215-260ORDINANCE NO. PAGE NO.
215 AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING THE ZONING ORDINANCE PERTAINING
TO TENNIS COURTS AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE ...................... 1
216 AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING AND REORGANIZING THE ZONING
ORDINANCE AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE ............................. 6
217 AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGARDING COMMISSIONS AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE ............... 9
218 AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGARDING COMMISSIONS AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE ................ 11
219 AN ORDINANCE OF THE CITY OF ROLLING HILLS
FOR THE PRESERVATION OF TREES ON AND VIEWS
FROM PRIVATE PROPERTY ...................... 13
220 AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE THE LOS ANGELES
COUNTY CODE, TITLE 26, BUILDING CODE;
TITLE 28, PLUMBING CODE; AND TITLE 29,
MECHANICAL CODE, MAKING AMENDMENTS TO
SAID CODES AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE ............................ 17
221 AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A SITE PLAN REVIEW PROCESS IN
THE ZONING ORDINANCE AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE ................. 19
222 AN ORDINANCE OF THE CITY OF ROLLING HILLS
RELATING TO BARKING DOGS, AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE .............. 24
U-52 AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE THE UNIFORM BUILDING
CODE, 1988 EDITION, AND AMENDMENTS THERETO;
LOS ANGELES COUNTY CODE, ELECTRICAL CODE,
TITLE 27; THE UNIFORM PLUMBING CODE, 1988
EDITION, AND AMENDMENTS THERETO; THE UNIFORM
MECHANICAL CODE, 1988 EDITION, AND AMENDMENTS
THERETO; ADOPTING AMENDMENTS TO SAID CODES,
READOPTING PORTIONS OF TITLE 15 OF THE
ROLLING HILLS MUNICIPAL CODE AND DECLARING -
THE URGENCY THEREOF ......................... 25
223 AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A FEE FOR SPECIAL LAW ENFORCEMENT
SERVICES IN RESPONSE TO PARTIES AND GATHERINGS
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. 38
224 AN ORDINANCE OF THE CITY OF ROLLING HILLS
GOVERNING FRANCHISES FOR CABLE TELEVISION
SYSTEMS GRANTED BY THE CITY AND AMENDING
TITLE 5 OF THE ROLLING HILLS MUNICIPAL CODE.. 41
U-53 AN ORDINANCE OF THE CITY OF ROLLING HILLS
PROHIBITING THE RIDING OF BICYCLES ON
EQUESTRIAN TRAILS, AMENDING THE ROLLING HILLS
MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF ...................................... 71
225 AN ORDINANCE OF THE CITY OF ROLLING HILLS
RELATING-:TO VESTING' TENTATIVE-.-MAPS,-AMENDING
THE SUBDI.VIDION ORDINANCE-.-AND-AMENDING THE
ROLLING HILLS MUNICIPAL CODE .............. 73
226 AN ORDINANCE OF THE CITY OF ROLLING HILLS
PROHIBITING THE -RIDING- OF-BTCY.CLES - ON ` i
EQUESTRIAN TRAILS-AND:AMENDING-\THE ROLLING
HILLS MUNICIPAL CODE. ...:.:-:: 75
227 AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING THE ZONING ORDINANCE AND SUBDIVISION
ORDINANCE RELATIVE TO SITING OF HAZARDOUS
WASTE FACILITIES AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE ........................ 77
228 AN ORDINANCE OF THE CITY OF ROLLING HILLS
GRANTING A CABLE TELEVISION FRANCHISE TO
DIMENSION CABLE SERVICES ...................
230 AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A MINIMUM SIZE FOR STABLES
AND CORRALS AND AMENDING THE MUNICIPAL CODE.
231 AN ORDINANCE OF THE CITY OF ROLLING HILLS,
ESTABLISHING THE AUTHORITY TO ISSUE PERMITS
REGULATING THE OPERATION OF VEHICLES
EXCEEDING MAXIMUM ALLOWABLE WIDTHS ON STREETS
WITHIN THE CITY
I
I
ORDINANCE NO. 215
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING THE ZONING ORDINANCE PERTAINING TO
TENNIS COURTS AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN
AS FOLLOWS:
Section 1. Section 17.16.012(E) of Title 17, Chapter
17.16 of the Rolling Hills Municipal Code is amended to read:
"E. Tennis courts, paddle tennis courts, racquetball/squash
and/or handball courts and any other fenced, enclosed and/or
paved or hard -surfaced area used for recreational purposes
(hereinafter "courts"), providing the court complies with
the following minimum conditions:
1. The lot or parcel on which the court is to
W be located shall contain an area of sufficient size
to also provide an area meeting all standards for a
Q stable and corral with vehicular access thereto;
2. The court shall not be located in the front
yard;
3. The court shall not be located within fifty
feet of any road or street easement line;
4. All retaining walls incorporated into the
court shall not be greater than four feet in height
at any point. Exposed exterior retaining walls shall
not be permitted;
5. The construction of the proposed court shall
conform to the lot coverage limitations as set forth
in Section 17.16.040;
6. The court shall not be located on slopes,
which before grading, are steeper than two horizontal
to one vertical nor located on the sides or bottoms
of canyons or natural drainage courses;
2
7. All grading required for the construction
of the court shall be balanced, as regards cutting and
filling and shall not exceed seven hundred fifty (750)
cubic yards;
8. The area graded for the court shall not exceed
10,000 square feet in size;
9. Any grading shall preserve the existing topogra-
phy, flora and natural features to the greatest extent
possible;
10. A drainage system shall be incorporated into
the overall plan of the court and landscaping, which
drainage system shall be approved by the City Engineer;
11. The application for a tennis court conditional
use permit shall be accompanied by a landscape plan,
providing for adequate screening of the court including
planting of landscaping on all sides of the court.
Conditions shall be attached to any permit granted to
assure compliance with the plan and perpetual maintenance
of the landscaping;
12. The court and/or the present and future land-
scaping required by paragraph 11 of this subsection
shall not interfere with the viewscape of the owners
of surrounding property, nor shall it interfere with
the views of users of community easements;
13. Court lighting shall not be permitted; and,
14. If necessary due to the location of the court,
conditions shall be imposed to ensure that noise from
normal court use does not constitute a nuisance to owners
of surrounding properties."
Section 2. The provisions and requirements of this
ordinance shall apply fully to any application for a court permit
which was suspended or interrupted by the moratorium established
by Ordinances Nos. 50-U and 51-U
r
3
Section 3. Ordinance No. 51-U is hereby repealed.
PASSED, APPROVED and.ADOPTED this 22nd day of
June 1987•
ATTEST:
rl
W
Q City Clerk
0
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I hereby certify that the foregoing Ordinance No. 215
entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
THE ZONING ORDINANCE PERTAINING TO TENNIS COURTS
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on'
June 22, 1987 by the following vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock,
Mayor Swanson
NOES: None
ABSENT: Councilman Pernell
and in compliance with laws of the State of California, on the
7th day of July, 1987, was posted at the following:
Crenshaw Gate (West Crest Road)
Eastfield Gate
Main Gate
City Clerk
s.
f
ORDINANCE NO. 216
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING AND REORGANIZING THE ZONING
ORDINANCE AND AMENDING THE ROLLING HILLS r
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY ORDAIN:
Section 1. Section 17.16.010 -of Title 17,
Chapter 17.16 of the Rolling Hills Municipal Code is amended by
deleting paragraph D thereof, relettering paragraph E as
paragraph D, and by amending paragraph A to.read:
A. A single-family one-story residence of a permanent
character placed in a permanent position on a lawful building
(� site which shall have a private, fully enclosed garage with a
minimum capacity of two automobiles.
Section 2. Section 17.16.011 of Title 17,
Chapter 17.16 of the Rolling Hills Municipal Code is amended to
Q read:
17.16.011 Accessory Uses and Structures. The
following uses and structures are permitted in Zone RA -S as
accessory to a legally established single-family dwelling:
A. Swimming pools, including outdoor_ spas, baths or
jet pools;
B. Lath house, greenhouse or hobby shops not used
commercially;
C. Barns and stables for the exclusive use of keeping
permitted domestic animals and not used commercially, provided
that any such structure for the keeping of horses, cows, goats or
other farm pets is located not less than thirty-five feet from
any residence and not less than twenty-five feet from any
property line;
D. The outdoor storage of not more than three
recreational vehicles, boats and trailers or horse trailers,
provided such storage and/or parking is not located within fifty
feet of any roadway easement;
E. Satellite antennae (circular antennae or other
instrument designed or used for the reception of television or
radio communications relayed from earth -orbiting satellite or
other transmitting media), and structure, if the following
standards are met:
I
1. The satellite antennae or solar panels shall
not be located in any required front yard or setback area, and
shall be hidden or screened from view from surrounding properties,
and any roadway easement. Colors of the installation shall blend
with adjacent environment and vegetation to the satisfaction of
the Planning Commission,
2. All satellite antennae installations shall be.
ground -mounted and not affixed to a residential or permitted
accessory structure,
3. Not more than one satellite antenna may be
installed on any legal building pad,
4. A residential structure, as defined in
Section 17.08.130 of this title, must exist on the property,
5. All wiring and cables emanating from a
satellite antenna or plumbing devices from solar panels shall be
installed in compliance with applicable installation
requirements,
6. A building, plumbing and/or electrical
permit, as applicable, shall be obtained prior to installation,
7. The installation shall not exceed a total
over-all height of fifteen feet from finished grade at total
extension.
F. Noncommercial radio.antennae, if the following
standards are met:
i. Noncommercial radio antennae shall not be
located in any required front yard or setback area and shall be
hidden or screened from view from surrounding properties and any
roadway easement in a manner acceptable to the Planning
Commission,
2. All installations shall be ground -mounted
and not affixed to a residential or permitted accessory
structure, except as is deemed necessary to ensure stability.
Such installation shall be done to the satisfaction of the City
Manager,
3. No more than one noncommercial radio antenna
may be installed on any legal building site,
4. A residential structure, as defined in
Section 17.08.130 of this title, must exist on the property,
5. All wiring and cables emanating from
noncommercial radio antennae shall be installed in compliance
-2-
$70710 ses A012.MJ(S)
LU
ED
Q
with applicable installation requirements, or to the approval of
the City Manager,
6. A building or electrical permit, as
applicable, shall be obtained prior to installation,
7. The installation shall not exceed a total
overall height of twenty-five feet from finished grade at total
retraction. Extendable (telescoping) antennae shall not exceed
fifty feet from finished grade at total extension,
8. Occupant of property must possess a valid
radio operator's license issued by the Federal Communications
Commission (FCC),
9.Installation shall be valid only during the
residence of a licensed radio operator, and shall be removed upon
transfer or change of ownership of the property. -
G. The keeping of domestic animals, other than swine,
for noncommercial purposes.
H. Corrals or pens used for the outdoor keeping,
holding or grazing of permitted domestic animals provided that no
grading requiring a grading permit is performed:, the fencing is
located not less than thirty-five feet from any residential
structure and not less than twenty-five feet from any property
line and the corral or pen is not located in the front yard.
Section 3. Section.17.16.012(H) of Title 17,
Chapter 17.16 of the Rolling Hills Municipal Code is amended to
read:
H. Horseback riding rings, used for the exercising
and riding of horses and, corrals requiring a grading permit.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF
September , .1987.
A7EST :
l CITY CLERK
870710 as$ A012.MJ(S)
-3-
S =.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I hereby certify that the foregoing Ordinance No. 216
entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
AND REORGANIZING THE ZONING ORDINANCE AND AMENDING
THE ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on
September 14, 1987 by the following vote:
AYES: Councilmembers Leeuwenburgh, Pernell, Mayor Swanson
NOES: None
ABSENT: Councilmembers Heinsheimer, Murdock
and in compliance with laws of the State of California, on
the 21st day of September, 1987 was posted at the following:
Crenshaw Gate (West Crest Road)
Eastfield Gate
Main Gate
/s/ Terrence L. Belanger
City Clerk
ORDINANCE NO. 217
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGARDING COMMISSIONS AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 2.24 of Title 2 of the Rolling
Hills Municipal Code is hereby repealed in its entirety.
of
ATTEST:
PASSED, APPROVED and ADOPTED this 9th day
May 1988.
City Clerk
Mayor
10
The foregoing Ordinance No. 217 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING
COMMISSIONS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on
May 9, 1988 by the following vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
NOES: None
ABSENT: Councilmembers Heinsheimer. Pernell
ORDINANCE NO. 218
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGARDING COMMISSIONS AND AMENDING THE x
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 2.24 of Title 2 of the Rolling
Hills Municipal Code is hereby repealed in its entirety.
PASSED, APPROVED and ADOPTED this 13th day
of _limp , 1988.
ATTEST:
0
City Clerk
9 6�-�4th4�j
Mayor
0
11
12
The foregoing Ordinance No. 218 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
REGARDING COMMISSIONS AND AMENDING THE ROLLING HILLS MUNICIPAL
CODE
was passed and adopted by the Rolling Hills City Council on
June 13, 1988 by the following vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell,
Swanson, Mayor Murdock
NOES: None
ABSENT: None
[1
ORDINANCE N0. 219
AN ORDINANCE OF THE CITY OF ROLLING
HILLS REGULATING VIEWS AND
PROVIDING FOR ABATEMENT OF VIEW
IMPAIRMENTS AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
Section i. Title 8 of the Rolling Hills Municipal Code
is amended by adding thereto a nev chapter 8.32 to read:
Chapter 6.32
ABATEMENT OF VIEW IMPAIRMENT
Sections:
8.32.010 Purpose
8.32.020 Definitions
8.32.030 Committee on Trees and Views
8.32.040 Abatement of View Impairment: Procedure
8.32.050 Abatement of View Impairment: Findings and Decision
8.32.060 Implementation of Restorative Action
8.32.070 Enforcement
8.32.080 Notice
8.32.090 Desirable and Undesirable Trees
8.32.010 PuMose. The General Plan of the City
recognises the contribution of views to the overall character and
beauty of the City. Panoramic views of the pacific Ocean,
Catalina Island, city lights and the Los Angeles Harbor are a
special quality of property ownership for many residential lots
In the City. These views are beinngq diminished or eliminated by
maturing landscaping located on private property. The purpose of
this Chapter is to protect this important community asset by
establishing procedures for the protection and abatement of
landscaping view obstructions, while at the same time protecting
natural vegetation from indiscriminate removal.
13
2.32.020 Definitions. The following words and phrases
shall have the following definitions for purposes of this
Chapter:
A. "Hedge" means any plant material, trees, stump
growth, or shrubbery planted or growing in a dense continuous
line, so as to form a thicket, barrier or living fence.
B. "Tree" means a woody perennial plant which usually
but not necessarily has a single trunk and a height of fifteen
(15) feet or more, or has a circumference of 20" measured at 24"
above the ground; references herein to "tree" shall include the
plural, "any tree or trees".
C. "View" means a view from a principal residence
and any immediately adjoining patio or deck area at the same
elevation as the residence which consists of a visually
impressive scene or vista not located in the immediate vicinity
of the residence, such as a scene of the Pacific Ocean, off -shore
islands, city lights of the Los Angeles basin, the Palos Verdes
hills, or the Los Angeles Harbor.
D. "View impairment" means significant interference
with and obstruction of a view by landscaping, trees or any other
planted vegetable matter ("vegetation").
2.32.030 Committee on Trees and Views. A Committee is
hereby established to be composed of three (3) residents of the
City appointed by the City Council. The members of the
Committee shall be appointed to serve for a term of three (3)
years; said terms to be staggered so that the term of one member
expires each year. The Committee is authorised to consult with
City officials and with specialists such as landscape architects
or tree surgeons, as the occasion may require, provided, however,
that the Committee shall not incur any expense on behalf of the
City without the prior approval of the City Council.
5.32.040 Abatement of View Impairment: Procedure.
Any person who owns or has lawful possession of a residence from
which a view is impaired by vegetation growing on property other
than their own may seek abatement of the view impairment under
the following procedure:
A. The complainant shall submit a complete appli-
cation for abatement of view impairment on a form prepared by the
City, which shall be accompanied by a processing fee in an amount
determined by resolution of the City Council. The complaint
shall demonstrate what efforts have been made by the complainant
to resolve the view impairment prior to filing the complaint. A
complaint shall not be accepted for filing unless the complainant
can demonstrate that the owner of the view impairing vegetation
-2-
awls on MUJU (t)
has been given notice of the impairment and a reasonable oppor-
tunity to abate it, and has either failed or refused to do so.
B. Upon receipt and acceptance as complete of an
application, the City Manager shall refer the matter to a media-
tor for conduct of a mediation session to abate the view impair-
ment. The mediator shall be responsible for notifying the owner
of the vegetation of the application and for scheduling and
managing the mediation process. If agreement is reached through
mediation, it shall be implemented in accordance with
Section 8.32.060 herein.
C. In the event that mediation fails to achieve
agreement, the matter shall be returned to the City Manager, who
shall schedule it for a public hearing before the Committee by
giving fifteen (15) days notice of the hearing by certified mail,
return receipt requested, to the owner of the tree or other
obstructing vegetation, to the complainant, to all property
owners within one -thousand (1,000) feet of the exterior boun-
daries of the property on which the tree is located, and to
other persons who in the Committee's judgment night be affected.
The notice shall state the name of the complaininq patty, the
name of the owner and the location of the tree or other vegeta-
tion, and the time and place of hearing, and shall invite written
comments to be submitted at or before the hearing. The hearing
shall not proceed in the absence of proof that the owner of the
tree or other vegetation received notice as provided herein.
8.32.050 Abatement of View I32airment: Findings"
D. If a matter is scheduled before it, the Committee
shall conduct a public hearing and consider all written and oral
testimony and evidence presented in connection with the applica-
tion. In the event the Committee requires expert advice in
consideration of the matter, the cost of obtaining such advice
and assistance shall be borne by the complainant pursuant to a
written agreement.
B. Based on the evidence received and considered, the
Committee may find any of the following:
(1) That no view exists within the meaning of
this Chapter;
(2) That a view exists within the meaning of this
Chapter, but that the view is not significantly impaired; or
(3) That a view exists within the meaning of this
Chapter and that it is significantly impaired.
-3—
awls w M.w (6)
The Committee shall make specific written findings in
support of any of the foregoing determinations.
C. If the Committee makes finding (3) above, it
shall order such restorative action as is necessary to abate the
view impairment and restore the complainant's view including but
not limited to removal, pruning, topping, thinning or other
similar alteration of the vegetation. The Committee may impose
such conditions as are necessary to provide for future main-
tenance so as to prevent future view impairments. In no event
shall restorative action be required if such action would
adversely effect the environment or unreasonably detract from the
privacy or quiet enjoyment of the property on which the objec-
tionable vegetation is located.
D. The Committee's decision shall be final twenty
days after adoption of its written findings, unless it is
appealed to the City Council. Appeals shall be processed and
considered in accordance with the provisions of Sections
17.32.140 through 17.32.220 of this Code. The decision of the
City Council shall be final.
A. Within thirty (30) days of a final decision
ordering restorative action, the complainant shall obtain and
present to the owner of the obstructing vegetation three (3) bids
from licensed and qualified contractors for performance of the
work, as well as a cash deposit in the amount of the lowest bid._
In order to qualify, the contractors must provide insurance ..
protecting and indemnifying the City and the complainant from
damages attributable to negligent or wrongful performance of the
work. Any such insurance shall be subject to the approval of the
City.
B. The owner of the obstructing vegetation may select
any licensed and qualified contractor to perform the restorative
action (as long as the insurance requirements of paragraph A are
satisfied), but shall be responsible for any cost above the
amount of the cash deposit. The work shall " completed no more
than thirty (30) days from receipt of the cash deposit.
C. Subsequent maintenance of the vegetation in
"question shall be performed as prescribed by the final decision
at the cost and expense of the owner of the property on which the
vegetation is growing. The vegetation shall be maintained in
accordance with the final decision so as not to allow for future
view impairments. A notice of the decision shall be recorded
against the title of the property and shall run with the land,
thereby giving notice of this obligation to all future owners.
-4-
$MIS in nMJU (s)
D. The implementation method provided for in this
section may be modified by the parties or in any final decision
if grounds exist to justify such a modification. In particular,
the Committee may allocate the cost of restorative action as
follows:
(a) If the Committee finds that the tree or other
vegetation constitutes a safety hazard to the complainant or his
property, and is being maintained by the owner in disregard of
the safety of others, the owner may be required to pay one -
hundred percent (100%) of the cost of correction; or
(b) If the owner is maintaining a hedge fifteen
(w) feet or more in height, the Committee may allocate the cost
of correction, provided that the owner of the land on which the
hedge exists shall not be required to pay more than twenty-five
percent (25%) of the cost of such correction.
8.32.070 Enforcement. Failure or refusal of any person
to comply with a final decision under this Chapter or to comply
with any provision of this Chapter shall constitute a misdemeanor
and shall be punishable by a fine of $1,000 or six months in
County Jail, or both. Failure or refusal of any person to comply
with a final decision under this Chapter shall further constitute
a public nuisance which may be abated in accordance with the
procedure contained in Chapter 8.24 of this Title.
A final decision rendered under this Chapter may be
enforced civilly by way of action for injunctive or other
appropriate relief, in which event the prevailinq party may be
awarded attorney's fees and costs as determined by the court.
Nothing in this Chapter shall preclude the prosecution
of any civil cause of action under the law by any person with
respect to the matters covered herein.
8.32.080 Notice. The owner on whose property the
offending vegetation exists shall notify all successor ownero of
the final decision in any proceeding under this Chapter and such
decision shall be binding upon all such successors in interest.
Within thirty (30) days of the final decision an informational
covenant shall be recorded against the title of the property on a
form provided by the City.
80.32.090 Desirable and Undesirable Tress. The
Committee is authorized and directed to prepare lists of types of
desirable trees and undesirable tress for planting within the
City, based upon their size and shape, rate or growth, depth of
roots, fall rate of leaves or bark or fruit or branches, and
other factors related to safety, maintenance and appearance. The
propeof
information vtheousesto make of which may avoid the
le to
property . Y
-5-
owls M n SJU (6)
future occasion for permits, complaints or other proceedings
under this Chapter.
PASSED, APPROVED AND ADOPTED this 27th day of
Juns 1988.
M
ay 4c
ATT ST:
City Clark
The foregoing Ordinance No. 219 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS FOR THE
PRESERVATION OF TREES ON AND VIEWS FROM PRIVATE PROPERTY
was passed and adopted by the Rolling Hills City Council
on June 27, 1988 by the following vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Swanson
Mayor Murdock
NOES: None
ABSENT: Councilman Pernell
UNIS $as ANSA) (6)
L
ORDINANCE NO. 220
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE THE LOS ANGELES COUNTY
CODE, TITLE 26, BUILDING CODE; TITLE 28,
PLUI+!-,RING CODE; AND TITLE 29, MECHANICAL CODE,
MAKING AMENDMENTS TO SAID CODES AND AMENDING
THE ROLLING HILLS MUNICIPAL CODE
ORDINANCE NO. 220
l'7
This ordinance is entitled, "AN ORDINANCE OF THE CITY OF ROLLING
HILLS ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE, -TITLE 26,
BUILDING CODE, TITLE 28, PLUMBING CODE, AND TITLE 29, MECHANICAL
CODE, MAKING AMENDMENTS TO SAID CODES AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE".
r` This ordinance would adopt, by reference, the Los Angeles County
t i Building, Plumbing, and Mechanical Codes as the City of Rolling Hills
W Codes. The matter has been duly noticed as required under California
State law. Staff recommended approval of the ordinance.
Q Councilwoman Leeuwenburgh moved that Ordinance No. 220, entitled
"AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE THE
LOS ANGELES COUNTY CODE, TITLE 26, BUILDING CODE, TITLE 280 PLUMBING
CODE, AND TITLE 29, MECHANICAL CODE, MAKING AMENDMENTS TO SAID CODES
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE" be adopted and that
reading in lull be waived. Councilwoman Swanson seconded the motion,
and it carried unanimously.
The foregoing Ordinance No. 220 entitled:
AN ORDINANCE OF THS CITY OF ROLLING HILLS ADOPTING BY
REFERENCE THE LOS ANGELES COUNTY CODE, TITLE 26, BUILDING
CODE;,TITLE 28, PLUMBING CODE; and TITLE 29, MECHANICAL
CODE, MAKING AMENDMENTS TO SAID CODES AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
was adopted by the Rolling Hills City Council on June 27, 1988
by the following vote:
AYES: -Councilmembers Leeuwenburqh, Pernell, Swanson
1 Mayor Murdock
NOES: None
ABSENT: Councilman Heinsheimer
ORDINANCE NO. 22__1___
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A SITE PLAN REVIEW PROCESS IN
THE ZONING ORDINANCE AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
Section 1. Title 17, Chapter 17.16 of the Rolling Hills
i` Municipal Code is amended by adding thereto a new Section
r,%_ 17.16.130 to read:
T-4 17.16,130. Site Plan Review. No building or structure
W shall be constructed and no expansion, addition, alteration or
co repair to existing buildings or structures which involve changes
to grading which requires a grading permit or increasing the site
of the building or structure by more than twanty-five (2S)
percent in any thirty-six (36) month period shall be Dade in the
RA -S zone without first receiving site plan review approval as
required by Chapter 17.34.
Sectign 2. Title 17, Chapter 17.20 of the Rolling Hills
Municipal Code is amended by adding thereto a new Section
17.20.040 to read:
17.20.040. Site Plan Revue. No building or structure
shall be constructed and no expansion, addition, alteration or
repair to existing buildings or structures which involve changes
to grading which requires a grading permit or increasing the size
of the building or structure by more than twenty-five (25)
percent in any thirty-six (36) month period shall be made in the
C -L zone without first receiving site plan review approval as
required by Chapter 17.34.
Section 3. Title 17, Chapter 17.08 of the Rolling Hills
Municipal Code is amended by adding thereto a new Section
17.08.135 to road:
17.08,135, Existing Bv_ild_able aa. "Existing buildable
area" means that portion of a lot that constitutes the existing
building pad and any other contiguous portion of the lot within
allowable setbacks that has an average slope of ten percent (10%)
or less. If them is no existing building pad, it shall mean
that portion of a lot within allowable setbacks that has an
average slope of tan percent (10%) or less.
Section 4. Title 17 of the Rolling Hills Municipal Code is
amended by adding thereto a new Chapter 17.34 to read:
1.'20
Chapter 17.34
SITE PLAN REVIEW
Sections:
17.34.010 Applicability
17.34.020 Applications
17.34,030 Notice and Hearing
17.34.040 Findings and Decision
17.34.050 Notice of Decision
17.34.060 Effective Date and Appeal
17.34.070 Subsequent Modification
17.34.080 Expiration of Approval
17.34.090 Compliance
17.34,010. Applicability. A development plan shall be
submitted for site plan review and approval according to the
following procedures before a grading permit, electrical permit,
plumbing- permit or building permit is issued for the -.construction
of any building or structure or the expansion, modification,
alteration or repair of any existing building or structure
involving changes to grading which requires a grading permit or
increasing the size of the building or structure by more than
twenty-five (25) percent in any thirty-six (36) month period.
The site plan review process is intended to assist in the orderly
development of property in conformance with the objectives of the
General Plan.
17.34.020, Applications. An application shall be filed in
accordance with the procedures contained in Chapter 17.40.
Applications shall be deemed complete only after all required
information is submitted and the application fee determined by
resolution of the City Council paid. The City Manager may
require a conference with the applicant before a hearing on the
application is set before the Commission.
17.34.030, ice and Hearing. Procedures for notice and
hearing of site plan review applications shall -be as prescribed
by Chapter 17.40.
17.34.040. Findings and Decision.
A. The Commission shall render its decision on a site plan
review application by resolution. The Commission shall
approve an application upon affirmatively finding that
the proposal:
(a) Is compatible with the General Plan, the zoning
ordinance and surrounding uses;
(b) Preserves and integrates into the site design, to
the maximum extent feasible, existing natural
-2-
861115 ti AM.= (1)
-21
topographic features of the lot including
surrounding native vegetation, mature trees,
drainage courses, and land forms (such as
hillsides and knolls);
(c) Follows natural contours of the site to minimize
grading; extensive grading and recontouring of
existing terrain to maximize buildable area shall
not be approved. Graded slopes shall be rounded
and contoured so as to blend with existing
terrain. Grading shall not modify existing
drainage or re -direct drainage flow unless into an
existing drainage course.
(� (d) Preserves surrounding native vegetation and
supplements it with landscaping that is compatible
W with and enhances the rural character of the
community. Landscaping should provide a buffer
and transition zone between private and public
Q areas.
(e) Substantially preserves the natural and
undeveloped state of the lot by minimizing
building coverage. Lot coverage requirements
shall be regarded as maximums and the actual
amount of lot coverage permitted should depend
upon the existing buildable area of the lot.
(f) Is harmonious in scale and mass with the site, the
natural terrain and surrounding residences.
Setbacks shall be regarded as minimums and more
restrictive setbacks shall be imposed where
necessary to assure proportionality and openness.
(g) Is sensitive and not detrimental to convenience
and safety of circulation for pedestrians and
vehicles.
(h) Conforms with the requirements of the California
Environmental Quality Act.
B. If the proposed development complies with all
applicable requirements and standards of this Title iT
and othei laws and regulations, and the Commission
finds that the criteria of Paragraph 1 of this Section
are adequately met, or can be met if specified condi-
tions are observed, the application shall be approved,
subject to such specified conditions. If the
Commission finds that the proposal cannot meet and
cannot be modified.to meet the requirements of this
Title and the above criteria, the application shall be
disapproved. In all cases, findings shall be made
concerning the grounds for approval or disapproval..
-3-
091115 tj AM.= (1)
22
1.7.34.050. Notice of Decision. Written notice of the
decision shall be given by first class mail to the applicant
within ten calendar days following rendering of the decision.
17.34.060. Effective Date and Appeal. The decision of the
Commission shall become effective and final twenty (20) days
after the date of decision unless an appeal is filed with the
City Clerk. Appeals shall be processed in accordance with the
procedures set forth in Sections 17.32.1140 through 17.32.2220.
.17.34.070. Subseaent Modification. After a site plan
review application has been approved, modification of the
approved plans and/or any conditions imposed, including additions
or deletions, may be considered upon filing of an application by
the owner of the subject property or his authorized representa-
tive. A public hearing on a proposed modification of the plans
and/or conditions need not be held unless the City Manager
concludes that the proposed modification extend beyond the intent
of the original approval. The decision and any appeal in
connection with modification of plans and/or conditions shall be
in the same manner as set forth above in this Chapter.
17.34.080. Expiration of approval.
A. Expiration. A site plan review approval shall become
automatically null and void, unless extended as
provided in Paragraph B of this Section, if any of the
following occurs:
(a) Unused Permit. Within one year from the
Commission's action, construction has not yet
commenced, or if commenced, such work has been
suspended or abandoned at any time after
commencement for a period of 180 days or more.
(b) Time limit as a Condition of Permit.
Circumstances which terminate the permit pursuant
to any termination provision included as a
condition of the permit.
B. Extension. Upon application by the property owner
filed on or before the date of expiration of the
approval, an approval which would otherwise expire may
be extended by the Commission,. or by the Council upon
appeal, if the Commission or Council finds that the
expiration would constitute an undue hardship upon the
property owner and that the continuation of the
approval would not be materially detrimental to the
health, safety and general welfare of the public.
Extensions shall not be granted for more than a total
of one year unless a public hearing is held and
-4-
SNIG 1) AM.KN (1)
23
approval granted in the same manner and based upon the
same criteria as for the issuance of a new permit.
17.34.090. Compliance. No certificate of occupancy shall
be issued, nor any authorization to connect utilities, until a
final inspection has determined that the construction complies
with the approved plans.
PASSED, APPROVED AND ADOPTED this 28th
day of November 1988.
94Mayo
ATTEST:
DEPWry fity Cle
-
rk `
W
m
Q -
The foregoing Ordinance No. 221 was adopted by the Rolling
Hills City Council on November 28, 1988 by the following vote:
AYES: Councilmembers Leeuwenburah, Pernell
Mayor Murdock
NOES: None
ABSENT: Councilmembers Heinsheimer, Swanson
ee»>s a AM.r41 cu
-5-
24
ORDINANCE NO. _222
AN ORDINANCE OF THE CITY OF ROLLING HILLS
RELATING TO BARKING DOGS, AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS.FOLL0WS:
section 1. Title 6, Chapter 6.04, Section 6.04.030 of
the Rolling Hills Municipal Code is amended to read as follows:
6.04.030 Penalty for Vio ation of This Title. No
person shall violate any provisions, or tail to comply with any
of the requirements of this Title. Any person violating any of
the provisions or failing to comply with any of the requirements
of this Title shall be guilty of a misdemeanor punishable by a
fine of not more than one thousand ($1,000.00) dollars or by
imprisonment in the county jail for a period not exceeding six
(6) months, or by both such line and imprisonment. Each such
person shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provision of
this Title is committed, continued or permitted by such person
and shall be punishable accordingly.
Section A. Title 6, Chapter 6.08, of the Rolling Hills
Municipal Code is amended by amending Sections 6.08.030 and
6.08.060 and adding a new Section 6.08.135 to read:
6.08.050 Department. "Department" means the
southern California Humane Society, or any person, sole
proprietorship, association, partnership or corporation employed
by or under contract with the City to enforce and carry out the
terms and provisions of this Title.
6.08.060 Director_. The "Director" means the
Executive Director of the Department, as defined in Section
6.08.030, or his or her designee.
6.08.135 gunning at Larae. "Running at large" or
"being at large" means the presence of any animal on public or
private property not owned or possessed by the owner or person
having control, custody or possession of the animal, and not
within the presence of or otherwise accompanied by the owner or
possessor of the animal.
Section 11. Title 6 of the Rolling Hills Municipal
Code, is hereby amended to add a new Chapter 6.46 to read as
follows:
6.46.010 Barking Docs and Other Noisy AnnimalaO it
shall be unlawful to keep, maintain, or cause or permit to be
kept or maintained upon any premises in the City, or to permit or
allow to be running at large, any dog or other anima_1:,which
repeatedly barks, howls, whines, crows, or makes loud'' -or unusual
noises in such a manner as to either disturb the peace. and quiet
or interfere with the comfortable enjoyment of property of a
person or persons residing in the vicinity of such promises.
Violation of this Section shall be a misdemeanor and punishable
in accordance with the provisions of Section 6.04.030 of this
Code. Every day during which any person continues to keep or
maintain any such animal, shall be a separate violation of this
section.
6.46.020 Procedure for Proglssing Combleints of
Barking Doan and Other may lin_ i=
A. Complaints regarding a barking dog or other noisy
animal shall be submitted in writing to the City Manager and
shall include the name, address and telephone number of the
complainant, the address where the animal is kept, and a
description of the noise and times of day it -in heard by the
complaining party.
B. Upon receiving a complaint involving a barking dog
or other noisy animal, the City Manager shall send a letter or
notice to the owner of the dog or other noisy animal or the owner
of the premises upon which the dog or other noisy animal is kept
(hereinafter "owner"), advising the owner of the alleged noise
and requesting immediate steps be taken to prevent any further
disturbances.
6.46.-030 Hearing Before City 11anAW. If a second
complaint regarding a barking dog or other noisy animal is
received by the City alter completion of the procedures specified
in Section 6.46.020, the City Manager shall hold a hearing to
determine whether there has been a violation or continues to be a
violation of Section 6.46.010. Notice of,the time and place -of
the hearing shall be sent in writing to the owner and all
complaining parties at least seven (7) days prior to the date of
the hearing.
Animal •
or is not
violation
following
6.46.040
in making a determ natio
a barking dog or other
of Section 6.46.010 has
shall be considered.
191003 *" A444.01 0 2
occurred, evidence of the
1 is
.� • •. ..•.r ... r..♦ •. .. .w . w. • ♦•r. r, r •ww•wwrrr Vrrr•rr •.. y
A. The nature and frequency of the barking or other
noise.
a. The time or times of day when the noise is heard
by the complaining parties.
C. The apparent reasons or provocations for the dog
or other animal to emit the noise.
D. The location or locations on the property where
the dog or other animal is kept.
E. The manner in which the dog or other animal is
kept.
F. The number of persons complaining about the
barking or other noise.
G. Any other relevant evidence concerning the alleged
barking dog or other noisy animal problem.
6.46.050 bisposition of Barking Dog or otbgr Noisy
Animal. Within three (3) days after the hearing specified in _
Section 6.46.0701 the City Manager shall:
A. Make a determination as to whether the dog or
other animal is a barking dog or other noisy animal within the
meaning of Section 6.46.010 and whether there has been a
violation of Section 6.46.010/
B. Issue an order which may include any or all of
the following dispositions of the matter:
(l) NO actions
(7) That the dog or other animal be trained or
re-trained to cease creating a violations
(3) That the dog or other animal be kept indoors
during specified hours, or other similar measures be taken,
to eliminate the violations
(4) That the dog or other animal be removed from
the City permanently, or for a specified period of time
after which time the animal may be returned as long as steps
have been taken such that the violation will not recur; and,
(5) That the matter be referred to the
appropriate agency for criminal or civil prosecution of the
owner of the dog or other animal.
The City Manager's determination shall include specific
deadlines for performance of the order.
89100 ua A"4.0E 0 3
C. Send a written notice of his determination and
order to the owner and the complaining parties.
6.46.060. anneal. The determination and order of the
City Manager shall be final unless appealed to the City Council
by the filing of a written appeal with the City Clerk within
seven days of the date of mailing, which appeal shall be
accompanied by an appeal fee, in an amount to be determined by
resolution of the City Council. The Manager's determination and
order shall be stayed during the pendency of the appeal. The
decision of the City Council shall be final.
6.46.070. Failure to Comniv..Failure of the owner to
comply with a final determination and order shall be a
misdemeanor and punishable in accordance with the provisions of
Section 6.04.030 of this Code.
Sec ion 4. Section 6.48.020 of Chapter 6.48 of
Title 6 of the Rolling Mills Municipal Code, is amended to read
as follows:
6.48.424. Doc „Ku,iis_a_nga Abatement. When written
complaint has been made under oath or under the penaltyof
perjury by any person to the city Manager that any do is a
nuisance by reason of running or charging at or after any person,
moving or otherwise, or any horseback rider, vehicle or bicycle,
or destroying any property, such dog, after investigation, may be
declared to be a public nuisance by the City Manager within five
days after receipt. of the written complaint. Such complaint
shall state the name and address of the owner of the dog and the
time and place where the act or acts complained of occurred. The
City Manager shall serve written notice of such complaint and the
alleged facts of the person owning or having custody of such dog
by delivery to his or to some person over the age of eighteen
years at the address of the owner or person having custody of
such dog or, if no such person be found, by affixing such written
notice securely to the door of the building at such address and
by sending a copy thereof forthwith by certified or registered
mail to said address. After service of such notice, the owner
shall thereafter keep said dog securely tied within an adequate
enclosure or on a leash, or in the alternative, the owner may
elect to cause said dog to be permanently removed from the City
01003 a• AW ADE 0 4
St1' d`' kiCnAKJS wA i �;;h �. A. ;14— 0 -Os : [ ; [OrM 0
and, upon removal, shall thereafter file an affidavit to that
affect with the City Manager.
PASSED, APPROVED and ADOPTED this 10th day of
October 1989.
to
t Mayor
ATTESTt
City Clerk
The foregoing Ordinance No. 222 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS RELATING TO
BARKING DOGS, AND A14ENDING THE ROLLING HILLS UUNICIPAL CODE
was adopted at a regular meeting of the Rolling Hills City
Council on October 10, 1989 by the following vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell
Mayor Leeuwenburgh
NOES: None
ABSENT: Councilwoman Swanson
001003 Na A4 4 AU 0 5
ORDINANCE N0.
An ordinance amending Title 26 (Building Code) of the los Angeles County
Code to adopt by reference portions of the 1688 edition of the Uniforee Building
Code and seeks other changes.
The Board of Supervisors of the County of los Angeles ordains as follows:
SECTION i. Section 100 of the Title 26 of the los Angeles County code is
amended to read:
Sec. 100. U.B.C. Adoption by Reference. Except as hereinafter provided,
Chapters 4 through 60, excluding Chapters 3b, 41 and 531 of that certain
building code known and designated as the Uniform Building Code, 4M JL88,
Edition", prepared by the International Conference of Building Officials and
including Chapters T {41VIN8N-6-MRit}, 11, 23 (Divisions I and 111, 380
49 and 55 of the Appendix to said Uniform Building Code, are incorporated herein
by reference as it fully set forth below, and shalt be know as Chapters 4
through 60 of Title 26 of the los Angeles County Code.
A Copy of said Uniform Building Code, including the above designated
portions of the Appendix, has been deposited in the Executivt Office of the
Board of Supervisors and shall be it all times maintained by the Executive
Office for use and examination by the public.
SECTION 2. Section 103 of Title 26 of the Los Angeles County Code is
amended, beginning with the fourth paragraph, to read:
Whore, in any specific case, different sections of this code specify
different materials, methods of construction or other requirements, the most
restrictive shalt govern. where there is a conflict between a general
reauirement and a specific reautrement the specific reouirement shallba
soot icable.
EXHIBIT "A"
In the event any differences to requirements exist between the physically
handicapped access requirements of said Uniform Building Code and Part 2,
Title 24, California Adm4P46tFGt4Ye Gede Code of Regulations, then Title 24
shall govern.
SECTION 3. The first paragraph of subsection 104(b) of Title 26 of the Los
Angeles County Code is amended to read:
(b) Additions, Alterations or Repairs. Additions, alterations or repairs
may be made to any building or structure without requiring the existing
building or structure to comply with all the requirements of this code
provided the addition, alteration or repair conforms to that required for a
new building or structure. shall Pet
Additions or alterations shall not be made to an existing building or
structure which will cause the existing building or structure to be in
violation of any of the provisions of this code nor shall such additions or
alterations cause the existing building or structure to become unsafe. An
unsafe condition shall be deemed to have been created if an addition or
alteration will cause the existing building or structure to become
structurally unsafe or overloaded; will not provide adequate egress in
compliance with the provisions of this code or will obstruct existing
exits; will create a fire hazard; will reduce required fire resistance or
will otherwise create conditions dangerous to human life. Any building so
altered, which involves a change in use or occupancy, shall not exceed the
height, number of stories and area permitted for new buildings. Any
building plus new additions shall not exceed the height, number of stories
and area specified for new buildings. Additions or alterations shall not
be made to an existing building or structure when such existing building or
2
`t
structure is not in full compliance with the provisions of this code
except when such addition or alteration will result in the existinj
building or structure being no more hazardous based on life safety, fire
safety and sanitation, than before such additions or alterations are under-
taken. (See also Section 911(c) for GroUD H, Division 6 Occupancies.)
SECTION 4. Subsection 104(d) of Title 26 of the Los Angeles County Code is
amended by adding the following sentence at the end of the said subsection:
To determine compliance with this subsection, the building official may
cause any structure to be re -inspected.
SECTION 5. The first paragraph of subsection 104(f) of Title 26 of the Los
Angeles County Code is amended to read:
(f) Historic Buildings - Repairs, alterations and additions necessary for
the preservation, restoration, rehabilitation or continued use of a
building or structure may be made
according to Part 8
of Title 24 of the California Code of Regulations (State Historical
Building Code), provided:
SECTION 6. The second paragraph of Subsection 203(x) of Title 26 of the
Los Angeles County Code is amended by adding the following at the end of said
paragraph:
As an alternative, the building official may institute any other
appropriate action to prevent, restrain, correct or abate the violation.
SECTION 7 . The first paragraph of Subsection 302(b) of Title 26 of the
Los Angeles County Code is amended by adding the following sentence at the end
of said paragraph:
Submittals shall include construction inspection requirements as defined in
Section 302(c).
3
SECTION B. Section 302 of Title 26 of the Los Angeles County Code is
amended by renumbering existing subsections 302(c) and 302(d) to 302(d) and
302(e), respectively, and inserting a new Subsection 302(c) to read as follows:
,(c) Construction Inspection - The engineer or architect in responsible
charge of the structural design work shall include in the construction
documents the followinL
1. Special inspections required by Section 306.
2. Other structural inspections required by the engineer or architect in
responsible charge of the structural design work.
SECTION 9. The first paragraph of subsection 303(c) of Title 26 of the Los
Angeles County Code is amended to read:
(c) Validity - The issuance or granting of a permit or approval of plans
shall not be construed to be a permit for, or an approval of any violation
of any of the provisions of this code or of any other ordinance of this
jurisdiction. No permit presuming to give authority to violate or cancel
the provisions of this code or any other ordinance of this jurisdiction
shall be valid, except insofar as the work or use which it authorizes is
legal.
SECTION 10. Exception 2 to Subsection 304(x) of Title 26 of the Los
Angeles County Code is amended to read:
2. The total permit fee for a combined building permit, as provided in
Subsection 303(f) shall be 4-w;b 1.60 times the building permit fee
determined from Table No. 3-A.
4
SECTION 11. Subsection 304(b) of Title 26 of the Los Angeles County Code
1s amended by adding the following paragraph at the end of said subsection:
The fees specified to this subsection are separate fees from the permit
fees specified in subsection 304(x).
SECTION 12., Subsection 305(x) of Title 26 of the Los Angeles County Code is
amended to read:
Sec. 305(x) General - All construction or work for which a permit is
required shall be subject to inspection. by the building official and all
such construction or work shall remain accessible and exposed for inspec-
tion purposes until approved by the building official. In addition, a4
certain types of construction shall have continuous inspection as specified
in Section 306.
Approval as a result of an inspection shall not be construed to be an
approval of a violation of the provisions of this code or of other ordinan-
ces of this jurisdiction. Inspections presuming to give authority to
violate or cancel the provisions of this code or of other ordinances of the
jurisdiction shall not be valid.
It shall be the duty of the permit applicant to cause the work to
remain accessible and exposed for inspection purposes. Neither the
building official nor the jurisdiction shall be liable for expense entailed
in the removal or replacement of any material required to allow inspection.
A survey of the lot may be required by the building official to verify
compliance of the structure with approved plans.
5
A site inspection may be required prior to plan check of building
plans for lots or parcels in areas having slopes of five horizontal to one
vertical (5:1) or steeper when the building official finds that a visual
inspection of the site is necessary to establish drainage requirements for
the protection of property, existing buildings or the proposed construc-
tion. The fee for such inspection shall be as set forth in Section 304(f).
Such a preinspection shall not be required for a building pad graded under
the provisions of Chapter 70.
SECTION 13. Subsection 305(b) of Title 26 of the Los Angeles County Code is
amended to read:
(b) Inspection Record Card - Work requiring a permit shall not be com-
menced until the permit holder or his agent shall have posted or otherwise
made available an inspection record card
such pes#t4en as to allow the building official con-
veniently to make the required entries thereon regarding inspection of the
work. This card shall be maintained 4n such esit#on available by the per-
mit holder until the GeFtMeate of Geewpaney final approval has been
4,ssued granted by the building official.
SECTION 14. Subsection 305(c) of Title 26 of the 'Los Angeles County Code
is amended to read:
(c) Approvals Required - No work shall be done on any part of the building
or structure beyond the point indicated in each successive inspection
without first obtaining the written approval of the building official.
SUGh Witten aPPF8Ya1 shall be giveR on aftep an 4 shall have beeR
made of each success4ve step in the GOAStFUMOR as 4nd4eated by eaeh-e*
The building official, upon
notification, shall make the requested inspections and shall either indi-
cate that portion of the construction is satisfactory as completed or shall
notify the permit holder or his agent wherein the same fails to comply with
this code. Any portions which do not comply shall be corrected and such
portion shall not be covered or concealed until authorized by the building
official.
There shall be a final inspection and approval of all buildings and
structures when completed and ready for occupancy and use.
SECTION 15. The second paragraph of Subsection 305(d) of Title 26 of the
Los Angeles County Code is amended to read:
The building officials upon notification from the permit holder or his
agent, shall make the following inspections:
POWORS of the GORStFUetIOR as completed OF Shall notify the peWt heldeF
SECTION 16. Section 305 of Title 26 of the Los Angeles County Code is
amended by adding Subsection 305(f) to read:
M Inspection Requests - It shall be the duty of the person doing the
work authorized by a permit to notify the building official that such work
is ready for inspection. The building official may require that every
request for inspection be filed at least one working day before such
Inspection is desired. Such reauest may be in writing or by telephone
at the option of the building official.
It shall be the duty of the person requesting any inspections required
by this code to provide access to and means for inspection of such work.
SECTION 17. The first paragraph of Section 306(x) of Title 26 of the Los
Angeles County Code is amended to read:
7
(a) General - In addition to the inspections to be made as specified in
Section 305, the owner OF h46 a9ePA shall employ a special inspector for
continuous inspection. The special inspector may be employed either
directly or through the architect or engineering firm in charge of the
design of the structure, or through an independent approved inspection/test
firm. The inspector so employed wM shall be present during construction
on the following types of work:
SECTION 18. Subsection 306(a) of Title 26 of the Los Angeles County Code
is amended by adding items 13 and 14 to read:
13. BOLTS INSTALLED IN CONCRETE - During installation of bolts and placing
of concrete around such bolts when stress increases permitted by Footnote
No. 5 of Table No. 26-G are utilized.
14. SHOTCRETE - During the taking of test specimens and placing of all
shotcrete and as required by Section 26210) and M.
EXCEPTION - Shotcrete work fully supported on earth, minor repairs
and when, in opinion of the building official, no special hazard exists.
SECTION 19. Section 306(c) of Title 26 of the Los Angeles County Code is
amended to read:
(c) Special Inspector - The special inspector shall be a qualified person
approved by the Building Official.
The special inspector shall furnish continuous inspection on the
construction and work requiring his employment. He shall report to the
Building Official in writing, noting all Code violations and other
information as required.
Before commencing his duties, the special inspector shall be examined and
shall obtain a Certificate of Registration from the Building Official.
Where the Building Official determines that the examination administered by
8
1
• the International Conference of Building Officials (ICBO) for a category of
Special Inspector Certification is equivalent to the written portion of the
above required examination, the Building Official may require such
certification by ICBO in lieu of administering a written examination in
that category. Applications shall be made in writing and shall be
accompanied by a fee of $100, except that when the Building Official
requires the ICBO certificate in lieu of administering a written
examination, the application shall be accompanied by a fee of $65 and proof
of the required certificate. A separate application and a separate fee
shall be required for each type of work. Applicants failing to pass an
examination shall be ineligible for re-exami-nation for a period of 30
days. A new application and fee shall accompany each request for
re-examination. Unless sooner revoked, Certificates of Registration for
special inspectors shall expire biennially on June 30, and must be renewed
by payment of a biennial renewal fee of $0 $50.
SECTION 20. Section 306 of Title 26 of the Los Angeles County Code is
amended by adding Subsection 306(1) to read:
(i) Structural Observation - During the construction of a structure
located in Seismic Zone No. 3 or No. 4 1n which construction inspection, as
defined in Section 302(c), Item 2, is required, the owner shall employ the
engineer or architect responsible for the structural design or his
designated engineer or architect to make visits to the site to observe
general compliance.with the approved structural plans, specifications and
change orders. The engineer or architect shall submit a statement in
writing to the building official stating the site visits have been made and
that any deficiencies noted have been corrected.,
SECTION 21. The first sentence of Subsection 307(a) of Title 26 of the Los
Angeles County Code is amended to read:
Sec. 307(a) Use of and Occupancy. No building or structure M-&fps—��
R-1 40646 we shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion thereof
shall be made until the building official has approved the building or
structure for such use or occupancy.
SECTION 22. Subsection 3O7(c) of Title 26 of the Los Angeles County Code
is amended to read:
(c) Certificate Issued - After final inspection when it is found that the
building or structure complies with this code and other laws which are
enforced'by the building official, and a request has been made by the per-
mittee or owner, the building official shall issue a Certificate of occu-
pancy which shall contain the following:
EXCEPTION: Group R. Division 3 and M Occupancies.
1. The building permit number.
2. The address of the building.
3. The name and address of the owner.
4. A description of that portion of the building for which the certificate
is issued.
5. A statement that the described portion of the building complies with
the requirements of this code for group and division of occupancy and the
use which the proposed occupancy is classified.
6. The name of the building official.
Issuance of a Certificate of Occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinan-
ces of this jurisdiction. Certificates presuming to give authority tato
10
dilate or cancel the ro 1ogt, of this code or of oWr rdinanceLif
this urisdiction shall not be valid.
SECTION 23. The second paragraph of subsection 307(d) is amended to read:
Such temporary Certificate of Occupancy shall be valid for a period not
to exceed six months. Te puilding official my. in writing. extend the
twoorary tartlficate of Occueancy when he determines that the eir-
cunstances so warrant. upon reauest of the owner or permittlI. After the
expiration of a tenporairy Certificate of Occupancy ei extension(s)
thereof* the building or structure shalt not be used or occupied until the
building official has approved the building for such use or occupancy.
SECTION 24. Sectlon_307 of Title 26 of the Los Angeles County Code is
amended by adding subsection 307(f) to read:
(f) RMation - The building official may. in writini, suspend or revoke
a Certificate of Occuoancy issued under the provisions of this code when-
ever the certificate is issued in error. or on the basis of incorrect
Information sucolied. or when it is determined that the building or struc-
ture or portion thereof is in violation of any ordinance or regulation or
4ny of the provisions of this code. -`
SECTION 26. The first sentence of subdivision 308(&)2 of Title 26 of the
Los Angeles County code is amended to reads
2. Portions of the unincorporated territory of the County of Los Angeles
subject to severe flood hazard by reason of inundation, overflow, erosion
or deposition of debris are established as floodways by
OFMAMe4k. 12.114 Chaoter 11.60 of Title 11 of the Los Anille County
Code. of Lee -Mgo eov
11
SECTION 26. Section 308(d) of Title 26 of the Los Angeles County Code is
emended by renumbering to Section 308(e).
SECTION 27, Section 308 of Title 26 of the Los Angeles County Code is
&undid by adding subsection (d) to reads
M METHANE US NAZARDS,, Parmits shall not be issued for building
ptructures regulated by this Code on. adjacent to. or within L000 feet of
Aclive. abandoned or idle oi.l or gas well(s) unless desiLrtld according
the recom endations contained in a report oreoared by a licensed civil,
engineer and reviewed and eoproved by the Director of Public Works, The
report shall contain a descriotien of the investigation, studLnd
recomandation to minimlzs the pgssible instrusion, and to prevent the
accumulation of explosive concentrations of biogjie and petrogenie oases
within and under enclosed portions of such building or structure. At the
time of the final inspection, the licensed civil engineer shall furnish a
Wined statement attesting that the structure has been constructed in
accordance with his recommendations and that such building or structure
is safe from intrusion of biogenic _and petro enp icuses and can be, safely
occupied,
Abandoned or idle oil or gas welllsl within a property on which cer-
pits ere to be issued for buildings or structures regulated by this Code
shall a evaluated by a licensed civil and/or oetroleum engineer and ehall,
pe abandoned or reabandoned if so determined by and in accordance with the
eoolicable rules and regulations of the Division of 011 and Gas of the
State of California„ This requirement is not applicable to abandoned pr
12
idle oil or gas wells more than 1,000 feet of the proposed building or
structures.
As used in this Section. 'well' shall mean any well as defined by
Section 3008, Subdivisions (a) and (b) of the California Public Resources
Code.
SECTION 28. Subsection 304(f)4 of Title 26 of the los Angles County Code
is amended to read:
4. For processing geological or engineering reports submitted pursuant to
Section 308 or 309:
Geology Report $180.00
Geotechnical Engineering_jSoilsl Report $180.00
Geotechnical lCombination Soils Engineering
and Geologyl Report $260.00
Methane Gas Hazard Report $500.00
SECTION 29, Section 309 of Title 26 of the Los Angeles County Code is
amended to read:
Section 309 Geotechnical Reports. The building
official may require a geological or engineering report, or both, where in
his opinion such reports are. -essential for the evaluation of .the safety of
the site. A geological report shall be prepared by a certified engineering
geologist licensed by the State of California. This report shall contain a
finding regarding the safety of the building site for the proposed struc-
ture against hazard from landslide, settlement or slippage and a finding
regarding the effect that the proposed building or grading construction
will have on the geologic stability of property outside of the building -
site. in
uildingsite.in accordance with Section 832 of the California Civil Code. M A
geotechnical engineering report shall be prepared by an a civil engineer
13
qualified to perform this work such as a geotechnical engineer SMOSM eAGed
When both a geological and a* Qeotechnical engineering
report are required for the evaluation of the safety of a building site,
the two reports shall be coordinated before submission to the county
engineer.
SECTION 30. Section 310 of Title 26 of the Los Angeles County Code is
amended to read:
Sec. 310. Earthquake Fault Maps - Special studies zones maps within Los
!gn eles Countj prepared by 4M Uate Geole94 % under Sections 2622 and 2623
of the California Resources Code which show traces of earthquake faults are
hereby declared to be -on the date of official issue a part of this code and
may be referred to elsewhere in this code. Special studies zones maps
revised by the State Geelo944 under the above sections of the California
Resources Code shall on the date of their official issue supersede pre-
viously issued maps which they replace.
Three sets of copies of each of the above maps shall at all times be
maintained and updated by the County Engineer ba*e been with a set depo-
sited infor use and examination by the public at the
Department of Public Works, Department of Regional Planning and the Clerk
of the Board of Supervisors of the County of los Angeles 6Ad shall be M
all times maintained by said c!eFk fOF use and examination by the publ4e.
SECTION 31. Subsection 311(b) of Title 26 of the Los Angeles County Code
is amended to read:
(b) Scope - The provisions of this section shall apply only to permits for
buildings or structures on individual lots or parcels and are not intended
to be supplementary to geologic investigations required to qualify divi-
sions of land as set forth in OFdMaRce No. 447 Title 21 of the Los
!9eles County Code. the Subdivision 0MInanee Code.
14
;SECTION 32. Subsection 311 (c) of Title 26 of the Los Angeles
'County Code is amended to read.
ccs Oofinition • for the purpose of this sections t 1441"lst shall be a'
registered IOWA, licensed by the 6464 lord of 1"Istratien for
4sol"ist and Un ysieisti to 6rectice $selow in CAlifornit.
SiCTICM A Subsection 311(d) eUTitle 20 of the dos Angeles County Code
i s 4 Mndee to reads
M KAM Active Earthquake faults • for the purpose of this sectim
known Active urth4u' ks faults are
those faults Which havL
had dizolicoment within Holocene tiff (last 11.000 LIM) 41 dsfinod in
the most current 41sul of Ostial Publication 4216f the California
Division of Anne$ and 6161OU,
SEM ON 11, The fifth 141111111 of Subsection 311(e) of title 16 of the
Los Aaloles County Code is amended, b4linniA1 with the third sentences to roads
The truth Mill be approxinsstely porpondieular to the most probable direc-
tion Of the fault treco, at least lit toot wyide# And at IM V0 be fire
foot in depth uasured from natural grade or to a defth satisfUqDL jL
the Coenty Eneineer,
The trench must be accessible for r400ino and, inspection by the County
Winter. when rsggested. and Most the reauirounts of Title a of the
C411fornis Code of RoUlations. C ns ruse ion Satet.Rrdeg*
need extend further thin the full width of the proposed structure plus five
feet beyond the traversed exterior Walls. A knovn.actiVo earthV8,116 fault
shall be presumed nonexistent if to exposure is not found by the County
En6inser or a loologist in the malls or floor of the trench«
i
r
['I
A
.SECTION 35. Subsection 311(f) of Title 26 of the Los Angeles
County Code is amended to read:
(fi NIPS of Active faults - The County tngineer sMi l nintaln np
available to the public showing the location of known Active arthquaks
faults. :A the absence of additional 1ntOrM tion, the location of known
active earthquake faults shall be as SM" on special Studios !ones Ups
000114411Y WNW by 04 lWo4loo4" is reolji red bLSe Rti on 110.
SECTION 31, The first paragraph of subsection 311(8) of Title 28 of the Los
Angeles County code is amended to Mdt
(g) Special Studies tones - Work within the special studies Z MS
establish under Sletions 1¢12 and 2623-01 the
California Public Resources Code, shall cantly with state codes Uwr poli-
cies, tritorla, rules or regulations Voll -
Cable to such work. Fees established by Chapter 7.6 of Division 2 of the
California Public Resources Code shall be collected and disbursed as
required by state lar.
SECTION 37. The previously enacted anN*wnt of USC Section 408 is
deleted.
SECTION 38. The previously enacted amirAwnt of USC Section 411'1$
deleted. - —
SICT:ON 39. The previously enacted an:enbnsnt of USC Section 422 is amended
to M41
Sec, 422, USC 1s the im IM edition of the Uniform Building Code as
published by the International Conference of Building Officials, U.I.C.
Standards is the Uniform 8uiiding Code Standards, Adie IM edition.
d
1i
1�
uniform Fire Code is the •Fire Code' as defined in this chapter.
SECTION 40. UBC Subsection 505(e) is amended by adding subdivision 505(e)6
to read:
6. Area separation walls shall not be considered to create separate
buildings for the purpose of automatic fire -sprinkler system requirements
as set forth in Chapter 38.
EXCEPTION - Buildings separated by continuous area separation walls of
four-hour fire -resistive construction without openings. Buildings required
to have automatic fire -sprinkler protection as set forth in Section 13113
of the Health and Safety Code are prohibited from using area separation
walls in lieu of automatic tire-spinkler protection.
SECTION 41. UBC Table No. 5-A is amended so that the first paragraph of
the description of occupancy for Group B division 2 reads as follows:
2 - Drinking and dining establishments having an occupant load of less than
50, wholesale and retail stores, office buildings, printing plants munici-
pal police and fire stations, factories and workshops using material not
highly flammable or combustible, storage and sales rooms for combustible
goods, paint stores that comply with section 708 without bulk handling.
SECTION 42, The third paragraph of UBC Section101 is amended to read:
Division 2 - Drinking and dining establishments having an occupant load of
less than 50, wholesale and retail stores, office buildings, printing
plants, municipal police and fire stations, factories and workshops using
material not highly flammable or combustible, storage and sales rooms for
combustible goods, paint stores that comply with section 708 without bulk
handling. (See Section 402 for definition of assembly building.)
SECTION 43. UBC Subdivision 702(b)2 is amended by deleting exception 2 and
renumbering existing exception 3 to become exception 2.
SECTION 44. Subsection 702(c), which was added to the UBC by a previously
enacted amendment is deleted.
17
SECTION 45. UBC Subsection 901(x) is amended by adding item 10 under
Division 3 to read:
10. Aerosol Containers
SECTION 46. UBC Subsection 901(d) is amended by deleting item 2 and
renumbering items 3-5 to to be items 2-4.
SECTION 41. The exception to UBC subsection 902(x) which was added by a
previously enacted amendment is deleted.
SECTION 48. The first sentence of UBC Section 903 is amended to read:
Sec. 903 Group H Occupancies shall be located on property in accordance
with Section 504, Table No. 9-C and this chapter.
SECTION 49. UBC Subsection 905(b) is amended such that the first three
paragraphs reads as follows:
(b) Ventilation in Rooms Containing Hazardous Material - Rooms in which
explosive, corrosive, combustible, flammable, toxic or highly toxic dusts,
mists, fumes, vapors or gases are or may be emitted due to the processing,
use, handling or storage of materials shall be mechanically ventilated as
required by the Fire Code and the Mechanical Code.
Emissions generated at work stations shall be confined to the area in
which they are generated as specified in the Fire and Mechanical Codes.
The location of supply and exhaust openings shall be in accordance with
the Mechanical Code. Exhaust air contaminated by toxic or highly toxic
material shall be treated in accordance with the Fire Code.
SECTION 50. UBC Table No. 9-A is amended by adding item 0.1 to read as
follows:
Condition
Material Class
Storage
Solid Liquid Gas
lbs Gallons cu -ft
(cu -ft) cu -ft
0.1 Aerosol Containers, ---- (500)----
18
11
. Table No. 9-A cont.
Use -Closed Use -Open
System System
Materials Solid Liquid Gas Solid Liquid Gas
lbs Gallons cu -ft lbs Gallons cu -ft
(cu -ft) (lbs) (cu -ft) (lbs)
0.1 Aerosol Containers, ------- (500) ----- ----- ----- -----
SECTION 51. Section 1010, which was added to the UBC by a previously
enacted amendment is renumbered to be Section 1011.
SECTION 52. The previously enacted amendment to UBC Section 1202 is
deleted.
SECTION 53. UBC Section 1204 is amended by adding the following imme-
diately after the first sentence. (See also Section 33141
SECTION 54. The first paragraph of UBC Section 1211 is amended to read:
Section 1211 - A manual and automatic approved fire alarm system shall be
installed in apartment houses that are three or more stories in height or
contain more than 15 dwelling units and in hotels three or more stories in
height or containing 20 or more guest rooms, in accordance with the Fire
Code and Part 3 of Title 24 of the California Code of Regulations.
SECTION 55. Section 1213, which was added to the UBC by a previously
enacted amendment, is renumbered, and is amended to read:
Section 4-13 1214 - Access and adaptability requirements for physically
handicapped persons shall be provided in accordance with the requirements
in Title 24, Part 2, of the California AdFol i5tFativo Code of Regulations.
SECTION 56: Chapter 12 of UBC is amended by renumbering Sections 1214,
1215 and 1216 which were added to the UBC by previously enacted amendments to
Sections 1215, 1216 and 1217 respectively.
SECTION 57. The first paragraph of Subsection 1603(b) of Title 26 of the
Los Angeles County Code is amended to read:
19
(b) Roof Covering - Roof covering shalt be OF4pe R961F ' Class A or
Class B roofing as specified in
11 of 6eeMea a2ga(e+ Subsections 3204(x) and 3204(b). Tile roofs shall
be fire stopped at the save ends to preclude entry of flame or ambers under
the tile.
SECTION 58. Subsection 1604(b) of Title 26 of the Los Angeles County Code
is amended to read:
(b) Roof covering for Type V buildings housing R-3 or M Occupancies shall
be any Class C built-up roofing assembly, or Class C prepared roofing, or a
mineral -aggregate surfaced built-up roof complying with Subdivision 3 1 of
Section 3293(f) 3204(d). Roof coverings for buildings housing R-1
Occupancies may be Class C. Roof coverings for other occupancies shall
comply with Section 1704.
SECTION 59. The previously enacted amendment to UBC Section 1704 is
amended by deleting the exceptions, and to read 1n its entirety:
Roofs - Sec. 1704. Roof covering shall be f4e FetapdaRt Class A or
Class B as classified in Subsections 3204(a) and 3204(b), except in Type
Fire Zone 3, where it may be
as specified in Table No. 32-A.
Skylights shall be constructed as required in Chapter 34. Penthouses
shall be constructed as required in Chapter 36. For use of plastics in
roofs see Chapter 52.
For Attics: Access, Draft Stops and Ventilation, see Section 3205.
For Roof Drainage, see Section 3207.
For Fire Zone 4 and Buffer Fire Zone requirements, see Chapter 16.
SECTION 60. The previously enacted amendment to UBC Subsection 1715(b) is
deleted.
20
SECTION 61. Subsection 1715(1), added to the UBC by a previously enacted
amendment, is deleted.
SECTION 62. The previously enacted amendment of UBC Section 1807 is
amended srch that said section reads in its entirety as follows:
Sec. 1807. High -Rise Buildings - High-rise buildings shall conform to
Section 2-1807 of Part 2 of Title 24 of the California Adm4F14stF* .1.we Code
-
o_f Regulations. High-rise buildings shall be those set forth in Subsection
(a) 'Scope' of said Section 2-1807. The FedKt406 04 GOWFU0490
Nothing in this chapter
shall be deemed to modify the responsibility of the State Fire Marshal in
the enforcement of this section. A Los Angeles County Fire Department
approved helistop shall be installed on the roof of a building when
required by the Fire Code.
For the convenience of users of this publication, said section 1807 is
reprinted immmediately following as it appeared on the date of printing
Sec. 1807. (a) Scope
1. In addition to other applicable requirements of these regulations, the
provisions of this section shall apply to every new building of any type of
construction or occupancy having floors used for human occupancy located
more than 75 feet above the lowest floor level having building access.
EXCEPTIONS: 1. Hospitals as defined in Section 1250 of the Health and
Safe Code.
2. The following structures, while classified as high-rise buildings,
shall not be subject to the provisions of this section, but shall conform
to all other applicable provisions of these regulations.
a. Buildings used exclusively as open parkin garages.
b. Buildings where all floors above the 75 -foot level are used exlusi-
yljl as open parking garages.
21
c. Floors of buildings used exclusively as open parking garages and
located above all other floors used for human occupancy.
d. Buildings such as power plants, lookout towers. steeples,rg ain
houses and similar structures with noncontinuous human occupancy,
when so determined by the enforcing agency.
e. Buildings used exclusively for ails and prisons.
2. For the purpose of this subsection, •building access' shall mean an
exterior door opening -conforming to all of the followin :
a. Suitable and available for fire department use.
b. Located not more than 2 feet above the adlacent ground level.
c. Leading to a space, room or area having foot traffic communication capa-
bilities with the remainder of the building.
d. Designed to permit penetration through the use of fire department
forcible -entry tools and equipment unless other approved arrangements
have been made with the fire authority having_jurisdiction.
3. As used herein, •new building" shall mean a high-rise structure, the
construction of which is commenced on or after July 1, 1974. For the pur-
pose of this section, construction shall be. deemed to have conmenced when
plans and specifications are more than 50 percent complete and have been
presented to the local jurisdiction prior to July 1, 1974. Unless all pro-
visions of this section have been met, the construction of such buildings
shall commence on or before Janauary 1, 1976.
NONE: It is the intent of this subsection that, in determining the
level from which the highest occupied floor is to be measured, the
enforcinc_ga encs should exercise reasonableud ment, including con-
sideration of overall accessibility to the building by fire department
personnel and vehicular equipment. When a building is situated on
sl_ opin9 terrain and there is building access. on more than one level,
22
the enforcing agency may select the level which provides the most loOi-
cal and adequate fire department access.
(b) Certificate of Occupancy - All mechanical and electrical equipment and
other required life safety s shall be approved and installed in
accordance with approved plans and specifications Pursuant to this section
and shall be tested and proved to be in Proper working condition -to the
satisfaction of the building official before issuance of the Certificate of
Occupancy. Such system shall be maintained in accordance with Title 19L
California Code of Regulations. and the Fire Code, 1988 edition.
(c) Automatic Sprinkler System - I.I. Every high-rise building shall be
protected by an automatic fire -extinguishing system installed in confor-
mance to NFPA 13-1987 edition and the provisions of this subsection.
EXCEPTION: Automatic sprinklers may be omitted in rooms or areas in
accordance with Sections 3801(d) and 3804.
A.I. Sprinkler control valves, shutoff valves and a water -flow detecting
device shall be provided at the lateral connection to the riser for each
floor. Such valves and devices shall be electrically supervised to automa-
tically sound an appropriate signal transmitted to locations in accordance
with Section 1809(e).
B. In Seismic Zones No. 2, No. 3 and No. 4, in addition to the main water
supply, a secondary on-site suppler of water equal to the hydraulically
calculated sprinkler design demand plus 100 gallons Per.minute additional
for the total standpipe system shall be provided. This supply shall be
automatically available if the principal supply fails and shall have a
duration of 30 minutes.
2. Modifications - The following modifications of code requirements are
permitted.
A. The fire -resistive time periods set forth in Table No. 17-A may be
23
reduced by one hour for interior bearing walls, exterior bearing and non-
beariag walls. roofs and the beams supporting roofs. provided they do not.
frame into columns. Vertical shafts other than stairway enclosures and
elevator shafts may be reduced to one hour when sprinklers are installed
within the shafts at alternate floors. The fire -resistive time period
reduction as specified herein shall not apply to exterior bearing and non-
bearias walls whose fire -resistive rating has already been reduced under
the exceptions contained within Section 1803(x) or 1903(x).
B. Except for corridors in Group B. Division 2 and Group R, Division 1
Occupancies and partitions separating dwelling units or guest rooms, all
interior nonbearing partitions required to be one-hour fire -resistive
construction by Tabie No. 17-A may be of noncombustibe construction without
a fire -resistive time period.
C. Fixed tempered glass may be used in lieu of openabie panels for smoke -
control purposes.
D. Travel distance from the most remote point in the floor area to a hori-
zontal exit or to an enclosed stairway may be 300 feet.
E. Fire dampers, other than those needed to protect floor -ceiling
assemblies to maintain the fire resistance of the assembly, are not
required.
F. Emergency windows required by Section 1204 are not required.
(d) Smoke Detection Systems - At least one approved automatic smoke detec-
tor suitable for the intended use shall be installed:
1. In every mechanical equipment, electrical, transformer, telephone
equipment, elevator machine or similar room.
2. In the main return and exhaust air plenum of each air-conditioning
Dstem and located in a serviceable area downstream of the last duct inlet.
24
3. At each connection to a vertical duct or riser serving two or more
stories from a return -air duct or plenum of an air-conditioning system. In
Group R, Division 1 Occupancies. an approved smoke detector may be used in
each return -air riser carrrLing not more than 5000 cfm and serving not more
than 10 air inlet opening
The actuation of any detector required by this section shall operate
the voice alarm system and shall place into operation all equipment
necessary to prevent the recirculation of smoke.
(e) Alarm and Communication Systems - Every nigh -rise building shall be
provided with a state fire marshall approved and listed fire alarm system.
The alarm and communication systems shall be designed and installed so that
damage to any terminal unit or speaker will not render more than one zone
of the system inoperative.
The voice alarm and public address system may be a combined system.
When approved the fire department communications system may be combined
with the voice alarm system and the public address system.
Three communication systems which may be combined as set forth above
shall be provided as follows: -
1. Voice alarm system - The operation of any smoke detector, sprinkler,
water flow device or manual fire alarm station shall automatically sound an
alert signal to the desired areas followed by voice instructionsivg ing
appropriate information and direction to the occupants.
Upon activation of the automatic sprinkler system, any automatic fire -
detection device required by this section or any special hazard fire -
protection or extinguishing system, an automatic voice alarm signal shall
sound on the floor where activated and an audible and visual signal shall
be transmitted to the central control station. The content of the voice,
alarm in each instance shall be determined by the fire authority having_
25
jurisdiction in cooperation with the building owner or manager.
The central control station shall contain controls for the voice alarm
Usten so that a selective or general voice alarm may be manually ini-
tiated.
The system shall be supervised to cause the activation of an audible
trouble signal in the central control station upon interruption or failure
of tk audiopath including amplifiers, speaker wiring, switches and
electrical contacts and shall detect opens, shorts and grounds which might
impair the function of the system.
The alarm shall be designed to be heard clearly by all occupants within
the building or designated portions thereof as is required for the public
address system.
EXCEPTION: In lieu of a voice alarm signal and when approved by the
enforcing ajency having jurisdiction, the local alarm system may
employ any sounding device or devices which are approved and listed by
the state fire marshall. The sounding devices of such alternate
system shall have a distinctive tone and shall be arranged to emit
intermittent, prolonged or continuous sound signals for a full period
of 10 seconds, to be immediately followed by an intermission or
periods of silence of 5 seconds, before the signal is repeated. Such
signal shall continue to sound until manually terminated at the
central control station but in no case shall such manual operation be
arran ed to cause termination in less than 3 minutes.
2. Public address system - Speakers or si nalin devices used to sound the
voice or fire alarm shall be so located as to be clearly heard on the floor
where activated, except as may be otherwise found necessary or acceptable
by the enforcing agency.
A public address communication system designed to be clearly heard by
26
all occupants of the building shall operate from.the central control sta-
tion. It shall be established on a selective or general basis to the
following terminal areas:
A. Elevators.
0. Elevator lobbies.
C. Corridors.
D. Exit stairway.
E. Rooms and tenant spaces exceeding 1000 square feet in area.
F. Dwelling units in apartment houses.
G. Hotel guest rooms or suites.
3. Fire department communication system - A two-way fire department com-
munication system shall be provided. for fire department use. It shall
operate between the central control station and every elevator, elevator
lobby and entry to every enclosed exit stairway.
4. Alarm transmission - Unless the central control station is constantly
manned by competent and experienced operating personnel conforming to
Section 1-3, NFPA 72D-1986, Proprietary Protective Si nag ling Systems, voice
or fire alarm and trouble signals shall be automatically retransmitted,to
one of the following,_
a. An approved central station conforming to NFPA 71-1982, Central
Station Si nalin System.
b. A supervisory station or an approved remote station conforming to
NFPA 72C-1986, Remote Station Protective Signaling Systems.
c. When approved by the enforcing agency havingjurisdiction, such
signals may be retransmitted directly to the fire department in
accordance with the California Electrical Code.
