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261-338
ORDINANCE NO. 261-U AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: I- SECTION 1. Title 10 of the Rolling Hills Municipal Code is hereby amended to read: Title 10 VEHICLES AND TRAFFIC Chavters: 10.01 General Provisions 10.04 Definitions 10.08 Advisory Traffic Commission 10.12 Traffic Enforcement Authoritv 10.16 Drivers' Licenses and Vehicle Reeistration 1020 Accident Reports, 1024 Bicvcles 10.28 Sips, Signals, Devices and Markings 10.32 Driving, Overtaking and Passing 10.36 Right-of-Wav 10.40 Pedestrians 10.42 Skateboards and Roller Skates 1044 1048 Turning Movements, Speed Regulations 10.52 Stopping, Standing and Parking 10.56 Abandoned Vehicles 10.60 Miscellaneous Driving Rules 10.64 Public Offenses 10.68 Vehicle Equipment 10.72 Towing 10.76 Procedure on Arrest 10.80 Parking Citation Processing 10.84 Penalties Chapter 10.01 GENERAL PROVISIONS Sections: 10.01.010 All roads private. 10.01.020 Statutory authority. 10.01-010 All roads private. All the roads in the City are private roads, maintained by the Rolling Hills Community Association, and (other than for public safety) no public i funds are used in the construction or maintenance thereof. 10.01.020 Statutory authority. In 1959 the Legislature of the State of California enacted certain legislation designated as the California Vehicle Code, which contained Section 21107, which section, among other things, authorized and empowered the City to adopt rules and regulations by ordinance or resolution for the purpose of regulating vehicular traffic on privately owned and maintained roads. Said Section 21107 reads as follows: Ordinance No. 261-U SEE ORDINANCE NO. 261 Ll 1 10.84.030 Penaltv--Infractions. Unless a different penalty is expressly provided by this title, except as otherwise provided in this title, every person convicted of an infraction for a violation of this title shall be punished as set forth in Section 1.08.020(B) of this Code. All violations of this title that are not felonies or misdemeanors shall be infractions. 10.84.040 Infractions misdemeanors when. Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this title within the twelve-month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged. 10.84.050 Bail Schedule. The City Council may adopt a bail schedule for violations of this title by resolution. SECTION 2. The adoption of this ordinance is for the immediate preservation of the public peace, health and safety. Such an ordinance must be adopted and must become effective immediately in order to allow the expeditious, orderly, and consistent enforcement and processing of traffic violations. SECTION 3. This ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 12th day of August, 1996. JODY MUR CK MAYOR ATTEST: MARILYYNK N DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 261 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEROF was approved and adopted at a regular meeting of the City Council on August 12, 1996 by the following roll call vote: AYES: Councilmembers Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: Councilmember Heinsheiner. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices T. Cd �� DEPUTY CI >SY CLERK Ordinance No. 261-U -44- ORDINANCE NO. 261 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Title 10 of the Rolling Hills Municipal Code is hereby amended It to read: Title 10 VEHICLES AND TRAFFIC Chapters: 10.01 General Provisions 10.04 Definitions 10.08 Advisory Traffic Commission 10.12 Traffic Enforcement Authoritv 10.16 Drivers'. Licenses and Vehicle Registration 1020 Accident Reports 1024 Bicvcles 10.28 Signs, Signals, Devices and Markings 10.32 Driving, Overtaking_ and Passing 10.36 Right-of-Wav 10.40 Pedestrians 10.42 Skateboards and Roller Skates 1044 Turning Movements 1048 Speed Regulations 10.52 Stopping, Standing and Parking 10.56 Abandoned Vehicles 10.60 Miscellaneous Driving Rules 10.64 Public Offenses 10.68 Vehicle Equipment 10.72 Towine 10.76 Procedure on Arrest 10.80 Parkine Citation Processing 10.84 Penalties Chapter 10.01 GENERAL PROVISIONS Sections: 10.01.010 All roads private. 10.01.020 Statutory authority. 10.01.010 All roads private. All the roads in the City are private roads, maintained by the Rolling Hills Community Association, and (other than for public safety) no public funds are used in the construction or maintenance thereof. 10.01.020 Statutory authority. In 1959 the Legislature of the State of California enacted certain legislation designated as the California Vehicle Code, which contained Section 21107, which section, among other things, authorized and empowered the City to adopt rules and regulations by ordinance or resolution for the purpose of regulating vehicular traffic on privately owned and maintained roads. Said Section 21107 reads as follows: Ordinance No. 261 -1- "Private roads. The provisions of this code shall not prevent any city from adopting rules and regulations by ordinance or resolution regulating vehicular traffic on privately owned and maintained roads located within the boundary of such city, except that no such ordinance or resolution shall be . effective until signs giving notice thereof are posted on the roads affected. The provisions of this section shall not apply to any city in which there are publicly maintained city streets." Chapter 10.04 DEFINITIONS Sections: 10.04.010 Generally. 10.04.020 Curb or berm. 10.04.030 Deputy Sheriff. 10.04.040 Driver. 10.04.050 Driveway. 10.04.060 Easement. 10.04.070 Motorcycle. 10.04.080 Motor -driven cycle. 10.04.090 Road or roadway. 10.04.100 Stop or stand -- When prohibited. 10.04.110 Vehicle. 10.04.010 Generallv. The following words and phrases, when used in this title, shall for the purpose of this title have the meaning respectively ascribed to them in this chapter. 10.04.020 Curb or berm. "Curb" or "berm" means the lateral boundary of the road or roadway, whether such boundary is marked and constructed as part of said roadway or not so marked. 10.04.030 Deputv Sheriff. "Deputy Sheriff" means any deputy of the Sheriff of Los Angeles County duly appointed and compensated by the Sheriff of Los Angeles County who is authorized to direct or regulate traffic or to make arrests for violations of this title. In time of emergency or when called to the assistance of any Deputy Sheriff, all peace officers of the State as defined by Section 836 of the California Penal Code shall enjoy all the provisions of this title relating to a Deputy Sheriff. 10.04.040 Driver. A "driver" is a person who drives or is in actual physical control of a vehicle. 10.04.050 Driveway. "Driveway" is a way or place within the City in private ownership and in use for vehicular traffic by the owner thereof and those having express or implied permission from the owner, but not by other members of the public. 10.04.060 Easement. "Easement" means a strip of land of variable width reserved for the use of the members of the Rolling Hills Community Association, their invitees and guests, and far the purpose of erecting, constructing and operating roads, streets, bridle trails, parkways, park areas, poles, wires and conduits for the transmission of electricity, telephone and other purposes, and for the necessary attachments and equipment used in connection therewith; sewers, storm drains, land drains, pipes, water systems, water heating and gas mains or pipes and any other method of conducting and/or performing any utility service or function beneath the surface of the ground. 10.04.070 Motorcvcle. A. A "motorcycle" is any motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and weighing less than 1,500 pounds. Ordinance No. 261 -2- B. A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision A. C. A motor vehicle that is electrically powered, has a maximum speed of 45 miles per hour, and weighs less than 2,500 pounds, is a motorcycle if the vehicle otherwise comes within the definition of subdivision A. D. A farm tractor is not a motorcycle. E. A motor vehicle that otherwise meets the requirements of subdivision A, has 15 a partially or completely enclosed seating area for the driver and passenger, and is used by local public agencies for the enforcement of parking control provisions, is not a motorcycle. 10.04.080 Motor -driven cycle. A "motor -driven cycle" is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor -driven cycle does not include a motorized bicycle., 10.04.090 Road or roadway. "Road" or "roadway" means a way or place within the City maintained without expenditure of public funds (other than for public safety) by the Rolling Hills Community Association, shown as a• private road on a subdivision map or record of survey map on record in the office of the County Recorder, or the maintenance of which has been assumed by the above-mentioned association by written instrument. The term "road" includes as a part thereof the entire right-of-way, including any trails or walkways. The following and only the following ways and places are private roads for the purposes of this title: Acacia Lane Acacia Road Blackwater Canyon Road Bowie Road Buckboard Lane Buggy Whip Caballeros Road Chestnut Lane Chuckwagon Road Cinchring Road Crest Road Eastfield Drive El Concho Lane Eucalyptus Lane Flying Mane Lane Flying Mane Road Georgeff Road Hackamore Road Hillside Lane Johns Canyon Road Maverick Lane Meadow Lark Lane Middleridge Lane (North and South) Open Brand Road Outrider Road Packsaddle Road Pine Tree Lane Pinto Road Poppy Trail Portuguese Bend Road Possum Ridge Road Quailridge Road (North and South) Ranchero Road Reata Lane Ringbit Lane Roadrunner Road Ordinance No. 261 -3- Roundup Road Running Brand Road Saddleback Road Southfield Drive Spur Lane Wagon Lane Wideloop Road Williamsburg Lane Wrangler Road 10.04.100 Stop or stand -- When prohibited. "Stop or stopping" when prohibited shall mean any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a Deputy Sheriff, fire fighter, gate guard or official traffic control device or signal. 10.04.110 Vehicle. A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a road, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Chapter 10.08 ADVISORY TRAFFIC COMMISSION Sections: 10.08.010 Established --Membership. 10.08.020 Duties. 10.08.010 Established --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 years. 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 Council member. A Vice Chairperson shall be elected by the Commission. 10.08.020 Duties. The Advisory Traffic Commission shall have the power and duty: A. Make recommendations to the City Council regarding traffic regulations, signs and devices, on -street parking controls, lane striping and driveway curb cuts. B. Make recommendations to the City Council regarding administration and enforcement of traffic regulations. Chapter 10.12 TRAFFIC ENFORCEMENT AUTHORITY Sections: 10.12.010 Authority of Deputy Sheriffs. 10.12.020 Inspections of vehicles by Deputy Sheriffs. 10.12.030 Control of illegal size or weight. 10.12.040 Authority of fire fighters. 10.12.050 Authority of gate guards. 10.12.060 Unauthorized traffic direction prohibited. 10.12.070 Compliance with directions required. 10.12.080 Interference with officers prohibited. 10.12.090 Giving false information to officers prohibited. 10.12.100 Applicability of regulations. 10.12.110 Applicability to public vehicles. 10.12.120 Exemption of emergency vehicles. 10.12.130 Parking exemptions --City vehicles --Utilities --Post Office vehicles. Ordinance No. 261 -4- 1 .10.12.010 Authoritv of Deputv Sheriffs. It shall be the duty of the Office of the Sheriff of Los Angeles County, through his deputies, to enforce all traffic laws of the City or statutes applicable to the regulation of traffic in the City. Deputy Sheriffs are authorized to direct all traffic in the City by voice, hand, or other signal in conformance with the traffic laws of the City and statutes applicable to traffic in the City; provided, however, that in the event of accident, fire, hazard, danger, or other emergency, or to expedite traffic or to safeguard pedestrians, Deputy Sheriffs may direct traffic as conditions may require. - 10.12.020 Inspections of vehicles by Deputy Sheriffs. Any Deputy Sheriff having reasonable cause to believe that any vehicle or combination of vehicles is not equipped or maintained as required by this title; is in such unsafe condition as to endanger any person; is not safely loaded; or that the width, length, height, weight or load is unlawful, may require the driver to stop and submit the vehicle or combination of vehicles to measurement, weighing, inspection of its equipment and load, and to such tests as, may be appropriate to determine the safety of persons and compliance with this title. 10.12.030 Control of illegal size or weight. If the Deputy Sheriff determines that the vehicle is not safely loaded or that the height, width, length, or weight is unlawful, he may require the driver to stop in a suitable place and reload or remove such portion of the load as may be necessary to render the load safe or to reduce it to the limits permitted under this title. A "suitable place" is an area which allows the least obstruction to the road and which requires the least travel on the road by the vehicle. Determination of the suitability of an area shall be made by the Deputy Sheriff who requires the adjustment. All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator. If the height, width or length of the vehicle is unlawful, irrespective of any load thereon,. or if an unladen vehicle is overweight, the Deputy Sheriff may prohibit further movement of the vehicle until a permit is obtained from the City Manager. 10.12.040 Authoritv of fire fighters. Members of the Los Angeles County Fire Department, when at the scene of a fire, accident, hazard, danger or other emergency, or when in the course of their official duties, or to protect the persons or equipment of the Fire Department, may direct or assist Deputy Sheriffs in directing traffic within the City. 10.12.050 Authoritv of gate guards. Rolling Hills gate guards are authorized to direct traffic at the gate entrances to the City; and, in case of emergency and in the absence of a Deputy Sheriff, or at the direction of a Deputy Sheriff, gate guards may direct traffic at all other places within the City. 10.12.060 Unauthorized traffic direction prohibited. No person other than a Deputy Sheriff, Los Angeles County fire fighter, Rolling Hills gate guard, or a person directed by a Deputy Sheriff, shall direct or attempt to direct traffic by voice, hand, or other signal. 10.12.070 Compliance with directions required. No person shall fail or refuse to comply with, or perform any act forbidden by, any lawful order, signal or direction of a Deputy Sheriff, Los Angeles County fire fighter, or a person authorized and directed by a Deputy Sheriff when acting in accordance with or carrying out the provisions of this title or other applicable law. 10.12.080 Interference with officers prohibited. A. No person shall interfere with or obstruct in any way a Deputy Sheriff or other officer or employee of the City in his enforcement of the provisions of this title. B. The removal, obliteration, or concealment of any chalk mark or other distinguishing marks used by a Deputy Sheriff or other employee or officer of the City in connection with the enforcement of the parking regulations of this title shall, if done for the purpose of evading the provisions of this title, constitute such interference or obstruc- tion. 10.12.090 Giving false information to officers prohibited. No person shall give, either orally or in writing, information to a Deputy Sheriff or other peace officer while in the performance of his duties when such person knows that the information is false. Ordinance No. 261 -5- 10.12.100 Applicability of regulations. The regulations set forth in this title shall give to every person operating a vehicle of any nature whatsoever upon any road, within the City and other places as provided in this title and, except as to those provisions which by their very nature can have no application, shall apply to every person riding a bicycle, riding, driving or leading any animal, and to pedestrians walking or running on the roadway. 10.12.110 Applicabilitv to public vehicles. The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the United States Government, the State, or any County or City in the State; and it is unlawful for any said operator to violate any of the provisions of this title except as otherwise permitted in this title. 10.12.120 Exemption of emergency vehicles. The provisions of this title regulating the operation, parking and standing of vehicles, shall not apply to emergency vehicles or to a public utility vehicle in response to an emergency. The foregoing exemptions shall not, however, relieve the operator of such vehicle from the obligation to exercise due care for the safety of others or from the consequences of his willful disregard for the safety of others. 10.12.130 Parking exemptions --City vehicles --Utilities --Post Office vehicles. The provisions of this title regulating the parking and standing of vehicles shall not apply to any vehicle of a department of the City or a public utility while necessarily in use for construction or repair work, or to any vehicle owned or operated by the United States Post Office Department while in use for the collection, or transportation or delivery of the United States mail. Chapter 10.16 DRIVERS' LICENSES AND VEHICLE REGISTRATION Sections: 10.16.010 Drivers' license required. 10.16.020 Appropriate license required. 10.16.030 Possession of license required. 10.16.040 Presentation of license upon demand required. 10.16.050 Obtaining of duplicate license required when. 10.16.060 Driving with suspended or revoked license prohibited. 10.16.070 Permitting unlicensed driving prohibited. 10.16.080 Permitting unlicensed minor to drive prohibited. 10.16.090 Vehicle registration. 10.16.010 Driver's license required. A. No person shall drive a motor vehicle upon a road unless he then holds a valid driver's license issued under Division 6 of the California Vehicle Code, except such persons as are expressly exempted under the California Vehicle Code. B. No person shall drive any motorcycle, motor -driven cycle, or motorized bicycle upon a road, unless the person then holds a valid driver's license or endorsement issued under the California Vehicle Code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles with a valid driver's license of any class. 10.16.020 Appropriate license required. No person shall drive a motor vehicle or combination of vehicles that is not of a type for which he is licensed. 10.16.030 Possession of a license required. The operator of a motor vehicle shall have the driver's license issued to him in his immediate possession at all times when driving on any road within the City. Ordinance No. 261 -6- 1 1 10.16.040 Presentation of license upon demand required.. The driver of a motor vehicle shall present his driver's license for examination upon demand of a Deputy Sheriff enforcing the provisions of this title. 10.16.050 Obtaining of duplicate license required when. In the event a driver's license required by this title is lost, destroyed or mutilated, the person to whom it was issued shall obtain a duplicate driver's license as required by this title. 10.16.060 Driving with suspended or revoked license prohibited.. No person shall drive a motor vehicle upon a road within the City when his driving privilege is suspended or revoked by the California Department of Motor Vehicles for any reason. 10.16.070 Permitting unlicensed driving prohibited,. No person shall employ or hire any person to drive a motor vehicle, nor shall he knowingly permit or authorize the driving of a motor vehicle owned by him or under his control upon the roads of the City by any person, unless the person is then licensed. as required_ by this title for the appropriate class of vehicle to be driven. 10.16.080 Permitting unlicensed minor to drive prohibited. No person shall cause or knowingly permit his child, ward or employee under the age of eighteen years to drive a motor vehicle upon any road in the City unless such child, ward, or employee is then licensed as required by this title. 10.16.090 Vehicle registration. All motor vehicles operated on any road within the City shall be registered as required by Division 3 of the California Vehicle Code. Chapter 10.20 ACCIDENT REPORTS Sections: 10.20.010 Accidents involving death or injury -Stopping required --Penalty. 10.20.020 Accidents involving death or injury --Duties of driver. 10.20-030 Accidents involving death --Duties of driver. 10.20.040 Accidents involving property damage --Duties of driver. 10.20.050 Evidence of identification. 10.20.060 Damage to public or utility property -Duties of driver. 10.20.070 Damage to public or utility property -Accident report contents. 10'20.010 Accidents involving death or inJ urv-Stop ping required --Penalty. The driver of any vehicle involved in an accident resulting in injury to any person, other than himself, or death of any person, shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 10.20.020 and 10.20.030. 10.20.020 Accidents involving death or in ' Jury --Duties of driver. The driver of any vehicle involved in an accident resulting in injury or death of any person shall also give his name, current residence address, the names and current residence address of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he is driving, the name and current residence address of the owner, and upon re- quest and if available exhibit his driver's license or, in the case of an injured occupant, any other available identification, to the person struck or the driver or occupants of any vehicle collided with and shall give such information and exhibit such identification to any traffic officer or Deputy Sheriff at the scene of the accident and shall render to any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by the injured person. 1 10.20.030 Accidents involving death --Duties of driver. In the event of death of any person resulting from accident, the driver of any vehicle involved after fulfilling the requirements of this chapter, and if there is no traffic officer or Deputy Sheriff at the scene Ordinance No. 261 -7- of the accident to whom to give the information required by Section 10.20.020, shall, with- out delay, report the accident to the nearest office of the Department of the California Highway Patrol or the Sheriff's office and submit with the report the information required by Section 10.20.020. 