CC SR 20210817 06 - Encroachment Permit Ordinance
01203.0006/671889.2
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/17/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to amend Title 12 (Streets, Sidewalks and Public
Places) of the Rancho Palos Verdes Municipal Code to make certain amendments
relating to encroachment permits.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING TITLE 12 (STREETS, SIDEWALKS AND
PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY
ADDING SECTION 12.04.045 (REPAIR AND RECONSTRUCTION OF CITY
HIGHWAYS) TO REGULATE THE REPAIR AND RECONSTRUCTION OF CITY
HIGHWAYS; REPEALING SECTION 12.04.050 (ENGINEERING SERVICES
RELATING TO CONSTRUCTION AND EXCAVATION PERMITS UNDER THE
HIGHWAY PERMIT ORDINANCE); AMENDING SECTION 12.04.060 (PENALTY
FOR VIOLATION); AND ADDING CHAPTER 12.22 (ENCROACHMENTS) TO
REGULATE THE CREATION AND MAINTENANCE OF ENCROACHMENTS ON
THE PUBLIC RIGHT-OF-WAY.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Charles Eder, PE, Senior Engineer
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. 2021-__ (page A-1)
B. Ordinance No. 97 (page B-1)
1
01203.0006/671889.2
BACKGROUND:
The City routinely issues encroachment permits to applicants, including public utilities,
seeking to conduct work on public property or within the public right -of-way (PROW).
Pursuant to Title 12 (Streets, Sidewalks, and Public Places) of the Rancho Palos Verdes
Municipal Code (RPVMC), encroachment permits are issued based on the following three
chapters:
• Chapter 12.04 - regulating streets and highways and providing for permits for
activities within the PROW,
• Chapter 12.06 - regulating earth hauling operations within the City to protect public
safety and prevent hauling from causing undue damage or deterioration to City
infrastructure; and
• Chapter 12.18 – regulating the installation of wireless telecommunications
facilities in the PROW.
Staff has recently received increased concerns from residents regarding the installation
of appurtenances associated with utility company infrastructure within the public right-of-
way (PROW) without prior notification to residents. Many of the concerns are brought to
the City’s attention after work in the PROW has commenced or is imminent; giving little
to no notification to the public nor allowing the public to provide input on potential impacts.
These concerns were amplified in 2020 as part of the discussion that ensued with the City
Council regarding an encroachment permit request to relocate utility poles from one side
of a street to another on Crest Road East.
On July 21, 2020, Mayor Alegria, with the concurrence of the City Council, requested that
Staff assess the City’s encroachment permit process and requirements, and bring forth
any suggested amendments to the RPVMC that would address the public’s concerns.
Working with the City Attorney’s Office, Staff proposes to amend the RPVMC to update
existing regulations related to work conducted in the PROW along with codifying a more
robust encroachment permit process that involves the public prior to permit issuance for
the City Council’s consideration. The proposed ordinance has been expanded in breadth
and scope based on Staff’s assessment of current operations as it relates work in the
PROW.
DISCUSSION:
In response to the July 21, 2020 City Council directive, Staff proposes to either repeal or
amend the following sections of the RPVMC:
• Section 12.04.045 (Repair and Reconstruction of City Highways)
• Section 12.04.050 (Engineering Services Relating to Construction and Excavation
Permits Under the Highway Permit Ordinance)
• Section 12.04.060 (Penalty for Violation)
2
01203.0006/671889.2
Additionally, Staff proposes to add a new chapter to the RPVMC that specifically regulates
the issuance of encroachment permits in the PROW.
Attached for the City Council’s consideration is the draft ordinance that memorializes the
proposed amendments and can be viewed for detailed information (Attachment A). Below
is a summary of the proposed amendments:
1. Section 12.04.045 (Repair and Reconstruction of City Highways)
Section 12.04.045 is proposed to be added to Title 12 to regulate the repair and
reconstruction of City roads. This currently occurs in the routine operations in the Public
Works Department but is not adequately address in the RPVMC. Essentially, the
proposed added language requires a higher standard of restoration by a Permittee
working on a street that has been reconstructed, repaired, repaved, or had another
pavement treatment within the prior five (5) years..