5. Annunication - Alarm, waterflow and trouble signals shall be
annunciated in the central control station by means of an audible signal
and a visual display, which indicates the building, floor, zone or other
27
designated area from which the alarm, wat!.rflow or trouble signal orifi
nated. For purposes of annunciation. zoning shall be in accordance with
the following, unless otherwise deemed necessary the enforcing agency:
a. When the system serves more than one building. each building shall
be considered as a separate zone.
b. Each floor shall be considered as a separate zone,
c. Each section of floor separated by area separation walls or by
horizontal exits shall be considered as a separate zone.
6. Special provisions - A. When a building conforms to the provisions of
this section. the manually operated fire alarm system otherwise specified
by Section 1216 for Group R. Division 1 Occupancies shall not be required.
B. The fire -detection devices specified in Section 1210(x) need not be
interconnected to the fire alarm system required by this section.
(f} Central Control Station - A central control station for fire depart-
ment operations shall be provided in a location approved by the fire
department. It shall contain:
1. The voice alarm and public address system panels.
2. The fire department communications panel.
3. Fire detection and fire alarm system annunciator panels.
4. Annunciator visually indicating the location of the elevators and
whether they are operational.
S. Status indicators and controls for air-handling_systems.
6. Controls for unlocking all stairway doors simultaneously.
7. Sprinkler valve and water -flow detector display panels.
8. Standby power controls and status indicators.
9. A telephone for fire department use with controlled access to the
public telephone system.
28
10. Elevator control switches for switching of emergency power.
11. fire pump status indicators.
12. Other fire -protection equipment and systems controls as required by
the enforcin a enchavini,,.,�urisdiction.
Central control stations shall not be used for the housing of any boiler,
heatin unit, generator, combustible storage, or similar hazardous equip-
ment or storage.
,0) Smoke Control - Natural or mechanical ventilation for the removal of
products of combustion shall be provided in every story and shall consist
on one of the followinE.
1. Easily identifiable windows or panels which are manually openable or
approved fixed tempered glass shall be provided in the exterior -wails.
They shall be distributed around the perimeter of the building at not more
than 50 -foot intervals at the rate of 20 square feet per 50 lineal feet.
EXCEPTION: In Group R. Division i Occupancies each guest room or
suite having an exterior wall may be provided with a minimum of 2
square feet of venting area.
2. When a complete and approved automatic sprinkler system is installed,
the mechanical air -handling equitoeht may be designed to accomplish smoke
removal. Under fire conditions, the return and exhaust air shall be moved,
directly to the outside without recirculation to other sections of the,
building. The airhandlinq slrstem shall provide a minimum of one exhaust
air change each 10 minutes for the area involved.
3. My other approved design which will produce equivalent results..
(h) Elevators - Elevators and elevator lobbies shall comply with the pro-
visions of Chapter 51 and the followin
29
NOTE: A bank of elevators is a group of elevators or a single ele-
vator controlled by a common operating system; that is, all those
elevators which respond to a single call button constitute a bank of
elevators. There is no limit on the number of cars which may be in a
bank or group but there may be not more than four cars within a common
hot stwa,y.
I. Elevators on all floors shall open into elevator lobbies which are
separated from the remainder of the building, including corridors and other
exits, by walls extending from the floor to the underside of the fire -
resistive floor or roof above. Such walls shall be of not less than one-
hour fire -resistive construction. Openings through such walls shall
conform to Section 3305(h).
EXCEPTIONS: 1. The main entrance level elevator lobby in office
buildin s.
2. Elevator lobbies located within an atrium complying with the provi-
sions of Section 1715.
3. In fully-sprinklered office buildings, corridors may lead through
enclosed elevator lobbies it all areas of the building have access to at
least one required exit without passing through the elevator lobby_.
2. Each elevator lobby shall be provided with an approved smoke detector
located on the lobby ceiling, When the detector is activated, elevator
doors shall not open and all cars serving that lobby are to return to the
main floor and be under manual control only. If the main floor detector or
a transfer floor detector is activated, all cars serving the main floor or
transfer floor shall return to a location approved by the fire department
and building official and be under manual control only. The smoke detector
30
i
1
1
is to operate before the optical density reaches 0.03 per foot. The detec-
tor may serve to close the lobby doors.
3. Elevator hoistways shall not be vented through an elevator machine
room. Cable slots entering the machine room shall be sleeved beneath the
machine room floor and extend to not less than 12 inches below the shaft
vent to inhibit the passage of smoke into the machine room.
4. Special requirements - Except as otherwise controlled by the California
Mechanical Code. and Title 8, CCR. Subchapter 6. elevators shall conform to
Chapter 51.
(i) Standby Power. light and Emergency Systems - 1. Standby power.
Standby power generating -system conforming to U.B.C. Standard No. 18-1
shall be provided. The system shall be equipped with suitable means for
automatically startingthe he generator set upon failure of the normal
electrical supply systems and for automatic transfer of all functions
required by this section at full power within 60 seconds of such normal
service failure. Systems supervisions with manual start and transfer
features shall be provided at the central control station.
An on -premises fuel supply sufficient for not less than two hours (for
SFM) six hours at full demand operation of the system shall be provided.
Where fire pumps are required, an eight-hour fuel supply shall be provided.
The standby jstem shall have a capacity and rating that would supply
all equipment required to be operational at the same time. The generatinq_
capacity need not be sized to operate all the connected electrical equip-
ment simuitaneously_
All power, lighting, signal and communication facilities specified in
(d), (e), (f), (g), (h), 0 and Q) as applicable; fire pumps required to
maintain pressure, stair pressurization fans, standby 11 h9 ting and normal
31
circuits suppllLng exit signs and exit illumination shall be transferable
to the standby source.
The installation of any combustion engine and gas turbines associated
with such power -generating systems shall be in accordance with the
California Electrical Code.
2. Standby lighting - Standby li hg ting shall be provided as follows:
a. Separate li hg ting circuits and fixtures sufficient to provide light
with an intensitv of not less than one footcandle measured at floor
level in all exit corridors, stairways. smokeproof enclosures, ele-
vator cars and lobbies and other areas which are clearly a part of
the escape route.
b. All circuits supply li hg ting for the central control station and
mechanical equipment room.
3. Emergency systems - The following are classified as emergency systems
and shall operate within 10 seconds of failure of the normal power supply:
a. Exit sign and exit illumination is required by Sections 3313 and
3314.
b. Elevator car' T'1 htin .
c. Fire alarm system.
d. Fire -detection system.
e. Sprinkler alarm system.
Installation of emerged electrical systems shall be in accordance
with the provisions of the California Electrical Code.
When the standby power -operation system reaches full operating capa-
city, the emer enc electrical systems and equipment shall be transferred
thereto.
�N
U) Exits - Exits shall comply with other requirements of this code and
the followinc,.
I. All stairway doors which are locked from the stairway side shall have
the capability of being unlocked simultaneously without unlatching upon a
sinal from the central control station. Upon failure of electrical power,
the locking mechanisms shall be retracted to the unlocked position.
2. When stairway doors are locked from the stairway side, a telephone or
other two-way communications system connected to an approved emergency ser-
vice which operates continuously shall be provided at not less than every
fifth floor in each required stairway where other provisions of this code
permit the doors to_be locked.
(k) Seismic Considerations - In Seismic Zones No. 2, No. 3 and No. 4, the
anchorage of mechanical and electrical equipment required for life safety
ystems, including fire pumps and elevator drive and suspension systems,
shall be designed in accordance with the requirements of Section 2312.
SECTION 63. The previously enacted exception to UBC Subdivision 2312(j)36
is relocated to be exception 2 to UBC Subsection 2908(b). All other previously
enacted amendments to UBC Section 2312 are deleted.
SECTION 64. UBC Subdivision 2312(d)1 is amended by adding an exception to
read:
EXCEPTION: For structures in Occupancy Cater I, a geotechnical and
seismological report shall be submitted to the building official for each
site for determination of potential earthquake hazard. At the discretion
of the building official, portions of this requirement may be waived.
SECTION 65. All previously enacted amendments to UBC Section 2411 are
deleted.
33
from movement of the soil. Slab -on -grade and mat -type footings buildings
located on expansive soils may be designed in accordance with the provi-
sions of UBC Standard No. 29-4 or such other engineering design based upon
geotechnical recommendation as approved by the building official. Wma
For residential -type buildings, where such an approved method of construc-
tion is not provided, foundations and floor slabs shall comply with the
following requirements.
SECTION 72. UBC Section 2909 is amended by adding subsections 2909(h) and
2909(1) to read:
(h) Inspection of Piles - The installation of piles shall be continuously
observed by the geotechnical engineer or his qualified representative
responsible for that portion of the project. The geotechnical engineer or
said qualified representative shall make a report of the pile driving
operation givin such pertinent data as:
1. The physical characteristics of the pile driving equipment.
2. Identify marks for each pile.
3. The design formula used, and the permanent penetration under the
last ten blows, when the allowable pile loads are determined by a_
gynamic load formula.
A copy of the report shall be submitted to the building official.
,(i) Inspection of Caissons - The provisions of Sec. 2909(b) shall apply to
cast -in-place belled caissons. The belled base of each pier shall be
inspected by the geotechnical engineer or his qualified representative to
verify foundation soil classification. The slope sides of the belled
bases shall be limited to a slope of 2 vertically to 1 horizontally unless
36
reinforced as for a concrete spread footing
SECTION 73. All previously enacted amendments to UBC chapter 32 are
deleted.
SECTION 74. The first paragraph of UBC Section 3203 is amended to read:
Root Covering Requirements - Sec. 3203. The roof covering'on any structure
regrlated by this code shall be as specified in Table Now Section 1704
and as classified in section 3204.
SECTION 75. The previously enacted amendment to UBC subsection 3301(e) is
amended srch that said subsection reads in its entirety as follows:
(e) Building Accessibility - Portions of buildings shall be accessible as
required in the regulations in Title 24, Part 2 of the California
AdmiaiStFa Code of Regulations and all primary entrances to a building
whack are required to be accessible shall be usable by the physically han-
dicapped and be on a level that would provide accessibility to the eleva-
tors, where provided.
SECTION 76. The third paragraph of UBC subsection 3307(d) is deleted.
SECTION 77. The previously enacted amendment to UBC subsection 3310(b) is
deleted.
SECTION 78. UBC Subsection 3314(x) is amended to read as follows:
(a) Where Required - When two or more exits are required from a room, area
or floor level, texit signs shall be installed at required exit doorways
and There otherwise necessary to clearly indicate the direction of egress
when the exit serves an occupant load of 50 or more.
EXCEPTIONS: 1. Nain exterior exit doors which obviously and clearly
are identifiable as exits need not be signed when approved by the building
official.
2. Group R. Division 3, and individual units of Group R, Division 1
Occupancies.
37
3. Exits from rooms or areas with an occupant load of less than 50 when
located within a Group I. Division 1 or 2 Occupancy or a Group E.
SECTION 79. UBC Section 3314 is amended by adding subsection (e) to read:
(e) low-level Exit Signs - Where exit signs are re4uired by Section
3314(a), approved low-level exits signs which are internally or externally
illuminated. or self -luminous, shall be provided in Group R. Division 1
Occupancies.
SECTION 80. Section 3500, which was previously added to the UBC is amended
to read:
Section 3500 - Group R Occupancies except detached single-family dwellings
shall conform to the applicable regulations concerning noise insulation stan-
dards set forth in the California A&44r-a Code of Regulations, Title 24,
Part 2, Appendix Chapter 2-35. Sound transmission control between dwelling
units within a building and residential buildings excluding detached single
family dwellings established in the Noise Element of the General Plan of the
County of los Angeles shall be regulated by this chapter. For the convenience
of the users of this publication, these standards as they appeared on the date
of printing of this chapter are reprinted immediately following..
SOUND TRANSMISSION CONTROL
Sec. 3501.(a) General - Purpose and scope. The purpose of this section is
to establish uniform minimum noise insulation performance standards to
protect persons with new hotels, motels, dormitories, long-term care
facilities, apartment houses and dwellings other than detached
single-family dwellings from the effects of excessive noise, including, but
not limited to, hearing loss or impairment and interference with speech and
sleep.
These requlations shall apply to all applications for buildings permits
38
made subsequent to August 22, 1974.
2. Definitions - The following special definitions shall apply to this
section:
SilW TRANSMISSION CLASS (STC) is, a single number rating used to compare
walls, floor -ceiling assemblies and doors for their sound -insulation
properties with respect to speech and small household appliance noise. The
STC is derived from laboratory measurements of sound transmission loss
across a series of 16 test bands.
Laboratory STC ratings should be used to the greatest extent possible in
determining that the design complies with this section.
FIELD SOUND TRANSMISSION CLASS (FSTC) is a single number rating similar.
to STC, except that the transmission loss values used to derive the FSTC
are Measured in the field. All sound transmitted from the source room to
the receiving room is assumed to be through the separating wall or
floor -ceiling assembly.
This section does not require determination of the FSTC. and field measured
values of noise reduction should not be reported as transmission loss.
IIPACT INSULATION CLASS (IIC) is a single number rating used to compare
the effectiveness of floor -ceiling assemblies in providing reduction of
impact generated sounds such as footsteps. The IIC is derived from
laboratory measurements of impact sound pressure level across a series of
16 test bands using a standarized tapping machine. Laboratory IIC ratings
should be used to the greatest extent possible in determining that the
design complies with this section.
FIELD IMPACT INSULATION CLASS (FITC) is a single number rating similar
to the IIC, except that the impact sound pressure levels are measured in
the field.
NOISE ISOLATION CLASS (NIC) is a single number rating derived from
39
measured values of noise reduction between two enclosed spaces that are
connected by one or more paths. The NIC is not adjusted or normalized to a
standard reverberation time.
MRKALIZED NOISE ISOLATION CLASS (NNIC) is a single number rating
simikr to the NIC, except that the measured noise reduction values are
normalized to a reverberation time of 1/2 second.
NWKIZED A -WEIGHTED SOUND LEVEL DIFFERENCE (Dn) means, for a specified
source room sound spectrum, Dn is the difference, in decibels, between the
aver a sound levels produced in two rooms after adjustment to the expected
acoustical conditions when the receiving room under test is normally
furnished.
DAY -NIGHT AVERAGE SOUND LEVEL (Ldn) is the A -weighted equivalent
continuous sound exposure level for a 24-hour period with a 10db adjustment
added to sound levels occurring during_ nightime hours (10 p.m. to 7 a.m.).
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL) is a metric similar to the Ldn+
except that a 5db adJustment is added to the equivalent continuous sound
exposure level for evening hours (7 p.m. to 10 p.m.) to addition to the
1Odb sightime adjustment used in the Ldn-
3. Relevant standards - The current edition of the following standards
ar�nerally applicable for determining compliance with this section.
Copies may be obtained from the American Society for Testing and
Materials (ASTM) at 1916 Race Street, Philadelphia, Pennsylvania 19103.
ASTM C 634 Standard Definitions of Terms Relating to Environmental
Acoustics.
ASTM E 90 Standard Method for Laboratory Measurement of Airborne Sound
Transmission Loss of Building Partitions.
ASTM E 336 Standard Test Methods for Measurement of Airborne Sound
Insulation in Buildings.
40
!1
LJ
ASTM 1 413 Standard Classification for Determination of Sound Transmission
Class.
ASTM E 492 Standard Method of Laboratory Measurement of Impact Sound
Trassmission Through Floor -Ceiling Assemblies Using the Tapping Machine.
ASTM 1497 Standard Recommended Practice for Installation of Fixed
Partitions of Light Frame Type for the Purpose of Conserving Their Sound
Inselation Efficiency. ,
ASTM E 597 Recommended Practice for Determining A Single -Number Rating of
Airborne Sound Isolation in Multi -unit Building Specifications.
ASTM E 966 Standard Guide for Field Measurement of Airborne Sound
Insulation of Building Facades and Facade Elements.
ASTM 989 Standard Classification for Determination of Impact Insulation
Class (I10.
ASTM E 1007 Standard Test Method for Field Measurement of Tapping Machine
Impact Sound Transmission Through Floor -Ceiling Assemblies and Associated
Support Structures.
ASTM F 1014 Standard Guide for Measurement of Outdoor A -weighted Sound
Level s.
4. Complaints - where a complaint as to noncompliance with this article
requires a field test, the complainant shall post a bond or adequate funds
in escrow for the cost of said testing. Such costs shall be chargeable to
the complainant if the field tests show compliance with these regulations.
If the tests show noncompliance, then testing costs shall be borne by the
owner or builder.
5. Local modification - the governing body of any city or county may,
ordinance, adopt changes or modifications to the requirements of this
section as set forth in Section 17922.7 of the Health and Safety Code.
(a.1) Interdwelling Sound Transmission Control 1. wail and,
41
floor -ceiling assemblies - Mail and floor -ceiling assemblies separating
dweiling units or guest rooms from each other and from public or service
area such as interior corridors, garages and mechanical spaces shall
provide airborne sound insulation for walls, and both airborne and impact
sound insulation for floor -ceiling assemblies.
EXCEPTION: Impact sound insulation is not required for floor -ceiling
assemblies over nonhabitable rooms or spaces not designed to be
occupied, such as garages. mechanical rooms or storage areas.
lb -1) Airborne Sound Insulation - All such acoustically rated
separating mail and floor -ceiling assemblies shall provide airborne sound
insolation equal to that required to meet a Sound Transmission Class (STC),
rat of 50 based on laboratory tests as'defined in ASTM Standards E 90
and t 413. Field-tested assemblies shall meet a Noise Isolation Class
(NIQ rating of 45 for occupied units and a Normalized Noise Isolation
Class (NNIC) rating of 45 for unoccupied units as defined in ASTM Standards
E 336 and E413.
ASTM Standard E 597 may be used as a simplified procedure for field
tests of the airborne sound isolation between .rooms in unoccupied
buildings. In such tests, the minimum value of On is 45db for compliance.
Entrance doors from interior corridors together with their perimeter
seals shall have Sound Transmission Class (STC) rating not less than 26.
Such tested doors shall operate normally with commercially available seals.
Solit-core wood slab doors 1-3/8 inches thick minimum or 18- auce insu-
lated steel slab doors with compression seals all around, including the
threshold. may be considered adequate without other substantiating infor-
mation.
Field tests of corridor walls should not include segments with doors.
If north tests are impratical, however, the NIC or NNIC rating for the
42
coinosite Walt -door assembly shall not be less than 30.
Penetrations or openings to construction assemblies for piping;
elstrical devices, recessed cabinets. bathtubs. soffits. or heatlnL
veatilating or exhaust ducts shall be sealed., lined., insulated or otherwise
treated to maintain the required ratin sem.
(c.1) Impact Sound Insulation - All acoustically rated separating
flur-ceiling assemblies shall provide impact sound insulation equal to
that required to meet an Impact Insulation Class (IIC) rating of 50 based
oniaboratory tests as defined 1n ASTM Standards E 492 and E 989.
Field-tested assemblies shall meet a Field Impact Insulation Class (FIIC)
rating of 45 for both occupied and unoccupied units as defined 1n ASTM
Standards E 1007 and E 989, with the exception that the measured impact
sand pressure levels shall not be normalized to a standard amount of
43
absorption in the receiving room,
Floor coverings may be included in the assembly to obtain the required
ratings. These coverings must be retained as a permanent part of the
assembly and may be replaced only by other floor coverings that provide the
regired impact sound insulation. =.
(d.i) Tested Assemblies - 1. Laboratory -tested wall or floor -ceiling
designs having STC or IIC ratings of 50 or more may be used by the building
official to determine compliance with this section during the plan review
Phase. Field tests shall be required by the building official when
evidence of sound leaks or flanking paths is noted, or when the separating
assumbly 1s not built according to the approved design.
L Generic sound transmission control systems as listed in the Catalog
of STC and IIC Ratings for Wall and Floor -Ceiling Assemblies, as published
by the Office of Noise Control, California Department of Health Services,,
or the Fire Resistance Design Manual, as published by the Gypsum
43
Association, nay be used to evaluate construction assemblies for their
sound transmission properties. Other tests from recognized laboratories
My also be used. When ratings for essentially similar assemblies differ;
and Then ratings are below STC or IIC 50. field testing may be used to
demonstrate that the building complies with this section.
L For field testing. rooms should ideally be large and reverberant for
reliable measurements to be made in all test bands. This is often not
possible for bathrooms, kitchens., hallways or rooms with large amounts of
sound -absorptive materials. Field tests results should, however, report
the eeasured values in all bands, noting those which do not meet relevant
ASTN criteria for diffusion.
4. It should be noted that STC ratings do not adequately characterize
the sound insulation of construction assemblies when the intruding noise is
prediminantly low pitched, as is often produced by amplified music or by
large pieces of mechanical equipment.
It should also be noted that the transmission of impact sound from a
standardized tapping machine may vary considerably for a given design due
to differences in specimen size, flanking transmission through associated
structure and the acoustical response of the room below. Laboratory IIC
values should therefore be used with caution when estimating the
performance of hard -surfaced floors in the field. Additionally, IIC
ratings may not always be adequate to characterize the subjectively
annoyin creak or boom generated by footfalls on a limber floor.
(e.i) Certification - Field testing, when required, shall be done under
the supervision of a person experienced in the field of acoustical testing
and ineering and who shall forward test results to the building official
showing that the sound isolation requirements stated above have been met.
Documentation of field test results should generally follow the
44
requirements outlined in relevant ASTM standards.
(fl Airborne Sound Insulation Field Tests - When required. airborne
sound insulation shall be determined according to the applicable Field
Airborne Sound Transmission loss Test procedures of U.B.C. Standard No.
35-3. All sound transmitted from the source rnnm to the receiving room
shall be considered to be transmitted through the test partition.
.W Impact Sound Insulation Field Test - When required. impact sound
insulation shall be determined in accordance with U.B.C. Standard No. 35-2.
(b) Exterior Sound Transmission Control - 1. Application consistent
with local land -use standards, residential structures located in noise
critical areas, such as proximity to highways, county roads, city streets,
railroads. rapid transit lines, airports or industrial areas shall be
designed to prevent the intrusion of exterior noises beyond prescribed
levels. Proper design shall include, but shall not' be limited to,
orientation of the residential structure, setbacks. shielding and sound
insulation of the building itself.
2. Allowable interior noise levels - Interior noise levels attributable
to exterior sources shall not exceed 45db in any habfitable room. The°noise
metric shall be either the Day -night Average Sound Level (Ldn) or the
Community Noise Equivalent level (CNEL), consistent with the noise element
of the local general plan.
NOTE: Ldn is the preferred metric for implementing these standards.
Worst-case noise levels. either existing or future, shalt be used as the
basis for determining compliance with this section. Future noise levels
shall be predicted for a period of at least ten gears from the time of
building permit application.
3. Airport noise sources - Residential structures to be located where
45
the amual Ldn or CNEL (as defined in Title 21, Subchapter 6, CCR) exceeds
60db shall require an acoustical analysis showing that the proposed design—
will achieve prescribed allowable interior level. For public -use airports
or heliports, the Ldn or CNEL shall be determined from the airport land -use
plan prepared by the counter wherein the airport is located. For military►
bases, the Ldn shall be determined from the facility Air Installation
Compatible Use Zone (AICUZ) plan. For ail other airports or heliports, or
public -use airports or heliports for which a land -use Plan has not been
developed, the Ldn or CNEL shall be determined from the noise element of
t"neral plan of the local jurisdiction.
When aircraft noise is not the only significant source, noise levels
from all sources shall be added, to determine the composite site noise
1 evel.
4. Other noise sources - Residential structures to be located where the
Ldn or CNEL exceeds 60db shall require an acoustical analysis showing that
the proposed design will limit exterior noise to the prescribed allowable
interior level. The noise element of the local general plan shall be used
to the greatest extent possible to identify sites with noise levels
potentially greater than 60db.
I.S. Compliance - Evidence of compliance shall consist of submittal of
an acoustical analysis report, prepared under the supervision of a person
experienced in the field of acoustical engineering, with the application
for a building permit. The report shall show topographical relationships
of noise sources and dwelling sites, identification of noise sources and
their characteristics, predicted noise spectra and levels at the exterior
of the proposed dwelling structure considering present and future land
usage, basis for the prediction (measured or obtained from published data),
noise attenuation measures to be applied, and an analysis of the noise
46
D
f.
1
insulation effectiveness of the proposed construction showing that the
prescribed interior noise levet requirements are met.
It interior allowable noise levels are met by reouiring that windows be
unopenabie or closed. the design for the structure must 4130 specify a
ventilation or airconditionin�rstem to provide a habitable interior
environment. The ventilation system must not compromise the dwelling unit
oast room noise reduction.
2.6. Field Testing - When inspection indicates that the construction is
not in accordance with the approved design, or that the noise reduction is
compromised due to sound leaks or flanking paths, field testing may be
reouired. A test report showing compliance or noncompliance with
Prescribed interior allowable levels shall be submitted to the building
official.
Measurements of outdoor sound levels shall generaliy follow the
guildellnes in ASTM E 1014.
Field measurements of the A -weighted airborne sound insulation of
buildings from exterior sources shall generaliy follow the guidelines in
ASTM E 966.
For the purpose of this standard, sound level differences measured in
unoccupied units shall be normalized to a receiving room reverberation time
of one-half second. Sound level differences measured in occupied units
shall not be normalized to a standard reverberation time.
SECTION 81. Subsection 3802(b)S_which was added to the UBC by a
previously enacted amendment is amended by adding an exception to read:
EXCEPTION: Buildings used exclusively as open parking garages.
SECTION 82. Subsection 3802(g), exception 3, which was added to the UBC by
a previously enacted amendment is renumbered to exception 2.
47
SEMON 83. UBC section 4302 is amended by adding subsection (f) to read:
(f1 Cellular Concrete. 1. Ilse and appliration,! Controlled -density
cellular concrete, when used or applied. shall be in accordance with the
use ef materials Bulletin No. 65 of the Federal Housing Administration;
United States Department of Housing and Urban Development.
EXCUTIONS: 1. Regardless of the provisions of Subsections 3.2. 3.3,,
Mand 3.6 in Section 3 relating to proportioning, mixing and testing in
Bulletin No. 65. the following shall apply to these regulations.
L Field -control wei hg Ings for control of the wet -unit weight shall be
sde. The design wet -unit weight for field control of the concrete
shall be based upon previously established data for the relation
between the wet -unit weight and the air-dry unit weight at 28 days for
Ike mix being placed. Field -control wei h9 ings for determining the
ret -unit weight shall be made at the mixer discharge and at the point
at deposit. Make one pair of wei hg ings per batch for batch -type
sixers unless equipment is provided with scales allowing the operator
to adequately weight materials. For continuous weight -instrumented
batch mixers, make one pair of wei hg ings per 10 yards3. The gain in
sit weight between the mixer discharge and point of deposit shall not
sit weight between the mixer discharge and point of deposit shall not
exceed 5 percent. The wet -unit weight at the point of deposit of the
concrete shall not exceed +5 percent of the design wet -unit weight. A
variation exceeding +5 percent of the design wet -unit weight shall
quire a modification of the mix proportions, a change of materials or
a change in the mixing procedures.
L When tests are required by the building official, they shall be
performed in the following manner: Two test cylinders, for compressive
strength tests, shall be made for each 8,000 feet2 of the surface area
48
I-
1
placed. A minimum of two test cyl inders sha11 be made each day. Each
AELWh test result shall be the average of two cylinders from the same
sample tested at 28 days or at a specified earlier ate.
C. The minimus air-dry density shall be 90 pounds/feet3• The minimum
design compressive strength shall be 1.000 pounds/inch2 when the curing
procedure specified herein is applied. The minimum design compressive
strength shall be 1,250 pounds/inch2 if the slab is placed in a covered
area of a building and a specified curing medium 1s not applied. The
specified design compressive strength shall be increased 20 percent when
the specified strength is greater then 1.000 pounds/inch2 and the slab
is placed in a covered area of a building and a speci-tied curing medium
is not applied.
D. The cellular concrete shall be sampled at the point of deposit in
accordance with the applicable procedures of ASTM C 172, Sampling Fresh
Concrete. Cylinder molds shall be either 3 inches by 6 inches or 6
inches by 12 inches. Lightly tap the sides of the mold with a rubber
hammer while filling the mold instead of rodding the mix. Moist cure
the specimens for 7 days at 73.49F. $ 3° F. At the age of 7 days1
remove the specimens from the moist condition and store in a temperature
of 73.4•F *, 3°F. and a relative humidity of 50 $ 10 percent for 21 days,
remove and air dry until the time of test at 28 days. The compressive
strength test shall be in accordance with ASTM C 39, Compressive
Strength of Cylindrical Concrete Specimens. Determine the air dry unit
�"i ht at 28 days.
2. Regardless of the provisions of Subsections 4.1 and 4.2 in Section 4, rela-
ting to placing, finishing and curing in Bulletin No. 65, the following shall
apply to these regulations.
49
A. The concrete shall be placed, finished and cured to produce a
level, smooth surface. The concrete shall be placed in a single layer
to a minimum thickness of 1 1/2 inches. The deviation from a plan
shall not exceed 1/4 inch in any 10 feet. The final finish of the
concrete shall be suitable for the application of the specified
wear -resistant covering. Cracks wider than 1/8 inch shall be repaired.
B. Install a water-resistant membrane between wood or plywood subfloors
and the cellular concrete to prevent leakage of the concrete and wetting of
the subfioor. The membrane shall consist of waterproof paper or plastic
sheets conforming to ASTM C 171, Sheet Materials for Curing Concrete, or
15 -pound roofing felt conforming to ASTM D 226, D 250 or D 227, or Federal
Specification UUB790, Building Paper, Vegetable Fiber: (Kraft,
Water -proofed, Water Repellent and Fire-resistant) Type 1, Grade B. The
sheets shall be securely fastened to the subfloor.
3. Regardless of the provisions of Subsections 6.1 and 6.1 in Section 6, rela-
ting to applicator qualifications and warranty in Bulletin No. 65, these sub-
sections are omitted from these regulations.
SECTION 84. The previously enacted amendment of UBC Section 4501 which
added a paragraph at the end is amended to read:
For the purpose of this chapter, the 'Highway Line' defined in 0Fd1nanee
No. 1494 Title 22. of the Los Angeles County Code entitled 'The Zoning
Ordinance' shall be deemed to be the street property line, and a line
on the street side 12 feet from said building line shall be deemed to be
the curb line. The area on the highway or street side of the highway line
shall, for the purposes of this chapter, be deemed to be public property.
SECTION 85. Section 4508, which was added to the UBC by a previously
enacted amendment, is amended to read:
Section 4508 - Overhead structures as defined in Section 444 16.04.160 of
50
Gpd4nose Nos ;60; Title 16 of the Los Angeles County Code entitled
•Nigb ay Permit Ordinance* may project beyond a street property line or
building line as provided in a permit issued by the Road Commissioner
purswnt to Section 44; 16.06.010 of said Title 16.
SECTION 86. The previously enacted amendment to item 2 of UBC Appendix
Chapter 7, Division 1, subsection 713(a) is relocated to item 2, of UBC
subsection 5603(a).
SECTION 87. The previously enacted amendments to UBC Appendix Chapter 7,
Division 1, subsection 714(8) are relocated to UBC subsection 5604(8).
SECTION 88. The last paragraph of subsection 6202 of Title 26 of the Los
Angeles County Code is amended to read: -
Where signs are illuminated by electric lighting, a separate Electrical
Permit shall be obtained as required by the Electrical Code,
GFd4MAee NO. 2260 Title 27 of the Los Angeles County Code.
SECTION 89. The last paragraph of Section 6710 of Title 26 of the Los
Angeles County Code is amended to read:
Locking devices installed on sliding glass doors providing the exit
required by section 3303 or the emergency eg FOSS.escape or rescue required
by section 1204 shall be releasable from the inside without the use of a
key, -tool or excessive force.
SECTION 90. Item 5 of Section 6808 of Title 26 of the Los Angeles County
Code is amended to read:
S. If the proposed use is prohibited by GFdiA&Aee 1494 Title 22 of the Los
Angeles County Code or any other land use ordinance.
SECTION 91. Section 6903 of Title 26 of the Los Angeles County Code is
amended to read:
Permit Required - Sec. 6903. A trailer coach shall not be used, maintained
or occupied contrary to the provisions of this chapter and the applicable
51
state laws and regulations. Before using a trailer coach for living or
sleeping purposes a person shall first obtain a permit to do so from the
coenty engineer. In any case 1n which the time during which a trailer
coach may be so used is limited by the provisions of QFd4AaAee No. 1494,
Title 22 of Los Angeles County Code, The
Planning and Zoning Code, adopted September 12, 1927, the County engineer
shall issue a permit good for the same length of time. Otherwise he shall
issue a permit which shall be valid until revoked.
SECTION 92. Item 4 of section 6904 of Title 26 of the Los Angeles County
Code is amended to read:
4. State that (a) any sanitary facilities of the trailer coach will be
sealed so that they cannot be used on the property or (b) the sewage dispo-
sal system for the trailer coach will comply with the Plumbing Code,
QFdinanee No. 2269 Title 28 of the Los Angeles County Code and other
pertinent local and state regulations governing plumbing for trailers.
SECTION 93. Section 7002 of Title 26 of the Los Angeles County Code is
amended by adding or amending the following definitions:
EROSION is the wearing away of the ground surface as a result of the move-
ment of wind, water and/or ice.
KEY is a designed compacted fill placed in a trench excavated in earth
material beneath the toe of a proposed fill slope.
SLOPE is an inclined ground surface the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
SOIL TESTING AGENCY is an agency regularly engaged in the testing of soils
and rock under the direction of a civil engineer experienced in soil
mechanics testing (a -soil- A94neer).
1
52
TERRACE is a relatively level steo constructed in the face of arg aded
slope surface for drainage and maintenance purposes.
SECTION 94. Exception 2 to Section 7003 of Title 26 of the Los Angeles
County Code is amended to read:
2. A fill not intended to support structures and which does not obstruct a
drainage course if such fill I, is placed on natural grade that has a
slope not steeper than twee five horizontal to one vertical and is less
than one foot deep, mW 'or.%(b) is less than 3 feet in depth at its
deepest point, measured vertically upward from natural grade to the surface
of the fill, and does not exceed 50 cubic yards, or J* (c) does not exceed
20 cubic yards on any one lot.
SECTION 95. Item 12 of Subsection 7005(b) is amended by adding a second
sentence to read:
Suitable access shall be provided to permit proper cleaning and main-
tenance.
SECTION 96. The first sentence of Subsection 7015(x) of Title 26 of the
Los Angeles County Code is amended to read:
Sec. 7015(a)'Maximum Slope - Cuts shall hot -be steeper in slope than e#e
,af-eoe-h& W two horizontal to one vertical unless the owner furnishes a
soils engineering or an engineering geology report, or both, conforming
with the requirements of Chapter 3, stating that the site has been
investigated and giving an opinion that a cut at a steeper slope will be
stable and not create a hazard to public or private property.
SECTION 97. Subsection 7016(b) of Title 26 of the Los Angeles County Code
is amended by adding the following immediately after the second sentence of
said subsection:
C
The bench under the toe of a fill on a slope steeper than five to one
shall be at least 10 feet wide. The area beyond the toe of fill shall be
sleed for sheet overflow or a paved drain shall be Provided. When fill is
to be placed over a cut. the bench under the toe of fill shall be at least
10 feet wide but the cut shall be made before placing the fill and before
accaptance by the geotechnical engineer or engineering geologist or both as
a imitable foundation for fill.
SEMON 98. Subsection 7016(h) of Title 26 of the Los Angeles County Code
1s amended to read:
(h) Testing of Fills - Sufficient tests of the fill soils shall be made to
determine the density thereof -r The mWmw numbeF of tests shall be as
sh buil"
SufAcient test of fill sells shall be made and to verify compliance of the
soil properties with the design requirements including soil types and shear
strengths in accordance with the standards established by the Building
Offkial.
The results of such testing shall be included to the reports required by
this chapter.
SECTION 99. Section 7018 of Title 26 of the Los Angeles County Code is
amended by adding subsection (h) to read:
(h) Interceptor Drains - Paved interceptor drains shall be installed along
the top of all cut slopes where the height of the cut is greater than 5
feet measured vertically. Interceptor drains shall be paved with a
minianm of 3 inches of concrete or gunite and reinforced as required
54
for drainage terraces. Thev shall have a minimum depth of 12 inches and a
minimum paved width of 30 inches measured horizontally across the drain.
-The slope of drain shall be approved by the building official.
SECTION 100. Subsection 7018(d) of Title 26 of the Los Angeles County Code
is amended to read:
(d) Drainage Terraces Required - The requirements for drainage terraces
shall apply to all cut or fill slopes steeper than three horizontal to one
vertical. Cut or fill slopes more than 30 feet in height and slit 91 Des
MOM than 40 feet M he4gh% shall have drainage terraces provided at
intervals not exceeding 25 feet except that where only one terrace is
required, it shall be at midheight. Such terraces shall be not less Ahan 8
feet in width (measured horizontally from the outside edge) except where
the total slope height exceeds 100, one terrace near midheight shall be not
less than 20 feet in width (measured horizontally from the outside edge).
For cut and fill slopes greater than 120 feet in height, design of drainage
devices and terraces may be submitted by the civil engineer and approved
by the building official. L For slopes not steeper -than three horizontal to
one vertical, the building official may require the design of drainage
devices to be submitted. Suitable access shall be provided to permit
proper cleaning and maintenance.
SECTION 101. The first sentence of Subsection 7018(e) of Title 26 of the
Los Angeles County Code is amended to read:
(e) Drainage Terraces Construction - Drainage terraces shall have
a longitudinal grade of not less than #off five percent nor more than
twelve percent and a minimum depth of one foot at the flow line.
55
SECTION 102. Subsection 7018(f) of Title 26 of the Los Angeles County Code
is amended by adding a second paragraph to read:
Sales used for slope protection shall conform with subsection (h).
Berms utilized for slope protection shall be not less than 12 inches above
the level of the pad and shall slope back at least 4 feet from the top of
the slope.
SECTION 103. Section 7019 1s amended by retitling the section, changing
existing subsections (a) through (e) to become subsections (b) through (f)
respectively and adding new subsections (a) and (g) as follows:
Sec. 7019 PlaRtiRg of Popes Erosion Control (a) Slopes - the faces of cut
and fill slopes shall be prepared and maintained to control against ero-
sion. This control must consist of effective planting as described
elsewhere in this section or other devices satisfactory to the building
official.
jo Other devices - Where necessary, check dams, cribbing, riprap or
other devices or methods shall be employed to control erosion and provide
safety.
SECTION 104. Item 3 of the 1_ast.paragraph of section 9603 of Title 26 of
the Los Angeles County Code is amended to read:
3. The area of reinforcing steel is less than 50 percent of that required
in Subdivision 3 46 of Subsection +J+ (h) of Section 24P 2407, entitled
Design, General Requirements' of this code.
SECTION 105. Section 9605 of Title 26 of the Los Angeles County Code
is amended by adding the following paragraph immediately after the first
paragraph:
The owner of a building within the scope of this chapter shall comply with
the requirements set forth above by submitting to the County Engineer for
review within the stated time limits:
56
1
1
1
SECTION 106. Subsection 9606(f) of Title 26 of the Los Angeles County
Code is mnded to read:
(f) Enforcement - If the owner or other person in charge or control of the
subject building fails to comply with any order issued by the County
Engineer pursuant to this chapter within any of the time limits set forth
in sation 9605, the County Engineer shall verify that the record -owner of
this wilding has been properly served. If the order has been served on
the record owner, the County Engineer may order that the entire
building be vacated and that the building remain vacated until such order
has leen complied with. If compliance with such order has not been
accoollshed within 90 days after the date the building has been ordered
vacated or such additional time as may have been granted by the Board of
Appeals, the county engineer may order its demolition in accordance with
the provisions of Section 203(a) of this code.
SECTION 107. Subsection 9608(c) of Title 26 of the Los Angeles County Code
is amended to read:
(c) Anchorage and Interconnection - Anchorage and interconnection of all
parts, portions and elements of the structure shall be analyzed and
designed for lateral forces in accordance with TABLE NO. 2U of
a" tie equation Fp=ICp SWp as modified by set forth in Table No. 96-E and
Table No. 96-F. Minimum anchorage of masonry walls to each floor or roof
shall resist a minimum force 200 pounds per lineal foot acting normal to
the wall at the level of the floor or roof.
SECTION 108. The first paragraph of Subdivision 9608(f)3 of Title 26 of
the Los Angeles County Code is amended to read:
3. Lreinforced Masonry Walls - Unreinforced masonry walls shall be
analyzed to ensure their capability of resisting superimposed vertical
57
loads in addition to the seismic forces required by this chapter. Such
walls shall meet the minimum requirements set forth in Section 2406
entitled 'Allowable Stresses' Section 9446 2407 entitled "Genu Design,
General Requirements ' and Section 9444 2409 entitled "Designn, Reinforced
Masonry Bes ye" of this code. The 50 percent increase in the seismic force
factor for shear walls as specified in Tame No, 24 N Section 2407(h) 00)
of this code may be omitted in the computation of seismic loads to existing
shear valis.
SECTION 109. Subdivision 9608(g)1 of Title 26 of the Los Angeles County
Code is amended to read:
(g) Combination of Vertical and Seismic Forces - 1. New materials. All
new materials introduced into the structure to meet the requirements of
this section which are subject to combined vertical and horizontal forces
shall comply with Section 2312{j} 2303(f) of this code.
SECTION 110. The last sentence of Subdivision 9608{9}2 is amended to read:
The stresses in members due only to seismic and dead loads shall not exceed
the values permitted by Section 2303+f+M of this code.
SECTION 111. The second paragraph of Subsection 9609(b) of Title 26 of the
Los Angeles County Code is deleted.
read:
SECTION 112. The third paragraph of Subdivision 9610(b)1 is amended to
When access to the exterior face of the masonry wail is prevented by
proximity of an existing building, wall anchors conforming to Items-noo. 5
aW 6 in Table 96-I may be used.
SECTION 113. Subdivision 9610(b)3 of Title 26 of the Los Angeles County
Code is amended to read:
3. where trusses and beams other than rafters or joists are supported on
masonry, independent secondary columns shall be installed to support
vertical loads of the roof or floor members.
58
1
SECTION 114. Subdivision 9610(b)5 of Title 26 of the Los Angeles County
Code is anended to read:
5. All deteriorated mortar joints in unreinforced masonry walls shall be
pointed with Type S or N mortar. Prior to any pointing, the wall surface
must be ea" K waw blasts' raked and cleaned to remove loose and
deteriorated mortar. A44 pFepafat49* afld Pointing shall be done, under the
continuous inspection of a registered special masonry or concrete
inspector. At the conclusion of the project, the inspector shall submit a
written report to the county engineer setting forth the portion of work
inspected.
SECTION 115. Subsection 9610(c)6 of Title 26 of the Los Angeles County
is amended to read:
6. The type of interior wall surfaces and ceilings, and wheth f if
reinstalling or anchoring i:he Ee#a-# q of existing plaster is necessary.
SECTION 116. Table No. 96-F is amended by adding the footnote
references, to read:
TABLE NO. 96-F
HORIZONTAL FORCE FACTOR CQ FOR PARTS OR PORTIONS
OF BUILDINGS OR OTHER STRUCTURES L11
MRT OR PORTION
OF BUILDINGS
Exterior bearing and nonbearing walls;
interior bearing walls and partitions;
interior nonbearing walls and partitions
over 10 fat in height; masonry fences
over 6 feet in height.
DIRECTION VALUE
OF FORCE OF Cp
Normal -to -flat 0.20
surface
Cantilever parapet and other cantilever Normal -to -flat 1.00
walls, except retaining walls. surface
Exterior and interior ornamentations and Any direction 1.00
appendages.
59
Table 96-F cont.
PART OR PORTION
DIRECTION
VALUE
OF BUILDINGS
OF FORCE
OF Cp
When connected to or a part of building
Any direction
0.20 L21,1L
towers, tanks, towers and tanks plus
contents, racks over 8 feet 3 inches in
height plus contents, chimneys, smokestacks
and penthouses.
When connected to or a part of a building:
Any horizontal
0.20
Rigid and rigidly mounted equipment and
direction
machinery not required for continued
operation of essential occupancies.
Tanks plus effective contents resting on
Any direction
0.12
the ground.
Floors and roofs acting as diaphragms.
In the plane of
0.12
the diaphragm
Prefabricated structural elements, other
Any horizontal
0.30
than walls, with force applied at center
direction
of gravity of assembly.
Connections for exterior panels or elements.
Any direction
2.00
SECTION 117. Note 3 to Table No. 96-H of
Title 26 of the Los
Angeles
County Code is amended to read:
3. Stresses given may be increased for combination loads as specified in
Section 9608(9)2. "--7
SECTION 118. Table No. 96-I of Title 26 of the Los Angeles County Code
is amended to read:
60
1
on
TABLE NO. 96-I
ALLOWABLE VALUES OF NEW MATERIALS USED
IN CONJUNCTION WITH EXISTING CONSTRUCTION
NEW MATERIALS OR CONFIGURATION
OF MATERIALS (1) ALLOWABLE VALUES
1. HORIZONTAL DIAPHRAGMS
Plywood sheathing applied directly Same as specified in Table
over existing sheathing with ends No. 25-J of this -code for
of plywood sheets bearing on joists blocked diaphragms.
or rafters and edges of plywood
located on center of individual
sheathing boards.
2. SHEAR PALLS
a. Plywood sheathing applied Same as values specified in
directly over existing wood Table No. 25-K for shear
studs. No value shall be given walls.
to plywood applied over existing
plaster or wood sheathing.
b. Dry wall or plaster applied 75 percent of the values
directly over existing wood specified in Table No.
studs. 47-I.
c. Dry wall or plaster applied to 33 1/3 percent of the
plywood sheathing over existing values specified in Table
wood studs. No. 47-I.
3. SHEAR DOLTS
Shear bolts and shear
dowels embedded
440.133 percent of
the
a minimum'of & inches
into unreinforced
values for plain solid
masonry walls. Bolt centered in
masonry specified
in
211 -inch diameter hole
with dry -pack
Table No. 24 -G -J.
No
or an approved nonshrink grout around
values larger than
those
circumference of bolt
or dowel. (1)(3)
given for 3/4 -inch
bolts
shall be used.
4. TENSION BOLTS
Tension bolts and tension dowels 1,200 pounds M per bolt
extending entirely through or dowel.
unreinforced masonry walls secured
with bearing plates on far side of
wall with at least 30 square inches
of area. (2)(3)
11
Table 96-I cont.
NEW MATERIALS OR CONFIGURATION ALLOWABLE VALUES
OF MATERIALS 1
S. WALL ANDIORS ESee Section 9610(b)1]
a. Bolts extending to the exterior
face of the wall with a 2% -inch 600 pounds per bolt or
round plate under the head. dowel.
Installed as specified for shear
bolts. Spaced not closer than 12
inched on center. (1)(2)(3)(4)
b. Bolts or dowels extending to the 1,200 pounds per bolt or
exterior face of the wall with a dowel.
24 -inch round plate under the head
and drilled at an angle of 224
degrees to the horizontal. Installed
as specified for shear bolts.(1)(2)(3)(4)
6. INFILLED WALLS.
Reinforced masonry in filled openings in
Same as values specified
existing unreinforced masonry walls with
unreinforced masonry walls.
keys or dowels to match reinforcing.
7. REINFORCED WALLS
Masonry piers and walls reinforced per
Same as values spec# --4*
Sections 2444 2406, 2407 and 2409.
Table No. 24 H. determined
per section 2406
B. REINFORCED CONCRETE
Concrete footings, walls and piers rein-
Same as values specified in
forced as specified in Chapter 26 and de-
Chapter 26 of this code.
signed for tributary loads.
9. EXISTING FOUNDATION LOADS
Calculated existing foun-
Foundation loads for structures exhibiting
dation loads due to maximum
no evidence of settlement.
dead load plus live load
may be increased 25 percent
for dead load, and may be
increased 50 percent for
dead load plus seismic
load required by this
chapter. -
Footnotes for Table No. 96-I
(1) Bolts and dowels to be tested as specified in Section 9609(f).
(2) Bolts and dowels to be W -inch minimum in diameter.
62
Footnotes for Table No. 96-I cont.
(3) Drilling for bolts and dowels shall be done with an electric rotary drill.
Impact tools shall not be used for drilling holes or tightening anchor and
shear bolt nuts.
(4) Value is for minimum three wythe wall. For a two wythe wall, use 50% of
Une MIUC 511uw11.
SECTION 119. Section 9810 of Title 26 of the Los Angeles County Code is
amended to read as follows:
Sec. 9810. Internal Services Department - The County
Engineer may request the Director of the F&014486 MaRagementr
Internal Services Department to secure or close any building or structure
subject to the provisions of section 9809 so as to prevent unauthorized
persons from gaining access thereto. At the earliest opportunity the
Director ofthe fae4l4t4es managemeRt-depfftnenb Internal Services shall
comply with such request. He shall keep an accurate record of the cost of
such work.
SECTION 120. Section 9813 of Title 26 of the Los Angeles County Code is
amended to read:
-Sec. 9813.. Emergency Procedures - Whenever the'conditlons described in
Section 9801 constitute such an immediate hazard that the building or
structure must be secured or closed forthwith or within less than the
designated period and either the Sheriff or the Chief of the Fire
Department so finds and so notifies the County Engineer, he shall secure
such building through the director of the FaeMt4es 14aAaRgemerAt Internal
Services Department (as provided 1n section 9810) or by contract, after
giving such notice to the record owner or the person in charge, or both as
the circumstances will permit or without any notice whatever when, to the
opinion of the Sheriff or Chief of the Fire Department, immediate action is
necessary.
63
SECTION 121. Subsection 9934(a) of Title 26 of the Los Angeles County
Code is amended to read:
VEHICLES
Sec. 9934.(a) Adoption by Reference, Section 22660 et seq. of Vehicle
Code. All of the provisions of Section 22660 of the Vehicle Code are
hereby adopted by reference as a part of this ordinance. In the case of
any conflict between the provisions of this chapter and the provisions of
said Section 22260 the provisions of said Section 22660 shall prevail.
64
25
ORDINANCE NO.-5�
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE THE UNIFORM BUILDING
CODE, 1988 EDITION, AND AMENDMENTS THERETO;
LOS ANGELES COUNTY CODE, ELECTRICAL CODE,
TITLE 27; THE UNIFORM PLUMBING CODE, 1988
EDITION, AND AMENDMENTS THERETO; THE UNIFORM
MECHANICAL CODE, 1988 EDITION, AND AMENDMENTS
THERETO; ADOPTING AMENDMENTS TO SAID CODES,
READOPTING PORTIONS OF TITLE 15 OF THE
ROLLING HILLS MUNICIPAL CODE AND DECLARING
THE URGENCY THEREOF.
(� THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
S.�
FOLLOWS:
W Section 1. Chapter 15.04 of Title 15 of the Rolling
m Hills Municipal Code is amended by deleting Section 15.04.090 and
Q by amending Sections 15.04.010, 15.04.070, 15.04.080, and
15.04.150 to read:
15.04.010. Adoption of Buildina Code by Reference.
A. Except as hereinafter provided, Chapters 4 through
60, excluding Chapters 35, 41 and 53 of that certain Building
Code known and designated as the "Uniform Building Code, 1988
Edition," prepared by the International Conference of Building
Officials and including Chapters 7, 11, 23 (Divisions 1 and 11),
38, 49 and 55 of the Appendix to said Uniform Building Code,
together with all amendments to the Uniform Building Code as set
forth in Title 26, Building Code of the County of Los Angeles, as
amended and in effect on December 1, 1989, are hereby adopted by
reference. Sections 15.04.020, et seq. of Article VIII of the
Rolling Hills Municipal Code are hereby readopted except as
hereinafter provided. All of the abovementioned codes,
amendments and sections shall constitute the Building Code of the
City of Carson.
B. The provisions of the building code applying to
dwellings, lodgings, houses, hotels, apartments houses, convents,
monasteries or other uses classified by the building code as a
group R-1 or R-3 occupancy and including Chapters 1, 2, 3, 4 and
98 and 99 shall constitute and may be cited as the Housing Code.
One copy of the Uniform Building Code, Title 26, and
Sections 15.04.020 et seq. of Chapter 15.04 of Title 15 of the
Rolling Hills Municipal Code have been deposited in the office of
the City Clerk of the City of Rolling Hills and shall be at all
times maintained by the Clerk for use and examination by the
public.
891204 jlw 5230073 (2)
26
15.04.070. Section 1704 amended. Section 1704 of the
County of Los Angeles Building Code is amended to read:
"Section 1704: Roof Coverings. Roof coverings for all
buildings in the City of Rolling Hills shall be Class A (having
satisfied the fifteen -year weathering test and certified as such
by Underwriting Laboratories or an equivalent recognized testing
agency), except that any new addition or reroofing of structures
may match existing roof coverings if not exceeding 200 square
feet."
15.04.080. Section 3202(a) amended. Section 3202(a)
of the County of Los Angeles Building Code is amended to read:
"Section 3202(a): Roof coverings for all buildings
shall be Class A (having satisfied the fifteen -year weathering
test and certified as such by Underwriting Laboratories or an
equivalent recognized testing agency), except as provided in
Section 104(f) and 1704 of this code, and shall be securely
fastened in an approved manner to the supporting roof
construction. The roof covering shall provide weather
protection for the building roof."
15.04.150. Violations and Penalties.
A. It shall be unlawful for any person to erect,
construct, enlarge, alter, repair, move, improve, remove,
convert, demolish, equip, use, occupy or maintain any building or
structure or perform any grading in the City of Rolling Hills, or
cause the same to be done, contrary to or in violation of any of
the provisions of the Building Code.
B. Penalty. Any person, firm or corporation
violating any of the provisions of the Building Code shall be
deemed guilty of a misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provi-
sions of the Building Code is committed, continued or permitted,
and upon conviction of any such violation such person shall be
punishable by a fine of not more than one thousand ($1,000.00)
dollars or by imprisonment in the County Jail for a period of not
more than six (6) months, or by both such fine and imprisonment.
Section 2. Notwithstanding the provisions of Section 1
of this Ordinance, the Building Code referred to in said
Section 1 is amended as set forth in Exhibit "A" attached to
this Ordinance, a copy of which has been deposited in the office
of the City Clerk of the City of Rolling Hills and shall at all
times be maintained by the Clerk for use and examination by the
public.
891204 jlw 5230073 (2) -2-
.. 2'7
Section 3. Chapter 15.08 of Title 15 of the Rolling
Hills Municipal Code is amended by amending Sections 15.08.010
and 15:08.040 to read:
15.08.010. Adoption of Plumbina Code by Reference,.
A. Except as hereinafter provided, Chapters 1 through
A copy of the Uniform Plumbing Code, Title 28 and
Sections 15.08.020, et seq. of Chapter 15.08 of Title 15 of the
Rolling Hills Municipal Code have been deposited in the office of
the City Clerk of the City of Rolling Hills and shall be at all
times maintained by the Clerk for use and examination by the
public.
15.08.040. Violations and Penaltv,. Any person, firm
or corporation violating any provision of the Plumbing Code shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not to exceed one thousand
($1,000.00) dollars or by imprisonment in the County Jail for a
period not to exceed six (6) months, or by both such fine and
imprisonment. Each separate day or any portion thereof, during
which any violation of the Plumbing Code occurs or continues,
shall be deemed to constitute a separate offense and upon
conviction thereof, shall be punishable as herein provided.
Section 4. Notwithstanding the provisions of
Section 3 of this ordinance, the Plumbing Code referred to in
said Section 3 is amended as follows:
(a) Section 113 of the Plumbing Code is amended by
adding Subsection (b) and renumbering the remainder of the
Sections. Subsection (b) shall read as follows:
(b) Lavatory - A plumbing fixture used for
washing the hands, arms, face and head.
(b) Section 117 of the Plumbing Code is amended by
adding Subsection (d) and renumbering the remainder of the
Sections. Subsection (d) shall read as follows:
891204 jtw 5230073 (2) -3-
13 and Appendices A, 8, C, and I of that certain Plumbing Code
known and designated as the "Uniform Plumbing Code, 1988
Edition", prepared by the International Association of Plumbing
and Mechanical Officials, together with all amendments to the
Uniform Plumbing Code, 1985 Edition, as set forth in Title 28,
Plumbing Code of the County of Los Angeles, as amended and in
effect on December 1, 1989, are hereby adopted by reference.
Sections 15.08.020, et seq., of Chapter 15.08 of Title 15 of the
(�
Rolling Hills Municipal Code are hereby readopted. The above-
mentioned codes, amendments and sections shall constitute the
Plumbing Code of the City of Rolling Hills.
Q
A copy of the Uniform Plumbing Code, Title 28 and
Sections 15.08.020, et seq. of Chapter 15.08 of Title 15 of the
Rolling Hills Municipal Code have been deposited in the office of
the City Clerk of the City of Rolling Hills and shall be at all
times maintained by the Clerk for use and examination by the
public.
15.08.040. Violations and Penaltv,. Any person, firm
or corporation violating any provision of the Plumbing Code shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not to exceed one thousand
($1,000.00) dollars or by imprisonment in the County Jail for a
period not to exceed six (6) months, or by both such fine and
imprisonment. Each separate day or any portion thereof, during
which any violation of the Plumbing Code occurs or continues,
shall be deemed to constitute a separate offense and upon
conviction thereof, shall be punishable as herein provided.
Section 4. Notwithstanding the provisions of
Section 3 of this ordinance, the Plumbing Code referred to in
said Section 3 is amended as follows:
(a) Section 113 of the Plumbing Code is amended by
adding Subsection (b) and renumbering the remainder of the
Sections. Subsection (b) shall read as follows:
(b) Lavatory - A plumbing fixture used for
washing the hands, arms, face and head.
(b) Section 117 of the Plumbing Code is amended by
adding Subsection (d) and renumbering the remainder of the
Sections. Subsection (d) shall read as follows:
891204 jtw 5230073 (2) -3-
28
(d) Personal Service Room - A room which is
not directly connected with the production or service
function performed by the establishment. Such rooms
may include, but are not limited to, first aid or
medical rooms, toilet rooms, change rooms, wash rooms,
shower rooms, kitchens and lunch rooms.
(c) Section 121 of the Plumbing Code is amended by
adding Subsections (a), (b) and (c) and renumbering the remainder
of the Sections. Subsections (a), (b) and (c) shall read as
follows:
(a) Toilet - A fixture within a toilet room
which may be used for defecation or urination.
(b) Toilet Room - A room within or on the
premises containing at least one water closet.
(c) Toxic Material - A material in
concentration or amount which exceeds the applicable
limit established by a standard, such as Section 5155,
5208 or 5209 of Title 8, CCR, or in the absence of an
applicable standard, which has the capacity to produce '
personal injury or illness to persons through inges-
tion, inhalation or absorption through any body
surface.
(d) Section 122 is amended to read as follows:
(a) Plumbing Code - Plumbing Code is the
1988 Edition of the Uniform Plumbing Code, including
Appendices A, B, C, and I, as published by the Inter-
national Association of Plumbing and Mechanical
Officials.
(e) Section 122 of the Plumbing Code is amended to
read by adding Subsection (b) to read as follows:
(b) Urinal - A plumbing fixture which is
used for urination.
(f) Section 124 of the Plumbing Code is amended by
adding Subsection (c) and renumbering the remainder of the
Section. Subsection (c) shall read as follows:
(c) Water Closet - A plumbing fixture
(which may be used for both defecation and urination)
in which the waste matter is removed by flushing with
water.
(g) Section 208 of the Plumbing Code is amended by
adding Subsections (c) and (d) to read as follows:
891204 jtw 5230073 (2) -4-
r, o
(c) Cast iron fittings, up to and including
two (2) inches and used for water distribution, shall
be galvanized.
(d) All malleable iron vent or water
fittings shall be galvanized.
(h) Table A of the Plumbing Code is amended by
deleting references to the following Standards:
Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe, Schedules
�- 40 and 80
j` Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Hot and Cold
Water Distribution Systems
W Chlorinated Poly (Vinyl Chloride) (CPVC) Solvent Cemented Hot and
Cold Water Distribution Systems (Installation)
m Plastic Insert Fittings for Polybutylene (PB) Tubing
Q Plastic Insert Fittings for Polyethylene (PE) Plastic Pipe
Polybutylene (PB) Cold Water Building Supply and Yard Piping and
Tubing (Installation)
Polybutylene Hot and Cold Water Distribution Tubing Systems Using
Insert Fittings (Installation)
Polybutylene Hot and Cold Water Distribution Pipe, Tubing and
Fitting Systems Using Heat Fusion (Installation)
Polybutylene (PB) Plastic Hot Water Distribution Systems
Polybutylene (PB) Plastic Pipe. (SIDR-PR) Based On Controlled
Inside Diameter
ILI, Polybutylene (PB) Plastic Tubing
Polyethylene (PE) Cold Water Building Supply and Yard Piping and
Tubing (Installation)
Socket -Type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe
Fittings, Schedule 40
Socket -Type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe
Fittings, Schedule 80
Solvents Cements for Chlorinated Poly (Vinyl Chloride) (CPVC)
Plastic Pipe and Fittings
(i) Table A of the Plumbing Code is amended by adding
Note 7 to read as follows:
7. See Section 802(d) regarding maximum
lead content in solder used on potable water supply
systems.
(j) Subsection 314(a) of the Plumbing Code is amended
to read as follows:
(a) In existing buildings or premises in
which plumbing installations are to be altered,
repaired or renovated, deviations from the provisions
of this Code are permitted, provided such deviations
891204 j1v 5230075 (2)
-5-
30
are found to be necessary and are first approved by the
Administrative Authority.
Any plumbing system may have its existing use,
maintenance or repair continued when the Administrative
Authority determines that its use, maintenance or
repair is in accordance with the original design and no
hazard to the public health, safety or welfare has been
created by such system.
(k) Subsection 314(b) of the Plumbing Code is amended
to read as follows:
(b) Existing building sewers and building
drains may be used in connection with new buildings or
new plumbing and drainage work only when they are found
on examination and test to conform in all respects to
the requirements governing new work, and the proper
Administrative Authority shall notify the owner to make
any changes necessary to conform to this Code. No
building or part thereof, shall be erected or placed
over any part of a drainage system which is constructed
of materials other than those approved elsewhere in
this Code for use under or within a building.
Existing building sewer and building drains may be
used in connection with plumbing alterations or repairs
if such sewers or drains have been properly maintained
and were installed in accordance with the applicable
laws in effect at the time of installation. Any
plumbing system existing on January 1, 1975, shall be
deemed to have conformed to applicable law in effect at
the time of installation and to have been maintained in
good condition if currently in good and safe condition
and working properly.
(1) Section 803 of the Plumbing Code is amended by
adding Subsection (g) to read as follows:
(g) ABS and PVC Pipe - Joints in ABS and PVC
pipe shall be made as provided in subsection (1) of
Section 802 of the Plumbing Code.
(m) The exception to Subsection 909(c) of the
Plumbing Code is amended to read as follows: -
EXCEPTION: Special use shower compartments
for wheelchair use may eliminate the curb or threshold.
The required slope and depth shall be maintained from
the door entry to the drain opening. The minimum dis-
tance between the door or entry to the drain opening
shall be 3 feet 6 inches.
891204 Aw $230073 (2)
-6-
W
CO
Q
�31
(n) Chapter 10 of the Plumbing Code is amended by
deleting Section 1001 and substituting the following to read:
Section 1001 - Running Water Required
(a) Except where not deemed necessary for
safety or sanitation by the Administrative Authority,
each plumbing fixture shall be provided with an
adequate supply of hot and/or cold potable running
water piped thereto in an approved manner, so arranged
as to flush and keep it in a clean and sanitary
condition without danger of backflow or cross
connection. Water closets and urinals shall be flushed
by means of an approved flush tank or flushometer
valve. Faucets and diverters shall be connected to the
water distribution system so that hot water corresponds
to the left side of the fittings.
Water closets for residential buildings or
structures shall use a maximum of 3-1/2 gallons of
water per flush as approved by the State Department of
Housing and Community Development.
(o) Subsection 1007(e) of the Plumbing Code is amended
to read aspfollows:
(e) Relief valves located inside a building
shall be provided with a drain, not smaller than the
relief valve outlet, of galvanized steel, or hard drawn
copper piping and fittings and shall extend from the
valve to the outside of the building with the end of
the pipe not more than two (2) feet (.6m) nor less than
(6) inches (152.4 mm) above the ground and pointing
downward. Such drains may terminate at other approved
locations. No part of such drain pipe shall be trapped
and the terminal end of the drain pipe shall not be
threaded.
(p) Chapter 12 of the Plumbing Code is amended by
adding Section 1203 to read:
Section 1203 - Permit
(a) It shall be unlawful for any person to
install, alter or repair or cause to be installed,
altered or repaired any gas piping, without first
obtaining a permit from the Administrative Authority to
do so, provided however, no permit shall be required
from a serving gas supplier to disconnect defective gas
piping or equipment, when authorized by Section 1209.
891204 jlw 5230073 (2)
-7-
32
(b) Permits for gas piping shall show the
total number of gas outlets to be provided for on each
system, and such other information as may be required
by the Administrative Authority.
(q) Subsection 1213(m) of the Plumbing Code is
repealed.
(r) Appendix "A" of the Plumbing Code is amended by
adding a note to Table A-2 to read as follows:
NOTE: See Chapter 10, Section 1009, Table 10-1,
Plumbing Code, for equivalent fixture units.
(s) Section I-11 of the Plumbing Code is amended to
read as follows:
I-11 Abandoned Sewers and Sewage Disposal
Facilities
(a) Every abandoned building (house) sewer,
or part thereof, shall be plugged or capped in an
approved manner within five (5) feet (1.5m) of the
property line.
(b) Every cesspool or seepage pit which has
been abandoned or has been discontinued otherwise from
further use or to which no waste or soil pipe from a
plumbing fixture is connected, shall have the sewage
removed therefrom and be completely filled with the
earth, sand, gravel, concrete or other approved
material.
(c) The top cover or arch over the cesspool
or seepage pit shall be removed before filling and the
filling shall not extend above the top of the vertical
portions of the sidewalls or above the level of any
outlet pipe until inspection has been called and the
cesspool or seepage pit inspected. After such inspec-
tion, the cesspool or seepage pit shall be filled to
the level of the top of the ground.
(d) No person owning or controlling any
cesspool or seepage pit on the premises of such person
or in that portion of any public street, alley or other
public property abutting such premises, shall fail,
refuse or neglect to comply with the provisions of this
section or upon receipt of notice so to comply from the
Department having jurisdiction.
(e) Where disposal facilities are abandoned
consequent to connecting any premises with the public
891204 jtw 5230073 (2)
-8-
.33
B. A copy of Title 27 of the .Los Angeles County Code
and Sections 15.16.020, et seq., of Chapter .15.16 of Title 15 of
the Rolling Hills Municipal Code have been deposited in the
office of the City Clerk and shall be at all times maintained by
the Clerk for use and examination by the public.
15.08.050. Violations and Penalties. It shall be
unlawful for any person, firm or corporation to violate any of
the provisions of the Electrical Code. Each person, firm or
corporation violating any of the provisions of the Electrical
Code shall be deemed guilty of a separate offense for each day or
portion thereof during which such violation is committed,
continued or permitted and shall be punishable by a fine of not
to exceed one thousand ($1,000.00) dollars or by imprisonment in
the County Jail for a period of not more than six months or by
both such fine and imprisonment.
Section 6. Chapter 15.12 of Title 15 of the Rolling
Hills Municipal Code is amended by amending Sections 15.12.010
and 15.12.040 to read:
891204 jtw 5230073 (2) -9-
sewer, the permittee making the connection shall fill
all abandoned facilities as required by the Administra-
tive Authority within thirty (30) days from the time of
connecting to the public sewer.
(f) No such excavation shall be left
unattended at any time unless the permittee shall have
first provided a suitable and adequate barricade to
assure public safety.
Section 5. Chapter 15.16 of Title 15 of the Rolling
Hills Municipal Code is amended by amending Sections 15.16.010
j`
and 15.16.050 to read:
15.16.OU. AdoRt on of glectrical Code by Reference.
W
A. Except as hereinafter provided, Title 27,
M
Electrical Code, of the Los Angeles County Code, adopted by Los
Q
Angeles County Ordinance No. 88-0037, as amended and in effect
on December 1, 1989, consisting of Title 27 of the Los Angeles
County Code (formerly Ordinance No. 11096), adopting the National
Electrical Code, 1987 Edition, sponsored by the National Fire
Protection Association, commencing with page 70-1 through 70-774
inclusive except as otherwise provided in said Title 27 as
amended and in effect on December 1, 1989, is hereby adopted by
reference. Sections 15.16.020, et seq., of Chapter 15.16 of
Title 15 of the Rolling Hills Municipal Code are hereby
readopted. All of the above-mentioned codes, amendments and
sections shall constitute the Electrical Code of the City of
Rolling Hills.
B. A copy of Title 27 of the .Los Angeles County Code
and Sections 15.16.020, et seq., of Chapter .15.16 of Title 15 of
the Rolling Hills Municipal Code have been deposited in the
office of the City Clerk and shall be at all times maintained by
the Clerk for use and examination by the public.
15.08.050. Violations and Penalties. It shall be
unlawful for any person, firm or corporation to violate any of
the provisions of the Electrical Code. Each person, firm or
corporation violating any of the provisions of the Electrical
Code shall be deemed guilty of a separate offense for each day or
portion thereof during which such violation is committed,
continued or permitted and shall be punishable by a fine of not
to exceed one thousand ($1,000.00) dollars or by imprisonment in
the County Jail for a period of not more than six months or by
both such fine and imprisonment.
Section 6. Chapter 15.12 of Title 15 of the Rolling
Hills Municipal Code is amended by amending Sections 15.12.010
and 15.12.040 to read:
891204 jtw 5230073 (2) -9-
34
15.12.010. Adoption of Mechanical Code by Reference.
A. Except as hereinafter provided, Chapters 4 through
17, Chapter 19, Chapter 20 and Appendices A and C of that certain
Mechanical Code known and designated as the "Uniform Mechanical
Code, 1988 Edition", jointly prepared by the International
Conference of Building Officials and the International
Association of Plumbing and Mechanical Officials, together with
all amendments to the Uniform Mechanical Code, 1985 Edition, as
set forth in Title 29, Mechanical Code of the County of Los
Angeles, as amended and in effect on December 1, 1989 are hereby
adopted by reference. Sections 15.12.020, et seq., of Chapter
15.12 of Title 15 of the Rolling Hills Municipal Code are hereby
readopted. All the above mentioned codes, amendments and
sections shall constitute the Mechanical Code of the City of
Rolling Hills.
One copy of the Uniform Mechanical Code, Title 29 and
Sections 15.12.020, et seq. of Chapter 15.12 of Title 15 of the
Rolling Hills Municipal Code have been deposited in the office of
the City Clerk of the City of Rolling Hills and shall be at all
times maintained by the Clerk for use and examination by the
public.
15.12.040. Penaltv For Violation.
A. No person, firm or corporation shall erect,
install, alter, repair, relocate, add to, replace, use or
maintain heating, ventilating, comfort cooling, or refrigeration
equipment in the jurisdiction, or cause the same to be done,
contrary to or in violation of any of the provisions of the
Mechanical Code. Maintenance of equipment which was unlawful at
the time it was installed, and which would be unlawful under said
Mechanical Code, shall constitute a continuing violation of said
Mechanical Code.
B. Any person, firm or corporation violating any of
the provisions of said Mechanical Code shall be deemed guilty of
a misdemeanor, and each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of any of the provisions of said Mechanical
Code is committed, continued, or permitted, and upon conviction
of any such violation, such person shall be punishable by a fine
of not more than one thousand ($1,000.OD) dollars or by imprison-
ment in the County Jail for a period of not more than six (6)
months, or by both such fine and imprisonment.
Section 7. Notwithstanding the provisions of
Section 6 of this Ordinance, the Mechanical Code referred to in
said Section 6 is amended as follows:
891204 jtv 5230073 (2)
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35
(a) The exception to Subsection 302(b) of Title 29 of
the Los Angeles County Code is amended to read:
EXCEPTION: Identical appliances of 100,000 Btu or less,
installed in a single building:
Up to and including 10 ........... 50 percent of the permit fee
For each appliance over 10 ....... An additional 5 percent of its
permit fee
(b) The Group R Occupancies category of Section 417 of
the Mechanical Code is amended to read:
Group R Occupancies:
W Division 1. Hotels and apartments. Convents and monasteries
m (each accommodating more than 10 persons).
Q -
Division 2. Not used.
Division 3. Dwellings and lodging houses, large and small day-
care homes.
(c) Section 423 is amended by changing the definition
of Mechanical Code as follows:
The Mechanical -Code is the 1988 Edition of the Uniform
Mechanical Code, including Appendices A and C, as jointly
published by the International Conference of Building Officials
and the International Association of Plumbing and Mechanical
Officials.
(d) Section 423 of the Mechanical Code is'amended by
adding the following definition to read:
Mechanical Code Standards are the Uniform Mechanical
Code Standards included in Appendix A of the 1988 Edition of the
Uniform Mechanical Code.
(e) The previously enacted amendment to Section 423 of
the Plumbing Code, defining Unusually Tight Construction, is
repealed.
(f) Subsection 601(b)l of the Mechanical Code is
repealed.
(g) The previously enacted amendment which added the
note at the end of the Mechanical Code Section 607 is repealed.
(h) The exception to Subsection 704.5 of the
Mechanical Code is amended to read as follows:
891204 i 1 5230073 (2) -11-
36
EXCEPTION: Direct vented furnaces, enclosed
furnaces and electric heating furnaces. Access to furnace
located in an attic or under -floor crawl space may be through a
closet, including closets in bedrooms and bathrooms.
(i) Subsection 2003(g)4 of the Mechanical Code is
amended to read as follows:
4. Type I hoods where the cooking equipment
includes low temperature appliances such as medium -to -low
temperature ranges, roasters, roasting ovens, pastry ovens and
equipment approved for use under a Type II hood.
Section 8. The modifications to the Building Code,
Electrical Code, Plumbing Code and Mechanical Code that have
previously been enacted are merely a continuation of the Rolling
Hills Building, Electrical, Plumbing and Mechanical Codes, and
all of the changes and modifications to the Building, Electrical,
Plumbing and Mechanical Codes, -whether previously enacted or
enacted in this ordinance, are reasonably necessary because of
local climate, characterized by hot, dry summers, followed by
strong Santa Ana winds and heavy winter rains, the location in
Southern California and the hilly terrain characterized by
instability.
Section 9. State law requires that localities adopt
the Uniform Building Codes and any modifications thereto, by
December 28, 1989. It is essential that the City have in effect
on that date a building code that comports with state law and
contains those modifications necessitated by unique geographic,
geologic and climatic conditions. In the absence of immediate
effectiveness, the provisions of the building code unique to the
City's special circumstances will not be in place and this will
have a detrimental effect on the public, health, safety and
welfare. The modifications to the Uniform Building Codes contain
vital provisions regarding administrative procedures, roofing
materials, sprinkling requirements, and other similar matters
necessitated by the City's exposure to Santa Ana winds and hilly
terrain characterized by instability. For these reasons, the
public health, safety and welfare require that this ordinance
take effect immediately. This is an urgency ordinance.
891204 J 1 5230073 (2) -12-
3'7
Section 10. This Ordinance shall become operative
December 28, 1989.
PASSED, APPROVED and ADOPTED this 11th day of
December 1989.
Mayor
ATTEST:
City Clerk
W
m
Q
The foregoing Urgency Ordinance No. U-52 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY
REFERENCE THE UNIFORM BUILDING CODE, 1988 EIDITION, AND
AMENDMENTS THERETO; LOS ANGELES COUNTY CODE, ELECTRICAL
CODE, TITLE 27; THE UNIFORM PLUMBING CODE, 1988 EDITION,
AND AMENDMENTS THERETO; THE UNIFORM MECHANICAL CODE, 1988
EDITION, AND AMENDMENTS THERETO; ADOPTING AMENDMENTS TO
SAID CODES, READOPTING PORTIONS OF TITLE 15 OF THE
ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF
was adopted at a regular meeting of the City Council of the
City of Rolling Hills on December 11,.1989 by the following
vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell
Swanson, Mayor Leeuwenburgh
- NOES: None
ABSENT: None
$91204 j 1 5230073 (2) -13-
ORDINANCE N0. 223
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A FEE FOR SPECIAL LAW
ENFORCEMENT SERVICES IN RESPONSE TO PARTIES
AND GATHERINGS AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. Title 9 of the Rolling Hills Municipal Code
is amended by adding thereto a new Chapter 9.38 to read:
Chapter 9.38 Unruly Gatherings
9.38.010. Purpose.
The City Council finds that parties or gatherings at
private residences within the City may, on occasion, disturb the
public peace, safety and welfare thereby requiring law
enforcement services over and above those normally provided. It
is in the best interests of the public safety, welfare, and
convenience of the City as well as in fairness to its citizens
that the City require those persons utilizing or requiring law
enforcement services beyond those provided the public at large to
defray the City's expense for providing the same.