10.20.040 Accidents involving property damage --Duties of driver. A. The driver of any vehicle involved in an accident resulting in damage to any property, including vehicles, shall immediately stop the vehicle at the scene of the accident and do either of the following: (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties. (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the Sheriff's Department. B. Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements. 10.20.050 Evidence of identification. If the driver does not have his driver's license in his possession, he shall exhibit other valid evidences of identification to the occupants of a vehicle with which he collided. 10.20.060 DamaQ_e to public or utilitv property -Duties of driver. The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned, or owned by a public utility, including but not limited to any fire hydrant or utility pole, to any tree, traffic control device or other property of a like nature located in or along any road, shall within twenty-four hours after such accident, make a written report of such accident to the City Manager. 10.20.070 Damage to public or utilitv Propertv-Accident report contents. Every report required by Section 10.20.070 shall state the time when and the place where the accident took place; and the name and address of the person owning and the person operating or in charge of such vehicle or animal; and the license number, if any, of every such vehicle; and shall briefly describe the property damage in such accident. Sections: 10.24.005 10.24.010 10.24.020 10.24.030 10.24.040 10.24.050 Chapter 10.24 BICYCLES Bicycle defined. Applicability of regulations. Equipment requirements. Keeping to right required when. Attaching to vehicles prohibited. Carrying articles. Ordinance No. 261 -8- 1 J 10.24.005 Bicycle defined. A "bicycle" is a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears and having one or more wheels. 10.24.010 Applicability of regulations. Every person riding a bicycle upon a roadway has all the rights and is subject to all the duties applicable to the driver of a vehicle by this title except those provisions which by their very nature can have no application. 10.24.020 Equipment requirements. No person shall operate a bicycle on a road unless it is equipped as prescribed and required in Division 11, Chapter 1, Article 4 of the California Vehicle Code. 10.24.030 Keeping to right required when. • A. Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: (1) When overtaking and passing another bicycle or vehicle proceeding in the same direction. (2) When preparing for a left turn at an intersection or into a private road or driveway. (3) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. B. Any person operating a bicycle upon a roadway which carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable. 10.24.040 Attaching to vehicles prohibited. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle on the roadway. 10.24.050 Carrving articles. No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars. Chapter 10.28 SIGNS, SIGNALS, DEVICES AND MARKINGS a Sections: 10.28.010 Signs required for enforcement. 10.28.020 Obedience to traffic control signals and devices. 10.28.030 City Manager authority --Traffic control device placement --Generally. 10.28.040 City Manager authority --Traffic control device placement --State law compliance. 10.28.050 City Manager authority --Traffic control device placement --Additional devices. 10.28.060 City Manager authority --Lane markings. 10.28.070 City Manager authority --Roadway markings. 10.28.080 City Manager authority --Intersection markings. 10.28.090 City Manager authority --Traffic control device removal. 10.28.100 Unauthorized painting of berms prohibited. 10.28.110 Driving to left of double lines prohibited when. Ordinance No. 261 -9- 10.28.120 Crossing double lines permitted --Passing. 10.28.130 Crossing double lines permitted --Turns. 10.28.140 Unauthorized interference with traffic control signals and devices prohibited. 10.28.150 Reflective devices --Prohibition 10.28.010 Signs required for enforcement. No provision of this title for which signs are required, shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. 10.28.020 Obedience to traffic control signals and devices. The driver of any vehicle, the person in charge of any animal, and any pedestrian shall obey the instructions of any official traffic control signal or device applicable to him and placed as provided by law, unless otherwise directed by a Deputy Sheriff or traffic officer or when it is necessary for the purpose of avoiding a collision or in case or other emergency. 10.28.030 City Manager authority --Traffic control device placement --General. The City Manager shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this title. 10.28.040 City Manager authority --Traffic control device placement --State law compliance. Whenever the California Vehicle Code requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law, the City Manager is authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto and to make public notification of the applicability of such devices. 10.28.050 City_ Manager authoritv--Traffic control device placement --Additional devices. The City Manager may also place and maintain or cause to be placed and maintained such additional traffic control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in this title or as may be determined by ordinance or resolution of the Council. 10.28.060 City Manager authority --Lane markings. The City Manager is authorized to mark centerlines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the road. 10.28.070 City Manager authority--Roadwav markings. The City Manager is authorized to place and maintain distinctive roadway markings as described in the California Vehicle Code on those roads or parts of roads where the volume of traffic or the vertical slope or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such markings or signs and markings shall have the same effect as similar markings placed by the State Department of Public Works pursuant to the provisions of the California Vehicle Code. 10.28.080 City Manager authority --Intersection markings. The City Manager is authorized to place official traffic control devices, signs, or markings within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, , and the City Manager is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance. 10.28.090 City Manager authoritv--Traffic control device removal. The City Manager is authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the California Vehicle Code or this title whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist. 10.28.100 Unauthorized painting of berms prohibited. No person, unless authorized by the City, shall paint any road or berm surface; provided, however, that this Ordinance No. 261 -10- section shall not apply to the painting of numbers of a berm or road surface by any person who has complied with the provisions of any resolution or ordinance of the City pertaining thereto. 10.28.110 Driving to left of double lines prohibited when. When double parallel solid white or yellow lines are in place, upon a road surface, no person driving a vehicle shall drive to the left thereof except as permitted by this title. 10.28.120 Crossing double lines permitted --Passing. When double parallel lines, one of which is broken, -are in place, no person driving a vehicle shall drive to the left thereof, except that the driver on that side of the roadway in which the broken line is in place may cross over the. double line or drive to the left thereof when overtaking or passing other vehicles. 10.28.130 Crossing double lines permitted --Turns. Neither the provisions of Section 10.28.110 or Section 10.28.120 shall prevent a driver from turning to the left across any such marking at any intersection or into or out of a driveway, or making a U-turn under the rules governing such movement. 10.28.140 Unauthorized interference with traffic control signals and devices prohibited. No person shall without lawful authority deface, injure, attach any material or substance or material to, knock down, or remove, nor shall any person shoot at, any official traffic control signal, device, traffic guidepost, traffic signpost or road name sign placed or erected by the City; nor shall any person without such authority deface, injure, attach any material or substance to, or remove, nor shall any person shoot at, any inscription, shield, or insignia on any such device, guide or marker. 10.28.150 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. Chapter 10.32 DRIVING, OVERTAKING AND PASSING Sections: 10.32.010 Driving on right required --Exceptions. 10.32.020 Slow-moving vehicles. 10.32.030 Driving with obstructed view prohibited. 10.32.040 Interference with driver's control prohibited. 10.32.050 Following too closely prohibited. 10.32.060 Following emergency vehicles too closely prohibited. 10.32.070 Driving over fire hose prohibited. 10.32.080 Towed vehicles swerving. 10.32.090 Towing more than one vehicle prohibited when. 10.32.100 Coasting in neutral prohibited. 10.32.110 Unlawful riding. 10.32.120 Overtaking and passing --Generally. 10.32.130 Overtaking and passing --Sufficient clearance required. 10.32.140 Driving on left prohibited when. 10.32.150 Overtaking and passing --Yielding to passing vehicle. 10.32.160 Overtaking and passing --On right. 10.32.170 Overtaking and passing --Passing animals. 10.32.010 Driving on right required --Exceptions. Upon all roads, a vehicle shall be driven upon the right half of the road, except as follows: A. When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement. B. When placing a vehicle in a lawful position for, and when the vehicle is lawfully making, a left turn. Ordinance No. 261 -11- yf'.i,; C. When the right half of a road is closed to traffic under construction or repair. D. Upon a road restricted to one-way traffic. E. When the road is not of sufficient width. F. When the vehicle is necessarily traveling so slowly as to impede the normal movement of traffic, that portion of the road adjacent to the right edge of the road may be utilized temporarily when in a condition permitting safe operation. - G. This section does not prohibit the operation of bicycles on any shoulder of a road, where the operation is not otherwise prohibited by this title. 10.32.020 Slow-moving vehicles. A. Notwithstanding the prima facie speed limits, any vehicle proceeding upon a road at a speed less than the normal speed of traffic moving in the same direction at such time shall be driven in the right-hand lane for traffic or as close as practicable to the right- hand edge or curb, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. B. If a vehicle is being driven at a speed less than the normal speed of traffic moving in the same direction at such time, and is not being driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, it shall constitute prima facie evidence that the driver is operating the vehicle in violation of subdivision A of this section. C. The City Manager may place and maintain upon roads official signs directing slow-moving traffic to use the right-hand traffic lane except when overtaking and passing another vehicle or preparing for a left turn. 10.32.030 Driving with obstructed view prohibited. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. 10.32.040 Interference with driver's control prohibited. No person shall willfully interfere with the driver of a vehicle or with the mechanism thereof in such manner as to affect the driver's control of the vehicle. The provisions of this section shall not apply to a drivers' license examiner or other employee of the Department of Motor Vehicles when conducting the road or driving test of an applicant for a driver's license nor to a person giving instruction as a part of a course in driver training conducted by a public school, educational institution or a driver training school licensed by the Department of Motor Vehicles. 10.32.050 Following too closelv prohibited. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of the road. 10.32.060 Following emergency vehicles too closely prohibited. No motor vehicle, except an authorized emergency vehicle, shall follow within three hundred feet of any authorized emergency vehicle which is responding to an emergency call. 10.32.070 Driving over fire hose prohibited. No person shall drive or propel any vehicle or conveyance upon, or over or across or in any manner damage any fire hose or chemical hose used under the supervision and control of the Fire Department except when suitable jumpers or other appliances are installed to protect the hose. 10.32.080 Towed vehicles swerving. No person shall operate a train of vehicles when any vehicle being towed whips or swerves from side to side or fails to follow substantially in the path of the towing vehicle. Ordinance No. 261 -12- 1 1 10.32.090 Towing more than one vehicle prohibited when. No passenger vehicle, regardless of weight, or any other motor vehicle under four thousand pounds unladen, shall draw or tow more than one vehicle in combination, except that an auxiliary dolly or tow dolly may be used with the towed vehicle. No motor vehicle under 4,000 pounds unladen shall tow any vehicle weighing 6,000 pounds or more gross. 10.32.100 Coasting in neutral prohibited. The driver of a motor vehicle when traveling downgrade, shall not coast with the gears of such vehicle in neutral. 10.32.110 Unlawful" riding. A. No person driving a motor vehicle shall knowingly permit any person to ride on any vehicle or upon any portion thereof not designed or intended for the use of passengers. B. No person shall ride on any vehicle or upon any portion thereof not designed or intended for the use of passengers. C. Subdivisions A and B shall not apply to any employee engaged in the necessary discharge of his duty or in the case of persons riding completely within or upon vehicle bodies in spaced intended fof any load on the vehicle. D. No person shall drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying any vessel, containing any passenger, except when a trailer carrying or designed to carry a vessel is engaged in the launching or recovery of the vessel. E. No person shall knowingly drive a motor vehicle which is towing any person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, skis, or toy vehicle. F. Subdivision D shall not apply to a trailer coach being towed with a fifth -wheel device if the trailer coach is equipped with safety glazing materials wherever glazing materials are used in windows or doors, with an audible or visual signaling device which a passenger inside the trailer coach can use to gain the attention of the motor vehicle drive, and with at least one unobstructed exit capable of being opened from both the interior and exterior of the trailer coach. 10.32.120 Overtaking and passing--Generallv. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle, subject to the limitations and exceptions hereinafter stated. 10.32.130 Overtaking and passing --Sufficient clearance required. On a two-lane road, no vehicle shall be driven to the left side of the center of the road in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such over- taking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction. 10.32.140 Driving on left prohibited when. No vehicle shall be driven to the left side of the road under the following conditions: A. When approaching or upon the crest of a grade or a curve in the road where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction. B. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel. C. When approaching within 100 feet of or when traversing any intersection or railroad grade crossing. This section shall not apply upon a one-way road. Ordinance No. 261 -13- 10.32.150 Overtaking and passing --Yielding to passing vehicle. Except when passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. 10.32.160 Overtaking and vassing--On right. The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions: A. When the vehicle overtaken is making or about to make a left turn. B. Upon a road within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel. C. Upon any road outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel. D. Upon a one-way street. E. Upon a road divided into two roadways where traffic is restricted to one direction upon each of such roadways. The provisions of this section shall not relieve the drive of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway. 10.32.170 Overtaking and passing --Passing animals. The driver of any vehicle, except an authorized emergency vehicle in response to an emergency, approaching any horse drawn vehicle, any ridden animal, or any livestock, shall exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary or as maybe signaled or otherwise requested by any person driving, riding or in charge of the animal or livestock in order to avoid frightening and to safeguard the animal or livestock and to ensure the safety of any person driving or riding the animal or in charge of the livestock. Chapter 10.36 RIGHT-OF-WAY Sections: 10.36.010 Uncontrolled intersections. 10.36.020 Left turns. 10.36.030 Stop intersections --Generally. 10.36.040 Entering or crossing road. 10.36.050 Equestrian crossings. 10.36.060 Authorized emergency vehicles. 10.36.010 Uncontrolled intersections. A. The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different road. B. (1) When two vehicles enter an intersection from different roads at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right, except that the driver of any vehicle on a terminating road shall yield the right-of-way to any vehicle on the intersecting continuing road. (2) For the purposes of this section, "terminating road" means a road which intersects, but does not continue beyond the intersection, with another road which does continue beyond the intersection. Ordinance No. 261 -14- n Ll 1 C. When two vehicles enter an intersection from different roads at the same time and the intersection is controlled from all directions by stop signs, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right. D. (1) The driver of any vehicle approaching an intersection which has official traffic control signals that are inoperative shall stop at the intersection, and may proceed with caution when it is safe to do so. (2) When two vehicles enter an intersection from different roads at the same time, and the official traffic control signals for the intersection are inoperative, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right, except that the driver of any vehicle on a terminating road shall yield the right-of-way to any vehicle on the intersecting continuing road. E. This section does not apply to any of the following: (1) Any intersection controlled by an official traffic control signal or yield right-of-way sign. (2) Any intersection controlled by stop signs from less than all directions. (3) When vehicles are approaching each other from opposite directions and the driver of one of the vehicles intends to make, or is making, a left turn. 10.36.020 Left turns. A. The driver of a vehicle intending to turn to the left or to complete a U-turn upon a road, or to turn left into public or private property, or an alley, shall yield the right=of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. B. A driver having yielded as prescribed in subdivision A, and having given a signal when and as required by this title, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle. 10.36.030 Stop intersections --Generally,. A. The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by this title. The driver shall then yield the right-of-way to any vehicles which have approached from another road, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety. B. A driver having yielded as prescribed in subdivision A may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection. C. This section does not apply where stop signs are erected upon all approaches to an intersection. 10.36.040 Entering or crossing road. A. The driver of any vehicle about to enter or cross a road from any public or private property, or from an alley, shall yield the right-of-way to all traffic approaching on the road close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety. B. A driver having yielded as prescribed in subdivision A may proceed to enter or cross the road, and the drivers of all other vehicles approaching on the road shall yield the right-of-way to the vehicle entering or crossing the intersection. Ordinance No. 261 -15 10.36.050 Equestrian crossings. A. The City Manager may designate any intersection of a road as a bridle path or equestrian crossing by erecting appropriate signs. The signs shall be erected on the road at or near the approach to the intersection, and shall be of a type approved by the State Department of Transportation. The signs shall indicate the crossing and any crossmarks, safety devices, or signals the City Manager deem necessary to safeguard vehicular and equestrian traffic at the intersection. B. The driver of any vehicle shall yield the right-of-way to any horseback rider who is crossing the road at any designated equestrian crossing which is marked by signs as prescribed in subdivision A. C. Subdivision B does not relieve any horseback rider from the duty of using due care for his or her own safety. No horseback rider shall leave a curb or other place of safety and proceed suddenly into the path of a vehicle which is close enough to constitute an immediate hazard. 10.36.060 Authorized emergencv vehicles. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer or Deputy Sheriff, do the following: A. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the road, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed. B. All pedestrians upon the road (including those riding bicycles, skateboards, roller skates or horses) shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed. Chapter 10.40 PEDESTRIANS Sections: 10.40.010 Right-of-way at crosswalks. 10.40.020 Passing vehicle stopped for pedestrian prohibited. 10.40.030 Right-of-way outside crosswalk. 10.40.040 Walking upon roadway. 10.40.050 Soliciting ride in roadway prohibited. 10.40.060 Running on roadways. 10.40.070 Crosswalk establishment. 10.40.010 Right-of-way at crosswalks. A. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this title. B. The provisions of this section shall not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. No pedestrian shall unnecessarily stop or delay traffic while in a marked or unmarked crosswalk. C. The provisions of subdivision B shall not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection. Ordinance No. 261 -16- 1 .10.40.020 Passing vehicle stopped for pedestrian prohibited. Whenever any vehicle has stopped at a marked crosswalk or at any unmarked. crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. 10.40.030 Right-of-wav outside crosswalk. A. Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard. B. The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway. 10.40.040 Walking upon roadway. No pedestrian shall walk upon any roadway otherwise than close to his left-hand edge of the road. 10.40.050 Soliciting ride in roadway prohibited. No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. 10.40.060 Crosswalk establishment. The City Manager shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway where he determines that there is particular hazard to pedestrians crossing, or as directed by action of the City Council. 10.40.070 Running on roadways. All persons running or jogging on any roadway in the city shall run in single file, one behind the other, as closely as possible to his or her left-hand edge of the roadway. Chapter 10.42 SKATEBOARDS AND ROLLER SKATES Sections: 10.42.010 Definitions. 10.42.020 Yielding the right of way. 10.42.030 Obeying traffic and pedestrian signals and devices. 10.42.040 Skateboards and roller skates prohibited on disabled person access ramps. 10.42.050 Skateboards and roller skates prohibited in and on public facilities. 10.42.060 Exemptions. Section 10.42.010 Definitions. A. "Skateboard" means any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any device or mechanism to turn and control the wheels. B. "Roller skate" means any shoe, boot or other footwear to which one or more wheels are attached. C. "Public facility" means any building, park, plaza, courtyard, parking lot, walkway, path, loading dock or other facility that is owned or maintained by the City of Rolling Hills, any public agency or public school district, or any public utility. Section 10.42.020. Yielding the right of way. Any person riding upon or propelling a skateboard or roller skates shall yield the right of way to pedestrians. Section 10.42.030. Obeying traffic and pedestrian signals and devices,. It shall be unlawful for any person riding upon or propelling a skateboard or roller skates to fail to obey any traffic control signal or device or pedestrian traffic control signal. Ordinance No. 261 -17- Section 10.42.040. Skateboards and roller skates prohibited on disabled person access ramps. It shall be unlawful for any person to ride or propel a skateboard or roller skates on any ramp designed or built to afford access to buildings or structures by disabled persons. Section 10.42.050. Skateboards or roller skates prohibited in or on public facilities. It shall be unlawful to ride or propel a skateboard or roller skates in or on any public facility in the City. Section 10.42.060. Exemptions. This Chapter shall not apply to any device designated, intended, and used solely for: (1) the transportation of infants, or disabled or incapacitated persons, or (2) the transportation of goods or merchandise to and from the place of purchase or storage. Furthermore, the City Council may, by Resolution, suspend the enforcement provisions of this Chapter to accommodate special events when so requested by the event organizer. Chapter 10.44 TURNING MOVEMENTS Sections: 10.44.010 Right turns at intersections. 10.44.020 Left turns at intersections. 10.44.030 U -turns --Generally. 10.44.040 Turning near fire stations. 10.44.050 U -turns --Curves and grade crests. 10.44.060 Starting parked vehicles. 10.44.070 Appropriate signals required. 10.44.080 Duration of signals. 10.44.090 School bus signals. 10.44.010 Right turns at intersections. Both the approach for a right-hand turn and a right-hand turn shall be made as close as practicable to the right-hand curb or edge of the roadway except: A. Upon a road having three marked lanes for traffic moving in one direction which terminates at an intersecting road accommodating traffic in both directions, the drive of a vehicle in the middle lane may turn right into any lane lawfully available to traffic moving in that direction upon the roadway being entered. B. When a right-hand turn from a one-way road at an intersection, a driver shall approach the turn as provided in this section and shall complete the turn in any lane lawfully available to traffic moving in that direction upon the roadway being entered. C. Upon a road having an additional lane or lanes marked for a right turn by appropriate signs or markings, the drive of a vehicle may turn right from any lane designated and marked for that turning movement. 10.44.020 Left turns at intersections. The approach for a left turn shall be made as close as practicable to the left-hand edge of the extreme left-hand lane or portion of the roadway lawfully available to traffic moving in the direction of travel of such vehicle and, when turning at an intersection, the left turn shall not be made before entering the intersection. After entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in that direction upon the roadway being entered except that, upon a road having three marked lanes for traffic moving in one direction which terminates at an intersecting road accommodating traffic in both directions, the driver of a vehicle in the middle lane may turn left into any lane lawfully available to traffic moving in that direction upon the roadway being entered. 10.44.030 U-turns--Generallv. No person shall make a U-turn when any other vehicle is approaching within two hundred feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device. Ordinance No. 261 -18- 1 1 1 10.44.040 Turning near fire stations. No person shall make a U-turn in front of the driveway entrance or approaches to afire station. No person shall use the driveway entrance or approaches to a fire station for the purpose of turning a vehicle so as to proceed in the opposite direction. 10.44.050 U -turns --Curves and grade crests. No person shall make a U-turn upon any road where the driver of such vehicle does not have an unobstructed view for 200 feet in both directions along the road and of any traffic thereon. 10.44.060 Starting parked vehicles. No person shall start a vehicle stopped, standing 11 or parked upon a road, nor shall any person back a vehicle on a road, until such movement can be made with reasonable safety. 10.44.070 Appropriate signals required. No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety, and then only after the giving of an appropriate signal in the manner provided in this title in the event any other vehicle may be affected by the movement. 10.44.080 Duration of signals. Any signal of intention to turn right or left shall be given continuously during the last one hundred feet traveled by the vehicle before turning. 10.44.090 School bus signals.. A. On approach to a school bus stop where pupils are loading or unloading from a school bus and must cross a road, the driver of the school bus shall activate an approved flashing amber light warning system, if the bus is so equipped, beginning 200 feet before the bus stop. When safe to do so the driver shall operate the flashing red signal lights and stop signal arm, as required on the school bus, at all times when the school bus is stopped for the purpose . of loading or unloading pupils who must cross a road upon which the school bus is stopped. The flashing red signal lights, amber warning lights, and stop signal arm system shall not be operated at any place where traffic is controlled by a traffic officer or official traffic control signal. The school bus flashing red signal lights, amber warning lights, and stop signal arm system shall not be operated at any other time. B. The driver shall stop to load or unload pupils only at a school bus stop designated for pupils by the school district superintendent or authorized by the superintendent for school activity trips. C. When pupils need to cross a road upon which the school bus is stopped, at a location where traffic is not controlled by a traffic officer or official traffic control signal, the driver shall do all of the following: (1) Check for approaching traffic in all directions and activate the flashing red light signal system and stop signal arm if equipped with a stop signal arm, only when safe to do SO. (2) Before opening the door, ensure that the flashing red signal lights and stop signal arm are activated, and that it is safe to exit the school bus. (3) Escort all pupils in prekindergarten, kindergarten, or any of grades 1 to 8, inclusive, across the road or private road. The driver shall use an approved hand-held "STOP" sign while escorting all pupils. (4) Require all pupils to walk in front of the bus as they cros.o, eche road. (5) Ensure that all pupils who need to cross the road have crossed safely, and that all other unloaded pupils and pedestrians are a safe distance frons. the bus and it is safe to move before setting the bus in motion. D. A school district may designate selected school bus stops as stops that may require the activation of the flashing red light as required in subdivision A even though there are no pupils crossing the roadway. These stops shall only be so designated because Ordinance No. 261 -19- they present unique traffic hazards which can only be addressed by the use of the flashing red lights. No school district shall designate a school bus stop under this subdivision without the prior approval of the City Manager. Chapter 10.48 SPEED REGULATIONS Sections: 10.48.010 Basic speed law. 10.48.020 Twenty-five mile per hour zone. 10.48.030 Thirty mile per hour zone. 10.48.040 Driving too slowly prohibited. 10.48.010 Basic speed law. No person shall drive a vehicle upon a road at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the road, and in no event at a speed which endangers the safety of persons or property. 10.48.020 Twentv-five mile per hour zone. A. Except as provided in subsection B, and Section 10.48.030, no person shall operate any vehicle on any road in the City at a speed in excess of twenty-five miles per hour. B. The speed limit for all vehicles operated on Portuguese Bend Road South, commencing at Crest Road and extending southerly to the terminus of said road, is fixed and established at the absolute speed of fifteen miles per hour. 10.48.030 Thirty mile per hour zone. The maximum permissible speed for vehicles operating on Crest Road, East and West, and on Portuguese Bend Road, between Palos Verdes Drive North and Crest Road, both uphill and downhill, shall be thirty miles per hour. 10.48.040 Driving too slowlv prohibited. No person shall drive upon a road at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or because upon a grade, or in compliance with law. Chapter 10.52 STOPPING, STANDING AND PARKING Sections: 10.52.010 Applicability of regulations. 10.52.020 Stop sign erection. 10.52.030 Through roads and intersections. 10.52.040 Emerging from driveway. 10.52.050 Stops required at stop signs. 10.52.060 Stop for school bus. 10.52.070 Temporary parking signs. ^ '4 080 Parking adjacent to scbnols 11.52.090 ''arking on n.c r. -o -,t . ,..- a S. 1.0.52.100 Parking in intersection prohibited. 1.0.52.110 Parking in crosswalk prohibited. 10.52.120 Pa.king near fire station prohibited. 10.52.130 Hazardous parking prohibited. 10.52.140 Parking on equestrian path prohibited. 10.52.150 Parking near fire hydrant prohibited. 10.52.160 Setting brakes and stropping motor required when parking. 1.0.52.170 Leaving person locked in vehicle prohibited. (;)rdinance No. 261 -20- 1 1 1 1 uk} 10.52.18Q, Opening doors of vehicle. 10.52.190 Parking near posted areas prohibited. 10.52.200 Blocking wheels required when. 10.52.210 All-night parking prohibited.. 10.52.220 Blocking driveway prohibited. 10.52.230 Parking near excavation prohibited when. 10.52.240 Parking near traffic control devices prohibited. 10.52.250 Parking over seventy-two hours prohibited. 10.52.260 Parking for sale prohibited. 10.52.270 Repairing vehicles on roads prohibited when. 10.52.280 Washing vehicles on road for charge prohibited. 10.52.290 Vehicle removal --Traffic obstructions or hazards. 10.52.300 Vehicle removal --Blocking entrances. 10.52.310 Vehicle removal --Blocking fire hydrant. 10.52.320 Vehicle removal --Incapacitated driver. 10.52.330 Vehicle removal --Arrested driver. 10.52.340 Vehicle removal --Hit-and-run investigation. 10.52.350 Vehicle removal --Over seventy-two hours. 10.52.360 Curb markings 10.52.010 Applicabilitv of regulations. The provisions of this title prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control. 10.52.020 Stop sign erection. Whenever any ordinance or resolution of the City designates and describes any road or portion thereof as a through road, or any intersection at which vehicles are required to stop at one or more entrances. thereto, the City Manager shall erect and maintain stop signs. A stop sign shall be erected on each and every road intersecting such through road or portion thereof so designated and, at those entrances to other intersections where a stop is required. Every such sign shall conform with, and shall be placed as provided in, the California Vehicle Code. 10.52.030 Through roads and intersections. Those roads and parts of roads established by resolution of the Council are through roads for the purposes of this title. The provisions of this title shall also apply at one or more entrances to the intersections as such are established by resolution of the Council. 10.52.040 Emerging_ from driveway. The driver of a vehicle emerging from a driveway shall stop such vehicle immediately prior to driving into the bermed area extending across such driveway. 10.52.050 Stops required at stop signs. A. The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection, or railroad gradecrossing shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the drive shall stop at the entrance to the intersecting roadway or railroad grade crossing. B. The City Manager may, with the review of the Traffic Commission and the approval of the City Council, provide for the placement of a stop sign at any location on a road where the stop sign would enhance traffic safety. 10.52.060 Stop for school bus. A. The driver of any vehicle, upon meeting or overtaking,{rfrom either direction, any school bus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the school bus and shall not proceed past the school bus until the flashing red light signal and stop signal arm, if equipped 'with a stop signal arm, cease operation. Ordinance No. 261 -21- B. The driver of a vehicle upon a road with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the school bus is stopped at an intersection where traffic is controlled by a traffic officer or official traffic control signal, or when the school bus is stopped at a place where traffic is controlled by a traffic officer or official traffic control signal. C. (1) If a vehicle was observed overtaking a school bus in violation of subdivision A, and the driver of the school bus witnessed the violation, the driver may, within 24 hours, report the violation and furnish the vehicle license plate number and description and the time and place of the violation to the Sheriff's Department. The Sheriff's Department shall issue a letter of warning prepared in accordance with paragraph (2) with respect to the alleged violation to the registered owner of the vehicle. The issuance of a warning letter under this paragraph shall not be entered on the driving record of the person to whom it is issued, but does not preclude the imposition of any other applicable penalty. (2) The Attorney General shall prepare and furnish to every law enforcement agency in the state a form letter for purposes of paragraph (1), and the Sheriff's Department may issue those letters in the exact form prepared by the Attorney General. The Attorney General may charge a fee to any law enforcement agency that requests a copy of the form letter to recover the costs of preparing and providing that copy. D. This section also applies to a roadway upon private property. 10.52.070 Temporary parking signs. Whenever the City Manager shall determine that unusual traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Manager shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such roads as the City Manager shall direct, during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such assemblages, gatherings or functions, and the City Manager shall cause such signs to be removed promptly thereafter. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. 10.52.080 Parking adiacent to schools. The City Manager is authorized to erect signs indicating no parking upon that side of any road adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. When official signs are erected prohibiting parking upon that side of a road adjacent to any school property, no person shall park a vehicle in any such designated place. 10.52.090 Parking on narrow roads. The City Manager is authorized to place signs or markings indicating no parking upon any road when the width of the roadway does not exceed twenty feet or upon one side of a road as indicated by such markings when the width of the roadway does not exceed thirty feet. When official signs or markings prohibiting parking are erected upon narrow roads as authorized herein, no person shall park a vehicle upon any such road in violation of any such sign or marking. 10.52.100 Parking in intersection prohibited. No person shall park, stop, or leave standing any vehicle, whether attended or unattended, within an intersection, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device. 10.52.110 Parking in crosswalk prohibited. No person shall stop, park, or leave standing any vehicle; whether attended or unattended, within a crosswalk, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device. 10.52.120 Parking near fire station prohibited. No person shall stop, park or leave standing any vehicle whether attended or unattended within fifteen feet of the driveway Ordinance No. 261 -22- entrance to any fire station, except when necessary to avoid conflict with other traffic or in compliance to the directions of a Deputy Sheriff or official traffic control device. 10.52.130 Hazardous parking -prohibited. No person shall stop, park or leave standing any vehicle, whether attended or unattended, which, when so stopped or parked, constitutes a hazard to other traffic, except when necessary to avoid conflict with other traffic or in compliance to the directions of a Deputy Sheriff or official traffic control device. 10.52.140 Parking on equestrian path prohibited. No person shall stop, park or leave standing any vehicle; whether attended or unattended, upon any bridle trail or equestrian path so as to cause equestrians to use the road instead of such trail or path. 10.52.150 Parking near fire hydrant prohibited,. No person shall stop, park, or leave standing any vehicle within 15 feet of a fire hydrant except as follows: A. If the vehicle is attended by a licensed driver who is seated in the front seat and who can immediately move such vehicle in case of necessity. B. If the City Council adopts an ordinance or resolution reducing that distance. If the distance is less than 10 feet total length when measured along the curb or edge of the road, the distance shall be indicated by signs or markings. C. If the vehicle is owned or operated by a fire department and is clearly marked as a fire department vehicle. 10.52.160 Setting brakes and stopping motor required when parking. -A. No person driving, or in control of, or in charge of, a motor vehicle shall permit it to stand on any road unattended without first effectively setting the brakes thereon and stopping the motor thereof. B. No person in control of, or in charge of, any vehicle, other than a motor vehicle, shall permit it to stand on any road without first effectively setting the brakes thereon, or blocking the wheels thereof, to effectively prevent the movement of the vehicle. 10.52.170 Leaving person locked in vehicle prohibited. No person shall leave standing a locked vehicle in which there is any person who cannot readily escape therefrom. 10.52.180 Opening doors of vehicle. No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. .. 10.52.190 Parking near posted areas prohibited. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon any road or in an area adjacent to and within fifteen feet of the road which is posted with official signs prohibiting such parking, stopping, or standing, except on the property of the owner or driver of the vehicle. 10.52.200 Blocking wheels required when,. No person driving, or in control of or in charge of a motor vehicle shall permit it to stand on any road unattended when upon any grade exceeding three percent without blocking the wheels of the vehicle by turning them against the curb or by other means. 10.52.210 All-night parking prohibited. No person shall stop, stand or park a vehicle on any road for a period of time longer than one hour between the hours of two a.m. and four a.m. of any day, except authorized emergency vehicles and the vehicle of any regularly licensed physician when engaged in making professional calls. Ordinance No. 261 -23- 10.52.220 Blocking drivewav prohibited. No person shall stop, park or leave standing any vehicle, whether attended or unattended, in front of a public or private driveway, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device. 10.52.230 Parking near excavation prohibited when. No person shall stop, park or leave standing any vehicle, whether attended or unattended, alongside or opposite any street or road excavation or obstruction when such stopping, standing or parking would obstruct traffic, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Deputy Sheriff or official traffic control device. 10.52.240 Parking near traffic control devices prohibited. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within twenty feet of a stopsign, official electric flashing device or any other official traffic control device or sign. 10.52.250 Parking over seventy-two hours prohibited. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any road for more than a consecutive period of seventy-two hours. 10.52.260 Parking for sale prohibited. No person shall park any vehicle on any road for the principal purpose of advertising or displaying it for sale. This section includes areas adjacent to and within fifteen feet of the roadway, except on the property of the owner of the vehicle. 10.52.270 Repairing vehicles on roads prohibited when. No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any road in the City. Temporary emergency repairs may be made upon a road. 10.52.280 Washing vehicles on road for charge prohibited. No person shall wash or cause to be washed, polish or cause to be polished, any vehicle or any part thereof upon any road in this City, when a charge is made for such service. 10.52.290 Vehicle removal --Traffic obstructions or hazards. A Deputy Sheriff may remove a vehicle from a road when any vehicle is left standing upon a road in such a position as to obstruct the normal movement of traffic or in such condition as to create a hazard to other traffic upon the road. 10.52.300 Vehicle removal --Blocking entrances. A Deputy Sheriff may remove a vehicle from a road when it is left standing blocking any driveway, entrance to a private road or bridle trail. 10.52.310 Vehicle removal --Blocking fire hydrant. A Deputy Sheriff may remove a vehicle from a road or adjacent area when such vehicle is left standing so as to prevent access by fire fighting equipment to a fire hydrant. 10.52.320 Vehicle removal --Incapacitated driver. A Deputy Sheriff may remove a vehicle from a road when the person or persons in charge of such vehicle are by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal. 10.52.330 Vehicle removal --Arrested driver. Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3. of Part 2 of the Penal Code, or Deputy Sheriff; or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations of the City may remove a vehicle located within the City: (1) when the officer or Deputy Sheriff arrests any person driving or in control of a vehicle for an alleged offense and the officer or Deputy Sheriff is, by this title or other law, required or permitted to take, and does take, the person into custody, or (2) when an officer or Deputy Sheriff serves a notice of an order of suspension or revocation. 10.52.340 Vehicle removal --Hit-and-run investigations. A. When any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or Deputy Sheriff, has reasonable Ordinance No. 261 -24- cause to believe that a motor vehicle on a road or on private property open to the general public onto which the public is explicitly or implicitly invited, located within the City, has been involved in a hit-and-run accident, and the operator of the vehicle has failed to stop and comply with the provisions of Chapter 10.20 ,of this title, the officer may remove the vehicle from the road or from public or private property for the purpose of inspection. B. Unless sooner released, the vehicle shall be released upon the expiration of 48 hours after such removal from the road or private property upon demand of the owner. When determining the 48-hour- period, weekends, and holidays shall not be included. C. Notwithstanding subdivision B, when a motor vehicle to be inspected pursuant to subdivision A is a commercial vehicle, any cargo within the vehicle may be removed or transferred to another vehicle. This section shall not be construed to authorize the removal of any vehicle from an enclosed structure on private property which is not open to the general public. 10.52.350 Vehicle removal --Over seventv-two hours. A Deputy Sheriff may remove a ' vehicle from a road when such vehicle is left parked or standing for seventy-two hours in violation of this title. 10.52.360 Curb markings. The City Manager is authorized to place the following berm (also known as "curb") markings and/or signs to indicate parking or standing regulations. Such markings shall have the following meanings: A. Red means no stopping, standing or parking at any time except as permitted by this title, and excepting that a school bus may stop in a red zone marked or signed as a bus loading zone.. , B. White means stopping for loading or unloading of passengers, or for depositing mail in an adjacent mailbox. C. Green means no standing or parking for a period of time longer than twenty minutes at any time between the hours of eight a.m. and five p.m. of any day, excepting Sundays and holidays. D. Blue means parking is limited exclusively to the vehicles of disabled persons and disabled veterans. Chapter 10.56 ABANDONED VEHICLES Sections: 10.56.010 Findings. 10.56.020 Definitions. 10.56.030 Applicability. 10.56.040 Chapter not exclusive. 10.56.050 Abandoning vehicle prohibited when. 10.56.060 Failure to remove abandoned vehicle prohibited. 10.56.070 Fixing of administrative costs. 10.56.080 Sheriff vehicle removal authority. 10.56.090 10.56.100 Notice and Hearing Hearing --Appeal. 10.56.110 Vehicle disposal. 10.56.120 Notice to Department of Motor Vehicles. 10.56.130 Costs of removal --Assessment. 10.56.140 Enforcement. 10.56.010 Findings. In addition to and in accordance with the determination made and the authority granted by the State under Section 22660 of the California Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations: Ordinance No. 261 -25- the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including roads if found to create a condi- tion tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property not including roads, except as expressly permitted in this chapter is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. 10.56.020 Definitions. As used in this chapter: A. "Owner of the land" means the owner or occupant of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. B. "Owner of the vehicle" means the last registered owner and legal owner of record. 10.56.030 Applicability. A. This chapter, shall not apply to a vehicle, or parts thereof, which is (1) completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property. B. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the California Vehicle Code and this chapter. 10.56.040 Chapter not exclusive. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supple- ment and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction. 10.56.050 Abandoning vehicle prohibited when. It is unlawful and a misdemeanor for any person to abandon, park, store or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or parts thereof which is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including roads, within the City for a period in excess of thirty days unless such vehicle, or parts thereof, are completely enclosed within a building in a lawful manner on private property. 10.56.060 Failure to remove abandoned vehicle prohibited. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or State law where such State law is applicable. 10.56.070 Fixiniz of administrative costs. The Planning Commission shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or parts thereof) under this chapter. 10.56.080 Sheriff vehicle removal authority. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City, the Sheriff shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. 10.56.090 Notice and Hearing. A. Notice shall be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of Ordinance No. 261 -26- registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. B. Section 10.56.080 shall not apply to a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the road or other public or private property. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this title. C. A 10 -day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) and is determined by the City Council to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition of such a low -valued vehicle or part for which evidence of registration was recovered pursuant to subdivision A, the City shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, final disposition may proceed. Neither the City nor any City employee or contractor shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. This subdivision applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential structure. D. The 10 -day notice of intention to abate and remove a vehicle or part thereof, when required by this section, shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in , lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. E. A public hearing shall be held before the Planning Commission upon request for such a hearing by the owner of the vehicle or the owner of the land on which the vehicle is located. This request shall be made to the City Manager within 10 days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to subdivision C. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within that time period, this statement shall be construed as a request for hearing that does not require the presence of the owner submitting the request. If the request is not received within that period, the City shall have the authority to remove the vehicle. F. The requirement that after a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, in which case the vehicle may be reconstructed or made operable. G. A provision authorizing the owner of the land on which the vehicle is located to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the owner. Ordinance No. 261 -27- 10.56.100 Hearing --Appeal. A. Any interested party may appeal the decision of the Planning Commission by filing a written notice of appeal with the said Planning Commission within five days after its decision. B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take action deemed appropriate. C. The Clerk shall give written notice of the time and place of the hearing to the appellant and those persons specified in Section 10.56.090. D. In conducting the hearing the City Council shall not be limited by the technical rules of evidence. 10.56.110 Vehicle disposal. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by Section 10.56.090, or fifteen days after such action of the governing body authorizing removal following appeal, and in any event after obtaining a warrant to enter into private property, the vehicle or parts thereof may be disposed of by removal to a scrap yard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. 10.56.120 Notice to Department of Motor Vehicles. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. 10.56.130 Costs of removal --Assessment. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Section 10.56.120 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other City or County taxes. 10.56.140 Enforcement. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Sheriff of Los Angeles County. In the enforcement of this chapter, such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter. Chapter 10.60 MISCELLANEOUS DRIVING RULES Sections: 10.60.010 Horse-drawn vehicle restrictions. 10.60.020 Advertising vehicles prohibited. 10.60.010 Horse-drawn vehicle restrictions. No person shall drive or operate any animal -drawn vehicle on Crest Road or Portuguese Bend Road between the hours of seven a.m. and nine -thirty a.m., or four -thirty p.m. and six p.m. of any day excluding Saturday, Sunday, and Holidays. 10.60.020 Advertisine vehicles prohibited. No person shall operate or drive any vehicle with a sound -amplifying or loudspeaking device upon any road at any time within the City. Ordinance No. 261 -28- 1 1 Chavter 10.64 PUBLIC OFFENSES Sections: 10.64.010 Drunk driving. 10.64.020 Reckless driving. 10.64.030 Speed contests. 10.64.040 Implied consent for chemical test. 10.64.050 Throwing substance at vehicle intending injury. 10.64.060 Throwing substance at vehicles. 10.64.070 Throwing, dumping or depositing matter on road. 10.64.080 Removal of material from road. 10.64.090 Spilling loads on road. 10.64.100 Rubbish vehicles. 10.64.110 Temple width of glasses. 10.64.120 Drinking in motor vehicles. 10.64.130 Possession of opened container. 10.64.140 Storage of opened container. 10.64.150 Possession of alcoholic beverage in vehicle by minor. 10.64.160 Motor vehicles and bicycles on horseback riding trails. 10.64.170 Motorcycles --Compliance with State law required. 10.64.180 Motorcycles --Exhaust system modification prohibited. 10.64.010 Drunk drivine. A. It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. B. It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this Chapter percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 millimeters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle of the person.had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. C. It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875 of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. D. It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. 10.64.020 Reckless driving. Any person who drives any vehicle upon a road in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Ordinance No. 261 -29- 10.64.030 Speed contests. A. No person shall engage in any motor vehicle speed contest on a road. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest. B. No person shall aid or abet in any motor vehicle speed contest on any road. C. No person shall engage in any motor vehicle exhibition of speed on a road, M and no person shall aid or abet in any motor vehicle exhibition of speed on any road. D. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a road in any manner obstruct or place any barricade or obstruction or assist or participate in placing any barricade or obstruction upon any road. 10.64.040 Implied consent for chemical test. A. Notwithstanding Section 10.64.010, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 10.64.010 or any other provision of law. B. A person shall be found to be in violation of subdivision A if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test. C. (1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision A. (2) The testing shall be incidental to a lawful detention and administered at the direction of a Deputy Sheriff or other peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision A. (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years. 10.64.050 Throwing substance at vehicle intending injury. Any person who with intent to do great bodily injury maliciously and willfully throws or projects any rock, brick, bottle, metal or other missile, or projects any other substance capable of doing serious bodily harm at such vehicle or occupant thereof is guilty of a felony. 10.64.060 Throwing_ substance at vehicles. Any person who throws any substance at a vehicle or any occupant thereof on a road is guilty of a misdemeanor. 10.64.070 Throwing, dumping or depositing matter on road. A. No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any road any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the road, or any noisome, nauseous, or offensive matter of any kind. B. No person shall place, deposit, or dump, or cause to be placed, deposited, or dumped, any rocks, refuse, garbage, or dirt in or upon any road, including any portion of Ordinance No. 261 -30- the right-of-way thereof, without the consent of the state 'or local agency having jurisdiction over the road. 10.64.080 Removal of material from road. A. Any person who drops, dumps, deposits, places, or throws, or causes or permits to be dropped, dumped, deposited, placed, or thrown, upon any road any material described in 10.64.070 or in subdivision D of Section 10.64.090 shall immediately remove the material or cause the material to be removed. B. If the person fails to comply with subdivision A, the governmental agency responsible for the maintenance of the road on which the material has been deposited may remove the material and collect, by civil action, if necessary, the actual cost of the removal operation in addition to any other damages authorized by law from the person made responsible under subdivision A. C. A Deputy Sheriff or other officer or employee of the City may direct a responsible party to remove the aggregate material described in subdivision D of Section 10.64.090 from a road when that material has escaped or been released from a vehicle. 10.64.090 Spilling loads on road. A. No vehicle shall be driven or moved on any road unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle. B. (1) Aggregate material shall only be carried in the cargo area of a vehicle. The cargo area shall.not contain any holes, cracks, or openings through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in paragraph (2). (2) Every vehicle used to transport aggregate materials, regardless of the degree to which the vehicle is loaded, shall be equipped with all of the following: (a) Properly functioning seals on any openings used to empty the load, including, but not limited to, bottom -dump release gates and tailgates. (b) Splash flaps behind every tire, or set of tires, regardless of position on the truck, truck tractor, or trailer. (c) Center flaps at a location to the rear of each bottom/ dump release gate as to trucks or trailers equipped with bottom/dump release gates. The center flap may be positioned directly behind the bottom/dump release gate and in front of the rear axle of the vehicle, or it may be positioned to the rear of the rear axle in line with the splash flaps required behind the tires. The width of the center flap shall extend not more than one inch from one sidewall to the opposite sidewall of the inside tires and shall extend to within five inches of the pavement surface, and shall be not less than 24 inches from the bottom edge to the top edge of that center flap. (d) - Fenders starting at the splash flap with the leading edge of the fenders extending forward at least six inches beyond the center of the axle which cover the tops of tires not already covered by the truck, truck tractor, or trailer body. (e) Complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates. (f) Shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading. C. Vehicles comprised of full rigid enclosures are exempt only from subparagraphs (c) and (f) of paragraph (2) of subdivision B. , Ordinance No. 261 -31- D. For purposes of this section, "aggregate material" means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt, and other similar materials. E. (1) No vehicle shall transport any aggregate material upon a road unless the material is covered. (2) Vehicles transporting loads composed entirely of asphalt material are exempt only from the provisions of this section requiring that loads be covered. (3) Vehicles transporting loads composed entirely of petroleum coke material shall not be required to cover their loads if they are loaded using safety procedures, specialized equipment, and a chemical surfactant designed to prevent materials from blowing, spilling, or otherwise escaping from the vehicle. (4) Vehicles transporting loads of aggregate materials shall not be required to cover their loads if the load, where it contacts the sides, front, and back of the cargo container area, remains six inches from the upper edge of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area. 10.64.100 Rubbish vehicles. A. No vehicle loaded with garbage, swill, cans, bottles, wastepapers, ashes, refuse, trash, or rubbish, or any other noisome, nauseous, or offensive matter, or anything being transported to a dump site for disposal shall be driven or moved upon any road unless the load is totally covered in a manner which will prevent the load or any part of the load from spilling or falling from the vehicle. B. This section does not prohibit a rubbish vehicle from being without cover while in the process of acquiring its load if no law, administrative regulation, or local ordinance requires that it be covered in those circumstances. This section does not apply to any vehicle engaged in transporting wet waste fruit or vegetable matter, or waste products from a food processing establishment. 10.64.110 Temple width of glasses. No person shall operate a motor vehicle while wearing glasses having a temple width of one-half inch or more if any part of such temple extends below the horizontal center of the lens so as to interfere with lateral vision. 10.64.120 Drinking in motor vehicle. No person shall drink any alcoholic beverage in any motor vehicle when such vehicle is upon a road. As used in this section, alcoholic beverage shall have the same meaning as in Section 23004 of the Business and Professions Code. 10.64.130 Possession of opened container. A. No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a road, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. B. Except as authorized by law, every person who possesses, while driving a motor vehicle upon a road, not more than one avoirdupois ounce of marijuana, other than concentrated cannabis as defined by Section 11006.5 of the Health and Safety Code, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding any other provision of law, if the person has been previously convicted three or more times of an offense described in this section during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, Sections 1000.1 and 1000.2 of the Penal Code are applicable to the person, and the court shall divert and refer the person for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept the person. If the person is so diverted and referred, the person is not subject to the fine specified in this Ordinance No. 261 -32- section. In any case in which a person is arrested for a violation of this Section and does not demand to be taken before a magistrate, the person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his or her written promise to appear in court and shall not be subjected to booking. 10.64.140 Storage of op_ ened container. No person shall have in his or her possession on his or her person, while in a motor vehicle upon a road, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. 10.64.150 Possession of alcoholic beverage in vehicle by minor. A. No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person's employment. If the driver was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage. B. No passenger in any motor vehicle who is under the age of 21 years shall knowingly possess or have under that person's control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger's employment. If the passenger was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage. C. If the vehicle used in any violation of subdivision A or B is registered to an offender who is under the age of 21 years, the vehicle may be impounded at the owner's expense for not less than one day nor more than 30 days for each violation. 