the effect that all fill materials
to be used in the City constitute clean fill, certified by an individual who is
appropriately licensed, registered and/or qualified to certify fill materials as clean
fill;
• Proposed dates and hours of hauling operation;
• Consent to testing and inspection of fill materials to be used in the City.
• Proof of insurance, as applicable.
Upon receiving a completed application, the Director of Public Works ("Director") shall
review the application. If the Director deems the application to satisfy the requirements
of the Ordinance, the Director shall approve the application and issue an earth -hauling
permit, and may impose reasonable permit conditions as necessary to effectuate the
provisions of the Ordinance. The Director's approval shall include an approved haul
route, which the permit holder shall be required to follow. The Director may impose
requirements for traffic control devices and parking restrictions, to the extent allowable
under state law, to accommodate the hauling operation.
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Vehicles used in earth -hauling operations must be constructed, covered, or loaded so
as to prevent any earth from sifting, leaking, blowing, spilling or otherwise escaping from
the vehicle. Hauling operations may not be conducted outside the hours of 7:00 AM to
5:00 PM on weekdays, unless otherwise authorized by the Director.
Operations that involve use of fill materials in the City are required to use only certified
clean fill. "Clean fill" is defined as fill that is either: (1) safe for use as fill material and
comporting with the criteria promulgated by the Department of Toxic Substances
Control ("DTSC") regarding selection and identification of fill materials to prevent or
minimize the introduction or use of contaminated fill; or (2) free of all deleterious
materials and contaminants, including but not limited to corrosives, combustibles,
noxious, reactive or otherwise hazardous materials, radioactive substances, metal,
glass, and wood. Clean fill must be certified in writing by or on behalf of the supplier of
the fill, by an individual who is appropriately licensed, registered, and/or qualified to do
so.
Prior to commencement of permitted earth -hauling activities, a City inspector, having
knowledge and experience in implementation of the DTSC guidelines regarding
preventing introduction of contaminated soil into sites requiring imported fill, shall
inspect all earth to be hauled to confirm compliance with the Ordinance. With respect to
fill materials to be used in the City, the inspector shall confirm that such materials
constitute clean fill. The inspector may order chemical -analysis testing of the fill
materials at the expense of the permit holder if the inspector has reason to believe that
such materials do not constitute clean fill, notwithstanding any certification to the
contrary. Additionally, if the inspector cannot initially confirm that fill materials constitute
clean fill or has reason to believe that fill materials may become subject to
contamination at any point during hauling, he/she may conduct further inspections and
testing as necessary to ensure that no contaminated fill is placed in the City. If the
inspector determines that any fill is contaminated, he/she shall immediately inform the
Director, who shall suspend or revoke the permit as necessary to ensure that no
contaminated fill is placed in the City.
The Ordinance establishes two fees: a trust deposit and a flat permit application fee.
The trust deposit is in the initial amount of $250 to cover the City's costs of conducting
the required permit inspection, and the City may thereafter require the permit holder to
supplement or replenish the initial deposit to cover the costs of further permit
inspections and/or testing of fill materials, as deemed necessary and authorized
pursuant to the Ordinance. The flat permit application fee is $50 to cover the cost of
processing earth -hauling permit applications. There is an exemption to the application
fee for "one -truck, one -trip" hauling operations, which will still be required to pay the
trust deposit, but not the permit application fee (most jobs are expected to fall within this
category). The amount of the permit application fee and trust deposit shall be set by
resolution of the City Council, which is scheduled to be presented on the March 20,
2018, agenda.
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The Ordinance authorizes the Director to suspend or revoke permits for violations of its
provisions. The Director's decisions regarding permit issuance and revocation may be
appealed to the City Manager or designee, whose decision on the appeal shall
constitute a final administrative decision. Violations of the Ordinance also constitute
misdemeanor offenses (punishable as misdemeanors or infractions in the discretion of
the City prosecutor) and public nuisances. Lastly, violations of the Ordinance may
subject the violator to administrative fines and compliance orders.
