ORD 599 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
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,
Ordinance No.599
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excavating or filling operations. "Earth" does not include rock-based materials,
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;
Ordinance No. 599
Page 3 or 11
4. The owner of the property where the earth will be loaded for hauling;
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;
I. 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.
Ordinance No. 599
Page 4 or 11
0. 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
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
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Page 5 or 11
route by the permit holder without prior consent of the Director shall constitute a violation
of this chapter.
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.
Ordinance No. 599
Page 6 or 11
E. All vehicles used in earth hauling operations must comply with the
applicable requirements and specifications set forth in the California Vehicle
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:
1. 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
Ordinance No. 599
Page 7 or 11
inspector has reason to believe that any such materials may at any
point during the hauling operation become subject to contamination,
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
Ordinance No. 599
Page 8 or 11
performing the initial permit inspection pursuant to Section
12.06.070(A) exceed the amount of the deposit, or in the event the
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.
Ordinance No.599
Page 9 or 11
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
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.
Ordinance No.599
Page 10 or 11
Section 6. This Ordinance shall take effect at 12:01 AM on the 31st day after its
passage.
PASSED, APPROVED, AND ADOPTED this 20th day of March 2018.
Mayor
Attest:
•' lerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 599 passed first reading on February 20, 2018, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on March 20,
2018, and that the same was passed and adopted by the following roll call vote:
AYES: Alegria, Cruikshank, Duhovic, Dyda and Mayor Brooks
NOES: None
ABSENT: None
ABSTAIN: None
ip•P--,41111H- k A
y Clerk
Ordinance No.599
Page 11 or 11
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CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on March 21, 2018, she caused to be posted the following document
entitled: 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, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
4k1'
„dalIli..
Wil ' Clerk