9.38.020. Procedure.
When a party, gathering or other assemblage of persons
occurs on private property -and is determined by a Sheriff's
deputy at the scene to constitute a violation of the California
Penal Code or is otherwise a threat to the public peace, health,
safety or welfare due to the magnitude of the crowd, noise or
disturbance or unruly behavior generated by the gathering,
excessive traffic, or destruction of property, then the deputy
shall take such actions and give such direction as is necessary
to abate the violation or condition and shall advise the
responsible party orally and in writing that if additional law
enforcement personnel are required to abate the condition, that
the responsible party and/or property owner shall be held
responsible for the cost of providing such services pursuant to
this.Chapter. Direction shall be given to the person responsible
for the event or on whose property it is located. If the
condition is not voluntarily abated or if it nevertheless becomes
necessary to call in additional Sheriff's personnel in order to
terminate the gathering, quell any disturbance, direct traffic,
cite illegally parked vehicles or otherwise respond to the
situation, then the cost of such additional law enforcement
services beyond the initial response shall be reimbursed to the
City as provided in Section 9.38.030.
9.38.030. Cost Reimbursement.
The person or persons responsible for a gathering
described in Section 9.38.020 or on whose property the gathering
is held, or if such person is a minor then the parents or legal
guardians of the minor, shall be jointly and severally liable for
the following costs attributable to the event:
(a) The actual cost to the City of law
enforcement services beyond the initial response by a sheriff's
deputy necessary to abate the conditions described in Section
9.38.020;
(� (b) Damage to public property resulting from such
law enforcement response; and
W (c) Injuries to law enforcement personnel
c] incurred in such law enforcement response.
Q -
The Sheriff's Department shall accurately compute the
cost of providing such services in accordance with the schedule
of rates and charges for personnel and equipment contained in the
law enforcement services agreement with the City and advise the
City Manager of such costs, as well as any other costs of damage
to public property or injuries to personnel resulting from the
law enforcement response. The person responsible for the event.
as above described shall be billed for these costs by the City
Manager upon notice of the charges from the Sheriff and payment
shall be due and payable within fifteen (15) days of the billing
date. Should the amount due not be paid, the City may collect
the debt, as well as any costs incurred in collecting the debt
due to nonpayment, pursuant to any available provision of law.
9.38.040. Written -Notice.
The Sheriff is hereby authorized and directed to
prepare appropriate advisory procedures to be followed by
deputies responding to a large gathering, including preparation
of written materials advising the responsible person or persons
of the provisions of this Chapter.
PASSED, APPROVED and ADOPTED this 12th day of
February , 1990.
Co 0J "Q�Q-U LUA"
Mayor
ATTEST:
Deputy City Clerk
900118 ajh 0560031 (2)
PTV
Dim
E
The foreqoing Ordinance No. 223 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING
A FEE FOR SPECIAL LAW ENFORCEMENT SERVICES IN RESPONSE
TO PARTIES AND GATHERINGS AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE
was adopted at a regular meeting of the Rolling Hills
City Council on Feburary 12, 1990 by the following vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell
Swanson, Mayor Leeuwenburgh
NOES: None
ABSENT: None
ORDINANCE NO. 224
AN ORDINANCE OF THE CITY OF ROLLING HILLS
GOVERNING FRANCHISES FOR CABLE TELEVISION
SYSTEMS GRANTED BY THE CITY AND AMENDING
TITLE 5 OF THE ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
Section 1. Title 5 of the Rolling Hills Municipal Code
is hereby amended by adding a new Chapter 5.08 to read as
follows:
"Chapter 5.08. Cable Television System Franchises"
PART I. GENERAL PROVISIONS
5.08.010 Intent.
A. California Government Code Section 53066 provides
that the City may, pursuant to such provisions as may be pre-
scribed by its governing body, authorize by franchise or license
the construction of a community antenna television system, and
prescribe such rules and regulations as it deems advisable to
protect the individual subscribers to the services of such com-
munity antenna television system. It is the intent of this
chapter to achieve such objectives and thereby safeguard the
local public interest by promoting the welfare, safety and
convenience of the general public.
B. This chapter shall be construed in a manner con-
sistent with all applicable federal and state laws. If the
Federal Communications Commission or the California Public
Utilities Commission, or any other federal or state agency, shall
hereafter exercise any paramount jurisdiction over any specific
provisions of this chapter, such paramount jurisdiction shall
preempt or preclude the exercise of like jurisdiction by the
City. Modification of a federal or state law or regulation
shall, to the extent applicable to the City, be deemed a part of
this chapter as of the effective date of such modification.
C. If the Federal Communications Commission deregu-
lates any area of cable communications over which it currently
exercises jurisdiction in such manner as to expand rather than
limit municipal regulatory authority, any franchise authorized
pursuant to this chapter shall be deemed automatically amended to
Incorporate such new municipal regulatory powers, and the City
may, in its discretion, adopt additional rules and regulations
related thereto.
41
42
5.08.020 Definitions.
For the purpose of this chapter, the following terms,
phrases, words, abbreviations and their derivations shall have
the meaning given herein. Words used in the present tense in-
clude the future tense, words in the plural number include the
singular number, and words in the singular number include the
plural number. words not defined shall be given their common and
ordinary meaning.
A. "Cable Communication System" or "System", also
referred to as "Cable Television Systes", "Cable System", OCM
System", or "Community Antenna Television System", means a
facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment,
that is designed to provide cable service, including video pro-
gramming, and which is provided to multiple subscribers within
the community. Such terms do not include:
(1) A facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(2) A facility that serves only subscribers in
one or more multiple -unit dwellings under common ownership,
control, or management, unless such facility uses any public
right-of-way;
(3) A facility of a common carrier, except that
such facility shall be considered a cable system to the extent
such facility is used in the transmission of video programming
directly to subscribers; or
(t) Any facilities of any electric utility used
solely for operating its electric utility system.
B. "Cable Service" means the total of the following:
(1) The one-way transmission to subscribers of
video programming or other programming service; and
(2) Subscriber interaction, if any, which is
required for the selection of such video programming or other
programming service.
C. "Channel" or "Cable Channel" means a portion of
the electromagnetic frequency spectrum which is used in a cable
system and which is capable of delivering a television channel as
defined by the Federal Communications Commission.
D. 89Lt,y" means the City of Rolling Hills.
E. "Council" means the City Council of the .City of
Rolling Hills.
SMU IM ewr 6 —2—
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F. 0=0 means the Federal Communications Commission,
or any duly designated successor agency.
G. *Franchise* means any authorisation granted by the
Council pursuant to this chapter, whether designated as a fran-
chise, license, permit, privilege, or otherwise, to construct,
operate or maintain a cable television system in the City.
H. "Franchise Agreement" means an express written
agreement, approved by -ordinance of the Council, containing the
specific terms and provisions of the franchise granted, including
specifications, operational requirements and other related
matters .
I. "Grants*" moans any person granted a franchise
T -i pursuant to this chapter and the ordinance approving a Franchise
W Agreement, and its authorized successor, transferee or assignee.
Q J. "Gross Receipts" or *Annual Gross Receipts" means
any and all revenues, income, compensation or other consideration
in any form received by Grantee each year which is derived from
or attributable to all operations of the cable television system
within the designated franchise service area, including, without
limitation, receipts from subscribers or other .users, leased
channels, pay -television, advertising, basic services, premium
services and special services; provided, however, that "gross -
receipts" shall not include refundable deposits, installation or
line extension charges, or any sales or excise taxes on services
furnished by the Grantee.and which are collected by the Grantee
for direct pass-through to local, state or federal governmental
entities.
R. OLockbox" means a parental control device, either
in the form of a separate unit or incorporated into a descrambler
or other piece of equipment used to provide cable television
service, which is made operational by a key or by a code, and
which enables the subscriber to prevent the viewing of any pay
channel offering adult programming.
L. *prMrty of Grantee* means all property owned,
Installed or used by a Grantee in the conduct of a cable tele-
vision system in the City under the authority of a franchise
granted pursuant to this chapter.
x. "Public. Educational or Governmental Access
Facilities" or "PEG Access Facilities" means the total of the
following:
(1) Channel capacity designated for public,
educational, or governmental use; and
(2) Facilities and equipment for the utilization
of such channel capacity.
IMM too VAM21 0 �3-
FE
N. "Street" means each of the following which has
been or is hereafter dedicated to the public, maintained under
public authority, and located within the City limits: streets,
roadways, highways, avenues, lanes, alleys, sidewalks, easements,
rights-of-way and similar public property and areas.
O. "Subscriber" means any person or entity receiving
for any purpose service provided by Grantee's cable television
system.
., _
A nonexclusive franchise to construct, operate and
maintain a cable television system in the City may be authorized
and granted by ordinance of the Council to any individual or
entity offering to construct, operate and maintain such system in
compliance with the terms and provisions of this chapter.
5.08.040__,,Scooe of the Franchise.
A franchise granted pursuant to the provisions of this
chapter shall authorize the Grantee to do the following:
A. To engage in the business of providing cable
television service and to distribute and sell such service to
subscribers within the designated franchise service area.
8. To install, operate and maintain property of the
Grantee for the origination, collection, transmission,
amplification, distribution and reception of television and radio
signals.
C. To erect, install, construct, repair, replace,
reconstruct, maintain and retain in, on, under, along and across
the public streets or, other public places within the designated
franchise service area such wires, cables, poles, antennae, con-
ductors, ducts, conduits, vaults, manholes, amplifiers, pedes-
tals, appliances, attachments and other appurtenances as may be
required for the construction, operation and maintenance of the
cable television system.
5.08.050 Term of the Franchise and Grantee's
hcce tance.
A. TgTJ•
A franchise granted hereunder shall be for the term
specified in the Franchise Agreement, which term shall not
exceed fifteen (15) years. Said term shall commence on the
effective date of the ordinance authorizing the franchise or on
the date specified in that ordinance as the effective date of the
franchise.
gnu IM VJMM 0
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45
a. tical.
A franchise granted hereunder may, in the sole dis-
cretion of the Council, be renewed folloving application by the
Grantee pursuant to the provisions of applicable state and
federal lay.
5.08.060 Franchise Service Area.
The franchise service area may be all or any designated
portion of territory within the City.
I� PART II. APPLICATION FOR AND GRANTING OF FRANCHISE
(� 5.08.070 Application - Required.
m Any person desiring a franchise for a cable television
Q system, or the transfer or renewal of an existing franchise,
shall file an application with the City. A nonrefundable appli-
cation fee in an amount established by resolution of the Council
shall accompany the application to cover initial costs associated
with processing and reviewing the application. In addition, upon
the issuance of a new franchise, the renewal of an existing fran-
chise, or the transfer of a franchise, the Grantee shall reim-
burse the City for all additional processing costs and expenses
not covered by the initial application fee including, without
limitation, the publication of notices and ordinances, the draft-
ing of franchise ordinances and agreements, and consultants' fees
and City Attorney or special counsel fees. Grantee shall reim-
burse such costs and expenses within thirty (30) days after
receipt from the City of an itemized statement setting forth
such additional costs and expenses.
5.08.080 Application - Contents.
The application for issuance of a franchise, or for
transfer or renewal of a franchise, shall contain the folloving
information, as applicable:
A. The name and principal business address of the
applicant, and the exact name, including any fictitious business
name, if applicable, under which the cable television system is
to be operated. k -
1. If the applicant is a general partnership or
a joint venture, the name and address of each partner or joint
venturer shall be set forth, and there shall be submitted a copy
of any partnership or joint venture agreement, certified as true
and correct by a responsible managing officer of the applicant.
2. if the.applicant is a limited partnership,
there.shall be submitted a copy of the limited partnership agree-
ment, if any, and the certificate of limited partnership as filed
Neu := asi" 0 -S-
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with the County Clerk, which documents shall be certified as true
and correct by a responsible managing officer of the applicant.
3. If the applicant is a corporation, or a
partner of any partnership or joint venture is a corporation,
then the name of the corporation shall be set forth exactly as
shown in the Articles of Incorporation, together with any
authorizations to issue or transfer stock, as well as proof that
said corporation is in good standing and, if a foreign corpora-
tion, duly authorized to transact business in the State of
California. A corporate applicant shall also submit a list of
the names and addresses of all officers, directors and principal
management employees, and of all persons having a legal or equit-
able ownership interest in ten percent (10%) or more of the
applicant's voting stock. The names and addresses of parent and
subsidiary companies shall also be submitted.
B. A resumb of the prior business history of appli-
cant, including the experience of applicant in constructing,
operating and maintaining a cable television system;
C. A description of the education and business back-
ground of each officer, director and managing employee of the
applicant;
D. A current audited financial statement of applicant
prepared by a certified public accountant, evidencing applicant's
financial status and financial ability to undertake and complete _
the construction or reconstruction, operation and maintenance of
a cable television system;
E. A description of the cable television system pro-
posed to be constructed, reconstructed, operated and maintained
by the applicant and the schedule therefor; the proposed location
of such system and its various components, the manner in which
applicant proposes to construct, reconstruct, maintain and oper-
ate the same; and the extent and manner in which existing or
future poles or other facilities of public utilities will be used
for such system.
E. A description of the existing or proposed public
streets and public places within which applicant seeks authority
to construct, reconstruct, operate and maintain any cable tele-
vision system equipment or facilities; a description of the
equipment or facilities proposed to be constructed, recon-
structed, operated or maintained therein; and the proposed
specific location thereof.
G. A map delineating the proposed franchise service
area within which applicant proposes to provide cable television
services, and the location of any proposed or existing antenna
site and local business office.
IMM im 056M 0
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H. A statement or schedule of proposed rates and
charges to subscribers for installation and services, and a copy
of any proposed service agreement between the applicant and its
subscribers.
I. A copy of any contract, if existing, between the
applicant and any public utility providing for the use of facili-
ties of such public utility, such as poles, lines or conduits.
J. A statement setting forth all agreements and
understandings, whether written, oral or implied, existing
between the applicant and any person, firm or corporation with
respect to the proposed franchise or the proposed cable tele-
vision system operation. if a franchise is granted to a person,
T -i firm or corporation posing as a front or "alter ego* for another
W person, firm or corporation, and such information is not dis-
CO closed in the application, the franchise shall be'deemed void and
Q of no force and. effect. -
x. A market survey and economic analysis. of the pro-
posed franchise service area, including number of homes, popula-
tion, income brackets and existing demand for cable television
service, if available;.
L. A statement signed by a responsible managing offi-
cer of the applicant indicating whether any officer, director or
principal management employee:
1. Has over .been convicted or held liable for
acts involving moral turpitude (including, but not limited to,
charges brought by any federal or state agency, or violations of
any tax or securities law), or is presently subject to any in-
dictment, investigation or complaint charging such acts;'
2. Has ever had a judgment in an action for
fraud, deceit or misrepresentation entered against his or her by
any court of competent jurisdiction; or
2. Has pending any legal claim, lawsuit or
administrative proceeding arising out of or involving a cable
television system.
H. Any additional information that the City reason-
ably deems to be necessary in evaluating the technical, financial
and legal capabilities of the applicant.
Notwithstanding the provisions of Section 5.08.874, the
Council say, by advertisement or any other means, solicit appli-
cations for cable television system franchises, and say determine
and fix any date upon or after which the same shall be received
by the City, or the date before which the same suet be received,
IMU IM OW21 0 -7-
or the data after which the same shall not be received, and may
make any other determinations and specify any other times, terms,
conditions, or limitations respecting the solicitation and
receipt of such applications.
5.08.100 Review. ReR2rt and Setting for Public Hear-
ing
A. Upon receipt of any application for a franchise,
whether submitted pursuant to Section 5.08.070 or Section
5.08.090, the application shall be referred to the City Manager
for a report and recommendations concerning such application.
B. Upon receipt of the City Manager's report and
recommendations, the City Clerk shall set a time and date for a
hearing by the Council on the application.
5.088_110 Notice of H ag�i »
Not less than fifteen (15) days before the hearing, the
City Clerk shall give to the applicant notice in vriting of the
time, date and place of hearing. The City Clerk shall serve such
notice upon the applicant, either by first-class mail, postage
prepaid, or by personal delivery..
.5.08.120 Posting and Publishing Notice.
Not less than fifteen (1S) days prior to the hearing,
the City Clerk shall.cause a notice to be posted in three places
within the area proposed to be served by the applicant stating
the time, date and place of the hearing. The City Clerk shall
publish in a newspaper of general circulation distributed within
the area proposed to be served, and pursuant to Section 6063 of
the Government Code, the same notice as is required to be posted.
5.08.130 Comments by Interested Persons.
At any time after the filing of an application as pro-
vided in this chapter, and prior to the hearing thereon, any
interested person may file with the City Clerk written comments,
protests, or suggestions relating to the granting of the fran-
chise, or to any proposed terms and conditions of the franchise.
1,08.140 Conduct of the Rearing.
At the time and place set for the hearing, or at any
continuation thereof, the Council shall hear the applicant, who
nay present any relevant evidence to shoe why the franchise
should be granted, or why certain terms or conditions should or
should not be imposed on such franchise if granted. The Council
shall also receive testimony or statements from other persons who
may attend the hearing.
9=9 I" osa" I —a—
49
S.08.150 Decision lifter Hearing.
A. Within thirty (30) days after the close of the
hearing, and based upon the evidence received at the hearing, the
Council shall make a decision as to whether the application
should be granted, and, if granted, subject to what conditions.
The Council may grant one or more franchises, or may decline to
grant any franchise. The Council shall send a copy of its deci-
sion to the applicant.
Grantee's agreement -to be bound by, to comply with, and to do all
things required of Grantee by the provisions of this chapter and
the Franchise Agreement. If any 'of such conditions are not
satisfied in the time and manner required hereunder, the Council
may declare the franchise null and void.
FART III. FRANCHISE REQUIREMENTS
.160 Standards for Minimum Service and ConsuM
protect.
Standards for minimum service and standards governing
consumer protection, including Grantee's response to subscriber
complaints, which standards are not otherwise provided for in
this chapter, may be specified in the Franchise Agreement.
Grantee shall comply with all such standards in the operation of
the cable television system.
5,08,170 Franchise Fee.
A. Following the issuance and acceptance of the fran-
chise, Grantee shall pay to the City a franchise fee of five
percent (5%) of the annual gross receipts, as defined herein, at
such times and in accordance with such procedures as may be set
forth in the Franchise Agreement.
H. The Grantee shall file with the City's Director of
Finance, at a time specified in the Franchise Agreement but not
Ina t.. Mott 0 -9-
B. The award of
any franchise by the
Counc i 1 may be
made on the basis of quality
of service, rates to
the subscriber,
income to the City, experience and financial responsibility of
the applicant, plus any.other consideration that
will safeguard
the local public interest.
W
[�
C. Grantee's Acceptance
Q
Within twenty-five
(25) days after the
effective date
of the ordinance awarding or
renewing a franchise,
or within such
extended period of time as
the Council in its
discretion may
authorize, the Grantee shall
file with the City Clerk
its vritten
acceptance thereof, in form
and content satisfactory to the City
Attorney, together with any
performance bond and
insurance poli-
cies or certificates required by the Franchise
Agreement, and
Grantee's agreement -to be bound by, to comply with, and to do all
things required of Grantee by the provisions of this chapter and
the Franchise Agreement. If any 'of such conditions are not
satisfied in the time and manner required hereunder, the Council
may declare the franchise null and void.
FART III. FRANCHISE REQUIREMENTS
.160 Standards for Minimum Service and ConsuM
protect.
Standards for minimum service and standards governing
consumer protection, including Grantee's response to subscriber
complaints, which standards are not otherwise provided for in
this chapter, may be specified in the Franchise Agreement.
Grantee shall comply with all such standards in the operation of
the cable television system.
5,08,170 Franchise Fee.
A. Following the issuance and acceptance of the fran-
chise, Grantee shall pay to the City a franchise fee of five
percent (5%) of the annual gross receipts, as defined herein, at
such times and in accordance with such procedures as may be set
forth in the Franchise Agreement.
H. The Grantee shall file with the City's Director of
Finance, at a time specified in the Franchise Agreement but not
Ina t.. Mott 0 -9-
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later than ninety (90) days after the expiration of any calendar
year or portion thereof during which the franchise is in force, a
financial statement prepared by a certified public accountant, or
other qualified person satisfactory to the City, setting forth in
detail the annual gross receipts of Grantee during the preceding
calendar year or portion thereof. It shall be the duty of the
Grantee to pay to the City, within fifteen (15) days after the
time for filing such financial statement, the sum hereinabove
prescribed or any unpaid balance thereof for the calendar year or
portion thereof covered by such statement.
C. The City shall have the right to inspect the
Grantee's records showing the annual gross receipts on which its
franchise fee is computed and the right of audit and recompute -
tion of any and all amounts paid under this chapter. No accep-
tance of any payment shall be construed as a release or as an
accord and satisfaction of any claim the City may have for
further or additional sums payable under this chapter or for the
performance of any other obligation hereunder.
D. Upon any holding over after expiration or other
termination of any franchise granted hereunder, without the
express written consent of the City, the Grantee shall pay to the
City reasonable compensation and damages of not less than one
hundred percent (10o%) of its total gross profits attributable to
all operations of the cable: television system within the fran-
chise service area during. said period.
M61-:. , . �9Ci't3fiiT
The Franchise Agreement between the City and the
Grantee of a cable television system franchise may include terms
and provisions relating to one or more, or any combination of,
the following forms of security to guarantee performance of the
Grantee's obligations:
A. Security Fund.
1. The City may require Grantee to deposit into
an interest-bearing bank account, established or approved by the
City, a sum established by the City as a security fund. This sun
shall be maintained on deposit throughout the term of the fran-
chise, and all interest thereon shall be payable to Grantee.
2. The security fund shall be available to City
to satisfy any and all claims, penalties, liens, fees, payments,
costs, damages, or taxes due City from Grantee which arise by
reason of construction, operation, or maintenance of the cable
television system. •
2. Grantee may withdraw any interest accrued on
the security fund at any time. However, during the existence of
the security fund, Grantee shall not withdraw any part of the
principal amount without the prior written consent of the City.
emu t.. amour 0 -10-
51
1. Subject to City approval, these security fund
requirements may be satisfied by an irrevocable letter of credit
in favor of the City and in a form approved by City.
S. After notice and hearing requirements speci-
fied in this chapter have been satisfied, if the Grantee fails or
refuses to pay to the City any amounts due under the terms and
provisions of this chapter or the Franchise Agreement, the City
may thereafter withdraw from the security fund the amount there-
of, plus accrued interest and penalties. Upon such withdrawal,
the City shall give written notice to Grantee of the amount and
date of withdrawal.
6. Within thirty (30) days after receipt of
(„v written notice from the City to Grantee that any amount has been
m withdrawn from the security fund by the City to satisfy any of
Q Grantee's obligations specified in subsection 2 above, the
Grantee shall deposit sufficient monies to restore the security
fund.to the amount required by the Franchise Agreement.
7. Any security fund established by a Franchise
Agreement shall become the property of the City if the franchise
is revoked for cause by reason of any violation of the Grantee as
specified in Section 5.08.300 B.6. Within ninety (90) days after
expiration of the term of the franchise, Grantee shall be
entitled to the, proceeds of the security fund then on deposit,
provided, however, that Grantee is not then in default of its
obligations under the Franchise Agreement.
S. The rights reserved to the City with respect
to the security fund shall be in addition to all other rights of
the City pursuant to this chapter and the Franchise Agreement;
and the City's exercise of rights with respect to the security
fund shall not constitute an election of remedies or a waiver of
any other rights the City may have.
1. Concurrently with Grantee's acceptance of the
grant of a new franchise, or the renewal of an existing fran-
chise, either of which requires significant construction or
reconstruction of the cable television system, and prior to the
commencement by Grantee of any such work, the' City may require
the Grantee to file with the City Clerk a performance bond in
such form and in such amount as may be specified in the Franchise
Agreement.
2. Any performance bond so filed shall be in a
form approved by the City Attorney and may be reduced in prin-
cipal amount or exonerated upon completion and City approval of
all work of construction or reconstruction required by the
Franchise Agreement.
IMU lea Owls 0 -11-
52
5.06.190 Promotion of Local Cable,Osa_gs.
A. In connection with any franchise granted, City
shall have the right to establish a commission, committee,
association, corporation or other entity to receive and allocate
support funds, facilities, equipment or other consideration to be
provided by Grantee or other sources to develop, provide and
manage public, educational and governmental access facilities.
9. Grantee's obligations to support or promote PEG
access facilities, or to provide channel capacity, cabling,
interface equipment or other technical assistance, shall be
specified in the Franchise Agreement.
5.06.200 Design, Construction and Maintenance
$euuiremgnts.
A. The property of Grantee to be constructed and
operated under the franchise shall be constructed of first-class
materials in a good and workmanlike manner and shall be main-
tained at all times in good working condition.
S. Unless otherwise provided in the Franchise Agree-
ment, Grantee shall design and construct the cable television
system to pass every single-family dwelling unit, school and
governmental building within the designated franchise service
area.
C. After activating trunk cables to establish service
for any area, Grantee shall provide cable service to any request-
ing subscriber within that area not later than thirty (30) days
from the data of request.
D. The Grantee shall not deny access to cable service
to any group of potential residential cable subscribers because
of the income of the residents of the local area in which the
group resides; provided, however, that Grantee shall not be
required to build a line extension to a residence if Grantee
reasonably demonstrates that it is too remote and that the cost
to wire is substantially above the average cost of providing
cable television service in the City.
E. Grantee shall not construct or install any poles,
conduits or other system facilities within City streets until
the Grantee has secured all necessary permits, approvals or other
authorization from the City, and has obtained any required con-
sent from the Federal Aviation Administration to erect and main-
tain antennas for the operation of the cable television system.
F. No poles or attachments thereto shall be erected
or maintained by Grantee in any public street or private easement
in which there then exists or is being erected a pole line of any
public or private entity engaged in service to the public as an
electric or telephone utility, and such pole line is or will be
IMU IM Mout • —12-
53
reasonably available for use by the Grantee pursuant to a pole
line rental agreement.
G. In those areas of the City where transmission or
distribution facilities of any public utility providing telephone
or electric power service are underground, the Grantee shall
likewise construct and maintain its transmission or distribution
facilities underground.
H. In those areas of the City where Grantee's cables
are located on the above -ground transmission or distribution
facilities of a public utility providing telephone or electric
power service, and if such public utility facilities or any part
thereof are subsequently placed underground, then the Grantee
t -i shall likewise reconstruct, operate and maintain its transmission
or distribution facilities underground.
I. Amplifiers and other electrical facilities to ser-
vice underground cables may be pad -mounted. .
J. If any portion of a street is damaged by reason
of the installation or maintenance of any facility constructed
under a franchise, the Grantee shall,- at its sole expense, im-
mediately following written or oral notification thereof, repair
such damage and put such street in as good condition as it was
before such damage, to the satisfaction of the City Manager or
his designee. Verbal notification will be confirmed by the City
in writing within forty-eight (48)'hours.
K." Grantee shall maintain and upgrade the cable tele-
vision system and cable services to reflect those technological
and economic advancements during the term of the franchise which
will benefit the public in terms of new and more effective and
efficient service.
L. The Grantee of the cable television system fran-
chise shall make lockboxes available to subscribers without
charge.
M. Grantee shall neither remove any tree, nor trim
any portion of a tree, either above, at or below ground level,
on public property without the prior consent of City. City shall
have the right to undertake any tree removal or tree trimming
requested by Grantee at Grantee's expense.
N. Grantee shall comply with all applicable building
codes and permit procedures of the City. City shall be entitled
to charge reasonable permit and inspection fees to recover all
Inspection costs attributable to construction or reconstruction
of the cable television system.
O. Grantee shall, at its expense, protect, support,
temporarily disconnect, relocate or remove .from any City street
or public place any property of the Grantee when so directed by
OMM t« Duerr 0 —13-
54
the Director of Public Works by reason of traffic conditions,
public safety, street vacation, freeway and street construction
or realignment, grade separation, change or establishment of
street grade, installation of sewers, drains, water pipes, power
lines, signals, tracks or any other structures, facilities or
improvements undertaken or authorised by the City or other public
agencies having jurisdiction; provided, however, that in all such
cases Grantee shall have the right to abandon its property in
place, in accordance with the applicable provisions of Section
5.08.320.
P. All transmission lines, equipment and structures
shall be installed and located so as to minimise interference
with the rights and convenience of property owners. The Grantee
shall, at all times, use ordinary care and shall utilise commonly
accepted methods and devices to prevent failures and accidents
which may cause damage, injuries or nuisances to the public.
Suitable barricades, flags, lights, flares and other devices
shall be used at such times and places as are reasonably required
for the safety of the public. Poles or other fixtures placed in
any street or public way by the Grantee shall be placed so as not
to interfere with normal pedestrian and vehicular traffic.
A. Grantee shall construct, operate and maintain its
cable television system in compliance with all laws, ordinances,
construction standards, governmental requirements, FCC technical
standards, and any other detailed standards submitted by the
Grantee as part of its application and approved by the City. Any
modification of FCC technical standards shall, to the extent
applicable, be deemed a part of the franchise as of the effective
date of the modification.
B. During the term of the franchise, Grantee shall
maintain FCC technical standards and quality of service as set
forth in this chapter and the Franchise Agreement. Should the
City determine that the Grantee has failed to maintain FCC
technical standards and quality of service, and should the City
specifically identify improvements to be made, the Grantee shall
make such improvements. Failure to make such improvements shall
constitute a material breach of the franchise, as provided in
Section 5.08.290.
C. The Franchise Agreement entered into by City and
Grantee may contain technical and signal quality standards ex-
ceeding the standards required by the FCC. it it becomes neces-
-14-
Q. City shall have the
right to
inspect Grantee's
property,
and all construction and installation
work performed by
Grantee,
and to perform such tests
as it say
dees necessary in
order to
ensure compliance with the
terms and
provisions of the
Franchise
Agreement, this chapter,
and other
applicable laws,
ordinances and regulations.
1.08.210 Technical Standards.
A. Grantee shall construct, operate and maintain its
cable television system in compliance with all laws, ordinances,
construction standards, governmental requirements, FCC technical
standards, and any other detailed standards submitted by the
Grantee as part of its application and approved by the City. Any
modification of FCC technical standards shall, to the extent
applicable, be deemed a part of the franchise as of the effective
date of the modification.
B. During the term of the franchise, Grantee shall
maintain FCC technical standards and quality of service as set
forth in this chapter and the Franchise Agreement. Should the
City determine that the Grantee has failed to maintain FCC
technical standards and quality of service, and should the City
specifically identify improvements to be made, the Grantee shall
make such improvements. Failure to make such improvements shall
constitute a material breach of the franchise, as provided in
Section 5.08.290.
C. The Franchise Agreement entered into by City and
Grantee may contain technical and signal quality standards ex-
ceeding the standards required by the FCC. it it becomes neces-
-14-
55
nary to do so by virtue of preemption by the FCC or otherwise,
Grantee shall cooperate with City and execute all documents
necessary to obtain a waiver of FCC technical standards so as to
facilitate implementation of agreed-upon standards.
x.08.220 Rates and Chafes.
A. If federal laws or regulations are hereafter
amended so as to permit City to regulate the Grantee's rates and
charges for service to subscribers, City reserves the right and
authority to regulate and control such rates and charges and to
amend this chapter to set forth a procedure for reviewing and
approving requests for increases in rates and charges.
B. Grantee shall provide all subscribers, and the
City, with not less than thirty (30) days' prior written notice
W of any proposed changes in rates and charges and any proposed
CO reduction or augmentation of programming services.
Q 5.08.230 Indemnification.
Grantee shall indemnify, defend and hold harmless City,
its officers, agents and employees, from any liability, claims,
damages, costs or expenses, including reasonable attorney's fees,
arising from injury to persons or damages to property proximately
caused by any conduct undertaken by the Grantee, its agents, em-
ployees, or subcontractors, by reason of the franchise. Grantee
shall at its sole cost and expense, upon demand of City, appear
in and defend any and all suits, actions or other legal
proceedings, whether judicial, quasi-judicial, administrative,
legislative or otherwise, instituted by third persons or duly
constituted authorities, against or affecting City, its officers,
agents or employees, and arising out of or pertaining to -the
exercise of rights arising under the franchise.
prance Requirements.
A. on or before the commencement of franchise opera-
tions, the Grantee shall obtain policies of liability, workers'
compensation and property insurance from companies authorized to
transact business in this state by the California Insurance
Commissioner.
B. The policy of liability insurance shall:
1. Be issued to Grantee and naso City, its
officers, agents and employees, as additional insureds;
2. indemnify City against all liability for -per-
sonal and bodily injury, death and damage to property arising
from activities conducted and premises used pursuant to the
Franchise Agreement by providing coverage therefor, including the
following:
Ina :" am" 0 -15-
56
(a) Negligent acts or omissions of Grantee
or its agents, servants and employees, committed in the conduct
of franchise operations; and
(b) Use of motor vehicles.
3. Provide a combined single limit for compre-
hensive general liability and comprehensive automobile liability
insurance in the amount provided for in the Franchise Agreement.
4. Be subject to the review and approval of the
City Attorney.
C. The policy of Workers' Compensation Insurance
shall be in such amount and shall provide such coverage as may be
required by the applicable provisions of the California Labor
Code.
D. The policy of property insurance shall provide
fire insurance with extended coverage, as well as burglary and
theft insurance, on the inventory,. trade' fixtures, furnishings
and equipment to be used by Grantee in the conduct of franchise
operations in an amount specified in the Franchise Agreement
which is adequate to enable Grantee to resume franchise opera-
tions following the occurrence of any of the risks covered by
said insurance.
E. Concurrently .with Grantee's acceptance of the
grant of a new franchise, or the renewal of an existing fran-
chise, Grantee shall file with the City Clerk either certified
copies of said policies or a certificate of insurance for each of
the required policies, executed by the insurance carrier, and
certifying that the policy is in force. The following shall be
provided with respect to each such policy:
I. The named insured and any additional
insureds;
2. The policy number;
3. The date upon which the policy became or will
become effective and the date upon which it will expire;
.4. The type and amount or- limits.of coverage
provided by the insurance;
S. A description of all endorsements that form a
part of the policy.
6. An endorsement providing that written notice
shall be given to City at least thirty (30) calendar days prior
to termination, cancellation or reduction in coverage of the
policy.
Ing tM Owls 0 -16-
5'7
T. If Grantee fails to maintain any of the above-
described policies in full force and effect, City shall have the
right to procure the required insurance and recover the cost
thereof from Grantee. City shall also have the right to termi-
nate and revoke the franchise.
G. The requirements as to the types and limits of
insurance to be maintained by Grantee are not intended to and
shall not in any manner limit or qualify Grantee's liabilities
and obligations under the Franchise agreement or this chapter.
S.M250 ,Franchise Non -Transferable.
A. Consummation of the following transactions related
to any franchise granted by the Council, or involving any Grantee
W of a franchise, shall require the prior consent of the Council
expressed by resolution, and then only under such conditions as
m may therein be prescribed:
1. The sale, transfer, lease, assignment or
other disposition of the franchise, in whole 'or in part, whether
voluntary or involuntary; provided, however, that such consent
shall not be required for a transfer in trust, mortgage or other
hypothecation for the purpose of securing an indebtedness of the
Grantee relating to the construction, reconstruction, operation
or maintenance of the cable television system. A transfer,
assignment or other disposition of a franchise shall be made.only
by an instrument in writing, &.duly executed copy of which shall
be filed in the office of the City Clerk within thirty (30) days
after Council adoption of the resolution consenting to such
transfer, assignment or other disposition.
2. Any merger, consolidation, reorganization,
business combination, or other transaction wherein or. whereby
fifty percent (50%) or more of the ownership interests in the
Grantee will be affected or where control of the Grantee will
change or be subject to change. As used herein, *control* shall
mean the possession, direct or indirect, of the power to direct
or cause the direction of the management and policies of the
Grantee. A duly executed copy of any written instrument evi-
dencing the closing and consummation of any such transaction
shall be filed in the office of the City Clerk within thirty (30)
days after Council adoption of the resolution consenting to such
transaction.
B. In determining whether it shall consent to any
transfer, assignment or other disposition of the franchise, or to
any transaction affecting the control of the Grantee, City may
evaluate the financial, technical, legal and other qualifications
of the proposed transferee or controlling person. Grantee shall
ensure that the proposed transferee or controlling person submits
an application,. in the form required of an initial franchise ap-
plicant, not less than. sixty (60) days prior to the closing date
of the proposed transaction. After considering the financial,
!Nett us OSMM " 0 -iT-
technical, legal and other qualifications of the proposed trans-
feree or controlling person, the Council may by resolution au-
thorise the proposed transaction, subject to such conditions as
may be in the public interest. City's consent to any such trans-
action shall not be unreasonably denied or delayed.
C. Grantee and its proposed transferee or controlling
person shall be jointly and severally responsible for reimburse-
ment to the City of all costs and expenses reasonably incurred in
processing and evaluating the application related to the proposed
transaction, as provided for in Section 5.12.070 of this chapter.
A. Grantee shall provide to the City a copy of the
written report of the results of all annual proof of performance
tests conducted pursuant to FCC standards and requirements.
S. Within ninety (90) days after the end of each
calendar year, Grantee shall submit a written annual report in a
form approved by the City. Said annual report shall include,
without limitation, the following information:
1. A summary of the previous year's activities
in development of the cable television system, including, but not
limited to, cable services commenced or discontinued during the
previous year, and data concerning subscriber participation in
each class or category of service;
2. A statement of construction costs incurred
for component categories of the cable television system;
3. A list of Grantee's current officers,
directors, and principal management personnel;
1. A list of those stockholders or other equity
investors who each own ten percent (10%) or more of the Grantee's
voting stock;
S. A map of those areas where additional cable
television service is planned and a schedule describing the
anticipated implementation;
6. - Naps or lists indicating where any type of
special cable service is available;
7. The numbers of single-family homes passed,
single-family subscribers, multiple -dwelling units passed,
multiple -dwelling unit subscribers, commercial subscribers,
additional cable television outlets, and saturation;
S. A description of any expansion of the cable
television system during the previous year, including a measure,
gnu t= 0660121 1 -ls-
K9
in miles of cable, of such expansion. Expansions to new develop-
ments shall be identified;
9. Copies of blank forms of current subscriber
agreements;
10. Steps taken to ensure that the privacy rights
of individuals are being protected, as required by the provisions
of this chapter;
11. An opinion survey report which identifies
subscribers' satisfaction or dissatisfaction with services
offered by Grantee. The surveys required to prepare said report
(� shall be conducted by Grantee in conformity with such require-
ments, including supervision, as City may prescribe.
W C. Concurrently with the submission of the annual
CO report, Grantee shall also submit to City an annual plant survey
Q report. Said report shall include, but not be limited to, an
engineering evaluation, including suitable electronic measure-
ments, conducted in conformity with such requirements, including
supervision, as City may prescribe. Said report shall be in suf-
ficient detail to enable City to ascertain that the FCC technical
standards and those of the franchise are achieved and maintained.
Should City determine that reasonable grounds exist for conclud-
ing that the technical performance of the cable television system
is inadequate, then, at City's request,. Grantee and City shall
agree upon the appointment of a qualified independent engineer to
evaluate the technical performance of the cable television sys-
tem. The cost of such evaluation shall be borne by Grantee.
D. Grantee shall submit to City copies of all plead-
ings, applications and reports submitted by Grantee to, as well
as copies of all decisions, correspondence and actions by, any
federal, state or local court, regulatory agency, or other
governmental body related to Grantee's cable television opera-
tions within the franchise service area. Grantee shall submit
such documents to City simultaneously with their submission to
such court, agency or body, or within five (S) days after their
receipt from such court, agency or body. Information protected
by law from disclosure and so designated by Grantee, which is
submitted to City, shall be retained in confidence by City and
its authorized agents and shall not be made available for public
inspection.
E. During the term of the franchise, Grantee shall
submit to City a quarterly summary of all complaints received in
the previous calendar quarter, identifying the number and nature
of complaints and their disposition.
F. Grantee shall at all times maintain a complete set
of plans and "as -built" maps showing the exact location of all
cable television system facilities and equipment installed or in
use in the City, excluding subscriber service drops and equipment
"OU I" ON" • -19-
provided in subscribers' homes. Said plans and maps shall be
available to the City for inspection and copying during regular
business hours.
G. Grantee shall prepare and submit to City such
other information or reports with respect to its operations,
transactions or property as may be reasonably necessary or appro-
priate to the performance of any of the rights, functions or
duties of the City or its officers in connection with the fran-
chise. Such information or reports shall be in such form and
submitted at such times as City may reasonably request.
H. All documents and reports submitted to the City
pursuant to this Section, except those protected by law from
disclosure, shall be available for public inspection in the
City's offices during normal business hours.
I. All documents and reports required under this
Section or any provisions of this chapter shall be prepared and
submitted at the sole expense of Grantee.
A. Each year during the term of the franchise, if
requested by the City, Grantee and the City shall meet publicly
to review system performance and quality of service.
B. Reports submitted by Grantee pursuant to the
provisions of this chapter shall be utilized as the basis for
review. In addition, any subscriber may submit comments or
complaints during any review meeting, either orally or in
writing, and these shall be considered. Within thirty (30) days
after the conclusion of a system performance review meeting, City
may issue findings with respect to the adequacy of system
performance and quality of service.
C. If inadequacies are identified, City may direct
Grantee to correct the inadequacies within a reasonable period of
time. Failure of Grantee, after due notice, to correct the in-
adequacies shall be considered a material breach of the fran-
chise, and City may impose any appropriate penalty authorized by
this chapter or the Franchise Agreement.
5.08.280 Interim Review of System Performance and
orality of Service.
A. When numerous subscriber complaints are received,
or where there exists other evidence which, in the judgment of
the City, casts reasonable doubt on the reliability or quality of
cable television service, the City shall have the right to compel
the Grantee to test, analyze and report on the performance of the
system -in order to protect the public against substandard cable
service. Such test or tests shall be made and the report thereof
9=12 lr oMII 1 -20-
W
m
Q
shall be delivered to the City no later than fourteen (14) days
after the City notifies the Grantee that it is exercising such
right. Such report shall include the following information:
the nature of the complaints which" precipitated the special
tests; what system component was tested; the equipment used and
procedures employed in said testing; the results of such tests;
and the procedures by which such complaints were resolved. Any
other information pertinent to the test or tests shall be set
forth.
B. If so requested by the City, said tests and
analyses shall be supervised, at the expense of the Grantee, by a
professional engineer who is not affiliated with the Grantee.
The engineer shall sign all records of such tests and forward
such records to the City with a report interpreting the results
of the tests and recommending actions to be taken.
The City may hold special evaluation sessions at
an
time during the term of the franchise. The Grantee shall be
notified of the place, time and date thereof and the topics to be
discussed. Such sessions shall be open to the public and adver-
tised in a newspaper of general circulation at least fifteen (15)
days prior to the scheduled date.
PART IV. ENFORCEMENT
5.08.300 Remedies for Franchise Violations.
A. Prior to imposing any remedy specified in this
section, City shall give Grantee.written notice and the oppor-
tunity to be heard on the matter, in accordance with the fol-
lowing procedure:
1. The City shall first notify Grantee in
writing, by certified mail, of the violation and demand cor-
rection within a reasonable time. If Grantee fails to correct
the violation within the time prescribed, the City shall then
give Grantee written notice of not less than fifteen (15) days of
a public hearing to be held by the Council. Said notice shall
specify the violation alleged to have occurred.
2. At the
and consider all relevant
Ings and its decision.
3. If the
rected the violation, or
proceedings shall"terminate
public hearing, the Council shall bear
evidence, and thereafter render find -
Council finds that Grantee has cor-
that no violation has occurred, the
and no penalty shall be imposed.
4. If the Council finds that the alleged vio-
lation exists and that Grantee has not corrected the sane in a
9=12 lM OW21 9
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G1
Nul
OEM
satisfactory manner, the Council may impose one or more of the
remedies specified herein as, in its discretion, may be deemed
appropriate under the circumstances.
B. One or more, or any combination of the following
remedies may be authorized by the Council to be imposed for
Grantee's violation of its obligations under this chapter or the
Franchise Agreement:
1. The City may elect to cure the violation and
recover the actual cost thereof from any security fund or perfor-
mance bond required under the terms of the Franchise Agreement;
2. The City may assess against Grantee liqui-
dated damages of up to five hundred dollars ($500) per day for
any violation. By acceptance of a franchise hereunder, Grantee
agrees to pay such assessment, which may be levied against any
security fund or performance bond required under the terms of the
Franchise Agreement. Such assessment shall not constitute -a
waiver by City of any other right or remedy it may have under the
Franchise Agreement or under applicable law, including without
limitation, its right to recover from Grantee such additional
damages, losses, costs and expenses, including actual attorneys'
fees, as may have been suffered or incurred by City by reason of.
or arising out of the violation;
3. For any violation which is determined to have
materially degraded the quality of service, the Grantee may be
ordered to issue rebates or temporarily reduce its rates or
charges to subscribers, in an amount to be determined by City,
to provide monetary relief substantially equal to the reduced
quality of service resulting from Grantee's violation;
4. To the extent permitted by law, the City may
require Grantee to cure all defaults and breaches of its obliga-
tions before Grantee is permitted to increase any rates or
charges to its subscribers;
5. where the violation is of a technical nature,
or involves non-compliance with FCC rules and regulations, the
City may request the FCC to enforce its rules and levy a fine for
the violation as provided in the FCC rules.
6. Where the violation is determined to consti-
tute or involve any of the following, the City shall have the
right to terminate and revoke the franchise and all rights and
privileges associated with it:
(a) Grantee's failure to provide, or to
maintain in full force and effect, the insurance .
coverage, performance bond or security fund in the
amounts specified in the Franchise Agreement.
Ing t.. owr 0
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63
(b) Grantee's continuing violation of any
final order or ruling of any regulatory agency
having jurisdiction over the Grantee relative to
the franchise.
(c) Grantee's wilful attempt to evade con-
pliance with any provisions of this chapter or
the Franchise Agreement, or to practice any fraud
or deceit upon the City or subscribers.
(d) Grantee's persistent failure or refusal
to remedy one or more violations for which lesser
penalties have previously been imposed.
(e) Grantee's insolvency, inability to pay
W its debts, or adjudication as a bankrupt.
CO (f) Grantee's falsification of information
Q set forth in its application for a franchise or
renewal of a franchise, or in any report required
to be submitted to the City pursuant to this
chapter.
(g) Grantee's denial of cable television
service to any group of residents within the
designated franchise service area because of the
income of the residents of the local area in which
the group resides.
7. Termination and revocation of the franchise
shall not affect City's right to pursue any other remedy under
this chapter, the Franchise Agreement, or applicable law.
5.08.310 Force Moieure; Grantee's Inability to
Perform.
If Grantee's performance of any of the terms, condi-
tions or obligations required by this chapter or by a Franchise
Agreement authorized hereunder is prevented by a cause or event
not within Grantee's control, such inability to perform shall be
deemed excused and no penalties or sanctions shall be imposed as
a result thereof; provided, however, that such inability to per-
form shall not relieve Grantee from the obligations imposed by
this chapter pertaining to refunds and credits 4or interruptions
in service. For the purpose of this section, causes or events
not within the control of Grantee shall include acts of God,
strikes, sabotage, riots or civil disturbances, restraints im-
posed by order of a governmental agency or court, explosions,
acts of public enemies, and natural disasters such as floods,
earthquakes, landslides, and fires, but shall not include finan-
cial inability of the Grantee to perform, failure of the Grantee
to obtain any necessary permits or licenses from the City or
other governmental agencies, failure of the Grantee to obtain the
right to use the facilities of any public utility or the breach
IMU tM OW21 0 -23-
LM
of contractual obligations by those from whom Grantee obtains
supplies, services or equipment.
5 , 08, 3 20 Abandonment and Removal of Grantee's
PropASU.
A. If the use of Grantee's property or any portion
thereof is discontinued for a consecutive twelve (12) month
period, Grantee shall be deemed to have abandoned such property.
S. City, upon such terms as City may impose, may
give Grantee permission to abandon, without removing, any facili-
ties or equipment laid, constructed, operated or maintained under
the franchise. Unless such permission is granted, the Grantee
shall remove all abandoned facilities and equipment upon receipt
of written notice from City and, at the time such facilities and
equipment are removed, shall restore the street to its former
state, so as not to impair its usefulness. In removing its
plant, structures and equipment, Grantee shall refill, at its own
expense, any excavation made by it and shall leave all public
ways and places in as good condition as that prevailing prior to
such removal and without affecting any electrical or telephone
cable wires, poles, or attachments. City shall have the right to
inspect and approve the condition of the public ways, public
places, cables, wires, attachments and poles prior to and after
removal. The indemnity and insurance provisions of the Franchise
Agreement, and any surety fund or performance bond required
therein shall, unless otherwise provided in the Franchise Agree-
ment, continue in full force and effect during the period of
removal and until full compliance by Grantee with the terms and
conditions of this subsection.
C. Upon abandonment of any of Grantee's property in
place, the Grantee, if required by the City, shall submit to the
City an instrument, satisfactory in form to the City Attorney,
transferring to the City the ownership of the property as
abandoned.
D. Upon the expiration of the term for which the
franchise is granted, or upon its termination or revocation as
provided for herein, the City shall have the right to require
Grantee to remove, at its own expense, all above -ground portions
of the cable television system from all streets and public ways
within the City.
5.08.330 Restoration by City: Reimbursement of
Co
Upon Grantee's failure to complete any work required
herein or by any other law or ordinance, and after compliance
with all notice and hearing requirements of this chapter, City
may cause such work to be done. Grantee shall reimburse City
the costs thereof within thirty (30) :days after receipt of an
Itemized list of such costs, or City may recover such costs from
M
any security fund or performance bond provided by Grantee pur-
suant to the Franchise Agreement.
5.08.340 Extended Oceration and Continuity of
Services.
Upon either the expiration or revocation of the fran-
chise, the City shall have discretion to permit Grantee to con-
tinue to operate the cable television system for an extended
period of time not to exceed twelve (12) months from the date of
such expiration or revocation, unless further extended by resolu-
tion of the Council. Grantee shall, on behalf of its successor -
in -interest, continue to operate the system under the terms and
j� conditions of this chapter and the Franchise Agreement and to
provide the regular subscriber services and any other services
W that may be provided at that time. All subscribers shall con-
tinue.to receive all available services, provided their financial
CO and other obligations to Grantee are honored. The Grantee shall
Q use all reasonable efforts to ensure that all subscribers receive
continuous, uninterrupted service regardless of .the circum-
stances, including operation of the system during any transition-
al period following franchise expiration or revocation.
5.08.350 ReceivershiR and Foreclosure.
A. A franchise granted pursuant to this chapter
shall, at the option of City, terminate one hundred twenty (120)
days after the appointment of a receiver, or trustee, to take
over and conduct the business of Grantee, whether in a receiver-
ship, reorganization, bankruptcy or similar action or proceeding,
unless such receivership or trusteeship shall have been vacated
prior to the expiration of said one hundred twenty (120) days, or
unless: (i) the receiver or trustee, within one hundred twenty
(120) days after such appointment, shall have fully complied with
all the terms and provisions of this chapter and the Franchise
Agreement, and shall have remedied all defaults under the Fran-
chise Agreement; and (ii) the receiver or trustee, within said
one hundred twenty (120) days, shall have executed an agreement
duly approved by the court having jurisdiction in the premises,
whereby such receiver or trustee shall have assumed and agreed to
be bound by each and every term, provision and limitation of the
Franchise Agrement.
H. In the case of a foreclosure or other judicial
sale of the plant, property and equipment of Grantee, or any part
thereof, including or excluding a franchise, City may serve
notice of termination upon Grantee and the successful bidder at
such sale, in which event the franchise granted and all rights
and privileges of the Grantee thereunder shall terminate thirty
(30) days after the service of such notice, unless: (i) city
shall have approved the transfer of the franchise in the manner
provided by this chapter; and (ii) the successful bidder shall
have covenanted andagreed with city to assume and be bound. by
all the terms and conditions of the Franchise Agreement.
9=12 IM smog 0 -25-
5.08.360 Rights Reserved to City.
A. In addition to all rights and powers specifically
reserved to the City by this chapter, the City reserves to itself
every other right and power required to be reserved under the
Franchise Agreement or the Municipal Code, and the Grantee by
acceptance of a franchise agrees to be bound thereby and to com-
ply with any action or requirement of the City in its exercise of
any such right or power.
B. The City shall have the right to waive any provi-
sions of the Franchise Agreement, except those required by
federal or state regulation, if the City determines (i) that it
is in the public interest to do so, and (ii) that the enforcement
of such provision will impose an undue hardship on the Grantee or
the subscribers. To be effective, such waiver shall be in writ-
ing and signed by a duly authorized representative of the City.
C. City shall have the. right to intervene in any suit
or proceeding concerning the franchise to which Grantee is a
party, and Grantee shall not oppose such intervention by City.
D. City shall have the right during the term of the
franchise to require Grantee to increase the amounts of any
security fund, performance bond or insurance coverage required by
the Franchise Agreement. Increases may be based upon the Con-
sumer Price Index and may be determined in such manner and at
such times as may be specified in the Franchise Agreement.
E. Nothing herein shall be deemed or construed to
impair or affect, in any manner or to any extent, the right of
the City to acquire the property of the Grantee, either by pur-
chase or through the right of eminent domain, with compensation
calculated as provided in Title 7, Chapter 9, Article 4 of the
California Code of Civil Procedure, and nothing herein contained
shall be construed to contract away, modify or abridge, either
for a term of years or in perpetuity, the City's right of eminent
domain.
5.08.370 Rights of Individuals.
A. Grantee shall not deny service or access, or
otherwise discriminate against subscribers, channel users, or
residents on the basis of race, color, religion, national origin,
age or sex. Grantee shall comply at all times with all applic-
able federal, state and local laws and regulations, and all exe-
cutive and administrative orders, relating to nondiscrimination.
B. Grantee shall strictly adhere to the equal employ-
ment opportunity requirements of the FCC and state and local laws
and regulations relating thereto, as they now exist or as they
may be amended from time to time.
9=9 1. SM21 •
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- C. Neither Grantee, nor any other person or entity
shall, without a subscriber's consent, tap, or arrange for the
tapping, of any cable, line, signal input device, or subscriber
outlet or receiver for any purpose other than routine maintenance
of the system, polling with audience participation, or audience
surveys to support advertising research regarding viewers.
D. In providing its services and in pursuing any
collateral commercial enterprise relating thereto, Grantee shall
take all necessary steps to prevent the invasion of a sub-
scriber's or a resident's right of privacy and other civil rights
as defined by applicable law. Grantee shall not, without lawful
court order or other legal authority, utilize any interactive
two-way equipment or capability of the cable system for unauthor-
ized personal surveillance of any subscriber or resident.
m E. No cable, line, wire, amplifier, convertor, or
Q other equipment owned by Grantee shall be installed without -first
securing the permission of the owner of any property involved.
If a subscriber requests service, permission to install upon sub-
scriber'.s property shall be presumed. If permission is later
revoked, whether by the original or a subsequent owner, Grantee
shall remove within a reasonable time any of its equipment which
is visible and moveable and promptly restore the property to its
original condition.
F. For interruptions in service of twenty-four (24)
hours or more not attributable to the conduct of the subscriber,
Grantee shall credit or refund to the subscriber an amount as
provided in the Franchise Agreement.
G. A subscriber "bill of rights" approved by the City
shall be provided by the Grantee to each subscriber at such time
or times as may be specified in the Franchise Agreement.
H. Neither the Grantee, nor its agents, employees, or
subcontractors, shall sell or otherwise make available to any
person:
1. Lists of the names and addresses of sub -
scribers;
2. Any list which identifies the viewing habits
of individual subscribers. This shall not prohibit the Grantee
from providing to other persons composite ratings of subscriber
viewing preferences.
I. Unless the cable television system operated by_
Grantee incorporates technology to prevent unwanted reception of
audio and video signals from occurring under normal operating
conditions, Grantee shall provide a written statement to all new
subscribers advising then that audio or video signals, or both,
may be present on certain channels to'' which they do' not
subscribe.
IMU tr Q6b" 0 -27-
raQ
Lab]
5.48.380 Violations.
A. It shall be unlawful for any person to establish,
operate or to carry on the business of distributing to any person
in this City any television signals or radio signals by means of
a cable television system unless a franchise therefor has first
been obtained pursuant to the provisions of this chapter, and
unless such franchise is in full force and effect.
B. It shall be unlawful for any person to construct,
install or maintain within any public street in the City, or
within any other public property of the City, or within any
privately -owned area within the City which has not yet become a
public street but is designated or delineated as a proposed
public street on any tentative subdivision map approved by the
City, any equipment or facilities for distributing any television
signals or radio signals through a cable television system, un-
less a franchise authorizing the use of such street or property
or area has first been obtained pursuant to the provisions of
this chapter, and unless such franchise is in full force and
effect.
C. It shall be unlawful for any person, firm or cor-
poration to make' any unauthorized connection, whether
physically, electrically, acoustically, inductively or otherwise,
with any part of a franchised cable television system within this
City for the purpose of taking or receiving television signals,
radio signals, pictures, programs, or sound.
D. It shall be unlawful for any person, firm or cor-
poration to make any unauthorized connection, whether physically,
electrically, acoustically, inductively or otherwise, with any
part of a franchised cable television system within this City for
the purpose of enabling such person or others to receive any
television signal, radio signal, picture, program or sound with-
out payment to the owner of said cable television system.
E. It shall be unlawful for any person, without the
consent of the owner, to willfully tamper with, remove or injure
any cables, wires or equipment used for distribution of televi-
sion signals, radio signals, pictures, programs or sound.
section a. k
If any provision of this Ordinance is held by any
court, or by any federal or state agency of competent juris-
diction, to be invalid as conflicting with any federal or state
law, rule or regulation now or hereafter in effect, or is held by
such court or agency to be modified in any way in order to con-
form to the requirements of any such law, rule or regulation,
such provision shall be considered a separate, distinct, and
Independent part of this Ordinance, and such holding shall not
affect the validity and enforceability of all other provisions
MU iw own • -28-
69
hereof. In the event that such law, rule or regulation is sub-
sequently repealed, rescinded, amended or otherwise changed, so
that the provision hereof which had been held invalid or modified
is no longer in conflict with such law, rule or regulation, said
provision shall thereafter be binding on City and any Grantee,
provided that City shall give such Grantee thirty (30) days written
notice of such change before requiring compliance with said
provision.
(� PASSED, APPROVED and ADOPTED this 13th day of , 199
W
m
Q MAYOR
ATTEST:
e� 11J4
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
70
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 224 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS GOVERNING
FRANCHISES FOR CABLE TELEVISION SYSTEMS GRANTED BY THE
CITY AND AMENDING TITLE 5 OF THE ROLLING HILLS MUNICIPAL
CODE
was passed and adopted by the Rolling Hills City Council on August
13, 1990, by the following vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Pernell,
Swanson and Mayor Heinsheimer
NOES: None
ABSENT: None
ABSTAIN: None
and in compliance with the laws of the State of California, on the
11rh_9pptember. 1990, was posted at the following:
City Administration Building
4
City Clerk
0
W
m
Q
ORDINANCE NO. U.5 8
AN ORDINANCE OF THE CITY OF ROLLING HILLS
PROHIBITING THE RIDING OF BICYCLES ON
EQUESTRIAN TRAILS, AMENDING THE ROLLING HILLS
MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN:
Section 1. Chapter 10.24 of Title 10, of the Rolling
Hills Municipal Code is amended by adding Section 10.24.005 to read
as follows:
10.24.005. Bicvcle Defined. A bicycle is a device upon
which any person may ride, propelled by human power through a belt,
chain or gears and having one or more wheels.
Section 2. Chapter 10.64 of Title 10 of the Rolling
Hills Municipal Code is amended by adding Section 10.64.211 to read
as follows:
10.24.211. Use of Bicvcles on Horseback Ridina and
Bridle Trails. No person shall ride or walk a bicycle or permit
any bicycle to be ridden or walked, on any trail, path or way which
is maintained, intended or by custom used for equestrian traffic
within the boundary of the City of Rolling Hills. The City Manager
shall cause signs to be erected at the juncture of all equestrian
trails and the -City limits which will inform the public of the
prohibition contained in this Section.
Section 3. The City of Rolling Hills presently has no
regulation prohibiting bicycles or other non -motorized vehicles on
the equestrian trails within the City. Such bicycles or other
conveyances on the equestrian trails are liable to startle the
horses, thus endangering the safety of the horses as well as the
riders. This ordinance would prevent such occurrences and is
therefore necessary to protect the public peace, health and safety.
This ordinance is an urgency ordinance and shall take effct
immediately. 11_ 2
PASSED, APPROVED and ADOPTED this 23YVfay fz(fJFuly/ay990.
ATTEST:
ef "
CITY CLERK
Ordinance No. U.54
7/23/90
-1-
71
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. U.53 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS PROHIBITING THE
RIDING OF BICYCLES ON EQUESTRIAN TRAILS., AMENDING THE
ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF
was passed and adopted by the Rolling Hills City Council on July
23, 1990, by the following vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Pernell,
Swanson, Mayor Leeuwenburgh
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. U.54
7/23/90
WC
'I,"
City Clerk
0
L�
W
m
Q
ORDINANCE NO. 225
AN ORDINANCE OF THE CITY OF ROLLING HILLS
RELATING TO VESTING TENTATIVE MAPS, AMENDING
THE SUBDIVISION ORDINANCE AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 16.40 of Title 16 of the Rolling
Hills Municipal Code is amended by amending Sections 16.40.030 and
16.40.040 A of the Subdivision Ordinance to read:
16.40.030. Definition of Vestina Tentative Man_. A
"vesting tentative map" shall mean a tentative map for a
subdivision, as defined in this Title that shall have printed
conspicuously on its face the words "Vesting Tentative Map" at the
time it is filed in accordance with Section 16.40.040 of this
chapter, and is thereafter processed in accordance with the
provisions of this Chapter and the Subdivision Map Act.
16.40.040 Application. A. whenever a provision of the
Subdivision Map Act or this Title requires the filing of a
tentative map or tentative parcel map for a subdivision, a vesting
tentative map may instead be filed, in accordance with the
provisions of this Chapter. ,
PASSED, APPROVED AND ADOPTED this 13
1990.
ATTEST:
CITY°CLERK
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
Ordinance No. 224'
8/13/90
-1-
of Augot,
73
74
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 225 entitled:
AN ORDINANCE OF THE CITY OF ROLLING --ILLS
RELATING TO VESTING TENTATIVE MAPS, AMENDING
THE SUBDIVISION ORDINANCE AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on August
13, 1990, by the following vote:
AYES: Councilmembers Murdock, Swanson and Acting Mayor
Leewenburgh
NOES: None
ABSENT: Councilmembers Pernell and Mayor Heinsheimer
ABSTAIN: None
and in compliance with the laws of the State of California, on the
September 1, 1990 was posted at the following:
Administration Building
Ordinance No. 22147
8/13/90 -2-
4".,4
"City Clerk
T'I
W
m
Q
ORDINANCE NO. 22',
AN ORDINANCE OF THE CITY OF ROLLING HILLS
PROHIBITING THE RIDING OF BICYCLES ON
EQUESTRIAN TRAILS AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 10.24 of Title 10, of the Rolling
Hills Municipal Code is amended by adding Section 10.24.005 to read
as follows:
10.24.005. Bicvcle Defined. A bicycle is a device upon
which any person may ride, propelled by human power through a belt,
chain or gears and having one or more wheels.
Section 2. Chapter 10.64 of Title 10 of the Rolling
Hills Municipal Code is amended by adding Section 10.64.211 to read
as follows:
10.24.211. Use of Bicvcles on Horseback Ridincr and
Bridle Trails. No person shall ride or walk a bicycle or permit
any bicycle to be ridden or walked, on any trail, path or way which
is maintained, intended or by custom used for equestrian traffic
within the boundary of the City of Rolling Hills. The City Manager
shall cause signs to be erected at the juncture of all equestrian
trails and the City limits which will inform the public of the
prohibition contained in this Section. J#I A
PASSED, APPROVED AND ADOPTED th
ATTEST:
ITY CLERK
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
Ordinance No. 22*
8/13/90
-1-
75
76
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 22,6.entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
RELATING TO VESTING TENTATIVE MAPS, AMENDING
THE SUBDIVISION ORDINANCE AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on August
13, 1990, by the following vote:
AYES: Councilmembers Murdock, Swanson and Acting Mayor
Leewenburgh
NOES: None
ABSENT: Councilmembers Pernell and Mayor Heinsheimer
ABSTAIN: None
and in compliance with the laws of the State of California, on the
September 1, 1990 was posted at the following:
Administration Building
Ordinance No. 22'4
8/13/90 -2-
4"��
/ ' City Clerk
PASSED, APPROVED AND ADOPTED this th da i
1990.
C/ MAY
ATTEST:
6'u
qT
CLERK
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
Ordinance No. 22$
8/13/90
-2-
f Auyytt,
W
m
Q
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 227 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING THE ZONING ORDINANCE AND SUBDIVISION
ORDINANCE RELATIVE TO SITING OF HAZARDOUS
WASTE FACILITIES AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on August
13, 1990, by the following vote:
AYES: Councilmembers Murdock, Swanson and Acting Mayor
Leewenburgh
NOES: None
ABSENT: Councilmembers Pernell and Mayor Heinsheimer
ABSTAIN: None
and in compliance with the laws of the State of California, on the
September 1, 1990, was posted at the following:
City Administration Building
Ordinance No. 2211
8/13/90
-3-
4161410
/� City Clerk
79
ORDINANCE NO. 228
AN ORDINANCE OF THE CITY OF ROLLING HILLS
GRANTING A CABLE TELEVISION FRANCHISE TO
DIMENSION CABLE SERVICES
The City Council of the City of Rolling Hills does ordain as
follows:
SECTION 1. Pursuant to Section 5.08 of the Rolling Hills
Municipal code, a non-exclusive cable television franchise is
hereby granted to Times Mirror Cable Television of Palos Verdes
Pensinsula, Inc., a California Corporation, doing business as
Dimension Cable Services, to construct, operate and maintain a
cable television system within the City, under and pursuant to the
terms and conditions set forth in the franchise agreement attached
hereto as Exhibit A and incorporated herein by reference, and the
requirements of Chapter 5.08 of the Municipal Code.
1990.
ATTEST:
PASSED, APPROVED and ADOPTED this 8th day of October,
5)EPur/ City Clerk v
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 228 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
GRANTING A CABLE TELEVISION FRANCHISE TO
DIMENSION CABLE SERVICES
was passed and adopted by the Rolling Hills City Council on October
8, 1990 by the following vote:
AYES: Councilmembers Leeuwenburgh, Murdock and Swanson; Mayor
Heinsheimer.
NOES: None.
ABSENT: Councilmember Pernell.
ABSTAIN: None.
and in compliance with the laws of California was posted at the
following:
Administration Offices
�� �--
Dep Cy City CleA
ORDINANCE NO. 229
AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A
CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MIXED USE
STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 17.16.012 of Chapter 17.16 of Title 17
of the Rolling Hills Municipal Code is amended by adding a new
paragraph K to read as follows:
K. A structure detached from the main building and used for
a garage or any two or more of the following uses: garage, keeping
horses or other permitted animals, other recreational purposes, an
office study, or other uses not directly related to keeping
animals, (hereinafter "mixed use structures") provided that the
detached garage or mixed use structure complies with the following
minimum conditions:
1. Vehicular access to the garage or mixed-use
structure shall not occur within an easement or
within twenty-five feet (251) of the side or rear
lot line.
2. If a portion of the structure is designed or
intended to be used for a garage, such portion
shall be separated from the portion of the
structure used as a stable, barn, office, study,
other recreational use or other use by an interior
common wall constructed in the same manner as found
in attached townhouse construction. There shall be
no access from the interior of the portion used for
a garage to the interior of the portion used for
the other.ise.
3. If a portion of the structure is intended to be
used as a stable or barn, such portion of the
structure shall be used exclusively for the purpose
of keeping horses or other permitted animals.
4. There shall be no sleeping quarters, temporary
occupancy, or kitchen/cooking facilities or
equipment in any portion of the detached garage or
mixed use structure.
Ordinance No. 229 -1-
1
5.
A loft area may be constructed only over a stable
area of the structure, pursuant to the Zoning
Ordinance and Building Code.
6.
Where the garage, stable or other uses that are
specified on the plan are converted to another use
or if the proportions of the approved uses are
changed, without required approvals pursuant to the
Zoning Ordinance, the permit granting the mixed-use
structure shall automatically lapse, and, the
structure shall be removed at the cost of the
property owner.
7.
If any conditions of the permit are violated, or if
any law, statute or ordinance is violated, the
Permit shall be suspended and the privileges
granted thereunder shall lapse, provided that the
property owner has been given written notice to
cease such violation and has failed to do so for a
period of thirty (30) days.
section
2. Except as herein amended, Section 17.16.012 of
Chapter 17.16
of Title 17 of the Rolling Hills Municipal Code shall
remain in full
force and effect.
PASSED AND ADOPTED this
1990.
ATTEST:
, �' 4. "
CITY CLEAK
Ordinance No. 229
17th day of December
:21C
MAYOR
J_'
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 229 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A
CONDITIONAL USE PERMIT FOR A DETACHED GARAGE OR MI%ED USE
STRUCTURE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on
December 17, 1990 by the following vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Pernell;
Mayor Heinsheimer
NOES: None
ABSENT: Councilwoman Swanson
ABSTAIN: None
and in compliance with the laws of California was posted at the
following:
Administration Offices
Ordinance No. 229
-3-
4
Deputy City Clerk
1
ORDINANCE NO. 230
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A MINIMUM SIZE FOR STABLES AND
CORRALS AND AMENDING THE MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 17.16.120 of Chapter 17.16 of Title
17 of the Rolling Hills Municipal Code is hereby amended by adding
a new paragraph G to read:
G. Every lot or parcel developed with a single family home
for which a site plan review is approved or extended after the
27th day of Februarv, 1991 shall have an area designated for
a stable of no less than 450 sq.ft. and a contiguous corral
area of no less than 550 sq.ft. The combined minimum area for
a stable and a corral shall be 1,000 sq.ft., or an area shall
be designated on the lot or parcel for future use which shall
be sufficient to allow for the construction of such minimum
size structures. The stable and corral shall be located only
on a portion of the lot having a slope of no greater than 4:1,
and the area designated for the stable shall be included for
purposes of calculating the structural coverage of the lot.
Section 2. The City Clerk shall insert the effective date of
this Ordinance into the blank in Section 1 hereof.
PASSED, APPROVED AN]
1991.
ATTEST:
Ox 1�ek
Cit)' Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
is
r
January 28,
I certify that the foregoing Ordinance No. 230 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING A MINIMUM SIZE FOR STABLES AND
CORRALS AND AMENDING THE MUNICIPAL CODE.
was passed and adopted by the Rolling Hills City Council on Janzaary
28, 1991 by the following vote:
AYES: Councilmembers Leeuwenburgh, Murdock, Swanson
and Pernell; Mayor Heinsheimer
NOES: None
ABSENT: None
ABSTAIN: None
and in compliance with the laws of California was posted at the
following:
Administration Offices
0L%
Deputy City�Clerk
ORDINANCE N0. 231
AN ORDINANCE OF THE CITY OF ROLLING HILLS,
ESTABLISHING THE AUTHORITY TO ISSUE PERMITS
REGULATING THE OPERATION OF VEHICLES
EXCEEDING MAXIMUM ALLOWABLE WIDTHS ON
STREETS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY ORDAIN AS FOLLOWS:
,$ection 1. Title 10 of the Rolling Hills Municipal
Code is amended by adding Chapter 10.70 to Title 10 to read as
follows:
"CHAPTER 10.70
OVER WIDE VEHICLES
,L0.70.010 Findings. The City Council finds that
there is a need to regulate the operation of vehicles
exceeding maximum allowable widths on streets within
the City. The regulation of such vehicles is deemed
necessary for the protection of vehicular and pedes-
trian traffic due to the unusually narrow, winding and
steep character of streets in the City.
10.70.020 Authoritv. The California Vehicle Code
establishes regulations pertaining to the maximum size,
weight, and load of vehicles operated on streets and
highways. Section 35780 of the California Vehicle Code
grants the City the authority, at its discretion upon
written application and if good cause appears, to issue
a permit authorizing the applicant to operate or move a
vehicle of a size, weight, or load exceeding the speci-
fied maximums. This is a traffic control and safety
measure.
10.70.030 Vehicle Width.
A. With the exception of the vehicles
listed in subsection B, vehicles exceeding 102" in
width shall be prohibited from operating on streets
within the City, unless authorized by a valid permit
issued by the City.
B. The following vehicles are exempt from
the permit requirement of Paragraph A of this Section
if 120" or less in width; any such vehicles exceeding
120" in width shall be prohibited from operating on
901221 tam 1060026 (1)
i
streets within the City, unless authorized by a valid
permit issued by the City:
1. Special mobile equipment.
2. Special construction or highway
maintenance equipment.
3. Motor vehicles designed for, and
used exclusively to haul feed for livestock that are
exempted from registration by the California Vehicle
Code Section 36102(c), except when operated on a
highway during darkness.
10.70.040 ADDlication Reauirements.
A. Application for a permit shall be made
in writing to the City Manager at least ten working
days prior to date of anticipated operation and shall
include, but not be limited to, the following
information:
1. Description of the vehicle to be
operated.
2. The route over which the vehicle
will operate.
3. The time period during which the
vehicle will be operated (i.e., number of hours per
day, days per month, etc.).
B. The City may suspend the application
requirements in cases of emergency.
10.70.050 Conditions of ODeratio>l.
A. The City, at its discretion and if good
cause appears, shall prescribe conditions of operation
of the vehicle, including, but not limited to, the
following:
1. Establishing time limitations
(i.e., restricting hours of operation).
2. Limiting the number of trips per
day or days per week or month.
3. Describing the specific route over
which the vehicle is allowed to operate.
401221 tem 1060026 (1) — 2 —
I
1
B. When establishing the conditions of
operation, the City shall consider the requirements of
the applicant and the recommendations of the City
Traffic Engineer.
10.70.060 Required Warnina Devices.
A. Any vehicle operating under the author-
ity of a permit issued in accordance with the provi-
sions of this ordinance shall be required to display or
provide the following warning devices:
1. Red Flags -- All permitted vehicles
shall display a square red flag or square cloth not
less than 16" at the extreme left -front and left -rear
of the vehicle or equipment.
2. Flashina Warnina Li4hts -- All per-
mitted vehicles shall be equipped with flashing amber
warning lights to the front, sides, or rear of the
vehicle or equipment and shall display such lights when
engaged in the movement described in the permit.
3. Pilot Car -- All permitted vehicles
engaged in the movement described in the permit shall
be preceded by a pilot car equipped with flashing amber
warning lights. The pilot car shall display neat,
clean, and legible signs containing the words "OVER-
SIZE," "OVERSIZE LOAD" OR "WIDE LOAD."
10.70.070 Authority to Issue Permits. All per-
mits issued pursuant to the provisions of this ordi-
nance shall be at the discretion of the City Manager.
The decision of the City Manager may be appealed to the
City Council within 10 days by submitting a letter to
the City Clerk stating the grounds for appeal. If no
timely appeal is filed, the City Manager's decision
shall be final. The City Council's decision on appeal
is final.
10.70.080 Fees. Fees shall be established by
resolution of the City Council adopted after notice
and hearing, and shall be based on the estimated total
cost to the City for issuing permits.
- 3 -
10.70.On Penalties. Any vehicle operating on
streets within the City in violation of the provisions
of this ordinance shall be subject to a fine of $100."
PASSED, APPROVED and ADOPTED this 29thq4� of Afnrrb
1991.
ATTEST:
/�/( `&k
CITY CLERK
901221 tem 1060026 (1)
- 4 -
WYOR '
V
1
1
1
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 231 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS,
ESTABLISHING THE AUTHORITY TO ISSUE PERMITS
REGULATING THE OPERATION OF VEHICLES EXCEEDING
MAXIMUM ALLOWABLE WIDTHS ON STREETS WITHIN THE
CITY
was passed and adopted by the Rolling Hills City Council on March
25, 1991 by the following vote:
AYES: Councilmembers Leeuwenburgh, Swanson and Murdock.
NOES: None
ABSENT: Mayor Heinsheimer, Mayor Pro Tem Pernell.
ABSTAIN: None
and in compliance with the laws of California was posted at the
following:
Administration Offices
I
Deputy City 'llerk
ORDINANCE NO. 232
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REQUIRING A BALANCED CUT AND FILL SOILS RATIO
FOR DEVELOPMENT PROJECTS AND READOPTING AND
ADDING CERTAIN AMENDMENTS TO THE COUNTY OF
LOS ANGELES BUILDING CODE RELATING TO GRADING
STANDARDS, AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this Ordinance is
to amend the City's adopted version of the County of Los Angeles
1990 Building Code to require a balanced cut and -fill soils ratio
for development projects. The Ordinance also rewords the
existing provisions regarding maximum cut and fill slopes and
updates certain references in the Municipal Code to revised
section numbers and paragraph lettering contained in the County
of Los Angeles 1990 Building Code.