2. Section 12.04.050 (Engineering Services Relating to Construction and Excavation
Permits Under the Highway Permit Ordinance)
Section 12.04.050 of the RPVMC is proposed to be deleted in its entirety as the City
does not have the capacity or operational capability to perform engineering design
work for Permittees.
3. Section 12.04.060 (Penalty for Violation)
Section 12.04.060 of the RPVMC is proposed to be amended to add language that
stipulates any person who performs work with in the PROW that does not have an
encroachment permit or who does not comply with the conditions of approval of an
encroachment permit is in violation of the RPVMC and may be subject to penalties
articulated in Chapters 1.08 and 1.16. Additionally, the City may pursue any remedy
available to it by law, including suspension or revocation of the permit.
4. Chapter 12.22 (Encroachments)
Chapter 12.22 is proposed to be added to Title 12 of the RPVMC to establish regulations
to control encroachments into public places by requiring encroachment permits, and to
establish measures for the protection of life and property, including traffic and pedestrian
safeguards. As specified in the proposed chapter, encroachment permits may be issued
by the City for projects that require encroachment on public property.
The most notable sections of this new chapter are as follows:
3
01203.0006/671889.2
• Findings for Approval (Section 12.22.070(B)) – included in this new chapter are
the following three findings that must be made in order for the Director of Public
Works (Director) to issue an encroachment permit:
1. The proposed Encroachment will not endanger the public health,
safety, or welfare, or the surrounding property; and
2. The proposed Encroachment will not unreasonably interfere with the
intended or potential use of a City Right-of-Way or Easement; and
3. The proposed Encroachment will not have a significant adverse
impact on the appearance or aesthetics of the neighborhood.
This section makes the issuance of encroachment permits discretionary, whereas
it currently is not.
• Conditions of Approval (Section 12.22.070(C)) – the Director may impose
conditions of approval on the Encroachment Permit to protect the public health,
safety, welfare; to preserve the intended use of the PROW; to enhance the
aesthetics of the project site using landscaping, screening, or other means; and to
ensure compliance with the findings supporting such approval.
• Appeal of the Director’s Decision (Section 12.22.080) – If a Permittee or interested
party is dissatisfied with a decision of the Director with respect to the denial of an
encroachment permit or the imposition of conditions of approval, that decision
may be appea led to the City Council within five days of the notice of decision. An
appropriate fee, as established by resolution of the city council is required to be
paid as stated below:
1. Residents shall pay the Minor Modification Appeal Fee ($1,500)
2. Non-Residents shall pay the Application Appeal Fee ($3,100)
An appeal fee is refundable if the appeal is upheld or partially refundable i f
modifications are made.
• Public Notification (12.22.090(A)) – Currently, there is no notification requirement
for the installation of utility company infrastructure and appurtenances, which are
the source of public concerns as noted earlier. Utility companies are authorized to
install and maintain service under the Certificate of Public Convenience and
Necessity issued by the California Public Utilities Commission (CPUC), the City
may not simply reject permits, without facing legal challenges. However, Staff
recommends implementing notification protocols for certain utility compa ny work,
similar to those for wireless facilities.
The notification requirement would apply to work on overhead utility lines; the
installation of new or relocation of existing utility poles, equipment, boxes, and
other appurtenances; and underground installation.
4
01203.0006/671889.2
The proposed amendment would require notices be mailed to owners of property
within 500 feet of the proposed site, describing the scope of work, planned duration
and daily schedule of the work, and the impact to use of adjacent public facilities
or property that might be caused by the work. The proposed amendment provides
property owners with 10 business days to submit comments to the City prior to
rendering a decision. Additionally, the public notice will include contact information
to a specific individual that can be reached 24 hours a day for the duration of the
work for any complaints, concerns, or emergencies.
In addition to implementing a new notification requirement and making permits
discretionary, this new chapter codifies current permit requirements and processes. The
modifications include definitions, permit application requirements, fees, indemnification,
regulations for urgent work, violations, and language for moratorium streets.