10.64.160 Motor vehicles and bicycles on horseback riding trails. No person shall operate an unauthorized motor vehicle or bicycle on any state, county, city, private, or district horseback riding trail. For the purpose of this section "unauthorized motor vehicle or bicycle" means any motor vehicle or bicycle that is driven or ridden upon a horseback riding trail without the written permission of an agent or the owner of the trail. This section does not apply to the operation of an authorized emergency or maintenance vehicle on a horseback riding trail whenever necessary in furtherance of the purpose for which the vehicle has been classed as an authorized emergency vehicle. 10.64.170 Motorcycles --Compliance with State law required. No person except a resident of the City shall ride or operate a motorcycle or motor -driven cycle upon a road, driveway, easement or vacant property in the City unless the same is licensed, registered and has incorporated thereon all mechanical equipment specified and required by the California Vehicle Code of the State of California for motorcycles or motor -driven cycles, including an adequate muffler in constant operation, and properly maintained to prevent any excessive or unusual noise. No muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. 10.64.180 Motorcycles --Exhaust system modification prohibited. No person shall modify the exhaust system of a motorcycle or motor -driven cycle as they are defined in the California Vehicle Code, in a manner which will amplify or increase the noise emitted by Ordinance No. 261 -33- the motor thereof above that emitted by the muffler originally installed on said motorcycle or motor -driven cycle. Chapter 10.68 VEHICLE EQUIPMENT Sections: 10.68.010 Unsafe or unlawful operation prohibited. 10.68.020 Proof of correction required. 10.68.030 Owner's responsibility. 10.68.010 Unsafe or unlawful operation prohibited. It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, which is not equipped as required by this title or the California Vehicle Code, or which is not safely loaded. 10.68.020 Proof of correction required. A. If, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision B exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. B. Pursuant to subdivision A, a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued unless the officer finds any of the following: (1) Evidence of fraud or persistent neglect. (2) The violation presents an immediate safety hazard. (3) The violator does not agree to, or cannot, promptly correct the violation. C. If any of the conditions set forth in subdivision B. exist, the procedures specified in this section are inapplicable, and the officer may take other appropriate enforcement action. D. Except as otherwise provided in subdivision A, the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner's or operator's address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days. 10.68.030 Owner's responsibility. It is unlawful for the owner, or any other person, to request, cause, permit, employ or direct any person to operate a motor vehicle upon a road in any manner contrary to the provisions and requirements of this title. Chapter 10.72 TOWING Sections: 10.72.010 Safety chain required --Exceptions. 10.72.020 Coupling device. 10.72.030 Drawbar length. 10.72.010 Safety chain required --Exceptions. Ordinance No. 261 -34- A. Every towed vehicle shall be coupled to the towing vehicle or tow truck by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue or other connection. B. All safety connections and attachments shall be of sufficient strength to control the towed vehicle in event of failure of the regular hitch, coupling device, drawbar, tongue or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit. C. No more slack shall be left in a safety chain, cable or equivalent device than is necessary to permit proper turning. When a drawbar is used as the towing connection, the safety chain, cable or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar fails. D. The requirement of subdivision A does not apply to a semitrailer having a connecting device composed of a fifth wheel and kingpin assembly, nor to a towed motor vehicle when steered by a person who holds a license for the type of vehicle being towed. 10.72.020 Coupling device. Every hitch or coupling device used as a means of attaching the towed and towing vehicles shall be properly and securely mounted and be structurally adequate for the weight drawn. The mounting of the hitch or coupling device on the towing vehicle and towed vehicle shall include sufficient reinforcement or bracing of the frame to provide sufficient strength and rigidity to prevent undue distortion of the frame. The drawbar, tongue, or other connection between the towing and towed vehicles shall be securely attached and structurally adequate for the weight drawn. 10.72.030 Drawbar length. When one vehicle is towing another, the drawbar or other connection shall not exceed fifteen feet. Chapter 10.76 PROCEDURE ON ARREST Sections: 10.76.010 Applicability of chapter. 10.76.020 Arrest without warrant. 10.76.030 Felony arrests. 10.76.040 Arrest required when. 10.76.050 Arrest optional when. 10.76.060 Arrest procedure. 10.76.010 Applicability of chapter. The provisions of this chapter shall govern all Deputy Sheriffs and peace officers in making arrests for violations of this title without a warrant for offenses committed in their presence, but the procedure prescribed in this chapter shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. 10.76.020 Arrest without warrant. Notwithstanding any other provision of law, a Deputy Sheriff may, without a warrant, arrest a person who is (1) involved in a traffic accident or (2) observed by the Deputy Sheriff in or about a vehicle which is obstructing a roadway, when the Deputy Sheriff has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. 10.76.030 Felony arrests. Except as provided in this chapter, whenever a person is arrested for any violation of this title declared to be a felony, he shall be dealt with in like manner as upon arrest for the commission of any other felony. 10.76.040 Arrest required when. Whenever any person is arrested for any violation of this title, not declared to be a felony, the arrested person shall be taken without Ordinance No. 261 -35- unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases: A. When the person arrested fails to present his driver's license or other satisfactory evidence of his identity for examination. B. When the person arrested refuses to give his written promise to appear in court. C. When the person arrested demands an immediate appearance before a magistrate. D. When the person arrested is charged with violating Section 10.64.010. 10.76.050 Arrest optional when. Whenever any person is arrested for any of the following offenses and the arresting officer is not required to take the person without unnecessary delay before a magistrate, the arrested person shall, in the judgment of the arresting officer, either be given a 10 days' notice to appear as provided in this section or be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made: A. Section 10.64.020, relating to reckless driving. B. Section 10.12.020 or 10.12.030, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to an inspection or test of the vehicle. C. Chapter 10.20, relating to duties in the event of an accident. D. Section 10.64.030, relating to participating in speed contests or exhibition of speed. E. Section 10.16.060, relating to driving while license is suspended or revoked. F. When the person arrested has attempted to evade arrest. Chapter 10.80 PARKING CITATION PROCESSING Sections: 10.80.010 Title. 10.80.020 Definitions. 10.80.030 Authority to contract with outside agencies. 10.80.040 Authority to conduct administrative review process --Hearing Officer --Procedures. 10.80.050 Process by which parking citations must be issued. 10.80.060 Parking penalties. 10.80.070 Parking penalties received by date fixed --No contest --Request to contest. 10.80.080 Parking penalties not received by date fixed. 10.80.090 Notice of delinquent parking violation -Contents. 10.80.100 Copy of citation upon request by registered owner. 10.80.110 Affidavit of nonliability--Leased or rented vehicle. 10.80.120 Affidavit of nonliability--Sale. 10.80.130 Contesting parking citation --Procedure. 10.80.140 Collection of unpaid parking penalties. 10.80.150 Obligation of processing agency once parking penalty paid. 10.80.160 Deposit of parking penalties with the City. 10.80.170 Filing of annual reports. Ordinance No. 261 -36- 1 1 1 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 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 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. 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. Ordinance No. 261 -37- 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 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 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. Ordinance No. 261 -38- 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 Parkine 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. 10.80.080 Parking Penalties Not Received b_v Date Fixed. If payment of the parking penalty is not received by the processing agency by the date fixed on the parking citation.- the itation;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; 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. Ordinance No. 261 -39- 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 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) 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 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: Ordinance No. 261 -40- 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 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. 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 Parkine 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: Ordinance No. 261 -41- 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 Aeencv 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 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 Ordinance No. 261 -42- 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 City. 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. Chapter 10.84 PENALTIES Sections: 10.84.010 Penalty --Felonies. 10.84.020 Penalty --Misdemeanors. 10.84.030 Penalty --Infractions. 10.84.040- Infractions misdemeanors when. 10.84.050 Bail Schedule. 10.84.010 Penaltv--Felonies. Unless a different penalty is expressly provided by this title, every person convicted of a felony for a violation of any provision of this title shall be punished by a fine of not less than one thousand dollars or more than five thousand dollars or by imprisonment in the state penitentiary for not less than one year or more than five years, or by both such fine and imprisonment. Violations of the following code sections shall be felonies: 10.20.010, 10.28.140, 10.28.150 (if the violation causes injury or death of a person), 10.64.010 (if the violation causes injury or death of a person), 10.64.020 (if the violation causes injury or death of a person), and 10.64.050. 10.84.020 Penaltv--Misdemeanors. Unless a different penalty is expressly provided by this title, every person convicted of a misdemeanor for a violation of any of the provisions of this title shall be punished as set forth in Section 1.08.020(A) of this Code. Violations of the following code sections shall be misdemeanors: 10.12.060, 10.12.070, 10.12.090, 10.20.020, 10.20.30, 10.20.040, 10.20.050, 10.28.110, 10.64.010 (if the violation does not cause injury or death of a person), 10.64.020 (if the violation does not cause injury or death of a person), 10.64.030, 10.64.060, 10.64.090. Ordinance No. 261 -43- 10.84.030 Penalty --Infractions. Unless a different penalty is expressly provided by this title, except as otherwise provided in this title, every person convicted of an infraction for a violation of this title shall be punished as set forth in Section 1.08.020(B) of this Code. All violations of this title that are not felonies or misdemeanors shall be infractions. 10.84.040 Infractions misdemeanors when. Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of . this title within the twelve-month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged. 10.84.050 Bail Schedule. The City Council may adopt a bail schedule for violations of this title by resolution. PASSED, APPROVED and ADOPTED this 12th day of August, 1996. JODY`iLIU104CAhcL MAYOR ATTEST: MARILYN K RN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 261 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on August 12, 1996 by the following roll call vote: AYES: Councilmembers Frill, Pernell, 14,ayor Pro Tem Lay and PSayor Murdock. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices t- K4&"j DEPUTY CITY CLERK Ordinance No. 261 -44- LJ 11 1 ORDINANCE NO. 262 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING PROCEDURES WHEN A DOG ATTACKS PERSONS OR OTHER ANIMALS AND -AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS HEREBY ORDAINS AS FOLLOWS: Section 1. Section 6.08.120 of Chapter 6.08 of Title 6 of the Rolling Hills Municipal Code is amended to read as follows: 6.08.120 Owner. "Owner" means any person who owns an animal or who has custody or control of any animal for at least fifteen consecutive days. Section 2. Chapter 6.24 of Title 6 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: Chapter 6.24 DOGS ATTACKING PERSONS OR ANIMALS Sections: 6.24.010 Complaint. 6.24.020 City Manager Investigation. 6.24.030 Action to Be Taken by Owner. 6.24.040 Appeals--Hearing--Decision--Fee. 6.24.050 Modification of the Confinement Order. 6.24.060 Confined Attacking Dog Escapes Confinement. 6.24.070 Second Dog Attack on Persons or Animals. 6.24.080 Inapplicability to trespassers. 6.24.090 Dog attack report required. 6.24.100 Dogs under four months --Confinement required. 6.24.010 . Complaint. A. Any person who has been attacked by a dog in the City or the owner of any animal which has been attacked by a dog in the City may file a complaint with the City Manager within ten working days after the attack. B. The complaint shall include the date, time and place of the attack, the names of any witnesses to the attack and all other pertinent information concerning the attack. The complaint may also include any statements from witnesses. 6.24.020 Citv Manager Investieation. A. Upon receipt of a complaint filed pursuant to Section 6.24.010, the City Manager shall: 1. Immediately forward the complaint to the dog's owner; and 2. Initiate an investigation of the allegations in the complaint, which shall be completed within ten (10) days after receipt of the complaint. B. The investigation shall minimally consist of: 1. The City Manager's review of the complaint; 2. A request by the City Manager to the dog's owner for a statement regarding the alleged attack; and ORDINANCE NO. 262 -1- 3. A request by the City Manager to the Director of Animal Control for an investigation and report regarding the alleged attack. C. Upon conclusion of the investigation the City Manager shall prepare written findings and conclude as follows: 1. The City Manager may conclude that the complaint is unsubstantiated and take no further action; or 2. The City Manager may conclude that the complaint is meritorious and shall direct action by the owner of the dog pursuant to Section 6.24.030. D. The written findings and order shall be served by registered or certified mail or by personal service on the complainant and the owner of the attacking dog within twenty days following receipt of a complaint. 6.24.030 Action to Be Taken by Owner. A. If the City Manager determines the allegations in the complaint are not meritorious, no further action need be taken. B. If the City Manager determines that the allegations in the complaint have merit and that a dog which attacked a person or an animal is unlicensed, then the City Manager shall direct and the owner shall cause the dog to be permanently removed from the City. C. If the City Manager determines the allegations in the complaint have merit, the City Manager shall order and the owner shall: 1. Permanently confine the attacking dog to the property or premises of the owner or custodian. For purposes of this section "permanent confinement" means: (a) the owner shall securely confine the attacking dog to the owner's property or premises by a leash, a fence surrounding the property, an electronic fence or any other device or means to prevent the dog from escaping the owner's property or premises to the satisfaction of the City Manager; (b) the owner shall not allow the dog to run at large upon any street, lane, driveway, court, or other public place, or upon any private property or premises other than private property or premises which the owner owns, has charge of, cares or has custody or control of; and (c) the owner shall cause the dog to be securely held by a leash, device or other means to prevent the dog from escaping when off the owner's property or premises. 6.24.040 Appeals--Hearinz--Decision--Fee. A. Any person who is a party to a proceeding described in this Chapter and who is dissatisfied with the order of the City Manager shall have the right to appeal to the City Council. 1. The appeal shall be filed in writing with the City Clerk within ten days after the date of mailing of the order. 2. Within ten days after receipt of a timely filed appeal, the City Clerk shall set the appeal for hearing on the next regular meeting agenda of the City Council. 3. If a dog is ordered permanently confined, the order of the City Manager shall remain in effect while the appeal is pending and the owner shall comply with all the provisions thereof. If the owner of the dog is the appealing party, the failure to ORDINANCE NO. 262 -2- permanently confine the dog while the appeal is pending shall be grounds for dismissal of the appeal. 4. If a dog is ordered permanently removed from the City, the owner shall cause the dog to be permanently 'confined in accordance with Section 6.24.030(C) while the appeal is pending. If the'owner of the dog is the appealing party, the failure to permanently confine the dog while the appeal is pending shall be grounds for dismissal of the appeal. B. At the time of hearing the appeal, the City Council shall review and consider all evidence submitted orally and in writing relating to the order of the City Manager and shall either uphold, reverse or modify the order. C. An appeal fee shall be paid within the time allowed for filing the appeal, as set forth in Chapter 6.56. No appeal shall be processed or considered by the City Council unless such fee has been paid. 6.24.050 Modification of the Citv Manager's Order. A. Upon application by the owner of a dog permanently confined pursuant to this Chapter, the City Manager may modify the permanent confinement order if the following findings are made: dog; and 1. The owner has complied with the order; 2. The dog has not escaped confinement; 3. The City Manager has not received any complaints regarding the 4. The dog has completed a training program approved by the Director of Animal Control that includes on -and -off leash obedience training, basic dog training and a course in behavioral problems. A certificate of completion and a statement from the dog trainer certifying that the confined dog is not likely to commit an attack on a person or other animal shall be submitted to the City Manager. B. Upon application by the owner of a dog permanently removed from the City pursuant to Section 6.24.030(A), the City Manager may modify the permanent removal order if the following findings are made: ' 1. The owner has complied with the order; 2. The dog is licensed in accordance with Chapter 6.16; 3. The City Manager has not received any complaints regarding the dog; and 4. The dog has completed a training program approved by the Director of Animal Control that includes on -and -off leash obedience training, basic dog training and a course in behavioral problems. A certificate of completion and a statement from the dog trainer certifying that the confined dog is not likely to commit an attack on a person or other animal shall be submitted to the City Manager. The modification may include a requirement that the owner permanently confine the dog as defined in Section 6.24.030(C) and Section 6.24.030(D); C. For purposes of Section 6.24.050(A) modification of a confinement order includes but is not limited to, a full or partial release of the dog's permanent confinement to the owner's property or premises as defined in Section 6.24.030(C). 6.24.060 Confined Attacking DoL, Escapes Confinement. ORDINANCE NO. 262 -3- A. In the event that a dog confined pursuant to this Chapter should escape from confinement and wander off its owner's property or premises, the City Manager may take the following action: 1. Conduct an investigation regarding the circumstances of the owner's non-compliance with the confinement order. For purposes of this section, the investigation shall minimally consist of: (a) A review of the complaint and the investigation pursuant to which the dog was ordered permanently confined; (b) A request by the City Manager to the dog's owner for a statement regarding the non-compliance with the confinement order; and (c) If applicable, a request by the City Manager to the City's Director of Animal Control for an investigation and report regarding the non-compliance with the confinement order. B. Upon conclusion of the investigation the City Manager shall prepare written findings and conclude as follows: 1. Order the dog returned to, or allow the dog to remain in, the custody of the owner who shall continue to comply with the existing confinement order; or 2. Cause the owner to permanently remove the dog from the City. When ordering the dog permanently removed from the City, the City Manager shall take into account the complaint and investigation pursuant to which the dog was initially ordered confined and the severity of the attack set forth in the that complaint, the circumstances regarding the owner's non-compliance with the confinement order, the behavior of the dog off the owner's property, the number of occasions the dog has escaped confinement and any other relevant evidence. C. If the dog is permanently confined pursuant to B(1) above, the City Manager shall issue a written warning to the owner that if the dog should escape from confinement on a subsequent occasion, then the owner may have to permanently remove the dog from the City. D. The City Manager shall serve by registered, certified, or personal service a copy of the order upon the owner of the dog. The order is subject to appeal pursuant to the procedures set forth in Section 6.24.040. 