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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) -10- 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— A3 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 -4- 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- 46 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 -6- 4'7 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- M 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 -21- 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 -22- 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 • -26- Lao - 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- E, 1 1 1 1 1 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- 1 1 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- N C 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- 1 1 1 (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- 1 C 1 1 1 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- 1 1 1 (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- 1 1 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- 1 1 1 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 i � ATTEST: -------- 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. ----------- lo M Do MAYOR ATTEST: ----------- 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- 1 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- 1 1 1 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 1 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 — 1 1 1 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 - 5 - 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 — 1 1 1 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 — 1 1 1 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 — 1 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 - 14 - 1 1 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 — 1 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 — 1 1 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 - 19 - 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 — 20 — 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 — 2 1 — 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 - 23 - 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 -24- 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. 951201 R6980-00001rdw 1101295 0 — 31 — J 1 1 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. 951201 R6990-00001 rdw 1101295 0 — 32 — 1 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. 951201 R6980-00001 rdw 1101295 0 — 33 — 1 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 951201 R6980-00001 rdw 1101295 0 - 34 - 1 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: 951201 R69M00001 rdw 1101295 0 — 35 — 1 903.5 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: 951201 R69M00001 rdw 1101295 0 — 36 — 1 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. 951201 R6980-00001 rdw 1101295 0 — 37 — 1 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. 951201 86980.00001 rdw 1101295 0 — 38 — 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. 951201 R6980-00001 rdw 1101295 0 — 39 — 1 i 1 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 951201 R6980-00001rdw 1101295 0 — 40 — i 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 951201 R6980-00001rdw 1101295 0 — 40 — i 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. 951201 86980.00001 rdw 1101295 0 — d 1 — 1 1 A 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: 951201 R6980-00001rdw 1101295 0 — 42 — i 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. 951201 R69M00001 rdw 1101295 0 — 43 — 1 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 1 - 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. 951201 86980.00001 rdw 1101295 0 — 47 — 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), 951201 R6980-00001 rdw 1101295 0 — 48 1 (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 — 1 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. 951201 R6980-00001 rdw 1101295 0 — 51 — u 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 951201 R6980-00001 rdw 1101295 0 — 54 — I-- 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 — J 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 951201 R69M00001 rdw 1101295 0 57 1 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 951201 R6980-00001 rdw 1101295 0 i 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 — 1 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: 951201 R6980-00001 rdw 1101295 0 — 60 — 1 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. 951201 R6980-00001 rdw 1101295 0 — 61 — 1 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 — 1 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 1 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: 951201 86980-00001 rdw 1101295 0 — 65 — 1 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 951201 86980-00001 rdw 1101295 0 — 66 — 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