Section 2. Findinqs of Local Conditions. Pursuant to
California. Health and Safety Code Sections 17958.5, 17958.7 and
18941.5(c), the City Council of the City of Rolling Hills hereby
finds that the modifications and changes set forth in this
Ordinance to certain grading standards set forth in the County of
Los Angeles Building Code are reasonably necessary because of
local climatic, geological and topographic conditions. The City
of Rolling Hills contains areas of steep hillside terrain,
portions of which are unstable due to active landslides. These
conditions make it reasonably necessary to impose stricter
grading standards than are presently contained in the County of
Los Angeles Building Code, specifically with regard to the
regulation of import and export of soil and the maximum height of
cut and fill slopes.
Section 3. Section 15.04.110 of Title 15 of the
Rolling Hills Municipal Code is hereby amended to read as
follows:
15.04.110. Section 7015(a) amended. Paragraph (a) of
Section 7015 of the County of Los Angeles Building Code, entitled
"MAXIMUM SLOPE," is amended to read:
"Section 7015(a). MAXIMUM SLOPE. Cuts shall not
be steeper in slope than two horizontal to one verti-
cal., or exceed a vertical height of thirty (301) feet,
unless the owner receives a variance for a steeper or
higher vertical height slope from the Planning
Commission of the City of Rolling Hills, pursuant to
the provisions of'Title 17 of the Municipal Code of the
City. In applying for a variance to the provisions of
this paragraph, the owner shall submit soil test data
and engineering calculations and shall provide in
writing any specific safety and/or stability problems
that presently exist on the property, or may exist if
the requested variance is granted and the proposed
grading plans are approved."
Section 4. Section 15.04.120 of Title 15 of the
Rolling Hills Municipal Code is hereby amended to read as
follows:
15.04.120. Section 7015(c) added. Section 7015 of
the County of -Los Angeles Building Code, entitled "Excavations"
is hereby amended to add paragraph (c) to read:
"Section 7015(c). DRIVEWAYS. Driveways which
provide access from any lot or parcel of land to any of
the private roads in the City of Rolling Hills which
are constructed and maintained by the Rolling Hills
Community Association shall be so constructed that the
first twenty feet of said driveway, measured from the
edge of the paved portion of said private road, shall
not be steeper in grade than seven (7%) percent."
Section 5. Section 15.04.130 of Title 15 of the
Rolling Hills Municipal Code is hereby amended to read as
follows:
15.04.130. Section 7015(d). Section 7015 of the
County of Los Angeles Building Code, entitled "Excavations" is
hereby amended to add paragraph (d) to read:
"Section 7015(d) BALANCED CUT AND FILL RATIO.
1. No export or import of soil shall be permitted
from or to any lot in the City.
2. No grading plan for which a permit is required
shall be approved unless the amount of soil to be
cut from the site equals the amount of soil to be
filled on the site.
3. The City Manager may grant an exception to the
requirements of parts 1 and 2 of this paragraph
(d) to allow for the import or export of soil not
to exceed 500 cubic yards if he or she finds,
based upon written reports and other information
submitted, that all of the following conditions
are present: (a) construction of a structure on
the lot or parcel has commenced, (b) that the need
to import or export the soil could not have been -
foreseen prior to commencement of construction,
1
1
and (c) that either the structure cannot be
completed without the requested import of export
of soil or that an emergency condition exists due
to the threat of land subsidence or other imminent
danger."
Section 6. Section 15.04.140 of Title 15 of the
Rolling Hills Municipal Code is hereby amended to read:
15.04.140. Section 7016(c) amended. Paragraph (c) of
Section 7016 of the County of Los Angeles Building Code,
entitled "Fill Slope," is hereby amended to read:
"Section 7016(c). FILL SLOPE. Fill slopes shall
not exceed a steepness of two horizontal to one
vertical, or exceed a vertical height of thirty (301)
feet, unless the owner receives a variance for a
steeper or higher vertical height fill slope from the
Planning Commission of the City of Rolling Hills, pur-
suant to the provisions.of Title 17 of the Municipal
Code of the City. In applying for a variance to the
provisions of this paragraph, the owner shall submit
soil test data and engineering calculations and shall
provide in writing any specific safety and/or stability
problems on the property that presently exist or may
exist if the requested variance is granted and the pro-
posed grading plans are approved."
Section 7. Section 15.04.141 is hereby added.to
Title 15 of the Rolling Hills Municipal Code to read as follows:
15.04.141. Section 7016(i) added. Section 7016 of
the County of Los Angeles Building Code, entitled "Fills," is
amended to add a new paragraph (i) to read:
"Section 7016(i). BALANCED CUT AND FILL RATIO.
1. No export or import of soil shall be permitted
from or to any lot in the City.
2. No grading plan for which a permit is required
shall be approved unless the amount of soil to be
cut from the site equals the amount of soil to be
filled on the site.
3. The City Manager may grant an exception to the
requirements of parts 1 and 2 of this paragraph
(d) to allow for the import or export of soil not
to exceed 500 cubic yards if he or she finds,
based upon written reports and other information
submitted, that all of the following conditions
are present: (a) construction of a structure on
the lot or parcel has commenced, (b) that the need
to import or export the soil could not have been
foreseen prior to commencement of construction,
and (c) that either the structure cannot be
completed without the requested import of export
of soil or that an emergency condition exists due
to the threat of land subsidence or other imminent
danger."
Section 8. The City Clerk shall file a copy of this
Ordinance with the California Department of Housing and Community
Development, as required by California Health and Safety Code
Section 17958.7.
PASSED, APPROVED and ADOPTED this ,may of Aiiai ct- ,
1991.
MAYOR
ATTEST: (/
Oct JIB
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 232,
entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING A
BALANCED CUT AND FILL SOILS RATIO FOR DEVELOPMENT
PROJECTS AND READOPTING AND ADDING CERTAIN AMENDMENTS
TO THE COUNTY OF LOS ANGELES BUILDING CODE RELATING TO
GRADING STANDARDS, AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on
August- 12rb , 1991 by the following vote:
AYES: Councilmembers Heinsheimer, Leeuwenburgh and
NOES: ?burdock; Mayor Pro Tem Swanson,- Mayor Pernell
None
ABSENT: None
ABSTAIN: None
and in compliance with the laws of the State of California was
posted at the following:
Administrative Offices
caw ✓1 �/ -
910813 kge 1680567 Depu Y C i ty C 1 qrk
ORDINANCE NO. 233
NOT ADOPTED
1
ORDINANCE NO. 234
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AUTHORIZING ESTABLISHMENT OF SANITARY SEWER
REIMBURSEMENT DISTRICTS AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 13.16 is hereby added to Title 13
of the City of Rolling Hills Municipal Code to read:
Chapter 13.16
SANITARY SEWER REIMBURSEMENT DISTRICTS
13.16.010. Purpose. The purpose of this Chapter is to
provide for the formation of sanitary sewer reimbursement
districts whereby a subdivider, an improvement district formed
under special assessment procedures, or person or group of
persons (hereinafter collectively referred to as "Developer") can
be reimbursed for the cost of constructing a public sewer system.
13.16.020. Improvements. For purposes of this
Chapter, the term "improvements" shall mean the sanitary sewer
pipeline and related appurtenances intended by the City to be
included within a reimbursement district.
13.16.030. Reimbursement District Territory. A
reimbursement district shall consist of all territory which the
City Engineer determines could possibly be connected to the
improvements.
13.16.040. Notice. Notice of a public hearing to
consider the formation of the reimbursement district shall be
posted in the official posting place in the City and mailed to
all of the properties located within the reimbursement district
at least 10 days prior to the date of the hearing.
13.16.050. Reimbursement Agreement. A draft of the
reimbursement agreement to be entered into between the City and
the Developer shall be prepared for consideration at the public
hearing. The reimbursement agreement shall contain, at minimum,
a description of the improvements, a diagram of, the
reimbursement district, the estimated costs of the improvements,
and the costs of connection to the sewer line.
910823 kla 1080202 (11)
13.16.060. Diagram of District. The diagram of the
reimbursement district shall show (a) the exterior boundaries of
the district, (b) the lines and dimensions of each lot or parcel
within the district and (c) the location of the improvements.
13.16.070. Public Hearing. A public hearing to
consider the* formation of the reimbursement district and approval
of the reimbursement agreement shall be held at the time and
place indicated in the notice given pursuant to 13.16.040. All
interested persons shall be given the opportunity to be heard.
The City Council may order changes in the resolution forming the
reimbursement district, the reimbursement agreement or the
supporting documentation. At the conclusion of the public _
hearing, the City Council may pass a resolution forming the
reimbursement district and approve the reimbursement agreement.
13.16.080. Reimbursement District Preparation Fee.
Where applicable, the Developer shall pay a fee established by
resolution of the City Council to cover the cost of preparation
of reimbursement district documents and maps.
13.16.090. Sewer Connection Permit -- Charges in
Reimbursement Districts. Before a property included within a
reimbursement district can be connected to a public sewer, the
owner of the property shall obtain a sewer connection permit and
pay a charge for connecting to the public sewers as set forth in
the reimbursement agreement.
13.16.100. Sewer Connection Permit -- Charges For
Portions of Property. If a sewer connection permit is requested
for only a portion of a lot and the City Engineer finds that only
such portion will be benefited by a sewer connection, a sewer
connection permit may be issued for such portion and all charges
required by the reimbursement agreement shall be based on the
dimensions of such portion.
13.16.110. Sewer Connection Permit -- Determination of
Capacity. No permit shall be issued for the direct connection of
any lot to a public sewer which was not designed for and intended
to directly serve such lot unless the City Engineer first
determines that there is additional capacity available in such
sewer beyond that required to serve the property for which it was
designed.
13.16.120. Connection Fee Trust Fund. All moneys paid
for sewer connection permits shall be deposited into a special
"sewer connection trust fund" for each reimbursement district.
At the end of each fiscal year, the Finance Director shall
distribute this money to the Developer in accordance with the
terms of the reimbursement agreement.
-2-
910823 kla 1080202 (11)
1
Section 2. Should any sentence, section, clause, part
or provision of this ordinance be declared invalid by a court of
competent jurisdiction, it is the intent of the City Council that
such invalidity shall not affect the validity of the ordinance as
a whole, or any other part thereof.
PASSED, APPROVED and ADOP
1991.
ATTEST:
DEPUTY CITY CLE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 234 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING
ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT.DISTRICTS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on
Oc,-tober 28, 1991 by the following vote:
AYES: Councilmembers Leeuwenbur h and Heinsheimer,
NOES: Mayor Pro Tem Swanson and Tlayor Pernell.
None.
ABSENT: Councilmember Murdock.
ABSTAIN: None.
and in compliance with the laws of California was posted at the
following:
Administration Offices-
-3-
Qz�e� �
-3-
Dq(piity Ga_ty C�erk
910823 kta 1080202 (11)
ORDINANCE NO. 235
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGULATING THE USE OF STEEL -JAWED LEG -HOLD
TRAPS WITHIN THE LIMITS OF THE CITY AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rolling Hills hereby finds that the
use of steel -jawed leg -hold traps creates a hazard to the residents of the City, their pets and
to their wildlife. It is necessary to regulate the use of steel jawed leg -hold traps throughout
the City to ensure the safety and welfare of persons, pets, and wildlife.
Section 2. Title 6 of the Rolling Hills Municipal Code is amended by adding
thereto a new Chapter 6.60 to read:
Chapter 6.60
USE OF TRAPS
Sections:
6.60.010 Use of Steel -Jawed Leg -Hold Traps.
6.60.010 Use of Steel -Jawed Lea -Hold Traps.
A. Except as provided below, it shall be unlawful for any person to
set, trigger, activate or otherwise use or cause to be set, triggered, or
activated, any steel -jawed leg -hold trap for the capture of any animal within
the limits of the City. As used in this section, "steel jawed leg -hold trap"
means a spring -powered device used to trap animals with two metal jaws that
clamp shut on an animal's leg when it steps on the trap's pressure -sensitive
trigger.
B. Notwithstanding the above, it shall be lawful to utilize a steel jawed
leg -hold trap within the limits of the City when:
1. Such traps are utilized for predator control programs by United
States government trappers;
2. Such traps are utilized for the control of disease outbreaks as
authorized by California Fish and Game Code Section 4011.
Ordinance 235 -1-
C. When complaints are received, the City Manager or his or her agent
may investigate and enforce the provisions of this ordinance. The provisions of this
ordinance may also be enforced by any peace officer having the jurisdictional
authority to do so.
PASSED, APPROVED AND ADOPTED this ��r,� day of
March , 1992.
ATTEST:
CITYICLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 235 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGULATING THE USE OF STEEL -JAWED LEG -HOLD
TRAPS WITHIN THE LIMITS OF THE CITY AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
was passed and adopted by the Rolling Hills City Council on March 23. , 1992 by the
following vote:
AYES: Councilmember Heinsheimer, Mayor Pro Tem Swanson, Mayor
Pernell.
NOES: None.
ABSENT: Councilmembers Leeuwenburgh and 'ardock.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administration Offices
Ll� 0--S. q-5"
Deputy/Cfty Clerk
Ordinance 235 -2-
ORDINANCE NO. 217
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE THE UNIFORM BUILDING
CODE, 1991 EDITION, AND AMENDMENTS THERETO;
LOS ANGELES COUNTY CODE, BUILDING CODE, TITLE
26, AND AMENDMENTS THERETO; LOS ANGELES
COUNTY CODE, ELECTRICAL CODE, TITLE 27; THE
UNIFORM PLUMBING CODE, 1991 EDITION, AND
AMENDMENTS THERETO; LOS ANGELES COUNTY CODE,
TITLE 28, AND AMENDMENTS THERETO; THE UNIFORM
MECHANICAL CODE, 1991 EDITION, AND AMENDMENTS
THERETO; LOS ANGELES COUNTY CODE, TITLE 29,
AND AMENDMENTS THERETO; ADOPTING AMENDMENTS
TO SAID CODES AND READOPTING PORTIONS OF
TITLE 15 OF THE ROLLING HILLS MUNICIPAL CODE.
THE CI21 COUNCIL OF- THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOIJ.AM
Section 1. Chapter 15.04 of Title 15 of the Rolling
Hills imicipal Code is amended by deleting Section 15.04.070 and
by amending Sections 15.04.010, 15.04.021, 15.04.080, and
15.04.}30 to read:
15.04.010. Adovtion of Buildina Code by Reference.
A. Except as hereinafter provided, Chapters 4 through
60, excluding Chapters 31, 35, 41 and 53 of that certain Building
Code )mown and designated as the "Uniform Building Code, 1991
Edition," prepared by the International Conference of Building
Officials and including Chapters 7, 11, 23, 38, 49 and 55 of the
Appendix to said Uniform Building Code, and Title 26, Building
Code, of the Los Angeles County Code, as amended and in effect on
June 8, 1992, are hereby adopted by reference. Title 86 shall
control over any conflict with said Uniform Building Code, 1991
Edition. Sections 15.04.020, et seq., of Article VIII of the
Rolling Hills Municipal Code are hereby readopted. All of the
above-mentioned codes, or portions of Codes, 'amendments and
sections which are hereby adopted shall constitute and may be
cited as the Building Code of the City of Rolling Hills.
B. The provisions of the Building Code applying to
dwellings, lodging houses, congregate residences, hotels, motels,
apartment houses, convents, monasteries or other uses classified
by the building code as a group R occupancy and including
Chapters 1, 2, 3, .4 and 98 and 99 shall constitute and may be
cited as the Housing Code.
One copy of the Uniform Building Code, 1991 Edition,
Title 26, and Sections 15.04.020 et seq. of Chapter 15.04 of
Title 15 of the Rolling Hills Municipal Code have been deposited
in the office of the City Clerk of the City of Rolling Hills and
920611 1sj IMS17 (1)
shall be at all times maintained by the Clerk for use and
examination by the public.
,15.04.0ZJ. ,Spoon 104(g) amended. Notwithstanding
the provisions of -Section 15.04.010, Section 104(g) of the
Building Code is amended to read:
(g) Repairs: Roof Covering. Not more than
200 square feet of the roof covering of any
building or structure shall be replaced in
any 12 month period unless the new roof
covering is made to conform to the require-
ments of this Code for new buildings or
structures.
15.04.080. Section 3203 Amended. Notwithstanding the
provisions of Section 15.04.Oiv, Section 3203 of the Building
Code is amended to read:
Section 3203: Roof Covering Requirements.
Roof covering for all buildings shall be
Class A (having satisfied the fifteen -year
weathering test and certified as such by
Underwriting Laboratories or an equivalent
recognized testing agency), except as
provided in Section 104(g) of this code, and
except that any new addition or reroofing of
structures may match existing roof coverings
if not exceeding 200 square feet. Roof
coverings shall be securely fastened in an
approved manner to the supporting roof
construction and shall provide weather
protection for the building roof.
15.04.150. Violations and Penalties.
A. No person shall erect, construct, enlarge, alter,
repair, move, improve, remove, convert, demolish, equip, use,
occupy or maintain any building or structure or perform any
grading in the City of Rolling Hills, or cause the same to be
done, contrary to or in violation of any of the provisions of the
Building Code.
B. Penalty. Any person, firm or corporation
violating any of the provisions of the Building Code shall be
deemed guilty of a misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provi-
sions of the Building Code is committed, continued or permitted,
and upon conviction of any such violation such person shall be
punishable by a fine of not more than one thousand ($1,000.00)
dollars or by imprisonment in the County Jail for a period of not
more than six (6) months, or by both such fine and imprisonmeniC.
920611 W 0562817 (1) - 2 -
Section 2. Notwithstanding the provisions of Section 1
of this Ordinance, the Building Code referred to in said
Section 1 is amended as set forth in Exhibit "A"attached to this
Ordinance, a copy of which has been deposited in the office of
the City Clerk of the City of Rolling Hills and shall at all
times be maintained by the Clerk for use and examination by the
public.
Section 3. Chapter 15.08 of Title 15 of the Rolling
Hills Municipal Code is amended by repealing Section 15.08.025
and by amending Sections 15.08.010 and 15.08.040 to read:
15.08.010. Adoption of Plumbincz Code by Reference.
A. Except as hereinafter provided, Chapters 1 through
13 and Appendices A, B, C, D, and I of that certain Plumbing Code
known and designated as the "Uniform Plumbing Code, 1991
Edition", prepared by the International Association of Plumbing
and Mechanical Officials, and Title 28, Plumbing Code of the Los
Angeles County Code, as amended and in effect on June 15, 1992,
are hereby adopted by reference. Title 28 shall control over any
conflict with said Uniform Plumbing Code, 1991 Edition, Sections
15.08.020, et seq., of Chapter 15.08 of Title 15 of the Rolling
Hills Municipal Code are hereby readopted. The above-mentioned
codes or portions of Codes, amendments and sections which are
hereby adopted shall constitute and may be cited as the Plumbing
Code of the City of Rolling Hills.
A copy of the Uniform Plumbing Code, 1991 Edition,
Title 28 and Chapter 15.08 of Title 15 of the Rolling Hills
Municipal Code have been deposited in the office of the City
Clerk of the City of Rolling Hills and shall be at all times
maintained by the Clerk for use and examination by the public.
15.08.040. Violations and Penalty. Any person, firm
or corporation violating any provision of the Plumbing Code shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not to exceed one thousand
($1,000.00) dollars or by imprisonment in the County Jail for a
period not to exceed six (6) months, or by both such fine and
imprisonment. Each separate day or any portion thereof, during
which any violation of the Plumbing Code occurs or continues,
shall be deemed to constitute a separate offense and upon
conviction thereof, shall be punishable as herein -provided.
Section 4. Notwithstanding the provisions of Section 3
of this ordinance, the Plumbing Code referred to in said Section
3 is amended as follows:
(a) Subsection 117(b) of the Plumbing Code is amended
by deleting said Subsection.
(b) Subsection 117(c) of the Plumbing Code is amended
to read as follows:
920611 lsj 0562817 (1) — 3 —
(c) Person - Person is an individual human being,
a firm, partnership or corporation, his or their heirs,
executors, administrators, assigns, officers or agents; the
County of Los Angeles, and any local agency as defined in
Section 53090 of the Government Code, or officers thereof.
Singular includes plural, male includes female.
(c) Subsection 121(b) of the Plumbing Code is amended
to read:
(b) Toilet Room - A room within or on the
premises containing water closets, urinals and other required
facilities.
(d) Section 122(a) of the Plumbing Code is amended as
follows:
(a) U.P.C. - U.P.C. is the 1991 Edition of the
Uniform Plumbing Code, including Appendices A, B, C, D, and I as
published by the International Association of Plumbing and
Mechanical Officials.
(e) Subsection 122(a) of the U.P.C. is amended by
renumbering said Subsection to be Subsection 122(c).
(f) Section 201 of the U.P.C. is amended by adding
Subsection (k) which reads as follows:
(k) Provisions contained in this Code shall not
apply to one and two-family dwelling private sewage disposal
systems and minimum plumbing facilities when alternate facilities
or installations have been approved by the local health
authority, provided that such alternate facilities or
installations provide substantially equivalent protection to
health and safety.
(g) Subsection 310(d) of the Plumbing Code is deleted.
(h) Section 310 of the U.P.C. is amended by adding
Subsections (h) and (i) which read as follows:
(h) Piping over nurseries, food preparation
centers, food -serving facilities, food storage areas, electrical
rooms containing main electrical distribution panels or motor
control centers, and other critical areas shall be kept to a
minimum and shall not be exposed. Special precautions shall be
taken to protect these areas from possible leakage from necessary
overhead piping systems.
(i) Plastic piping shall not be exposed as a
portion of the interior room finish in a building or structure if
the piping has a flame -spread rating exceeding 75 when tested in
accordance with ASTM E84 -77a, "Test for Surface Burning
Characteristics of Building Materials".
.`20611 19j 0562817 (1) - 4 -
1
1
(i) The second paragraph of subsection 314(b) of the
Plumbing Code is amended to read as follows:
Existing building sewer and building drains may be
used in connection with plumbing alterations or repairs if such
sewers or drains have been properly maintained in a good and safe
condition, are working properly and were installed in accordance
with the applicable laws in effect at the time of installation.
(j) Subsection 318.1(a) of the Plumbing Code is
amended by renumbering said subsection to be Subsection 318(a)(1)
and is amended to read as follows:
(a) Scope. All new plumbing work, and such
portions of existing systems as may be affected by new work or
any changes shall be inspected by the Administrative Authority to
insure compliance with all the requirements of this Code and to
assure that the installation and construction of the plumbing
system is in accordance with approved plans. Special
construction and inspection may be required on work involving
special hazards or conditions and on work requiring extensive,
unusual or constant inspection. Special inspections, when
necessary, shall be accomplished by the means set forth in Title
26 of the Los Angeles County Code, except that the Special
Inspector shall be a qualified person approved and registered by,
and reporting to, the Chief Plumbing Inspector.
(k) Subsection 401(a) of the Plumbing Code is amended
to read as follows:
(a) Drainage piping shall be cast iron,
galvanized steel, galvanized wrought iron, lead, copper, brass,
Schedule 40 ABS DMV, Schedule 40 PVC DMV, extra strength
vitrified clay pipe, or other approved materials having a smooth
and uniform bore, except that:
(1) No galvanized wrought iron or galvanized
steel pipe shall be used under ground and shall be kept at least
six (6) inches (152.4 mm) above ground.
(2) ABS and PVC DMV piping installations shall be
limited to residential construction, not, more than two stories in
height.
(3) No vitrified clay pipe or fitting shall be
used above ground and shall be kept at.least twelve (12) inches
(.3m) below ground.
(1) Subsection 503(a) of the Plumbing Code is amended
to read as follows:
(a) Vent pipe shall be cast iron, galvanized
steel, galvanized wrought iron, lead, copper, brass, Schedule 40
920611 lsj 0562817 (1) — 5 —
ABS DMV, Schedule 40 PVC DMV or other approved materials, except
that:
(1) No galvanized wrought iron or galvanized
steel pipe shall be used underground and shall be kept at least,
six (6) inches above ground.
(2) ABS and PVC DMV piping installation shall be
limited to residential construction, not more than two (2)
stories in height.
(m) Subsection 802(a) of the U.P.C. is amended by
adding the following sentence which reads as follows:
All joints for liquid materials to be reamed to
full size and cleaned of all loose materials.
(n) Section 804 of the U.P.C. is amended by adding
Subsection 804(g) which reads as follows:
(g) Dielectric unions shall be used at all points
of connection where there is a dissimilarity of metals.
(o) Section 906 of the U.P.C. is amended by adding
Subsection 906(c) which reads as follows:
(c) Drinking Fountains - Drinking fountains shall
be installed and so regulated that a jet of water extending at
least two (2) inches from the water orifice shall be constantly
available. The orifice shall not be accessible to the mouth of
the drinker nor subject to immersion.
(p) Subsection 909(c) of the Plumbing Code is amended
to read as follows:
(c) Each shower receptor shall be an approved
type and be so constructed as to have a finished dam, curb, or
threshold which is at least one (1) inch (25.4 mm) lower than the
sides and back of such receptor. In no case shall any dam or
threshold be less than two (2) inches (50.8 mm) or more than nine
(9) inches (228.6 mm) in depth when measured from the top of the
dam or threshold to the top of the drain. The finished floor of
the receptor shall slope uniformly from the sides toward the
drain not less than one-quarter (1/4) inch per foot (20.9 mm/m),
nor more than one-half (1/2) inch per foot (41.8 mm/m).
Thresholds shall be of sufficient width to accommodate a minimum
22 inch (558.8 mm) door.
(q) The second paragraph of Section 1001 of the
Plumbing Code is amended to read as follows:
Water closets for residential buildings or
structures built prior to July 9, 1991 shall use a maximum of
3-1/2 gallons of water per flush as approved by the State
920611 lsj 0562817 (1) — 6 —
1
Department of Housing and Community Development. Water closets
and urinals installed in new buildings or structures shall comply
with the requirements of Section 913.
(r) Section 1010 of the Plumbing Code is amended to
read as follows:
Section'1O10 - Flow -Limiting Devices
Interior faucet fixtures, other than those for
bathtubs, shall be fitted with approved flow control devices
allowing a maximum flow rate of 2.2 gallons per minute. Shower
heads shall be fitted with approved flow control devices allowing
a maximum flow rate of 2.5 gallons per minute. The
Administrative Authority may waive these requirements where he
finds them impracticable.
Water closets and urinals installed in new
buildings or structures shall comply with the requirements of
Section 913.
(s) Chapter 11 of the U.P.C. is amended by changing
the Chapter Title to read as follows:
Building Sewers and Private Systems
(t) Subsection 1107(e) of the Plumbing Code is
deleted.
(u) Subsection 1110(b)(2) of the U.P.C. is amended to
read as follows:
(2) Provide additional space for a building sewer
or a private sewage disposal system or part thereof, when proper
cause, transfer of ownership, or change of boundary not in
violation of other requirements has been first established to the
satisfaction of the Administrative Authority. The instrument
recording such action shall constitute an agreement with the
Administrative Authority which shall clearly state and show that
the areas so joined or used shall be maintained as a unit during
the time they are so used. Such an agreement shall be recorded
in the Office of the County Recorder, as part of the conditions
of ownership of said properties, and shall be binding on all
heirs, successors and assigns to such properties. A copy of the
instrument recording such proceedings shall be filed with the
Administrative Authority.
(v) Subsection 1212(a) of the Plumbing Code is
deleted.
(w) Subsection 1213(b) of the Plumbing Code is amended
by renumbering said Subsection to be Subsection 1213.
9N611 tsj 0562517 cu - 7 -
(x) Subsection 1213(o) of the Plumbing Code is
deleted.
(y) Subsection 1307(c)(4) of the Plumbing Code is
deleted.
(z) Subsections D -1(a) and D -1(c) of Appendix D of the
U.P.C. are amended to read as follows:
(a) Rainwater piping placed within the interior
of a building or run within a vent or shaft shall be of cast iron
galvanized steel, wrought iron, brass, copper, lead, Schedule 40
ABS DMV, Schedule 40 PVC DMV or other approved materials. ABS
and PVC DMV piping installations shall be limited to residential
structures not exceeding two (2) stories in height.
(c) Rainwater piping located underground within a
building shall be of service weight cast iron soil pipe, Type DMV
copper tube, Schedule 40 ABS DMV, Schedule 40 PVC DMV, extra
strength vitrified clay pipe, or other approved materials. ABS
and PVC DMV piping installations shall be limited to residential
structures not exceeding two (2) stories in height.
(aa) Subsection I -4(c) of the Plumbing Code is deleted.
Section 5. Chapter 15.16 of Title 15 of the Rolling
Hills Municipal Code is amended by amending Sections 15.16.010
and 15.16.050 to read:
15.16.010. Adoption of Electrical Code.
A. Except as hereinafter provided, Title 27,
Electrical Code, of the Los Angeles County Code, adopted by Los
Angeles County Ordinance No. 92-0004, as amended and in effect on
June 15, 1992, consisting of Title 27 of the Los Angeles County
Code (formerly Ordinance No. 11096), adopting the National
Electrical Code, 1990 Edition, sponsored by the National Fire
Protection Association, commencing with page 70-1 through 70-833
inclusive except as otherwise provided in said Title 27 is hereby
adopted by reference.
B. A copy of Title 27 of the Los Angeles County Code
has been deposited in the office of the City Clerk and shall be
at all times maintained by the Clerk for use and examination by
the public.
15.08.050. Violations and Penalties.
A. No person, firm or corporation shall violate any
of the provisions of the Electrical Code. Each person, firm or
corporation violating any of the provisions of the Electrical
Code shall be deemed guilty of a separate offense for each day or
portion thereof during which such violation is committed, .
continued or permitted and shall be punishable by a fine of not
920611 t9j 0562817 (1) - 8
to exceed one thousand ($1,000.00) dollars or by imprisonment in
the County Jail for a period of not more than six months or by
both such fine and imprisonment.
B. In addition to the penalty set forth in
subsection (A) of this section any person who shall commence any
electrical work for which a permit is required without first
having obtained a permit therefor shall, if subsequently
permitted to obtain a permit, pay double the permit cost fixed by
Section 82-8 of the Electrical Code for such work. This
provision (Double Fee) shall not apply to emergency work when it
shall be proved to the satisfaction of the Chief Electrical
Inspector that such work was urgently necessary and that it was
not practical to obtain a permit therefor before the commencement.
of work. In all such cases, a permit must be obtained as soon as
it is practical to do so, and if there be an unreasonable delay
in obtaining such a permit, a double permit fee as herein
provided shall be charged.
Section 6. Chapter 15.12 of Title 15 of the Rolling
Hills Municipal Code is amended by repealing Section 15.12.025
and by amending Sections 15.12.010 and 15.12.040 to read:
15.12.010. AdoDtion of Mechanical Code.
A. Except as hereinafter provided, Chapters 4
through 17, Chapter 19, Chapter 20 and Appendices A and C of that
certain Mechanical Code known and designated as the "Uniform
Mechanical Code, 1991 Edition", jointly prepared by the
International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials,
and Title 29, Mechanical Code of the Los Angeles County Code, as
amended and in effect on June 15, 1992 are hereby adopted by
reference. Title 29 shall control over any conflict with the
Uniform Mechanical Code, 1991 Edition. Sections 15.12.020, et
seq., of Chapter 15.12 of Title 15 of the Rolling Hills Municipal
Code are hereby readopted. All the above mentioned codes or
portions of codes, amendments and sections which are adopted
shall constitute and may be cited as the Mechanical Code of the
City of Rolling Hills.
One copy of the Uniform Mechanical Code, 1991 Edition,
Title 29 and Chapter 15.12 of Title 15 of the Rolling Hills
Municipal Code have been deposited in the office of the City
Clerk of the City of Rolling Hills and shall be at all times
maintained by the Clerk for use and examination by the public.
15.12.040. Penaltv For Violation.
A. It shall be unlawful for any person, firm or
corpozation to erect, install, alter, repair, relocate, add to,
replace, use o7 maintain heating, ventilating, comfort cooling,
or refrigeratiE,n equipment in the jurisdiction, or cause the same
to be done, contrary to or in violation of any of the provisions
920611 tsj 056MI7 c» -'9 -
of the Mechanical Code. Maintenance of equipment which was
unlawful at the time it was .installed, and which would be
unlawful under said Mechanical Code, shall constitute a
continuing violation of said Mechanical Code.
B. Any person, firm or corporation violating any of
the provisions of said Mechanical Code shall be deemed guilty of
a misdemeanor, and each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of any of the provisions of said Mechanical
Code is committed, continued, or permitted, and upon conviction
of any such violation, such person shall be punishable by a fine
of not more than one thousand ($1,000.00) dollars or by imprizion-
ment in the County Jail for a period of not more than six (6)
months, or by both such fine and imprisonment.
Section 7. Notwithstanding the provisions of Section 6
of this Ordinance, the Mechanical Code referred to in said
Section 6 is amended as follows:
(a) Section 106 of the Mechanical Code is amended to
read:
Sec. 106. Heating, ventilating, comfort cooling,
refrigeration systems, or other miscellaneous heat -producing
appliances lawfully installed prior to the effective date of the
Mechanical Code may have their existing use, maintenance or
repair continued if the use, maintenance or repair is in
accordance with the original design and location and is not a
hazard to life, health or property.
All heating, ventilating, comfort cooling, or
refrigeration systems, or other miscellaneous heat -producing
appliances, both existing and new, and all parts thereof, shall
be maintained in a safe and sanitary condition. All devices or
safeguards which are required by the Mechanical Code in heating,
ventilating, comfort cooling, or refrigeration systems or other
miscellaneous heat -producing appliances when installed, altered,
or repaired, shall be maintained in good working order.
The owner or his designated agent shall be responsible
for the maintenance of heating, ventilating, comfort cooling,
refrigeration systems or other miscellaneous heat -producing
appliances.
(b) Subsection 303(b) of the Mechanical Cod -J. is
amended to read:
(b) Expiration. Every permit issu,:Iii by '_ u,
Building Official under the provisions of the Mech:_:nical 0,de
shall expire by limitation, and become null and vc:'.d, if the work
authorized by such permit is not commenced within i80 days from
Ii date of such permit, or if the work authorized by such permit
is suspended or abandoned at any time after the work iu commenced
920611 lsj 0562817 (1) .. 10 —
for a period of 180 days. Before such work can be recommenced, a
new permit shall be first obtained so to do, and the fee therefor
shall be one-half the amount required for a new permit for such
work, provided no changes have been made or will be made in the
original plans and specifications for such work; and provided,
further, that such suspension or abandonment has not exceeded one
year.
(c) Section 417 of the U.M.C. (Group R Occupancies) is
amended to read:
Group R Occupancies:
Division 1. Hotels and apartments. Congregate
residences (each accommodating more than 10 persons).
Division 2. Not used.
Division 3. Dwellings and lodging houses, and large
and small day-care homes. Congregate residences (each
accommodating 10 persons or less.
(d) Section 423 of the U.M.C. is amended to read:
U.M.C. is the 1991 Edition of the Uniform
Mechanical Code, including Appendices A and C, as jointly
published by the International Conference of Building Officials
and the International Association of Plumbing and Mechanical
Officials.
U.M.C. STANDARDS are the Uniform Mechanical Code
Standards included in Appendix A of the 1991 Edition of the
Uniform Mechanical Code.
(e) Subsection 604(1) of the U.M.C. is hereby
renumbered subsection 604(a)1.
(f) Section 704 of the U.M.C. is amended by adding the
following subsection to read as follows:
8. Under openable windows on exterior walls.
Section 8. The modifications to the Building Code,
Electrical Code, Plumbing Code and Mechanical Code that have
previously been enacted are merely a continuation of the Rolling
Hills Building, Electrical, Plumbing and Mechanical Codes, and
all of the changes and modifications to the Building, Electrical,
Plumbing and Mechanical Codes, whether previously enacted or
enacted in this ordinance, are reasonably necessary because of
local climate, characterized by hot, dry summers, followed by
strong Santa Ana winds and heavy winter rains, the location in
Southern California and the hilly terrain characterized by
instability.
920611 t*J 0562817 (1)
Section 9. The City contracts with the County of Los
Angeles for certain services, including building inspection
services. To obtain those services, it is necessary to adopt
local building codes in the form they are adopted by the County
of Los Angeles. Therefore, this ordinance adopts, like the
County ordinances, the Uniform Codes as approved by code writing
organizations, the amendments to those codes adopted by agencies
of the State of California upon the incorporation of those codes
into the California Building Standards Code, and the local
amendments stated in this ordinance. In so doing, this ordinance
adopts and amends the applicable provisions of the California
Building Standards Code as required by Health & Safety Code
Section 18941.5.
PASSED, APPROVED and ADOPTED this 22nd day of
June . 1992.
Mayor
ATTEST:
City Clerk
920611 lsj 0562817 (1) — 12
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 237 entitled:
ORDINANCE NO. 237: AN ORDINANCE OF THE CITY
OF ROLLING HILLS ADOPTING BY REFERENCE THE
UNIFORM BUILDING CODE, 1991 EDITION, AND
AMENDMENTS THERETO; LOS ANGELES COUNTY CODE,
BUILDING CODE, TITLE 26, AND AMENDMENTS
THERETO; LOS ANGELES COUNTY CODE, ELECTRICAL
CODE, TITLE 27; THE UNIFORM PLUMBING CODE,
1991 EDITION, AND AMENDMENTS THERETO; LOS
ANGELES COUNTY CODE, TITLE 28, AND AMENDMENTS
THERETO; THE UNIFORM MECHANICAL CODE, 1991
EDITION, AND AMENDMENTS THERETO; LOS ANGELES
COUNTY CODE, TITLE 29, AND AMENDMENTS THERETO;
ADOPTING AMENDMENTS TO SAID CODES, AND
READOPTING PORTIONS OF TITLE 15 OF THE ROLLING
HILLS MUNICIPAL CODE.
was passed and adopted by the Rolling Hills City Council on June
22, 1991 by the following vote:
AYES: Councilmembers Leeuwenburgh and Pernell; Mayor
Swanson.
NOES: None.
ABSENT: Councilmember Heinsheimer and Mayor Pro Tem Swanson.
ABSTAIN: None.
and in compliance with the laws of California was posted at the
following:
Administration Offices J
De uty City C1r
1
ORDINANCE NO. U-54
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE AND AMENDING THE
UNIFORM FIRE CODE, 1991 EDITION, AMENDING THE
ROLLING HILLS MUNICIPAL CODE AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS HEREBY
ORDAINS AS FOLLOWS:
Section 1. Chapter 15.20 of Title 15 of the Rolling
Hills Municipal Code is hereby amended to read as follows:
"CHAPTER 15.20
FIRE CODE
15.20.010 Short Title. This chapter shall be
known as the "Fire Code of the City of Rolling Hills"
and may be cited as such.
15.20.020 Adoption of Fire Code. A. Except as
provided in this Chapter, the Uniform Fire Code, 1991
edition, as promulgated and published by the
International Conference of Building Officials and the
Western Fire Chiefs Association, excluding Appendices
I -A through VI -F, and including the amendments to that
Code as set forth in Title 24, Part 9 of the California
Code of Regulations and in Exhibit "A," adopted by and
attached to Ordinance No. U-54 ;.,, is hereby adopted by
reference as though fully set forth herein, and shall
constitute the Fire Code of the City of Rolling Hills.
B. One copy of the Fire Code, as so amended, has
been deposited with the office of the City Clerk of the
City of Rolling Hills and shall at all times be
maintained, along with a copy of Exhibit "A" of
Ordinance No. U-54 :-, by said Clerk for use and
examination by the public.
15.20.030 Permits. Any permit heretofore issued
by the County of Los Angeles pursuant to the Fire Code
of said County, for work within the territorial
boundaries of the City of Rolling Hills, shall remain
in full force and effect according to its terms.
15.20.040 Brush Clearance,. Notwithstanding the
provisions of Section 15.20.020, Section 11.702 is
added to the Fire Code to read:
"Structures
Sec. 11.702. Any owner of record of any
land within the City of Rolling Hills which
contains growth which, in the opinion of the
Fire Chief, is then or may become dangerously
flammable, shall at all times on such
person's own land, whether improved or
unimproved:
a. Maintain around and adjacent
to each home, building or structure, whether
on such person's land or adjacent thereto, an
effective fire protection or firebreak made
by completely removing and clearing away, for
a distance from such house, building or
structure, of not less than thirty (30)
lineal feet on each side thereof, growth
which in the opinion of the Fire Chief is
then or may become flammable. This section
shall not apply to single specimens of living
trees, ornamental shrubbery or cultivated
ground cover such as lawn, ivy, succulents,
or similar plants used as ground covers,
provided that they do not form a means of
readily transmitting fire from flammable
growth to any structure in the City of
Rolling Hills.
b. Maintain around and adjacent
to each house, building or structure an
additional fire protection or firebreak made
by removing all brush, flammable vegetation
or combustible growth located from thirty
(30) feet to one hundred thirty (130) feet
from such house, building or structure. The
Chief may increase the one hundred thirty
(130) foot distance when it is found that
because of extra hazardous conditions a
firebreak of only thirty (30) feet around
such structures is not sufficient to provide
reasonable fire safety, or that the
additional one hundred (100) feet is not
reasonable fire protection, based on local
circumstances of the site. Grass and other
vegetation located more than thirty (30) feet
from each house, building or structure and
less than six (6) inches in height above the
ground may be maintained where necessary to
stabilize the soil and prevent erosion.
C. Remove that portion of any
tree which extends within twenty (20) feet of
the outlet of any chimney, or additional
distances as deemed in the best interest of
920717 amr 1100358 (1) — 2 —
1
1
fire protection as specified by the Fire
Chief.
d.
or overhanging
wood.
e.
structure free
dead vegetative
Maintain any tree adjacent to
any building free of dead
Maintain the roof of any
of leaves, needles, or other
growth."
15.20.050 Violations. A. Every person violating
any provision of the Fire Code or of any permit or
license granted hereunder, or any rule, regulation or
policy promulgated pursuant hereto, is guilty of a
misdemeanor unless such violation is otherwise declared
to be an infraction by Section 15.20.070 of this
Chapter. Each such violation is a separate offense for
each and every day during any portion of which such
violation is committed.
B. Every violation determined to be an infraction
hereunder is punishable in such manner and to such
extent as is provided by Section 1.08.020.B of this
Code.
C. For the purposes of this Section, a forfeiture
of bail shall be equivalent to a conviction.
920717 amr 1100358 (1) — 3
15.20.060 Responsibility. Any person who
personally or through another willfully, negligently,
or in violation of law sets a fire, allows a fire to be
set, or allows a fire kindled or attended by such
person to escape from his or her control, allows any
hazardous material to be handled, stored or transported
in a manner not in accordance with nationally
recognized standards, allows any hazardous material to
escape from his or her control, neglects to properly
comply with any written notice of the Chief, or
willfully or negligently allows the continuation of a
violation of the Fire Code and amendments thereto is
liable for the expense of fighting the fire or for the
expenses incurred during a hazardous materials
incident, and such expense shall be a charge against
that person. Such charge shall constitute a debt of
such person and is collectible by the public agency
incurring such expense in the same manner as in the
case of an obligation under a contract, expressed or
implied.
920717 amr 1100358 (1) — 3
15.20.070 List of Infractions. In accordance
with Section 15.20.050 of this Chapter, the violation
of the following Sections or Subsections of the Fire
Code shall be infractions:
Section
Offense
4.108
Failure to obtain permit
10.103
Hydrant use approval
10.105(a)
Obstruction of fire protection equipment
10.106(b)
Trespassing on a closed road
10.205
Obstructing access roadway
10.301
Building numbering
10.505
Portable fire extinguishers
11.203
Open fires
11.302(a)
Combustible waste -storage within
buildings
11.302(d)
Accumulation of waste material
11.303(e)
Combustible storage beneath structure
11.402(a) -(c)
Asphalt kettles
11.405(b)
Sweating pipe
11.503
Discarding burning objects
11.504
Hot ashes and other dangerous materials
11.702
Clearance of brush -- Structure
11.703
Clearance of brush -- Extra hazard
11.817
Fire roads and firebreaks
12.106(c)
Door locking devices
12.106(f)
Exit doors readily distinguishable
12.109(c)
Stairway -- Storage under
12.111(d)
Exit sign illumination -- Maintenance of
14.108(a)
Failure to maintain alarm system
14.108(b)
Failure to notify Fire Department
29.104(c)
Waste oil storage
32.114(b)
Exit sign illumination -- Tents
32.119(a)
Housekeeping -- Vegetation
32.119(b)
Housekeeping -- Storage
34.103
Junkyard storage -- No smoking
34.107
Access to area -- Junkyard
45.103
Smoking prohibited
45.104
Welding warning signs
45.204(c)
Discarded filter pads
45.209(b)
Portable fire protection equipment
45.210
Operations and maintenance
45.306
Combustible debris and metal waste cans
45.307(a)
Portable fire extinguisher
45.403(b)
Signs -- "Dangerous"
45.706
"No smoking" sign
74.104
Cylinders -- Identification
74.107
Securing of cylinders
76.108
Smoking
79.201(c)
Empty containers
920717 amr 1100358 (1)
— 4 —
1
1
79.903(d)
Safety rules
79.1108
Smoking
79.1204
No smoking
79.1408
"No smoking" sign
79.1410
Fire protection
79.1514
Housekeeping
79.1607
Smoking
79.1608
Waste combustibles
80.301(d)
Hazardous materials signage
80.301(x)
Combustible materials clearance
80.401(n)
Hazardous materials -- Dispensing, use
and handling -- Signage . .
80.402(c)5
Combustible materials clearance
82.108
LPG container -- "No Smoking" signs
82.109
Combustible material -- Clearance from
LPG container
83.103
Matches -- Storage
85.106
Extension cords."
Section 2. The City Council hereby adopts Exhibit "A,"
attached hereto and incorporated herein by this reference.
Section 3. The City Council hereby finds, determines
and declares that the above modifications to the California Fire
Code are reasonably necessary for the health, safety, and general
welfare of the residents of the City due to the following local
climatic, geological and topographical conditions:
The local climate is characterized by hot, dry summers,
followed by strong Santa Ana winds, which are further accentuated
by the topographical features of hills and canyon areas in and
adjacent to the City, and heavy winter rains. These climatic
conditions make structures in the City particularly vulnerable to
rapidly spreading, wind -driven fires.
The City's zoning ordinances promote the preservation
of grasslands and canyon lands, and significant expanses of
grasslands exist in and adjacent to the City. Grass fires are a
frequent and natural part of Southern California's ecosystem.
Structures located near grasslands require additional protection
against ignition from flying embers.
Section 4. To the extent the provisions of this
Ordinance are substantially the same as previous provisions of
the Rolling Hills Municipal Code, these provisions shall be
construed as continuations of those provisions and not as new
enactments.
Section 5. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance or any
part hereof or exhibit hereto is for any reason held to be
920717 amr 1100358 (1) — 5 —
invalid, such invalidity shall not affect the validity of the
remaining portions of this Ordinance or any part thereof or
exhibit thereto. The City Council of the City of Rolling Hills
hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared invalid.
Section 6. State law requires -that municipalities
adopt the Uniform Fire Code, and any modifications thereto, by
August 12, 1992. It is essential that the City have in effect on
that date a Fire Code that comports with state law and contains
those modifications necessitated by unique local topographical,
geological, and climatic conditions. In the absence of immediate
effectiveness of this Ordinance, the provisions of the Fire Code
which are herein amended and which are unique to this City's
special circumstances will not be in place, thereby creating a
detrimental impact on the public peace, health, safety and
welfare.
For these reasons, the public peace, health, safety and
welfare require that this Ordinance take effect immediately.
This is an urgency ordinance within the meaning of Government
Code Section 36937(b) and shall take effect immediately. Its
provisions shall become operative on August 12, 1992 pursuant to
Health and Safety Code Section 18941.5.
PASSED, APPROVED and ADOPTED this j� day of
August . 1992.
A"Mjw�
MAYOR
ATTEST:
Sf /&41
CITY CLERK
920717 amr 1100358 (1) — 6 —
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No.U54 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE AND AMENDING THE UNIFORM
FIRE CODE, 1991 EDITION, AMENDING THE ROLLING
HILLS MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF.
was passed and adopted by the Rolling Hills City Council on
August 10. 1992 by the following vote:
AYES: Councilmembers Leeuwenbur;h, Pernell, Mayor Pro Tem Murdock
and Mayor Swanson
NOES: None
ABSENT:Councilmember Heinsheimer
ABSTAIN: None
and in compliance with the laws of California was posted at the
following:
Administration Offices
Deputy City Clerk
u
0
ORDINANCE NO. 238
AN ORDINANCE OF THE CITY OF ROLLING HILLS
RELATING TO THE LIMITATIONS PERIOD FOR
CHALLENGING THE ADMINISTRATIVE OR QUASI-
JUDICIAL ACTIONS OF THE CITY AND AMENDING
THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 1.04 of the Rolling Hills Municipal Code is hereby
amended by adding Section 1.04.075, to read as follows:
111.04.075 Challeneine the Administrative and Ouasi-Judicial Actions of the,
Citv: Time In Which Actions Must Be Brought.
Any action challenging a final administrative order or decision by the
City made as a result of a proceeding in which by law a hearing is required
to be given, evidence is required to be taken, and discretion regarding a final
and non -appealable determination of facts is vested in the City of Rolling
Hills, or in any of its Boards, Commissions, officers or employees, must be
filed within the time limits set forth in California Code of Civil Procedure
Section 1094.6."
PASSED, APPROVED and ADOPTED this 8th day of February, 1993.
ATTEST:
Deputy City C erk
-1-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 238 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
RELATING TO THE LIMITATIONS PERIOD FOR
CHALLENGING THE ADMINISTRATIVE OR QUASI-
JUDICIAL ACTIONS OF THE CITY AND AMENDING
THE ROLLING HILLS MUNICIPAL CODE.
was passed and adopted by the Rolling Hills City Council February 8, 1993 by the following
vote:
AYES: Councilmember Pernell, Mayor Pro Tem Murdock and
Mayor Swanson.
NOES: None.
ABSENT: Councilmembers Heinsheimer, and Leeuwenburgh.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
-2-
Deputy City Clerk
1
ORDINANCE NO. 239
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING
THE 1993 ZONING ORDINANCE AS AMENDED, AND AMENDING
TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. On June 25, 1990, the City Council adopted a comprehensive update
of the City of Rolling Hills General Plan. Pursuant to California Government Code Section 65860,
the City is required to bring its Zoning Ordinance into consistency with the City's amended General
Plan.
Section 2. The City retained Cotton/Beland/Associates to prepare the Zoning
Ordinance update. Since 1990, several drafts of the Ordinance have been prepared by
Cotton/Beland/Associates.
Section 3. On August 29, 1991, the City Council and Planning Commission held
a duly noticed joint meeting to review the draft Zoning Ordinance which resulted in further
revisions to the draft document.
Section 4. In conjunction with the preparation of the General Plan Update, an
environmental impact report (EIR) was prepared to evaluate the potential environmental effects
of the General Pian and Zoning Ordinance amendments. By Resolution Number 617, the City
Council certified the EIR on June 25, 1990.
Section 5. On October 22, 1992, the Planning Commission held a duly noticed
meeting to review the August, 1992 draft of the proposed ordinance.
Section 6. On January 23, 1993, notice was sent, in accordance with Government
Code Section 65090 to every owner of property in the City indicating that a public hearing would
be held before the Planning Commission to consider adoption to the Zoning Ordinance update.
Notice was also given, pursuant to Public Resources Code Section 21092 of the Planning
Commission's consideration of a finding that the Zoning Ordinance is consistent with the project
reviewed and approved in the EIR that was certified in conjunction with the General Plan update.
Section n . On February 16, 1993, the Planning Commission held a duly noticed
Public hearing to consider the Draft Zoning Ordinance, pursuant to the requirements of
Government Code Section 65854. At the hearing, after evidence was heard and presented from
all persons interested in affecting said proposal, from all persons protesting the same, and from
members of the City staff and the Planning Commission having reviewed, analyzed and studied said
proposal, the Commission adopted Resolution No. 93-10 recommending approval of the draft
Zoning Ordinance to the City Council, pursuant to the requirements of Government Code No.
65855.
Section 8. On March 22, 1993, April 12, 1993, April 26, 1993, May 10, 1993 and
May 24, 1993 the City Council held a duly noticed public hearing to consider the Draft Zoning
Ordinance, pursuant to the requirements of government Code Section 65856. Evidence was heard
and presented from all persons interested in affecting said proposal, from all persons protesting the
same, and from members of the City staff and the City Council having reviewed, analyzed and
studied said proposal.
Section 9. With respect to the environmental impacts of the proposed Zoning
Ordinance, the City Council finds as follows:
(a) The Zoning Ordinance and its various components are consistent with the
project that was environmentally reviewed in the EIR that was certified by the City Council on .June
25, 1990 for the General Plan Update. The City Council reaffirms its earlier finding that the EIR
was completed in compliance with CEQA and that it reflects the independent judgment of the City.
Ordinance No. 239 -1-
(b) The cumulative environmental effects identified in the Safety Element
regarding landslide hazards in the Flying Triangle area relate to the potential for additional
development in that area. Although property in the Flying Triangle area will continue to be zoned
residential, development in this area will be curtailed by enforcement of building code requirements
that disallow development on geologically unstable land and by implementation of hazard
mitigation and slope maintenance plans for developments in landslide areas. Therefore, pursuant
to Public Resources Code Section 21081 (a) the potentially significant cumulative environmental
impacts of this project will be mitigated to the extent feasible.
(c) The cumulative environmental effects identified in the Circulation Element
relate to an increase of 590 vehicle trips per day generated from the additional growth of 59 units
allowed by the Land Use Element of the General Plan. The increased traffic will represent less
than a one percent (1%) increase in average daily trips on the City's roadways and is therefore not
considered significant.
(d) Other than the impacts identified above, the EIR did not identify any other
significant environmental impacts that could not be mitigated to a level of insignificance.
Section 10. After considering the information presented during the public hearing
on this matter, the City Council finds that the proposed Zoning Ordinance amendments comply
with the requirements of the State Planning and Zoning Laws (Government Code Section 65850
through Section 66403) for the following reasons:
(a) The Draft Zoning Ordinance: (1) provides for a zoning designation for each
parcel of property in the City; (ii) regulates the permitted uses of buildings or structures in each
zone; (iii) regulates the size of lots and yards; (iv) provides requirements for offstreet parking, (v)
establishes setback lines; and (vi) provides for a Public Facilities Zone.
(b) The Draft Ordinance is consistent with the goals and requirements of the
City's General Plan, including but not limited to, providing land for the performance of public
service functions of the City and County and implementing the General Plan's goals of preserving
the rural and low profile character of residential development in the City.
Section 11. Based upon the findings contained in Section 10 of this Ordinance, the
City Council: (i) hereby adopts the 1993 Zoning Ordinance, a copy of which is on file in the office
of the City Clerk subject to the amendments to that document as specified in Exhibit A attached
to this Ordinance; and (ii) amends Title 17 of the Rolling Hills Municipal Code to incorporate the
provisions of the 1993 Zoning Ordinance as amended as the text for Title 17.
PASSED, APPROVED and ADOPTED this 24th day of May, 1993.
JOI&Y RD6CK, MAYOR
ATTEST:
CRAI ?NEALIS, CITY CLERK
1
O:, dinance No. 239 -2-
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 239 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING THE
1993 ZONING ORDINANCE AS AMENDED, AND AMENDING TITLE 17
OF THE ROLLING HILLS MUNICIPAL CODE.
was passed and adopted by the Rolling Hills City Council on May 24, 1993 by the following vote:
AYES: Councilmembers Heinsheimer, Pernell, Swanson and.
Mayor Murdock.
NOES: None.
ABSENT: Mayor Pro Tem Murdock.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
Ordinance No. 239 -3-
&X_x.4
CR kG R. NEALIS, CITY CLERK
EXHIBIT A
AMENDMENTS TO 1993 DRAFT ZONING ORDINANCE
(Page v)
ACTION: Amend 17.16.190 line to read as follows:
"17.16.190 Additional Residential Development Standards"
(Page vii)
ACTION: After "17.26.080 Notification of Subsequent Owners,"
add:
"CHAPTER 17.27 ADDITIONAL DEVELOPMENT STANDARDS"
(Page 18)
ACTION: Amend Section 17.16.010(A) to read as follows:
"A. The Residential Agriculture -Suburban (RA -S) zone is
established to provide suitable standards for development
of single-family residential homes within the City.
these standards are intended to promote development which
is of high quality, which does not adversely impact
adjacent properties, and which preserves the rural.
character, natural terrain, flora and fauna of the
community."
(Page 19)
ACTION: Delete Section 17.16.040(B)(7) ("Outdoor storage:: of
recreational vehicles, etc.").
(Page 23)
ACTION: Add the word "no" to second line of Section
17.16.080(B)(2) to read:
2. Barns or stables may have a loft, provided the loft area
has no glazed openings and that the loft area is limited
in use to the storage of feed, tack, and stable
equipment."
Amendments to 1993 Draft Zoning Ordinance
May, 1993
Page 1
1�
(Page 23)
ACTION: Amend next to last line of Section 17.16.095 to read as
follows:
"feet, as specified in the City's Subdivisions Code, (Title 16
of the Municipal Code)."
(Page 25)
ACTION: Amend Section 17.16.150(A) to read as follows:
"A. A boundary fence is permitted in any yard, provided the
fence is located either on the perimeter easement line or
not more than five (5) feet outside of and parallel to
the perimeter easement line. In the absence of an
easement line, a boundary fence may be located on the
property line."
(Page 26)
ACTION: Amend Section 17.16.160(B) as follows and delete
Paragraphs 1 through 4:
"B. Parking Requirements
Every single-family dwelling, including manufactured
homes used as a primary residence, shall have a garage
with a minimum capacity of two cars with direct paved
access to a maintained roadway."
(Page 27)
ACTION: Amend Section 17.16.190 title to read:
"Section 17.1.6.190 Additional Residential Development
Standards"
(PAGE 28)
ACTION: Amend Section 17.16.190(A)(1) to read:
"1. Every single family dwelling shall have an eave
projection of at least two feet, unless incompatible with
neighboring residences."
Amendments to 1993 Draft Zoning Ordinance
May, 1.993
Page 2
1
ti4 s�
(Page 30)
ACTION: Amend Section 17.16.200(G)(1) to read:
"1. No more than an aggregate total of three recreational
vehicles, boats, trailers, or horse trailers may be
stored on any one property:"
(Page 37 & 37.1)
ACTION: Delete entire Section 17.16.210(B)(7) (Outdoor Storage),
including Paragraphs a through f.
(Page 41)
ACTION: In Section 17.24.020, delete the word "vested" from the
. third line.
(Page 51)
ACTION: In Section 17.30.010(B), delete the word "vested" in the
third line of the introductory Paragraph B.
"and protects the health, safety, and welfare of the
citizens of Rolling Hills."
(Page 67)
ACTION: Amend Section 17.46.020(A)(3) to read as follows:
"3. The expansion, modification, alteration, or repair of any
existing building or structure which either:
(i) requires a grading permit; or
Amendments to 1993 Draft Zoning Ordinance
May, 1993
Page 3
(Page 59)
ACTION:
In Section
17.38.020, amend the last line of the
paragraph to
read:
"specified
in Section 17.38.050."
(Page 67)
ACTION:
In Section
17.46.010 (Purpose), change the word "on" to
"of" in the
next to the last line of paragraph to read:
"and protects the health, safety, and welfare of the
citizens of Rolling Hills."
(Page 67)
ACTION: Amend Section 17.46.020(A)(3) to read as follows:
"3. The expansion, modification, alteration, or repair of any
existing building or structure which either:
(i) requires a grading permit; or
Amendments to 1993 Draft Zoning Ordinance
May, 1993
Page 3
(ii) which increases the. size of the building or
structure by at least one thousand (1,000) square
feet and has the effect of increasing the size of
the building or structure by more than 25% in any
36 -month period."
(Page 78)
ACTION: Amend Section 17.54.070 (Statute of Limitations) to read
as follows:
"Any action challenging a final administrative order or
decision by the City made as a result of a proceeding in which
by law a hearing is required to be given, evidence is required
to .be taken, and discretion regarding a final and non -
appealable determination of facts is vested in the City of
Rolling Hills, the City Council, or in any of its Commissions,
officers or employees, must be filed within the time limits
set forth in California Code of Civil Procedure Section
1094.6."
I -
Amendments
to 1993 Draft Zoning Ordinance
May, 1993
Page 4
ORDINANCE NO. 240
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING
WATER EFFICIENT LANDSCAPING REQUIREMENTS IN
ACCORDANCE WITH STATE GOVERNMENT CODE SECTION
65594, AND AMENDING THE ROLLING HILLS MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS.
FOLLOWS:
Section 1. The City Council makes the following findings with respect to the adoption of
this Ordinance:
A. The waters of the State of California are of limited supply and are subject to ever
increasing demands;
B. The continuation of the State of California's economic prosperity is dependent on
adequate supplies of water being available for future uses;
C. It is the policy of the State of California and the City of Rolling Hills to promote the
conservation and efficient use of water and to prevent the waste of this valuable
resource;
D. Landscapes are essential to the quality of life in the State of California and City of
Rolling Hills by providing areas for active and passive recreation; an aesthetic
enhancement of the built environment; and by cleaning air and water, preventing
erosion, offering fire protection, and replacing ecosystems lost to development;
E. The City of Rolling Hills is a unique, well-established residential community where
development consists almost exclusively of single-family residential houses on large
estate -size lots and existing non-residential development in the community consists
of City administration, fire, and school maintenance public facilities;
F. Landscape design, installation, and maintenance can and should be water efficient;
G. In 1990, the State of California enacted the Water Conservation in Landscaping Act
and added it to the California Government Code (Section 65591, et seq.); and
H. Said Act provides that each City which has not adopted a water efficient landscape
ordinance by January 1, 1993 shall enforce the provisions of the State's model
ordinance pursuant to subdivision (a) of Section 65594 of the Government Code.
Section 2. The City Council finds that the adoption of this program is a project which will
not have a significant effect on the environment. The City Council adopts a Negative Declaration
for the project in accordance with the California Environmental Quality Act.
Section 3. Section 17.27.020 is added to Title 17 of the Rolling Hills Municipal Code to
read:
"17.27.020. WATER EFFICIENT LANDSCAPING REQUIREMENTS
A. APPLICABILITY
1. The provisions of this Section shall apply to:
a. New or rehabilitated landscaping for institutions, parks, public
recreational areas, and public facility common areas; and
b. New and rehabilitated landscaping for single-family residential projects
if those projects are (i) subject to Site Plan Review under this title, and
(ii) the Planning Commission or City Council requires compliance with
this Section as a condition of that approval.
2. The provisions of this Section shall not apply to:
a. New or rehabilitated landscaping for single-family projects that are not
subject to Site Plan Review Approval or which are subject to Site Plan
Review Approval but the Planning Commission or City Council does
not require compliance with this Section as a condition of that
approval; and
b. Ecological restoration projects that do not require a permanent
irrigation system.
3. The City Manager may grant exceptions to any of the design and I improvement standards in this Section. Such exemptions may be granted if
the City Manager finds the proposed design and improvement is in substantial
compliance the with purpose and intent of this Section.
DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of terms used in this
Chapter shall be as defined in this section.
1. Application Rate - The rate of irrigation (inches/hour or gallons per minute)
at which water is applied by an irrigation system.
2. Automatic Control Valve - A valve in an irrigation system which is activated
by an automatic electric or hydraulic controller.
3. Automatic Irrigation System - An Irrigation system that can be controlled
without manual manipulation and which operates on a pre-set program.
4. Contour - A line drawn on a plan which connects all points of equal elevation
above or below a known or assumed reference point.
5. Controller - An automatic timing device with enclosure, which signals
automatic valves to open and close on a pre-set program.
6. Cycle - In irrigation, the complete operation of a controller station.
7. Designer - A person qualified to practice landscape architecture and/or
irrigation design.
8. Director - The Director of Planning (or other appropriate department) of the
City.
9. Grading - Earthwork performed to alter the natural contours of an area to be
planted.
10. Hydrozone - A portion of the planting area having plants grouped according
to water need.
11. Infiltration Rate - The rate (inches per hour) in which water moves through
soil under natural conditions.
12. Irrigation System - A complete connection of system components, including
the water distribution network and the necessary irrigation equipment and
downstream from the backflow prevention device.
13. Planting Area - The parcel area less building pad(s), driveway(s), patio(s),
deck(s), walkway(s) and parking area(s). Planting area includes water bodies
(i.e. fountains, ponds, lakes) and natural areas.
14. Planting Plan - A plan shall identify location, spacing, numbers, container
sizes of all plant materials including common and botanical names.
Ordinance No. 240 -2-
15. Rehabilitated Landscape - Any planting area in which 50 percent of existing
landscape materials are replaced or modified within any 12 -month period.
Examples include a change of plants or ground cover, installation of a new
irrigation system, and grading modifications.
16. Station - A position on an automatic irrigation controller which indicates the
control point of automatic irrigation valves.
17. Turf - A surface or earth containing grass with its roots.
C. LANDSCAPE PLAN REQUIRED
1. With respect to development projects subject to this Section, a landscape plan
must be submitted to and approved by the City of Rolling Hills Planning
Department staff prior to the issuance of any grading and building permit.
The landscaping plan submitted must comply with the purpose and intent of
the Zoning Ordinance, shall incorporate existing mature trees and native
vegetation, and shall utilize to the maximum extent feasible, plants that are
native to the area and/or consistent with the rural character of the
community. In addition, the landscape plan shall, to the maximum extent
feasible, incorporate the following elements:
a. Utilize low gallonage irrigation system.
b. Utilize automatic controllers.
C. Incorporate an irrigation design by hydrozones .
d. Consider slope factors and climate conditions in design.
e. Utilize an irrigation design which reduces water waste resulting from
runoff and overspray.
2. CONTENTS OF LANDSCAPE PLAN
Each required Landscape Plan shall consist of the following elements
including, but not limited to the following:
a. Water Conservation Concept Statement. Each required landscape plan
shall include a cover sheet referred to as the Water Conservation
Concept Statement, which serves as a checklist to verify that the
elements of the Landscape Plan have been completed and includes a
brief narrative summary of the project. Said statement shall include
a calculation of the project's estimated water use.
b. Planting Plan. The planting plan shall identify location, spacing,
numbers, container sizes of all plant materials including common and
botanical names, drawn on project base sheets in a clear and legible
fashion in accordance with the guidelines established to implement the
provisions of this Chapter.
C. Irrigation Plan. The irrigation plan shall identify all components of
the irrigation system drawn on project base sheets in a clear and
legible fashion in accordance with the guidelines established to
implement the provisions of this Chapter.
d. Annual Irrigation Schedule. The annual irrigation schedule shall be
prepared, with a minimum four -season water schedule, for both the
plant establishment period and established landscape. The irrigation
schedule shall include run time and frequency of irrigation for each
station.
e. Soils Test. The landscape plan shall include a report of soils test
which includes information on soil infiltration rate, soil texture, and
agricultural suitability.
Ordinance No. 240 -3-
D. WATER FEATURES
Decorative water features such as pools, ponds, and waterfalls used in -landscaped
areas shall incorporate recycling of water, and where available, use reclaimed water
and shall be designed and operated to minimize water loss.
E. WATER METERS
Each required landscape irrigation system which is required for projects specified in
Section 17.27.020 (A)(1)(a) shall be metered for water use, separately from domestic
and other non -landscape uses.
F. BOND
The project applicant shall submit a bond in the amount of the cost estimate of the
implementation of the landscaping plan plus 15% which shall be posted prior to
issuance of a grading and building permit. The bond shall be retained with the City
for not less than two years after landscape installation. The retained bond will be
released by the City Manager after the City Manager determines that the landscaping
was installed pursuant to the landscaping plan as approved, and that such landscaping
is properly established and in good condition.
G. LANDSCAPE CERTIFICATE
Upon completion of the installation of the landscaping, the designer shall certify that
the landscape complies with all requirements of this Chapter. Certification shall be
accomplished by completion of a Landscape Certificate on a form approved by the
City Manager. Failure to submit a complete and accurate Landscape Certificate will
delay final approval of the project and/or discontinue water service.
H. LANDSCAPE IRRIGATION AUDIT
Each required landscape irrigation system which is required for projects specified in
Section 17.27.020 (A)(1)(a) shall be periodically audited for conformance with the
approved plan, in accordance with State of California Landscape Water Management
Program - Landscape Irrigation Auditor Handbook, hereby incorporated by
reference. Such audits shall be conducted on a regular basis, at intervals of not less
than every five (5) years.
I. LANDSCAPE MAINTENANCE
The property owner shall permanently and continuously maintain all landscaping and
irrigation in a neat, clean and healthy condition, including removal of litter, proper
pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of
diseased and/or dead plants and malfunctioning or missing irrigation system
components.
J. RELATIVE WATER REQUIREMENTS OF COMMONLY USED PLANTS
The City of Rolling Hills shall develop a list of plants that are commonly used in
landscape designs with water requirement classifications of low, medium, and high
to assist landscape designers to choose species of appropriate water demands to
comply with this Chapter and to group species of similar water demands to facilitate
efficient irrigation. This list shall be included in the landscape guidelines developed
to implement the provisions of this Section."
Section 4. The City Clerk is hereby directed to send a copy of this Ordinance to the
DEPARTMENT OF WATER RESOURCES and the WEST BASIN MUNICIPAL WATER
DISTRICT in accordance with the requirements of Government Code Section 65599.
Ordinance No. 240 -4-
PASSED, APPROVED and ADOPTED this 24th day of May, 1993.
�VAtllr�
MAY
ATTEST:
ew lu'64
CIT'% CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 240 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING
WATER EFFICIENT LANDSCAPING REQUIREMENTS IN
ACCORDANCE WITH STATE GOVERNMENT CODE SECTION
65594, AND AMENDING THE ROLLING HILLS MUNICIPAL
CODE.
was passed and adopted by the Rolling Hills City Council on May 24, 1993 by the following vote:
AYES: Councilmembers Heinsheimer, Pernell, Swanson and
Mayor Murdock.
NOES: None.
ABSENT: Mayor Pro Tem Leeuweiiburgh."
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
Ordinance No. 240
-5-
qx./"&
Ciyy CLERK
ORDINANCE NO. 241
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING
A STORM WATER RUNOFF CONTROL ORDINANCE FOR THE
REDUCTION OF RUNOFF AND POLLUTANTS LEAVING A
PROPERTY OR PROPERTIES IN ACCORDANCE WITH THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT NO. CA0061654-CI6948 ISSUED BY THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD,
LOS ANGELES REGION (CRWQCB) AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council makes the following findings with respect to the
adoption of this Ordinance:
A. The National Environmental Protection Agency (NEPA or EPA)regulates
storm water discharges whereby many industries, land development projects
over 5 acres and certain public facilities are required to obtain National
Pollutant Discharge Elimination System (NPDES) permits for their storm
water discharges;
B. In compliance with NEPA, The California Regional Water Quality Control
Board, Los Angeles Region, adopted Waste Discharge Requirements for
Stormwater/Urban Runoff Discharge for Los Angeles County and Co -
Permittees, including the City of Rolling Hills, a portion of whose territory
discharges into the Santa Monica Bay;
C. The City of Rolling Hills, as a co -permittee under the NPDES Municipal
Permit, is obligated to implement Best Management Practice (BMP)
procedures for the control of storm water runoff along natural drainage
courses and into the County storm drain system. The City is also obligated
to prepare an active program of "good housekeeping" practices which are
essential to reduce runoff toxicity and runoff volume from private and publicly
owned properties which will be newly developed, substantially rehabilitated
or redeveloped in the future;
D. The City of Rolling Hills is a unique, well-established residential community
where development consists almost exclusively of single-family residential
houses on large estate -size lots and existing non-residential development in
the community consists exclusively of City administration, fire, and school
maintenance public facilities;
E. All streets, roads, and trails in the City are privately owned and maintained
by the Rolling Hills Community Association. All storm drains in the City are
owned and maintained either by the Community Association or the County
of Los Angeles. In addition, the City's hillside topography and active
landslides make it hazardous for the City to encourage storm water retention
on site or diversion to storm drains in all areas of the City.
F. The City of Rolling Hills is determined to preserve the natural environment
of the Palos Verdes Peninsula and it is in the best interest of the City to
establish guidelines and procedures for control of the quality of storm
Ordinance No. 241
drainage runoff from sites within the City that could pollute the beaches and
waters of the Santa Monica Bay. It is therefore the intent of this ordinance
for the City to use its police power to control the use, storage, and removal
of pollutants, debris and toxic materials from public and private property as
required by the NPDES Permit in order to prevent these materials from
entering the Santa Monica Bay portion of the Pacific Ocean;
-1-
Section 2. Chapter 15.04 of Title 15 of the Rolling Hills Municipal Code is hereby
amended by adding a new Section 15.04.142 to read as follows:
"15.04.142 SECTION 7018 Amended. Section 7018 of the County of Los Angeles Building Code
is amended by adding a new paragraph (i) to read:
(i) Storm Water Runoff Control.
1. DEFINITIONS
The following words and phrases shall have the following meanings when used in this
Section:
A. Best Management Practices (BMP). Practices principally applicable to
construction sites, parking lots and new developments which reduce the
toxicity contained in, and the volume of, water which runs into storm drains,
treatment facilities and the Santa Monica Bay.
B. Good Housekeeping Requirements (GHR). Stormwater quality management
practices applicable to existing properties which have been demonstrated to
significantly reduce and control stormwater urban runoff pollution which runs
into storm drains, treatment facilities and the Santa Monica Bay.
C. Urban Runoff or Urban Runoff Pollution. Water and suspended or dissolved
materials deposited on surfaces and washed by storms or other sources of
flowing water, through the flood control system to the ocean.
2. GOOD HOUSEKEEPING REQUIREMENTS FOR REDUCTION OF URBAN
RUNOFF AT EXISTING PROPERTIES.
The following good housekeeping requirements shall be adhered to by all persons
within the City of Rolling Hills.
A. Collection, Storage and Minimization of Runoff Toxicity.
(1) Washing down of paved areas where vehicles are driven or parked
shall be prohibited unless necessary for health or safety purposes.
(2) The uncovered outdoor storage of unsealed containers of building
materials containing hazardous substances is prohibited in areas
susceptible to runoff.
B. Maintenance of Equipment.
(1) Objects such as vehicle motor parts containing grease, oil, or other
toxic substances, and receptacles containing toxic materials, shall not
be stored in areas susceptible to runoff.
(2) Any machine which is to be repaired or maintained in an uncovered
outdoor area shall be placed on a pad of absorbent material to contain
leaks, spills or small discharges.
C. Removal of Debris and Residue.
(1) Fuel and chemical residue, animal waste, garbage, batteries, or other
types of potentially harmful material, which is located in an area
susceptible to runoff, shall be removed immediately and disposed of
properly. Household hazardous waste may be disposed of at the
County's household hazardous waste collection facility or at any other
appropriate disposal site and shall not be placed in a trash container.
(2) Disposal of landscape debris, horse manure and other animal wastes
into a storm drain is prohibited.
Ordinance No. 241 -2-
1
F-1
1
D. Prohibition on Use of Pesticides and Fungicides Banned from Manufacture.
Use of any pesticide or fungicide, the manufacture of which has been
prohibited by the State of California, such as chlordane and DDT, is
prohibited.
E. Compliance with Federal and State L'aw's and Regulations.
Each property owner shall comply with the requirements of federal and state
law and regulations relating to discharges into storm drains.
3. URBAN RUNOFF REDUCTION REQUIREMENTS FOR NEW DEVELOPMENT.
The following urban runoff reduction requirements shall apply to all persons
submitting applications for new development within the City of Rolling Hills:
A. Projects shall be designed to achieve the following goals, to the maximum
extent feasible, and as determined to be safe by the City Engineer:
(1) Maximize the percentage of permeable surfaces and green space to
allow more percolation or runoff into the ground.
(2) Divert, to the maximum extent feasible, storm water runoff into natural
drainage courses away from areas susceptible to landsliding, and
incorporate other methods to encourage percolation into geologically
stable areas.
(3) Utilize, to the maximum extent practicable, porous materials in the
construction of driveways and walkways to allow increased percolation
of runoff into the ground.
(4) Divert water runoff from roof surfaces to permeable surfaces rather
than driveways and nonpermeable surfaces.
(5) Design grades of property to divert flow to permeable areas and to
minimize the amount of storm water leaving the property.
B. Alternative measures may be required for properties located in or near
geologically unstable areas to insure that diversion of water runoff does not
contribute to further geologic instability.