6.24.070 Second Doiz Attack on Persons or Animals. A. In the event a dog ordered confined pursuant to a meritorious complaint under Section 6.24.030 attacks a person or animal in the City on a second occasion, a complaint may be filed and processed in accordance with the procedures outlined in Section 6.24.010 and Section 6.24.020. B. If the City Manager, after an investigation, finds that the complaint is substantiated, then the City Manager shall mail a copy of the findings and order to the complainant and the owner of said dog as provided for in section 6.24.020. If the City Manager finds that a substantiated second attack was made on a person, the order shall provide and the owner of the dog shall permanently remove said dog from the City within ten (10) days of receipt of the order. If the second attack was on another dog or other animal, the City Manager may, but need not, order permanent removal based on the circumstances of the attack. The order is subject to appeal pursuant to the procedures set forth in Section 6.24.040. 6.24.080 Inapplicabilitv to trespassers. The provisions of Sections 6.24.010, 6.24.020, 6.24.030, 6.24.040, 6.24.050, 6.24.060, and 6.24.070 shall not apply to a dog which attacks a person who is a trespasser or an animal which is unlawfully on the property of the owner of said dog at the time of the attack. ORDINANCE NO. 262 -4- 1 1 1 1 6.24.090 Dog attack report required. The Director of Animal Control or the Health Officer shall report any dog attack occurring within the City to the City Manager. 6.24.100 Does under four months --Confinement required. A l l unvaccinated dogs under four months of age shall be confined to the property or premises of or kept under physical restraint by the owner. PASSED, APPROVED and ADOPTED this 9th day of September, 1996. JODYO(4 UIVOCK MAYOR ATTEST: MARILYN I RN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 262 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING PROCEDURES WHEN A DOG ATTACKS PERSONS OR OTHER ANIMALS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on September 9, 1996 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices Y \ ? , «. DEPUTY CITY CLE ORDINANCE NO. 262 -5- ORDINANCE NO. 263 AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING REVISED STANDARDS FOR NET LOT AREA AND AMENDING TITLE 16 (SUBDIVISIONS) AND 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. On March 27, 1996, certain sections of the Subdivision Ordinance were changed to correspond with the Zoning Code. At that time, issues were raised by the City Council regarding the application of net lot area requirements related to subdivision and zoning applications and the Council requested that the Planning Commission further review the definition. Section 2. On June 18, 1996 and July 16, 1996, the definition of net lot area was reviewed by the Planning Commission. At that time, the Commission reviewed the staff reports and the matter was set for public hearing on August 20, 1996. Section 3. On July 23, 1996, 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 4. On August 20, 1996, the Planning Commission held a public hearing regarding the proposed ordinance regarding net lot area. The Commission adopted Resolution No. 96-15, recommending the revision of Paragraph (C) of Section 16.16.010 of Chapter 16.16 (Design) of the Subdivisions Ordinance and the revision of the definition of "Lot Area, Net" of Section 17.12.120 of Chapter 17.12 (Definitions) of the Zoning Ordinance. Section 5. On September 9, 1996 and September 23, 1996, the City Council held public hearings regarding the proposed ordinance regarding net lot area. Section 6. 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 7. Paragraph (C) of Section 16.16.010 (Lot size) of Chapter 16.16 (Design) of Title 16 (Subdivisions Ordinance) of the Rolling Hills Municipal Code is amended to read: "C. For purposes of this section "net lot area" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded roadway easement plus the area within ten (10) feet measured perpendicular to the edge of the roadway easement; (b) the ten (10) foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and (d) the access strip portion of a flag lot." Section 8. The definition of "Lot Area, Net" of Section 17.12.120 of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is amended to read: "Lot Area, Net. "Net lot area" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded roadway easement plus the area within ten (10) feet measured perpendicular to the edge of the roadway easement; (b) the ten (10) foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and (d) the access strip portion of a flag lot." Section 9. Except as herein amended, Chapters 16.04 through 16.40 of Title 16 (Subdivisions) and Chapters 17.04 through 17.58 of Title 17 (Zoning) of the Rolling Hills Municipal Code shall remain in full force and effect. PASSED AND ADOPTED ON THE 12th DAY OF November, 1996. �.u/�GIGy�� JODY MUIkDOC MAYOR Ordinance No. 263 -1- ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 263 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING REVISED STANDARDS FOR NET LOT AREA AND AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on November 12, 1996 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices 0 Y., "fix.., T , I � 'V, DEPUTY CITY CLERK Ordinance No. 263 -2- 1 ORDINANCE NO. 264 AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING REVISED STANDARDS FOR MAXIMUM DISTURBED AREA AND AMENDING TITLE 16 (SUBDIVISIONS) AND 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. On March 27, 1996, certain sections of the Subdivision Ordinance were changed to correspond with the Zoning Code. At that time, issues were raised by the City Council regarding the application of maximum disturbed area requirements related to subdivision and zoning applications and the Council requested that the Planning Commission further review the definition. Section 2. On June 18, 1996 and July 16, 1996, the definition of maximum disturbed area was reviewed by the Planning Commission. At that time, the Commission reviewed the staff reports and the matter was set for public hearing on August 20, 1996. Section 3. On July 23, 1996, 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 4. On August 20, 1996, the Planning Commission held a public hearing regarding the proposed ordinance regarding maximum disturbed area. The Commission adopted Resolution No. 96-16, recommending the revision of Paragraph (B) of Section 16.20.210 (Grading prohibitions) of Chapter 16.20 (Improvements) of Title 16 of the Subdivisions Ordinance and the revision of Paragraph (B) of Section 17.16.070 (Maximum level of site development permitted) of Chapter 17.16 [Residential Agriculture -Suburban (RA -S) Zone] of Title 17 of the Zoning Ordinance. Section 5. On September 9, 1996 and September 23, 1996, the City Council held public hearings regarding the proposed ordinance regarding maximum disturbed area. Section 6. 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 7. Paragraph (B) of Section 16.20.210 (Grading prohibitions) of Chapter 16.20 (Improvements) of Title 16 (Subdivisions Ordinance) of the Rolling Hills Municipal Code is amended to read: "B. Maximum Disturbed Area. Disturbance shall be limited to forty percent (40%) of the net lot area. Disturbance shall include any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added." Section 8. Paragraph (B) of Section 17.16.070 (Maximum level of site development permitted) of Chapter 17.16 [Residential Agriculture -Suburban (RA -S) Zone] of Title 17 of the Zoning Ordinance be amended to read as follows: "B. Maximum Disturbed Area. Disturbance shall be limited to forty percent (40%) of the net lot area. Disturbance shall include any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces will remain or are proposed to be added." Section 9. Except as herein amended, Chapters 16.04 through 16.40 of Title 16 (Subdivisions) and Chapters 17.04 through 17.58 of Title 17 (Zoning) of the Rolling Hills Municipal Code shall remain in full force and effect. PASSED AND ADOPTED ON THE 12th DAY OF November, 1996. • ATTEST: rv,\'�'j MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 264 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING REVISED STANDARDS FOR MAXIMUM DISTURBED AREA AND AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on November 12, 1996 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK r 1 A ORDINANCE NO. 265-U AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.64 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ORDAINS AS FOLLOWS: ' Section 1. Section 10.64.190 is added to Chapter 10.64 of Title 10 of the Rolling Hills Municipal Code to read: Section 10.64.190. Use of safetv belts. A. Drivers and passengers over 16. (1) No person shall operate a private passenger motor vehicle on a road unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. This subdivision shall not apply to operators of taxicabs, limousines, or emergency vehicles, except that such operators shall require passengers four. years of age or over and weighing 40 pounds or more, in the front seat, to be properly restrained by a safety belt. This subdivision shall not apply to a person engaged in delivery of newspapers if the person is properly restrained by a safety belt before starting and after completing delivery on the route. (2) No person 16 years of age or over shall be a passenger in a private passenger motor vehicle on a road unless that person is properly restrained by a safety belt. ' (3) This subdivision shall not apply to a passenger or operator with a physically disabling condition or medical condition which would prevent appropriate restraint in a safety belt. B. Passengers four to 16. No parent or legal guardian, if present, shall permit his or her child or ward four years of age or older but less than 16 years of age and weighing 40 pounds or more to be transported (and no driver, if no parent or legal guardian is present, shall transport such a child) in a private passenger motor vehicle on a road without providing and properly using a safety belt. C. Passengers under four. (1) No parent or legal guardian, if present, shall permit his or her child or ward under four years of age or weighing less than 40 pounds to be transported (and no driver, if no parent or legal guardian is present, shall transport such a child) in a private Passenger motor vehicle on a road without providing and properly securing the child in a child passenger restraint system. 2) This subdivision shall not apply when a child is being transported in an authorized emergency vehicle if there is no child passenger restraint system as long as the child is secured by a safety belt. D. As used in this section, "private passenger vehicle" shall mean motor vehicles of less than 6001 pounds of unladen weight and shall not include motor cycles. E. As used in this section, "safety belt" and "child passenger restraint system" shall mean those meeting federal motor vehicle safety standards. Section 2. Section 10.64.200 is added to Chapter 10.64 of Title 10 of the Rolling Hills Municipal Code to read: Section 10.64.200. Transportation in back of pickup or flatbed motor trucks. No person driving a pickup truck or flatbed motor truck on a road shall transport any person in or on the back of the truck unless the person in or on the back of the truck is secured with a restraint system meeting federal motor vehicle safety standards or the back of the truck is enclosed in a camper or camper shell that prevents the person from being discharged. This Ordinance No. 265-U -1- section shall not apply when such transport is needed in order to prevent injury or death to persons or to prevent, confine or mitigate damage or destruction to property. This section shall not apply to a truck traveling at a speed that does not exceed eight miles per hour in a parade supervised by a law enforcement agency. Section 3. The adoption of this ordinance is for the immediate preservation of the public peace, health and safety. Such an ordinance must be adopted and must become effective immediately in order to allow the expeditious, orderly, and consistent enforcement and processing of traffic violations. Section 4. This ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED, APPROVED. and ADOPTED ON this 28th day of October, 1996. • ATTEST: MARILYNKERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 265-U entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.64 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on October 28, 1996 by the following roll call vote: AYES: Councilmember Heinsheimer, Hill, Lay, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None . ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 265-U -2- ORDINANCE NO. 265 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.64 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ORDAINS AS FOLLOWS: Section 1. Section 10.64.190 is added to Chapter 10.64 of Title 10 of the Rolling Hills Municipal Code to read: Section 10.64.190. Use of safetv belts. A. Drivers and passengers over 16. (1) No person shall operate a private passenger motor vehicle on a road unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. This subdivision shall not apply to operators of taxicabs, limousines, or emergency vehicles, except that such operators shall require passengers four years of age or over and weighing 40 pounds or more, in the front seat, to be properly restrained by a safety belt. This subdivision shall not apply to a person engaged in delivery of newspapers if the person is properly restrained by a safety belt before starting and after completing delivery on the route. (2) No person 16 years of age or over shall be a passenger in a private passenger motor vehicle on a road unless that person is properly restrained by a safety belt. (3) This subdivision shall not apply to a passenger or operator with a physically disabling condition or medical condition which would prevent appropriate restraint in a safety belt. B. Passengers four to 16. No parent or legal guardian, if present, shall permit his or her child or ward four years of age or older but less than 16 years of age and weighing 40 pounds or more to be transported (and no driver, if no parent or legal guardian is present, shall transport such a child) in a private passenger motor vehicle on a road without providing and properly using a safety belt. C. Passengers under four. (1) No parent or legal guardian, if present, shall permit his or her child or ward under four years of age or weighing less than 40 pounds to be transported (and no driver, if no parent or legal guardian is present, shall transport such a child) in a private Passenger motor vehicle on a road without providing and properly securing the child in a child passenger restraint system. 2) This subdivision shall not apply when a child is being transported in an authorized emergency vehicle if there is no child passenger restraint system as long as the child is secured by a safety belt. D. As used in this section, "private passenger vehicle" shall mean motor vehicles of less than 6001 pounds of unladen weight and shall not include motor cycles. E. As used in this section, "safety belt" and "child passenger restraint system" shall mean those meeting federal motor vehicle safety standards. Section 2. Section 10.64.200 is added to Chapter 10.64 of Title 10 of the Rolling Hills Municipal Code to read: Section 10.64.200. Transportation in back of pickup or flatbed motor trucks,. No person driving a pickup truck or flatbed motor truck on a road shall transport any person in or on the back of the truck unless the person in or on the back of the truck is secured with a restraint system meeting federal motor vehicle safety standards or the back of the truck is enclosed in a camper or camper shell that prevents the person from being discharged. This section shall not apply when such transport is needed in order to prevent injury or death Ordinance No. 265 -1- to persons or to prevent, confine or mitigate damage or destruction to property. This section shall not apply to a truck traveling at a speed that does not exceed eight miles per hour in a parade supervised by a law enforcement agency. PASSED AND ADOPTED ON THE 12th DAY OF November, 1996. (�4 ljwo� JODV MU#kDOCIK MAYOR ATTEST: R%elz� 9 , � J)v'j MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 265 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 10.64 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on Novembe 12, 1996 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 265 -2- 1 1 1 ORDINANCE NO. 266 AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING CHAPTER 13.12, OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO SOLID WASTE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Chapter 13.12 of the Rolling Hills Municipal Code relating to solid waste is hereby repealed. PASSED, APPROVED AND ADOPTED, this 12th day of November, 1996. • ATTEST: 9.kaxr-j MARILYN L. kERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing Ordinance No. 266 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REPEALING CHAPTER 13.12, OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO SOLID WASTE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on November 12, 1996, by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None. ABSTAIN: None. MARILY�N L. KERN DEPUTY CITY CLERK Ordinance No.266 -1- ORDINANCE NO. 267 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING TITLE 8 (HEALTH AND SAFETY) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILL DOES ORDAIN AS FOLLOWS: Section 1. Title 8 of the Rolling Hills Municipal Code is hereby amended by adding thereto a new Chapter 8.32 to read as follows: Chapter 8.32 Storm Water and Urban Runoff Pollution Control Sections: 8.32.010 Title 8.32.020 Findings 8.32.030 Purpose and Intent 8.32.040 Definitions 8.32.050 Construction and Application 8.32.060 Prohibited Activities 8.32.070 Exempted Discharges 8.32.080 Good Housekeeping Provisions 8.32.090 Requirements for Construction Activities 8.32.100 Enforcement 8.32.110 No Taking 8.32.010. Title. This Chapter shall be known as the "City of Rolling Hills Storm Water Management and Discharge Control Ordinance." 8.32.020. Findings. A. The federal Clean Water Act (33 U.S.C. §§ 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and urban runoff discharge into storm drain systems. B. Storm water and urban runoff flows from individual properties onto streets, then through storm drains passing through the City. C. The City of Rolling Hills is a co -permittee under the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles," issued by the California Regional Water Quality Control Board - Los Angeles Region," (Order No. 96-054), dated July 15, 1996, which also serves as a NPDES Permit under the Federal Clean Water Act (NPDES No. CAS614001), as well as Waste Discharge Requirements under California law [the "Municipal NPDES Permit"], and, as a co -permittee under the Municipal NPDES Permit, the City is required to adopt ordinances and implement procedures with respect to the entry of Non -Storm Water Discharges into the storm sewer system. D. Part 1, Section I of the Municipal NPDES Permit requires the City effectively to prohibit non -storm water discharges from within its boundaries, into the storm sewer system and into watercourses, except where such discharges are: (1) In compliance with a separate individual or general NPDES permit or (2) Identified and in compliance with Part 2.II.0 (Non -Storm Water Discharges) of the Municipal NPDES Permit; or (3) Discharges s originating from federal, state or other facilities which the City is preempted from regulating, and further provides that compliance with the terms of the Municipal NPDES Permit through the development and implementation of the programs described in the Municipal NPDES Permit will constitute compliance with the Discharge Prohibition therein. Ordinance No. 267 -1 E. Part 2, Section I.E. of the Municipal NPDES Permit requires the City to demonstrate by November 28, 1996 that it possesses the legal authority necessary to control discharges to and from those portions of the storm water system over which it has jurisdiction, so as to comply with the Municipal NPDES Permit and specifically to prohibit certain discharges identified in the Municipal NPDES Permit. F. The Municipal NPDES Permit contemplates the development of a Countywide Storm Water Management Plan (CSWMP) and then a Watershed Management Area Plan ("WMAP"), in which the City will participate, which will in turn require the development and the implementation of programs for, among other things, the elimination of illicit connections and illicit discharges, development planning, development construction, and public information and education requirements. These programs may later require adoption of additional legal authority to implement such programs as they are developed by the Permittees and approved by the Regional Board. G. In order to control, in a cost-effective manner, the quantity and quality of storm water and urban runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. H. The City of Rolling Hills is a unique, virtually built -out residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, and a public school campus. There are no commercial or industrial uses in the City and there is no land in the City zoned for such purposes. I. 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 Loa Angeles. Many natural watercourses are located on private property. J. Active landslides in some areas of the City make it hazardous for the City to encourage storm retention on site if such retention will result in absorption of water in slide planes. 