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 the Ordinance No. 599, and to 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. 599
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING
CHAPTER 12.06 (REGULATION OF EARTH HAULING OPERATIONS)
TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE EARTH
HAULING OPERATIONS IN THE CITY OF RANCHO PALOS VERDES
WHEREAS, the City of Rancho Palos Verdes (the "City") is a general law city and
a political subdivision of the State of California; and
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City
has the authority to adopt and enforce ordinances and regulations which are designed to
promote public health, safety and welfare and which are not in conflict with general laws;
and
WHEREAS, pursuant to California Government Code Section 38660, the City
Council has the authority to regulate the construction of, and the materials used in, all
buildings and other structures, and in foundations and foundation walls, in the City; and
WHEREAS, construction projects frequently require the loading, transportation,
hauling and placement of large amounts of earth materials such as dirt and soil
aggregates for purposes of conducting necessary filling and grading work; and
WHEREAS, the loading, transportation, hauling, and/or placement of such earth
materials can result in the introduction of contaminants into the City, the emission of dust
particles into the air and onto the roadways of the City, and the use of roadways not
suitable for loaded trucks, thereby threatening public health, safety, and welfare; and
WHEREAS, in order to protect the public health, safety, and welfare against the
risks associated with the loading, transportation, hauling and/or placement of such earth
materials within the City, the City Council sees fit to impose reasonable regulations on
such operations and activities in the City; and
WHEREAS, the regulations imposed by this Ordinance are intended to be
additional to, independent of, and consistent with existing City regulations which apply to
grading and other construction activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct.
Section 2. Chapter 12.06 ("Regulation of Earth Hauling Operations") is hereby
added to Title 12 ("Streets, Sidewalks and Public Places") of the Rancho Palos Verdes
Municipal Code to read as follows:
Chapter 12.06 Regulation of Earth Hauling Operations
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12.06.010 Purpose
The purpose of this chapter is to impose reasonable regulations on earth hauling
operations conducted anywhere within the City, including on City rights-of-way and on
private property located within the City, in order to:
A. Protect public health, safety, and welfare by preventing or minimizing the
risk of introduction of hazardous or contaminated fill materials into the City,
consistent with the guidance promulgated by the California Department of
Toxic Substances Control.
B. Ensure that earth hauling operations are conducted in a safe and
responsible manner; and
C. Prevent earth hauling operations from causing undue damage and
deterioration to City streets and other infrastructure.
12.06.020. Definitions
As used in this chapter:
"City manager" shall include his/her designee.
"Certified" means and refers to earth that, based upon appropriate inspection
and/or testing, has been certified as clean fill in writing by an individual who is
appropriately licensed, registered, and/or qualified to certify fill material as clean
fill.
"Clean fill" means and refers to fill materials that are either: (1) safe for use as fill
material and comport with all applicable criteria promulgated by the DTSC
regarding selection and identification of fill materials to prevent or minimize the
introduction or use of contaminated fill, or (2) free of all deleterious materials and
contaminants, including but not limited to corrosives, combustibles, noxious,
reactive or otherwise hazardous materials, radioactive substances, metal, glass,
and wood.
"Department" means and refers to the City's Public Works Department.
"Director" means and refers to the City's Public Works Director, or his or her
designee.
"DTSC" means and refers to the California Department of Toxic Substances
Control.
"Earth" means and refers to dirt, fill and cut dirt, soil (including subsoil and topsoil),
soil aggregates, and other materials normally resulting from or used in grading,
excavating or filling operations. "Earth" does not include rock -based materials,
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asphalt concrete, or other materials that are used or customarily used as roadway,
parking area, or other above -ground construction materials.
"Fill materials" means and refers to earth that is used in a filling operation.
"Haul," "hauled," and "hauling" mean and refer to the movement or transportation
of earth between a site located outside the City and a site located within the City,
and includes the loading, offloading and placement of earth for purposes of, or
resulting from, such movement or transportation. "Haul," "hauled," and "hauling"
does not include the reuse, movement or transportation of earth at or between
sites located entirely within the City, unless the earth is being taken from a site
within the City that was previously used for industrial or commercial purposes
and/or that contains known or suspected pollution, including but not limited to soil
contamination due to hazardous materials.
"Qualified inspector" or "inspector" shall mean an individual who is knowledgeable
and experienced in implementation of the guidance promulgated by the DTSC
regarding minimizing the possibility of introducing contaminated soil onto a site that
requires imported fill material, and who is otherwise properly licensed, registered
and/or qualified to act as an inspector on behalf of the City pursuant to this chapter.
"Test" or "testing" shall mean and refer to chemical analysis, or other chemical
testing, of fill materials to determine the composition of such materials and/or to
ensure that such materials constitute clean fill.