4. URBAN RUNOFF REQUIREMENTS FOR PROJECTS UNDER CONSTRUCTION.
The following Best Management Practices which address the problem of urban runoff
shall apply to all projects undergoing construction in the City. The Best Management
Practices list set forth below shall be required by the City. The requirements set
'forth below shall apply at the time of demolition of an existing structure and until
receipt of a certificate of occupancy.
A. A Storm Water Pollution Prevention Plan (SWPPP) obtained from the State
Water Board shall be retained on the site to make contractors aware of
permit regulations and the problems associated with contaminated runoff.
B. Runoff, sediment, and construction waste from construction sites and parking
areas shall be contained on the site, and where determined necessary by the
Building Official or designated representative, a temporary sediment barrier
shall be installed.
C. Plastic covering may be utilized to prevent erosion of an otherwise
unprotected area, along with runoff devices to intercept and safely convey the
runoff.
D. Excavated soil shall be located on the site in a manner that eliminates the
possibility of sediments running into the street or adjoining properties. Soil
piles shall be covered until the soil is either used or removed.
E. No washing of construction or other industrial vehicles shall be allowed
adjacent to a construction site. No runoff from washing vehicles on a
construction site shall be allowed to leave the site.
Ordinance No. 241 -3-
F. Drainage controls shall be utilized as needed and determined necessary by the
Building Official.
G. Natural vegetation on existing slopes shall be preserved to the maximum
extent feasible.
H. Graded slopes shall be planted with natural vegetation or vegetation
consistent with the rural character of the community, as specified in the
conditions of approval under Chapter 17.46 of Article 17 of the Rolling Hills
Municipal Code, and which achieves the purpose of limiting and controlling
erosion.
I. Seasonal grading control measures, as specified in Chapter 15.04 of Article 15
of the Rolling Hills Municipal Code, shall be strictly enforced to ensure that
erosion control measures are implemented when grading occurs during
months of normally high precipitation.
5. PENALTIES FOR FAILURE TO COMPLY WITH THIS SECTION.
A. The Building Official or designee is authorized to enforce the provisions of
Parts 2, 3 and 4 of this paragraph (i).
B. The County of Los Angeles is authorized as the City's agent to enforce Parts
2, 3 and 4 of this paragraph (i) with respect to discharge of runoff and other
materials into County owned drainage facilities within the jurisdictional
boundaries of the City of Rolling Hills. The County is further authorized to
cause the immediate termination of any non-NPDES permitted discharge
which outlets directly into drainage facilities owned and operated by the
County."
Section 3. The City Clerk is hereby directed to send a copy of this Ordinance to
the CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD and the LOS ANGELES
COUNTY DEPARTMENT OF PUBLIC WORKS WASTE MANAGEMENT DIVISION
STORMWATER DISCHARGE PROGRAM.
PASSED, APPROVED and ADOPTED this 9th day of August, 1993.
ATTEST:
CITY CLERK
1< .�
Ordinance No. 241 -4-
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 241 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING A STORM WATER RUNOFF CONTROL
ORDINANCE FOR THE REDUCTION OF RUNOFF AND
POLLUTANTS LEAVING A PROPERTY OR PROPERTIES IN
ACCORDANCE WITH THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO.
CA0061654-CI6948 ISSUED BY THE CALIFORNIA REGIONAL
WATER QUALITY CONTROL BOARD, LOS ANGELES REGION
(CRWQCB) AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE.
was passed and adopted by the Rolling Hills City Council on August 9, 1993 by the following vote:
AYES: Councilmembers Pernell, Swanson, Mayor Pro Tem Leeuwenburgh
and Mayor Murdock.
NOES: None.
ABSENT: Councilmember Heinsheimer.
ABSTAIN: N o n, e .
and in compliance with the laws of California was posted at the following:
Administrative Offices
Ordinance No. 241
CITY CLERK _ Deputy
-5-
ORDINANCE NO. 242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS ADOPTING TRIP REDUCTION AND TRAVEL
DEMAND MEASURES IN ACCORDANCE WITH STATE
GOVERNMENT CODE SECTIONS 65089 AND 65089.3, AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council makes the following findings with respect to the
adoption of this Ordinance:
A. The Legislature of the State of California has found that the lack of an integrated
transportation system and the increase in the number of vehicles are causing traffic
congestion that each day results in hundreds of thousands of hours lost in traffic, tons
of pollutants released into the air and millions of dollars of added costs to the
motoring public;
B. The Legislature has adopted legislation requiring the preparation and
implementation of a Congestion Management Program (CMP) by county
transportation commissions or other public agencies of every county that includes an
urbanized area;
C. The Los Angeles County Metropolitan Transportation Authority (LACMTA) is
responsible for the preparation of the CMP for Los Angeles County;
D. The CMP must contain a trip reduction and travel demand management element that
promotes alternative transportation methods, such as carpools, vanpools, transit,
bicycles, walking and park-and-ride lots, improvement in the balance between jobs
and housing, and other strategies, including flexible work hours, telecommuting and
parking management program;
E. The County and every city within the County is required by state law to adopt and
implement a Transportation Demand Management (TDM) ordinance as an
important element of the Congestion Management Program to improve both
congestion and air quality;
F. LACMTA must determine annually whether the County and cities within the County
are conforming to the CMP, including the requirement to adopt and implement a
TDM ordinance;
G. Because the CMP is an evolving program which will be developed incrementally, as
experience is gained through its implementation, this TDM ordinance may be
amended or superseded from time to time, as necessary to meet congestion and air
quality goals;
H. The State Clean Air Act requires regions to attain 1.5 vehicle occupancy during the
commute period by the year 1999;
I. This ordinance is intended to comply with the CMP's requirements for a TDM
ordinance. The requirements of South Coast Air Quality Management District
(District) Regulation XV, are separate from this ordinance, and administrated by the
Air District. Nothing herein is intended, nor shall it be construed, to limit or
otherwise preclude employers from offering or providing additional inducements to
use alternatives to single -occupant vehicles to their employees necessary to meet
Regulation XV requirements;
J. The City of Rolling Hills is a unique, well-established residential community where
development consists almost exclusively of single-family residential houses on large
estate -size lots and existing non-residential development in the community consists
of City administration, fire, and school maintenance public facilities;
K. All streets within the City are privately owned and maintained by the Rolling Hills
Community Association;
Ordinance No. 242 -1-
L. The Rolling Hills Community Association imposes restrictions on truck traffic, which
is a trip reduction measure included in the Air Quality Management Plan; and
M. In order to use the existing and planned transportation infrastructure more efficiently,
maintain or improve traffic levels of service, and lower motor vehicle emissions, it
is the policy of the City of Rolling Hills to minimize the number of peak period
vehicle trips generated by additional development, promote the use of alternative
transportation, improve air quality and participate in regional and countywide efforts
to improve transportation demand management.
Section 2. The City Council finds that the adoption of this program is a project
which will not have a significant effect on the environment. The City Council adopts a Negative
Declaration for the project in accordance with the California Environmental Quality Act.
Section 3. The City Council of Rolling Hills hereby ordains the following City-wide
Trip Reduction Measures:
1. The City shall provide a commuter information area at City Hall that offers
information on available transportation alternatives, route schedules and
maps, available employee incentives, and rideshare promotional material.
2. Other City-wide reduction measures to achieve the AQMP local government
trip reduction target, shall be publicized by the City of Rolling Hills through
an existing bi-monthly newsletter sent to all City residents to encourage the
following TDM measures:
a. Ride sharing
b. Carpooling and Vanpooling
C. Voluntary No -Drive Days
d. Telecommuting
e. Alternate work week scheduling
f. Bicycling
g. Other innovative measures
Section 4. Section 17.27 (Additional Development Standards) is added to Title 17
of the Rolling Hills Municipal Code, to read:
"17.27 ADDITIONAL DEVELOPMENT STANDARDS
17.27.010 TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES
Non -Residential development of 25,000 square feet or more shall be subject to
transportation and trip reduction measures contained in Paragraph D of this Section. #
1
A. DEFINITIONS
The following words or phrases shall have the following meanings when used in this
Section:
1., "Alternative Transportation" means the use of modes of transportation other
than the single passenger motor Vehicle, including but not limited to
Carpools, Vanpools, Buspools, public transit, walking and bicycling.
2. "Applicable Development" means any development project that is determined
to meet or exceed the project size threshold criteria contained in Paragraph
D of this Section 17.27.010.
Ordinance No. 242 -2-
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3. 'Buspool" means a Vehicle carrying sixteen or more passengers commuting on
a regular basis to and from work with a fixed route, according to a fixed
schedule.
4. "Carpool" means a Vehicle carrying two to six persons commuting together to
and from work on a regular basis.
5. "The California Environmental Quality Act (CEQA)," Public Resources Code
Section 21000, et seq. a statute that requires all jurisdictions in the State of
California to evaluate the extent of environmental degradation posed by
proposed development.
6. "Developer" shall mean the builder who is responsible for the planning, design
and construction of an applicable development project. A developer may be
responsible for implementing the provisions of this Section as determined by
the property owner.
7. "Development" means the construction or addition of new building square
footage. Additions to buildings which existed prior to the adoption of this
Section and which exceed the thresholds defined in Paragraph D of this
Section shall comply with the applicable requirements but shall not be added
cumulatively with existing square footage; existing square footage shall be
exempt from these requirements. All calculations shall be based on gross
square footage.
8. "Employee Parking Area" means the portion of total required parking at a
development used by onsite employees. Except as otherwise specified in Title
17 of this code, employee parking shall be calculated as follows:
Type of Use
Commercial
Office/Professional
Industrial/Manufacturing
Percent of Total Required
Parkine Devoted to Employees
30%
85%
90%
9. 'Preferential Parking" means parking spaces designated or assigned, through
use of a sign or painted space markings for Carpool and Vanpool Vehicles
carrying commute passengers on a regular basis that are provided in a
location more convenient to a place of employment than parking spaces
provided for single occupant vehicles.
10. 'Property Owner" means the legal owner of a Development who serves as the
lessor to a tenant. The Property Owner shall be responsible for complying
with the provisions of the Section either directly or by delegating such
responsibility as appropriate to a tenant and/or his agent.
11. "South Coast Air Quality Management District" (SCAQMD) is the regional
authority appointed by the California State Legislature to meet federal
standards and otherwise improve air quality in the South Coast Air Basin (the
non -desert portions of Los Angeles, Orange, Riverside, and San Bernardino
Counties).
12. "Tenant" means the lessee of facility space at an applicable development
project.
13. "Transportation Demand Management (TDM)" means the alteration of travel
behavior - usually on the part of commuters - through programs of incentives,
services, and policies. TDM addresses alternatives to single occupant vehicles
such as carpooling and vanpooling, and changes in work schedules that move
trips out of the peak period or eliminate them altogether (as is the case in
telecommuting or compressed work weeks).
14. "Trip Reduction" means reduction in the number of work-related trips made
by single occupant vehicles.
Ordinance No. 242 -3-
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1J. " V anpool" means a Vehicle carrying seven or more persons commuting
together to and from work on a regular basis, usually in a vehicle with a
seating arrangement designed to carry seven to fifteen adult passengers, and
on a prepaid subscription basis.
16. "Vehicle" means any motorized form of transportation, including but not
limited to automobiles, vans, buses and motorcycles.
REVIEW OF TRANSIT IMPACTS
Prior to approval of any development project for which an Environmental
Impact Report (EIR) will be prepared pursuant to the requirements of the
California Environmental Quality Act (CEQA) or based on a local
determination, regional and municipal fixed -route transit operators providing
service to the project shall be identified and consulted with. Projects for
which a Notice of Preparation (NOP) for a Draft EIR has been circulated
pursuant to the provisions of CEQA prior to the effective date of this Section
shall be exempted from its provisions. The "Transit Impact Review
Worksheet", contained in the Los Angeles County Congestion .Management
Program Manual, or similar worksheets, shall be used in assessing impacts.
Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for
all contemplated EIR's and shall,- as part of the NOP process, be given
opportunity to comment on the impacts of the project, to identify
recommended transit service or capital improvements which may be required
as a result of the project, and to recommend mitigation measures which
minimize automobile trips on the CMP network. Impacts and recommended
mitigation measures identified by the transit operator shall be evaluated in the
Draft Environmental Impact Report prepared for the project. Related
mitigation measures adopted shall be monitored through the mitigation
monitoring requirements of CEQA.
2. Phased development projects, development projects subject to a development
agreement, or development projects requiring subsequent approvals, need not
repeat this process as long as no significant changes are made to the project.
It shall remain the discretion of the lead agency to determine when a project
is substantially the same and therefore covered by a previously certified EIR.
APPLICABILITY OF REQUIREMENTS
1. Prior to approval of any development project of the type and size specified in
Paragraph D of this Section, the applicant shall make provision for, at a
minimum, all of the following applicable transportation demand management
and trip reduction measures specified in that Paragraph D.
2. This Section shall not apply to projects for which a development application
has been deemed "complete" by the City pursuant to Government Code
Section 65943, or for which a Notice of Preparation for a DEIR has been
circulated or for which an application for a building permit has been received,
prior to the effective date of this Section.
3. All facilities and improvements constructed or otherwise required shall be
maintained in a state of good repair.
DEVELOPMENT STANDARDS
1.
Non -Residential development of 25,000 square feet or more shall provide the
following to the satisfaction of the City:
a. A bulletin board, display case, or kiosk displaying transportation
information located where the greatest number of employees are likely
to see it. Information in the area shall include, but is not limited to,
the following:
(1) Current maps, routes and schedules for public transit routes
serving the site;
Ordinance No. 242 -4-
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(2) Telephone numbers for referrals on transportation information
including numbers for the regional ridesharing agency and local
transit operators;
(3) Ridesharing promotional material supplied by commuter -
oriented organization;
(4) Bicycle route and facility information, including regional/local
bicycle maps and bicycle safety information;
(5) A listing of facilities available for carpoolers, vanpoolers,
bicyclists, transit riders and pedestrians at the site.
2. Non -Residential development of 50,000 square feet or more shall comply with
Subparagraph 1 above of this Paragraph D and shall provide all of the
following measures to the satisfaction of the City:
a. Not less than 10% of employee parking area, shall be located as close
as is practical to the employee entrance(s), and shall be reserved for
use .. by potential carpool/vanpool vehicles, without displacing
handicapped and customer parking needs. This preferential
carpool/vanpool parking area shall be identified on the site plan upon
application for building permit, to the satisfaction of the City. A
statement that preferential carpool/vanpool spaces for employees are
available and a description of the method for obtaining such spaces
must be included on the required transportation information board.
Spaces will be signed/striped as demand warrants; provided that at all
times at least one space for projects of 50,000 square feet to 100,000
square feet and two spaces for projects over 100,000 square feet will
be signed/striped for carpool/vanpool vehicles.
b. Preferential parking spaces reserved for vanpools must be accessible
to vanpool vehicles. When located within a parking structure, a
minimum vertical interior clearance of 7'2" shall be provided for those
spaces and accessways to be used by such vehicles. Adequate turning
radii and parking space dimensions shall also be included in vanpool
parking areas.
C. Bicycle racks or other secure bicycle parking shall be provided to
accommodate 4 bicycles per the first 50,000 square feet of non-
residential development and 1 bicycle, per each additional 50,000
square feet of nonresidential development. Calculations which result
in a fraction of 0.5 or higher shall be rounded up to the nearest whole
number. A bicycle parking facility may also be a fully enclosed space
or locker accessible only to the owner or operator of the bicycle, which
protects the bike from inclement weather. Specific facilities and
location (e.g., provision of racks, lockers, or locked room) shall be to
the satisfaction of the City.
3. Non -Residential development of 100,000 square feet or more shall comply
with Subparagraphs 1 and 2 above of this Paragraph D, and shall provide all
of the following measures to the satisfaction of the City;
a. A safe and convenient zone in which vanpool and carpool vehicles may
deliver or board their passengers.
b. Sidewalks or other designated pathways following direct and safe
routes from the external pedestrian circulation system to each building
in the development.
Ordinance No. 242 -5-
C. If determined necessary by the City to mitigate the project impact, bus
stop improvements must be provided. The City will consult with the
local bus service providers in determining appropriate improvements.
When locating bus stops and/or planning building entrances, entrances
must be designed to provide safe and efficient access to nearby transit
stations/stops.
d. Safe and convenient access from the external circulation system to
bicycle parking facilities onsite.
E. MONITORING
1. The City shall monitor each project's compliance with the standards required
by this Section. Such monitoring shall include:
a. Site monitoring by the Planning Department prior to the issuance of
a certificate of occupancy or final inspection.
b. Site monitoring by the Planning Department on an annual basis after
initial compliance has been verified.
C. Annual traffic counts and calculated levels of service for selected
arterial intersections, as specified in the traffic monitoring procedures
found in the CMP Highway and Roadway System Chapter.
F. ENFORCEMENT
If the standards required by this Section are not adhered to, then enforcement of the
standards shall be made pursuant to Sections 1.08 (General Penalty) and 1.12 (Arrest
and Prosecution Procedure) of the Rolling Hills Municipal Code."
Section 5. The City Clerk is hereby directed to send a copy of this Ordinance to
the LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
(LACMTA).
PASSED, APPROVED and ADOPTED this 24th day of May, 1993.
Klo . i
W, RI
ATTEST:
CITY CLERK
Ordinance No. 242 -6-
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 242 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN
ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND
65089.39 AND AMENDING THE ROLLING HILLS MUNICIPAL CODE
was passed and adopted by the Rolling Hills City Council on Mayor & City Council Members May
24, 1993 by the following vote:
AYES: Councilm.embers Heinsheimer, Pernell, Swanson and
Mayor Murdock.
NOES: None.
ABSENT: Mayor'Pro Tem Leeuwenburgh.
ABSTAIN: None
and in compliance with the laws of California was posted at the following:
Administrative Offices
Ordinance No. 242 -7-
61f /"
CITY/CLERK
ORDINANCE NO. 243
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING
PLACEMENT OF REFLECTIVE DEVICES ON OR NEAR ROADWAYS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 10.28 of Title 10 of the Rolling Hills Municipal Code is
amended by adding Section 10.28.170 to read as follows:
10.28.170 Reflective Devices - Prohibition. No mirror or other similar
reflective device shall be placed on or adjacent to, and the reflective surface
visible from, any roadway at the terminus of any driveway.
PASSED, APPROVED AND ADOPTED HIS 25th DAY 1OF OCTOBER, 1993.
Mayor
ATTEST:
Dep��y _ R " �hlyl/
Vrk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Ordinance No.243 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING
PLACEMENT OF REFLECTIVE DEVICES ON OR NEAR ROADWAYS AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on October 25, 1993, by the
following roll call vote:
AYES: Councilmembers Pernell, Heinsheimer, Mayor Pro Tem Leeuwenburgh and
Mayor Murdock
NOES: Councilmember Swanson
ABSENT: None
ABSTAIN: None
MARILYN L. KERN
DEPUTY CITY CLERK
Ordinance No. 243 -1-
ORDINANCE NO. 244
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGULATING
COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. Title 8 of the Rolling Hills Municipal Code is amended by adding a
new Chapter 8.08 to read:
"CHAPTER 8.08 -SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION
8.08.010. Findines and Intent
A. The City Council finds and determines as follows:
1. In order to meet thei requirements of the California Integrated
Waste Management Act of 1989 including source reduction of the solid waste stream,
diversion of solid waste from landfills, and conservation of natural resources, it is
necessary to regulate the collection of solid waste from residential and institutional
premises, and to require recycling of solid waste materials.
2. The mandates of the Environmental Protection Agency, the
Southern California Air Quality Management District, and other regulatory agencies,
concerning air pollution and traffic congestion management, require the regulation and,
where possible, reduction in the number, of waste collection vehicles and vehicle trips
which cause the discharge of air contaminants and create air pollution.
3. Reducing the number of waste collection vehicles using the streets
in the City reduces traffic hazards and congestion and promotes safety.
4. Because of the unique nature of roadways and properties within
the City, solid waste collection requires small vehicles such as three -wheel scooters and
mini -trucks.
. 5. The storage, accumulation, collection and disposal of solid waste,
including without limitation garbage, trash, debris and other discarded materials is a
matter of substantial public concern in that improper control of these matters may create
a public nuisance, air pollution, fire hazard, rat and insect infestation and other problems
adversely affecting the public health, safety and welfare.
6. Regulation of the collection of garbage, refuse and other discarded
materials from all residential and institutional properties within the City will provide the
most orderly and efficient solution to these problems and will promote the public health,
safety and welfare.
7. The regulation of solid waste handling services in the City will also
promote the public health, safety and welfare by requiring the use of newer and safer
vehicles, the regular maintenance of those vehicles, and the reduction of spillage and
litter on the public streets, by establishing responsibility for the cleaning of refuse bins and
containers, and by providing for accountability to the public.
8. The public health, safety and welfare will best be served by
providing for one or more exclusive or nonexclusive franchises for refuse collection
services.
B. This Chapter is enacted by the City Council pursuant to the following
statutory authorization and in order to accomplish the objectives set forth in this section:
1. Public Resources Code Section 40059 authorizes the City to
Ordinance No. 244 -1-
determine (i) all aspects of solid waste handling which are of local concern, including, but
not limited to, frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location and extent of providing solid waste
handling services; and (ii) whether the services are to be provided by means of
nonexclusive franchise, contract, license, permit, or otherwise, either with or without
competitive bidding, or if, in the opinion of its governing body, the public health, safety
and well-being so require, by partially exclusive or wholly exclusive franchise, contract,
license, permit, or otherwise, either with or without competitive bidding.
2. Public Resources Code Section 49300 provides that the City may,
pursuant to terms and conditions as may be prescribed by its legislative body, contract for
the collection or disposal, or both, of garbage, waste, refuse, offal, trimmings, or other
refuse matter.
3. Public Resources Code Section 49501 provides that the City may
take action, whether by franchise, contract, license, permit, or otherwise, whereby the City
itself, or one or more other local agencies or solid waste enterprises is authorized or
permitted to have the exclusive right to provide solid waste handling services of any class
or type within all or any part of the territory of the City.
4. It is the intent of this Chapter to set forth terms and conditions
pursuant to which authorization may be granted by the City Council to provide solid
waste handling services, and to promote the public health, welfare and safety of the
community by establishing reasonable regulations relating to the storage, accumulation,
collection and disposal of garbage, trash, rubbish, debris and other discarded matter, goods
and material.
5. This Chapter shall be construed in a manner consistent with all
applicable federal and state laws. If any federal or state agency shall hereafter exercise any
paramount jurisdiction over any specific provisions of this Chapter, that paramount
jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City.
Modification of a federal or state law or regulation shall, to the extent applicable to the
City, be deemed a part of this Chapter as of the effective date of the modification.
Part I - Definitions
8.08.020. Definitions. The following words and phrases, for the purposes of
this Chapter, are defined and shall be construed as hereunder set out:
(a) Act. "Act" shall mean the California Integrated Waste Management Act of
1989, Public Resources Code Sections 40000, et seq., as they now exist or may subsequently
be amended.
(b) City. "City" shall mean the City of Rolling Hills.
(c) City Emplovee. "City Employee" shall mean an employee or authorized
agent of the City of Rolling Hills.
(d) Collection. "Collection" shall mean the operation of gathering together
and/or transporting by means of a motor vehicle any classification of solid waste or
recyclables within the City.
(e) Collector. "Collector" shall mean any person who has been issued a
franchise to provide solid waste and/or recyclable materials collection services in the City.
(f) Construction/Demolition Waste. "Construction and Demolition Waste"
shall mean any debris resulting from the construction, modification or demolition of any
structure, roadway or property. Construction and demolition waste includes but is not
limited to asphalt, concrete, drywall, metals, roofing materials, soils and wood.
(g) Container. "Container" shall mean.any vessel, tank, receptacle, dumpster,
box or bin used or intended to be used for the purpose of holding solid waste for
collection.
Ordinance No. 244 -2-
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(h) Designated Collection Location. "Designated Collection Location" shall
mean the place where the residential householder or institutional occupant shall place,
and from where the Collector is to collect, solid waste and recyclables in containers
designated for that purpose.
(i) Disposal. "Disposal" means the complete operation of treating and/or
disposing of solid waste after the collection thereof.
0) Garbaiae. "Garbage" shall mean all discarded food, offal, and animal and
vegetable waste not fit for human consumption resulting from the preparation of food.
Garbage shall not include market refuse or rendering waste.
(k) Green Waste. "Green Waste" shall mean leaves, grass clippings, brush,
branches and other forms of organic materials generated from landscapes or gardens,
separated from other solid waste. "Green Waste" does not include stumps or branches
exceeding four (4) inches in diameter or four (4) feet in length.
(1) Hazardous Waste. "Hazardous waste" shall mean and include waste
defined as hazardous by Public Resources Code Section 40141 as it now exists or may
subsequently be amended, namely, a waste or combination of wastes, which because of its
quantity, concentration, toxicity, or physical, chemical or infectious characteristics, may do
either of the following: (i) cause or significantly contribute to, an increase in mortality or
an increase in serious irreversible, or incapacitating reversible, illness; (ii) pose a
substantial present or potential hazard to human health or environment when
improperly treated, stored, transported, or disposed of, or otherwise managed.
"Hazardous waste" includes extremely hazardous waste and acutely hazardous waste, and
any other waste as may hereafter from time to time be designated as hazardous by the
Environmental Protection Agency ("EPA") or other agency of the United States
Government, or by the California Legislature or any agency of the State of California
empowered by law to classify or designate waste as hazardous, extremely hazardous or
acutely hazardous.
(m) Holiday. "Holiday" shall mean:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
"Holiday" shall also mean any other day designated as such in a contract
between a Collector and the labor union serving as the exclusive representative of that
Collector's employees, provided the holiday is established or recognized by resolution of
the City Council.
(n) Institutional Owner. "Institutional owner" shall mean the owner or
occupant of any institutional premises permitted in the Public Facilities Zone pursuant to
the zoning provisions of the Municipal Code.
(o) Institutional Premises. "Institutional premises" shall mean a structure or
use permitted in the Public Facilities Zone as set forth in the zoning provisions of the
Municipal Code.
(p) Manager. "Manager" or "City Manager" shall mean the City Manager or
his/her designee of the City.
(q) Manure. "Manure" shall mean the waste droppings from any animal not
disposed of through sewers or on-site wastewater systems.
(r) Miscellaneous Debris.. "Miscellaneous Debris" shall mean any and all
trash, rubbish, debris or other abandoned or discarded material not otherwise defined as
rubbish, garbage, market refuse, rendering waste, or manure.
Ordinance No. 244 -3-
(s) Officer. "Officer" shall mean the president, vice-president, treasurer or
other duly designated representative of a Collector.
(t) Parcel of Real Property. "Parcel of Real Property" means a parcel of real
property as shown on the local secured tax rolls of the County of Los Angeles.
(u) Person. "Person" shall include, without limitation any individual, firm,
co -partnership, general partnership, limited partnership, joint venture, association, entity,
corporation, or any other group or combination thereof acting as a unit.
(v) Public Aqency. "Public Agency" shall mean any governmental agency or
department thereof, whether federal, state, or local.
(w) Recv_ clable Materials. "Recyclable materials" shall mean the following
materials generated on or emanating from residential or commercial/ industrial premises
and no longer useful or wanted thereon: glass bottles and jars - any food or beverage
container (excluding ceramics and chemical containers); aluminum - cans, foil, pie tins
and similar items (excluding dirt or organic material); steel or bi-metal cans not to exceed
one (1) gallon size; PET - plastic soda bottles or other bottles with the designated "PET"
symbol; HDPE -- plastic milk and water bottles with the designated "HDPE" symbol
(excluding detergent or bleach bottles and other plastic products); newspaper; cardboard -
separated and not having waxed surfaces; computer print out (excluding carbon); and
white ledger - white bond paper, office paper, white envelopes (excluding coated paper);
and such additional materials as the City Council may designate from time to time.
(x) Recvcliniz. "Recycling means the process of collecting, sorting, cleansing,
treating, and reconstituting materials that would otherwise become solid waste, and
returning them to the economic mainstream in the form of raw material for new, reused,
or reconstituted products which meet the quality standards necessary to be used in the
marketplace. Recycling does not include transformation as defined in Public Resources
Code Section 40201.
(y) Recvclinz Container. "Recycling container" shall mean a container
provided to residential premises for use in collecting and moving recyclable materials to
curbside for collection by the Collector. The container shall have a capacity of at least 18
gallons and shall be marked with the City recycling logo. The -type, color and design of the
container provided shall be subject to approval by the City Manager.
(z) Residential Householder. "Residential Householder" shall mean any
person holding and occupying residential premises, whether or not the owner, singly or
with his or her family, within the territorial limits of the City.
(aa) Residential Owner. "Residential Owner" shall mean the owner of any
residential premises in the City.
(bb) Residential Premises. "Residential Premises" shall mean any residential
property in the City.
(cc) Renderine Waste. "Rendering Waste" shall mean dead animals, hides,
fat, or bones of animals, grease, meat scraps, and other similar materials being collected or
transported to a rendering plant for processing.
(dd) Rubbish. "Rubbish" shall mean and include without limitation the
following items: all waste and refuse capable of burning readily, including straw, packing
materials, leather, rubber, clothing, bedding, books, rags and all other similar articles
which will burn by contact with flames or ordinary temperature; and ashes, crockery,
china, pottery, metal wire and other similar materials which are rejected by the owner or
producer thereof.
(ee) Solid Waste. "Solid waste" shall mean all putrescible and nonputrescible
solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining
in or emanating from residential premises or commercial/ industrial premises, including
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, discarded home and industrial appliances, manure, vegetable or
animal solid or semisolid wastes, and other solid and semisolid wastes, as defined in
Ordinance No. 244 -4-
Public Resources Code Section 49503, excluding liquid wastes and abandoned vehicles;
provided, however, that "solid waste" shall not include hazardous waste.
(ff) Solid Waste Enterprise. "Solid waste enterprise" shall mean any
individual, partnership, joint venture, unincorporated private organization, or private
corporation regularly engaged in the business of providing solid waste handling services.
(gg) Tonnage Form. "Tonnage* Form" shall mean the document adopted by
the City Council which is used to determine the net amount of solid waste and/or
recyclables disposed of in a permitted or certified facility.
(hh) Tonnaee Report. "Tonnage Report" shall include a Tonnage Form or a
copy of such form prepared by the Collector or an officer or agent of the Collector. Tonnage
reports shall also include necessary information to verify the report or supplied
information.
(ii) Transportation. "Transportation" shall mean the process of moving solid
waste through the City by motor vehicle.
(jj) Waste Disposal Facility. "Waste Disposal Facility" shall mean any landfill,
transfer station, incinerator, land reclamation project, recycling facility, or other similar
site or facility which is used or intended to be used for the transfer, consolidation,
processing or disposal of solid waste or recyclables.
(kk) Weight Tickets/Invoices. "Weight Tickets/ Invoices" shall mean receipts
provided by a waste disposal or recycling facility reflecting the net amount of solid waste
disposed of by a Collector at the correlating facility.
Part II Franchises
8.08.030. Franchise Requirement. The City Council may authorize, by franchise, a
solid waste enterprise to provide solid waste handling services for residential and
institutional users or customers. In the sole discretion of the City Council, the solid waste
handling services may be authorized on an exclusive or non-exclusive basis, and with or
without competitive bidding, and may relate to any class or type of solid waste within all
or any part of the territory of the City. No person shall collect and/or dispose of solid waste
or recyclables in the City without having first been awarded a solid waste collector
franchise and entered into a franchise agreement with the City. Such franchise shall be in
addition to any business license or permit otherwise required by the City. All such
franchisees shall comply with all of the requirements of this Chapter.
8.08.040. Franchise Proposals. Proposals shall be submitted in response to
requests for proposals issued by City. Such proposals shall include, but not be limited to:
(a) Name and home address of applicant. Y
(b) Business address, and addresses where all vehicles to be used by
Franchisee will be stored.
(c) Form of organization, whether a proprietorship, partnership, joint
venture, or corporation, and the names and home addresses of all owners and officers and
their percentage of ownership, if greater than five percent.
(d) A description of each vehicle and other equipment that the applicant
owns or has under its control, including the age and mechanical condition of each
vehicle, a statement as to whether the vehicle is self -loading, leakproof, meets the
requirements contained in Part IV hereof, the service in which each vehicle shall be
placed and evidence that the applicant owns or has the right to the use of said vehicles.
(e) A statement of applicant's experience and a list of other jurisdictions
where applicant operates.
(f) Any additional facts which demonstrate that the applicant is able, at all
times, to comply with City laws and to provide .service in a safe and efficient manner.
Ordinance No. 244 -5-
(g) A copy of applicant's current financial statement.
(h) Proposed rates to be charged by applicant for each classification of
property.
(i) A statement as to whether the applicant has been convicted of any felony
or misdemeanor, the nature of the offense, and the punishment or penalty assessed
therefore, exclusive of traffic violations not constituting a felony.
(j) Detailed information regarding recycling services offered to clients and a
listing of clients currently receiving recyclable collection service.
(k) Any other information requested by the Manager.
8.08.050. Franchise Award. The City may award one or more franchises for
collection of solid waste and/or recyclables from residential and institutional premises.
No person other than a franchisee shall collect and/or dispose of solid waste and or
recyclables in the City other than as provided in this Chapter. The terms and provisions of
any franchise agreement for solid waste handling services may relate to or include,
without limitation, the following subject matters: franchise.
1. The nature, scope and duration of the franchise.
2. The collection schedule, including the frequency, days and hours of
collection.
3. The applicable rates, fees and charges for regular, special and emergency
collection services, including the method of setting and adjusting same, and the
responsibility for billing and collecting same.
4. Collection vehicles, including the permissible size and color, and any
required identification, safety equipment, maintenance, inspection, and operational
requirements.
5. The receipt, processing and reporting of customer inquiries and
complaints.
6. The collection of solid waste from publicly owned property and facilities.
7. Performance standards for the Collector's personnel and equipment.
8. Solid waste and recycling containers, including size, repair or replacement,
handling, placement, obligations of the Collector to provide, and permissible charges
therefor.
9. Standards and procedures for periodic performance reviews by the City.
10. Noise attenuation policies and procedures.
11. The maintenance by the Collector of an office for the conduct of business.
12. Policies and procedures relating to the noncollection of solid waste, the
composting of green waste, the collection of recyclable materials, and resource recovery.
13. Requirements relating to comprehensive liability insurance and workers'
compensation insurance.
14. Requirements relating to the dissemination of information to the public
concerning regular and special solid waste collection and recycling services.
15. Actions or omissions constituting breaches or defaults, and the
imposition of applicable penalties, liquidated damages, and other remedies, including
suspension, revocation or termination.
Ordinance No. 244 -6-
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16. Requirements relating to performance bonds' and to indemnification.
17. Requirements relating to affirmative action programs.
18. Requirements relating to recordkeeping, accounting procedures,
reporting, periodic audits, and inspection, of records'.
franchise.
19. Requirements relating to the assignment, transfer and renewal of the
20. Requirements relating to compliance with and implementation of state
and federal laws, rules or regulations pertaining to solid waste handling services, and to
the implementation by the City of state -mandated programs, including, without
limitation, the City's "Source Reduction and Recycling Element" and the City's
"Household Hazardous Waste Element."
21. Such additional requirements, conditions, policies and procedures as may
be mutually agreed upon by the parties to the franchise agreement and which will, in the
judgment and discretion of the City Council, best serve the public interest and protect the
public health, safety and welfare.
8.08.060. Franchise Terms. Any franchise awarded pursuant to this Chapter
shall be for a term of not more than five years, with the possibility of one renewal for a
second term of not more than five years, at the option of the City.
8.08.070. Transfer of Franchise. A franchise issued under this Chapter shall
not be transferred, sold, assigned, relinquished, delegated or assigned to another person
without the approval of the City Council. This restriction includes the transfer of
ownership of the franchise or the conveyance of the franchisee's stock to a new
controlling interest.
8.08.080. Extension of Franchise. The City and franchisee may mutually
agree to extend the franchise term on such terms and rates as the parties may agree.
Nothing contained in this provision or in this Chapter shall obligate the City to extend
the term of any franchise.
8.08.090. Revocation of Franchise. After a hearing as provided for in this
part, the Manager may revoke or suspend any franchise if the franchisee has violated a
provision of this Chapter or of the franchise agreement or any other applicable law,
ordinance, or regulation of any public agency. It is unlawful for any collector to operate
under a franchise which has been revoked or suspended.
8.08.100. Interim Suspension. The Manager, without a hearing, may
suspend a franchise for not more than 60 days, if the Manager finds that continued
operation by the franchisee will constitute a threat to the public health, safety, or general
welfare of the City.
8.08.110. Notice of Hearing of Revocation of Franchise. The Manager or his
agent shall serve a notice of Hearing of Revocation of Franchise on the franchisee by first
class certified mail not less than 15 days prior to such hearing.
8.08.120. Revocation. In the event of the revocation of a franchise, the
Manager shall notify the applicant in writing of the reasons therefor. Such notification
may be made, in person or by registered/ certified mail. The notice of ruling shall include,
without limitation, the effective date of any revocation of franchise to collect solid waste.
8.08.130. Appeals. A collector may appeal the revocation of a franchise,
provided written notice is received by the City Clerk of the City within fifteen (15) calendar
days after notice by the Manager of revocation, or any notice of ruling from the Manager
advising the revocation of a franchise. Appeals requesting a hearing should address the
reasons for appeals.
8.08.140. Council Action. The City Council may either affirm the action of
the Manager, refer the matter back to the Manager for further consideration, or set the
Ordinance No. 244 -7-
matter for hearing before itself. If the Council sets the matter for hearing, it shall base its
action upon the standards delineated in Section 8.08.100. Notice of such hearing shall be
sent to the Collector not less than 15 days prior to the hearing.
8.08.150. Cessation of Operations. Upon revocation of a franchise by the
Council, the Collector shall cease operations in the City within the period of time
determined by the Council but in no event shall the Collector operate for more than
forty-five (45) days after notice of revocation.
Part - III General Requirements
8.08.200. Collector's Liabilitv Insurance. The Collector shall furnish the City
a policy or certificate of comprehensive general and automobile liability insurance
acceptable to the City Attorney insuring the Collector against bodily injury, property
damage and automobile liability in the sum of $1,000,000 combined single limit. These
limits shall be subject to annual review by the City for the purpose of reasonably adjusting
to current insurance conditions and requirements. Such insurance shall be primary and
any insurance maintained by the City shall be excess insurance, shall be procured from an
insurer authorized to do business in the State of California, shall name the City of Rolling
Hills and its officers, employees and agents as additional insureds and shall not be
canceled or modified without first giving to City thirty (30) days' prior written notice.
8.08.210. Worker's Compensation Insurance. The Collector shall at all times
provide, at its own expense, Workers' Compensation Insurance coverage for all of its
employees and shall file and maintain a certificate with the Manager showing said
insurance to be in full force and effect.
8.08.220. Indemnification. The Collector shall indemnify, defend, and hold
harmless the City of Rolling Hills and its officers, employees, and agents against, in respect
of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties and reasonable attorneys fees,
that the City shall incur or suffer, which arise, result from or relate to the negligent or
wrongful collection, transportation, or disposal of solid waste or recyclables within the
City of Rolling Hills by said person.
8.08.230. Bonds. The Collector shall secure and deliver to the satisfaction of
the City a performance or cash bond in the amount of fifty thousand dollars ($50,000) prior
to the effective date of the franchise. Said performance or cash bond shall serve as security
for the faithful performance of all conditions and provisions of this Chapter and shall be
on terms acceptable to the City Attorney. The bond shall remain in force during the life of
the franchise agreement or permit and all renewals thereof.
The bond shall be in favor of the City and shall not extend to the right of
recovery against the sureties by third persons. After any recovery against the bond by the
City, the bond -amount shall be restored to the required sum of $10,000. The bond may
contain a provision giving the sureties the option to cancel the bond upon first giving
notice in writing, not less than thirty (30) days before the effective date of the cancellation
to the City Manager; provided, however, such cancellation shall not impair the right of
the City to reimbursement for the correction of conditions resulting from the violation of
this Chapter or any contract or resolution made pursuant to the provisions of this
Chapter, which violations occurred before the effective date of the cancellation of the
bond, whether the work of correction was performed before or after such effective date. In
the event of suspension, cancellation, or termination of the bond by the provider, the
franchise shall be immediately suspended until a new bond is provided, and the Collector
shall be liable to the City for any and all damages suffered by the City arising out of such
suspension, cancellation or termination.
8.08.240 Office for Inquiries and Complaints. The Collector shall maintain
an office at some fixed location and shall maintain a telephone at the office, listed in the
current telephone directory in the firm name by which it conducts business in the City,
and shall at all times during the hours between 7 a.m. and 5 p.m. of each weekday and
between 7 a.m. and 1 p.m. on Saturday, have an employee or agent at said office to answer
inquiries and receive complaints. The telephone number shall be a toll-free number from
all portions of the City.
Ordinance No. 244 -8-
The collector shall maintain at the office a written log of all complaints/inquiries
received. Such log shall contain the date of inquiry/ complaint, the callers name, address
and telephone number, the nature of the complaint/ inquiry, the action taken or the
reason for non -action, and the date such action was taken. All inquireis and complaints
shall be promptly answered or responded. to,and/or dealt with to the satisfaction of the
City. Such log of complaints and other recores pertaining to solid waste and recyclable
collection and disposal shall be open to the, inspection of the City at all reasonable times
and shall be maintaned for a period of one year. Compliance with the requirements of this
section are conditions to any permit or franchise which is awarded by the City.
8.08.250. Permits and Licenses. The Collectior shall obtain all applicable
permits and licenses required by any Federal or State agency.
8.08:260. Rates. The City Council may, by resolution, establish rates to be
charged to residential owners and institutional owners by the franchised Collector for the
collection of solid waste and recyclable materials. Every institutional owner and
residential owner shall pay the rates established from time 'to time by the City Council for
collection services rendered pursuant to this Chapter in the manner set forth in Section
8.08.270.
8.08.270. Collection of Charges. The City may in its discretion and in
connection with a franchise entered into pursuant to this Chapter collect fees for solid
waste/ recycling collection services by causing fees to be placed on the Los Angeles County
Tax rolls through procedues established by the Los Angeles County Tax Collector. In such
event, no charge shall be made directly to a residential householder or owner or an
institutional owner by the franchised Collector unless expressly authorized by the City
Council.
8.08.280. Required Monthlv Reports.
(a) The Collector shall provide the City separate monthly tonnage reports for
each collection route which include the following:
1. Total amount of solid waste, recyclable materials, and green waste
removed from the City for the reporting month.
2. The name address and telephone number of each waste disposal
facility used by the Collector during the reporting period.
3. Copies of waste disposal facility weight tickets/ invoices which
indicate the net amount of all waste disposed, transferred and/or recycled during the
reporting month.
4. All information required by the City's recycling and, resource
recovery program.
5. In the event that a Collector adds and/or deletes collection service
customer(s), the Collector must submit a revised collection service identification list with
the monthly report for the respective reporting period.
(b) Each report shall be signed by an officer of the Collector.
(c) Each report shall be submitted to the City on the last day of each month
following each reporting month. Reports must be received by the City Engineer by 5:00
p.m.
8.08.290. Annual Report. The Collector shall furnish an annual report to
the City detailing the quantity and nature of all solid waste, recyclables and green waste
removed from the City. Reports shall be delivered to the City on or before July 31 of each
year, for the immediately preceding period of July 1 through June 30. This report shall also
identify waste disposal facilities where the Collector has disposed and/or transferred all
solid waste, recyclables, and green waste removed from the City. This report is to also
include a compilation of the monthly reports required by Section 8.08.280. The annual
report shall include an updated customer service identification list. which identifies the
Ordinance No. 244 -9-
name and address of each customer receiving collection and/or recycling service from the
Collector. The annual report shall be presented in a format and contain such information
as is necessary to enable the City to utilize it to comply with the City's reporting
obligations under the Act. The timely filing of a complete annual report is a condition of
any franchise awarded by the City.
Part IV - Vehicles
8.08.300. Vehicle Identification. No solid waste enterprise may operate any
vehicle for the collection of solid waste or recyclables in the City unless the owner of the
vehicle is a franchisee as defined in Section 8.08.020(d).
8.08.310. Vehicle Standards. Any vehicle utilized for the collection,
transportation or disposal of solid waste or recyclables in or from the City shall comply
with the following standards:
(a) Each vehicle shall at all times, be maintained and/or operated in such a
manner to ensure that no solid waste, oil, grease, or other substance will blow, fall out,
escape or leak out of the vehicle.
(b) A broom and shovel shall be carried on each vehicle at all times.
(c) Each vehicle shall comply, at all times, with all applicable statutes, laws,
or ordinances of any public agency.
(d) Each vehicle must be under five (5) years of age unless specifically
authorized in writing by the Manager.
(e) Routine inspections by the California Highway Patrol will be required
annually and certificates for said inspection shall be filed with the Manager.
(f) All vehicles shall at all times be kept clean and sanitary, in good repair
and well and uniformly painted to the satisfaction of the Manager.
(g) Each vehicle shall be equipped with watertight bodies fitted with close -
fitting metal covers.
(h) The Collector's name or firm name and its telephone number shall be
printed or painted in legible letters not less than 5" in height on both sides of all of
Collector's vehicles used in the City. For scooters, this requirement may be modified at
the discretion of the City Manager.
(i) High intensity fog lamps are required on any vehicle 80 inches or wider,
which shall consist of two (2) red tail lamps in addition to the standard tail lamps. The fog
lamps shall be used when visibility is less than 50 feet.
(j) All equipment shall be maintained at all times in a manner to prevent
unnecessary noise during its operation.
(k) As the contractor replaces existing equipment, the type and make of the
new equipment shall be subject to prior approval by the Manager.
(1) To protect peace and quiet in residential areas, the noise level generated
by compaction vehicles using compaction mechanisms during the stationary compaction
process shall not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet
from the collection vehicle measured at an elevation of five (S) feet above ground level.
Contractor shall submit to City, annually, a certificate of vehicle noise level testing of all
vehicles by an independent testing entity.
8.08.320. Amount and Tvpe of Equipment. No person shall be awarded a
franchise for the collection, and for transportation of solid waste or recyclables unless the
Manager determines that the person has sufficient equipment available to meet the dates
and times of regularly scheduled pick-ups without interruption due to equipment failure.
This requirement shall be maintained throughout the term of any franchise agreement
Ordinance No. 244 -10-
given pursuant to this Chapter. The Collector shall utilize mini -trucks, three -wheel
scooters, or other appropriate small vehicles to make collections from all residential
premises and so as to operate efficiently on narrow roads and driveways.
8.08.330. Operation of Equipment.. The. Collector shall operate all equipment
in compliance with all Federal, State and local ' laws and/or ordinances. Collection vehicles
shall not be operated in a manner which results in undue interference with normal traffic
flows or violation of any traffic laws, and loaded collection vehicles shall not be parked, or
left unattended on the public streets. No collection vehicle shall be parked on a street or
thoroughfare in the City.
8.08.340. Compliance with Vehicle Standards. Any vehicle used in the
collection or transportation of solid waste in the City shall, at all times, be maintained in
accordance with all the standards set forth in Section 8.08.310 of this Chapter. The use of a
vehicle which fails to comply with each of the standards set forth in Section 8.08.310 is
prohibited. A Collector shall immediately remove any vehicle from collection service
which fails, at any time, to conform to any of the standards recited in Section 8.08.310 and
shall not use that vehicle until it is repaired. Should the Manager give notification at any
time to a Collector that any of the Collector's vehicles is not in compliance with the
standards of this Chapter, the vehicle shall be immediately removed from service by the
Collector. The vehicle shall not again be utilized in the City until it has been inspected and
approved by the Manager. The Collector shall maintain its regular collection schedule
regardless of the repair of any vehicle.
Part V - Collection/ Mandatory Service
8.08.400. Mantatory Service.
(a) All solid waste and recyclables collected from residential or instiittutional
premises for a fee, service charge, or other consideration, shall be collected by a solid waste
enterprise under the provisions of a franchise awarded by the City Council.
(b) No person, firm, corporation or solid waste enterprise, other than those
referenced in paragraph (a) above, shall negotiate or contract for, undertake to receive,
collect or transport solid waste from whitin the City for a fee, serivice charge or other
consideration therefor, except as specifically provided herein.
(c) . Each residential property owner and householder and institutional owner
in the City shall, at all times utilize the services of the franchisee and pay the fees approved
by the City Council for the collection of solid waste and/or recyclables from such premises
as shall be owned by said owner and shall, at all times comply with Cty policies and
programs with regard to solid waste recovery, reduction of solid waste and recycling of
solid waste. No person shall enter into an agreement for solid waste or recycling handling
services with any person, firm or corporation which is not a franchisee, except as otherwise
provided in this Chapter.
8.08.410. Frequency of Collection.
(a) The Collector shall collect and dispose of all solid waste placed for
collection in compliance with this Chapter from each customer at least tweice. during each
calendar week, or liss if provided for in an approved franchise agreement. Not 'more that
four (4) days shall elapse between one collection and the next unless the regular day of
collection falls in a holiday. Routes of collection shall bew so arranged that collection from
any premises will be made on the same day of each week. The Collection shall possess a
sufficient number of vehicles including spares to maintain the collection schedule at all
times. I -
(b) When the collection day falls in a Holiday, the Collector shall choose one
of the following options:
1. Collect on the Holiday.
2. Collect one day prior to or one day after the holiday, providing
Ordinance No. 244 -11-
regular collection can be maintained on the regularly scheduled days the remainder of the
week.
(c) The schedule for collection of solid waste shall be submitted annually to
City for approval by the City Manager. Not later than November 30 of each year, the
Collector shall submit to City its proposed collection schedule for the ensuing calendar
year. The schedule shall indicate all regularlly scheduled collection days which fall on a
holiday and the collection day which is proposed to be substittuted therefor (if any) so as to
ensure that collection shall take place twice each week. Upon aproval by the City Manager,
Contractor shall mail a written notice to all customers of such schedule not later than
December 31 of each year.
8.08.420. Hours of Collection.
(a) No collection within the City shall be made between the hours of 6 p.m.
and 7 a.m. Monday through Saturday or at any time on Sunday.
(b) No delivery or removal of containers by a Collector may be made between
the hours of 6:00 p.m. and 7:00 a.m. the next day.
(c) The Manager may waive the requirements of this section when
necessitated by conditions beyond the control of the Collector.
8.08.430. Litter. If the Collector releases, or permits or causes the release of
any solid waste on public or private property in the City at any time, it shall forthwith
clean up, contain, collect and remove same.
8.08.440. Emplovees of Collector. All field employees of the Collector shall
wear name tags to enable identification while providing service to the public.
8.08.450. Trespass. No person authorized to collect or transport solid waste
or recyclables shall enter on private property beyond the extent necessary to collect the
solid waste or recyclables, properly placed for collection.
8.08.460. Noise. The Collector shall so conduct its operations as to offer the
least possible obstruction and inconvenience to public traffic or disruption to the existing
noise levels of the area within which collections are made.
8.08.470. Ownership. At such time as the solid waste or recyclables are placed
for collection at the usual place of collection, the solid waste or recyclables are the property
of the Collector.
8.08.480. Disposal.
(a) It shall be unlawful at any time for any person, including the Collector, to
burn any solid waste or recyclables within the City.
(b) It shall be unlawful at any time for any person, including the Collector, to
bury or dump any solid waste or recyclables within the City.
8.08.490. Transfer of Loads on Streets. No person shall transfer solid waste or
recyclable materials from one collection vehicle to another on any public street or road
unless such transfer is essential to the method of operation and is by the City Manager, or
is necessary owing to mechanical failure or accidental damage to a vehicle. The transfer of
solid waste or recyclables from small collection ve-icles such as mini -trucks and three
wheel scooters to full size packer trucks, if approved in advance by the City Manager, is
not a violation of this Section.
8.08.500. Resource Recovery. The Collector shall, at all times, comply with
City policies and programs regarding solid waste recovery, reduction of solid waste and
recycling of solid waste, including the City's Source Reduction and Recycling Element.
Such policies and programs may be established by resolution of the City Council.
Compliance with such policies and programs shall be a condition of any franchise issued
pursuant to this Chapter.
Ordinance No. 244 -12-
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8.08.510. Collection of Recvclable Materials. The Collector shall offer
recyclable materials collection services as follows:
(a) A "backyard" program consistent with the program outline established by
resolution of the City Council.
(b) Operation of a Drop -Off Center at City Hall where residents may drop off
recyclable items, such as paper, telephone books, glass, and aluminum. No hazardous
wastes shall be accepted. Operation of the Center shall be in a manner consistent with all
applicable laws. Signs indicating acceptable and unacceptable recyclables shall be
prominently posted. Bins or containers shall be conspicuously labelled. The hours of
operation shall be twenty-four hours a day. Collector will provide regular maintenance
and collection of recyclable materials from the Center, as directed by the City Manager.
(c) The Collector shall develop and implement a public information and
education program for the recyclable materials collection services described in this Section
8.08.510, approved by the City Manager. The Collector will establish and maintain a
system for establishing diversion credits for the City of Rolling Hills in a manner
consistent with the Act.
8.08.520. Collection of Green Waste. The Collector shall offer green waste
services to its customers as follows:
(a) The Collector shall provide each residential customer a container for
green waste. The container shall have a minimum capacity of 90 gallons with a five (5)
year life expectancy warranted by the manufacturer. The Contractor's company name and
phone number should be permanently affixed to each container. All green waste shall be
delivered to a legitimate composting or alternative fuel facility or used as cover material
at a landfill, so that City receives credit for diverting the green waste from disposal at a
landfill.
(b) The Collector shall provide to all customers who request one, at the cost
paid by the Collector, a composting bin of a type approved by the City Manager. Each
composting bin so provided shall include full instructions. The Collector shall provide
training, twice per year, on backyard composting. The training sessions shall be open to all
residents of the City.
(c) The Collector shall develop and implement a public information and
education program for the green waste services described in this Section 8.08.510,
approved by the City Manager.
Part VI - Containers
8.08.600. Care of Containers. No person shall throw containers or recycling
containers from any vehicle to the ground, or in any other way break or damage or
roughly handle such containers.
8.08.610. Unauthorized Use of Containers. No person other than the
Collector who provides collection services at the premises, or the owner or employee of
the owner of the container, or the person upon whose premises such container is located,
or a City employee, shall remove any material from a solid waste or recyclable container.
8.08.620. Tampering with Containers. No person other than the owner or
occupant of the premises where a container is located, or the Collector who provides
collection services at the premises where the container is located, or a City employee shall
tamper with, or remove any container or other equipment used for the storage . of solid
waste or recyclables.
8.08.630. . Containers for Garbage and Rendering Waste. Any container to be
placed for collection containing garbage or rendering waste shall have a tightly fitting
cover. Said cover shall be used at all times.
8.08.640. Unauthorized Settina Out of Containers. No person occupying,
Ordinance No. 244 -13-
using, or in charge of any premises shall set out or cause to be set out for collection any
solid waste or recyclables not originating on the premises.
8.08.650. Containers at Residential Premises. Every person owning,
occupying or in possession of any residential premises in the City shall provide sufficient
containers as to accommodate the amount of solid waste generated by the premises The
containers shall be constructed of metal, hard rubber, or plastic, shall be constructed so as
not to permit the contents thereof to sift or pass through any opening therein other than
the top, shall be maintained in a clean and sanitary condition the householder and shall
not contain any rough or jagged surfaces. The containers shall have a capacity of not more
than forty-five (45) gallons and shall weigh not more than seventy (70) pounds when
placed for collection. Heavy-duty plastic bags especially manufactured for solid waste
collection and trash compactor sacks may also be used provided they are securely tied, not
perforated or split, and the bag and its contents do not weigh more than (70) pounds. Dog
and cat manure is to be wrapped securely in paper or placed in a covered box.
Any solid waste not susceptible to placement in a container may be placed for
collection at the same place and time as the container if it is securely tied in bundles not
heavier than seventy (70) pounds, not more than four (4) feet in length, nor more than
eighteen (18) inches in diameter. Wooden boxes, crates, pallets, or cardboard boxes are to
be broken down and stacked neatly at the depositor's refuse collection point.
No cardboard box, paper bag or oil drum may be used as a container for solid waste.
No more than five (5) containers shall be set out by the residential householder.
8.08.660. Accumulation of Solid Waste Prohibited. It shall be unlawful for
any person owning, managing, or having the control of any premises or vacant lot or any
person occupying a dwelling within the City to permit an accumulation of solid waste
and/or recyclables to become or remain offensive, unsightly, or unsafe to the public health
or safety or hazardous from fire, or to deposit, keep, or accumulate, or permit or cause any
solid waste and/or recyclables to be deposited, kept, or accumulated, upon any property,
lot or parcel of land, or any public or private place, street, lane, alley, or driveway, except as
provided in this Chapter. No person occupying, owning, or in control of any premises
shall permit solid waste and/or recyclables to accumulate, or to blow about in a manner
which creates an unsightly appearance, or a health hazard. It shall be unlawful for any
person to dispose of their solid waste into containers at locations other than those that
may be located upon property which they own, lease, rent, or at their own place of
business.
8.08.670. Placement of Containers at Residential Premises. In the case of
residential premises, each container or bundle shall be kept in the rear -yard of the
premises reasonably concealed from view by neighbors. Such areas shall be readily
accessible to the Collector by a pathway of at least four (4) feet in width and shall have an
overhead clearance of at least eight (8) feet. Access to the containers shall not be impaired
by the presence of any vehicles or other obstructions.
The Collector shall collect from the rear yard and shall return all containers in
an upright position -to the approximate location where found by the Collector and without
any unnecessary noise or wear and tear or damage to said receptacles. The Collector shall
reimburse the customer for any damage caused to receptacles by the unnecessary wear and
tear of the Collector. In the event the Collector declines to collect any solid waste, the
Collector shall leave a tag on the container on which is indicated the reason for refusal to
collect. The tag shall include the Collector's name and telephone number. A record shall
be kept by the Collector of all locations where such tags have been left, with the reasons
noted. Such record shall be made available for inspection by City upon reasonable notice.
80.08.680. Container Storaae Areas. The owner or occupant of institutional or
residential premises where a container is placed shall provide a clean, safe and sanitary
for the storage thereof.
Part VII - Exclusions
8.08.700. Residential Householder Exclusion. No provision of this Chapter
Ordinance No. 244 -14-
shall prevent residential householders from collecting and disposing of occasional loads
of solid waste generated in or on their residential premises, or from composting green
waste, or from selling or disposing of recyclables generated in or on their residential
premises; provided, however, that no residential householder shall employ or engage any
solid waste enterprise, other than the franchised residential Collector, to haul or transport
such materials to a transfer station or landfill.'
8.08.710. Dwellinqs Under Construction. Residential . dwellings under
construction and newly constructed residential dwellings, prior to .occupancy, need not be
served and for such period shall not be subject to the payment of the fees herein specified.
(a) Residential dwellings undergoing major alterations or repairs, but
occupied, shall receive regular service for collectible rubbish other than the construction
debris and waste materials.
(b) Residential dwellings which remain unoccupied for four (4) full weeks or
longer, or a calendar month, shall not be liable for the payment of the collection fees for
such periods, provided the following conditions are complied with:
(1) The occupant of the residential dwelling shall notify the City and
the Collector, at their respective offices, of the vacancy. The notice shall be in writing and
the effective date shall be one week after the date of the notification. Receipt of the notice
shall be acknowledged and a reference number assigned to avoid misunderstanding;
. (2) . The, occupant shall notify the offices of the City and the Collector
the duration of the vacancy, if known, at the time of the discontinuance of the collection
service; otherwise occupant shall notify promptly by mail or phone the date of occupancy
or resumption of occupancy; and
(3) The premises described in the notice shall not be occupied during
the period of the vacancy, and no refuse of any type shall be produced during the period or
collected from the residential unit."
8.08.720. Gardener's Exclusion. No provisions of this Chapter shall prevent
a gardener, tree trimmer or person engaged in a similar trade from . collecting and
disposing of grass cuttings, prunings, and similar material not containing' other solid
waste when incidental to providing such gardening, tree trimming or similar services.
8.08.730. Manure Hauler Exclusion. No provisions of this Chapter shall
prevent a manure hauler from collecting and disposing of manure from residential
premises, so long as such manure is not disposed of in a landfill.
PASSED, APROVED AND ADOPTED THIS 8 .TH DAY OF NOVEMBER, 1993.
W
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ATTEST:
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DEPUTY CIA
Ordinance No. 244 -15-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) Ss
CITY OF ROLLING HILLS )
The foregoing Ordinance No. 244 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGULATING
COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
was approved and adopted at a regular meeting of the City Council on November 8, 1993,
by the following roll call vote:
AYES: Councilmembers Swanson, Heinsheimer, Mayor Pro Tem Leeuwenburgh
and Mayor Murdock.
NOES: None.
ABSENT: Councilmember Pernell.
ABSTAIN: None.
MARILYN L. KERN
DEPUTY CITY CLERK
1
1
Ordinance No. 244 -16-
ORDINANCE NO. 245
AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING UNIFORM
PARKING CITATION PROCESSING PROCEDURES, AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. This Parking Citation Processing Ordinance is adopted
pursuant to Assembly Bill 408, approved and filed with the Secretary of State on September
30, 1992, which amends Sections 40200, 40200.3, 40200.4, 40200.5, 40200.7, 40202, 40203.5,
40204, 40205, 40206, 40206.5, 40207, 40209,40210, 40211, 40215, 40220, 40221, 40224, and 40225
of the California Vehicle Code, and which mandates the transfer of parking citation
processing functions from courts to cities between July 1, 1993 and January 1, 1994. Cities
and/or their designated processing and/or issuing agencies are required to establish an
administrative review procedure for those persons desiring to contest parking citations.
This Ordinance establishes such a procedure.
SECTION 2. The Rolling Hills Municipal Code is hereby amended. by
designating and renumbering Chapter 10. 80 as Chapter 10.84 and by adding a new Chapter
10. 80 to Title 10 to read as follows:
PARKING CITATION PROCESSING
10.80.010 Title. This Chapter shall be known as the Parking Citation
Processing Ordinance of the City of Rolling Hills.
10.80.020 Definitions. Except where the context otherwise requires, the
definitions provided in this Section shall govern the construction of this Chapter.
A. "Agency" shall mean the "processing agency" as defined below.
B. "City" shall at all times refer to the City of Rolling Hills.
C. "Contestant" shall mean any "operator" or "registered owner" as
defined in this Section who contests a parking citation.
D. "Department" shall mean the Department of Motor Vehicles.
E. "Hearing Examiner" shall mean any individual selected by the City, or
if the City elects to contract for parking citation processing services, that individual selected
by the processing agency authorized to administratively adjudicate parking citation
contests.
F. "Issuing Agency" shall mean the City or its authorized agent that issues
parking citations.
G. "Issuing Officer" shall mean a peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of the California Penal Code, or the successor
statutes thereto, or their issuing officer who is authorized to issue a parking citation.
H. "Operator" shall mean any individual driving and/ or in possession of
a vehicle at the time a citation is issued or the registered owner.
I. "Parking Citation" shall mean a notice that personally given or mailed
to the operator, or attached to operator's vehicle, informing the operator of a parking,
equipment and/or other vehicle violation and the operators right to elect to pay the fine
for the violation or contest the citation.
J. "Parking Penalty" includes, but is not limited to, the parking penalty
for the particular violation, as well as late payment penalties, administrative fees,
assessments, costs of collection as provided by law, and other related fees.
Ordinance No. 245 -1-
K. "Processing Agency" shall mean the City or its authorized agent that
processes parking citations and issues notices of delinquent parking violations on behalf of
the City.
L. "Registered Owner" shall mean the individual or entity whose name is
recorded with the Department of Motor Vehicles as having ownership of a particular
vehicle.
M. "Vehicle" shall mean any self-propelled vehicle operated or suitable
for operation on a highway.
N. "Violation" shall mean any parking, equipment or other vehicle
violation as established pursuant to state law or local ordinance.
10.80.030 Authority to Contract with Outside Agencies. The City may issue
and/or process parking citations and notices of delinquent parking violations, or it may
enter into a contract with a private parking citation processing agency, or with another city,
county, or other public issuing or processing agency.
Any contract entered into pursuant to this Section shall provide for monthly
distribution of amounts collected between the parties, except amounts payable to the
County pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the
California Government Code, or the successor statutes thereto, and amounts payable to the
Department pursuant to California Vehicle Code Section 4763 or the successor statute
thereto.
10.80.040 Authority to Conduct Administrative Review Process: Hearing
Officer: Procedures. The processing agency may review appeals or other objections to
a parking citation pursuant to the procedures set forth in this Section.
A. For a period of twenty-one (21) days from the issuance of the parking
citation, or ten (10) days from the mailing of the notice of delinquent parking citation, an
operator may request initial review by the processing agency. The request for initial review
may be made in writing, by telephone or in person.
B. The initial review by the processing agency shall consist of those
procedures outlined in Subdivision 1 of Paragraph A of 10.80.130.
C. If the operator is dissatisfied with the results of the initial review, the
operator may contest the parking citation or notice of delinquent parking violation
through an administrative hearing process as outlined in Section 10.80.130.
In order to contest the parking citation, operator must deposit with the
processing agency the full amount of the parking penalty on or before the fifteenth (15th)
day following the mailing to that operator of the results of the processing agency's initial
review. At the same time, the operator must provide a written explanation of the reason
or the reasons for contesting the parking citation on a form provided by the processing
agency. If the operator is unable to deposit the full amount of the parking penalty, the
operator must provide verifiable and substantial proof of an inability to deposit the
parking penalty. Upon presentation of such proof, the processing agency shall proceed with
the contest procedure despite the operator's failure to deposit the full amount of the
parking penalty. If it is ultimately determined that the operator is not liable for the parking
violation, then the full amount of the parking penalty deposited shall be refunded.
The contestant may contest the parking citation either by written
declaration, on forms provided by the processing agency, or by personal appearance before
a hearing examiner.
D. Notwithstanding the provisions of Paragraph C of this Section, if the
vehicle has been immobilized or impounded for unpaid parking citations, the processing
agency shall permit the registered owner of the vehicle to contest the parking citations
upon which the seizure was based, without requiring a deposit of the parking penalty,
provided that the vehicle remains under the control of the immobilizing or impounding
agency.
Ordinance No. 245 -2-
E. The processing agency shall provide, through an administrative policy,
a procedure for contesting parking citations and notices of delinquent parking violations.
10.80.050 Process by which Parking Citations Must Be Issued. Parking citations
shall be issued in accordance with the following procedures:
A. If a vehicle is unattended at the time that the parking citation is issued
for a parking violation, the issuing officer shall securely attach to the vehicle the parking
citation setting forth the violation, including reference to the section of the California
Vehicle Code, the City's Municipal Code, or other parking regulation violated; the
approximate time of the violation; the location of the violation, and the date by which the
operator is to deposit the parking penalty or contest the parking citation pursuant to
Section 10.80.130. The citation shall state the amount of the parking penalty and the
address of the agent authorized to receive deposit of the parking penalty.
The parking citation shall also set forth the vehicle license number and
registration expiration date, if such date is visible; the last four digits of the vehicle
identification number if that number is visible through the windshield; the color of the
vehicle; and, if possible, the make of the vehicle.
B. The parking citation or copy thereof, shall be considered a record kept
in the ordinary course of business of the issuing agency and the processing agency, and
shall be prima facie evidence of the facts contained therein.
C. Once the parking citation is prepared and attached to the vehicle
pursuant to Paragraph A above, the issuing officer shall file notice of the parking violation
with the processing agency.
D. If during issuance of the parking citation, without regard to whether
the vehicle was initially attended or unattended, the vehicle is driven away prior to
attaching the parking citation to the vehicle, the issuing officer shall file the notice with
the processing agency. The processing agency shall mail, within fifteen (15) days of issuance
of the parking citation, a copy of the parking citation to the registered owner.
E. If after a copy of the parking citation is attached to the vehicle, or
personally given to the operator, the issuing agency or the issuing officer determines that
the issuing officer was in error in issuing the parking citation, the issuing officer or the
issuing agency may recommend, in writing, that the parking citation be canceled. The
recommendation shall state the reason or reasons for cancellation and shall be filed with
the processing agency.
Under no circumstance shall a personal relationship with any public
official, officer, issuing officer, or law enforcement agency be grounds for cancellation.
F. If a processing agency makes a finding that there are grounds for
cancellation as set forth in the City's administrative policy, or pursuant to any other basis
provided by law, then the finding or findings shall be filed with the processing agency, and
the parking citation shall be canceled pursuant to Subdivision 1 of Paragraph A of Section
10.80.130.
10.80.060 Parking Penalties.
A. Parking penalties shall be established by resolution of the City.
B. All parking penalties received by the processing agency shall accrue to
the benefit of the City.
10.80.070 Parking Penalties Received by Date Fixed; No Contest: Request to
Contest. If the parking penalty is received by the processing agency and there is no
contest by the date fixed on the parking citation, all proceedings as to that parking citation
shall terminate.
If the operator contests the parking citation, the processing agency shall
proceed in accordance with Section 10.80.130.
Ordinance No. 245 -3-
10.80.080 Parking Penalties Not Received by Date Fixed. If payment of the
parking penalty is not received by the processing agency by the date fixed on the parking
citation, the processing agency shall deliver to the registered owner a notice of delinquent
parking violation pursuant to Section 10.80.090.
Delivery of a notice of delinquent parking violation may be made by personal
service or by first class mail addressed to the registered owner of the vehicle as shown on
the records of the Department.
10.80.090 Notice of Delinquent Parking Violation: Contentsy. The notice
of delinquent parking violation shall contain the information required to be included in a
parking citation pursuant to Section 10.80.050. The notice of delinquent parking violation
shall also contain a notice to the registered owner that, unless the registered owner pays
the parking penalty or contests the citation within ten (10) days after mailing the notice of
delinquent parking violation or completes and files an affidavit of nonliability that
complies with Section 10.80.110 or Section 10.80.120, the vehicle registration shall not be
renewed until the parking penalties have been paid. In addition, the notice of delinquent
parking violation shall contain, or be accompanied by, an affidavit of nonliability and
information of what constitutes nonliability, information as to the effect of executing an
affidavit, and instructions for returning the affidavit to the issuing agency.
If the parking penalty is paid within ten (10) days after the mailing of the
notice of delinquent parking violation, no late penalty or similar fee shall be charged to the
operator.
10.80.100 Copv of Citation upon Request by Registered Owner.
A. Within fifteen (15) days of request, made by mail or in person, the
processing agency shall mail or otherwise provide to the registered owner, or the registered
owner's agent, who has received a notice of delinquent parking violation, a copy of the
original parking citation. The issuing agency may charge a fee sufficient to cover the actual
cost of copying and/or locating the original parking citation, not to exceed two ($2) dollars.
Until the issuing or processing agency complies with a request to provide a copy of the
parking citation, the processing agency may not proceed to immobilize the vehicle in
question merely because the registered owner has received five or more outstanding
parking violations over a period of five or more days.
B. If the description of the vehicle on the parking citation does not
substantially match the corresponding information on the registration card for that vehicle
the processing agency shall, on written request of the operator, cancel the notice of parking
violation.
10.80.110 Affidavit of Nonliabilitv; Leased or Rented Vehicle. A registered
owner shall be released from liability for a parking citation if the registered owner files
with the processing agency an affidavit of nonliability in a form satisfactory to the
processing agency and such form is returned within thirty (30) days after the mailing of the
notice of delinquent parking violation together with proof of a written lease or rental
agreement between a bona fide rental or leasing company and its customer which
identifies the renter or lessee and provides the operator's driver's license number, name
and address. The processing agency shall serve or mail to the renter or lessee identified in
the affidavit of nonliability a notice of delinquent parking violation. The processing agency
shall inform the renter or lessee that he or she must pay the full amount of the fine, or
provide notice to the processing agency that he or she intends to contest the parking
citation pursuant to Section 10.80.130 within fifteen (15) days of the mailing of the notice of
delinquent parking violation. If the processing agency does not receive payment of the
parking citation or does not receive notice of an intent to contest within fifteen (15) days,
the processing agency may proceed against the renter or lessee pursuant to Section
10.80.140.
10.80.120 Affidavit of Nonliabilitv: Sale. A registered owner of a vehicle shall
be released from liability for a parking citation issued to that vehicle if the registered owner
served with a notice of delinquent parking violation files with the processing agency,
within thirty (30) days of receipt of the notice of delinquent parking violation, an affidavit
of nonliability together with proof that the registered owner served with a notice of
delinquent parking violation has made a bona fide sale or transfer of the vehicle and has
Ordinance No. 245 -4-
delivered possession thereof to the purchaser prior to the date of the alleged violation. The
processing agency shall obtain verification from the Department that the former owner
has complied with the requirements necessary to release the former owner from liability
pursuant to California Vehicle Code Section 5602 or the successor statute thereto.
If the registered owner has complied with California Vehicle Code Section
5602, or the successor statute thereto, the processing agency shall cancel the notice of
delinquent parking violation with respect to the registered owner.
If the registered owner has not complied with the requirements necessary to
release the owner from liability pursuant to California Vehicle Code Section 5602, or the
successor statute thereto, the processing agency shall inform the registered owner that the
citation must be paid in full or contested pursuant to Section 10.80.130. If the registered
owner does not comply, the processing agency shall proceed pursuant to Section 10.80.140.
10.80.130 Contesting Parking Citation: Procedure.
A. If an operator or registered owner contests a parking citation or a notice
of delinquent parking violation, the processing agency shall do all of the following:
1. First, either investigate with its own records and staff or request
that the issuing agency investigate the circumstances of the citation with respect to the
contestant's written explanation of the reason or reasons for contesting the parking
citation.
If, based on the results of that investigation, the processing
agency is satisfied that the violation did not occur, because the registered owner was not
responsible for the violation by virtue of having sold, rented or leased the vehicle, or
because legally supportable or mitigating circumstances as set forth in the City's
administrative policy warrant a dismissal, the processing agency shall cancel the parking
citation, and make an adequate record of the reason or reasons for canceling the parking
citation. The processing agency shall mail the results of the investigation by first class mail
to the contestant within ten (10) days of the decision.
2. If the contestant is not satisfied with the results of the
investigation provided for in Subdivision 1, the contestant may, within fifteen (15) days of
the mailing of the results of the initial investigation, deposit the amount of the parking
penalty and other related fees or provide proof of an inability to deposit the parking
penalty, and request an administrative hearing.
0 3. If the contestant prevails at the administrative hearing, then the
full amount of the parking penalty deposited shall be refunded.
B. The administrative hearing procedure shall consist of the following.
1. The contestant shall make a written request for administrative
hearing on a form and in a manner satisfactory to the processing agency, and may request
to contest the parking citation either in person or by written declaration.
2. If the contestant is a minor, that person shall be permitted to
appear at a hearing or admit responsibility for a parking citation without the necessity of
the appointment of a guardian. The processing agency may proceed against the minor in
the same manner as if the minor were an adult.
3. The administrative hearing shall be conducted before an
examiner designated to conduct the hearing by the City Council or by the processing
agency.
C. The issuing officer shall not be required to participate in an
administrative hearing. The issuing agency shall not be required to produce any evidence
other than the parking citation or copy thereof, and information received from the
Department identifying the registered owner of the vehicle.
This documentation in proper form shall be considered prima facie
evidence of the violation.
Ordinance No. 245 -5-
D. The processing agency's final decision shall be in writing and delivered
personally to the contestant or the contestants agent, or delivered by first class mail within
ten (10) working days following the hearing.
E. If the contestant is not the registered owner of the vehicle, all notices to
the contestant required under this Section shall also be given to the registered owner by
first class mail.
10.80.140 Collection of Unpaid Parking Penalties. Except as otherwise
provided below, the processing agency shall proceed under Paragraph A or Paragraph B,
but not both, in order to collect an unpaid parking penalty:
A. File an itemization of unpaid parking penalties and other related fees
with the Department for collection pursuant to the California Vehicle Code Section 4760 or
the successor statute thereto.
B. If more than four hundred ($400) dollars in unpaid parking penalties
and other related fees have been accrued by any one registered owner or the registered
owner's renter, lessee or sales transferee, proof thereof may be filed with the court which
has the same effect as a civil judgment. Execution may be levied and such other measures
may be taken for the collection of the judgment as are authorized for the collection of
unpaid civil judgments entered against a defendant in an action against a debtor.
The processing agency shall send notice by first-class mail to the
registered owner or renter, lessee, or sales transferee indicating that a civil judgment has
been filed and the date that the judgment shall become effective. The notice shall also
indicate the time: that execution may be levied against that person's assets, that liens may
be placed against that person's property, that the person's wages may be garnished, and that
other steps may be taken to satisfy the judgment. The notice shall also state that the
processing agency will terminate the commencement of a civil judgment proceeding if all
parking penalties and other related fees are paid prior to the date set for hearing. If
judgment is entered, then the City may file a writ of execution or an abstract with the court
clerk's office identifying the means by which the civil judgment is to be satisfied.