ADDITIONAL INFORMATION:
If deemed acceptable and the ordinance is introduced this evening, the ordinance will
take effect thirty days after the second hearing and will only apply to applications deemed
incomplete prior to the effective date and new applications submitted on or after the
effective date.
CONCLUSION:
Staff recommends that the City Council adopt the attached ordinance thereby amending
Title 12 of the RPVMC as it relates to encroachment permits.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not adopt the ordinance, thereby not making the proposed amendments to the
Municipal Code.
2. Identify added or modified language to include in the ordinance that may be read
into the record.
3. Take other action, as deemed appropriate.
5
01203.0001/727429.6
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE BY ADDING
SECTION 12.04.045 (REPAIR AND RECONSTRUCTION
OF CITY HIGHWAYS) TO REGULATE THE REPAIR AND
RECONSTRUCTION OF CITY HIGHWAYS; REPEALING
SECTION 12.04.050 (ENGINEERING SERVICES
RELATING TO CONSTRUCTION AND EXCAVATION
PERMITS UNDER THE HIGHWAY PERMIT ORDINANCE);
AMENDING SECTION 12.04.060 (PENALTY FOR
VIOLATION); AND ADDING CHAPTER 12.22
(ENCROACHMENTS) TO REGULATE THE CREATION
AND MAINTENANCE OF ENCROACHMENTS ON THE
PUBLIC RIGHT-OF-WAY.
WHEREAS, pursuant to the police power conferred to it by Art. XI, Sec. 7 of the
California Constitution, the City of Rancho Palos Verdes may legislate for the health,
safety, and welfare; and
WHEREAS, the Rancho Palos Verdes Municipal Code needs to be updated to
provide that utility companies and private persons obtain permits before engaging in
construction, improvements, or work that would result in encroachment upon the public
right-of-way; and
WHEREAS, pursuant to the provisions of Government Code § 38775, the City may
“prohibit and prevent encroachments upon or obstruction in or to any sidewalks, street,
alley, lane, court, park, or other public place and provide for the removal of such
encroachment or obstruction”; and
WHEREAS, the City Council of the City of Rancho Palos Verdes finds greater
municipal control of obstructions and encroachments into the public right-of-way is
necessary to maintain the rights-of-way in safe and usable condition and to protect the
public health, safety, and welfare; and
WHEREAS, the City Council finds that adoption of the provisions of this Ordinance
is in the public interest and will achieve its objectives of protecting the integrity of the
public rights-of-way and the public health, safety, and welfare; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct, and are
incorporated herein by reference.
A-1
01203.0001/727429.6
Section 2. Section 12.04.045 is hereby added to Title 12 (Streets, Sidewalks and
Public Places) of the Rancho Palos Verdes Municipal Code, to read in its entirety, as
follows (new text in bold italics):
“12.04.045 - REPAIR AND RECONSTRUCTION OF CITY
HIGHWAYS
Any reconstruction, repair, repaving, or other pavement treatment of
any highway, as defined in this code, within five (5) years of the
completion of the most recent such reconstruction, repair, repaving,
or other pavement treatment of such highway, shall conform to City
standards as determined by the Director and to the following
additional terms and conditions:
(a) Lateral Repair Limits: The minimum asphalt repair or
reconstruction shall extend to the centerline of such highway;
and
(b) Longitudinal Repair Limits: Such repair or
reconstruction shall include the full lane width wherein the
repair is located and 50 feet of grinding and cap (2” minimum)
as measured from both edges of the needed repair or
reconstruction.”
Section 3. Section 12.04.050 of the Rancho Palos Verdes Municipal Code is
hereby deleted in its entirety as the City does not have the capacity or operational
capability to perform engineering design work for Permittees.
Section 4. Section 12.04.060 of the Rancho Palos Verdes Municipal Code is
hereby amended to read, in its entirety, as follows (new text in bold italics):
“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. Any violation of this
Section may subject the violator to the penalties articulated in
Chapters 1.08 and 1.16. Additionally, the City may pursue any remedy
available to it at law or equity, including suspension or revocation of
the permit pursuant to Section 12.22.110.”