12.06.030 Permits Required
It is unlawful for any person to conduct or participate in any earth hauling operation
involving twenty (20) cubic yards or more of earth within the City unless such activity is
conducted pursuant to an earth hauling permit issued by the Department in accordance
with this chapter. The permit required pursuant to this chapter shall be in addition to any
grading or other permit required by the municipal code.
12.06.040 Permit Applications — Required Content
All applications for earth hauling permits shall be submitted to the Department and shall
contain the following information:
A. The name, address, email address, and telephone number(s), of the
following, as applicable:
1. The applicant;
2. The applicant's business;
3. The owner of the earth to be hauled;
4. The owner of the property where the earth will be loaded for hauling;
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5. The owner of the property where the earth will be offloaded after hauling.
B. The total number of cubic yards of earth to be hauled;
C. The total load weight of earth to be hauled (as evidenced by a Bill of Lading);
D. The address of origin (loading point) of the earth hauling operation;
E. The address of the destination (offloading point) of the earth hauling
operation;
F. A statement of the purpose of the earth hauling operation;
G. A statement of whether any of the earth to be hauled will be used in the City
as fill materials, and if so, the total weight and volume of such fill materials;
H. The name of the construction, grading, or other project with which the earth
hauling operation is associated, or a statement of the purpose for which the
earth hauling operation is undertaken;
A copy of all building, grading, or other permits obtained from the City's
Community Development Department for the construction project with
which the earth hauling operation is associated, including but not limited to
any grading permit required pursuant to Section 17.76.040 (as applicable);
J. A haul route plan detailing the proposed route within the City to be traversed
by the earth hauling operation, including a list of all streets and other rights-
of-way, and the specific portions thereof, upon which all vehicles associated
with the earth hauling operation will travel;
K. A list of all vehicles, identified by make, model, and license plate number
that will be used in association with the earth hauling operation;
L. A statement of the specific type(s) and/or classifications of earth to be
hauled, including area (in cubic yards) and weight measurements for each
type of material to be hauled, if multiple types of material are involved;
M. A statement describing how the earth will be secured and/or covered during
hauling so as to prevent it from dropping, sifting, leaking, blowing, spilling,
or otherwise escaping from the vehicle being used to haul it.
N. A declaration under penalty of perjury that, with respect to all earth to be
used in the City as fill materials, the fill materials constitute certified clean
fill, certified by or on behalf of the supplier(s) of the fill materials.
O. Written certification, by or on behalf of the supplier(s) of all fill materials to
be used in the City, that such materials constitute certified clean fill, and any
other documentation possessed by the applicant relevant to whether the fill
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materials constitute certified clean fill. If some or all of the fill materials have
not been purchased at the time the application is submitted, issuance of any
earth hauling permit shall be conditioned upon the Department's receipt,
review, and approval of such documentation for all fill materials to be used,
prior to commencement of earth hauling activities;
P. The proposed dates of the earth hauling operation, from commencement to
completion;
Q. The proposed hours of operation during each proposed day that the earth
hauling operation will be ongoing;
R. Signed written consent, on forms provided by the City, to inspection and
testing of fill materials as may be authorized or required pursuant to Section
12.06.070, from: (1) the owner of all earth to be hauled; (2) the owner of the
property where the earth is to be loaded; and (3) the owner of the property
where the earth is to be offloaded;
S. Proof of financial responsibility for all vehicles to be used, as required
pursuant to Section 12.06.060(E); and
T. Proof of commercial general liability insurance as required pursuant to
Section 12.06.090(B).
12.06.050 Permit Approval Guidelines
A. The Director shall review each application and, upon making a
determination that an application is complete, accurate, timely, and satisfies all applicable
requirements of this chapter, shall issue an earth hauling permit to the applicant, subject
to such conditions as the Director may deem necessary and appropriate to effect the
provisions of this chapter. If an application is incomplete, inaccurate, untimely, or does
not satisfy the requirements of this chapter, the Director shall deny the application.
B. The Director may deny an application or require testing as a condition of
permit issuance if, based on the application, the Director has reason to believe that any
fill materials to be placed in the City do not constitute clean fill, or will not constitute clean
fill at the time such materials are placed, notwithstanding that such fill materials are or
may be certified.