If a judgment is rendered for the processing agency, that agency may
contract with a collection agency licensed pursuant to Chapter 8 (commencing with Section
6850) of Division 3 of the California Business and Professions Code, or the successor
statutes thereto, to collect the judgment.
The processing agency shall pay the established first paper civil filing
fee at the time an entry of civil judgment is requested.
C. If the registration of the vehicle has not been renewed for (60) days
beyond the renewal date, and the citation has not been collected by the Department
pursuant to the California Vehicle Code Section 4760, or the successor statute thereto, then
the processing agency may file proof of unpaid penalties and fees with the court which has
the same effect as a civil judgment as provided above in Paragraph B.
D. The processing agency shall not file a civil judgment with the court
relating to a parking citation filed with the Department unless the processing agency has
determined that the registration of the vehicle has not been renewed for sixty (60) days
beyond the renewal date and the citation has not been collected by the Department
pursuant to the California Vehicle Code Section 4760 or the successor statute thereto.
10.80.150 Oblieation of Processine- Agencv Once Parking Penalty Paid.
A. If the operator or registered owner served with notice of delinquent
parking violation, or any other person who presents the parking citation or notice of
delinquent parking violation, deposits the penalty with the person authorized to receive it,
the processing agency shall do both of the following:
1. Upon request, provide the operator, registered owner, or the
registered owner's agent with a copy of the citation information presented in the notice of
delinquent parking violation. The processing agency shall, in turn, obtain and record in its
Ordinance No. 245 -6-
records the name, address and driver's license number of the person actually given the
copy of the citation information.
2. Determine whether the notice of delinquent parking violation
has been filed with Department or a civil judgment has been entered pursuant to Section
10.80.140.
B. If the processing agency receives full payment of all parking penalties
and other related fees and the processing agency has neither filed a notice of delinquent
parking violation nor entered a civil judgment, then all proceedings for that citation shall
cease.
C. If the notice of delinquent parking violation has been filed with the
Department and has been returned by the Department pursuant to the provisions of the
California Vehicle Code and payment of the parking penalty has been made, along with
any other related fees, then the proceedings for that citation shall cease.
D. If the notice of delinquent parking violation has been filed with the
Department and has not been returned by the Department, and payment of the parking
penalty along with any other fees applied by either the Department or the processing
agency or both have been made, the processing agency shall do all of the following:
1. Deliver a certificate of payment to the operator, or other person
making payment,
2. Within five (5) working days transmit payment information to
the Department in the manner prescribed by the Department,
violation,
3. Terminate proceedings on the notice of delinquent parking
4.. Deposit all parking penalties and other fees as required by law.
10.80.160 Deposit of Parking Penalties with the Citv. All parking penalties
collected, including process service fees and costs related to civil debt collection, shall be
deposited to the account of the processing agency, and then remitted to the City, if the City
is not also the processing agency.
If the City is not the processing agency, then the City shall enter into an
agreement with the processing agency for periodic transfer of parking citation receipts,
along with a report setting forth the number of cases processed and the sums received.
10.80.170 Filine of Annual Reports. The processing agency shall
prepare an audited report at the end of each fiscal year setting forth the number of cases
processed, and all sums received and distributed, together with any other information that
may be specified by the City or its authorized issuing agency or the State Controller. The
report is a public record and shall be delivered to the City and its authorized issuing
agency.
PASSED, APPROVED AND ADOPTED, this 22nd day of November, 1993.
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lo M Do
MAYOR
ATTEST:
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CRAIG R. NEALIS
CITY CLERK
Ordinance No. 245 -7-
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Ordinance No. 245 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING UNIFORM
PARKING CITATION PROCESSING PROCEDURES, AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE.
was approved and adopted at a regular meeting of the City Council on November 22, 1993,
by the following roll call vote:
AYES: Councilmembers Swanson, Pernell, Heinsheimer and Mayor Murdock.
NOES: None.
ABSENT: Mayor Pro Tem Leeuwenburgh.
ABSTAIN: None.
Ordinance No. 245 -8-
QARILYN KERN
DEPUTY CITY CLERK
ORDINANCE NO. 246
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING
THE ADVISORY TRAFFIC COMMISSION AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 10.08.010 of Chapter 10.08 of Title 10 of the Rolling Hills
Municipal Code is amended to read as follows:
10.08.010 Establishment --Membership. There is established an
advisory Traffic Commission, the members of which shall serve without
compensation at the pleasure of the City Council for staggered terms
of two vears. The Commission shall consist of one member of the
Council and four residents of the City, one of whom shall be a member
of the Board of Directors of the Rolling Hills Community Association.
The Chairperson of such Commission shall be the City
Councilmember. A Vice -Chairperson shall be elected by the
Commission."
Section 2. In order to implement the staggering of terms as provided for in Section
10.08.010, the term of one resident of the City and the resident who is a member of the Board of
Directors of the Rolling Hills Community Association appointed in January, 1994 shall be for a
period of one year; thereafter, the term of those two positions shall be two years.
PASSED, APPROVED AND ADOPTED THIS 14th day of February, 1994.
! 1� 15, V
"If #5A.,
RVIEW101.94
ATTEST:
/!X_/"
CRAIG R. NEALIS
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
CITY OF ROLLING HILLS )
The foregoing Ordinance No. 246 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING
THE ADVISORY TRAFFIC COMMISSION AND AMENDING THE
ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on February 14, 1994, by the
following roll call vote:
AYES: Councilmembers Swanson,-Pernell, Heinsheimer,
Mayor Pro Tem Leeuwenburgh and Mayor Murdock.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MARILYN L. KERN
DEPUTY CITY CLERK
Ordinance No. 246 -1-
ORDINANCE NO. 247
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 6.24.020, PARAGRAPH B, OF THE ROLLING HILLS
MUNICIPAL CODE ENTITLED "CITY MANAGER
INVESTIGATIONS -ACTION -WHEN DOG ATTACKS ANIMAL" AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL .OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 6.24.020B of Chapter 6.24 of Title 6 of the Rolling Hills
Municipal Code is amended to read as follows:
"6.24.020. Parasranh B. In the event the same dog attacks any
animal described in Subsection A of this section in the City on a
second occasion, the procedure outlined in Subsection A shall be
followed by the City Manager and if the City Manager, after an
investigation, finds that the statements alleged are true and accurate,
then the City Manager shall forthwith mail a copy of the affidavit and
findings to the owner or custodian of said dog, as provided for in
Subsection A of this Section, and within five days after receipt of the
affidavit and findings, the owner or the person having custody of the
dog shall take action as ordered by the City Manager and thereafter
adhere to the requirements and conditions of the findings, which may
include permanent removal of said dog from the City."
PASSED, APPROVED AND ADOPTED THIS 14th da of March, 1994.
JOD M DO
MAYOR
ATTEST:
Z*!f-&4
CRAIG R. NEALIS
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 247 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 6.24.020, PARAGRAPH B, OF THE ROLLING HILLS
MUNICIPAL CODE ENTITLED "CITY MANAGER
INVESTIGATIONS -ACTION -WHEN DOG ATTACKS ANIMAL" AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
was approved and adopted at a regular meeting of the City Council on March 14, 1994, by the
following roll call vote:
AYES: Councilmembers Swanson, Pernell, Mayor Pro Tem Leeuwenburgb
and Mayor Murdock
NOES: None
ABSENT: Councilmember Heinsheimer
ABSTAIN: None
MARILY9 L. KERN
DEPUTY CITY CLERK
Ordinance No. 247 -1-
ORDINANCE NO. 248
AN ORDINANCE OF THE CITY OF ROLLING HILLS,
CALIFORNIA MOVING THE DATE OF ITS GENERAL MUNICIPAL
ELECTION FROM THE SECOND TUESDAY IN APRIL OF EVEN -
NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST
MONDAY OF MARCH OF ODD -NUMBERED YEARS PURSUANT
TO ELECTIONS CODE SECTION 2601(b)
WHEREAS, Chapter 828 of the Statutes of 1993 reschedules the 1996 Presidential
Primary for March 26, 1996;
WHEREAS, the City's General Municipal Election is now scheduled for Tuesday,
April 9, 1996;
WHEREAS, if the City's General Municipal Election is held just two weeks after the
California Presidential Primary, election officials of the County of Los Angeles will be unavailable
to help or loan equipment to the City Clerk to conduct the City's General Municipal Election and
the City Clerk's office lacks the resources to conduct that election without the assistance of County
elections officials;
WHEREAS, if the City's General Municipal Election is held just two weeks after the
California Presidential Primary, there is a significant risk of voter confusion, as voters in the City
will receive two ballot pamphlets and directions for two elections at different polling locations in
a very brief space of time;
WHEREAS, if the City's General Municipal Election is held just two weeks after the
California Presidential Primary, it will be difficult to secure election precinct workers willing to
conduct necessary precinct duties.
WHEREAS, Chapter 828 of the Statutes of 1993 amended Elections Code 2601 to
authorize the City to reschedule its General Municipal Election to avoid the practical difficulties
noted above;
NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as
follows:
Section 1. Pursuant to Section 2601(b) of the California Elections Code and
commencing on March 4, 1997, the date of the General Municipal Election of the City of Rolling
Hills is hereby moved from the second Tuesday in April of each even -numbered year to the first
Tuesday after the first Monday in March of each odd -numbered year.
Section 2. Pursuant to Section 2601(c) of the California Elections Code, those
terms of office that would have expired in April, 1996 are hereby extended to the first Tuesday
after the first Monday in March, 1997 and those terms of office that would have expired in April,
1998 are hereby extended to the first Tuesday after the first Monday in March 1999.
Section 3. The City Clerk shall provide the notice of the adoption of this
ordinance that is required by Section 2601(e).
PASSED, APPROVED and ADOPTED this 27th day of June, 1994.
ATTEST:
�/-Alk
Craig'R. Nealis
City Clerk
Ordinance No. 248
-1-
Thomas F. Heinsheimer
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Ordinance No. 248 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS,
CALIFORNIA MOVING THE DATE OF ITS GENERAL MUNICIPAL
ELECTION FROM THE SECOND TUESDAY IN APRIL OF EVEN -
NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST
MONDAY OF MARCH OF ODD -NUMBERED YEARS PURSUANT
TO ELECTIONS CODE SECTION 2601(b)
was approved and adopted at a regular meeting of the City Council on June 27, 1994, by the
following roll call vote:
AYES: Councilmembers Hill, Lay, Murdock, Mayor Pro Tem Pernell
and Mayor Heinsheimer
NOES: None
ABSENT: None
ABSTAIN: None
MARILYN �LKEIRN
DEPUTY CITY CLERK
Ordinance No. 248 -2-
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1
1
1
1
ORDINANCE NO. 249
AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING
CHAPTER 8.32, OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO ABATEMENT OF VIEW IMPAIRMENT AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE.
The City Council of the City of Rolling Hills does ordain as follows:
. Section 1. Chapter 8.32 of the Rolling Hills Municipal Code relating to abatement
of view impairment is hereby repealed.
PASSED, APPROVED AND ADOPTED, this 8th day of gust, 1994.
Phoma . Heinsheimer
Mayor
ATTEST:
elllt l�
Crai,VR. Nealis
City Manager
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Ordinance No. 249 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING
CHAPTER 8.32, OF THE ROLLING HILLS MUNICIPAL CODE
RELATING TO ABATEMENT OF VIEW IMPAIRMENT AND
AMENDING THE ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on August 8, 1994, by the
following roll call vote:
AYES: Councilmembers Hill, Lay,Murdock, Mayor Pro Tem Pernell and
Mayor Heinsheimer
NOES: None.
ABSENT: None.
ABSTAIN: None .
Ordinance No. 249
-1-
J�Z''-'Q � f . 1-�.�
MARILYN L. KERN
DEPUTY CITY CLERK
ORDINANCE NO. 250
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE APPENDIX J (GRAYWATER
STANDARDS) OF THE STATE PLUMBING CODE, 1994
EDITION, AND AMENDMENTS THERETO, ADOPTING THE
LOS ANGELES COUNTY PLUMBING CODE, TITLE 28, AND
AMENDMENTS THERETO, AND AMENDING PORTIONS OF
CHAPTER 15.08 OF THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 15.08.010 of Chapter 15.08 of Title 15 of the Rolling Hills
Municipal Code is amended to read:
"15.08.010 Adoption of Plumbing Code by reference.
A. Except as hereinafter provided, Chapters 1 through 13 and Appendices
A, B, C, D, I, and J of that certain Plumbing Code known and designated as the "Uniform
Plumbing Code, 1991 Edition," prepared by the International Association of Plumbing and
Mechanical Officials, and further amended May 1, 1994, and Title 28, Plumbing Code of the
Los Angeles County Code, as amended and in effect on November 29, 1992, are hereby
adopted by reference. Except for Chapter 14 of Title 28, Title 28 shall control over any
conflict with said Uniform Plumbing Code, 1991 Edition. Sections 15.08.020, et seq., of
Chapter 15.08 of Title 15 of the Rolling Hills Municipal Code are hereby readopted. The
above-mentioned codes or portions of codes, amendments and sections which are hereby
adopted shall constitute and may be cited as the Rolling Hills Plumbing Code.
B. A copy of the Uniform Plumbing Code, 1991 Edition, Title 28 and
Chapter 15.08 of Title 15 of the Rolling Hills Municipal Code have been deposited in the
office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by
the Clerk for use and examination by the public."
Section 2. Section 15.08.025 of Title 15 is hereby amended by adding the
following Subsection (BB) to read as follows:
"BB. Amendments to Appendix T. Notwithstanding the provisions of
Section 1 of this Ordinance, Appendix J of the Plumbing Code is amended as follows:
1. Section J -1(i) is added to read as follows:
(i) Where a graywater system is to be installed as part of the
construction of a new single family dwelling or in connection with any
remodeling of a single family dwelling, an accessible three-way valve and,
where required, plumbing stub -out that allows diversion of graywater from a
clothes washer to either a graywater system or a sewer may also be installed.
2. Section J -9(e) is amended by adding the following sentence to the end
of that subsection: "If the surge tank is below the septic tank outlet, a pump to
lift the graywater up to the septic tank inlet and an overflow alarm system
may be installed in lieu of the drain and overflow pipe required by this
Section J -9(e)."
3. Section J-11 is amended to add Subsection (a)(8) to read as follows:
"8. When drip irrigation lines are installed on sloping ground, the
lines shall be installed with the contours of the slope, and stepped down the
slope, as required. The connection lines between each horizontal leaching
section shall be water tight."
4. Section J -11(b)(1) is amended to read as follows:
"1. Perforated sections shall be a minimum 3 -inch diameter
or 1-1/2 inch diameter slotted effluent pipe and shall be constructed of
perforated high density polyethylene pipe, perforated ABS pipe, perforated
PVC pipe, or other approved materials, provided that sufficient openings are
Ordinance No. 250 -1-
available for distribution of the graywater into the trench area. Material
construction and perforation of the piping shall be in compliance with the
appropriate absorption field drainage piping standards and shall be approved
by the Administrative Authority. Perforated flex pipe with perforation on all
sides is prohibited."
5. Section J -11(b)(2) is amended by adding the word "round" between
"stone," and "gravel" in the first sentence.
6. Section J-11 is amended to add Subsection (b)(4) to read as follows:
"(4) When mini-leachfield lines are installed on sloping
ground, the lines shall be installed with the contours of the slope, and stepped
down the slope, as required. The connection lines between each horizontal
leaching section shall be watertight."
7. Section J -12(a) is amended by adding the following sentence at the end
of that subsection:
"The Building Official may approve a demonstration system upon
determination that the system provides substantially equivalent health and safety
protection to a system conforming to Appendix J. The Building Official may impose
any reasonable and necessary conditions on the approval of a demonstration
system."
8. Section J-14 is added to read as follows:
"Section J-14 Landslide Areas.
Notwithstanding the provisions of this Appendix J, as amended, the
Building Official may waive the requirements of this Code where special conditions,
including, but not limited to, type of soils and lot configuration, warrant such
changes for homes located in landslide areas. Such waivers are limited to the
requirements which are impractical or counter -indicated given the particular
circumstances of the lot."
9. Section J-15 is added to read as follows:
"Section J-15 Graywater Information Handbooks.
Informational handbooks, which may also include implementing
regulations, consistent with Appendix J of the Rolling Hills Plumbing Code, as
amended shall be at all times available at the public counter."
Section 3. The City Council finds:
A. Gray water systems used for landscape irrigation would be
advantageous to the residents of the City of Rolling Hills. The majority of homes use a
septic tank disposal system in which sewage and waste water is drained into a buried tank
that leaches out into one concentrated area of a lot. With a graywater system, a portion of
that waste water, graywater, would be dissipated throughout a broad expanse of
landscaping on a lot. Using graywater would save the homeowner and the water district
both water and costs, especially during times of drought. The County specifications are
planned to make it easy for homeowners to comply with requirements using common
plumbing materials and logical specifications for health and safety.
B. Modifications to the Plumbing Code that permit graywater systems are
reasonable because of local climate, characterized by hot, dry summers, followed by strong
Santa Ana winds and heavy winter rains which make structures particularly vulnerable to
rapidly spreading wind driven fires and earth movement. These conditions have been
further complicated by intermittent drought conditions. The City contains irregular-
shaped lots that are located in hilly areas. Terrain contains natural canyon shrubbery as
well as a great deal of landscaping. The City has a complex geology that consists of
landslide areas that have been identified by the United States Geologic Survey. There are
extreme fire hazards in late summer and early fall that create an exceptional need to
Ordinance No. 250 -2-
irrigate fire-resistant plants. There are earth movement hazards, including soil creep and
hillslope mass movements which emphasize the importance of near surface disposal by
evapo-transpiration. The reuse of all types of waste water for the prevention of any deep
percolation below the root zone of grasses, shrubs and trees is also advantageous.
Therefore, the use of graywater systems would conserve water through reuse, encourage
landscaping to reduce fire hazards, preserve resources during drought conditions, and
reduce demand on septic systems.
Section 4. This ordinance adopts, like the County ordinances, the Uniform
Code as approved by code writing organizations, the amendments to those codes adopted
by agencies of the State of California upon the incorporation of those codes into the
California Building Standards Code, and the local amendments stated. in this ordinance.
In so doing, this ordinance adopts and amends the applicable provisions of the California
Building Standards Code as required by Health & Safety Code Section 18941.5.
Section 5. Except as herein amended, Chapter 15.08 of Title 15 of the
Rolling Hills Municipal Code shall remain in full force and effect.
PASSED AND ADOPTED ON THE 14th DAY OF AUGUST, 1995.
MAYVK
ATTEST:
MARILYN KpRN
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 250 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE APPENDIX J (GRAYWATER
STANDARDS) OF THE STATE PLUMBING CODE, 1994
EDITION, AND AMENDMENTS THERETO, ADOPTING THE
LOS ANGELES COUNTY PLUMBING CODE, TITLE 28, AND
AMENDMENTS THERETO, AND AMENDING PORTIONS OF
CHAPTER 15.08 OF THE ROLLING HILLS MUNICIPAL CODE.
was approved and adopted at a regular meeting of the City Council on August 14, 1995 by
the following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock
and Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
M 4 - I�
DEPUTY CITY CLERK
Ordinance No. 250 -3-
ORDINANCE NO. 251
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING THE AUTHORITY AND PROCEDURES FOR
ZONE CLEARANCE OF CERTAIN USES AND STRUCTURES,
PROVIDING FOR CITY MANAGER REVIEW OF NON-
COMMERCIAL RADIO ANTENNAS AND SMALL SATELLITE
ANTENNAS, AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE.
THE CTTY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Title 17 (Zoning Ordinance) of the Rolling Hills Municipal Code is
hereby amended by adding a new Chapter 17.44 to read as follows:
"17.44 ZONE CLEARANCE
17.44.010 Purpose
The Zone Clearance process is established to require non -discretionary
administrative review of certain development projects and accessory structures that are
not subject to the Site Plan Review process or any other discretionary review under this
Title. The purpose of the Zone Clearance process is to ensure that the proposed use or
structure satisfies the objective criteria set forth in this Title and other provisions of the
Rolling Hills Municipal Code.
17.44.020 Applicability
Zone clearance shall be required for the following projects and structures:
1. The construction of a barn, stable or corral that does not require a
grading permit, unless such construction is part of a development plan which otherwise
requires Site Plan Review approval;
2. The expansion, modification, alteration or repair of any existing
building or structure that requires a building or grading permit and which is exempt from
Site Plan Review;
3. The installation of a non-commercial radio antenna; and
4. The installation of a satellite antenna or solar panels.
17.44.030 Plans Required
In order to facilitate the Zone Clearance process, the applicant shall submit an
application, accompanied by plans in the form prescribed by the City Manager, and pay the
required application fee as set forth by resolution of the City Council.
17.44.040 Review Body for Zone Clearance Applications
Zone Clearance applications shall be subject to the review and approval of the
City Manager or designee unless otherwise stated in the Section of this Title setting forth
the criteria for such use or structure.
17.44.050 Proceedings
Upon acceptance of a complete application for Zone Clearance, the City
Manager or designee shall review the application for conformance with the provisions of
this Title. The application shall be reviewed by the City Manager or designee or by the
Planning Commission solely for the purpose of assuring that the proposed use or structure
is in compliance with the requirements of this Title and other provisions of this Code. No
public hearing on the application shall be required.
ORDINANCE NO. 251 -1-
17.44.060 Appeals
The decision of the City Manager, designee, or of the Planning Commission is
considered final on the date such decision is rendered. The decision becomes effective ten
(10) days after such decision, unless an appeal has been filed with the Planning
Commission for actions taken by the City Manager or with the City Council for actions
taken by the Planning Commission in accordance with other procedures not in conflict
with this Section that are specified in Chapter 17.54 of this Title."
Section 2. Paragraph E of Section 17.16.200 of Chapter 17.16 of Title 17 of the
Rolling Hills Municipal Code is hereby amended to read as follows:
"E. Non -Commercial Radio Antennas
Non-commercial radio antennas shall be subject to issuance of a Zone
Clearance reviewed by the City Manager or designee, for purposes of assuring compliance
with the following criteria:
1. Non-commercial radio antennas shall not be located in any required
front yard or setback area and shall be hidden or screened from view from the surrounding
properties and any roadway easement.
2. All installations shall be ground -mounted and not affixed to a
residential or permitted accessory structure, unless required to ensure stability.
3. No more than one non-commercial radio antenna may be installed on
any legal building site.
4. All wiring and cables emanating from non-commercial radio antennas
shall be installed in compliance with applicable installation requirements.
5. A building or electrical permit, as applicable, shall be obtained prior to
installation.
6. The installation shall not exceed a total overall height of 25 feet from
finished grade at total retraction. Extendible (telescoping) antennas shall not exceed 50 feet
from finished grade at total extension.
7. The occupant of the property must possess a valid radio operator's
license issued by the Federal Communications Commission.
8. Installation shall be valid only during the residence of a licensed radio
operator and shall be removed upon transfer or change of ownership of the property.
Notwithstanding the provisions of Section 17.08.050 of this Title, a variance
from the provisions of this paragraph may be granted by the Planning Commission, if
necessary to allow the applicant to obtain reasonable reception."
Section 3. Paragraph H of Section 17.16.200 of Chapter 17.16 of Title 17 of
the Rolling Hills Municipal Code is hereby amended to read as follows:
"H. Satellite Antennas and Solar Panels
Installation of a satellite antenna or solar panels shall be subject to issuance of
a Zone Clearance by the Planning Commission except that Zone Clearance for satellite
antennas that are three (3) feet in diameter or less may be issued by the City Manager or
designee. The review of the application by the Planning Commission, City Manager or
designee shall be limited to assuring compliance with the following criteria:
1. The satellite antenna or solar panels shall not be located in any
required front yard or setback area and shall be hidden or screened from view from
surrounding properties and any roadway easement.
2. Colors of the installation shall blend with adjacent environment and
vegetation.
ORDINANCE NO. 251 -2-
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3. All satellite antennas and installations that are more than three (3) feet
in diameter shall be ground -mounted and not affixed to a residential or permitted
accessory structure.
4. No more than one satellite antenna may be installed on any legal
building site.
5. All wiring and cables emanating from a satellite antenna or plumbing
device from solar panels shall be installed in compliance with applicable installation
requirements.
6. A building and/or electrical permit, as applicable, shall be obtained
prior to installation.
7. The installation shall not exceed the total overall height of 15 feet from
finished grade at total extension.
Notwithstanding the provisions of Section 17.08.050 of this Title, a variance
from the provisions of this Section may be granted by the Planning Commission, City
Manager, or designee for satellite antennas three (3) feet or less in diameter, if necessary to
allow the applicant to obtain reasonable reception."
PASSED, APPROVED AND ADOPTED ON THE
1995.
L
MAYOR FRO
ATTEST:
MARILYN KE N
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 251 entitled:
DAY OF MARCH,
AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING THE
AUTHORITY AND PROCEDURES FOR ZONE CLEARANCE OF CERTAIN
USES AND STRUCTURES, PROVIDING FOR CITY MANAGER REVIEW OF
NON-COMMERCIAL RADIO ANTENNAS AND SMALL SATELLITE
ANTENNAS, AND AMENDING THE ROLLING HILLS MUNICIPAL CODE.
was approved and adopted at a regular meeting of the City Council on March 13, 1995 by the following roll call
vote:
AYES: Councilmembers Hill, Lay, Murdock and Mayor Pro Tem Pernell.
NOES: None.
ABSENT: Mayor Heinsheimer.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
ORDINANCE NO. 251
DEPUV.e CITY C ERK
-3-
ORDINANCE NO. 252
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REQUIRING VEHICULAR ACCESS TO STABLES AND
CORRALS AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Title 17 (Zoning Ordinance) of the Rolling Hills Municipal Code
is hereby amended by revising Section 17.16.170 to read as follows:
"17.16.170 Stable and Corral Site Required
Every lot or parcel of the RA =Ione for which Site Plan Review is required by this
Title in connection with the construction of a new single family residence or the
addition to an existing single family residence, shall have areas developed with or
set aside for both of the following:
A. A combination stable and corral area that complies with the criteria set forth
in Paragraph A of Section ]i."io.23 ; and
B. A vehicular accessway to the stable and corral area for delivery of feed and
removal of waste that does not exceed slope of 25 percent (25%).
For purposes of this Section, 'vehicular accessway' shall include a driveway,
roadway or other accessway that is traversable by any motorized device capable of
delivering feed and the removal of waste. These accessways need not be paved."
Section 2. Paragraph A of Section 17.16.200 is hereby amended to read as follows:
A. Barns, Stables and Corrals
Any barn, stable or corral to be constructed shall comply with the following
criteria:
1. The stable shall be not less than 450 square feet in size and must have a
contiguous corral that is not less than 550 square feet in size. The combined
minimum area for a stable and corral shall be 1,000 square feet.
2. The stable and corral shall not be located on a portion of the lot where
the slope is greater than four to one (4:1).
3. No corral, pen, stable, barn or other similar holding facility shall be
permitted in a front yard.
4. Barns, stables, pens and corrals shall be located a minimum of 35 feet
from any residential structure and a minimum of 25 feet from any property line.
5. Barns, stables and corrals shall be used for the exclusive purpose of
keeping permitted domestic animals. Commercial uses are not permitted."
PASSED AND ADOPTED ON THE 12th DAY OF
uv EVC61,
ATTEST:
�.K�
MARILYN L. AERN
DEPUTY CITY CLERK
Ordinance No. 252 -1-
D.D.S.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) S S .
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 252 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REQUIRING VEHICULAR ACCESS TO STABLES AND
CORRALS AND AMENDING THE ROLLING HILLS
MUNICIPAL CODE
was approved and adopted a regular meeting of the City Council on June 12, 1995.
AYES: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock.
and Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
�.P
MAR LYN L. RN
DEPUTY CITY CLERK
Ordinance No. 252 -2-
1
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ORDINANCE NO. 253
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING TERMS OF OFFICE FOR MEMBERS OF THE
PLANNING COMMISSION.
THE CITY COUNCIL OF THE CITY OF ROI LING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. Title 2, Chapter 2.20, of the Rolling Hills Municipal Code is
amended by amending Section 2.20.020 to read as follows:
2.20.020. Appointment of members, terms of office and selection.
The Planning Commission shall consist of five members who shall be residents
of the City, appointed by vote of not fewer than three members of the City
Council. The Term of office of the members of the Planning Commission shall
be three years. Following expiration of the term of office, each Commissioner
shall serve until a successor is appointed and qualified.
Section 2. For the purpose of staggering the terms of the Planning
commission, of the members appointed following adoption of this Ordinance, one member
shall serve for a term of one year, two members shall serve for terms of two years and two
members shall serve for terms of three years. Thereafter, all appointments shall be for three
year terms. The members of the Commission and the assignment of their initial terms shall
be determined by the City Council.
PASSED, APPROVED and ADOPTED this 12t f J e, 1995.
GODFREY PERNEI1, D.D.S.
MAYOR
ATTEST:
MARILYN L. CERN
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 253 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING TERMS OF OFFICE FOR MEMBERS OF THE
PLANNING COMMISSION.
was approved and adopted at a regular meeting of the City Council on June 12, 1995 by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock.
and Payor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
..a. j
DEPUTY CITY LERK
ORDINANCE NO. 253 -1-
ORDINANCE NO. 254
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING REVISED STANDARDS FOR MAXIMUM
DISTURBED AREA AND AMENDING TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Pursuant to an inquiry from the City Council, the Planning staff
evaluated the Zoning Ordinance provision regarding the maximum disturbed area of a lot.
Section 2. On June 20, 1995, the Planning staff presented a report to the
Planning Commission. At that time, the Planning Commission reviewed the staff report
and the matter was set for public hearing on July 18, 1995.
Section 4. On June 30, 1995, Planning staff prepared an initial study for the
project. The initial study found that the project would not have a significant effect on the
environment. Based on this finding, staff prepared a Negative Declaration
Section 3. On July 18, 1995, the Planning Commission held a public hearing
regarding the proposed ordinance regarding maximum disturbed area. The Commission
adopted Resolution No. 95-10, recommending modification of Paragraph B of Section
17.16.070 of the Zoning Ordinance.
Section 4. On July 24, 1995 and August 14, 1995, the City Council held
public hearings regarding the proposed ordinance regarding maximum disturbed area.
Section 5. The City Council has reviewed the proposed Negative
Declaration and finds that it represents the independent judgment of the City and that it
was prepared in compliance with CEQA. Based upon these findings, the City Council
hereby adopts the Negative Declaration in accordance with the California Environmental
Quality Act.
Section 6. Paragraph B of Section 17.16.070 of Chapter 16 of Title 17 (Zoning
Ordinance) of the Rolling Hills Municipal Code is amended to read:
"B. Maximum Disturbed Area. The natural conditions on a lot shall be
maintained to the greatest degree possible. Disturbance shall be limited to
forty percent of the net lot area. For purposes of this paragraph, "disturbance"
shall include any remedial grading (temporary disturbance), any graded slopes
and building pad areas, any nongraded area where impervious surfaces exist
and any planned landscaped areas."
PASSED AND ADOPTED ON THE 14t AUGUST, 1995.
GOD R Y PERN , D.D.S.
MAYOR
ATTEST:
MARILYN KERN
DEPUTY CITY CLERK
Ordinance No. 254 -1-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 254 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ESTABLISHING REVISED STANDARDS FOR MAXIMUM
DISTURBED AREA AND AMENDING TITLE 17 OF THE
ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on August 14, 1995 by
the following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem A'Murdoc;c
and Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN L`. KERN
DEPUTY CITY CLERK
1
1
Ordinance No. 254 -2-
ORDINANCE NO. 255-U
AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING JOINT
POWER TRANSIT AUTHORITY LIMITED USES AS A CONDITIONALLY
PERMITTED USE IN THE RA -S-2 ZONE, AND AMENDING TITLE 17 OF
THE ROLLING HILLS MUNICIPAL CODE, AND DECLARING THE
URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. On August 7, 1995, applications were duly filed by the Palos Verdes
Peninsula Unified School District with respect to real property at the ±31.14 acre western
portion of Lot 72-RH, and currently, 38 Crest Road West, Rolling Hills, requesting (1) to
amend the Rolling Hills Zoning Ordinance to allow joint powers transit authority uses as
a conditionally permitted use in the RA -S-2 Zone; and (2) a Conditional Use Permit to
allow portions of school district property used as a maintenance and warehouse facility at
the Palos Verdes Peninsula Unified School District property to be used by a joint powers
transit authority for administrative uses and the storage parking only of 10 vans at the
Palos Verdes Peninsula Unified School District Crest Road property at 38 Crest Road West,
Rolling Hills, CA (±31.14 acre western portion of Lot 74 -MS).
Section 2. On February 26, 1963, a Conditional Use Permit was approved by the
Planning Commission for the following five structures to be constructed at the Palos
Verdes Peninsula Unified School District site: (1) administration building, (2) education
material and library facility building, (3) warehouse building, (4) district maintenance
building, and (5) an elementary school building. The Conditional Use Permit expired on
February 26, 1964 and no new buildings were constructed.
Section 3. On, June 5, 1964 a Conditional Use Permit was denied by the Planning
Commission to permit the construction of an (1) administration building, (2) elementary
school building, and (3) district maintenance building. The Planning Commission found
that the construction and location of the proposed administration building, maintenance
building and garage would establish and permit a commercial use of the property that
would consist of a garage for the storage of approximately thirty-seven (37) diesel school
buses, a facility for repairing, maintaining and servicing the buses, a warehouse for the
storage of school supplies and a repair/workshop for the repair and maintenance of school
property, all of which uses will create noise, dirt and confusion from 6 AM in the morning
until approximately 5 PM in the afternoon each day the facilities are in operation, and
these uses would constitute a nuisance and depreciate the value of all property adjoining
the school property and interfere with the enjoyment of the residential use of the adjacent
properties by the residents and owners.
Section 4. Applications were made for the subject uses by the Palos Verdes
Peninsula Unified School District on August 7, 1995. On August 17, 1995, Planning staff
prepared an initial study for the project. The initial study found that the project would not
have a significant effect on the environment. A Negative Declaration was prepared and
was circulated to the applicant and other interested parties in accordance with State of
California CEQA Guidelines. The public notice of the Planning Commission's intent to
recommend approval of the Negative Declaration was published on August 31, 1995.
Copies of the Negative Declaration were sent to adjacent cities and other government
agencies. No comments on the Negative Declaration were received.
Section 5. The project as proposed is to permit portions of school district property
used as a maintenance and warehouse facility to be used by a joint powers transit authority
for administrative uses and the storage parking only of 10 vans at the site. The site will
continue to be used for the storage and maintenance of school district vehicles and
equipment. The school district proposes to permit a joint powers transit authority to use
500 square feet of the northernmost portion of a 7,600 square foot warehouse for
administrative uses and 2,500 square feet of an existing asphalt paved area of school district
property for the storage parking only of 10 vans.
Section 6. On September 19, 1995 and October 17, 1995, the Planning Commission
held a public hearing regarding the proposed ordinance regarding public transportation
limited uses by a joint powers transit authority on school district property. The
ORDINANCE NO. 255-U -1-
Commission adopted Resolution No. 95-15, recommending modification of Paragraph B of
Section 17.16.040 of the Zoning Ordinance.
Section 7. On October 23, 1995, the City Council held a public hearing regarding
the proposed ordinance regarding public transportation limited uses by a joint powers
transit authority on school district property. Palos Verdes Peninsula Unified School
District representatives were in attendance at the hearing.
Section 8. The City Council has reviewed the proposed Negative Declaration and
finds that it represents the independent judgment of the City and that it was prepared in
compliance with CEQA. Therefore, the City Council finds that the proposed project could
not have a significant effect on the environment. Based upon these findings, the City
Council hereby adopts the Negative Declaration in accordance with the California
Environmental Quality Act.
Section 9. With respect to the request to amend the Rolling Hills Zoning
Ordinance to include a joint powers transit authority under Section 17.16.040(B)
Conditional Use Permit as Primary Use, the City Council finds:
A. The proposed project is consistent with the General Plan goals and policies to
maintain Rolling Hills' distinctive rural residential character (Land Use Element, p. 15.),
to maintain the rural character of Rolling Hills' road system (Circulation Element, p. 13.)
and to maintain the private status of the streets within the City boundaries (Circulation
Element, p. 13) because there will not be any development on the site and access shall
continue from outside the gates of the City.
B. The proposed use will fulfill a public necessity in the use of portions of school
district property used as a maintenance and warehouse facility to be used by a joint powers
transit authority for administrative uses and the storage parking only of 10 vans at the site
for Peninsula students and residents. The proposed use will conserve public costs related
to van storage, van fuel, van use and driver commuting distances.
C. The proposed use will be convenient in that portions of school district
property used by the joint powers transit authority for administrative uses and the storage
parking only of 10 vans at the site will be accessed from outside of the gates of the City.
The transit vans will be stored at the school district property during the time they are not
in use which will decrease road traffic on the Peninsula, reduce fuel consumption and
preserve air quality.
D. The proposed use will benefit the health, safety and general welfare of the
citizens of the City of Rolling Hills, as well as the citizens of the Palos Verdes Peninsula, in
that portions of school district property used by the joint powers transit authority for
administrative uses and the storage parking only of 10 vans at the site will not use Rolling
Hills' roads, traffic will be decreased on the Palos Verdes Peninsula, fuel consumption will
be reduced on the Peninsula, and the air quality of the Peninsula will be preserved.
Section 10. Based upon the findings contained in Sections 8 and 9 of this
ordinance, Paragraph B of Section 17.16.040 of Chapter 16 of Title 17 (Zoning Ordinance) of
the Rolling Hills Municipal Code is amended to read:
"B. Conditional Use As Primary Use. The following conditional uses may be
permitted as a primary use on a lot:
1. Elementary school offering State -mandated curriculum;
2. Fire station;
3. Gate house;
4. Park and/or playground;
5. Public transportation limited uses by a joint powers transit authority
on school district property which is developed as a school maintenance
facility in the RA -S-2 Zone;
6. Public utility building or structure, including a reservoir or tank,
necessary for the provision of essential utility services to permitted
uses in the City, but excluding wires, pipelines or poles;
7. Temporary manufactured home."
Section 11. This ordinance is an urgency ordinance which is necessary for the
immediate preservation of public health, safety and welfare and shall take effect
immediately. The Palos Verdes Peninsula Transit Authority is experiencing a budgetary
ORDINANCE NO. 255-U -2-
shortfall requiring the immediate reduction in costs or services. The Authority's use of
this site has been found by the City and the Authority to be the only site reasonably
available which could be used for the storage of transit vans without incurring substantial
costs. The Authority's use of the site will allow the Authority to reduce personnel time,
fuel costs, fuel consumption and provide more efficient service to area residents. In the
absence of these savings, the Authority will be required to immediately begin to curtail
services, which could have significant adverse impacts to the general welfare of the
community. For these reasons, this ordinance is an urgency ordinance and shall take effect
immediately.
PASSED AND ADOPTED ON THE 23RD DAY OF OCTOBER, 1995.
E1146i �L, D.D.S.
MAYOR
ATTEST:
MARILYN KERN
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 255-U entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING JOINT
POWER TRANSIT AUTHORITY LIMITED USES AS A CONDITIONALLY
PERMITTED USE IN THE RA -S-2 ZONE, AND AMENDING TITLE 17 OF
THE ROLLING HILLS MUNICIPAL CODE, AND DECLARING THE
URGENCY THEREOF.
was approved and adopted at a regular meeting of the City Council on October 23, 1995, by
the following roll call vote:
AYES: Councilrzembers Heinsheimer, bill, Lay, Mayor Pro Tem Murdock
and Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: Hone.
and in compliance with the laws of California was posted at the following:
Administrative Offices
k �.,,�
DEPUTY CI CLERK
ORDINANCE NO. 255-U -3-
ORDINANCE NO. 256
AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING JOINT
POWER TRANSIT AUTHORITY LIMITED USES AS A CONDITIONALLY
PERMITTED USE IN THE RA -S-2 ZONE, AND AMENDING TITLE 17 OF
THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. On August 7, 1995, applications were duly filed by the Palos Verdes
Peninsula Unified School District with respect to real property at the ±31.14 acre western
portion of Lot 72-RH, and currently, 38 Crest Road West, Rolling Hills, requesting (1) to
amend the Rolling Hills Zoning Ordinance to allow joint powers transit authority uses as
a conditionally permitted use in the RA -S-2 Zone; and (2) a Conditional Use Permit to
allow portions of school district property used as a maintenance and warehouse facility at
the Palos Verdes Peninsula Unified School District property to be used by a joint powers
transit authority for administrative uses and the storage parking only of 10 vans at the
Palos Verdes Peninsula Unified School District Crest Road property at 38 Crest Road West,
Rolling Hills, CA (±31.14 acre western portion of Lot 74 -MS).
Section 2. On February 26, 1963, a Conditional Use Permit was approved by the
Planning Commission for the following five structures to be constructed at the Palos
Verdes Peninsula Unified School District site: (1) administration building, (2) education
material and library facility building, (3) warehouse building, (4) district maintenance
building, and (5) an elementary school building. The Conditional Use Permit expired on
February 26, 1964 and no new buildings were constructed.
Section 3. On, June 5, 1964 a Conditional Use Permit was denied by the Planning
Commission to permit the construction of an (1) administration building, (2) elementary
school building, and (3) district maintenance building. The Planning Commission found
that the construction and location of the proposed administration building, maintenance
building and garage would establish and permit a commercial use of the property that
would consist of a garage for the storage of approximately thirty-seven (37) diesel school
buses, a facility for repairing, maintaining and servicing the buses, a warehouse for the
storage of school supplies and a repair/workshop for the repair and maintenance of school
property, all of which uses will create noise, dirt and confusion from 6 AM in the morning
until approximately 5 PM in the afternoon each day the facilities are in operation, and
these uses would constitute a nuisance and depreciate the value of all property adjoining
the school property and interfere with the enjoyment of the residential use of the adjacent
properties by the residents and owners.
Section 4. Applications were made for the subject uses by the Palos Verdes
Peninsula Unified School District on August 7, 1995. On August 17, 1995, Planning staff
prepared an initial study for the project. The initial study found that the project would not
have a significant effect on the environment. A Negative Declaration was prepared and
was circulated to the applicant and other interested parties in accordance with State of
California CEQA Guidelines. The public notice of the Planning Commission's intent to
recommend approval of the Negative Declaration was published on August 31, 1995.
Copies of the Negative Declaration were sent to adjacent cities and other government
agencies. No comments on the Negative Declaration were received.
Section 5. The project as proposed is to permit portions of school district property
used as a maintenance and warehouse facility to be used by a joint powers transit authority
for administrative uses and the storage parking only of 10 vans at the site. The site will
continue to be used for the storage and maintenance of school district vehicles and
equipment. The school district proposes to permit a joint powers transit authority to use
500 square feet of the northernmost portion of a 7,600 square foot warehouse for
administrative uses and 2,500 square feet of an existing asphalt paved area of school district
property for the storage parking only of 10 vans.
Section 6. On September 19, 1995 and October 17, 1995, the Planning Commission
held a public hearing regarding the proposed ordinance regarding public transportation
limited uses by a joint powers transit authority on school district property. The
Ordinance No. 256 -1-
Commission adopted Resolution No. 95-15, recommending modification of Paragraph B of
Section 17.16.040 of the Zoning Ordinance.
Section 7. On October 23, 1995 and November 13, 1995, the City Council held a
public hearing regarding the proposed ordinance regarding public transportation limited
uses by a joint powers transit authority on school district property. Palos Verdes Peninsula
Unified School District representatives were in attendance at the hearing.
Section 8. The City Council has reviewed the proposed Negative Declaration and
finds that it represents the independent judgment of the City and that it was prepared in
compliance with CEQA. Therefore, the City Council finds that the proposed project could
not have a significant effect on the environment. Based upon these findings, the City
Council hereby adopts the Negative Declaration in accordance with the California
Environmental Quality Act.
Section 9. With respect to the request to amend the Rolling Hills Zoning
Ordinance to include a joint powers transit authority under Section 17.16.040(B)
Conditional Use Permit as Primary Use, the City Council finds:
A. The proposed project is consistent with the General Plan goals and policies to
maintain Rolling Hills' distinctive rural residential character (Land Use Element, p. 15.),
to maintain the rural character of Rolling Hills' road system (Circulation Element, p. 13.)
and to maintain the private status of the streets within the City boundaries (Circulation
Element, p. 13) because there will not be any development on the site and access shall
continue from outside the gates of the City.
B. The proposed use will fulfill a public necessity in the use of portions of school
district property used as a maintenance and warehouse facility to be used by a joint powers
transit authority for administrative uses and the storage parking only of 10 vans at the site
for Peninsula students and residents. The proposed use will conserve public costs related
to van storage, van fuel, van use and driver commuting distances.
C. The proposed use will be convenient in that portions of school district
property used by the joint powers transit authority for administrative uses and the storage
parking only of 10 vans at the site will be accessed from outside of the gates of the City.
The transit vans will be stored at the school district property during the time they are not
in use which will decrease road traffic on the Peninsula, reduce fuel consumption and
preserve air quality.
D. The proposed use will benefit the health, safety and general welfare of the
citizens of the City of Rolling Hills, as well as the citizens of the Palos Verdes Peninsula, in
that portions of school district property used by the joint powers transit authority for
administrative uses and the storage parking only of 10 vans at the site will not use Rolling
Hills' roads, traffic will be decreased on the Palos Verdes Peninsula, fuel consumption will
be reduced on the Peninsula, and the air quality of the Peninsula will be preserved.
Section 10. Based upon the findings contained in Sections 8 and 9 of this
ordinance, Paragraph B of Section 17.16.040 of Chapter 16 of Title 17 (Zoning Ordinance) of
the Rolling Hills Municipal Code is amended to read:
B. Conditional Use As Primary Use. The following conditional uses may be
permitted as a primary use on a lot:
1. Elementary school offering State -mandated curriculum;
2. Fire station;
3. Gate house;
4. Park and/or playground;
5. Public transportation limited uses by a joint powers transit authority
on school district property which is developed as a school maintenance
facility in the RA -S-2 Zone;
6. Public utility building or structure, including a reservoir or tank,
necessary for the provision of essential utility services to permitted
uses in the City, but excluding wires, pipelines or poles;
7. Temporary manufactured home."
Ordinance No. 256 -2-
1
PASSED AND ADOPTED ON THE 1
N��%"
MAYOR
ATTEST:
M KETZN
f - .k
MARILYN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 256 entitled:
OF NOVEMBER, 1995.
AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING JOINT
POWER TRANSIT AUTHORITY LIMITED USES AS A CONDITIONALLY
PERMITTED USE IN THE RA -S-2 ZONE, AND AMENDING TITLE 17 OF
THE ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on November 13, 1995,
by the following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Lay, Mavor Pro mem Murdock
and Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: hone.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN I -Y KERN
DEPUTY CITY CLERK
Ordinance No. 256 -3-
ORDINANCE NO. 257 U
AN ORDINANCE OF THE CITY OF ROLLING HILLS
ADOPTING BY REFERENCE THE UNIFORM BUILDING
CODE, 1994 EDITION AND APPENDICES THERETO;
THE NATIONAL ELECTRICAL CODE, 1993 EDITION
AND APPENDICES THERETO; THE UNIFORM PLUMBING
CODE, 1994 EDITION AND APPENDICES THERETO;
THE UNIFORM MECHANICAL CODE, 1994 EDITION AND
APPENDICES THERETO; THE UNIFORM FIRE CODE,
1994 EDITION AND APPENDICES THERETO; MAKING
AMENDMENTS TO SAID CODES; AMENDING THE
ROLLING HILLS MUNICIPAL CODE AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 15.04 of Title 15 of the Rolling
Hills Municipal Code is hereby amended to read as follows:
"Chaoter 15.04
BUILDING CODE
15.04.010 Adoption of Buildinq Code by Reference.
A. Except as hereinafter provided, Chapters 2 through 35,
excluding Chapter 11, of that certain building code known and
designated as the "Uniform Building Code, 1994 Edition" prepared
by the International Conference of Building Officials and
including Chapters 3 -Division II, 4 -Divisions II and III, 9, 16,
and 31 -Divisions II and III, of the appendix to said Uniform
Building Code, are incorporated herein by reference as if fully
set forth below, and shall be known as the Building Code of the
City of Rolling Hills.
B. The Building Code of the City of Rolling Hills is
hereby amended to conform to Exhibits A, B and C of Ordinance
257U.
C. The provisions of Exhibits A, B and C applying to
dwellings or other uses classified by Exhibits A, B and C as a
Group R Occupancy, and including Chapters 1, 2, 98 and 99, are
and may be cited as the "Housing Code."
D. All inconsistencies between the Building Code of the
City of Rolling Hills as adopted by this ordinance and Part 2,
Title 24 of the California Code of Regulations are changes,
modifications, amendments, additions or deletions thereto
authorized by California Health and Safety Code Sections 17858
and 17858.7. In the event of any conflict between (i) a
provision of the Uniform Building Code, 1994 Edition (ii) a
951122 R6980-00001 sas 1682190 2
I
provision of Exhibit A, B, or C to Ordinance 257U, or (iii) any
amendment to the Building Code of the City of Rolling Hills
contained in the Rolling Hills Municipal Code, the provision
contained in the latter listed document shall control.
E. A copy of the Uniform Building Code, 1994 Edition,
together with a copy of Exhibits A, B and C to Ordinance 257U
have been deposited in the office of the City Clerk of the City
of Rolling Hills and shall be at all times maintained by the City
Clerk for use and examination by the public.
15.04.020 Short title. This chapter shall be known as the
"Building Code of the City of Rolling Hills" and will be referred
to herein as "this code." The provisions of the Building Code
applying to dwellings or other uses classified by the Building
Code as a Group R-1 Occupancy and including Chapters 1, 2, 3, 4,
and 98 and 99 shall constitute and may be cited as the "housing
code."
15.04.030 Section 105 amended. Section 105 of the Building
Code is amended to add a new subsection 105.5 to read:
11105.5 Review Hearing. The City Council of the City
of Rolling Hills may conduct a public hearing to review
any decision or order of the Board of Appeals upon the
affirmative vote of three members of the City Council
within thirty (30) calendar days of the decision or
order. The City Council may, upon conclusion of a
public hearing, sustain or reverse in whole or in part
any action or order of the Board of Appeals. Notice of
the City Council public hearing shall be given by the
City Clerk not less than ten (10) days prior to the
hearing by first class mall to all property owners
within 1,000 feet of the exterior boundaries of the
subject property and all owners of record at the time
of mailing said notice.
15.04.040 Sections 201-217 amended. Sections 201 through
217 of the Building Code are amended to revise or add the
definitions of certain words or terms to read:
"Section 201.1: Definitions. Whenever any of the names or
terms defined in this section are used in this code, each such
name or term shall be deemed and construed to have the meaning
ascribed to it in this section."
'Board of Appeals' shall mean the Board of Appeals
established by Section 105 of said Los Angeles County Building
Code.
'Building Department' shall mean the Building and
Safety/Land Development Division of the Department of Public
Works.
951122 R6980-00001 sas 1682190 2 — 2 —
i
1
'Building Official' shall mean the Director of Public Works
or his or her designated representative.
'City' shall means the City of Rolling Hills, except in
Section 103 of said Building Code.
'Fire Zone' shall mean the fire zone adopted by an ordinance
creating and establishing fire zones or where no such fire zones
have been adopted by the City of Rolling Hills, shall be
considered to be in Fire Zone No. 3.
'General Fund' shall mean the City Treasury of the City of
Rolling Hills.
'Health Code' or 'Los Angeles County Health Code' shall mean
Chapter 8.04 of this code.
'Health Officer' shall mean the Health Officer of the City
of Rolling Hills.
'Mechanical Code' shall mean Chapter 15.12 of this code.
'Plumbing Code' shall mean Chapter 15.08 of this code.
15.04.050• Notwithstanding the provisions of
Section 15.04.010, the Building Code is amended by•increasing the
amount of each and every fee set forth in Table 1-A, to a sum set
by resolution of the City Council, including a park and
recreation fee.
15.04.060 Section 307 deleted,. The Building Code is
amended by deleting Section 307.
15.04.070 Section 203 amended. Section 203 regarding the
definition of basement of the Building Code is amended to read:
"BASEMENT is any floor level below the first story in a
building, except that a floor level in a building having only one
floor level shall be classified as a basement unless such floor
level qualifies as a first story as defined herein. A basement
is further restricted to the specifications contained in the
definition of a story herein."
15.04.080 Section 220 amended.. Section 220 regarding the
definition of a story of the Building Code is amended to read:
951122 R6980-00001 sas 1682190 2 — 3 —
'County,' 'County
of Los Angeles' or 'unincorporated
territory of the
County
of Los Angeles' shall mean the City of
Rolling Hills.
'Electrical
Code'
shall mean Chapter 15.16 of this code.
'Fire Code'
shall
mean Chapter 15.20 of this code.
'Fire Zone' shall mean the fire zone adopted by an ordinance
creating and establishing fire zones or where no such fire zones
have been adopted by the City of Rolling Hills, shall be
considered to be in Fire Zone No. 3.
'General Fund' shall mean the City Treasury of the City of
Rolling Hills.
'Health Code' or 'Los Angeles County Health Code' shall mean
Chapter 8.04 of this code.
'Health Officer' shall mean the Health Officer of the City
of Rolling Hills.
'Mechanical Code' shall mean Chapter 15.12 of this code.
'Plumbing Code' shall mean Chapter 15.08 of this code.
15.04.050• Notwithstanding the provisions of
Section 15.04.010, the Building Code is amended by•increasing the
amount of each and every fee set forth in Table 1-A, to a sum set
by resolution of the City Council, including a park and
recreation fee.
15.04.060 Section 307 deleted,. The Building Code is
amended by deleting Section 307.
15.04.070 Section 203 amended. Section 203 regarding the
definition of basement of the Building Code is amended to read:
"BASEMENT is any floor level below the first story in a
building, except that a floor level in a building having only one
floor level shall be classified as a basement unless such floor
level qualifies as a first story as defined herein. A basement
is further restricted to the specifications contained in the
definition of a story herein."
15.04.080 Section 220 amended.. Section 220 regarding the
definition of a story of the Building Code is amended to read:
951122 R6980-00001 sas 1682190 2 — 3 —
"STORY is that portion of a building included between the
upper surface of any floor and the upper surface of the floor
next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost
floor and the ceiling or roof above. There shall be no habitable
space, including garages and storage rooms, on top of another,
except over basements. A basement is not to exceed a height of
five (51) feet above finished grade at any point immediately
adjacent to the basement exterior, and it shall have no greater
than an average 2 1/2 foot exterior height across the entire
structure. Basements may have one standard door opening not to
exceed 3' x 618" for ingress/egress to the exterior, to be
accessed by an areaway not to exceed four (41) feet in width and
which shall be incorporated into the overall design of the
building but shall not have any other exterior openings, sun
lights or similar devices."
15.04.090 Section 9906 amended. Section 9906 of the
Building Code is amended to read:
"Section 9906: Building Rehabilitation Appeals Board. In
order to hear appeals provided for in Chapter 98 and in this
Chapter, there shall be and is hereby created a Building
Rehabilitation Appeals Board. In the City of Rolling Hills the
City Council shall serve as the Building Rehabilitation Appeals
Board and the City Manager shall give notice of substandard
property and buildings, consulting with the City Engineer as
deemed necessary."
15.04.100 Section 1503 amended. Notwithstanding the
provisions of Section 15.04.010, Section 1503 of the Building
Code is amended to read:
Section 1503: Roof Covering Requirements. Roof
covering for all buildings shall be Class A (having
satisfied the fifteen -year weathering test and
certified as such by Underwriting Laboratories or an
equivalent recognized testing agency), except that any
new addition or reroofing of structures may match
existing roof coverings if not exceeding 200 square
feet. Roof coverings shall be securely fastened in an
approved manner to the supporting roof construction and
shall provide weather protection for the building roof.
15.04.110 Section 3403 amended. Section 3403 of the
Building Code is amended to add a new subsection 3403.6 to read:
113403.6 Roof Repairs. Not more that 200 square feet
of the roof covering of any building or structure shall
be replaced in any 12 month period unless the roof
covering is made to conform to the requirements of this
Code for new buildings or structures."
951122 R6980-00001 sas 1682190 2 — 4 —
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15.04.120 Section 3306.1 amended. Section 3306.1 of the
Building Code is amended to read:
"Section 3306.1: A person shall not perform any
grading without first obtaining a grading permit to do
so from the Building Official. A separate permit shall
be obtained for each site.
EXCEPTIONS: A grading permit shall not be
required for:
(8) An excavation and/or fill or a combination
thereof which is less than three feet in depth below
the existing ground surface, provided that said exca-
vation and/or fill or combination thereof which is less
than three feet in depth does not cover more than 2,000
square feet of existing ground surface."
15.04.130 Section 7015.1 amended.. Section 7015.1 of
Building Code, entitled "MAXIMUM SLOPE," is amended to read:
"Section 7015.1. MAXIMUM SLOPE. Cuts shall not be steeper
in slope than two horizontal to one vertical, or exceed a
vertical height of thirty (301) feet, unless the owner receives a
variance for a steeper or higher vertical height slope from the
Planning Commission of the City of Rolling Hills, pursuant to the
provisions of Title 17 of the Municipal Code of the City. In
applying for a variance to the provisions of this paragraph, the
owner shall submit soil test data and engineering calculations
and shall provide in writing any specific safety and/or stability
problems that presently exist on the property, or may exist if
the requested variance is granted and the proposed grading plans
are approved."
15.04.140 Section 7015.3 added. Section 7015 of the
Building Code, entitled "Excavations," is amended to add
subsection 7015.3 to read:
"Section 7015.3. DRIVEWAYS. Driveways which provide access
from any lot or parcel of land to any of the private roads in the
City of Rolling Hills which are constructed and maintained by the
Rolling Hills Community Association shall be so constructed that
the first twenty feet of said driveway, measured from the edge of
the paved portion of said private road, shall not be steeper in
grade than seven (7%) percent."
15.04.150 Section 7015.4 amended. Section 7015 of the
Building Code, entitled "Excavations," is amended to add
subsection 7015.4 to read:
"7015.4 BALANCED CUT AND FILL RATIO.
1. No export or import of soil shall be permitted from or
to any lot in the City.
951122 R6980-00001 sas 1682190 2
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2. No grading plan for which a permit is required shall be
approved unless the amount of soil to be cut from the site equals
the amount of soil to be filled on the site.
3. The City Manager may grant an exception to the
requirements of parts 1 and 2 of this paragraph (d) to allow for
the import or export of soil not to exceed 500 cubic yards if he
or she finds, based upon written reports and other information
submitted, that all of the following conditions are present:
(a) construction of a structure on the lot or parcel has
commenced, (b) that the need to import or export the soil could
not have been foreseen prior to commencement of construction, and
(c) that either the structure cannot be completed without the
requested import or export of soil or that an emergency condition
exists due to the threat of land subsidence or other imminent
danger."
15.04.160 Subsection 7016.3 amended. Subsection 7016.3 of
Section 7016 of the Building Code, entitled "Fill Slope," is
amended to read:
117016.3 FILL SLOPE. Fill slopes shall not exceed a
steepness of two horizontal to one vertical, or exceed a vertical
height of thirty (301) feet, unless the owner receives a variance
for a steeper or higher vertical height fill slope from the
Planning Commission of the City of Rolling Hills, pursuant to the
provisions of Title 17 of the Municipal Code of the City. In
applying for a variance to the provisions of this paragraph, the
owner shall submit soil test data and engineering calculations
and shall provide in writing any specific safety and/or stability
problems on the property that presently exist or may exist if the
requested variance is granted and the proposed grading plans are
approved."
15.04.170 Subsection 7016.9 added. Subsection 7016 of the
Building Code, entitled "Fills," is amended to add a new
subsection 7016.9 to read:
"7016.9 BALANCED CUT AND FILL RATIO.
1. No export of import of soil shall be permitted from or
to any lot in the City.
2. No grading plan for which a permit is required shall be
approved unless the amount of soil to be cut from the site equals
the amount of soil to be filled on the site.
3. The City Manager may grant an exception to the
requirements of parts 1 and 2 of this paragraph (d) to allow for
the import or export of soil not to exceed 500 cubic yards if he
or she finds, based upon written reports and other information
submitted, that all of the following conditions are present:
(a) construction of a structure on the lot or parcel has
commenced, (b) that the need to import or export the soil could
951122 R6980-00001 sas 1682190 2 — 6 —
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not have been foreseen prior to commencement of construction, and
(c) that either the structure cannot be completed without the
requested import of export of soil or that an emergency condition
exists due to the threat of land subsidence or other imminent
danger.
15.04.180 Violations and penalties.
A. It is unlawful for any person to erect, construct,
enlarge, alter, repair, move, improve, remove, convert, demolish,
equip, use, occupy or maintain any building or structure or per-
form any grading in the City of Rolling Hills, or cause the same
to be done, contrary to or in violation of any of the provisions
of the Building Code.
B. Penalty. Any person, firm or corporation violating any
of the provisions of the Building Code shall be deemed guilty of
a misdemeanor, and each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of any of the provisions of the Building Code
is committed, continued or permitted, and upon conviction of any
such violation such person shall be punishable by a fine of, not
more than one thousand dollars or by imprisonment in the County
Jail for a period of not more than six months, or by both such
fine and imprisonment.
Section 2. Chapter 15.08 of Title 15 of the Rolling
Hills Municipal Code is hereby amended to read as follows:
"Chapter 15.08
PLUMBING CODE
15.08.010 Adoption of Plumbinq Code by reference.
A. Except as hereinafter provided, Chapters 2 through 10,
12 and 14 and Appendices A, B, C, D, I and J of that certain
Plumbing Code known and designated as the "Uniform Plumbing Code,
1994 Edition," prepared by the International Association of
Plumbing and Mechanical Officials, are incorporated herein by
reference as if fully set forth below and shall be known as the
Plumbing Code of the City of Rolling Hills.
B. The Plumbing Code of the City of Rolling Hills is
hereby amended to conform to Exhibits D and E of Ordinance 257U.
C. All inconsistencies between the Plumbing Code of the
City of Rolling Hills as adopted by this ordinance and Part 5,
Title 24 of the California Code of Regulations are changes,
modifications, amendments, additions or deletions thereto
authorized by California Health and Safety Code Sections 17858
and 17858.7. In the event of any conflict between (i) a
provision of the Uniform Plumbing Code, 1994 Edition, (ii) a
provision of Exhibit D or E of Ordinance 257U, or (iii) any
951122 R6980-00001 sas 1682190 2 — 7 —
1
amendment to the Plumbing Code of the City of Rolling Hills
contained in the Rolling Hills Municipal Code, the provision
contained in the latter listed document shall control.
D. A copy of the Uniform Plumbing Code, 1994 Edition,
together with Exhibits D and E of Ordinance 257U have been
deposited in the office of the City Clerk of the City of Rolling
Hills and shall be at all times maintained by the Clerk for use
and examination by the public.
15.16.020 Short title. This chapter shall be known as "The
Plumbing Code of the City of Rolling Hills" and may be cited as
such.
15.08.030 Definitions. Whenever any of the following names
of terms are used in the Los Angeles County Plumbing Code, each
such name or term shall be deemed and construed to have the
meaning ascribed to it in this section, as follows:
A. "Administrative Authority," "Chief Plumbing Inspector"
or "Plumbing Inspector" means the County Engineer of the County
of Los Angeles, except in otherwise provided in Section 101.4 of
said plumbing code.
B. "Board of Examiners of Plumbers and Gas Fitters" or
"Board of Examiners" means the Board of Examiners of Plumbers and
Gas Fitters of the County of Los Angeles established by Section
105.3 of the Los Angeles County Plumbing Code.
C. "City" shall mean the City of Rolling Hills.
D. "County," "County of Los Angeles" or "unincorporated
territory of the County of Los Angeles" shall mean the City of
Rolling Hills.
E. "Gas fitting contractor," "journeyman gas fitter,"
"journeyman plumber" or "plumbing contractor" means a person
holding a valid certificate of registration issued by the County
as set forth in Section 105 of the Los Angeles County Plumbing
Code.
15.08.040 Amendments. Notwithstanding the provisions of
Sections 15.08.010 and 15.08.060, the Plumbing Code referred to
in said sections is amended as follows:
A. Section 202 of the Plumbing Code is amended to change
or add the definitions of the following terms to react as follows:
"Person - Person is an individual human being, a
firm, partnership or corporation, his or their heirs,
executors, administrators, assigns, officers or agents;
the County of Los Angeles, and any local agency as
defined in Section 53090 of the Government Code, or
951122 R6980-00001 sas 1682190 2 — 8 —
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officers thereof. Singular includes plural, male
includes female."
"Toilet Room - A room within or on the premises
containing water closets, urinals and other required
facilities."
"U.P.C. - U.P.C. is the 1994 Edition of the Uniform
Plumbing Code, including Appendices A, B, C, D, and I as
published by the International Association of Plumbing and
Mechanical Officials."
B. Subsection 301.2 of the U.P.C. is amended by adding
paragraph 301.2.7 to reads as follows:
11301.2.7 Provisions contained in this Code shall
not apply to one and two-family dwelling private sewage
disposal systems and minimum plumbing facilities when
alternate facilities or installations have been ap-
proved by the local health authority, provided that
such alternate facilities or installations provide
substantially equivalent protection to health and
safety."
C. Subsection 101.4.1.1.2 of the Plumbing Code is amended
to add a new second paragraph to read as follows:
"Existing building sewer and building drains may
be used in connection with plumbing alterations or
repairs if such sewers or drains have been properly
maintained in a good and safe condition, are working
properly and were installed in accordance with the
applicable laws in effect at the time of installation."
D. Subsection 103.5.1.2 of the Plumbing Code is amended to
read as follows:
11103.5.1.2 Scope. All new plumbing work, and
such portions of existing systems as may be affected by
new work or any changes shall be inspected by the
Administrative Authority to insure compliance with all
the requirements of this Code and to assure that the
installation and construction of the plumbing system is
in accordance with approved plans. Special
construction and inspection may be required on work
involving special hazards or conditions and on work
requiring extensive, unusual or constant inspection.
Special inspections, when necessary, shall be
accomplished by the means set forth in Title 28 of the
Los Angeles County Code, except that the Special
Inspector shall be a qualified person approved and
registered by, and reporting to, the Chief Plumbing
Inspector."
951122 R6980-00001 sas 1682190 2
E. Subsection 701.1.2 of the Plumbing Code is amended to
read as follows:
11701.1.2 ABS and PVC DMV piping installations
shall be limited to residential construction."
F. Subsection 903.1.2 of the Plumbing Code is amended to
read as follows:
11903.1.2 ABS and PVC DMV piping installation
shall be limited to residential construction."
G. Subsection 705.1.1 of the U.P.C. is amended by adding
the following sentence at the end of that subsection:
"All joints for liquid materials to be reamed to
full size and cleaned of all loose materials."
H. Section 316.2 of the U.P.C. is amended by adding
subsection 316.2.4 to read as follows:
11316.2.4 Dielectric unions shall be used at all
points of connection where there is a dissimilarity of
metals."
I. Section 407 of the U.P.C. is amended by adding
subsection 407.3 to read as follows:
11407.3 Rainwater piping located underground
within a building shall be of service weight cast iron
soil pipe, Type DMV copper tube, Schedule 40 ABS DMV,
Schedule 40 PVC DMV, extra strength vitrified clay
pipe, or other approved materials. ABS and PVC DMV
piping installations shall be limited to residential
structures not exceeding two (2) stories in height."
J. Graywater Systems. Notwithstanding the provisions of
Appendix J of the Uniform Plumbing Code, the provisions of
Appendix G of the California Plumbing Code, Title 25, Part 5 of
the California Code of Regulations, shall apply in the City, as
further amended below:
1. Section G -1(i) is added to read as follows:
(i) Where a graywater system is to be
installed as part of the construction of a new single
family dwelling or in connection with any remodeling of
a single family dwelling, an accessible three-way valve
and, where required, plumbing stub -out that allows
diversion of graywater from a clothes washer to either
a graywater system or a sewer may also be installed.
2. Section G -9(e) is amended by adding the following
sentence to the end of that subsection: "If the surge tank
951122 R6980-00001 sas 1682190 2 — 3.0 —
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1
is below the septic tank outlet, a pump to lift the
graywater up to the septic tank inlet and an overflow alarm
system may be installed in lieu of the drain and overflow
pipe required by this Section G -9(e)."
3. Section G-11 is amended to add subsection (a)(8)
to read as follows:
8. When drip irrigation lines are installed
on sloping ground, the lines shall be installed with
the contours of the slope, and stepped down the slope,
as required. The connection lines between each
horizontal leaching section shall be water tight.
4. Section G -11(b)(1) is amended to read as follows:
1. Perforated sections shall be a minimum 3 -
inch diameter or 1 1/2 inch diameter slotted effluent
pipe and shall be constructed of perforated high
density polyethylene pipe, perforated ABS pipe,
perforated PVC pipe, or other approved materials,
provided that sufficient openings are available for
distribution of the graywater into the trench area.
Material construction and perforation of the piping
shall be in compliance with the appropriate absorption
field drainage piping standards and shall be approved
by the Administrative Authority. Perforated flex pipe
with perforation on all sides is prohibited.
5. Section G -11(b)(2) is amended by adding the word
"round" between "stone," and "gravel" in the first sentence.
6. Section G-11 is amended to add subsection (b)(4)
to read as follows:
(4) When mini-leachfield lines are installed on
sloping ground, the lines shall be installed with the
contours of the slope, and stepped down the slope, as
required. The connection lines between each horizontal
leaching section shall be watertight.
7. Section G -12(a) is amended by adding the following
sentence at the end of that subsection:
"The Building Official may approve a demonstration
system upon determination that the system provides
substantially equivalent health and safety protection
to a system conforming to Appendix G. The Building
Official may impose reasonable and necessary conditions
on the approval of a demonstration system."
8. Section G-14 is added to read as follows:
"Section J-14 Landslide Areas.
951122 R6980-00001 sas 1682190 2
Notwithstanding the provisions of this Appendix G,
as amended, the Building Official may waive the
requirements of this Code where special conditions,
including, but not limited to, type of soils and lot
configuration, warrant such changes for homes located
in landslide areas. Such waivers are limited to the
requirements which are impractical or counter -indicated
given the particular circumstances of the lot."
9. Section G-15 is added to read as follows:
"Section G-15 Graywater Information Handbooks.
Informational handbooks, which may also include
implementing regulations, consistent with Appendix J of
the Rolling Hills Plumbing Code, as amended shall be at
all times available at the public counter."
K. Subsection I -4(c) of the Plumbing Code is deleted.
15.08.050 Amendments --Fees. Notwithstanding the provisions
of Section 15.08.010, the Plumbing Code is amended by increasing
the amount of each and every fee set forth in Section 104.3,
including Table 1-1 of said Plumbing Code, to a sum set by
resolution of the City Council.
15.08.060 Violations and penalty. Any person, firm or
corporation violating any provision of the Plumbing Code shall be
deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not to exceed one thousand dollars
or by imprisonment in the County Jail for a period not to exceed
six months, or by both such fine and imprisonment. Each separate
day or any portion thereof, during which any violation of the
Plumbing Code occurs or continues, shall be deemed to constitute
a separate offense and upon conviction thereof, shall be
punishable as herein provided.
Section 3. Chapter 15.12 of Title 15 of the Rolling
Hills Municipal Code is amended to read as follows:
"Chapter 15.12
MECHANICAL CODE
15.12.010 Adoption of Mechanical Code by reference.
A. Except as hereinafter provided, Chapters 2 through 9,
Chapter 11, Chapter 16 and Appendices A and C of that certain
Mechanical Code known and designated as the "Uniform Mechanical
Code, 1994 Edition," jointly prepared by the International
Conference of Building Officials and the International
Association of Plumbing and Mechanical Officials are hereby
adopted by reference and shall constitute and may be cited as the
Mechanical Code of the City of Rolling Hills.
951122 R6980-00001 sas 1682190 2 — 12 —
1
B. The Mechanical Code of the City*of Rolling Hills is
hereby amended to conform to Exhibits F and G of Ordinance 257U.
C. All inconsistencies between the Mechanical Code of the
City of Rolling Hills as adopted by this ordinance and Part 4,
Title 24 of the California Code of Regulations are changes,
modifications, amendments, additions or deletions thereto
authorized by California Health and Safety Code Sections 17858
and 17858.7. In the event of any conflict between (i) a
provision of the Uniform Mechanical Code, 1994 Edition, (ii) a
provision of Exhibit F or G of Ordinance 257U, or (iii) any
amendment to the Mechanical Code of the City of Rolling Hills
contained in the Rolling Hills Municipal Code, the provision
contained in the latter listed document shall control.
D. A copy of the Uniform Mechanical Code, 1994 Edition,
together with Exhibits F and G of Ordinance 257U have been
deposited in the office of the City Clerk of the City of Rolling
Hills and shall be at all times maintained by the Clerk for use
and examination by the public.
15.16.020 Short title. This chapter shall be known as "The
Mechanical Code of the City of Rolling Hills" and may be cited as
such.
15.12.030 Definitions. Whenever any of the following names
or terms are used in the Uniform Mechanical Code or the County of
Los Angeles Mechanical Code, each such name or term shall be
deemed and construed to have the meaning ascribed to it in this
section, as follows:
A. "Board of Appeals" means the Board of Examiners of
Plumbers provided for in Section 105.3 of the Los Angeles County
Plumbing Code.
B. "Building Department" means the Building and
Safety/land Development Division of the Department of Public
Works.
C. "Building Code," "Uniform Building Code" or "County of
Los Angeles Building Code" means Chapter 15.04 of this Code.
D. "Building Official" means the L.A. County Director of
Public Works or other designated authority charged with the
administration and enforcement of this Code, or the Building
Official's duly authorized representative.
E. "City" means the City of Rolling Hills.
F. "Electrical code" means Chapter 15.16 of this Code.
G. "Fire code" or "Los Angeles County Fire Code" means
Chapter 15.20 of this Code.
951122 R6980-00001 sas 1682190 2 — 13 —
1
H. "General fund" means the City treasury.
I. "Health Code" or "Los Angeles County Health Code" means
Chapter 8.04 of this Code.
J. "Mechanical Code" means the Mechanical Code of the
City.
K. "Plumbing code" means Chapter 15.08 of this code. (Ord.
158 §2, 1982).
15.12.040 Amendments. Notwithstanding the provisions of
Sections 15.12.010 and 15.12.040, the Mechanical Code referred to
in said sections is amended as follows:
A. Section 217 of the U.M.C. (Group R Occupancies) is
amended to read:
"Group R Occupancies:
Division 1. Hotels and apartments. Congregate
residences (each accommodating more than 10 persons).
Division 2. Not used.
Division 3. Dwelling and lodging houses, and large and
small day-care homes. Congregate residences (each
accommodating 10 persons or less)."
B. Section 223 of the U.M.C. is amended to read:
"'U.M.C.' is the 1994 Edition of the Uniform Mechanical
Code, including Appendices A and C, as jointly published by
the International Conference of Building Officials and the
International Association of Plumbing and Mechanical
Officials.
'U.M.C. STANDARDS' are the Uniform Mechanical Code
Standards included in Appendix A of the 1994 Edition of the
Uniform Mechanical Code."
C. Section 315 of the U.M.C. is amended by adding the
following subsection to read as follows:
118. Under openable windows on exterior walls."
15.12.050 Amendments --Fees. Notwithstanding the provisions
of Section 15.12.010, the Mechanical Code is amended by
increasing the amount of each and every fee set forth in
Section 115 of said Mechanical Code to a sum set by resolution of
the City Council.
15.12.060 Penaltv for violation.
951122 R6980-00001 sas 1682190 2
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A. It shall be unlawful for any person, firm or corporation
to erect, install, alter, repair, relocate, add to, replace, use
or maintain heating, ventilating,.comfort cooling, or refrig-
eration equipment in the jurisdiction, or cause the same to be
done, contrary to or in violation of any of the provisions of the
Mechanical Code. Maintenance of equipment which was unlawful at
the time it was installed, and which would be unlawful under said
Mechanical Code, shall constitute a continuing violation of said
Mechanical Code.
B. Any person, firm or corporation violating any of the
provisions of said Mechanical Code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of any of the provisions of said Mechanical
Code is committed, continued or permitted, and upon conviction of
any such violation, such person shall be punishable by a fine of
not more than one thousand dollars or by imprisonment in the
County Jail for a period of not more than six months, or by both
such fine and imprisonment."