Section 5. A new Chapter 12.22 (Encroachments) is hereby added to Title 12
(Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code to
read, in its entirety, as follows (new text in bold italics):
A-2
01203.0001/727429.6
“12.22 - Encroachments
12.22.010 - Purpose and applicability.
A. The purpose of this chapter is to establish regulations to
control encroachments into public places by requiring encroachment
permits, and to establish measures for the protection of life and
property, including traffic and pedestrian safeguards.
B. Encroachment permits shall be issued by the City for
projects that require encroachment on public property. An
encroachment permit shall be valid for events taking place on public
property, or for temporary or permanent encroachment on public
property.
12.22.020 - Definitions.
For purposes of this chapter, the following terms shall have the
following meanings unless the context clearly indicates otherwise:
“City Manager” has the same meaning as Chapter 2.08, and
shall include his or her designee.
“Director” means the Director of Public Works of the City of
Rancho Palos Verdes or an authorized designee.
“Encroachment” means going upon, over, under or placing any
facilities upon, along, across, over or under, or using a public place in
such a manner as to prevent, obstruct or interfere temporarily or
permanently with the normal use of property.
“Excavation” means any opening under, in, or across the
surface of a property made in any manner whatsoever.
“Facility” includes, but is not limited to, any pipe, pipeline, tube,
main, service, trap, vent, vault, manhole, meter, gauge, regulator,
valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box,
transformer, or any other material, structure, public improvement, or
object of any kind or character, including a building, portion of a
building, or any other structure or substructure whether enumerated
in this subsection or not, which is or may be lawfully constructed, left,
placed, or maintained in, upon, along, across, under, or over any
public place.
“Person” means an individual, partnership, corporation, joint
venture, private entity, public entity, public utility or a public district,
agency, or political subdivision of the State of California.
A-3
01203.0001/727429.6
“Permittee” means person seeking a permit.
“Public place” means any public street, way, place, alley,
sidewalk, parkway, square, plaza, easement, or any other property
owned by or under the control of the City of Rancho Palos Verdes.
“Utility” means any entity operating under regulation of the
Public Utilities Commission or a municipal and/or County department
or other governmental agency engaged in providing a utility service
to the general public, including but not limited to water, electricity, and
gas.
“Work” or “permitted work” means any excavation or
encroachment work performed in accordance with a valid and current
encroachment permit.
12.22.030 — Encroachment permit required.
A. No person shall encroach or excavate within a public
place without first obtaining an encroachment permit from the
Director, to be issued upon written application approval and the
payment of the required fees as may be adopted by the City Council.
B. The term of the encroachment permit is for a term of 90
days and may be extended by the Director.
C. An encroachment permit shall be revocable, and the uses
and installations thereunder shall be subordinate to any prior right of
the City.
D. An encroachment permit may be subject to those
conditions as are necessary to ensure the safety of the traveling
public and the full surface and subsurface restoration of the public
place, as determined by the Director. The Director may require a surety
bond or security deposit in accordance with Section 12.22.060.
E. All permitted work shall be performed in accordance with
all applicable laws, construction standards and specifications as
established by the Director, the plans and specifications specific to
the project, if applicable, and any conditions imposed by the Director.
F. At the Director’s discretion, where convenient to
programmed road work, or for other reasons of City convenience, the
work of restoration of the public place may be performed by the City’s
Department or the Department’s contractors, at the expense of the
Permittee. If any Permittee fails to restore the public place to its
condition prior to the excavation, the Director shall have the right to
perform the work at the Permittee‘s expense.
A-4
01203.0001/727429.6
12.22.040 - Encroachment permit – Application.
A. Each application for an encroachment permit shall be
submitted prior to commencement of the work, in writing on a form
approved by the Director, and shall include all information the Director
may require, including but not limited to:
1. The name and contact information for the applicant,
including the name and contact information of a specific individual
who is responsible for the project. The name and contact information
for the adjacent property owner(s), on whose behalf the applicant is
seeking permit, if not same as applicant.
2. A detailed description of the project, including but not
limited to materials, dimensions, the proposed plan to restore the
public place to its original condition, and any other information
deemed necessary by the Director.