C. Each earth hauling permit shall include an approved haul route for the earth
hauling operation, specifying the portions of all City streets and other rights-of-way to be
traversed by the earth hauling operation. The approved haul route should be based on
the Director's consideration of the safest, most feasible, and most efficient means of
hauling the earth from its origin to its destination. Any deviation from the approved haul
route by the permit holder without prior consent of the Director shall constitute a violation
of this chapter.
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D. The Director, in connection with the issuance of any earth hauling permit,
may impose such traffic control devices and/or parking restrictions as may be authorized
under applicable state law and this municipal code, for the purpose of maximizing the
ability of the earth hauling operation to proceed in a safe, responsible, and efficient
manner. Notice of any such devices and restrictions imposed by the Director shall be
included in the earth hauling permit or the conditions thereto.
12.06.060 Operational Requirements
The following requirements shall apply to permitted earth hauling operations in the City.
Compliance with the following requirements shall be made a condition of use and
effectiveness of all permits issued pursuant to this chapter:
A. All persons or entities responsible for operations involving the hauling of fill
materials to be used in the City shall:
1. Purchase such materials, or ensure that such materials are
purchased, as certified clean fill;
2. Maintain a copy of said clean fill certification readily available for the
City's inspection at all times; and
3. Maintain all fill materials, at all times during hauling, in a secured
manner so as to prevent the introduction of contaminants into such
materials.
B. Consistent with California Vehicle Code Section 23114, no vehicle
associated with any earth hauling operation shall be driven or moved on
any City street or other right-of-way (public or private) unless the vehicle is
so constructed, covered, or loaded so as to prevent any earth from sifting,
leaking, blowing, spilling or otherwise escaping from the vehicle.
C. All earth hauling activities shall be conducted on weekdays between the
hours of 7:00 a.m. and 5:00 p.m., unless the Director grants prior
authorization for such activities to occur on weekends or outside of such
hours based on a showing of good cause by the applicant.
D. City business licenses must be obtained and maintained by all persons or
entities engaged in earth hauling operations in the City at all times while
such operations are ongoing, to the extent such licenses are required under
Title 5 of this code. Notwithstanding the foregoing, no City business license
tax shall be imposed upon the transportation business conducted by any
for -hire motor carrier of property, as that term is defined in Section 7232 of
the Revenue & Taxation Code, and nothing in this chapter shall be
construed to impose such a tax.
E. All vehicles used in earth hauling operations must comply with the
applicable requirements and specifications set forth in the California Vehicle
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Code, including but not limited to applicable requirements relating to proof
of financial responsibility.
F. All vehicles used in earth hauling operations shall be size -limited in
accordance with the width and strength of the City streets and/or other
rights-of-way to be traversed.
G. Upon commencement of a permitted earth hauling operation, the operation
shall proceed diligently to completion without undue delays or cessation of
activities. The applicant shall notify the Director in advance, or as soon as
reasonably possible, of any issues which may cause a delay or cessation
of permitted earth hauling activities.
H. A copy of the applicable earth hauling permit shall be displayed at all times
in all vehicles involved in permitted earth hauling activities.
12.06.070 Permit Inspections and Testing
A. As a condition of use and effectiveness of any earth hauling permit issued
pursuant to this chapter, prior to commencement of any permitted earth
hauling activities, a qualified inspector acting on behalf of the City shall
inspect all earth to be hauled in order to confirm that the permit holder is in
compliance with Section 12.06.060 and that all fill materials to be used in
the City constitute clean fill.
B. In connection with the inspection, the inspector may conduct or order
testing, at the expense of the permit holder, of all fill materials to be used in
the City, if and only if the inspector has reason to believe that such materials
do not constitute clean fill, notwithstanding the clean fill certification
obtained or possessed by the permit holder.
C. After the initial inspection and/or testing, the inspector shall proceed as
follows:
If the inspector determines that the permit holder is not in compliance
with Section 12.06.060, or that any fill materials to be used in the City
do not constitute clean fill, he or she shall notify the permit holder
and the Director immediately. The Director shall suspend or revoke
the subject earth hauling permit as the Director deems necessary in
furtherance of the purposes of this chapter, and shall not reinstate
the permit or issue a new earth hauling permit until the permit holder
has demonstrated, to the satisfaction of the Director, that the
violations have been corrected.