Section 4. Chapter 15.16 of Title 15 of the Rolling
Hills Municipal Code is hereby amended to read as follows:
"Chanter 15.16
ELECTRICAL CODE
15.16.010 Adoption of Electrical Code by Reference.
A. Except as hereinafter provided, pages 70-1 through 70-
917 of that certain Electrical Code known and designated as the
National Electrical Code, 1993 Edition, prepared and sponsored by
the National Fire Protection Association, are incorporated herein
by reference as if fully set forth below, and shall constitute
and may be cited as the Electrical Code of the City of Rolling
Hills.
B. The Electrical Code of the City of Rolling Hills is
hereby amended to conform to Exhibit H of Ordinance 257U.
C. All inconsistencies between the Electrical Code of the
City of Rolling Hills as adopted by this ordinance and Part 3,
Title 24 of the California Code of Regulations are changes,
modifications, amendments, additions or deletions thereto
authorized by California Health and Safety Code Sections 17858
and 17858.7. In the event of any conflict between (i) a
provision of the National Electrical Code, 1993 Edition, (ii)
Exhibit H of Ordinance 257U, or (iii) any amendment to the
Electrical Code of the City of Rolling Hills contained in the
Rolling Hills Municipal Code, the provision contained in the
latter listed document shall control.
951122 R6980-00001 sas 1682190 2 — 15 —
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D. A copy of the National Electrical Code, 1993 Edition,
together with Exhibit H of Ordinance 257U have been deposited in
the office of the City Clerk of the City of Rolling Hills and
shall be at all times maintained by the Clerk for use and
examination by the public.
15.16.020 Short title. This chapter shall be known as "The
Electrical Code of the City of Rolling Hills" and may be cited as
such.
15.16.030 Definitions. Whenever any of the following names
or terms are used in said Los Angeles County Electrical Code,
each such name or term shall be deemed and construed to have the
meaning ascribed to it in this section.
A. "Chief Electrical Inspector" means the County Engineer
of the County of Los Angeles, except in Section 80-4 of the
Electrical Code.
B. "County," "County of Los Angeles" or "Unincorporated
areas of the County of Los Angeles" means the City of Rolling
Hills.
C. "Maintenance Electrician" means a person holding a
valid Certificate of Registration as Maintenance Electrician
issued by the County as set forth in Sections 82-4(b) and 82-4
(c) of said Los Angeles County Electrical Code.
D. "Special Inspector" means a person holding a valid
Certificate of Registration as Special Inspector issued by the
County as set forth in Section 82-14 (a) of said Los Angeles
County Electrical Code.
15.16.040 Amendments --Permits required. Notwithstanding
the provisions of Section 15.16.010, the Electrical Code is
amended by amending Section 82-1 thereof to read:
"Section 82-1. Permits Required. Except as
otherwise provided in Section 106.5.1 and 106.5.6 of
the Building Code, a person, whether acting as
principal, servant, agent or employee, shall not do or
cause or permit to be done any electrical work
regulated by this Code without first securing a permit
from the Chief Electrical Inspector authorizing him so
to do.
15.16.050 Amendments -- Permit fees. Notwithstanding the
provisions of Section 15.16.010, the Electrical Code is amended
by increasing the amount of each and every fee set forth in
Section 82-8(a) to a sum set by resolution of the City Council.
15.16.060 Section 83-1, Installation, amended. Sec-
tion 83-1 of the Electrical Code of the City of Rolling Hills is
subject to the following exceptions.
951122 R6980-00001 sas 1682190 2 — 16 —
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A. Overhead service shall not be installed except to
supply temporary service used for construction purposes only.
B. The wiring between the serving electrical power and
communications utilities systems and the premises served and the
wiring between separate buildings shall be installed underground.
C. Underground services may be installed in rigid,
nonmetallic conduit or armored cable approved for underground
installations and shall conform to Public Utilities Requirements
and Standards and as approved by the Chief Electrical Inspector.
15.16.070 Amendment --Fees. Notwithstanding the provisions
of Section 15.16.010, the Electrical Code is amended by
increasing the amount of each and every fee set forth in Section
82-8 to a sum set by resolution of the City Council.
15.16.060 Violations and penalties.
A. No person, firm or corporation shall violate any of the
provisions of the Electrical Code. Each person, firm or
corporation violating any of the provisions of the Electrical
Code shall be deemed guilty of a separate offense for each day or
portion thereof during which such violation is committed,
continued or permitted and shall be punishable by a fine of not
to exceed one thousand dollars or by imprisonment in the County
Jail for a period of not more than six months or by both such
fine and imprisonment.
B. In addition to the penalty set forth in subsection (A)
of this section any person who shall commence any electrical work
for which a permit is required without first having obtained a
permit therefor shall, if subsequently permitted to obtain a
permit, pay double the permit costs fixed by Section 82-8 of the
Electrical Code for such work. This provision (double fee) shall
not apply to emergency work when it shall be proved to the
satisfaction of the Chief Electrical Inspector that such work was
urgently necessary and that it was not practical to obtain a
permit therefor before the commencement of work. In all such
cases, a permit must be obtained as soon as it is practical to do
so, and if there be an unreasonable delay in obtaining such a
permit, a double permit fee as herein provided shall be charged.
Section 5. Chapter 15.20 of Title 15 of the Rolling
Hills Municipal Code is hereby amended to read as follows:
"CHAPTER 15.20
FIRE CODE
15.20.010 Adoption of Fire Code.
951122 R6980-00001 sas 1682190 2 — 17 —
A. Except as hereinafter provided, that certain Fire Code
known and designated as the "Uniform Fire Code, 1994 Edition",
prepared and published by the International Fire Code Institute,
the International Conference of Building Officials and the
Western Fire Chiefs Association, including Appendices I -C and V-A
and excluding all other appendices, is hereby adopted by
reference as though fully set forth herein, and shall constitute
the Fire Code of the City of Rolling Hills.
B. The Fire Code of the City of Rolling Hills is hereby
amended to conform to Exhibit I of Ordinance 257U.
C. All inconsistencies between the Fire Code of the City
of Rolling Hills as adopted by this ordinance and Part 9, Title
24 of the California Code of Regulations are changes,
modifications, amendments, additions or deletions thereto
authorized by California Health and Safety Code Sections 17858
and 17858.7. In the event of any conflict between (i) a
provision of the Uniform Fire Code, 1994 Edition, (ii) a
provision of Exhibit I to Ordinance 257U, or (iii) any amendment
to the Fire Code of the City of Rolling Hills contained in the
Rolling Hills Municipal Code, the provision contained in the
latter listed document shall control.
D. A copy of the Uniform Fire Code, 1994 Edition, together
with Exhibit I of Ordinance 257U have been deposited in the
office of the City Clerk of the City of Rolling Hills and shall
be at all times maintained by the Clerk for use and examination
by the public.
15.20.020 Short Title. This chapter shall be known as the
"Fire Code of the City of Rolling Hills" and may be cited as
such.
15.20.030 Permits. Any permit heretofore issued by the
County of Los Angeles pursuant to the Fire Code of said County,
for work within the territorial boundaries of the City of Rolling
Hills, shall remain in full force and effect according to its
terms.
15.20.040 Brush Clearance. Notwithstanding the provisions
of Section 15.20.020, Section 1117.2.2 is added to the Fire Code
to read:
"Clearances
Sec. 1117.2.2 Any owner of record of any land within the
City of Rolling Hills which contains growth which, in the opinion
of the Fire Chief, is then or may become dangerously flammable,
shall at all times on such person's own land, whether improved or
unimproved:
951122 R6980-00001 sas 1682190 2 — 18 —
1
1
1. Place or store firewood, manure, compost and other
combustible materials a minimum of thirty (30) feet from any
building or structure.
2. Maintain around and adjacent to each house, building or
structure, whether on such person's land or adjacent
thereto, an effective fire protection or firebreak made by
completely removing and clearing away, for a distance from
such house, building or structure, of not less than thirty
(30) lineal feet on each side thereof, growth which in the
opinion of the Fire Chief is then or may become flammable.
This includes ornamental plants and trees known to be
flammable, including but not limited to: Acacia, Cedar,
Cypress, Eucalyptus, Juniper, Pine and Pampas Grass.
EXCEPTIONS:
1. Ornamental plants and trees that are individually
planted, spaced and maintained in such a manner that
they do not form a means of transmitting fire from
native growth to any structure in the City.
2. Cultivated ground cover such as green grass, ivy,
succulents or similar Plants provided that they are
maintained in a condition that does not form a means of
transmitting fire from native growth to any structure
in the City.
3. Maintain around and adjacent to each house, building or
structure an additional fire protection or firebreak made by
removing all brush, flammable vegetation or combustible
growth located from thirty (30) feet to one hundred thirty
(130) feet from such house, building or structure. The
Chief may increase the one hundred thirty (130) foot
distance when it is found that because of extra hazardous
conditions a firebreak of only thirty (30) feet around such
structures is not sufficient to provide reasonable fire
safety, and that the additional one hundred (100) feet is
not reasonable fire protection, based on local circumstances
of the site. Grass and other vegetation located more than
thirty (30) feet from each house, building or structure and
less than six (6) inches in height above the ground may be
maintained where necessary to stabilize the soil and prevent
erosion.
4. Remove that portion of any tree which extends
within twenty (20) feet of the outlet of any chimney,
or additional distances as deemed in the best interest
of fire protection as specified by the Fire Chief.
5. Maintain any tree adjacent to or overhanging any.
building free of dead wood.
951122 R6980-00001 sas 1682190 2
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6. Maintain the roof of any structure free of leaves,
needles, or other dead vegetative growth."
15.20.050 Violations. A. Every person violating any
provision of the Fire Code or of any permit or license granted
hereunder, or any rule, regulation or policy promulgated pursuant
hereto, is guilty of a misdemeanor unless such violation is
otherwise declared to be an infraction by Section 15.20.070 of
this Chapter. Each such violation is a separate offense for each
and every day during any portion of which such violation is
committed.
B. Every violation determined to be an infraction hereunder
is punishable in such manner and to such extent as is provided by
Section 1.08.020.B of this Code.
C. For the purposes of this Section, a forfeiture of bail
shall be equivalent to a conviction.
15.20.060 Responsibility. Any person who personally or
through another willfully, negligently, or in violation of law
sets a fire, allows a fire to be set, or allows a fire kindled or
attended by such person to escape from his or her control, allows
any hazardous material to be handled, stored or transported in a
manner not in accordance with nationally recognized standards,
allows any hazardous material to escape from his or her control,
neglects to properly comply with any written notice of the Chief,
or willfully or negligently allows the continuation of a
violation of the Fire Code and amendments thereto is liable for
the expense of fighting the fire or for the expenses incurred
during a hazardous materials incident, and such expense shall be
a charge against that person. Such charge shall constitute a
debt of such person and is collectible by the public agency
incurring such expense in the same manner as in the case of an
obligation under a contract, expressed or implied.
15.20.070 List of Infractions. In accordance with Section
15.20.050 of this Chapter, the violation of the following
Sections or Subsections of the Fire Code shall be infractions:
Section
Offense
105
Failure to obtain permit
1001.6.2
Hydrant use approval
902.2.4.2
Trespassing on a closed road
902.2.4.1
Obstruction of fire protection equipment
902.2.4.1
Obstructing access roadway
901.4.4
Building numbering
1003
Fire extinguishers
1115.3
Fire prevention regulations - marina
1115.5
Portable fire protection equipment
1115.7
Access
1102.3
Open fires
1109.5
Discarding burning objects
951122 R6980-00001 sas 1682190 2
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1
L
1
1
1109.6
Hot ashes and other dangerous materials
1103.3
Combustible waste - Storage within
buildings
1105
Asphalt kettles.
1109.3.2.1
Sweating pipe
1115.3 (2)
Open flame device - Boat or marina
1117.2
'Clearance of brush - Structure
1117.2.3
Clearance of brush - Extra hazard
1118.17
Fire roads and firebreaks
1207.3
Door -locking devices
1207.6
Exit doors readily distinguishable
1210.3
Stairway - Storage under
1212.4
"Exit" sign illumination; maintenance of
1001.5.1
Failure to maintain alarm system
1001.5.2
Failure to notify Fire Department
2903.4.2
Waste oil storage
1109.4
"No smoking" sign
3005.2
Lumber yards - Weeds
3004.2
Lumber yards - Housekeeping
3213
Exit sign illumination
3219.2
Housekeeping - Vegetation
3219.3
Housekeeping - Flammable material
storage
3404
Access to area
4501.4
Smoking prohibited
4501.5
Welding warning signs
4502.3.3
Discarded filter Pads
4502.8.2
Portable fire protection equipment
4502.9
Operations and maintenance
4502.9.6
Combustible debris and metal waste cans
4503.7.1
Portable fire extinguisher
4503.8.5
Dip tank covers
4504.3.2
Signs - " Dangerous "
4504.4
Maintenance - Electrostatic apparatus
4505.6.1
Maintenance - Powder coating
4506.6
"No smoking" sign
4606.2
"No smoking" - Fruit ripening room
4607
Housekeeping - Fruit ripening room
5201.7
Safety rules
7401.5.1
Storage containers - Identification
7401.6
Storage and use of cylinders
7505.4
Cryogenic tank truck - Wheels chocked
7506.2
Cryogenic tank truck - Chock blocks
7607
General requirements (smoking)
7902.5.3
Empty containers
7904.3.2.1
Smoking
7904.6.4
No smoking
7904.4.6
"No smoking" sign
7904.4.8
Fire protection
7901.7.2
Housekeeping
7901.1.3.1
Smoking
1103
Waste combustibles
3601.6
Fire extinguisher - Dry cleaning plant
3601.7
No smoking - Dry cleaning plant
951122 R6980-00001 sas 1682190 2
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8003.1.2 Hazardous materials liquid signage
8003.1.17 Combustible materials - Clearance
8004.1.9 Hazardous materials liquid - Dispensing,
use and handling, signage
8004.3.5 Combustible materials - Clearance
8208 "No smoking" signs - LPG container
8209 Combustible material - Clearance from
LPG container
8506 Extension cords
Section 6 Findinas for Amendments.
A. The changes and modifications to the Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform
Electrical Code that have been enacted by this Ordinance are
merely a continuation of similar changes and modifications made
to earlier editions of such uniform codes, and all of such
changes and modifications, whether previously enacted or enacted
in this Ordinance, are reasonably necessary because of local
climate, characterized by hot, dry summers, followed by strong
Santa Ana winds and heavy winter rains, the location in Southern
California and the hilly terrain of the City characterized by
geologic instability.
B. The changes and modifications to the Uniform Fire Code
are a continuation of similar changes and modifications made to
earlier editions of such uniform code, and all of such changes
and modifications, whether previously enacted or enacted by this
Ordinance, are reasonably necessary for the health, safety, and
general welfare of the residents of the City due to the following
local climatic, geological and topographical conditions:
1. The local climate is characterized by hot, dry
summers, followed by strong Santa Ana winds, which are further
accentuated by the topographical features of hills and canyon
areas in and adjacent to the City, and heavy winter rains. These
climatic conditions make structures in the City particularly
vulnerable to rapidly spreading, wind -driven fires.
2. The City's zoning ordinances promote the
preservation of grasslands and canyon lands, and significant
expanses of grasslands exist in and adjacent to the City. Grass
fires are a frequent and natural part of Southern California's
ecosystem. Structures located near grasslands require additional
protection against ignition from flying embers.
Section 7 Numberina of Sections. The numbering of the
1994 editions of the Uniform Building Code and the Uniform
Plumbing Code has been completely revised from earlier editions.
All references to the Uniform Building Code in the Sections of
the Rolling Hills Municipal Code which are not amended by this or
a subsequently enacted ordinance shall refer instead to the
appropriate section or sections of the 1994 Uniform Building Code
as determined by the 1991/1994 Cross -Reference Directory to the
951122 R6980-00001 sas 1682190 2 — 22 —
I
1
1
Uniform Building Code published by the International Conference
of Building Officials. All references to the Plumbing Code in
sections of the Rolling Hills'Municipal Code which have not been
amended by this or a subsequently enacted ordinance shall refer
instead to the appropriate section or sections of the 1994
Plumbing Code as determined by the Format Comparison Chart
located at the beginning of the 1994 Plumbing Code.
Section 8 Continuation of Provisions. To the extent
the provisions of this Ordinance are substantially the same as
previous provisions of the Rolling Hills Municipal Code, these
provisions shall be construed as continuations of those
provisions and not as new enactments.
Section 9 Severability,. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this
Ordinance or any part hereof or exhibit hereto is for any reason
held to be invalid, such invalidity shall not affect the validity
of the remaining portions of this Ordinance or any part thereof
or exhibit thereto. The City Council of the City of Rolling
Hills hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or
phrases be declared invalid.
Section 10 Uraencv Findinas. State law requires that
localities adopt the Uniform Building Codes and any modifications
thereto, by December 28, 1995. It is essential that the City
have in effect on that date uniform building codes that comport
with state law and contain those modifications necessitated by
unique geographic, geologic and climatic conditions. In the
absence of immediate effectiveness, the provisions of the
Building Codes unique to the City's special circumstances will,
not be in place and this will have a detrimental effect on the
public, health, safety and welfare. The modifications to the
Uniform Building Codes contain vital provisions regarding
administrative procedures, roofing materials, sprinkling
requirements, and other similar matters necessitated by the
City's exposure to Santa Ana winds and hilly terrain
characterized by instability. For these reasons, the public
health, safety and welfare require that this ordinance take
effect immediately. This is an urgency ordinance.
Section 11 Effective Date of Ordinance. This
Ordinance shall be effective upon adoption and shall become
operative November 27, 1995.
PASSED, APPROVED and ADOPTED this day of
November , 1995.
Mayor
951122 R6980-00001 sas 1682190 2
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ATTEST:
I - Q '>,j
Deputy C ty Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 257-U entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY
REFERENCE THE UNIFORM BUILDING CODE, 1994 EDITION AND
APPENDICES THERETO; THE NATIONAL ELECTRICAL CODE, 1993
EDITION AND APPENDICES THERETO; THE UNIFORM PLUMBING
CODE, 1994 EDITION AND APPENDICES THERETO; THE UNIFORM
MECHANICAL CODE, 1994 EDITION AND APPENDICES THERETO;
THE UNIFORM FIRE CODE, 1994 EDITION AND APPENDICES
THERETO; MAKING AMENDMENTS TO SAID CODES; AMENDING
THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE
URGENCY THEREOF.
was approved and adopted at a regular meeting of the City Council on November 27,
1995, by the following roll call vote:
AYES: Councilmembers Heinsheimer, Hill, Lay, Mayor Pro Tem Murdock and
Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN L.K<ERN
DEPUTY CITY CLERK
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rj�
951122 R6980-00001 sas 1682190 2 — 25 —
1
LIST OF EXHIBITS
TO ORDINANCE 257U
EXHIBIT
LOS ANGELES COUNTY AMENDMENTS TO
A
Uniform
Building Code, 1994 Edition
B
Uniform
Building Code, 1994 Edition
C
D
Uniform
Uniform
Building Code, 1994 Edition
Plumbing Code, 1994 Edition
E
Uniform
Plumbing Code, 1994 Edition
F
Uniform
Mechanical Code, 1994 Edition
G
Uniform
Mechanical Code, 1994 Edition
H
National
Electrical Code, 1993 Edition
I
Uniform
Fire Code, 1994 Edition
951122 R6980-00001 sas 1682190 2 — 25 —
1
EXHIBIT "I"
AMENDMENTS, ADDITIONS AND DELETIONS TO
THE UNIFORM FIRE CODE, 1994 EDITION
The.uniform Fire Code, 1994 edition, is amended as follows:
Section 101.4 of the Uniform Fire Code is amended to read as
follows:
101.4 Supplemental Rules and Regulations. The chief is
authorized to make and enforce such rules and regulations for the
prevention and control of fires, fire hazards and hazardous
material incidents as necessary to carry out the intent of this
code. Three certified copies of such rules and regulations shall
be filed with the clerk of the jurisdiction and shall be in
effect immediately thereafter.
Section 101.6 of the Uniform Fire Code is amended to read as
follows:
101.6 Conflicting Provisions. Where there is a conflict between
a general requirement and a specific requirement, the specific
requirement shall be applicable.
Section 101.8 of the Uform Fire Code is arended to read as
follows:
101.8 References to Appendix. When this code references the
appendix, the provisions in the appendix shall not apply unless
specifically adopted. Appendix I -C and Appendix V-A have been
specifically adopted into the body of this code.
Section 101.10 is added to the Uniform Fire Code to read as
follows:
101.10 Purpose and Intent. The purpose of this code is to
provide minimum standards to safeguard the public's safety and
welfare. Consistent with this purpose, the provisions of this
code are intended and have always been intended to confer a
benefit on the community as a whole and are not intended to
establish a duty of care toward any particular person.
This code shall not be construed to hold the City, or any
fire protection district, or any officer, employee or agent
thereof responsible for any damage to persons or property by
reason of any inspection authorized herein or by reason of the
issuance or non -issuance of any permit authorized herein, and/or
for.any action or omission in connection with the application
and/or enforcement of this code. By adopting the provisions of
this code, the City, or any fire protection district, does not
intend to impose on itself, its employees or agents any mandatory
duties of care toward persons and property within its -
951201 R6980-00001 rdw 1101295 0 26
1
jurisdiction so as to provide a basis of civil liability for
damages.
This section is declaratory of existing law and is not to be
construed as suggesting that such was not the purpose and intent
of previous code adoptions.
Section 103.2.1.1 of the Uniform Fire Code is amended by revising
the first two sentences to read as follows:
103.2.1.1 General. 'The chief is authorized to administer and
enforce this code. Under the chief's direction, the fire
department is authorized to enforce all ordinances of the
jurisdiction and the laws of the state pertaining to:
Section 103.2.1.2 of the Uniform Fire Code is amended to read as
follows:
103.2.1.2. Fire personnel and police. The chief and his or her
designated representatives shall have the powers of a peace
officer in performing their duties under this code. The chief
and his or her designated representatives may issue citations for
violations of this code, of the regulations authorized by this
code and of the standards as set forth in Appendix V-A of this
code.
When requested to do so by the chief, the chief of police is
authorized to assign such available police officers as necessary
to assist the fire department in enforcing the provisions of this
code.
Section 103.2.2.2 of the Uniform Fire Code is amended to read as
follows:
103.2.2.2 Fire marshal. The administrative officer of the fire
prevention division shall be appointed by the chief of the fire
department from among the chief officers of the fire department.
The administrative officer shall have the title of Fire Marshal.
Other chief officers detailed to the fire prevention division
shall have the title of Fire Prevention Engineer.
Section 103.2.3 is added to the Uniform Fire Code to read as
follows:
103.2.3 Authority of other agencies.
103.2.3.1 United States Forest Service. The provisions of this
code may be enforced by any duly authorized officer or
representative of the United States Forest Service.
103.2.3.2 Agricultural Commissioner. The provisions of Article
11, Section 1117 of this code may be enforced by the Agricultural
Commissioner of the County of Los Angeles.
951201 R6980-00001 rdw 1101295 0 — 27
Section 103.3.1.1 of the Uniform Fire Code is amended to read as
follows:
103.3.1.1 Authority to inspect. The chief or his or her
designated representatives shall inspect, as often as necessary,
buildings and premises, including such other hazards or
appliances designated by the chief for the purpose of
ascertaining and causing to be corrected any conditions which
would reasonably tend to cause fire or contribute to its spread,
or any violation of the purpose or provisions of this code and of
any other law or standard affecting fire safety.
Section 103.3.5 is added to the Uniform Fire Code to read as
follows:
103.3.5 Plans and specifications.
103.3.5.1 Information on plans and specifications. Plans and
specifications shall be drawn to scale on substantial paper or
cloth and shall be of sufficient clarity to indicate the nature
and extent of the work proposed and show in detail that it will
conform to the provisions of this code and all relevant laws
ordinances, rules and regulations. The first sheet of each set
of plans shall give the house and street address of the work and
the name and address of the owner and persons who prepared them.
Plans shall include a plot plan showing the location of the
proposed building and of every existing building on the property.
103.3.5.2 Retention of plans. One set of approved plans,
specifications, and computations shall be retained by the fire
chief. Except as required by Section 19850 of the California
Health and Safety Code, the chief shall retain such set of the
approved plans, specifications, and computations for a period of
not less than 90 days from the date of completion of the work
covered therein. One set of approved plans, specifications and
computations shall be returned to the applicant, which set shall
be kept on such building or work site at all times during which
the work authorized thereby is in progress.
103.3.5.3 Expiration of plan approval. Plan approval for
building permits for which no permit is issued shall expire one
year after the date of approval. Plans, specifications and
computations previously submitted may thereafter be returned to
the applicant or destroyed by the chief. The chief may extend
the time for action by the applicant for a period of six months
beyond the one-year limit upon written request by the applicant
showing that circumstances beyond the control of the applicant
have prevented action from being taken. No plan approval shall
be extended more than once.
Once a plan approval and any extension thereof has expired,
the applicant shall resubmit plans, specifications and
computations. Plan approval for which a building permit has been
issued and thereafter expired according to the Building Code
951201 R6980-00001 rdw 1101295 0
1
shall be null and void. Plans, specifications and computations
shall be resubmitted for plan approval.
Section 103.4.4 of the Uniform Fire Code is amended to read as
follows:
103.4.4 Citations. Persons operating or maintaining an
occupancy, premises or vehicle subject to this code who fail to
take immediate action to abate a hazard on such occupancy,
premises or vehicle when ordered or notified to do so by the
chief shall be guilty of a misdemeanor.
Section 103.4.5 of the Uniform Fire Code is amended to read as
follows:
103.4.5 Unsafe buildings. Buildings or structures which are
structurally unsafe or not provided with adequate egress, or
which constitute a fire hazard or are otherwise dangerous to
human life, or which in relation to existing use constitute a
hazard to safety or health or public welfare, by reason of
inadequate maintenance, dilapidation, obsolescence, fire hazard,
hazardous material contamination, disaster damage or abandonment
as specified in this code or any other ordinance, are for the
purposes of Section 103.4.5, unsafe buildings. Such unsafe
buildings are hereby declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition or removal. A
report concerning any such unsafe building shall be made by the
chief to the building official for abatement of the unsafe
condition.
The first paragraph of Section 104.2 of the Uniform Fire Code is
amended"to read as follows:
104.2 Investigations. The fire department is authorized to
investigate promptly the cause, origin and circumstances of each
and every fire or hazardous materials incident occurring in the
jurisdiction involving loss of life or injury to person or
destruction or damage to property and, if it appears to the
bureau of investigation that such fire or hazardous materials
incident is of suspicious origin, they are authorized to take
immediate charge of all physical evidence relating to the cause
of the fire or hazardous materials incident and are authorized to
pursue the investigation to its conclusion, in cooperation with
the appropriate law enforcement agency if appropriate.
Section 105.2.1 of the Uniform Fire Code is amended to read as
follows:
105.2.1 General. A permit constitutes permission to maintain,
store, use or handle materials, or to conduct processes which
produce conditions which are or may be potentially hazardous to
life or property, or to install equipment used in connection with
such activities. Such permission shall not be construed as
authority to violate, cancel or set aside any of the provisions
951201 R69M00001 rdw 1101295 0 29
of this code. Such permit shall not take the place of any
license required by law.
Subsection 105.8 a.6. is added to the Uniform Fire Code to read
as follows:
a.6. Activities in hazardous fire areas. To conduct any of the
activities as described in Section 1118.2.
Subsection 105.8 b.2. is added to the,Uniform Fire Code to read
as follows:
b.2. Bonfires or rubbish fires. To kindle or maintain or
authorize the kindling or maintenance of bonfires or rubbish
fires. See Article 11.
Subsection 105.8 h.3. of the Uniform Fire Code is amended to read
as follows:
h.3. High -piled combustible storage. To use any building or
portion thereof as a high -piled storage area exceeding 500 square
feet (46.45 square meters) (see definition in Article 81). A
letter describing the type and amount.of material to be stored
and the method of storage, plus a floor plan showing the
dimension and location of the stock piles and aisles, shall be
submitted with applications for such permits. See Article 81.
Subsection 105.8 h.4. is added to the Uniform Fire Code to read
as follows:
h.4. Hot air balloon. To launch any hot air balloon which has
its lifting power provided by an open flame device.
Subsection 105.8 r.4. is added to the Uniform Fire Code to read
as follows:
r.4. Rifle range. To establish, maintain or operate a rifle
range.
Section 202 of the Uniform Fire Code is amended by revising the
following definition to read as follows:
ADMINISTRATOR is the chief administrative officer of the City or
the chief administrative officer of the County of Los Angeles.
Section 203 of the Uniform Fire Code is amended by adding and
revising the following definitions to read as follows:
BUFFER ZONE is any location within 1000 feet of that area
designated as Fire Zone 4 by the governing body.
BULK PLANT OR TERMINAL is that portion of a property where
flammable or combustible liquids, hazardous liquids or gases are
received by tank vessel, pipelines, tank car or tank vehicle and
951201 R6980-00001 rdw 1101295 0 — 30
are stored, blended or transferred in bulk for the purpose of
distributing such liquids or gases by tank vessel, pipeline, tank
car, tank vehicle, portable tank or container.
Subsection 204 of the Uniform Fire Code is amended by adding the
following definition to read as follows:
CLEAN AGENT is an electrically nonconducting, volatile or gaseous
fire extinguishing agent that does not leave a residue upon
evaporation.
Subsection 207 of the Uniform Fire Code is amended by adding the
following definitions to read as follows:
FLOAT is any floating structure normally used as a point of
transfer for passengers and goods or for mooring purposes. See
also Parade Float.
FUEL MODIFICATION is the reduction of flammable vegetation
available to a wildfire.
FUMIGATOR is any person licensed by the Structural Pest Control
Act as an operator, or as a Structural Pest Control Field
Representative who shall have been qualified by the State of
California Structural Pest Control Board in the category of Pest
Control.
Section 208 of the Uniform Fire Code is amended by adding the
following definition to read as follows:
GOVERNING BODY is the official board or council elected to rule
the municipality or other public agency.
Section 209 of the Uniform Fire Code is amended by revising the
following definitions to read as follows:
HAZARDOUS FIRE AREA is any land which is covered with grass,
grain, brush or forest, whether privately or publicly owned,
which is so situated or is of such inaccessible location that a
fire originating upon such land would present an abnormally
difficult job of suppression or would result in great and unusual
damage through fire or resulting erosion. It shall include those
areas designated as Fire Zone 4 by the governing body and those
areas designated as a Very High Fire Hazard Severity Zone in
accordance with Chapter 6.8 of Part 1 of Division 1 of Title 5 of
the California Government Code commencing with Section 51175.
HAZARDOUS MATERIALS are those chemicals or substances which are
physical hazards or health hazards as defined and classified in
Article 80 whether the materials are in usable or waste
condition. Included in this definition, but not limited to, are
those Hazardous Wastes, Hazardous Materials, and Extremely
Hazardous Wastes listed in Title 22, Section 66261.126, Appendix
X of the California Code of Regulations.
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HIGH-RISE STRUCTURE is a building of any type of construction or
occupancy having floors used for human occupancy located more
than 75 feet above the lowest floor level having building access
except buildings used as health facilities as defined in Section
1250 of the California Health and Safety Code.
HOTEL is any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by
guests. This definition shall not include any I or D occupancies
as described in Title 24, Part 2 of the California Code of
Regulations.
Section 214 of the Uniform Fire Code is amended by adding the
following definition to read as follows:
MARINA shall mean any portion of the ocean or inland water either
naturally or artificially protected for the mooring, servicing or
safety of vessels and shall include artificially protected works;
public or private lands ashore; and structures or facilities
provided within the enclosed body of water and ashore for the
mooring or servicing of vessels or the servicing of their crews
or passengers.
Section 217 of the Uniform Fire Code is amended by adding the
following definition to read as follows:
PIER is a structure built over the water and supported by pillars
or piles, used as a landing place, pleasure pavilion, etc.
Section 223 of the Uniform Fire Code is amended by adding the
following definitions to read as follows:
VERY HIGH FIRE HAZARD SEVERITY ZONE is an area that is highly
vulnerable to wildfire. The designation of such a zone shall be
based on fuel loading, slope, fire weather and other relevant
factors in accordance with Chapter 6.8 of Part 1 of Division 1 of
Title 5 of the California Government Code commencing with Section
51175.
VESSEL is any watercraft, other than a seaplane on the water,
used or capable of being used as a means of transportation.
Included in this definition are nontransportation vessels such as
houseboats and boathouses.
Section 224 of the Uniform Fire Code is amended by adding the
following definition to read as follows:
WHARF is a structure or bulkhead constructed of wood, stone,
concrete, etc., built at the shore of a harbor, lake or river for
vessels to lie alongside of, and piers or floats to be anchored
to.
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Section 901.4.2 of the Uniform Fire Code is amended to read as
follows:
901.4.2 Fire lanes. When required, approved fire lane and no
parking signs shall be provided on or adjacent to the fire lane
and shall be visible therefrom. The boundaries of the fire lane
shall be outlined or the fire lane painted as the chief deems
necessary to define the extent of the fire lane.
Section 901.4.3 of the Uniform Fire Code is amended to read as
follows:
901.4.3 Fire protection equipment and fire hydrants. Fire
protection equipment and fire hydrants shall be clearly
identified in a manner approved by the chief to prevent
obstruction by parked vehicles and other objects.
When required by the chief, hydrant locations shall be
identified by the installation of blue reflective markers.
See also Section 1001.7.
Section 901.4.4 of the Uniform Fire Code is amended to read as
follows:
901.4.4 Premises identification.
901.4.4.1 New and existing buildings. (a) Approved numbers or
addresses shall be placed and maintained on all new and existing
buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. In no case shall
numbers be less than 3 inches in height, 1 inch wide with a
stroke of 3/8ths of an inch. Where structures are set back more
than 150 feet from the street or road, the numbers shall be a
minimum of 5 inches in height, 2 inches wide with a stroke of 1/2
of an inch. Numbers shall contrast with their background.
(b) Multiple residential and commercial units having
entrance doors not visible from the street or road shall have, in
addition to the requirements of (a) above, approved numbers
grouped for all units within each structure and positioned to be
plainly visible from the street or road. Said numbers may be
grouped on the wall of the structure or on a mounting post
independent of the structure.
901.4.4.2 High-rise buildings. Approved numbers or street
addresses shall be placed and maintained on the roof tops of all
new and existing high-rise buildings, as defined in Health and
Safety Code Section 13210, having floors used for human occupancy
located more than 75 feet above the lowest floor level providing
access to the building. All approved numbers shall be plainly
visible and legible from the air at an elevation of 500 feet
above roof top level and shall contrast with their background.
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Section 901.7 is added to the Uniform Fire Code to read as
follows:
901.7 Destruction of Signs. No person shall mutilate or remove
or destroy any sign or notice posted or required to be posted by
the chief or his or her duly authorized representative.
Section 902.2.1 of the Uniform Fire Code is amended to read as
follows:
902.2.1 Required access. Fire apparatus access roads shall be
provided in accordance with Sections 901 and 902.2 for every
facility, building, or portion of a building hereafter
constructed or moved into or within the jurisdiction when any
portion of. an exterior wall of the first story of the building is
located more than 150 feet from fire apparatus access as measured
by an approved route around the exterior of the building or
facility. Vehicular or pedestrian gates obstructing required
access to the building shall be of an approved width and shall be
provided only with locking devices and/or override mechanisms
which have been approved by the chief. See also Section 902.3
for personnel access to buildings.
EXCEPTION: When there are not more than two Group R,
Division 3, or Group U Occupancies, the requirements of Sections
902.2.1 and 902.2.2 may be modified by the chief.
More than one fire apparatus road shall be provided when it
is determined by the chief that access by a single road might.be
impaired by vehicle congestion, condition of terrain, climatic
conditions or other factors that could limit access.
For high -piled combustible storage, see Section 8102.5.1.
For required access during construction, alteration or
demolition of a building, see Section 8704.2.
Section 902.2.2.1 of the Uniform Fire Code is amended to read as
follows:
902.2.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed
vertical clearance clear to the sky.
Widths shall be increased when, in the opinion of the chief,
widths are not adequate to provide fire apparatus access.
Section 902.2.4.1 of the Uniform Fire Code is amended to read as
follows:
902.2.4.1 General. The required width of a fire apparatus access
road or fire lane shall not be obstructed in any manner,
including parking of or leaving vehicles in violation of Section
22500.1 of the California Vehicle Code. Minimum required widths
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and clearances established under Section 902.2.2.1 shall be
maintained at all times.
Entrances to roads, trails, or other accessways which have
been closed with gates and barriers in accordance with Section
902.2.4.2 shall not be obstructed by parked vehicles.
Section 902.5 is added to the Uniform Fire Code to read as
follows:
902.5 Helistops for High -Rise Buildings. An approved helistop
shall be provided on the roof of any high-rise building
hereinafter constructed. It shall be designed in accordance with
construction standards of the Building Code. See also Article
24.
Section 903.2.1.is added to the Uniform Fire Code to read as
follows:
903.2.1. Water certificate. Except as otherwise provided by
this section, every application for a building permit shall be
accompanied by:
1. Evidence indicating to the building official that the
proposed structure will be supplied with water in accordance with
the requirements of Title 20 of the Los Angeles County Code. The
Department of Public Works may accept as sufficient evidence a
certificate from a water utility that it can supply water to the
proposed structure in compliance with said Title 20 of the Los
Angeles County Code, except that if the building official knows
that such water utility cannot so supply water the official may
reject such certificate; or
2. A certificate from the fire department that there is, or is
under construction, a private water supply which, in the chief's
opinion, is adequate for fire protection; or
3. A certificate from the fire department that there is a
natural or artificial body of water so located that adequate
water for fire fighting can be obtained therefrom.
EXCEPTION: A certificate is not required for Group U
occupancies with less than 1000 square feet of floor area.
Section 903.3 of the Uniform Fire Code is amended to read as
follows:
903.3 Type of Water supply. Water supply is allowed to consist
of reservoirs, pressure tanks, elevated tanks, water mains or
other fixed systems capable of providing the required fire flow.
Article 9 of the Uniform Fire Code is amended by adding Section
903.5 to read as follows:
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903.5 Pool Draft system in -Very High Fire Hazard Severity Zones
or Fire Zone 4. New swimming pools, 5000 gallon capacity or
greater, constructed or installed in Fire Zone 4 or a Very High
Fire Hazard Severity Zone, shall have a drain and discharge line
connected to a draft hydrant, as required by the Plumbing Code.
Section 1001.4 of the Uniform Fire Code is amended to read as
follows:
1001.4 Approval and Testing. Fire alarm systems; fire hydrant
systems; fire extinguishing systems, including automatic
sprinklers and Class I, II, and III standpipes; halon and clean
agent systems and other special types of automatic
fire -extinguishing systems; basement pipe inlets; and other fire -
protection systems and appurtenances thereto shall meet the
approval of the fire department as to installation and location
and shall be subject to such periodic tests as required by the
chief. See Section 1001.5.1 for testing of water-based
fire -protection systems. Plans and specifications shall be
submitted to the fire department for review and approval prior to
construction.
Condition of approval of halon and clean agent systems shall
be satisfactory passage of a test conducted in accordance with
nationally recognized standards prior to final acceptance of the
system.
Fire alarm and detection systems shall be tested in
accordance with U.F.C. Standard 10-4 and nationally recognized
standards.
Section 1001.5.1 of the Uniform Fire Code is amended by.adding a
second paragraph to read as follows:
Fire extinguishing systems, including, but not limited to,
fire sprinkler systems, engineered and pre-engineered fixed
extinguishing systems, standpipe systems, and water -flow alarm
devices shall be serviced, tested and maintained in accordance
,with the requirements of Chapter 5 of Division 1 of Title 19
California Code of Regulations.
Section 1001.5.2 of the Uniform Fire Code is amended to read as
follows:
1001.5.2 Fire department notification for fire alarm or fire
extinguishing systems servicing. The chief shall be notified
when any required fire alarm or fire extinguishing system is
placed temporarily out of service and upon restoration of
service.
Subsection 1003.2.2.5. of the Uniform Fire Code is amended by
amending Item 5 to read as follows:
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5. In buildings over three stories in height: provided
however, the respective increases in area and height specified in
U.B.C. Sections 505 and 506, and the substitution for one-hour
fire -resistive construction specified in U.B.C. Section 508 shall
be permitted. For the purposes of this subsection the chief may
consider a basement as a story where the basement would have
originally been considered a story except for fill being placed
against the building. In making the determination the chief
shall consult with the building department.
EXCEPTION: Buildings used exclusively as open
parking garages.
Section 1003.3.1 of the Uniform Fire Code is amended to read as
follows:
1003.3.1 Where required. All valves controlling the water supply
for automatic sprinkler systems and water -flow switches on all
sprinkler systems shall be electrically monitored where the
number of sprinklers are:
1. Twenty or more in Group I Divisions 1.1 and 1.2
Occupancies.
2. One hundred or more in all other occupancies.
Valve monitoring and water -flow alarm and trouble signals,
shall be distinctly different and shall be automatically
transmitted to a listed and approved central station, remote
station or proprietary monitoring station as defined by U.F.C.
Standard 10-2 or, when approved by the building official with the
concurrence of the chief, shall sound an audible signal at a
constantly attended location.
EXCEPTION: Underground key or hub valves in roadway
boxes provided by the municipality or public utility need
not be monitored.
Section 1004.6 is added to the Uniform Fire Code to read as
follows:
1004.6 Specific Requirements. In addition to the requirements
of U.B.C. Standard No. 38-2, specific requirements are as
follows:
1004.6.1 Class I standpipes
1004.6.1.1 Construction. Fittings and connections shall be of
sufficient strength to withstand not less than 200 pounds per
square inch of water pressure when ready for service. All Class
I standpipes shall be tested hydrostatically to withstand not
less than 200 pounds per square inch of pressure for two hours,
but in no case shall the pressure be less than 50 pounds per
square inch above the maximum working pressure.
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1004.6.1.2 Piping. All horizontal runs of dry standpipe systems
shall be pitched at the rate of 1/4 inch to 10 feet for the
purpose of draining. Where"pipe traps occur in such standpipe
systems, including fire department connections, they shall be
provided with drains.
1004.6.1.3 Fire department connection. All 4 -inch standpipes
shall be equipped with a two-way fire department connection. All
6 -inch standpipes shall be equipped with a four-way fire
department connection. All fire department connections shall be
located on a street front, not less than 18 inches nor more than
4 feet above grade and shall be equipped with an approved
straight -way check valve and substantial plugs or caps. All fire
department connections shall be visible and accessible. More
than one fire department connection may be required.
1004.6.1.4 Outlets. Each standpipe shall be equipped with an
approved 2-1/2 inch outlet not less than 2 feet nor more than 4
feet above the floor level of each story. Standpipe outlets in
stairway enclosures or smokeproof enclosures shall be so located
that the exit doors do not interfere with'the use of the outlet.
All outlets shall be equipped with an approved valve, cap and
chains. No point within a building requiring standpipes shall be
more than 130 feet travel distance from a standpipe outlet
connection.
1004.6.2 Class II standpipes
1004.6.2.1 Outlets. All interior wet standpipes shall be
equipped with a 1-1/2 inch valve in each story, including the
basement or cellar of the building, and located not less than 3
feet nor more than 6 feet above the floor. Where combination
standpipes are installed, the 1-1/2 inch outlet system may be
supplied from the combination system with a 2 inch connecting
line.
1004.6.3 Class III standpipes. In addition to the requirements
in Section 1004.6.1, Class III standpipe systems shall be
installed in accordance with the requirements of Section
1004.6.3.
1004.6.3.1 Size. Class III standpipe systems shall be not less
than 6 inches in diameter.
1004.6.3.2 Riser shutoff valve and drain. Each individual riser
must be equipped with an O.S. and Y. valve at its base and an
approved valve for draining.
1004.6.3.3 Fire department connections. All Class III standpipe
systems shall be equipped with a four-way fire department
connection. Systems with three or more standpipes shall be
provided with not less than two four-way department inlet
connections.
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Section 1005 of the Uniform Fire Code is amended to read as
follows:
1005 Basement Pipe Inlets
1005.1 General. All basement pipe inlets shall be installed in
accordance with the requirements of this section.
1005.1.1 Where required. Basement pipe inlets shall be
installed in the first floor of every store, warehouse or factory
having basements.
EXCEPTIONS: 1. Where the basement is equipped with an
automatic fire extinguishing system.
2. Where the basement is used for the storage of
permanent archives such as safe deposit vaults or similar
uses adversely affected by water.
1005.1.2 Location. The location of basement pipe inlets shall
be as required by the fire department.
1005.1.3 Detailed requirements. All basement pipe inlets shall
be of cast iron, steel, brass or bronze with lids of cast iron or
bronze.
The basement pipe inlet shall consist of a sleeve of not
less than 8 -inch inside diameter extending through the floor and
terminating flush with or through the basement ceiling and shall
have a top flange recessed with an inside shoulder to receive the
lid. The top flange shall be installed flush with finish floor
surface. The lid shall be a solid casting and have a lift
recessed in the top. This lid shall be provided with a cast -in
sign reading FIRE DEPARTMENT ONLY - DO NOT COVER. The lid shall
be installed in such a manner as to permit its easy removal from
the flange shoulder.
The title of Section 1007 of the Uniform Fire Code is amended to
read as follows:
SECTION 1007 - FIRE AND EMERGENCY ALARM SYSTEMS
Section 1007.2.2.1 of the Uniform Fire Code is amended to read as
follows:
1007.2.2.1 General. Group A, Divisions 1,2 and 2.1 Occupancies
shall be provided with a manual fire alarm system in accordance
with Section 1007.2.2.
EXCEPTION: Group A Occupancy portions of Group E
Occupancies are allowed to have alarms as required for the
Group E Occupancy.
See also Section 1007.2.12.
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The first paragraph of Section 1007.2.2.2 of the Uniform Fire
Code is amended to read as follows: -
1007.2.2.2 System initiation. Activation of the fire alarm or
automatic fire extinguishing system flow device shall immediately
initiate an approved prerecorded message announcement using an
approved electrically supervised voice communication or public
address system which is audible above the ambient noise level of
the occupancy.,
Section 1007.3.1 of the Uniform Fire Code is amended to read as
follows:
1007.3.1 Design standards. Fire alarm systems, automatic fire
detectors, emergency alarm systems, gas detector systems
emergency voice alarm communication systems and notification
devices shall be designed, installed and maintained in accordance
with U.F.C. Standards 10-2 and 10-3 and other nationally
recognized standards.
Section 1007.3.3.6.1 of the Uniform Fire Code is amended to read
as follows:
1007.3.3.6.1 General. When required by the chief, fire alarm
systems and emergency alarm systems shall be monitored by an
approved central proprietary or remote station service or a local
alarm which gives audible and visual signals at a constantly
attended location.
Section 1102.1.1 is added to the Uniform Fire Code to read as
follows:
1102.2.1 General. Free-standing noncommercial incinerators not
connected to buildings shall be constructed and maintained in
accordance with the requirements of the South Coast Air Quality
Management District. For other requirements and for other types
of incinerators, see the Building and Mechanical Codes.
Section 1102.2.6 is added to the Uniform Fire Code to read as
follows:
1102.2.6 Time restrictions. The chief may notify in writing the
owner of any incinerator that such incinerator can be used only
at or between specified hours, if he or she finds that any
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1102.1.1 Permits. A person shall not
build, light,
maintain or
cause to be built, lighted or maintained,
any open
or outdoor
fire unless he or she first secures,
States Forest Service officer having
from the chief
jurisdiction,
or a United
a permit to do
SO. See Section 105.8.
Section 1102.2.1 of the Uniform Fire
Code is amended
to read as
follows:
1102.2.1 General. Free-standing noncommercial incinerators not
connected to buildings shall be constructed and maintained in
accordance with the requirements of the South Coast Air Quality
Management District. For other requirements and for other types
of incinerators, see the Building and Mechanical Codes.
Section 1102.2.6 is added to the Uniform Fire Code to read as
follows:
1102.2.6 Time restrictions. The chief may notify in writing the
owner of any incinerator that such incinerator can be used only
at or between specified hours, if he or she finds that any
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burning in such incinerator at other hours will or may constitute
a fire hazard.
Section 1102.3.2 of the Uniform Fire Code is amended to read as
follows:
1102.3.2 Notification. Prior to commencement of open burning,
the fire department shall be notified and a permit obtained. It
shall be unlawful for any person to build or maintain or cause or
permit to be built or maintained, any open or outdoor fire not in
compliance with such permit.
When required, a permit from the South Coast Air Quality
Management District shall be obtained before the fire department
permit is issued.
Section 1102.3.9 is added to the Uniform Fire Code to read as
follows:
1102.3.9 open fires. A person shall not build, light, maintain
or cause or permit to be built, lighted or maintained, any open
outdoor fire, or use or cause or permit to be used, any open
outdoor fire for any purpose except:
1. When such fire is set or permission for such fire is
given in the performance of the official duty of any public
officer, and the fire, in the opinion of such public
officer, is necessary for (i) the purpose of the prevention
of a fire hazard which cannot be abated by any other means
or (ii) the instruction of public employees in the methods
of fighting fire.
2. When such fire is set pursuant to permit on property
used for industrial or institutional purposes for the
purpose of instruction of employees in methods of fighting
fire.
3. When such fire is set in the course of any agricultural
operation in the growing of crops or raising of fowl or
animals.
4. On a public beach area owned, managed or controlled by
the City, otherwise permitted by this code.
5. In a City owned park or recreation camp otherwise
permitted by this code.
6. Bonfires permitted by the chief.
7. Cooking, recreational or ceremonial fires on private
property with a maximum fire area of 9 square.feet, in
locations outside of hazardous fire areas.
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Section 1102.3.10 is added to the Uniform Fire Code to read as
follows:
1102.3.10 Designated open fire areas. The chief is authorized
to designate places on private property, with the permission of
the owner thereof, or upon any public road, or within any public
park, or upon any public land, where open fires may be built.
The chief may place or cause to be placed uniform signs or
posters on or at such premises indicating the place or limits
where such fires may be built and maintained without further
permission; provided, however, that it shall be unlawful to
leave, or cause or permit to.be left, any fire burning in such
place. Before leaving such place such fire shall be thoroughly
extinguished and completely covered with dirt in such manner as
to adequately prevent such fire from burning thereafter.
Section 1103.2.1.2 of the Uniform Fire Code is amended to read as
follows:
1103.2.1.2 Rubbish accumulation. Accumulations of wastepaper,
hay, grass, straw, weeds, litter, or combustible or flammable
waste material, waste petroleum products or rubbish of any kind
shall not be permitted to remain upon any roof, court, yard,
vacant lot or open space.
EXCEPTION: Combustible rubbish, kept or accumulated
within or adjacent to buildings or structures kept in
containers complying with Section 1103.2.1.4 or in rooms or
vaults constructed of noncombustible materials.
Section 1103.2.1.5 of the Uniform Fire Code is amended to read as
follows:
1103.2.1.5 Removal. Combustible rubbish stored in containers
outside of noncombustible vaults or rooms shall be removed from
buildings at least once each working day or at intervals
specified by the chief. The storage or accumulation of
combustible waste matter within any building in such a quantity
or location as to constitute a fire hazard is prohibited.
Section 1109.7 of the Uniform Fire Code is amended to read as
follows:
1109.7 Sparks from Chimneys. Chimneys used with fireplaces or
heating appliances in which solid or liquid fuel is used shall be
maintained with a spark arrester as required for incinerators by
the Mechanical Code.
EXCEPTION: Chimneys which are located more than 500
feet from any mountainous, brush -covered or forest -covered
land or land covered with flammable material.
Section 1109.8 is added to the Uniform Fire Code to read as
follows:
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1109.8 Hot Air Balloons. For a permit to operate a hot air
balloon, see Section 105.8. A plan shall be submitted for
approval showing balloon distance from buildings and other
possible hazards, as determined by the chief, before the permit
is issued.
Section 1109.9 is added to the Uniform Fire Code to read as
follows:
1109.9 Fire Safety Officers and Advisors. When in the opinion of
the chief, it is necessary for the preservation of life or
property, due to the hazardous nature of an event, production,
operation or function, the chief shall require the owner or
lessee to employ or cause the employment of one or more approved
fire safety officers or advisors to be on duty at such place
during the hazardous activity.
Article 11 of the Uniform Fire Code is amended by adding Section
1115 to read as follows:
SECTION 1115 - MARINAS
1115.1 General. Plans for marina fire -protection facilities
shall be approved by the chief prior to installation. The
completed work shall be subject to final inspection and approval
after installation.
1115.2 Definitions. For the purpose of this Division, the
definitions of the terms Float, Marina, Pier, Vessel and Wharf
are as set forth in Article 2.
1115.3 Fire Prevention Regulations.
1115.3.1 Accumulation of combustibles. Persons having charge or
control over any structure, including a pier or wharf, shall not
allow the deposit or permit the accumulation of combustible
debris or rubbish on land beneath such structure, pier or wharf.
1115.3.2 Open flame. No person shall use any open flame device
for maintenance or repair on any vessel, float, pier or wharf
without a permit.
1115.3.3 Portable cooking device. No person shall use any
portable barbecue, brazier or cooking device on any vessel,
float, pier or wharf without a permit. .
1115.3.4 Lighting or decoration. Any open flame device used for
lighting or decoration on the exterior of any vessel, float, pier
or wharf must be approved by the chief.
1115.3.5 Flammable or combustible liquid spills. Any spills of
flammable or combustible liquids at or upon the water shall be
reported immediately to the fire department or jurisdictional
authorities.
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1115.3.6 Rubbish containers. Containers with tight -fitting or
self-closing lids shall be provided for the temporary storage of
combustible trash or rubbish.
1115.3.7 Electrical equipment. All electrical equipment
installed and used must be in accordance with the Electrical Code
as it applies to wet, damp and hazardous locations.
1115.4 Fire Protection Equipment. All piers, wharves, floats
with facilities for mooring or servicing five or more vessels,
and marine service stations shall be equipped with fireprotection
equipment as follows:
1115.4.1 Wet standpipe system. All portions of floats exceeding
250 feet in distance from fire apparatus access and marine
service stations shall be provided with an approved wet standpipe
system installed in conformity with applicable standards set
forth in U.B.C. Standard No. 38-2 and Article 10 of this code.
1115.4.1.1 Hose station spacing. Hose stations shall be so
spaced as to provide protection to any portion of floats or
floating vessels. Hoses shall be mounted on a reel or rack and
enclosed with an approved cabinet. Hose stations shall be
labeled "FIRE HOSE - EMERGENCY USE ONLY". All equipment shall be
approved.
1115.4.1.2 Fire department connection. At the shore end, the
waterline shall be equipped with a single 2-1/2 inch fire
department connection.
1115.4.1.3 Waterlines subject to freezing. Waterlines shall
normally be dry where area is subject to freezing temperatures.
1115.4.2 Water and access. Piers and wharves shall be provided
with fire apparatus access roads and water -supply systems with
on-site fire hydrants as may be required. Such roads and water
systems shall conform to Articles 9 and 10 of this code.
1115.5 Portable Fire Protection Equipment. One fire
extinguisher, 2A; 20 -BC rating minimum, shall be provided in each
hose station required. The chief shall designate the type and
number of all other fire appliances to be installed and
maintained in each marina.
1115.6 Transmission of Alarms. Means shall be available for the
immediate notification of the fire department.
1115.7 Maintenance of Access. Access shall be provided and
maintained in accordance with Article 9.
1115.8 Marine Service stations. Marine service stations shall
conform to Article 79.
951201 R69M00001 rdw 1101295 0
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- 44 -
Article 11 of the Uniform Fire Code is amended by adding Section
1116 to read as follows:
SECTION 1116 - RIFLE RANGES
1116.1 Permit. A rifle range shall not be established,
maintained or operated without a permit from the chief.
Applications for such permit shall be referred to the chief law
enforcement officer for approval.
1116.2 Supervision by Range Officer. No person shall operate or
maintain a rifle range except under the supervision of a
qualified range officer.
1116.3 Qualifications of Range Officer. No person shall act as a
range officer until such time as he or she shall have
demonstrated to the chief and the chief law enforcement officer
his or her knowledge of firearms and ammunition, including the
general rules of safety and the provisions of this code relative
thereto, and has received a certificate of fitness therefor.
1116.4 Inspection of Ammunition; Disposal of Defective
Ammunition. All ammunition shall be inspected and approved by
the range officer before permission to fire or discharge the same
shall be granted. All ammunition that will not fire or discharge
or which is otherwise defective shall be turned in to the range
officer for the safe disposal thereof.
1116.5 First -Aid Fire Appliances. All rifle ranges shall be
equipped with first-aid fire appliances and other equipment as
required by the chief and shall comply with such other fire
prevention measures as may be deemed necessary by the chief.
1116.6 Removal of Vegetation. All rifle ranges shall be
completely clear of vegetation within a safe distance from the
firing line and striking grounds and shall be so maintained.
Article it of the Uniform Fire Code is amended by adding Section
1117 to read as follows:
SECTION 1117 - CLEARANCE OF BRUSH AND VEGETATIVE GROWTH
1117.1 Electrical Transmission Lines.
1117.1.1 Support clearance. Any person owning, controlling,
operating or maintaining any electrical transmission or
distribution line upon any mountainous, or forest- or brush -
covered land or land covered with flammable growth, shall, at all
times, maintain around and adjacent to any pole supporting a
switch, fuse, transformer, lightning arrester, or line junction,
any dead end or corner pole or tower, or any other pole or tower
at which power company employees are likely to work most
frequently, an effective firebreak, consisting of a clearing of
not less than 10 feet in each direction from the outer
951201 R6980-00001 rdw 1101295 0 — 45 —
J
circumference of such pole or tower, provided, however that this
provision shall not be deemed to apply to lines used exclusively
as telephone, telegraph, telephone or telegraph messenger call,
fire or alarm lines, or other lines classed as communication
(Class C) circuits by the Public Utilities Commission of the
State of California. Nor shall this provision apply to clearance
around poles supporting only secondary electrical distribution
lines of 750 volts or less.
1117.1.2 Line clearance - high tension. Any person owning,
controlling, operating or maintaining any electrical transmission
line upon any mountainous, or forest --or brush -covered land, or
land covered with flammable growth, shall maintain a clearance of
the respective distances hereinafter in this section specified in
all directions between all vegetation and all conductors carrying
electrical current.
For lines operating at 2,400 volts or more, but less than
72,000 volts, four (4) feet;
For lines operating at 72,000 volts or more, but less than
110,000 volts, six (6) feet;
For lines operating at 110,000 volts or more, ten (10) feet.
In any case, such distance shall be sufficiently great to
furnish the required clearance from the particular wire or
conductor at any position of such wire or conductor at any
temperature of 120 degrees Fahrenheit or less. Dead trees, old,
decadent or rotten trees, trees weakened by decay or disease and
trees leaning toward the line, which may contact the line from
the side or may fall on the line, shall be felled, cut or trimmed
so as,to remove the hazard.
1117.1.3 Self-supporting aerial cable. No clearing to obtain
line clearance is required when self-supporting aerial cable is
used except that forked trees, leaning trees, and other growth
which may fall across the cable and break it, shall be removed.
EXCEPTION: Nothing contained in this section shall be
construed to require any person to maintain any clearing on
land where such person does not have the legal right to
maintain such clearing, nor shall any provision of Section
1117 be construed to require any person to enter upon or to
damage property of another without the consent of the owner
thereof. For further exceptions, see Title 14, California
Code of Regulations, Sections 1250 through 1258, inclusive.
1117.2 Structures.
1117.2.1 Fuel modification plan, landscape plan and irrigation
plan in very High Fire Hazard Severity Zones or Fire Zone 4. A
fuel modification plan, a landscape plan and an irrigation plan
approved by a registered landscape architect shall be submitted
951201 R6980-00001rdw 1101295 0 — 46 —
1
with any subdivision of land or prior to any new construction,
remodeling, modification or reconstruction of a structure where
such remodeling, modification or reconstruction increases the
square footage of the existing structure by 50% or more within
any 12 month period and where the structure or subdivision is
located within areas designated as Fire Zone 4 by the governing
body or as.a Very High Fire Hazard Severity Zone in accordance
with Chapter 6.8 of Part 1 of Division 1 of Title 5 of the
California Government Code commencing with Section 51175. Every
fuel modification plan, landscape plan and irrigation plan shall
also be reviewed and approved by the forestry division of the
fire department for reasonable fire safety.
1117.2.3 Extra hazard. The Governing Body finds that in many
cases because of extra hazardous situations, a firebreak around
buildings or structures of only thirty feet is not sufficient and
that a firebreak of fifty feet or more may be necessary. If the
chief or commissioner finds that because of the location of any
building or structure, or because of other conditions, a
thirty-foot firebreak around such buildings and structures as
required by Section 1117.2.2 is not sufficient, he or she may
notify all owners of property affected that they must clear all
flammable vegetation and other combustible growth or reduce the
amount of fuel content for a distance greater than thirty feet,
but not to exceed two hundred feet, around such buildings or
structures.
1117.3 Notice to Correct.
1117.3.1 Contents of notice. A notice to clear all flammable
vegetation and other combustible growth for a distance greater
than thirty feet around a structure shall be in writing and shall
specify the exact distance from the structure that such
vegetation and growth must be cleared.
1117.3.2 Compliance with findings. Within a reasonable time
after receipt of the notice specified in Section 1117.3.1, every
person owning, leasing, controlling or operating the structure
involved, and every person owning, leasing or controlling any
land adjacent to such structure, shall, at all times maintain
around and adjacent to such structure an effective fire
protection or firebreak made by removing and clearing away, for a
distance not less than so determined, on each side thereof, all
flammable vegetation or other combustible growth, except as
otherwise provided in Section 1117.2.
1117.3.3 Correction by chief or commissioner. Any person
described in Sections 1117.2.2, 1117.2.3, or 1117.3.2 who has
received notice to correct any of the conditions specified in
said sections and who is unable to comply with the requirements
of such notice may request the chief or commissioner to correct
the condition or conditions. The chief or commissioner may do
so, provided that the person requesting such assistance agrees to
pay the full cost thereof.
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1
1117.3.4 Notice of failure to correct. In the event any of the
conditions prohibited by either Sections 1117.2.2 or 1117.2.3
exist, the Governing Body may instruct the chief or commissioner
to give notice to the owner of the property upon which such
condition exists to correct such prohibited condition, and if the
owner fails to correct such condition the Governing Body may
cause the same to be done and make the expenses of such
correction a lien upon the property upon which such condition
exists. If it so instructs the chief or commissioner, the
Governing Body shall designate the time and place of a hearing
either before itself or before a referee appointed by it, and
shall notify the chief of its action.
1117.3.5 Mailing notice. Upon receipt of a notice from the
Governing Body of the time and place of hearing, and not less
than ten days before such.hearing, the chief or commissioner
shall mail a notice to the owners of property, as their names and
addresses appear from the last equalized assessment roll, or as
they are known to the clerk of the Governing Body on which a
firebreak is not maintained as required by Section 1117.2 in
substantially the following form:
NOTICE TO DESTROY WEEDS, BRUSH AND RUBBISH
Notice is hereby given that on the day of (month) ,
the Governing Body of (Municipality) passed a resolution
declaring that noxious or dangerous weeds, sagebrush, chaparral,
and any other brush or weeds which attain such large growth as to
become, when dry, a fire menace to adjacent improvements, were
growing, and that there existed dry grass, stubble brush, litter
or other flammable material which endangers the public safety by
creating a fire hazard upon or in front of the property on
certain streets in said municipality, and more particularly
described in said resolution, and that same constitute a public
nuisance which must be abated by the removal of said noxious or
dangerous weeds, brush, litter or other flammable material,
otherwise they will be removed and the nuisance will be abated by
the municipal authorities, in which case the cost of such removal
shall be assessed upon the lots and lands from which, or in front
of which, such materials are removed, and such cost will
constitute a lien upon such lots or lands until paid. Reference
is hereby made to said resolution for further particulars.
All property owners having any objections to the proposed
removal of such materials are hereby notified to attend a meeting
of the Governing Body of said municipality, to be held at'
o'clock, (month) , , when their objections
will be heard and given due consideration.
Dated this day of (month),
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(Name)
(Department)
(Municipality)
1117.3.6 Posting of notice. A notice in the form required in
Section 1117.3.5 shall be posted conspicuously in front of the
property on which vegetation which must be removed exists, or if
the property has no frontage upon any highway or road then upon
that portion of the property nearest to a highway or road, or
most likely to give actual notice to the owner. The notices
shall be posted not more than 100 feet in distance apart, but at
least one notice shall be posted on each lot or parcel of land.
1117.4 Hearing of Protests
1117.4.1 Appointment of referee. The Governing Body may appoint
a referee to hear protests. If the Governing Body appoints an
officer or employee of the municipality as referee he or she
shall serve without any additional compensation,'but all time
spent as referee shall be deemed and counted as time spent in
performing the duties of his or her compensated position.
1117.4.2 Hearing objections. At the same time stated in the
notices, the Governing Body or referee shall hear and consider
all objections and protests, if any, to the proposed removal of
vegetation, and may continue the hearing from time to time.
1117.4.3 Report of referee. If the hearing is before a referee,
upon the conclusion of the hearing the referee shall report to
the Governing Body his or her findings and recommendations as to
what objections, if any, should be allowed, and what objections,
if any, should be overruled.
1117.4.4 Decision by governing body. Upon the conclusion of the
hearing before itself, or upon receipt of the report of the
referee, the Governing Body shall allow or overrule any or all
objections, whereupon the Governing Body shall acquire
jurisdiction to proceed and perform the work by removal. The
decision of the Governing Body on the matter is final, except as
provided in Sections 14920 and 14921 of the California Health and
Safety Code.
1117.4.5 Order for abatement. After final action is taken by the
Governing Body to overrule any protests or objections or in case
no protest or objections are received, the said Governing Body
shall order the chief or commissioner to remove the dangerous
vegetation.
1117.5 Right of Entry upon Private Property. The chief or
commissioner or their assistants, deputies, employees,
contracting agents, or other representatives may enter upon
private property for the purpose of removing the vegetation.
1117.6 Removal Before Arrival of Chief or Commissioner. Any
property owner may have the vegetation removed at his or her own
expense if it is done prior to the arrival of the chief or
commissioner or his or her representatives to do it.
951201 R6980-00001 rdw 1101295 0 — 49 —
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1117.7 Record and Report of Cost. The chief or commissioner
shall keep an account of the cost of removing the vegetation from
each separate parcel of land and shall render an itemized report
in writing to the Governing Body showing the cost of removing the
vegetation from each separate lot or parcel of land.
1117.7.1 Posting copy of report. Before the report is submitted
to the Governing Body or referee, a copy shall be posted for at
least three days on or near the chamber door of the Governing
Body with a notice of the time when the report will be submitted
to the said Governing Body or referee for hearing on
confirmation.
1117.7.2 Hearing on report. At the time fixed for receiving and
considering the report, the Governing Body or the referee shall
hear it and any objections of any of the property owners liable
to be assessed for the work clearing vegetation.
1117.7.3 Report of referee. If the hearing is before a referee,
upon the conclusion of the hearing the referee shall report to
the Governing Body his or her findings and recommendations as to
what modifications, if any, should be made in the report.
1117.7.4 Modification and confirmation of report. Upon the
conclusion of the hearing on the report before itself, or upon
receipt of the report of the referee, the Governing Body may make
such modifications in the report of the chief or commissioner as
it deems necessary, after which, by order or resolution, the
report shall be confirmed.
1117.7.5 Costs of removal. The amounts for the cost for removing
the vegetation upon the various parcels of land mentioned in the
report of the chief or commissioner as confirmed shall constitute
special assessments against the respective parcels of land and a
lien on the property for the amount of the respective
assessments.
1117.7.6 Collection of expenses. The expenses of removing
vegetation shall be collected, and assessments shall be canceled
or refunded, as provided in Article 3 of Chapter 4 of Part 5 of
Division 12 of the California Health and Safety Code, the
provisions of which article are incorporated herein as if set
forth herein in full.
1117.8 Joint Proceedings. All of the proceedings provided for in
this article may be combined with and performed in conjunction
with proceedings for the abatement of noxious weeds pursuant to
Part 5 of Division 12 of the California Health and Safety Code.
1117.9 Prosecution. A person who violates Sections 1117.2,
1117.3.2, or 1117.10 may be prosecuted and punished whether
proceedings pursuant to Sections 1117.3 through 1117.8,
inclusive, have been had or not. Proceedings pursuant to
Sections 1117.3 through 1117.8, inclusive, are not a condition
951201 86980.00001 rdw 1101295 0 — 50 —
precedent to prosecution for violation of Sections 1117.2,
1117.3.2, or 1117.14.
1117.10 Roadway Clearance. The chief or commissioner may require
removal and clearance of all flammable vegetation or other
combustible growth for a minimum of ten feet on each side of
every roadway, whether public or private. The chief or
commissioner may enter upon private property to remove and clear
vegetation and growth as required by this section and may charge
the responsible party for the cost of such action. This section
shall not apply to single specimens of trees, ornamental
shrubbery or cultivated ground cover such as green grass, ivy,
succulents, or similar plants used as ground covers, provided
that they do not form a means of readily transmitting fire. As
used in this section, "roadway" means that portion of a highway
or private street improved, designed or ordinarily used for
vehicular travel. The minimum clearance of ten feet may be
increased if the chief determines additional distance is required
to provide reasonable fire safety.
Section 1118 is added to the Uniform Fire Code to read as
follows:
SECTION 1118 - ACTIVITIES IN HAZARDOUS FIRE AREAS
1118.1 Intent. The unrestricted use of grass, grain, brush, or
forest -covered land in certain hazardous fire portions of the
jurisdictional area due to conditions tending to cause or allow
the rapid spread of fires which may occur on such lands, or
because of the inaccessible character of such lands, is a
potential menace to life and property from fire. Therefore, it
is the intent of this section to provide necessary safeguards to
prevent the occurrence of fires and to provide adequate fire
protection facilities to control the spread of fires which might
be caused by recreational, commercial, industrial or other
activities carried on in any hazardous fire area.
1118.2.Permit Required. No person shall establish or conduct any
of the following or similar activities in a hazardous fire area
without first securing a permit:
(a) Recreational activities including but not limited to
picnic grounds, camps, athletic or recreational clubs, athletic
fields including grandstands and stadia, rifle or archery ranges,
fishing or boating ponds, dance halls or pavilions, golf courses,
resort hotels, cabins or motels, riding stables, public swimming
pools, theaters, rodeos, race tracks, carnivals, bowling alleys,
or similar recreational activities.
(b) Temporary commercial or assembly activities including
but not limited to temporary stands for the sale of ice cream,
beverages, or similar items, mobilehome and recreational vehicle
parks, or other similar facilities.
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D
(c) Industrial activities including but not limited to
motion picture studios or sets, lumber yards, warehouses,
manufacturing or processing plants, feed mills or outdoor storage
facilities.
(d) Construction activities including but not limited to
clearing of land, erection of buildings, or construction of
roads, pipelines or utility transmission lines.
1118.3 Application for Permit. Application for a permit for any
such activity shall be made to the chief not -less than fifteen
(15) days prior to the starting date of such activity.
1118.4 Fire Protection Survey. Upon receipt of such application
the chief shall survey the buildings, premises, and facilities
proposed for such use prior to issuance of the permit to
determine the fire protection equipment and safeguards necessary
to conduct such activitywithout unduly increasing the potential
fire hazard to the area.
1118.5 Notification. The applicant shall be notified by the
chief of those fire protection facilities and safeguards which
are necessary, and a permit shall not be issued until all such
facilities and safeguards have been provided.
1118.6 Permit Stipulations. The permit shall stipulate the
conditions, precautions, limitations, and safeguards necessary to
conduct such activity with a reasonable degree of fire safety and
failure to comply with any condition, precaution, limitation, or
safeguard so stipulated shall be cause for immediate revocation
of the permit and cessation of the activity.
1118.7 Fire Protection Facilities Required. Fire protection
facilities required and conditions or limitations necessary to
maintain reasonable fire safety may include but are not limited
to the following:
(a) Adequate water supply, pumps, hydrants and hose.
(b) Firebreaks as necessary to prevent a fire on the
premises from spreading to adjacent brush or grass -covered areas.
(c) Posting of -"NO SMOKING" signs.
(d) Removal of dry grass and weeds from around buildings,
along roadways and automobile parking areas, and other areas
accessible to the public or participants of the activity.
(e) Provision of approved, competent fire safety officers
or advisors to act as fire guards or fire watchers to patrol the
area when such activity is taking place. 'See also Section 3210.
(f) Provision of adequate access roads and parking
facilities to prevent congestion of public roads, to permit
951201 R6980-00001 rdw 1101295 0 — 52 —
adequate means of egress for evacuation of the public or
participants in event of emergency, and to permit movement of
fire apparatus and equipment.
(g) Restriction or prohibition of activities during periods
of high fire hazard weather conditions.
(h) Such fencing as is necessary to control the activity.
(i) Such other conditions, limitations, or provisions
necessary to maintain reasonable fire safety.
1118.8 Restricted Entry on National Forest Land. A person shall
not enter or be on any lands within the boundaries of the
National Forest within the City which have been closed to entry
by the U.S. Forest Service, except by a valid special entry
permit issued by a U.S. Forest Service Officer.
1118.9 Closure of Public or Private Lands. Any portion of public
or private lands in any hazardous fire area may be closed to the
public by the chief at the request of the owners of such public
or private lands, when in his or her opinion such closure is
necessary for the prevention of fires. Notice of such closure
shall be made by the chief by public announcement and such
closure shall be in effect until, in the opinion of the chief,
such closure is no longer necessary for the protection of
property against fire and such closure is lifted by public
announcement.
1118.10 Restricted Entry on Closed Lands. A person shall not
enter or be upon any public or private lands closed to the public
by the chief during the period such closure is in effect, except
that the closure of private lands shall not prohibit the use or
entry upon such lands by the owner, his or'her guests or
invitees, provided that such guests or invitees have written
permission from the owner of such lands to enter upon the same.
Such written permit shall be presented upon the demand of any
public officer when such person is within any closed area.
1118.11 Posting of Lands Closed to Entry. Lands closed to entry
shall be posted by the fire protection agency having
jurisdiction.
1118.12 Spark Arresters Required. (a) No person shall use or
operate in, upon, or within any hazardous fire area, any tractor,
construction equipment, engine, machinery, or any steam, oil or
gasoline -operated stationary or mobile equipment, from which a
spark or fire may originate unless such equipment is provided
with a qualified device or spark arrester installed in or
attached to the exhaust pipe which will prevent the escape of
fire or sparks. Said qualified device or spark arrester shall
meet the United States Forest Service "Standard for Spark
Arresters for Internal Combustion Engines" (Standard 5100-1B,
July 1991). For the purpose of this section, any registered
951201 86980-00001 rdw 1101295 0 — rJ 3 —
motor vehicle operated on a road or highway and which is equipped
with a muffler in good condition, as required by the Vehicle
Code, shall be deemed to be in compliance with this section.
(b) Each chimney used in conjunction with any fireplace,
barbecue, incinerator, or any heating appliance in which solid or
liquid fuel is used, upon any building, structure, or premises
located within any hazardous fire area, shall be maintained with
a spark arrester constructed with heavy wire mesh or other
noncombustible material with openings not to exceed one-half
inch.
1118.13 Open Flame Device. No person shall operate or use any
device, machine, or process such as a welding torch, tar pot,
decorative torch, or any other device liable to start or cause
fire in or upon any hazardous fire area, except by the authority
of a written permit from the chief. Provided, however, that no
permit will be required if such use is within inhabited premises
or designated camp sites, and such use is a minimum of thirty
feet from any grass, grain, brush or forest -covered lands.
1118.14 Roadway Clearance. (a) Clearance of brush or vegetative
growth from roadways shall be in accordance with Section 1117.10
of this Code.
(b) If the chief determines in any specific case that
difficult terrain, danger of erosion, or other unusual
circumstances make strict compliance with the provisions of the
Code undesirable or impractical, he or she may suspend
enforcement thereof and require reasonable alternative measures.
1118.15 Illegal Dumping. No person shall place, deposit, or dump
any garbage, cans, bottles, papers, ashes, refuse, trash,
rubbish, or combustible waste material in or upon any hazardous
fire area. No person shall dump such material in, upon, or along
any trail, roadway or highway in any hazardous fire area.
Dumping in areas approved by the Fire Department for this use
shall not be deemed to be in violation with this section. This
section may be enforced by the commissioner.
1118.16 Disposal of Ashes. No person shall place, deposit, or
dump any ashes or coals in or upon any hazardous fire area except
in the hearth of an established fire pit, camp stove, or
fireplace, or in a noncombustible container with a tight -fitting
lid which is kept or maintained in a safe location not less than
ten feet from any combustible vegetation or structure, or where
such ashes or coals are buried and covered with one foot of
mineral earth not less than twenty-five feet from any combustible
vegetation or structure.
1118.17 Fire Roads and Firebreaks. (a) No person, except public
officers acting within the scope of their duties shall travel
upon, or drive or park any motorcycle, motor scooter, or motor
vehicle upon any fire road or firebreak beyond the point where
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travel is restricted by a cable, gate, or sign, without the
permission of the property owner or owners involved.