3. The precise location of the proposed work.
4. The desired dates and times for the work.
5. At the discretion of the Director, for any work that will
interfere with pedestrian or vehicular traffic, a detailed temporary
traffic control plan, sealed by a Traffic Engineer to ensure compliance
with the California Manual on Uniform Traffic Control Devices, or other
traffic control plan satisfactory to the Director.
6. Contact information, including email and mobile phone,
of an individual who can be reached 24 hours a day during the work.
7. Written Permission of Homeowner(s), if applicable.
8. City Business License Number (current year).
9. Certificate of Insurance - Comprehensive General
Liability – as required by the Director.
10. Additional Insured Endorsement for the City of Rancho
Palos Verdes as required by the Director.
11. Worker’s Compensation Insurance as required by the
Director.
12. State of California Contractor’s License Certificate/Card
as required by the Director.
13. Signed N.P.D.E.S. Compliance Certification.
A-5
01203.0001/727429.6
14. Signed Hold Harmless Agreement.
B. Emergencies. If certain encroachment or excavation work
must be performed immediately to preserve the public health, safety,
and welfare, a permit may be applied for and obtained concurrently
with the work necessary to abate the emergency, or immediately
thereafter. In such a case, the only work that can be performed is that
necessary to cure the emergency. In such an event, the Director shall
review the application and issue a permit forthwith.
12.22.050 – Fees and Exemptions.
A. Encroachment permits are subject to application fees
and inspection fees, as may be adopted by the City Council.
B. Encroachment permits for and on behalf of the City shall
be exempted from payment of the permit and inspection fees for
permitted work.
12.22.060 — Indemnification and Security deposit.
A. Indemnification. A Permittee shall indemnify, defend, and
save the City, its agents, officers, representatives, and employees
harmless from and against any and all liabilities, damages, penalties,
and loss resulting from any claims or court actions and arising out of
any accident, loss, or damage to persons or property happening or
occurring as a proximate result of any work undertaken under the
permit granted pursuant to this chapter. The Permittee shall be
responsible for all liability imposed for personal injury or property
damage caused by work performed under the encroachment permit or
caused by failure on the Permittee’s part to perform his maintenance
obligations under the permit. If any liability claim is made against the
City, its officers or employees, the Permittee shall defend, indemnify,
and hold them, and each of them, harmless from such claim. The
Permittee shall cause to be issued from an acceptable insurance
carrier a public liability policy naming the Permittee and obtain an
endorsement in which the City and its agents, officers, and employees
shall be named as additional insureds.
B. Security deposit. If required by the Director, the Permittee
shall provide a refundable cash deposit or sec urity bond or other
acceptable security in an amount determined by the Director as
sufficient to reimburse the City for the cost of restoring the public
place to its original condition.
12.22.070 — Decision Process for Encroachment Permits and
Findings for Approval.
A-6
01203.0001/727429.6
A. A decision on an application for an Encroachment Permit
shall be made by the Director.
B. An Encroachment Permit, may be approved if the Director
can make all of the following findings:
1. The proposed Encroachment will not endanger the
public health, safety, or welfare, or the surrounding property;
and
2. The proposed Encroachment will not unreasonably
interfere with the intended or potential use of a City Right-of-
Way or Easement; and
3. The proposed Encroachment will not have a significant
adverse impact on the appearance or aesthetics of the
neighborhood.
C. The Director may impose conditions of approval on the
Encroachment Permit as deemed necessary to protect the public
health, safety, welfare; to preserve the intended use of the City Right-
of-Way or Easement; to enhance the aesthetics of the project site as
required by the Director; and to ensure compliance with the findings
supporting such approval.
D. Within ten (10) business days of submitting the
application, the Director shall review the same for completeness, and
if incomplete, state the reasons to the applicant.
E. Upon finding that the complete application for the
requested encroachment permit conforms to the provisions of this
chapter and other applicable provisions of this code, the Director
may issue the permit no sooner than 10 business days after public
notification has been issued pursuant to Section 12.22.090(B).