2. If the inspector is unable to conclusively determine whether or not
any fill materials to be used in the City constitute clean fill, or if the
inspector has reason to believe that any such materials may at any
point during the hauling operation become subject to contamination,
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the inspector may conduct further inspections and testing as
reasonably necessary to ensure that no fill materials that do not
constitute clean fill are placed in the City. If such further inspections
and/or testing reveal that any such fill materials do not constitute
clean fill, the inspector shall inform the permit holder and the Director
immediately. The Director shall suspend or revoke the subject permit
as the Director deems necessary to ensure that no fill materials that
do not constitute clean fill are placed in the City, and shall not
reinstate the permit or issue a new earth hauling permit until the
permit holder has demonstrated, to the satisfaction of the Director,
that the violations have been corrected.
12.06.080 Permit Fees
A. Permit Application Fees
1. In connection with submission of any earth hauling permit
application, and as a condition of such application being deemed
complete, the applicant shall be required to pay a permit application
fee, in an amount set by resolution of the City Council, in order to
cover the City's costs of processing applications pursuant to this
chapter.
2. Notwithstanding subparagraph (A)(1), in the event the earth hauling
activity proposed by the application is limited to a single trip
undertaken by a single vehicle, the permit application fee provided
for in subsection (A) shall not be required.
B. Trust Deposit
1. Irrespective of the applicability or inapplicability of the permit
application fees provided for by subsection (A) to a given permit
application, each applicant shall be required to pay the City's direct
costs of conducting all authorized or required inspections and
testing, to the extent applicable, pursuant to Section 12.06.070.
2. Prior to commencement of permitted earth hauling operations, the
permit holder shall make an initial deposit, in an amount set by
resolution of the City Council, for payment of the City's costs of
performing initial permit inspections pursuant to Section
12.06.070(A).
3. The City shall hold the deposit in trust for the applicant and shall draw
down on the deposit as necessary to cover its costs pursuant to
Section 12.06.070(A). In the event that the City's actual costs of
performing the initial permit inspection pursuant to Section
12.06.070(A) exceed the amount of the deposit, or in the event the
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City deems it necessary to perform further permit inspections and/or
testing pursuant to Section 12.06.070(B) -(C), the permit holder shall
be required to supplement or replenish the initial deposit in order to
pay the additional costs to the City within a reasonable time upon
receiving a written request for the additional deposit amount from the
Director, supported by documentation reflecting the direct costs to
the City of providing such services or causing such services to be
provided. In the event the permit holder fails to do so, the Director
shall be authorized to suspend the subject earth hauling permit until
such time as the permit holder supplements or replenishes the
deposit in the full amount requested.
4. The City shall refund any unspent balance of the deposit to the permit
holder upon completion of all authorized or required inspections and
testing pursuant to Section 12.06.070.
12.06.090 Bonds; Insurance
A. Issuance of earth hauling permits pursuant to this chapter is conditioned
upon the applicant furnishing the City with security in the form of a bond or bonds issued
by one or more duly authorized corporate sureties in an amount sufficient to indemnify
the City against any damage it might suffer by reason of the permitted earth hauling
activities, as determined by the Director. Notwithstanding the foregoing, the Director may
exempt an applicant from the security requirement of this section if he or she determines
such security is unnecessary based on factors such as the size and duration of the project
and the potential for impact on public safety and infrastructure.
B. The applicant shall maintain a policy of commercial general liability
insurance written on a per occurrence basis for bodily injury, personal injury and property
damage. The policy of insurance shall be in an amount not less than $1,000,000 per
occurrence or if a general aggregate limit is used, then the general aggregate limit shall
be twice the occurrence limit.
12.06.100 Violations; Enforcement
A. If the Director determines that a permit holder has violated this chapter or
any condition of approval of a permit issued pursuant to this chapter, or becomes aware
of any information that would have constituted a basis for the Director to deny the permit
holder's application pursuant to this chapter, he or she may suspend or revoke the permit,
in his or her discretion, upon providing notice of such suspension or revocation to the
permit holder. Notice may be given by any means necessary to provide actual and
immediate notice, and written notice shall be mailed to the permit holder via certified mail.
The notice shall state the reasons for the suspension or revocation, the length of any
suspension, and the right to appeal the notice pursuant to subsection (B) of this section.