(b) No person shall park any vehicle so as to obstruct the
entrance to any fire road or firebreak.
(c) No person shall install or maintain a radio or
television aerial, or guy wire thereto, or any other obstruction
on any fire road or firebreak, which is less than sixteen feet
above such fire road or firebreak.
1118.18 Use of Motorcycle, Motor Scooter, and Motor Vehicles. No
person shall operate any motorcycle, motor scooter, or motor
vehicle, except upon clearly established public or private roads,
within any hazardous fire area without first having secured a
permit to do so from the chief. No such permit shall be issued
unless written permission from the property owner is first
presented.
1118.19 Hazardous Warning Lights. It shall be unlawful to
maintain any torch or lantern utilizing an open flame along any
excavation, road, or any place where the dislodgement of such
torch or lantern might permit same to roll, fall, or slide onto
any forest- or brush -covered land, or any land containing
flammable material.
Section 1210.4 of the Uniform Fire Code is amended to read as
follows:
1210.4 Stairway Identification. Approved stairway identification
signs shall be located at each floor level in all enclosed
stairways in buildings four or more stories in height. The sign
shall identify the stairway, indicate whether there is roof
access, the floor level, and the upper and lower terminus of the
stairway. The sign shall be located approximately 5 feet above
the floor landing in a position which is readily visible when the
door is in the open or closed position. In setting the
requirements for stairway identification signs, Appendix I -C
shall be used. The provisions shall apply to new and existing
buildings.
Section 1303.3.7 is added to the Uniform Fire Code to read as
follows:
1303.3.7 High -Rise occupancies.
1303.3.7.1 Pre -fire plan. A pre -fire plan shall be required for
all high-rise buildings. The plan shall be prepared by the
owners or their operators, administrators, or managers in
cooperation with the fire department. The owner shall assign a
fire safety director who shall work with the fire department in
the establishment, implementation and maintenance of the pre -fire
Plan.
951201 R6980-00001 rdw 1101295 0 — 55 —
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1303.3.7.2 Signage. Signs shall be posted in a conspicuous place
on every floor of the building and elsewhere as required by the
fire department. Such signs shall include the heading: "IN CASE
OF FIRE OR EMERGENCY DO NOT USE ELEVATORS" and give directions to
all emergency fire exits from that floor. If fire safety refuge
areas are provided on that floor, the signs shall give directions
to that area. All such lettering shall be in letters at least
one inch high and contrasting color.
1303.3.7.3 Fire drill. A fire drill shall be conducted annually
by the fire safety director, or his or her designee, using the
fire alarm system. The drill need not involve the occupants of
the building. The following announcement shall be made over the
public address system prior to and following the test of the
actual alarm system: "This is a test of the fire alarm system.
No evacuation from this floor or building is required." This
announcement shall be repeated twice after the fire alarm testing
has been concluded.
Section 2403.6 is added to the Uniform Fire Code to read as
follows:
2403.6 Markings. Helistops shall be marked in accordance with
the Federal Aviation Administration Standard and shall indicate
helicopter load limits.
Section 2501.4 of the Uniform Fire Code is amended to read as
follows:
2501.4 supervision and Emergency Notification
2501.4.1 Supervision. Places of assembly shall be under .the
constant supervision of a competent adult on the premises during
the time that the premises are open to the public.
Sufficient employees shall be trained to provide this
supervision so that when the primary supervisor is absent an
alternate person will be capable of providing the supervision of
the operation. Employee training shall comply with Section
1303.5.
2501.4.2 Emergency Notification. When required by the chief,
places of assembly shall be provided with a method for notifying
the fire department in the event of an emergency. This may be by
telephone or other method approved by the chief. Methods of
notifying the fire department shall be readily available to the
public.
Section 2503.2 of the Uniform Fire Code is amended to read as
follows:
2503.2 Ground Seats. When more than 500 loose chairs are used in
connection with public assembly events, chairs shall be fastened
951201 R6980-00001 rdw 1101295 0 — 56 —
together in groups of not less than three and shall be tied or
staked to the ground.
Section 3207 of the Uniform Fire Code is amended to read as
follows:
SECTION 3207 - FLAME RETARDANT TREATMENT AND STANDARDS
The sidewalls, drops and tops of all tents, canopies and
temporary membrane structures, floor coverings, bunting,
flammable decorations or effects, including sawdust when used on
the floors or passageways, shall meet the standards of Title 19,
California Code of Regulations, Division 1, Chapter 8 for flame
retardancy.
The heading of Section 3210 of the Uniform Fire Code is amended
to read as follows:
SECTION 3210 - FIRE SAFETY OFFICERS
Section 3404 of the Uniform Fire Code is amended to read as
follows:
SECTION 3404 - FIRE APPARATUS ACCESS ROADS
Fire apparatus access roads shall be constructed and maintained
throughout the site in accordance with Section 902.2. Aisles or
passageways shall be provided to permit reasonable access for
firefighting operations.
Section 3504.4 of the Uniform Fire Code is amended to read as
follows:
3504.4 Hazardous Materials. Hazardous materials, including
flammable liquids, shall not be used, stored, or displayed in a
mall.
EXCEPTION: Carcinogens, irritants, sensitizers,
combustible liquids and Class I oxidizers.
Section 3506 of the Uniform Fire Code is amended to read as
follows:
SECTION 3506 - TEMPORARY.PLACES OF ASSEMBLY
When the mall area, or any portion thereof, is used as a
temporary place of assembly, such area shall be in accordance
with Article 25.
3506.1 Occupant Load. The exit facilities shall limit the
number of persons in attendance.
3506.2 Exit Facilities. The chief is authorized to establish the
conditions necessary to assure that the covered mall building
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tenants do not have their exits obstructed by the assembly. It
shall be the responsibility of the covered mall management to
provide adequate personnel to comply with the conditions required
by the chief. The exit facilities shall comply with the
provisions for public assembly of Title 19 and Title 24 of the
California Code of Regulations, and other provisions of this
code.
3506.3 Temporary Displays and Events. The exit facilities shall
comply with the provisions for public display of Title 19 and
Title 24 of the California Code of Regulations.
Section 4502.1 of the Uniform Fire Code is amended to read as
follows:
4502.1 Location of Spray -finishing Operations. When conducted in
buildings used for assembly, educational, institutional or
residential occupancies, spray -finishing operations shall be
located in a spraying room protected with an approved automatic
fire extinguishing system and separated vertically and
horizontally from other areas in accordance with the Building
Code.
In other occupancies, spray finishing operations shall be
conducted in a spray booth, spraying area or spraying room
approved for such use. Limited spraying areas for touch-up or
spot painting may be approved by the chief, provided they meet
the requirements of Article 45. See Section 4502.6.
Section 4502.2.5 of the Uniform Fire Code is amended to read as
follows:
4502.2.5 Baffles. If installed, baffle plates or filters shall.
be of noncombustible material readily removable or accessible to
facilitate cleaning and designed to provide an even flow of air
through the booth and to prevent the deposit of overspray before
it enters the exhaust duct. Baffle plates or filters shall not
be installed in the exhaust ducts.
Section 4503.1 of the Uniform Fire Code is amended to read as
follows:
4503.1 Location of Dip Tank Operations. When conducted in
buildings used for assembly, institutional or residential
occupancies, dip tank operations shall be located in a room
designed for the purpose, protected with an approved automatic
fire extinguishing system, and separated vertically and
horizontally from other areas in accordance with the Building
Code.
Section 4506.2 of the
follows:
Section 4506.2 Use of
operations involving
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Uniform Fire Code is amended to read as
Organic Peroxide Coatings. Spraying
the use of organic peroxides and other dual-
- 58 -
component coatings shall be conducted in a spray booth protected
with an approved automatic fire extinguishing system and meeting
the requirements of Section 4502.
Section 4902.5 is added to the Uniform Fire Code to read as
follows:
4902.5 Backflash Prevention. Approved protective devices shall
be installed in the fuel gas and oxygen lines to prevent
backflash in the fuel system and backflow in the fuel and oxygen
system in accordance with nationally recognized safe practice.
Section 5201.6.1 of the Uniform Fire Code is amended to read as
follows:
5201.6.1 General. The dispensing of fuel into the fuel tanks of
automobile, marinecraft or aircraft, or portable containers shall
be under the supervision of a qualified attendant at all times.
Section 5201.6.3 of the Uniform Fire Code is deleted in its
entirety.
Subsection 5202.3.6 (6) of the Uniform Fire Code is amended to
read as follows:
6. Tanks containing Class I, II or III -A liquids inside a
special enclosure shall not exceed 1000 gallons individual or
2000 gallons aggregate capacity for installations within 1000
feet of schools, hospitals, nursing homes, day care centers, or
any high life hazard occupancy. In all other areas, the maximum
tank size shall be as approved by the chief. In no case shall
the tank size exceed 6000 gallons individual or 18,000 gallons
aggregate capacity.
Section 5202.4.1 of the Uniform Fire Code is amended to read as
follows:
5202.4.1 Aboveground tanks. Class I and Class II liquids shall
not be dispensed into the fuel tank of a motor vehicle from
aboveground tanks except when such tanks are installed inside
special enclosures in accordance with Section 5202.3.6.
Section 5202.4.4 of the Uniform Fire Code is amended to read as
follows:
5202.4.4 Supervision. See Section 5201.6.
Section 7701.3.3 is added to the Uniform Fire Code to read as
follows:
7701.3.3 Fees. The fee for issuance of a permit under this
section shall, in all cases, be twelve dollars ($12.00). In
cases in which the quantity of explosives is one hundred pounds
or less, the sum of one dollar ($1.00) shall be deposited into
951201 R69M00001 rdw 1101295 0 — 59 —
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the state treasury upon issuance of a permit. In all other cases
the sum of five dollars ($5.00) shall be deposited into the state
treasury.
Section 7702.1.9 of the Uniform Fire Code is amended to read as
follows:
7702.1.9 Storage with other materials. Magazines shall be used
exclusively for the storage of explosive materials and other
blasting agents approved by the chief. Tools, other than
approved conveyors, shall not be stored in magazines. Items of
hardware which contain igniters, detonators, propellants or
explosives shall not be stored in the same magazine with other
explosives.
Explosives which are subject to mass detonation, such as
lead azide, lead styphanate, dynamite, photo flash powder and
black powder shall not be stored with other explosives.
EXCEPTION: Black sporting powder may be stored with
smokeless sporting powder in retail commercial stores when
quantities are limited to those allowed in Section
7702.2.1.1 with the approval of the chief.
The heading of Section 7702.2 of the Uniform Fire Code is amended
to read as follows:
7702.2 Gunpowder for Retail Sales
Section 7703.1.2 of the Uniform Fire Code is amended to read as
follows:
7703.1.2 Personnel qualifications. The person in charge of the
handling and use of explosive materials shall be at least 21
years of age, licensed by the State of California as a blaster,
and possess a valid explosive -use permit issued by the chief.
EXCEPTION: Persons 18 years of age or older are
allowed to use and handle explosive materials under the
direct personal supervision of a person who possesses a
valid explosive -use permit.
Section 7901.3.1 of the Uniform Fire Code is amended by adding a
subsection 6 to read as follows:
6. Allow'a tank car to remain on a siding at the point of
delivery while connected for transfer operations. Transfer
operations shall be in accordance with DOT requirements and this
code.
Section 7902.1.3.2 of the Uniform Fire Code is amended to read as
follows:
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7902.1.3.2 Label or placard. Tanks over 100 gallons in capacity
permanently installed or mounted and used for the storage of
Class I, II or III -A liquids having a health or reactivity degree
of hazard of 2 or more or a flammability rating of 4 shall bear a
label or placard identifying the material therein in accordance
with U.F.C. Standard 79-3.
EXCEPTIONS: 1. Tanks of 300 gallons capacity or less
located on private property and used for heating and cooking
fuels in single-family dwellings.
2. Tanks located underground.
Section 7902.1.8.1.2 of the Uniform Fire Code is amended to read
as follows:
7902.1.8.1.2. Use of tank cars and tank vehicles as storage
tanks. Tank cars and tank vehicles shall not be used as storage
tanks. Unloading or transfer operations from tank vehicles or
railroad tank cars shall be in accordance with Section
7904.5.4.3.
Section 7902.1.8.2.2 of the Uniform Fire Code is amended to read
as follows:
7902.1.8.2.2 Use of tank cars and tank vehicles as storage
tanks. Tank cars and tank vehicles shall not be used as storage
tanks. Unloading or transfer operations from tank vehicles or
railroad tank cars shall be in accordance with Section
7904.5.4.3.
Section 7902.2.2.4 of the Uniform Fire Code is amended to read as
follows:
7902.2.2.4 Location of tanks for boilover liquids. Aboveground
tanks for storage of liquids with boilover characteristics shall
be located in accordance with Table 7902.2-C. Shell to shell
spacing between tanks shall not be less than the diameter of the
largest tank.
Section 7902.2.4.1 of the Uniform Fire Code is amended to read as
follows:
7902.2.4.1 Required systems. All tanks exceeding 1500 square
feet of liquid surface area used for the storage of Class I or
Class II flammable liquids shall be provided with foam fire
protection.
EXCEPTIONS: 1. Tanks with floating roofs for storage of
crude oil exceeding 1500 square feet of liquid surface area
and less than 12,300 square feet of liquid surface area
shall have foam fire protection only for the seal area.
2. Other floating roof tanks or pressure tanks
operating at or above 1 -pound -per square inch gauge.
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The second paragraph of Section 7902.2.8.3.3 of the Uniform Fire
Code is amended to read as follows:
The walls of the diked area shall not be higher than 6 feet
above the exterior grade. The walls of the diked area shall be
restricted to an average height of 6 feet above the interior
grade, except when dikes are higher than an average of 6 feet
above interior grade, provisions shall be made for normal and
necessary emergency access to tanks, valves and other equipment
and safe egress from the diked enclosure as follows:
Section 7902.5.11.8 is added to the Uniform Fire Code to read as
follows:
7902.5.11.8 Construction. The construction of liquid storage
rooms shall be in accordance.with the Building Code and have a
minimum of one exterior wall having a door providing fire
fighting access.
Section 7904.2.5.5.1 of the Uniform Fire Code is amended to read
as follows:
7904.2.5.5.1 General. Tanks shall be provided with top openings
only.
Section 7904.2.5.5.3 of the Uniform Fire Code is deleted in its
entirety.
Section 7904.3.2.4 is added to the Uniform Fire Code to read as
follows:
7904.3.2.4 Zoning regulations. The permit for any new well shall
be issued only after it has complied with applicable planning and
zoning regulations.
Section 7904.3.10 is added to the Uniform Fire Code to read as
follows:
7904.3.10 Permits. For permits to drill, own, operate or
maintain an oil or natural gas well, see Section 105.8. No
person shall drill, own, operate, or maintain any oil or natural
gas well without a permit. Each oil or natural gas well permit
shall be valid only for the calendar year for which issued. The
permit fee shall be forty eight ($48.00) dollars. There shall be
'no charge for renewals.
Section 7904.4.1 of the Uniform Fire Code is amended to read as
follows:
7904.4.1 General. Portions of properties where flammable and
combustible liquids are received by tank vessels, pipelines, tank
cars or tank vehicles and are stored, blended or transferred in
bulk for the purpose of distributing such liquids by tank
951201 R69M00001 rdw 1101295 0 — 62 —
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vessels, pipelines, tank cars, tank vehicles or containers shall
be in accordance with Section 7904.4.
Section 7904.5.2.2 of the Uniform Fire Code is amended to read as
follows:
7904.5.2.2 Location. Loading racks dispensing Class I, II or
III -A liquids shall be separated from tanks, warehouses or other
plant buildings, any source of ignition, and the nearest property
line of a property that can be built on by a clear distance of
not less than 100 feet, measured from the nearest fill stem.
This distance may be reduced to 25 feet if loading racks are
provided with a fixed fire protection system or are dispensing
only combustible liquids. Buildings for pumps or for shelter of
loading personnel may be part of the loading rack.
Section 7904..5.4.2.1 of the Uniform Fire Code is amended to read
as follows:
7904.5.4.2.1 General. Class I, II or III liquids shall be
transferred from a tank vehicle -or tank car only into an approved
atmospheric tank or approved portable tank, except as provided in
Sections 7904.5.4.2.2 through 7904.5.4.2.6. Class I, II or III
liquids shall not be transferred from a tank vehicle or tank car
into the cargo tank of another tank vehicle or tank car.
EXCEPTION: In an emergency, Class I, II or III liquids
may be transferred from a tank vehicle or tank car to the
cargo tank of another tank vehicle or tank car when approved
by the chief.
Section 7904.5.4.3 of the Uniform Fire Code is amended to read as
follows:
7904.5.4.3 Time limit or unloading and permit. Tank vehicles and
railroad tank cars shall be unloaded as soon as possible after
arrival at point of delivery and shall not be used as storage
tanks. Tank cars shall be unloaded only on private sidings or
railroad siding facilities equipped for transferring the liquid
between tank cars and permanent storage tanks. A permit shall be
required for a tank car to remain on a siding at the point of
delivery while connected for transfer operations. Transfer
operations shall be in accordance with DOT requirements and this
code.
Section 7904.6.3.14 is added to the Uniform Fire Code to read as
follows:
7904.6.3.14 Transfer of cargo. Class I, II or III liquids shall
not be transferred from a tank vehicle or tank car into the cargo
tank of another tank vehicle or tank car.
EXCEPTION: In an emergency, Class I, II or III liquids
may be transferred from a tank vehicle or tank car to the
951201 R6980-00001 rdw 1101295 0 — 63
1
1
1
cargo tank of another tank vehicle or tank car when approved
by the chief.
Table 7902.1-A of the Uniform Fire Code is amended to permit the
following quantities of flammable and combustible liquids in
glass containers:
Class I -A; 1 pint
Class I -B; 1 pint
Class I -C; 1 pint
Class II; 1 quart
Class III; 1 gallon
Section 8001.3.1 of the Uniform Fire Code is amended by adding
the following paragraph to the end of the section to read as
follows:
A permit shall be required for tank vehicles and railroad
tank cars to remain on a siding, indoors or outdoors, at the
point of delivery while connected for transfer operations.
Transfer operations shall be in accordance with DOT requirements
and this code.
Section 8001.3.2 of the Uniform Fire Code is amended to read as
follows:
8001.3.2 Hazardous materials business plan.
8001.3.2.1. Application. Each application for a permit required
by this article shall include a hazardous materials business plan
(HMBP) in accordance with Part 2 of Chapter 2.20 of Title 2 of
the Los Angeles County Code.
8001.3.2.2 Reporting. Every business shall comply with the
reporting requirements as set forth in Part 2 of Chapter 2.20 of
Title 2 of the Los Angeles County Code.
Section 8001.3.3 of the Uniform Fire Code is amended to read as
follows:
8001.3.3 Hazardous materials inventory statement. Each
application for a permit required by this article shall include a
hazardous materials inventory statement (HMIS) in accordance with
Part 2 of Chapter 2.20 of Title 2 of the Los Angeles County Code.
Section 8001.3.4 is added to the Uniform Fire Code to read as
follows:
8001.3.4 Risk management and prevention program. Every business
shall comply with the requirements as set forth in Part 2 of
Chapter 2.20 of Title 2 of the Los Angeles County Code.
Section 8001.3.5 is added to the Uniform Fire Code to read as
follows:
951201 R69M00001 rdw 1101295 0 64
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8001.3.5 Emergency information. Hazardous materials business
plans, risk management prevention programs and hazardous
materials inventory statements shall be posted in an approved
location and immediately available to emergency responders. The
chief may require that the information be posted at the entrance
to the occupancy or property.
Section 8001.4.2 of the Uniform Fire Code is amended to read as
follows:
8001.4.2 Design and construction of containers, cylinders and
tanks. Containers, cylinders and tanks shall be designed and
constructed in accordance with nationally recognized standards.
See Article 90 and Section 101.3. Containers, cylinders, tanks
and other means used for transporting hazardous materials shall
be of an approved type. Tank vehicles and railroad tank cars
shall not be used as storage tanks. Indoor unloading or transfer
operations from tank vehicles or railroad tank cars shall be in
accordance with Section 8004.2. Outdoor unloading or transfer
operations shall be in accordance with Section 8004.3.
Item 1 of Section 8001.9.3.1 of the Uniform Fire Code is amended
to read as follows:
1. Constructed of steel not less than 4 inches in diameter, 6
inches if heavy truck traffic is anticipated, schedule 40 steel,
and concrete filled.
Section 8001.13.1 of the Uniform Fire Code is amended to read as
follows:
8001.13.1 General. Exempt amounts shall be as specified in
Section 8001.13.2 and Tables 8001.13-A through 8001.13-D.
Storage, dispensing, use and handling of hazardous materials in
quantities exceeding exempt amounts shall be in accordance with
Sections 8001, 8003, and 8004. Tank vehicles and railroad tank
cars shall not be used as storage tanks. Indoor unloading or
transfer operations from tank vehicles or railroad tank cars
shall be in accordance with Section 8004.2. Outdoor unloading or
transfer operations shall be in accordance with Section 8004.3.
Storage, dispensing, use and handling of hazardous materials
in quantities not exceeding exempt amounts shall be in accordance
with Section 8001.
Where exempt amounts are indicated in pounds (kilograms), a
conversion of 10 pounds per gallon shall be used.
For retail and wholesale display, see Section 8001.12.
Section 8003.9.1.1 of the Uniform Fire Code is amended to read as
follows:
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1
1
8003.9.1.1 General. Indoor storage of unstable (reactive)
materials in amounts exceeding the exempt amounts set forth in
Section 8001.13 shall be in accordance with Sections 8003.1 and
8003.9.1.
In addition, Class 3 and 4 unstable (reactive) detonatable
materials shall be stored in accordance with the Building Code
requirements for explosives and Article 77 of this code.
Retail display of unstable(reactive) materials shall be in
accordance with Section 8001.12.
Section 8003.13.1.4 of the Uniform Fire Code is amended to read
as follows:
8003.13.1.4 Storage conditions. The maximum quantity and
storage arrangement of radioactive materials to be stored in
buildings or rooms designed for such purposes shall be in
accordance with the requirements of the Nuclear Regulatory
Commission, state and local authorities. Storage, handling and
use of radioactive materials in Group H, Division 8 Occupancies
shall comply with the radiation control regulations of the
Department of Health Services, as found in Title 17, California
Code of Regulations.
Section 8004.1.19 is added to the Uniform Fire Code to read as
follows:
8004.1.19 Bulk plant or terminal. Gases or liquids having a
hazard ranking of 3 or 4 in accordance with U.F.C. Standard 79-3
shall not be transferred from a tank vehicle or tank car into the
cargo tank of another tank vehicle or tank car.
EXCEPTION: In an emergency, gases or liquids having a
hazard rating of 3 or 4 may be transferred from a tank
vehicle or tank car to the cargo tank of another tank
vehicle or tank car when approved by the chief.
Section 8004.2.3.7.1 of the Uniform Fire Code is amended to read
as follows:
8004.2.3.7.1 Ventilation and storage arrangement. Compressed gas
cylinders shall be within gas cabinets, exhausted enclosures or
gas rooms. Portable or stationary tanks shall be within gas
rooms or exhausted enclosures. Tank vehicles or railroad tank
cars engaged in the use or dispensing of toxic or highly toxic
gases shall be within a ventilated separate gas storage room or
placed within an exhausted enclosure.
Section 8004.3.6.1 of the Uniform Fire Code is amended to read as
follows:
8004.3.6.1 Ventilation and arrangement. When stationary or
portable cylinders, containers, tanks, railroad tank cars or tank
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1
vehicles are located outdoors for dispensing or use of toxic or
highly toxic gases, gas cabinets or exhaust enclosures shall be
provided.
Section 8101.3.1 of the Uniform Fire Code is amended to read as
follows:
8101.3.1 Permits. For a permit to use a building for high -piled
combustible storage, see Section 105, permit h.3. Before racks
are installed in occupancies regulated by this article, required
permits must be applied for and approved. An approved permit
must be kept on the premises and is subject to inspection by an
officer of the fire department at all times.
Section 8204.4 of the Uniform Fire Code is amended by adding a
sentence to the last paragraph to read as follows:
At multi -container installations, the aggregate capacity of
the containers shall be used to determine minimum distances to
the buildings or adjoining property lines.
Section 8204.5 is added to the Uniform Fire Code to read as
follows:
8204.5 Tank Car and Tank Vehicle Stations. Tank car and tank
vehicle bulk loading and unloading stations shall be located not
less than one hundred feet from buildings, sources of ignition,
or adjoining property lines that may be built upon.
Section 8204.6 is added to the Uniform Fire Code to read as
follows:
8204.6 Container Orientation. Unless special protection is
provided and approved by the chief, containers of liquid
petroleum gas shall be oriented so that the longitudinal axes do
not point toward other liquid petroleum containers, vital process
equipment, control rooms, loading stations or flammable liquid
storage tanks.
Section 8206.1 of the Uniform Fire Code is amended to read as
follows:
8206.1 Attendants. Dispensing of LP -gases shall be performed by
a qualified attendant. Self-service LP -gas dispensing open to
the public is prohibited.
Section 8210 of the Uniform Fire Code is amended to read as
follows:
SECTION 8210 - PROTECTING CONTAINERS FROM VEHICLES
When exposed to probable vehicular damage due to proximity to
alleys, driveways or parking areas, LP -gas containers, regulators
951201 R69M00001 rdw 1101295 0 — 67
1
and piping shall be suitably protected by crash posts in
accordance with Section 8001.9.3.
Section 8705.2 of the Uniform Fire Code is amended to read as
follows:
8705.2 Fire Protection Systems. When the building is protected
by fire -protection systems, such systems shall be maintained
operational at all times during alteration.
When alteration requires modification of a portion of a
fire -protection system, the remainder of the system shall be kept
in service. When it is necessary to shut down the entire system,
standby personnel shall be kept on site until the system is
returned to service.
Section 8706.6 of the Uniform Fire Code is amended to read as
follows:
8706.6 Standby Personnel. When required by the chief for
building demolition which is hazardous in nature, qualified
personnel shall be provided to serve as on-site standby
personnel. The sole duty of such standby personnel shall be to
watch for the occurrence of fire.
The Appendix of Section 9002 of the Uniform Fire Code is deleted
in its entirety.
Section 9003 of the Uniform Fire Code is amended by adding the
following standards:
a.7. ALLIANCE OF AMERICAN INSURERS
20 North Wacker Drive, Chicago, IL 60606
a.8. AMERICAN INSURANCE ASSOCIATION
85 John Street, New York, NY 10038
Branch Offices:
120 S. LaSalle Street, Chicago, IL 60603
465 California Street, San Francisco, CA 94104
1701 K Street, N.W., Washington, DC 20006
AMERICAN INSURANCE ASSOCIATION RESEARCH REPORTS
a.8.1 No. 1 Fire Hazards of the Plastic Industry, M65.
a.8.2 No. 2 Potential Hazards in Molten Salt Baths
for Heat Treatment of Metals, M65.
a.8.3 No. 5 Processes, Hazards and Protection
Involved in the Manufacture of Spirituous
Liquors, 016.
a.8.4 No. 7 Precautionary Fire and Explosion
Safeguards in the use of Chlorine Dioxide for
Industrial Bleaching. M75.
a.8.5 No. 9 Fire and Explosion Hazards of Thermal
Insecticidal Fogging. M40.
951201 R6990-00001 rdw 1101295 0 — 68 —
1
a.8.6 No. 10 Mechanism of Extinguishment of Fire
by Finely Divided Water.
a.8.7 No. 11 Fire and Explosion Hazards of Organic
Peroxides.
a.8.8 No. 12 Nitroparaffins and their Hazards.
c.l. COMPRESSED GAS ASSOCIATION, INC.
1725 Jefferson
Davis Highway, Suite 1004, Arlington, VA
22202-4100
CGA PAMPHLETS
c.1.1
C-7
Guide to the Precautionary Labeling and
Marking
of Compressed Gas Containers
c.1.2
G-1
Acetylene
c.1.3
G-2
Anhydrous Ammonia
c.1.4
G-3
Sulphur Dioxide
c.1.5
G-4
Oxygen
c.1.6
G-5
Hydrogen
c.1.7
P-1
Safe Handling of Compressed Gases
c.1.8
P-2
Characteristics and Safe Handling of
Medical
Gases
C.1.9
V-5
Diameter -Index Safety System
c.2. CHEMICAL MANUFACTURERS ASSOCIATION
1825 Connecticut Avenue, N.W., Washington, DC 20009
c.2.1 CMA Safety Data Sheets.
f.2. FERTILIZER INSTITUTE
1015 18th Street, N.W., Washington, DC 20006
f.2.1 Definition and Test Procedures for Ammonium
Nitrate Fertilizer.
i.2. INDUSTRIAL RISK INSURERS
85 Woodland Street, Hartford, CT 06102
i.3. INSTITUTE OF MAKERS OF EXPLOSIVES
1575 I Street, N.W., Suite 550, Washington, DC 20005
IME PAMPHLETS
i.3.1 No. 1 Standard Storage Magazines.
i.3.2 No. 20 Radio Frequency Radiation Hazard in
Use of Electric Blasting Caps..
n.2. NATIONAL FIRE PROTECTION ASSOCIATION
Post Office Box 9101, Batterymarch Park, Quincy, MA 02269
NFPA STANDARDS
n.2.5 Volumes 1 through 9
u.3. UNITED STATES OF AMERICA REGULATIONS
Superintendent of Documents, U.S. Government Printing
Office, Washington, DC 20402
CODE OF FEDERAL REGULATIONS
u.3.1. Title 10, Part 30, Licensing of Byproducts
Material - Radioisotope Distribution
u.3.2. Title 10, Part 70, Special Nuclear Materials
951201 R6980-00001rdw 1101295 0 — 69 —
I�
1
u.3.3. Title 29, Part 1910
u.3.4. Title 40, Parts 280.and 281
u.3.5. Title 49, Chapter I, Department of Transportation
Regulations
u.3.6. Title 49, Chapter X, Interstate Commerce
Commission Regulations.
ICC SPECIFICATIONS
u.3.7. I.C.C. Specifications MC 300, MC 302, MC 303, MC
304, MC 305, MC 330, MC 331.
u.4. UNITED STATES BUREAU OF MINES
4800 Forbes Avenue, Pittsburgh, PA 15213
UNITED STATES DEPARTMENT OF INTERIOR INFORMATION CIRCULAR
u.4.1. 8179 Safety Recommendations for Sensitized
Ammonium Nitrate Blasting Agents.
951201 R69M00001 rdw 1101295 0 — 70 —
0
ORDINANCE NO. 258
AN ORDINANCE OF THE CITY OF ROLLING HILLS
REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE
PLANNING COMMISSION AND AMENDING THE ROLLING
HILLS MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
Section 1. Title 17, Chapter 17.54 of the Rolling Hills Municipal Code is
hereby amended by adding a new Section 17.54.015 to read as follows:
"17.54.015 City council review of decisions of the Planning Commission.
A. The City Council may on its -own initiative review all actions of the
Planning Commission taken by resolution approving or denying a
development project.
B. All Planning Commission actions taken by resolution approving or
denying a development application, accompanied by the record of the
proceedings before the Commission, shall be placed as a report item on
the City Council's agenda at its regular meeting next following the
Commission's action. The Council may, within thirty (30) days of the
Commission's action, by an affirmative vote of three (3) members,
initiate review of the action. In the event the Council initiates such
review, the Commission's decision will be stayed until the Council
completes its proceedings in accordance with the provisions of this
Section.
C. At the time the Council votes to initiate review, or at any other time
following a field trip to the site but prior to the hearing, the applicant
shall be informed of the aspects of the application and/or the
Commission's decision which the applicant should be prepared to
address at the review hearing.
D. The City Clerk shall set the review hearing within 30 days from the
date the Council decides to initiate review.
E. The review hearing shall be noticed and conducted as set forth in
Section 17.54.060 and shall be conducted as a de novo hearing. The
Council may act to uphold, overturn, or otherwise modify the
Commission's original action *on the proposal, or the Council my
remand the application back to the Commission for further review and
direction.
F. The decision of the Council, supported by findings, shall be set forth in
full in a resolution. A copy of the decision shall be sent to the applicant.
The action of the Council shall be final and conclusive.
Section 2. Table 17.34.020 of Section 17.34.020 of Title 17 of the Rolling Hills
Municipal Code is hereby amended by amending the abbreviations at the bottom of the
table to read as follows:
"Abbreviations: PC = Planning Commission
CC = City Council
X = Responsible Body
A = Appeal Body or Review Body"
Section 3. Paragraph C contained in Section 17.54.010 of Chapter 17.54 of
Title 17 of the Rolling Hills Municipal Code is hereby deleted."
Ordinance No. 258 -1-
PASSED, APPROVED AND ADOPTED ON THE 11TH DAY OF MARCH,
1996.
G E , D.D.S.
MAYOR
ATTEST:
MARILYN . KERN
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 258 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY
COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION
AND AMENDING THE ROLLING HILLS MUNICIPAL CODE
was approved and adopted at a regular meeting of the City Council on March 11, 1996.
AYES: Councilmembers Heinsheimer, Hill, Lay and Mayor Pernell.
NOES: None.
ABSENT: Mayor Pro Tem Murdock.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN.UKEk
DEPUTY CITY CLERK
Ordinance No. 258 -2-
ORDINANCE NO. 259-U
AN URGENCY ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING CHAPTER 10.80 OF TITLE 10 OF THE
ROLLING HILLS MUNICIPAL CODE (RELATING TO PARKING
CITATION PROCESSING)
THE CITY COUNCIL OF THE C1. OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 10.80 to Title 10 of the Rolling Hills Municipal Code is
hereby amended to read as follows:
"PARKING CITATION PROCESSING
10.80.010 Title. This Chapter shall be known as the Parking Citation
Processing Ordinance of the City of Rolling Hills.
10.80.020 Definitions. Except where the context otherwise requires, the
definitions provided in this Section shall govern the construction of this Chapter.
A. "Agency" shall mean the "processing agency" as defined below.`
B. "City" shall at all times refer to the City of Rolling Hills.
C. "Contestant" shall mean any "operator" or "registered owner" as
defined in this Section who contests a parking citation.
D. "Department" shall mean the Department of Motor Vehicles.
E. "Hearing Examiner" shall mean any qualified individual as set forth in
Vehicle Code Section 40215 appointed or contracted by the City to adjudicate parking
citation contests administratively.
F. "Issuing Agency" shall mean the City . authorized agent that issues
parking citations.
G. "Issuing Officer" shall mean a peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of the California Penal Code, or the successor
statutes thereto, or other issuing officer who is authorized to issue a parking citation.
H. "Operator" shall mean any individual driving and/ or in possession of
a vehicle at the time a citation is issued or the registered owner.
I. "Parking Citation" shall mean a notice that is personally given or
mailed to the operator, or attached to the operator's vehicle, informing the operator of a
parking, equipment and/or other vehicle violation and the operator's right to elect to pay
the fine for the violation or contest the citation.
J. "Parking Penalty" includes, the fine authorized by law for the
particular violation, any late payment penalties, administrative fees, assessments, costs of
collection as provided by law, and other related fees.
K. "Processing Agency" shall mean the City or its authorized agent that
processes parking citations and issues notices of delinquent parking violations on behalf of
the City.
L. "Registered Owner" shall mean the individual or entity whose name is
recorded with the Department of Motor Vehicles as having ownership of a particular
vehicle.
M. "Vehicle" shall mean any self-propelled vehicle operated or suitable
for operation on a highway.
Ordinance No. 259-U -1-
N. "Violation" shall mean any parking, equipment or other vehicle
violation as established pursuant to state law or local ordinance.
10.80.030 Authoritv to Contract with Outside Agencies. The City may issue
and/or process parking citations and notices of delinquent parking violations, or it may
enter into a contract with a private parking citation processing agency, or with another city,
county, or other public issuing or processing agency.
Any contract entered into pursuant to this Section shall provide for monthly
distribution of amounts collected between the parties, except amounts payable to the
County pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the
California Government Code, or the successor statutes thereto, and amounts payable to the
Department pursuant to California Vehicle Code Section 4763 or the successor statute
thereto.
10.80.040 Authority to Conduct Administrative Review Process: Hearing
Officer; Procedures. The processing agency may review appeals or other objections to a
parking citation pursuant to the procedures set forth in this Section.
A. For a period of twenty-one (21) calendar days from the issuance of the
parking citation, or fourteen (14) calendar days from the mailing of the notice of
delinquent parking citation, an operator may request initial review of the notice by the
issuing agency. The request for initial review may be made in writing, by telephone or in
person.
B. The initial review by the processing agency shall consist of those
procedures outlined in Subdivision 1 of Paragraph A of 10.80.130.
C. If the operator is dissatisfied with the results of the initial review, the
operator may contest the parking citation or notice of delinquent parking violation
through an administrative hearing process as outlined in Section 10.80.130.
In order to contest the parking citation, the operator must deposit with the
processing agency the full amount of the parking penalty on or before the twenty-first
(21st) calendar day following the mailing to that operator of the results of the processing
agency's initial review. At the same time, the operator must provide a written explanation
of the reason or reasons for contesting the parking citation on a form provided by the
processing agency. If the operator is unable to deposit the full amount of the parking
penalty, the operator must provide verifiable and substantial proof of an inability to
deposit the parking penalty. Upon presentation of such proof, the processing agency shall
proceed with the contest procedure despite the operator's failure to deposit the full
amount of the parking penalty. If it is ultimately determined that the operator is not liable
for the parking violation, then the full amount of the parking penalty deposited shall be
refunded.
The contestant may contest the parking citation either by written declaration,
on forms provided by the processing agency, or by personal appearance before a hearing
examiner.
D. The processing agency shall provide, through an administrative policy,
a procedure for contesting parking citations and notices of delinquent parking violations.
10.80.050 Process by which Parking Citations Must Be Issued. Parking citations
shall be issued in accordance with the following procedures:
A. If a vehicle is unattended at the time that the parking citation is issued
for a parking violation, the issuing officer shall securely attach to the vehicle the parking
citation setting forth the violation, including reference to the section of the California
Vehicle Code, the City's Municipal Code, or other parking regulation violated; the date;
the approximate time of the violation; the location of the violation; a statement indicating
that payment is required to be made not later than twenty-one (21) calendar days from the
date of the violation; and the date by which the operator is to deposit the parking penalty
or contest the parking citation pursuant to Section 10.80.130. The citation shall state the
Ordinance No. 259-U -2-
amount of the parking penalty and the address of the agent authorized to receive deposit
of the parking penalty.
The parking citation shall also set forth the vehicle license number and
registration expiration date, if such date is readable; the last four digits of the vehicle
identification number, if that number is visible through the windshield; the color of the
vehicle; and, if possible, the make of the vehicle.
B. The parking citation or copy thereof, shall be considered a record kept
in the ordinary course of business of the issuing agency and the processing agency, and
shall be prima facie evidence of the facts contained therein.
C. Once the parking citation is prepared and attached to the vehicle
pursuant to Paragraph A above, the issuing officer shall file notice of the parking violation
with the processing agency.
D. If during issuance of the parking citation, without regard to whether
the vehicle was initially attended or unattended, the vehicle is driven away prior to
attaching the parking citation to the vehicle, the issuing officer shall file the notice with
the processing agency. The processing agency shall mail, within fifteen (15) days of issuance
of the parking citation, a copy of the parking citation to the registered owner.
E. If after a copy of the parking citation is attached to the vehicle, or
personally given to the operator, the issuing agency or the issuing officer determines that
the issuing officer was in error in issuing the parking citation, the issuing officer or the
issuing agency may recommend, in writing, that the parking citation be canceled. The
written recommendation shall state the reason or reasons for cancellation and shall be
filed with the processing agency.
If after a copy of the notice of parking violation is attached to the vehicle, the
issuing officer determines that there is incorrect data on the notice, including but not
limited to the date or time, the issuing officer may indicate in writing, on a form attached
to the original notice, the necessary correction to allow for the timely entry of the notice on
the processing agency's data system. A copy of the correction shall be mailed to the
operator receiving the notice of parking violation.
Under no circumstances shall a personal relationship with any public official,
officer, issuing officer, or law enforcement agency be grounds for cancellation.
F. If a processing agency makes a finding that there are grounds for
cancellation as set forth in the City's administrative policy, or pursuant to any other basis
provided by law, then the finding or findings shall be filed with the processing agency, and
the. parking citation shall be canceled pursuant to Subdivision 1 of Paragraph A of Section
10.80.130.
10.80.060 Parkiniz Penalties.
A. Parking penalties shall be established by resolution of the City.
B. All parking penalties received by the processing agency shall accrue to
the benefit of the City.
10.80.070 Parkine Penalties Received by Date Fixed: No Contest: Request to
Contest. If the parking penalty is received by the processing agency and there is no contest
by the date fixed 'on the parking citation, all proceedings as to that parking citation shall
terminate.
If the operator contests the parking citation, the processing agency shall
proceed in accordance with Section 10.80.130.
10.80.080 Parking Penalties Not Received by Date Fixed. If payment of the
parking penalty is not received by the processing agency by the date fixed on the parking
citation, the processing agency shall deliver to the registered owner a notice of delinquent
parking violation pursuant to Section 10.80.090.
Ordinance No. 259-U -3-
Delivery of a notice of delinquent parking violation may be made by personal
service or by first class mail addressed to the registered owner of the vehicle as shown on
the records of the Department.
10.80.090 Notice of Delinauent Parking Violation; Contents. The notice of
delinquent parking violation shall contain the information required to be included in a
parking citation pursuant to Section 10.80.050. The notice of delinquent parking violation
shall also contain a notice to the registered owner that, unless the registered owner pays
the parking penalty or contests the citation within twenty-one (21) calendar days after
mailing the notice of delinquent parking violation or completes and files an affidavit of
nonliability that complies with Section 10.80.110 or Section 10.80.120, the vehicle
registration shall not be renewed until the parking penalties have been paid. In addition,
the notice of delinquent parking violation shall contain, or be accompanied by, an affidavit
of nonliability and information of what constitutes nonliability, information as to the
effect of executing an affidavit, and instructions for returning the affidavit to the issuing
agency.
If the parking penalty is paid within twenty-one (21) calendar days after the
mailing of the notice of delinquent parking violation, no late penalty or similar fee shall
be charged to the operator.
10.80.100 Copy of Citation upon Request by Registered Owner.
A. Within fifteen (15) days of request, made by mail or in person, the
processing agency shall mail or otherwise provide to the registered owner, or the registered
owner's agent, who has received a notice of delinquent parking violation, a copy of the
original parking citation. The issuing agency may charge a fee sufficient to cover the actual
cost of copying and/or locating the original parking citation, not to exceed two ($2) dollars.
Until the issuing or processing agency complies with a request to provide a copy of the
parking citation, the processing agency may not proceed to immobilize the vehicle in
question merely because the registered owner has received five or more outstanding
parking violations over a period of five or more days.
B. If the description of the vehicle on the parking citation does not
substantially match the corresponding information on the registration card for that vehicle
the processing agency shall, on written request of the operator, cancel the notice of parking
violation.
10.80.110 Affidavit of Nonliability: Leased or Rented Vehicle. A registered
owner shall be released from liability for a parking citation if the registered owner files
with the processing agency an affidavit of nonliability in a form satisfactory to the
processing agency and such form is returned within thirty (30) calendar days after the
mailing of the notice of delinquent parking violation together with proof of a written lease
or rental agreement between a bona fide rental or leasing company and its customer which
identifies the renter or lessee and provides the operator's driver's license number, name
and address. The processing agency shall serve or mail to the renter or lessee identified in
the affidavit of nonliability a notice of delinquent parking violation. The processing agency
shall inform the renter or lessee that he or she must pay the full amount of the fine, or
provide notice to the processing agency that he or she intends to contest the parking
citation pursuant to Section 10.80.130 within twenty-one (21) calendar days of the mailing
of the notice of delinquent parking violation. If the processing agency does not receive
payment of the parking citation or does not receive notice of an intent to contest within
twenty-one (21) calendar days, the processing agency may proceed against the renter or
lessee pursuant to Section 10.80.140.
10.80.120 Affidavit of Nonliabilitv: Sale. A registered owner of a vehicle shall
be released from liability for a parking citation issued to that vehicle if the registered owner
served with a notice of delinquent parking violation files with the processing agency,
within thirty (30) days of receipt of the notice of delinquent parking violation, an affidavit
of nonliability together with proof that the registered owner served with a notice of
delinquent parking violation has made a bona fide sale or transfer of the vehicle and has
delivered possession thereof to the purchaser prior to the date of the alleged violation. The
processing agency shall obtain verification from the Department that the former owner
Ordinance No. 259-U -4-
1
1
has complied with the requirements necessary to release the former owner from liability
pursuant to California Vehicle Code Section 5602 or the successor statute thereto.
If the registered owner has complied with California Vehicle Code Section
5602, or the successor statute thereto, the processing agency shall cancel the notice of
delinquent parking violation with respect to the` registered owner.
If the registered owner has not complied with the requirements necessary to
release the owner from liability pursuant to California Vehicle Code Section 5602, or the
successor statute thereto, the processing agency shall inform the registered owner that the
citation must be paid in full or contested pursuant to Section 10.80.130. If the registered
owner does not comply, the processing agency shall proceed pursuant to Section 10.80.140.
10.80.130 Contesting Parking Citation: Procedure.
A. If an operator or registered owner contests a parking citation or a notice
of delinquent parking violation, the processing agency shall do all of the following:
1. First, either investigate with its own records and staff or request
that the issuing agency investigate the circumstances of the citation with respect to the
contestants written explanation of the reason or reasons for contesting the parking citation.
If, based on the results of that investigation, the processing
agency is satisfied that the violation did not occur, because the registered owner was not
responsible for the violation by virtue of having sold, rented or leased the vehicle, or
because legally supportable or mitigating circumstances as set forth in the City's
administrative policy warrant a dismissal, the processing agency shall cancel the parking
citation, and make an adequate record of the reason or reasons for canceling the parking
citation. The processing agency shall mail the results of the investigation by first class mail
to the contestant within ten (10) days of the decision.
2. If the contestant is not satisfied with the results of the
investigation provided for in Subdivision 1, the contestant may, within twenty-one (21)
calendar days of the mailing of the results of the initial investigation, deposit the amount
of the parking penalty and other related fees or provide proof of an inability to deposit the
parking penalty, and request an administrative hearing. An administrative hearing shall
be held within ninety (90) calendar days following the receipt of a request for.. an
administrative hearing, excluding time tolled pursuant to Article 2 of Chapter 1 of
Division 17 of the Vehicle Code. The operator requesting the administrative hearing may
request one continuance, not to exceed twenty-one (21) calendar days.
3. If the contestant prevails at the administrative hearing, then the
full amount of the parking penalty deposited shall be refunded.
B. The administrative hearing procedure shall consist of the following:
1. The contestant shall make a written request for administrative
hearing on a form and in a manner satisfactory to the processing agency, and may request
to contest the parking citation either in person or by written declaration.
2. If the contestant is a minor, that person shall be permitted to
appear at a hearing or admit responsibility for a parking citation without the necessity of
the appointment of a guardian. The processing agency may proceed against the minor in
the same manner as if the minor were an adult.
3. The administrative hearing shall be conducted before a qualified
hearing examiner as defined in Vehicle Code Section 20215 and appointed or contracted by
the City to conduct the administrative review.
C. The issuing officer shall not be required to participate in an
administrative hearing. The issuing agency shall not be required to produce any evidence
other than the parking citation or copy thereof, and information received from the
:.Department identifying the registered owner of the vehicle.
Ordinance No. 259-U -5-
This documentation in proper form shall be considered prima facie evidence
of the violation.
D. The hearing examiner's final decision shall be in writing and delivered
personally to the contestant or the contestant's agent, or delivered by first class mail within
ten (10) working days following the hearing.
E. If the contestant is not the registered owner of the vehicle, all notices to
the contestant required under this Section shall also be given to the registered owner by
first class mail.
10.80.140 Collection of Unpaid Parking Penalties. Except as otherwise
provided below, the processing agency shall proceed under Paragraph A or Paragraph B,
but not both, in order to collect an unpaid parking penalty:
A. File an itemization of unpaid parking penalties and other related fees
with the Department for collection pursuant to the California Vehicle Code Section 4760 or
the successor statute thereto.
B. If more than four hundred ($400) dollars in unpaid parking penalties
and other related fees have been accrued by any one registered owner or the registered
owner's renter, lessee or sales transferee, proof thereof may be filed with the court which
has the same effect as a civil judgment. Execution may be levied and such other measures
may be taken for the collection of the judgment as are authorized for the collection of
unpaid civil judgments entered against a defendant in an action against a debtor.
The processing agency shall send notice by first-class mail to the registered
owner or renter, lessee, or sales transferee indicating that a civil judgment has been filed
and the date that the judgment shall become effective. The notice shall also indicate the
time: that execution may be levied against that person's assets, that liens may be placed
against that person's property, that the person's wages may be garnished, and that other
steps may be taken to satisfy the judgment. The notice shall also state that the processing
agency will terminate the commencement of a civil judgment proceeding if all parking
penalties and other related fees are paid prior to the date set for hearing. If judgment is
entered, then the City may file a writ of execution or an abstract with the court clerk's office
identifying the means by which the civil judgment is to be satisfied.
If a judgment is rendered for the processing agency, that agency may contract
with a collection agency.
The processing agency shall pay the established first paper civil filing fee at
the time an entry of civil judgment is requested.
C. If the registration of the vehicle has not been renewed for (60) days
beyond the renewal date, and the citation has not been collected by the Department
pursuant to the California Vehicle Code Section 4760, or the successor statute thereto, then
the processing agency may file proof of unpaid penalties and fees with the court which has
the same effect as a civil judgment as provided above in Paragraph B.
D. The processing agency shall not file a civil judgment with the court
relating to a parking citation filed with the Department unless the processing agency has
determined that the registration of the vehicle has not been renewed for sixty (60) days
beyond the renewal date and the citation has not been collected by the Department
pursuant to the California Vehicle Code Section 4760 or the successor statute thereto.
10.80.150 Obligation of Processing Agencv Once Parking PenalbL Paid.
A. If the operator or registered owner served with notice of delinquent
parking violation, or any other person who presents the parking citation or notice of
delinquent parking violation, deposits the penalty with the person authorized to receive it,
the processing agency shall do both of the following:
1. Upon request, provide the operator, registered owner, or the
registered owner's agent with a copy of the citation information presented in the notice of
Ordinance No. 259-U -6-
1
1
1
delinquent parking violation. The processing agency shall, in turn, obtain and record in its
records the name, address and driver's license number of the person actually given the
copy of the citation information.
2. Determine whether the notice of delinquent parking violation
has been filed with Department or a civil judgment has been entered pursuant to Section
10.80.140.
B. If the processing agency receives full payment of all parking penalties
and other related fees and the processing agency has neither filed a notice of delinquent
parking violation nor entered a civil judgment, then all proceedings for that citation shall
cease.
C. If the notice of delinquent parking violation has been filed with the
Department and has been returned by the Department pursuant to the provisions of the
California Vehicle Code and payment of the parking penalty has been made, along with
any other related fees, then the proceedings for that citation shall cease.
D. If the notice of delinquent parking violation has been filed with the
Department and has not been returned by the Department, and payment of the parking
penalty for, and any applicable costs of, service in connection with debt collection have
been made, the processing agency shall do all of the following:
1. Deliver a certificate of payment to the operator, or other person
making payment,
2. Within five (5) working days transmit payment information to
the Department in the manner prescribed by the Department,
violation,
3. Terminate proceedings on the notice of delinquent parking
4. Deposit all parking penalties and other fees as required by law.
10.80.160 Deposit of Parkine Penalties with the Citv. All parking penalties
collected, including process service fees and costs related to civil debt collection, shall be
deposited to the.account of the processing agency, and then remitted to the City, if the City
is not also the processing agency.
If the City is not the processing agency, then the City shall enter into an
agreement with the processing agency for periodic transfer of parking citation receipts,
along with a report setting forth the number of cases processed and the sums received.
10.80.170 Filing of Annual Reports. The processing agency shall prepare an
audited report at the end of each fiscal year setting forth the number of cases processed, and
all sums received and distributed, together with any other information that may be
specified by the City or its authorized issuing agency or the State Controller. The report is a
public record and shall be delivered to the City and its authorized issuing agency."
PASSED, APPROVED AND ADOPTED, this 26th
ATTEST:
MARILYN. KERN
DEPUTY CITY CLERK
Ordinance No. 259-U
-7-
)S�ODFREY
MAYOR
bruary, 1996.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 259-U entitled:
AN URGENCY ORDINANCE OF THE CITY OF ROLLING
HILLS AMENDING CHAPTER 10.80 OF TITLE 10 OF THE
ROLLING HILLS MUNICIPAL CODE (RELATING TO PARKING
CITATION PROCESSING)
was approved and adopted at a regular meeting of the City Council on February 26, 1996.
AYES: Councilmembers Heinsheimer, Fill, Lay and Mayor Pernell.
NOES: None.
ABSENT: Mayor Pro Tem Murdock.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
�
MARILYN. KERN
DEPUTY CITY CLERK
Ordinance No. 259-U -8-
1
ORDINANCE NO. 259
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING
HILLS MUNICIPAL CODE (RELATING TO PARKING
CITATION PROCESSING)
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 10.80 to Title 10 of the Rolling Hills Municipal Code is
hereby amended to read as follows:
"PARKING CITATION PROCESSING
10.80.010 Title. This Chapter shall be known as the Parking Citation
Processing Ordinance of the City of Rolling Hills.
10.80.020 Definitions. Except where the context otherwise requires, the
definitions provided in this Section shall govern the construction of this Chapter.
A. "Agency" shall mean the "processing agency" as defined below.
B. "City" shall at all times refer to the City of Rolling Hills.
C. "Contestant" shall mean any "operator" or "registered owner" as
defined in this Section who contests a parking citation.
D. "Department" shall mean the Department of Motor Vehicles.
E. "Hearing Examiner" shall mean any qualified individual as set forth in
Vehicle Code Section 40215 appointed or contracted by the City to adjudicate parking
citation contests administratively.
F. "Issuing Agency" shall mean the City . authorized agent that issues
parking citations.
G. "Issuing Officer" shall mean a peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of the California Penal Code, or the successor
statutes thereto, or other issuing officer who is authorized to issue a parking citation.
H. "Operator" shall mean any individual driving and/ or in possession of
a vehicle at the time a citation is issued or the registered owner.
I. "Parking Citation" shall mean a notice that is personally given or
mailed to the operator, or attached to the operator's vehicle, informing the operator of a
parking, equipment and/or other vehicle violation and the operator's right to elect to pay
the fine for the violation or contest the citation.
J. "Parking Penalty" includes, the fine authorized by law for the
particular violation, any late payment penalties, administrative fees, assessments, costs of
collection as provided by law, and other related fees.
K. "Processing Agency" shall mean the City or its authorized agent that
processes parking citations and issues notices of delinquent parking violations on behalf of
the City.
L. "Registered Owner" shall mean the individual or entity whose name is
recorded with the Department of Motor Vehicles as having ownership of a particular
vehicle.
M. "Vehicle" shall mean any self-propelled vehicle operated or suitable
for operation on a highway.
Ordinance No. 259 - -1-
N. "Violation" shall mean any parking, equipment or other vehicle
violation as established pursuant to state law or local ordinance.
10.80.030 Authoritv to Contract with Outside Agencies. The City may issue
and/or process parking citations and notices of delinquent parking violations, or it may
enter into a contract with a private parking citation processing agency, or with another city,
county, or other public issuing or processing agency.
Any contract entered into pursuant to this Section shall provide for monthly
distribution of amounts collected between the parties, except amounts payable to the
County pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the
California Government Code, or the successor statutes thereto, and amounts payable to the
Department pursuant to California Vehicle Code Section 4763 or the successor statute
thereto.
10.80.040 Authoritv to Conduct Administrative Review Process: Hearing
Officer; Procedures. The processing agency may review appeals or other objections to a
parking citation pursuant to the procedures set forth in this Section.
A. For a period of twenty-one (21) calendar days from the issuance of the
parking citation, or fourteen (14) calendar days from the mailing of the notice of
delinquent parking citation, an operator may request initial review of the notice by the
issuing agency. The request for initial review may be made in writing, by telephone or in
person.
B. The initial review by the processing agency shall consist of those
procedures outlined in Subdivision 1 of Paragraph A of 10.80.130.
C. If the operator is dissatisfied with the results of the initial review, the
operator may contest the parking citation or notice of delinquent parking violation
through an administrative hearing process as outlined in Section 10.80.130.
In order to contest the parking citation, the operator must deposit with the
processing agency the full amount of the parking penalty on or before the twenty-first
(21st) calendar day following the mailing to that operator of the results of the processing
agency's initial review. At the same time, the operator must provide a written explanation
of the reason or reasons for contesting the parking citation on a form provided by the
processing agency. If the operator is unable to deposit the full amount of the parking
penalty, the operator must provide verifiable and substantial proof of an inability to
deposit the parking penalty. Upon presentation of such proof, the processing agency shall
proceed with the contest procedure despite the operator's failure to deposit the full
amount of the parking penalty. If it is ultimately determined that the operator is not liable
for the parking violation, then the full amount of the parking penalty deposited shall be
refunded.
The contestant may contest the parking citation either by written declaration,
on forms provided by the processing agency, or by personal appearance before a hearing
examiner.
D. The processing agency shall provide, through an administrative policy,
a procedure for contesting parking citations and notices of delinquent parking violations.
10.80.050 Process by which ParkinLy Citations Must Be Issued. Parking citations
shall be issued in accordance with the following procedures:
A. If a vehicle is unattended at the time that the parking citation is issued
for a parking violation, the issuing officer shall securely attach to the vehicle the parking
citation setting forth the violation, including reference to the section of the California
Vehicle Code, the City's Municipal Code, or other parking regulation violated; the date;
the approximate time of the violation; the location of the violation; a statement indicating
that payment is required to be made not later than twenty-one (21) calendar days from the
date of the violation; and the date by which the operator is to deposit the parking penalty
or contest the parking citation pursuant to Section 10.80.130. The citation shall state the
Ordinance No. 259 -2-
amount of the parking penalty and the address of the agent authorized to receive deposit
of the parking penalty.
The parking citation shall also set forth the vehicle license number and
registration expiration date, if such date is readable; the last four digits of the vehicle
identification number, if that number is visible through the windshield; the color of the
vehicle; and, if possible, the make of the vehicle.
B. The parking citation or copy thereof, shall be considered a record kept
in the ordinary course of business of the issuing agency and the processing agency, and
shall be prima facie evidence of the facts contained therein.
C. Once the parking citation is prepared and attached to the vehicle
pursuant to Paragraph A above, the issuing officer shall file notice of the parking violation
with the processing agency.
D. If during issuance of the parking citation, without regard to whether
the vehicle was initially attended or unattended, the vehicle is driven away prior to
attaching the parking citation to the vehicle, the issuing officer shall file the notice with
the processing agency. The processing agency shall mail, within fifteen (15) days of issuance
of the parking citation, a copy of the parking citation to the registered owner.
E. If after a copy of the parking citation is attached to the vehicle, or
personally given to the operator, the issuing agency or the issuing officer determines that
the issuing officer was in error in issuing the parking citation, the issuing officer or the
issuing agency may recommend, in writing, that the parking citation be canceled. The
written recommendation shall state the reason or reasons for cancellation and shall be
filed with the processing agency.
If after a copy of the notice of parking violation is attached to the vehicle, the
issuing officer determines that there is incorrect data on the notice, including but not
limited to the date or time, the issuing officer may indicate in writing, on a form attached
to the original notice, the necessary correction to allow for the timely entry of the notice on
the processing agency's data system. A copy of the correction shall be mailed to the
operator receiving the notice of parking violation.
Under no circumstances shall a personal relationship with any public official,
officer, issuing officer, or law enforcement agency be grounds for cancellation.
F. If a processing agency makes a finding that there are grounds for
cancellation as set forth in the City's administrative policy, or pursuant to any other basis
provided by law, then the finding or findings shall be filed with the processing agency, and
the parking citation shall be canceled pursuant to Subdivision 1 of Paragraph A of Section
10.80.130.
10.80.060 ParkinLy Penalties.
A. Parking penalties shall be established by resolution of the City.
B. All parking penalties received by the processing agency shall accrue to
the benefit of the City.
10.80.070 ParkinL, Penalties Received by Date Fixed: No Contest: Request to
Contest. If the parking penalty is received by the processing agency and there is no contest
by the date fixed on the parking citation, all proceedings as to that parking citation shall
terminate.
If the operator contests the parking citation, the processing agency shall
proceed in accordance with Section 10.80.130.
10.80.080 Parkine Penalties Not Received by Date Fixed. If payment of the
parking penalty is not received by the processing agency by the date fixed on the parking
citation, the processing agency shall deliver to the registered owner a notice of delinquent
parking violation pursuant to Section 10.80.090.
Ordinance No. 259 -3-
Delivery of a notice of delinquent parking violation may be made by personal
service or by first class mail addressed to the registered owner of the vehicle as shown on
the records of the Department.
10.80.090 Notice of Delinquent Parkine Violation; Contents. The notice of
delinquent parking violation shall contain the information required to be included in a
parking citation pursuant to Section 10.80.050. The notice of delinquent parking violation
shall also contain a notice to the registered owner that, unless the registered owner pays
the parking penalty or contests the citation within twenty-one (21) calendar days after
mailing the notice of delinquent parking violation or completes and files an affidavit of
nonliability that complies with Section 10.80.110 or Section 10.80.120, the vehicle
registration shall not be renewed until the parking penalties have been paid. In addition,
the notice of delinquent parking violation shall contain, or be accompanied by, an affidavit
of nonliability and information of what constitutes nonliability, information as to the
effect of executing an affidavit, and instructions for returning the affidavit to the issuing
agency.
If the parking penalty is paid within twenty-one (21) calendar days after the
mailing of the notice of delinquent parking violation, no late penalty or similar fee shall
be charged to the operator.
10.80.100 Copy of Citation upon Request by Registered Owner.
A. Within fifteen (15) days of request, made by mail or in person, the
processing agency shall mail or otherwise provide to the registered owner, or the registered
owner's agent, who has received a notice of delinquent parking violation, a copy of the
original parking citation. The issuing agency may charge a fee sufficient to cover the actual
cost of copying and/or locating the original parking citation, not to exceed two ($2) dollars.
Until the issuing or processing agency complies with a request to provide a copy of the
parking citation, the processing agency may not proceed to immobilize the vehicle in
question merely because the registered owner has received five or more outstanding
parking violations over a period of five or more days.
B. If the description of the vehicle on the parking citation does not
substantially match the corresponding information on the registration card for that vehicle
the processing agency shall, on written request of the operator, cancel the notice of parking
violation.
10.80.110 Affidavit of Nonliability: Leased or Rented Vehicle. A registered
owner shall be released from liability for a parking citation if the registered owner files
with the processing agency an affidavit of nonliability in a form satisfactory to the
processing agency and such form is returned within thirty (30) calendar days after the
mailing of the notice of delinquent parking violation together with proof of a written lease
or rental agreement between a bona fide rental or leasing company and its customer which
identifies the renter or lessee and provides the operator's driver's license number, name
and address. The processing agency shall serve or mail to the renter or lessee identified in
the affidavit of nonliability a notice of delinquent parking violation. The processing agency
shall inform the renter or lessee that he or she must pay the full amount of the fine, or
provide notice to the processing agency that he or she intends to contest the parking
citation pursuant to Section 10.80.130 within twenty-one (21) calendar days of the mailing
of the notice of delinquent parking violation. If the processing agency does not receive
payment of the parking citation or does not receive notice of an intent to contest within
twenty-one (21) calendar days, the processing agency may proceed against the renter or
lessee pursuant to Section 10.80.140.
10.80.120 Affidavit of Nonliabilitv: Sale. A registered owner of a vehicle shall
be released from liability for a parking citation issued to that vehicle if the registered owner
served with a notice of delinquent parking violation files with the processing agency,
within thirty (30) days of receipt of the notice of delinquent parking violation, an affidavit
of nonliability together with proof that the registered owner served with a notice of
delinquent parking violation has made a bona fide sale or transfer of the vehicle and has
delivered possession thereof to the purchaser prior to the date of the alleged violation. The
processing agency shall obtain verification from the Department that the former owner
Ordinance No. 259 -4-
1
1
has complied with the requirements necessary to release the former owner from liability
pursuant to California Vehicle Code Section 5602 or the successor statute thereto.
If the registered owner has complied with California Vehicle Code Section
5602, or the successor statute thereto, the processing agency shall cancel the notice of
delinquent parking violation with respect to the registered owner.
If the registered owner has not complied with the requirements necessary to
release the owner from liability pursuant to California Vehicle Code Section 5602, or the
successor statute thereto, the processing agency shall inform the registered owner that the
citation must be paid in full or contested pursuant to Section 10.80.130. If the registered
owner does not comply, the processing agency shall proceed pursuant to Section 10.80.140.
10.80.130 Contesting Parking Citation: Procedure.
A. If an operator or registered owner contests a parking citation or a notice
of delinquent parking violation, the processing agency shall do all of the following:
1. First, either investigate with its own records and staff or request
that the issuing agency investigate the circumstances of the citation with respect to the
contestants written explanation of the reason or reasons for contesting the parking citation.
If, based on the results of that investigation, the processing
agency is satisfied that the violation did not occur, because the registered owner was not
responsible for the violation by virtue of having sold, rented or leased the vehicle, or
because legally supportable or mitigating circumstances as set forth in the City's
administrative policy warrant a dismissal, the processing agency shall cancel the parking
citation, and make an adequate record of the reason or reasons for canceling the parking
citation. The processing agency shall mail the results of the investigation by first class mail
to the contestant within ten (10) days of the decision.
2. If the contestant is not satisfied with the results of the
investigation provided for in Subdivision 1, the contestant may, within twenty-one (21)
calendar days of the mailing of the results of the initial investigation, deposit the amount
of the parking penalty and other related fees or provide proof of an inability to deposit the
parking penalty, and request an administrative hearing. An administrative hearing shall
be held within ninety (90) calendar days following the receipt of a request for an
administrative hearing, excluding time tolled pursuant to Article 2 of Chapter 1 of
Division 17 of the Vehicle Code. The operator requesting the administrative hearing may
request one continuance, not to exceed twenty-one (21) calendar days.
3. If the contestant prevails at the administrative hearing, then the
full amount of the parking penalty deposited shall be refunded.
B. The administrative hearing procedure shall consist of the following:
1. The contestant shall make a written request for administrative
hearing on a form and in a manner satisfactory to the processing agency, and may request
to contest the parking citation either in person or by written declaration.
2. If the contestant is a minor, that person shall be permitted to
appear at a hearing or admit responsibility for a parking citation without the necessity of
the appointment of a guardian. The processing agency may proceed against the minor in
the same manner as if the minor were an adult.
3. The administrative hearing shall be conducted before a qualified
hearing examiner as defined in Vehicle Code Section 20215 and appointed or contracted by
.the City to conduct the administrative review.
C. The issuing officer shall not be required to participate in an
administrative hearing. The issuing agency shall not be required to produce any evidence
other than the parking citation or copy thereof, and information received from the
Department identifying the registered owner of the vehicle.
Ordinance No. 259 -5-
This documentation in proper form shall be considered prima facie evidence
of the violation.
D. The hearing examiner's final decision shall be in writing and delivered
personally to the contestant or the contestant's agent, or delivered by first class mail within
ten (10) working days following the hearing.
E. If the contestant is not the registered owner of the vehicle, all notices to
the contestant required under this Section shall also be given to the registered owner by
first class mail.
10.80.140 Collection of Unpaid Parking Penalties. Except as otherwise
provided below, the processing agency shall proceed under Paragraph A or Paragraph B,
but not both, in order to collect an unpaid parking penalty:
A. File an itemization of unpaid parking penalties and other related fees
with the Department for collection pursuant to the California Vehicle Code Section 4760 or
the successor statute thereto.
B. If more than four hundred ($400) dollars in unpaid parking penalties
and other related fees have been accrued by any one registered owner or the registered
owner's renter, lessee or sales transferee, proof thereof may be filed with the court which
has the same effect as a civil judgment. Execution may be levied and such other measures
may be taken for the collection of the judgment as are authorized for the collection of
unpaid civil judgments entered against a defendant in an action against a debtor.
The processing agency shall send notice by first-class mail to the registered
owner or renter, lessee, or sales transferee indicating that a civil judgment has been filed
and the date that the judgment shall become effective. The notice shall also indicate the
time: that execution may be levied against that person's assets, that liens may be placed
against that person's property, that the person's wages may be garnished, and that other
steps may be taken to satisfy the judgment. The notice shall also state that the processing
agency will terminate the commencement of a civil judgment proceeding if all parking
penalties and other related fees are paid prior to the date set for hearing. If judgment is
entered, then the City may file a writ of execution or an abstract with the court clerk's office
identifying the means by which the civil judgment is to be satisfied.
If a judgment is rendered for the processing agency, that agency may contract
with a collection agency.
The processing agency shall pay the established first paper civil filing fee at
the time an entry of civil judgment is requested.
C. If the registration of the vehicle has not been renewed for (60) days
beyond the renewal date, and the citation has not been collected by the Department
pursuant to the California Vehicle Code Section 4760, or the successor statute thereto, then
the processing agency may file proof of unpaid penalties and fees with the court which has
the same effect as a civil judgment as provided above in Paragraph B.
D. The processing agency shall not file a civil judgment with the court
relating to a parking citation filed with the Department unless the processing agency has
determined that the registration of the vehicle has not been renewed for sixty (60) days
beyond the renewal date and the citation has not been collected by the Department
pursuant to the California Vehicle Code Section 4760 or the successor statute thereto.
10.80.150 Oblization of Processing Azency Once Parking Penaltv Paid.
A. If the operator or registered owner served with notice of delinquent
parking violation, or any other person who presents the parking citation or notice of
delinquent parking violation, deposits the penalty with the person authorized to receive it,
the processing agency shall do both of the following:
1. Upon request, provide the operator, registered owner, or the
registered owner's agent with a copy of the citation information presented in the notice of
Ordinance No. 259 -6-
delinquent parking violation. The processing agency shall, in turn, obtain and record in its
records the name, address and driver's license number of the person actually given the
copy of the citation information.
2. Determine whether . the notice of delinquent parking violation
has been filed with Department or a civil judgment has been entered pursuant to Section
10.80.140.
B. If the processing agency receives full payment of all parking penalties
and other related fees and the processing agency has neither filed a notice of delinquent
parking violation nor entered a civil judgment, then all proceedings for that citation shall
cease.
C. If the notice of delinquent parking violation has been filed with the
Department and has been returned by the Department pursuant to the provisions of the
California Vehicle Code and payment of the parking penalty has been made, along with
any other related fees, then the proceedings for that citation shall cease.
D. If the notice of delinquent parking violation has been filed with the
Department and has not been returned by the Department, and payment of the parking
penalty for, and any applicable costs of, service in connection with debt collection have
been made, the processing agency shall do all of the following:
1. Deliver a certificate of payment to the operator, or other person
making payment,
2. Within five (5) working days transmit payment information to
the Department in the manner prescribed by the Department,
3. Terminate proceedings on the notice of delinquent parking
violation,
4. Deposit all parking penalties and other fees as required by law.
10.80.160 Deposit of Parking Penalties with the Citv. All parking penalties
collected, including process service fees and costs related to civil debt collection, shall be
deposited to the account of the processing agency, and then remitted to the City, if the City
is not also the processing agency.
If the City is not the processing agency, then the City shall enter into an
agreement with the processing agency for periodic transfer of parking citation receipts,
along with a report setting forth the number of cases processed and the sums received.
10.80.170 Filing of Annual Reports. The processing agency shall prepare an
audited report at the end of each fiscal year setting forth the number of cases processed, and
all sums received and distributed, together with any other information that may be
specified by the City or its authorized issuing agency or the State Controller. The report is a
public record and shall be delivered to the City and its authorized issuing agency."
PASSED, APPROVED AND ADOPTED, this 11th day,�f..lvlarch, 1996.
GO
hEY�PE4' 15-D.S.
MAYOR
ATTEST:
Y. k -0v
MARILYN. KERN
DEPUTY CITY CLERK
Ordinance No. 259 -7-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 259 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS
AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING
HILLS MUNICIPAL CODE (RELATING TO PARKING
CITATION PROCESSING)
was approved and adopted at a regular meeting of the City Council on March 11, 1996.
AYES: Councilmembers Heinsheimer, Hill, Lay and Mayor Pernell.
NOES: None.
ABSENT: Mayor Pro Tem Murdock.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
MARILYN .KERN
DEPUTY CITY CLERK
Ordinance No. 259 -8-
1
1
1
ORDINANCE NO. 260
AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING CERTAIN
DEFINITIONS AND CRITERIA FOR LOT DEVELOPMENT AND
AMENDING PORTIONS OF TITLE 16 (SUBDIVISIONS) TO CONFORM
WITH TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Paragraph (H) of Section 16.12.050 of Chapter 16.12 (Tentative Maps) of
Title 16 of the Rolling Hills Municipal Code is amended to read:
"H. The lot layout and the dimensions of each lot with: (i) a proposed twelve
thousand (12,000) square foot graded building pad that has an average slope of 10% or less
and is within allowable setbacks; (ii) a minimum four hundred fifty (450) square foot stable
area; and (iii) a five hundred fifty (550) square foot corral area. The grade of access to the
building pad shall not be greater than twelve percent (12%), and to the stable area not
greater than twenty-five percent (25%)."
Section 2. Paragraphs (B) and (C) of Section 16.16.010 of Chapter 16.16 (Design) of
Title 16 of the Rolling Hills Municipal Code is amended to read:
"B. Each lot in any subdivision located in the RA -S-1 zone shall have a net lot
area of not less than forty-three thousand, five hundred sixty (43,560) square feet. Each lot
in any subdivision located in the RA -S-2 zone shall have a net lot area of not less than
eighty-seven thousand, one hundred twenty (87,120) square feet.
C. For the purposes of this section "net lot area" shall be the total area included
within the lot lines of a property, exclusive of: (a) any and all perimeter easements
measured to a minimum lineal distance of ten feet perpendicular to the property lines; (b)
any portion of the lot or parcel of land used for roadway purposes; (c) any private drive or
driveway which provides access to any other lot or parcel; of land; and (d) the access strip
portion of a flag lot."
Section 3. Paragraph (D) of Section 16.16.040 of Chapter 16.16 (Design) of Title 16
of the Rolling Hills Municipal Code is amended to read:
"D. All lots shall have a depth equal to or greater than the lot width abutting the
front street easement and a slope less than or equal to twenty-nine (29) degrees."
Section 4. Chapter 16.16 (Design) of Title 16 is hereby amended to add a new
Section 16.16.170 to read:
"Each lot layout shall include (i) a proposed twelve thousand (12,000) square foot
graded building pad that has an average slope of 10% or less and is within allowable
setbacks; (ii) a minimum four hundred fifty (450) square foot stable area; and (iii) a five
hundred fifty (550) square foot corral area. The grade of access to the building pad shall not
be greater than twelve percent (12%), and to the stable area not greater than twenty-five
percent (25%)."
Section 5. Section 16.20.210 of Chapter 16.20 (Improvements) of Title 16 is hereby
amended to read:
"Gradine Prohibitions.
A. No building site shall be graded by the subdivider until such time as a
building permit has been issued pursuant to the Building Code of the City, for the erection
of a structure on the lot to be graded.
B. Maximum Disturbed Area. Disturbance shall be limited to forty percent of
the net lot or parcel of land area. Disturbance shall include any remedial grading
ORDINANCE NO. 260 -1-
(temporary disturbance), any graded slopes and building pad areas, any nongraded area
where impervious surfaces exist and any planned landscaped areas."
Section 6. Except as herein amended, Chapters 16.04 through 16.40 of Title 16 of
the Rolling Hills Municipal Code shall remain in full force and effect.
PASSED AND ADOPTED ON THE 27th DA;eOF MARCH, 1996.
�j
MAYOR
ATTEST:
JRILYNKE DEPUTY
lDEPU
,TY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 260 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING CERTAIN
DEFINITIONS AND CRITERIA FOR LOT DEVELOPMENT AND
AMENDING PORTIONS OF TITLE 16 (SUBDIVISIONS) TO CONFORM
WITH TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE.
was approved and adopted at a regular meeting of the City Council on March 27, 1996 by
the following roll call vote:
AYES: Councilmembers Hill, Lay, P4ayor Pro Tem Murdock and
Mayor Pernell.
NOES: None.
ABSENT: None.
ABSTAIN: Councilmember Heinsheimer
and in compliance with the laws of California was posted at the following:
Administrative Offices
DEPUTY CITY CLERI
ORDINANCE NO. 260 -2-
I.,
1