F. If the Director finds that the application for the requested
encroachment permit is in conflict with any provisions of this chapter
or any other applicable provisions of thi s code, the Director may
deny the permit and set forth in writing the reasons for that denial.
12.22.080 — Appeal of the Director's Action.
A. If a Permittee or interested party is dissatisfied with a
decision of the Director with respect to the denial of an
encroachment permit or the imposition of conditions of approval,
that decision may be appealed to the City Council within five days of
the notice of decision. The appeal shall be in writing to the City Clerk
and shall set forth the basis of th e appeal. The appropriate fee, as
A-7
01203.0001/727429.6
established by resolution of the city council shall be paid as stated
below:
1. Residents shall pay the Minor Modification Appeal Fee
2. Non-Residents shall pay the Application Appeal Fee
B. The City Clerk shall schedule the appeal for
consideration by the City Council at the earliest possible regular City
Council meeting.
C. The City Council may uphold or reverse the Director's
denial of a permit and may modify, delete, or add to any of the
conditions of approval specified by the Director that are consistent
with the provisions of this chapter
12.22.090 — Permitted work requirements.
All work shall be subject to the following requirements,
including as may be applicable work performed as an emergency
pursuant to Section 12.22.040(E):
A. Public Notification.
1. Notification requirements shall only apply to public
utilities.
2. Upon deeming an Encroachment Permit application
complete, a public utility shall demonstrate to the Director that it has
provided public notice by mail to all property owners of the City within
500 feet of the proposed site. The public notice shall include, but not
be limited, to the following:
a. Project Location including a site map;
b. Scope of work description including related plans;
c. Planned duration and daily schedule of the work;
d. Impact to use of adjacent public facilities or
property that might be caused by the work;
e. City Public Works contact information including
phone number and email address where comments can be sent;
and,
f. The deadline date to submit comments.
A-8
01203.0001/727429.6
2. The public notice shall include valid and current contact
information to a specific individual that can be contacted 24
hours a day for the duration of the work for any complaints,
concerns, or emergencies.
3. Property owners shall be given 10 business days to
submit comments to the City prior to rendering a decision.
4. No later than 3 business days prior to commencement of
permitted work, Permittee shall notify Director of the planned start,
duration, and daily schedule of work.
5. For emergency work, a Permittee shall provide the
required notification as soon as practicable.
B. Protection measures and routing of traffic.
All work conducted in or upon any public place shall maintain
barriers and warning devices necessary for the safety of the general
public. The Permittee shall take appropriate measures, including any
measures required by State or federal laws or regulations, to assure
that, during the performance of the work, traffic conditions remain as
near to normal as practicable, and best practices shall b e maintained
at all times so as to minimize inconvenience to the occupants of any
adjoining property and to the general public. When traffic conditions
permit, the Director may, by written approval, permit the closing of
streets and alleys to all traffic for a period of time. The Director’s
written approval may require that the Permittee provide approved
detours and give notification to the various public agencies and to the
general public. In such cases, the written approval shall not be valid
until the notice is given.
C. Stormwater Regulations
All work shall be in compliance with Federal, State and City
stormwater pollution prevention regulations.
D. Clearance for vital structures.
All work shall be performed and conducted so as to not interfere
with access to fire hydrants, fire stations, fire escapes, water gates,
underground vaults, valve housing structures, and all other property
designated by the Director.
E. Relocation, removal, and protection of utilities.
No facility owned by the City shall be moved to accommodate
the work unless the cost of such work is borne by the Permittee. When
A-9
01203.0001/727429.6
private property development requires the improvement of public
streets, and such street improvements will result in the removal and/or
relocation of facilities, including, but not limited to, electric, gas, and
water pipes, as well as telephone lines or sewer lines, the developer
shall bear the cost of such removal or relocation of facilities, and
otherwise meet the requirements of the serving utilities. Prior to final
approval of the development plans, the developer shall provide the
city with a letter of compliance from the service utilities whose
facilities will be removed or relocated.
F. Noise, dust and debris — Cleanup.
1. A Permittee shall carry out permitted work in a manner so
as to avoid unnecessary inconvenience to the general public and to
the occupants of neighboring property, and the Permittee shall take
all practical measures to reduce noise, dust, and debris. Hours of
restricted operation may be established by the Director.