B. The permit holder may appeal, to the City Manager, a decision of the
Director made pursuant to subsection (A) of this section. The appeal shall be submitted
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to the Department in writing within five calendar days of receipt of notice of the decision,
and shall specify the basis for the appeal. Upon receiving the appeal, the City Manager
shall schedule and conduct a hearing thereon, and the appellant shall be provided with
at least 10 calendar days' notice of the hearing. During the pendency of the appeal, the
Director's decision shall remain in effect and shall not be stayed. After the hearing, the
City Manager shall render a written decision on the appeal, which shall constitute a final
administrative decision. The City Manager's decision shall include reference to, and may
be challenged under, Sections 1094.5 and 1094.6 of the Code of Civil Procedure.
C. Notwithstanding subsections (A) and (B) of this section, every person who
violates any provision of this chapter or any permit issued pursuant to this Chapter is
guilty of a misdemeanor, and is guilty of a separate offense for every day during any part
of which such violation occurs.
12.06.110 Cumulative Remedies
The City's remedies under this chapter are cumulative and are not restrictive of such other
remedies as may be available to the City under applicable law, including but not limited
to Chapters 1.08 and 1.16 of the municipal code.
Section 3. Adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the CEQA Guidelines,
which provides that CEQA only applies to projects that have the potential for causing a
significant effect on the environment. It can be seen with certainty that there is no
possibility that adoption of this ordinance, adding a new chapter to the City's municipal
code, will have a significant effect on the environment. Therefore, adoption of this
ordinance is not subject to CEQA.
Section 4. 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.
Section 5. The City Clerk shall cause this Ordinance to be posted in 3 public
places in the City within 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 6. This Ordinance shall take effect at 12:01 AM on the 31St day after its
passage.
01203.0006/424775.9
A-10
PASSED, APPROVED, AND ADOPTED this day of 2018.
Susan Brooks, Mayor
Attest:
Emily Colborn, 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. 599 passed first reading on , 2018, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on
2018, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
01203.0006/424775.9
A-11
RANCHO 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
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.)
MR
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
M9
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.
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
LTJ
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,
M
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)
AM
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.)
ABSENT: None
4. Consideration and possible action to amend Chapter 12.04 (Highway Permits)
of the City's Municipal Code to add haul route permit requirements.
City Clerk Colborn announced that there were no requests to speak regarding this item.
Nicole Jules, Deputy Director of Public Works presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to move forward with
the process of amending Title 12 of the Rancho Palos Verdes Municipal Code
establishing procedures and requirements for requiring haul route permits as amended
to include: require weight tickets for the vehicles coming into the city and require
documentation of tested material if destination is any parcel within the city or public
right-of-way and/or traversing on city owned streets.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCILMEMBER:
None.
FUTURE AGENDA ITEMS:
Mayor Campbell inquired on the timeline and process to review and approve the Natural
Communities Conservation Planning (NCCP) report. Discussion ensued among
Council Members and Staff. Director of Community Development Mihranian informed
the Council that the report would be presented for their review 2-3 months before they
consider approving it. After discussion, City Manager Wilmore recommended holding a
special meeting where all parties can meet, comment, and openly have a discussion on
the NCCP.
Mayor Pro Tem Duhovic moved to extend the meeting to 10:18 P.M.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
City Council Minutes
July 18, 2017
Page 11 of 12
AWO
RANCHO 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.
C-1
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
C-2
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
C-4
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.
C-5
"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. C-6
(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)
DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE
CHIEF.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
NOES: None
ABSENT: None
Mayor Campbell moved to item #3.
3. Consideration and possible action to introduce an ordinance amending
Rancho Palos Verdes Municipal Code Chapter 12.04 (Highway Permits)
City Clerk Colborn introduced the item by title and reported that there was one request
to speak.
Nicole Jules, Deputy Director of Public Works, presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Mickey Rodich, withdrew his request to speak since his questions were answered
during Council discussion.
Mayor Campbell moved, seconded by Mayor Pro Tem Duhovic, to introduce Ordinance
No. 599, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 12.04 (HIGHWAY PERMITS) OF TITLE 12 OF THE CITY'S MUNICIPAL
CODE as amended to modify Section 12.04.045 (B) (2) Name, address, and telephone
number of the applicant to also include the name of the property owner and delete Section
12.04.045 (B) (9) Documentation of tested material.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
NOES: None
ABSENT: None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
None.
FUTURE AGENDA ITEMS:
At the request of Council, a letter of thanks to Supervisor Janice Hahn for additional
funding for the Palos Verdes Peninsula Transit Authority (PVPTA) will be presented to
Council to authorize the Mayor to sign and send.
City Council Minutes
Regular Meeting
September 5, 2017
Page 8 of 9
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