2. As the permitted work progresses, all public places shall
be thoroughly cleaned of all rubbish, excess earth, rock, and other
debris resulting from the work. All cleanup operations at the location
of the work shall be performed daily, at the expense of the Permittee,
and to the satisfaction of the Director.
G. Site restoration.
Unless otherwise approved by the Director, the minimum
required site restoration shall be to return the site to an equal or better
condition to that prior to the work including landscaping and
screening as deemed appropriate by the Director.
H. Prompt completion of work.
After a project is commenced, the Permittee shall diligently
pursue all work covered by the encroachment permit and promptly
complete all work and restore the property to its original condition, so
as to avoid obstruction of the public place more than is reasonably
necessary.
I. Urgent work.
When, in the judgment of the Director, the public interest,
including the safety or convenience of the traveling public, requires
that excavation be performed as emergency work, the Director shall
have full power to order, at the time the permit is granted , that a crew
of workers and adequate facilities be employed by the Permittee 24
hours a day so as to complete the work as soon as practicable.
A-10
01203.0001/727429.6
12.22.100 — Permit suspension or revocation.
A. An encroachment permit may be suspended or revoked
based on the following grounds:
1. The work performed does not conform to the plans
submitted with the application.
2. The Permittee fails to comply with any condition of the
permit, or with any traffic mitigation measures required by the
Director.
3. The Permittee has failed to obtain any other applicable
permits required by local, state, or federal law.
4. The Permittee‘s work fails to comply with any of the
provisions of this chapter, any other applicable law, or the Permittee’s
or their contractors’ conduct creates a public nuisance.
5. Any other circumstances, conditions, or conduct that
constitute a threat to the health, safety, and welfare, as determined by
the Director.
B. In the event of a suspension or revocation of a permit:
1. The Director shall issue a stop work order, and as soon
thereafter as practicable, issue a notice of suspension or revocation
to the Permittee, which shall provide the Permittee with the grounds
for the suspension or revocation.
2. If the Director determines that the violation is minor or
can be corrected without causing further disruption to the public and
to vehicular traffic, the Director may suspend the permit and provide
the Permittee with a reasonable amount of time to correct the
violation.
C. The Director’s decision to suspend or revoke a permit
may be appealed to the City Manager, in writing, no later than 10 days
after the date of the Director’s notice of suspension or revocation. The
City Manager shall hold a hearing within 30 days of receipt of the
appeal, and shall consider all relevant evidence. The City Manager
shall issue a written decision, articulating the grounds thereof, within
10 business days of the hearing. The City Manager’s decision is final,
and may be challenged pursuant to Section 1094.5 of the Code of Civil
Procedure.
D. Suspension or revocation of a permit shall not preclude
the City from seeking additional remedies against a Permittee.
A-11
01203.0001/727429.6
12.22.110 — Violations.
Any violation of this chapter may subject the violator to the
penalties articulated in Chapters 1.08 and 1.16. Additionally, the City
may pursue any remedy available to it at law or equity, including
suspension or revocation of the permit pursuant to Section
12.22.170.”
Section 6. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a “project” under CEQA Guidelines Section 15378(b)(2) in that it constitutes
general policy and procedure making; (2) it does not constitute a “project” under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly, and (3) in the alternative, it is exempt fr om
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment, because the Ordinance
merely regulates parking on City streets.
Section 7. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 8. 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.
Section 9. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption, and within fifteen (15) days after its final passage, and shall only apply to
applications deemed incomplete prior to the effective date and new applications
submitted on or after the effective date, the City Clerk shall cause it to be posted and
published in a newspaper of general circulation in the manner required by law.
A-12
01203.0001/727429.6
PASSED, APPROVED and ADOPTED this __th day of __________, 2021.
______________________________
ERIC ALEGRIA, Mayor
ATTEST:
_______________________
TERI TAKAOKA, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERI TAKAOKA, 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. _____ passe d first reading on _________, 2021, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
_______________, 2021, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
A-13
ORDINANCE NO. 97
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
TRANSFERRING DUTIES WITH RESPECT TO CONSTRUCTION,
EXCAVATION AND ENCROACHMENT PERMITS TO THE PUBLIC
WORKS DEPARMTNET OF THE CITY OF RANCHO PALOS VERDES,
AMENDING CERTAIN SECTIONS OF THE HIGHWAY PERMIT
ORDINANCE, AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS
FOLLOWS:
Section 1. The Rancho Palos Verdes Municipal Code is amended by adding
Sections 7102, 7103, 7104 and 7105 to Chapter 1 of Article VII to read:
7102. Transfer of duties relating to construction permits, excavation
permits and encroachment permits, inspections and administration to Director
of Public Works.
Notwithstanding the provisions of Section 7100 of this Code and the provisions
of said Highway Permit Ordinance adopted thereby, all powers duties and responsi-
bilities of the Road Commissioner of the County of Los Angeles 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 said Highway Permit Ordinance) , are
hereby transferred to and vested in the Director of Public Works of the City of
Rancho Palos Verdes. "Road Department" shall mean the Public Works Department
of the City of Rancho Palos Verdes in all cases where such term is used in said
Highway Permit Ordinance in connection with such construction, excavations or
encroachments. "Board of Supervisors" shall mean the City Council of the City
of Rancho Palos Verdes in all cases where such term is used in said Highway
Permit Ordinance in connection with such construction, excavations or en-
croachments.
7103. Amendments to Highway Permit Ordinance. Notwithstanding the provisions
of Section 7100 of this Code and the provisions of said Highway Permit Ordinance
adopted thereby, said Highway Permit Ordinance is amended by deleting therefrom
Section Nos. 307, 314, 315, 710, 1101 and 1102 and amending Section Nos. 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 engineer-
ing, inspection, administration or other pertinent services on permits for the con-
struction 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.
B-1
Section 709. A driveway including sideslopes shall not be constructed within
a curb return.
7104. En:ineerin: Services Relatin: 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 per-
formed by the Department, the Director shall bill the permittee in accordance with
Section 501 of said Highway Permit Ordinance.
7105. Violations and Penalties. Every person who performs any work regulated
by this Chapter, either without first obtaining a permit therefor from the Commis..
sioner or having a permit, fails or refuses to comply with any applicable provi-
sions of this Chapter or with any condition of the permit or perform work con-
trary to any of the general or special requirements or specifications of the per-
mit, is guilty of a misdemeanor, and is guilty of a separate offense for every day
during any part of which such violation occurs.
Section 2. Pursuant to Section 309 of the Highway Permit Ordinance, the unit
fee schedule for costs incurred in connection with the issuance of construction,
excavation and encroachment permits shall be as established by resolution of the
City Council.
PASSED, APPROVED AND ADOPTED this 6th day of June, 1978 by the following
vote:
AYES: COUNCILMEMBER: Buerk, Shaw, Hein, and Mayor Dyda
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Ryan
MAYO/
ATTEST:
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
AfAC A,
TYfLERK r
I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance 97
passed and adopted by the City Council of the City of Rancho Palos Verdes at a
meeting thereof held on the 6th day of June, 1978 and that said Ordinance was
posted pursuant to law.
ATTEST:
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
4114,
ITY C `PO!
B-2
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, tielshe was and now
is the duly qualified and acting Deputy City Clerk of the City of
Rancho Palos Verdes, California:
That on the 19 day of June 19 78 , she
caused to be posted in three conspicuous places, as required by law,
Or
a copy of which is attachea hereto in the following public places in
the City:
1. City Hall
Rancho Palos Verdes
California
2 ‘ Los Angeles County Fire Department,
Miraleste Station
4000 Miraleste Plaza
Rancho Palos Verdes
California
3. Ridgecrest Intermediate School
28915 Northbay Road
Rancho Palos Verdes
California
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting.
LEONARD G. WOOD, City Clerk
City of Rancho Palos Verdes
A•
Vr-
BY: aw.d.440.— ,
D - ! ty _ t'? ler A
B-3