8.32.030 Purpose and Intent. A. The purpose of this Chapter is to ensure the future health, safety and general welfare of the Citizens of the City and the water quality of the receiving waters of the County of Los Angeles and surrounding coastal areas by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the Santa Monlca Bay: and 3. Regulating Non -Storm Water Discharges to the storm sewer system. B. The intent of this Chapter is to protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit. C. This Chapter is also intended to provide the City with the legal authority necessary to control discharges to and from those portions of the storm sewer system over which it has jurisdiction as required by the Municipal NPDES Permit, and thereby fully and timely comply with the terms of the Municipal NPDES Permit while the CSWMP and the WMAP are being developed by the Permittees under the Municipal NPDES Permit, and in contemplation of the subsequent amendment of this Chapter or adoption by the City of additional provisions of this Chapter to implement the subsequently adopted CSWMP and WMAP, or other programs developed under the Municipal NPDES Permit. 8.32.040. Definitions. Ordinance No. 267 -2 1 1 1 Except as specifically provided herein, any term used in this Chapter shall have the same meaning as that term is defined in the Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the federal Clean Water Act, as, amended, and/or the regulations promulgated thereunder. The following words and phrases shall have the following meanings when used in this Chapter: "Area susceptible to runoff" means any surface directly exposed to precipitation or in the path of runoff caused by precipitation which path leads off the parcel on which the surface is located. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Manaiyement Practices (BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges. Examples of BMP's may include public education and outreach, proper planning of development projects, proper clean out of catch basin inlets, and proper sludge or waste hauling and disposal, among others. "City„ means the City of Rolling Hills. "Good Housekeeping Practices" means common practices related to the storage, use, or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Illicit Connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets, or outlets that are connected directly to the storm drain system. "Illicit Discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. This includes all Non -storm Water Discharges except discharges pursuant to a separate NPDES permit and discharges that are exempted or conditionally exempted in accordance with Section II of the Municipal NPDES Permit. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves, and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners, and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles (Order No. 96-054), dated July 15, 1996, issued by the California Regional Water Quality Control Board Los Angeles Region, and any successor permit to that permit. "Municipal Separate Storm Sewer Svstem" or "MS4" means streets, gutters, conduits, natural or artificial drains, channels and watercourses, or other facilities, publicly or privately owned, that are located within the City and used for the purpose of collecting, storing, transporting, or disposing of storm water. "Non -Storm Water Discharze" means any discharge to a Municipal Storm Water System that is not composed entirely of storm water. "NPDES permit" means any waste discharge requirements issued by the Regional Board or the State Water Resources Control Board as an NPDES Permit pursuant to Water Code §§ 13370 (other than the Municipal NPDES Permit). "Pollutant" means those "pollutants" defined in Section 502(6) of the federal Clean Water Act (33 U.S.C. § 1362(6), or incorporated into California Water Code § 13373. Examples of pollutants include, but are not limited to the following: Ordinance No. 267 -3 -Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge); -Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; -Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); -Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; -Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities); -Substances having characteristics such as pH less than 6 or greater than 9, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus; The term "Pollutant" shall not include uncontaminated storm water, potable water or reclaimed water generated by a lawfully permitted water treatment facility. The term "Pollutant" also shall not include any substance identified in this definition, if through compliance with the Best Management Practices available, the discharge of such substance has been reduced or eliminated to the maximum extent practicable. In an enforcement action, the burden shall be on the person who is the subject of such action to establish the reduction or elimination of the discharge to the maximum extent practicable through compliance with the Best Management Practices available. "Regional Board" means the California Regional Water Quality Control Board -Los Angeles Region. "Storm Water Runoff" means that part of precipitation (rainfall or snowmelt) which travels via flow across a surface to the MS4 or receiving waters from impervious, semi -pervious or pervious surfaces. When all other factors are equal, runoff increases as the perviousness of a surface decreases. "Urban runoff" means surface water flow produced by non -storm water resulting from residential and institutional activities involving the use of potable and non -potable water. 8.32.050 Construction and Avvlication. This Chapter shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. 8.32.060 Prohibited Activities. A. Illicit Discharees and Connections. It is prohibited to commence, establish, use, maintain, or continue any Illicit Connections to the MS4 or any Illicit Discharges to the MS4. This prohibition against Illicit Connections applies to the use, maintenance or continuation of any Illicit Connection, whether that connection was established prior to or after the effective date of this Chapter. B. Littering. It is prohibited to throw, deposit, place, leave, maintain, keep, or permit to be thrown, deposited, placed, left, or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any street, driveway, trail, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No Ordinance No. 267 -4 person shall throw or deposit litter in any fountain, pond, stream, or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves dirt, or other landscape debris into the MS4. D. Non -Storm Water Discharges. The following Non -Storm Water Discharges into the MS4. are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the Regional Board's Executive Officer, or the State Water Resources Control Board: 1. The discharge of untreated wastewater to the MS4 from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; 2. To the maximum extent practicable, discharges to the MS4 from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of untreated runoff to the MS4 from storage areas of materials containing grease, oil, or other hazardous substances, and uncovered receptacles containing hazardous materials; 4. Discharges of untreated runoff from the washing of toxic materials from paved or unpaved areas to the MS4; provided, however, that non -industrial and non-commercial activities which incidentally generate urban runoff such as the hosing of driveways, and the non-commercial hand -washing of cars, shall be excluded from this prohibition; 5. Discharges from the washing out of concrete trucks into the MS4; 6. Discharges to the MS4 of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; or 7. The disposal of hazardous wastes into trash containers used for municipal trash disposal where such disposal causes or threatens to cause a direct or indirect discharge to the MS4. E. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims, or causes of actions in any administrative or judicial action relating to such discharge. 8.32.070 Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges. Discharges from those activities specifically identified in, or pursuant to, Part 2, Section II.0 of the Municipal NPDES Permit as being Exempted Discharges, Conditionally Exempted Discharges, or Designated Discharges shall not be considered a violation of this Chapter, provided that any applicable BMP's developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources. 8.32.080. Good Housekeeping Provisions. Ordinance No. 267 -5 Owners and occupants of property within the City shall comply with the following requirements: A. Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste to precipitation in an area where a discharge to streets or the MS4 may or does occur. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the permitted washing down of paved areas shall be minimized to the maximum extent practicable. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five (25) parking spaces that are located in areas potentially exposed to storm water shall be swept regularly or other equally effective measures shall be utilized to remove debris from such parking lots. E. Food Wastes. Food wastes generated by non-residential food service and food distribution sources shall be properly disposed of and in a manner so such wastes are not discharged to the MS4. F. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. 8.32.090 Requirements for Construction Activities. Each discharger associated with construction activity described in any general storm water permit addressing such discharges as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board shall comply with all requirements of such permit. Each discharger identified in an individual NPDES Permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. 8.32.100. Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. Ordinance No. 267 -6 1 2. The cost of such abatement and restoration shall be'borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this Chapter. B. Concealment. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this Chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction. 2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. 3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from violation. 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this Chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this Chapter; the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land. or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this Chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. Ordinance No. 267 -7 To the extent the City makes a provision of this Chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this Chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. 8.32.110. No TakinL-. The provisions of this Chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. Section 2. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not effect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. Section 3. Ordinance No. 241 is hereby repealed. PASSED AND ADOPTED ON THE 25th DAY OF NOVEMBER, 1996. JOD U MAYOR ATTEST: MARILYN L. KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 267 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING TITLE 8 (HEALTH AND SAFETY) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on November 25, 1996 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Mayor Pro TemLay and Mayor Murdock. NOES: None. ABSENT: Councilmember Pernell. ABSTAIN: None.. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 267 -8 ORDINANCE NO. 268-U AN ORDINANCE OF THE CITY OF ROLLING HILL AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10.80.050 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 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 printed on the notice indicating that payment is required to be made not later than twenty-one (21) calendar days from the date of issuance of the parking citation; 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 .readable; the last four digits of the vehicle identification number, if that number is readable through the windshield; the color of the vehicle; and, if possible, the make of the vehicle. 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. B. The parking citation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person. C. Once the parking citation is prepared and attached to the vehicle pursuant to Paragraphs A and B 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) calendar days of issuance of the parking citation, a copy of the parking citation to the registered owner. E. If within twenty-one (21) calendar days after the parking citation is issued, the issuing agency or the issuing officer determines in the interests of justice, the parking citation, should be canceled, the issuing shall cancel the citation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the parking citation. The reason for the cancellation shall be set forth in writing. 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 registered owner of the vehicle. Ordinance No. 268-U -1- 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. SECTION 2. Section 10.80.090 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 10.80.090 Notice of Delinquent 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 from the date of issuance of the parking citation or within fourteen (14) calendar days after the mailing of 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 from the date of issuance of the parking citation or within fourteen (14) calendar days after the mailing of the notice of delinquent parking violation, no late penalty or similar fee shall be charged to the operator. SECTION 3. Section 10.80.100 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 10.80.100 Copy of Citation upon Request by Registered Owner. A. Within fifteen (15) calendar 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 calendar 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. SECTION 4. Section 10.80.110 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 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) 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 Ordinance No. 268-U -2- 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 from the date of issuance of the parking citation or within fourteen (14) calendar days after 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 said period, 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) calendar 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 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. SECTION 6. Section 10.80.130 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 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) calendar 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: Ordinance No. 268-U -3- 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. 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. SECTION 7. Section 10.80.140 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 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. Ordinance No. 268-U -4- 1 C. If the registration of the vehicle has not been renewed for (60) calendar 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) calendar 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. SECTION 8. Savings Clause. If any section, subsection, part, paragraph, clause, sentence or phrase of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, the validity of the remaining portions of the Ordinance, the application thereof shall not be affected, and shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, paragraph, clause sentence or phrase regardless or whether any other section, subsection, part, paragraph, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. SECTION 9. The adoption of this Ordinance is for the immediate preservation of the public peace, health and safety. State Vehicle Code Sections relating to parking citation procedures have been amended and went into effect on January 1, 1997. The City must adopt an Ordinance which amends the Rolling Hills Municipal Code so that it is consistent with the State Vehicle Code. Such an Ordinance must be adopted and must become effective immediately in order to allow the expeditious, orderly, and economically feasible processing of parking citations. Without the immediate adoption of such an Ordinance, parking citations may be dismissed. The City must adopt the regulations contained in this Ordinance in order to employ parking citation procedures in a manner that will protect the public peace, health and safety. SECTION 10. This Ordinance is an urgency Ordinance for the immediate preservation of the public peace, health and safety and therefore shall.- be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 24th day of February, 1997. JODAOC MAYOR ATTEST: MARILYN L. KERN DEPUTY CITY CLERK Ordinance No. 268-U -5- INTENTIONALLY BLANK 0 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 268-U entitled: AN ORDINANCE OF THE CITY OF ROLLING HILL AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on February 24, 1997 by the following roll call vote: AYES: Councilmembers Heinsheimer; Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices S.1�.)", DEPUTY CITI� CLERK Ordinance No. 268-U -6- ORDINANCE NO. 268 AN ORDINANCE OF THE CITY OF ROLLING HILL AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES: THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10.80.050 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 10.80.050 Process by which Parkine 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 printed on the notice indicating that payment is required to be made not later than twenty-one (21) calendar days from the date of issuance of the parking citation; 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 readable; the last four digits of the vehicle identification number, if that number is readable through the windshield; the color of the vehicle; and, if possible, the make of the vehicle. 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. B. The parking citation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that. person. C. Once the parking citation is prepared and attached to the vehicle pursuant to Paragraphs A and B 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) calendar days of issuance of the parking citation, a copy of the parking citation to the registered owner. E. If within twenty-one (21) calendar days after the parking citation is issued, the issuing agency or the issuing officer determines in the interests of justice, the parking citation, should be canceled, the issuing shall cancel the citation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the parking citation. The reason for the cancellation shall be set forth in writing. 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 registered owner of the vehicle. Ordinance No. 268 -1- 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. SECTION 2. Section 10.80.090 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 10.80.090 Notice of Delinquent 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 from the date of issuance of the parking citation or within fourteen (14) calendar days after the mailing of 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 from the date of issuance of the parking citation or within fourteen (14) calendar days after the mailing of the notice of delinquent parking violation, no late penalty or similar fee shall be charged to the operator. SECTION 3. Section 10.80.100 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 10.80.100 Copy of Citation upon Request by Registered Owner. A. Within fifteen (15) calendar 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 calendar 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. SECTION 4. Section 10.80.110 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 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) 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 Ordinance No. 268 -2- �. Y.i,: Api,�tli �'. i '�yi u't "zj'it.]t'�,6 9'!.Y; er,��iN i,�„��v: •:?irl.i�f !'� .� 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 from the date of issuance of the parking citation or within fourteen (14) calendar days after 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 said period, the processing agency may5iproceed 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) calendar 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 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. SECTION 6. Section 10.80.130 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 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) calendar 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: Ordinance No. 268 -3- 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. 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. SECTION 7. Section 10.80.140 of Chapter 10.80 of Title 10 of the Rolling Hills Municipal Code is hereby amended to read: 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. Ordinance No. 268 -4- ,t' 1�i � .1 �" �i t�' v,:. 1 nod 7t �i• 7 C. If the registration of the vehicle has not been renewed for (60) calendar 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) calendar 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. SECTION 8. Savings Clause. If any section, subsection, part, paragraph, clause, sentence or phrase of this Ordinance or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, the validity of the remaining portions of the Ordinance, the application thereof shall not be affected, and shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, paragraph, clause sentence or phrase regardless or whether any other section, subsection, part, paragraph, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. PASSED, APPROVED and ADOPTED this 10th day of March, 1997. 6L XW'4fL JODY 94URWCK MAYOR ATTEST:, MARILYN L. KERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 268 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILL AMENDING CHAPTER 10.80 OF TITLE 10 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO PARKING CITATION PROCESSING PROCEDURES. was approved and adopted at a regular meeting of the City Council on March 10, 1997 by the following roll call vote: AYES: Councilmembers Hill, Pernell, Mayor Pro Tem Lay and Mayor Murdock. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices . � VA" -2 DEPUTY CITY CLERK Ordinance No. 268 -5- ORDINANCE NO. 269 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING GARAGES TO BE CONSTRUCTED ABOVE GROUND, PROHIBITING THE CONSTRUCTION OF NEW SUBTERRANEAN GARAGES, AND AMENDING 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. On March 18, 1997, the Planning Commission requested that staff prepare an ordinance that would require that garages be constructed above ground and that new subterranean garages be prohibited. This action followed a discussion regarding subterranean garages at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. Section 2. On May 20, 1997, the Planning Commission held a public hearing regarding the proposed ordinance regarding the prohibition of new subterranean garages. The Commission adopted Resolution No. 97-12, recommending that the definitions of "Building pad coverage," "lot coverage," Paragraph (A)(1) of Section 17.16.070 (Maximum level of site development permitted), Paragraph (B)(1) of Section 17.16.080 (Height Limitation), and Paragraph (B) of Section 17.16.160 (Access and parking) be amended to prohibit the construction of new subterranean garages in the Zoning Ordinance. Section 3. On June 9, 1997, the City Council held a public hearing regarding the proposed ordinance to prohibit new subterranean garages. Section 4. The Planning Department staff prepared an initial study by which it was determined that the proposed Ordinance would not have a significant effect on the environment. Based on this finding, staff prepared a Negative Declaration. 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 5. The definition of "Building pad coverage" contained in Section 17.12.020 of Chapter 17.12 (Definitions) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "'Building pad coverage' means that area of a graded building pad developed with the following improvements: primary residence, garages, accessory buildings, recreational game courts, pools, stables, and subterranean structures other than basements. Building pad coverage requirements are generally expressed in maximum allowable percent coverage." Section 6. The definition of "Lot coverage" contained in Section 17.12.120 of Chapter 17.12 (Definitions) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "'Lot coverage' means that area of the net lot area developed with the following improvements: primary residence, garages, accessory buildings, recreational game courts, pools, stables, subterranean structures other than basements, corrals, driveways, parking areas, walks, patios, decks, and asphaltic or concrete paving not maintained by the Rolling Hills Community Association. Lot coverage requirements are expressed in maximum allowable percent coverage." Section 7. Paragraph (A)(1) of Section 17.16.070 (Maximum level of site development permitted) of Chapter 17.16 (Residential Agriculture-Surburban (RA -S) Zone) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "1. Coverage by Structures. All structures on a lot shall not cover more than twenty percent of the net lot area. For the purpose of this section, "structures" include the primary residence, garages, all accessory buildings, recreational game courts, swimming ORDINANCE NO. 269 PAGE pools and similar facilities, existing stables, combination stable and corral sites required by Section 17.16.170, and subterranean structures other than basements." Section 8. Paragraph (B)(1) of Section 17.16.080 (Height Limitation) of Chapter 17.16 (Residential Agriculture-Surburban (RA -S) Zone) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "1. A one-story space shall be permitted over a basement." Section 9. Paragraph (B) of Section 17.16.160 (Access and parking) of Chapter 17.16 (Residential Agriculture-Surburban (RA -S) Zone) of Title 17 (Zoning Ordinance) is amended to read as follows: "B. Parking requirements. Every single-family dwelling, including manufactured homes used as a primary residence, shall have an above ground garage with a minimum capacity of two cars with direct paved access to a maintained roadway. No new subterranean garage shall be constructed after August 13 , 1997. Any subterranean garage lawfully existing as of August 13 , 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 10. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Section 9 above. PASSED AND ADOPTED ON THE '4-thDAY OF July, 1997. h i� FRANK E. HILL, MAYOR PRO TEM ATTEST: .9.k�M M RILYNKERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 269 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING GARAGES TO BE CONSTRUCTED ABOVE GROUND, PROHIBITING THE CONSTRUCTION OF NEW SUBTERRANEAN GARAGES, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on July 1-4,1997 by the following roll call vote: AYES: Councilmembers Heinsheimer, Murdock, Pernell and Mayor Pro Tem Hill. NOES: None. ABSENT: Mayor Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK ORDINANCE NO. 269 PAGE ORDINANCE NO. 270 AN ORDINANCE OF THE CITY OF ROLLING HILLS REFERRING TO THE EXISTENCE OF A PLANNING COMMISSION BUILDING PAD COVERAGE GUIDELINE FOR LOT DEVELOPMENT AND AMENDING 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. On March 18, 1997, the Planning Commission requested that staff prepare an ordinance that would refer to the existence of a Planning Commission building pad guideline for lot development. This action followed a discussion regarding the guideline at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. Section 2. On May 20, 1997 and June 17, 1997, the Planning Commission held a public hearing regarding the proposed ordinance referring to the existence of a Planning Commission building pad coverage guideline. The Commission adopted Resolution No. 97-13, recommending that the reference to the existence of a building pad coverage guideline be adopted by the City Council. Section 3. On July 14, 1997, the City Council held a public hearing regarding the proposed ordinance referring to the existence of a Planning Commission building pad coverage guideline for lot development. The purpose of the Ordinance is to inform the public of the existence of the guideline. Section 4. The Planning Department staff prepared an initial study by which it was determined that the proposed Ordinance would not have a significant effect on the environment. Based on this finding, staff prepared a Negative Declaration. 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 cta Section 5. Chapter 17.16 (Residential Agriculture-Surburban (RA -S) Zone) of Title 17 (Zoning Ordinance) of the Rolling Hills Municipal Code is hereby amended to add a new Section 17.16.097 to read as follows: "17.16.097 Building pad coverage guideline. When reviewing a proposed development project for General Plan and Zoning Ordinance compliance, the Planning Commission utilizes a guideline in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline is expressed in terms of a maximum percentage of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by first calculating the square footage of the proposed structure or structures, dividing that number by the square footage of that portion of the building pad that is outside of required setbacks, and then comparing that percentage figure to the Commission's guideline percentage. Proposed projects that have a percentage of building pad coverage equal to or less than the Commission's guideline percentage satisfy the Commission's guideline. Satisfaction of the Commission's guideline for allowable building pad coverage is only one of several factors for determining project compliance with the General Plan and Zoning Ordinance and all other required findings for the particular approval sought must also be satisfied." PASSED AND ADOPTED ON THE 28TH DAY OF JULY, 1997. FRANK E. HILL MAYOR PRO TEM Ordinance No. 270 -1- ATTEST: MARILYN K RN, DEPUTY CITY CLERK STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 270 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REFERRING TO THE EXISTENCE OF A PLANNING COMMISSION BUILDING PAD COVERAGE GUIDELINE FOR LOT DEVELOPMENT AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on July 28, 1997 by the following roll call vote: AYES: Councilmembers Heinsheimer, Murdock, Pernell and Mayor Pro Tem Hill. NOES: None. ABSENT: Mayor Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices 9 . k-ek,4� DEPUTY CI CLERK Ordinance No. 270 -2- 1 1 1 ORDINANCE NO. 271 AN ORDINANCE OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND 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. On June 17, 1997, the Planning Commission requested that staff prepare an ordinance that would require that new basement exit doors be solid so as to avoid the appearance of a second story. This action followed a discussion regarding basements at a joint study session of the City Council and Planning Commission held Monday, February 3, 1997. The Planning Commission studied the various basement options such as the size, location and depth of basements and the requirements of nearby cities beginning on March 18, 1997 and concluding on May 20, 1997. Section 2. On June 17, 1997, the Planning Commission held a public hearing regarding the proposed ordinance requiring new basement exit doors to be solid and adopted Resolution No. 97-20. Section 3. On July 28, 1997 and August 25, 1997, the City Council held a public hearing regarding the proposed ordinance to require new basement exit doors be solid. Section 4. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section 5. Section 15.04.080 (Section 220 amended) of Chapter 15.04 (Building Code) of Title 15 (Building & Construction) is amended to read as follows: "15.04.080 Section 220 amended. Section 220 regarding the definition of a story of the Building Code is amended to read: . 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 (5) 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 with a solid door not to exceed 3' x 68" for ingress/ egress to the exterior, to be accessed by an areaway not to exceed four (4') 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. A solid door is a door that does not have windows or openings. Any new basement exit doors installed after October 22, 1997 shall be solid. Any non -solid door lawfully existing as of October 22, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of Title 17 (Zoning)." Section 6. The definition of "Basement" contained in Section 17.12.020 ("B" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "'Basement' - means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior. A basement shall have an average exterior height no greater than two and one - Ordinance No. 271 -1- half feet across the entire structure. Basements may have one standard door opening with a solid door not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. A solid door is a door that does not have windows or openings. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun lights or similar devices. Any new basement exit doors installed after October 22, 1997 shall be solid. Any non -solid door lawfully existing as of October 22, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this Title." Section 4. The City Clerk shall enter the effective date of this Ordinance into the blank spaces in Sections 5 and 6 above. PASSED AND APPROVED ON THE 22nd DAY OF September, 1997. ATTEST: � . J� _ v MARILYN L. KERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 271 entitled: A RESOLUTION OF THE CITY OF ROLLING HILLS REQUIRING NEW BASEMENT EXIT DOORS BE SOLID AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission September 22, 1997 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices . ).12 1_4A MARILYN L. KERN DEPUTY CITY CLERK Ordinance No. 271 -2- 1 1 1 11 ORDINANCE NO. 272 PAGE 1 ORDINANCE NO. 272 --NOT ADOPTED -- ORDINANCE NO. 273 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF 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. On October 21, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On November 18, 1997, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the Municipal Code. Section 3. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to permit the import or export of soil to or from a lot for remedial repair of a hillside or trail under certain circumstances. Section 4. Section 15.04.150 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.150 Section 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 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. 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 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. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: ORDINANCE NO. 273 PAGE (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet); and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 5. Section 15.04.170 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.170 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 7016.9 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 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. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger." Section 6. Section 17.16.230 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) of the Rolling Hills Municipal Code is amended to read as follows: "Section 17.16.230 Balanced Qrading required. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), A. No export of cut materials or fill materials shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15 of this Code. B. No export or import of soil that does not require a grading permit shall be permitted for remedial repair of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15 of this Code." ORDINANCE NO. 273 PAGE 1 1 1 1 1 PASSED AND APPROVED ON THE 9TH DAY OF FEBRUARY, 1998. �B�ALLEN MAYOR ATTEST: k MARILYN KEF-N, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 273 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO PERMIT THE IMPORT OR EXPORT OF SOIL TO OR FROM A LOT FOR REMEDIAL REPAIR OF A HILLSIDE OR TRAIL UNDER CERTAIN CIRCUMSTANCES, THE AMENDMENT OF TITLE 15 (BUILDING AND CONSTRUCTION), AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 9, 1998 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices ORDINANCE NO. 273 PAGE 3 Yy"\��z.� d- . � j h' --)DEPUTY CITY CIOERK ORDINANCE NO. 274 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, THE AMENDMENT OF TITLE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF 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. At a public hearing on November 18, 1997, the Planning Commission requested that staff prepare a recommendation to the City Council of a proposed ordinance to require that property that is scarred by geological excavation be returned to its natural contours, amend Title 15 (Building and Construction) and amend Title 17 (Zoning) of the Rolling Hills Municipal Code. Section 2. On January 26, 1998 and February 9, 1998, the City Council held a public hearing regarding the proposed ordinance to require that property that is scarred by geological excavation be returned to its natural contours.. Section 3. Section 15.04.120 of Chapter 15.04 (Building Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is amended to read as follows: "Section 15.04.120 Section 7003.1 amended. Section 7003 of the Building Code, entitled "Grading Permits," is amended to revise subsections 7003.1 (1) and (11) to read: Section 7003.1: 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: (1) 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 excavation 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. (11) Exploratory excavations under the direction of soils engineers or engineering geologists. Property shall be restored to the condition that existed prior to excavations, to the maximum extent practicable, following exploratory excavations and within the time period, if any, specified by the City Manager or designee. Section 4. Section 17.16.240 of Chapter 17.16 [Residential Agriculture - Suburban (RA -S) Zone] of Title 17 (Zoning) of the Rolling Hills Municipal Code is added to read as follows: "Section 17.16.240 Exploratory excavations. Per the requirements of the City's Building Code (Title 15 of the Municipal Code), property shall be restored to the condition that existed prior to excavations, to the maximum extent practicable, following exploratory excavations and within the time period, if any, specified by the City Manager or designee." PASSED AND APPROVED ON THE 9TH DAY OF BR, 199 B. AL Y, MAYOR ORDINANCE NO. 274 PAGE 1 ATTEST: MARILYN KgRN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 274 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT PROPERTY THAT IS SCARRED BY GEOLOGICAL EXCAVATION BE RESTORED TO ITS NATURAL CONTOURS, THE AMENDMENT OF TITLE 15 (BUILDING & CONSTRUCTION) AND THE AMENDMENT OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 9, 1998 by the following roll call vote: Councilmembers Murdock, Pernell, Mayor Pro Tem Hill AYES: and Mayor Lay. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY LE ORDINANCE NO. 274 PAGE 2 1 ORDINANCE NO. 275 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE SIDE YARD SETBACK REQUIREMENTS IN THE RA -S-1 ZONE AND THE RA -S-2 ZONE AND AMENDING 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. On October 13, 1997, the City Council was presented with a proposal from the Rolling Hills Community Association to amend the City's side yard setback requirements. The City Council forwarded the subject proposal to the Planning Commission for review. Section 2. On November 18, 1997 and December 16, 1997, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and requested that staff prepare a recommendation to the City Council of a proposed ordinance to establish side yard setbacks in the RA -S-1 Zone and the RA -S-2 Zone that do not vary based on the width of the Community Association's easements. During the hearing process, side yard setbacks in the RA -S-1 Zone were proposed to be increased to twenty-five feet from twenty feet and the proposed ordinance was readvertised. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 97-28, dated December 16, 1997. Section 3. On January 26, 1998, February 9, 1998, and February 25, 1998, the City Council held a public hearing regarding proposed Ordinance No. 272 to amend side yard setback requirements. At the meeting on February 25, 1998, approximately 50 residents were in attendance to support speakers who opposed the proposal. The Council rejected proposed Ordinance No. 272 and remanded the issue back to the Planning Commission for reconsideration. Section 4. On April 21, 1998, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and requested that staff prepare a recommendation to the City Council of a proposed ordinance to maintain and reestablish side yard setbacks in the RA -S-1 Zone at twenty feet and the RA -S-2 Zone at thirty-five feet and that do not vary based on the width of the Community Association's easements. The Planning Commission's. recommendation was forwarded to the City Council by Resolution No. 98-6, dated April 21, 1998. ` Section 5. On May 11, 1998 and May 26, 1998 the City Council held a public hearing regarding the proposed ordinance to amend side yard setback 'requirements. Section 6. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section 7. The "Notes" following the table, "Summary of Development Standards (a), of Section 17.16.060 of Chapter 17.16 [Residential Agriculture -Suburban y (RA -S) Zone] of Title 17 (Zoning) is amended to read as follows: "Notes: (a) This table summarizes development standards. For complete descriptions, refer to Sections 17.16.040 through 17.16.130. (b) Every lot or parcel shall have a side yard measuring no less than twenty (20) feet from the side property line, except if a Rolling Hills Community Association Ordinance No. 275 -1- easement, located along the side property line, is improved with a roadway, then the side yard shall be no less than ten (10) feet from the interior edge of that easement. (c) Every lot or parcel in the RA -S-2 zone shall have a side yard measuring no less than thirty-five (35) feet from the side property line, except if a Rolling Hills Community Association easement, located along the side property line, is improved with a roadway, then the side yard shall be no less than twenty-five (25) feet from the interior edge of that easement." Section 8. Section 17.16.120 of Chapter 17.16 [Residential Agriculture -Suburban (RA -S) Zone] of Title 17 (Zoning) is amended to read as follows: "Section 17.16.120 Side vards. A. Requirements for RA -S-1 Zone. - Every lot or parcel shall have a side yard measuring no less than twenty (20) feet from the side property line, except if a Rolling Hills Community Association easement, located along the side property line, is improved with a roadway, then the side yard shall be no less than ten (10) feet from the interior edge of that easement. B. Requirements for RA -S-2 Zone. Every lot or parcel in the RA -S-2 zone shall have a side yard measuring no less than thirty-five feet from the side property line, except if a Rolling Hills Community Association easement, located along the side property line, is improved with a roadway, then the side yard shall be no less than twenty-five feet from the interior edge of that easement." PASSED, APPROVED AND ADOPTED ON THE 26TH DAY OF MAY, 1998. c FRANK E. HILL, MAYOR ATTEST: CRAIG NEALIS, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 275 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE SIDE YARD SETBACK REQUIREMENTS IN THE RA -S-1 ZONE AND THE RA -S-2 ZONE AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on May 26, 1998 by the following roll call vote: AYES: Councilmembers Murdock, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices F'o/`* CITY CLERK Ordinance No. 275 -2- ORDINANCE NO. 276 AN ORDINANCE OF THE CITY OF' ROLLING HILLS ESTABLISHING A DAYTIME CURFEW FOR MINORS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Purpose. The purpose of this Ordinance is to establish a daytime curfew for minors to reduce truancy, drop-out rates, juvenile crime and victimization of juveniles which occurs during the school hours. SECTION 2. Title 9 of the Rolling Hills Municipal Code is hereby amended by adding thereto a new Chapter 9.34 to read as follows: Chavter 9.34 DAYTIME CURFEW Sections: 9.34.010 Definitions. 9.34.020 Daytime Curfew for Minors. 9.34.030 Exemptions. 9.34.040 Parental Responsibility. 9.34.050 Penalty for violation. 9.34.060 Enforcement Procedures. 9.34.070 Power of Law Enforcement Officers. 9.34.010 Definitions. . For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: A. "Custodial person" means any parent or legal guardian of the minor, or any person eighteen (18) years of age or older who is authorized by a parent or legal guardian to take care and have custody of the child. B. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. C. "Minor" means a person under the age of eighteen (18) years. D. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks and the common areas of schools. 9.34.020 Daytime Curfew For Minors. Unless the minor meets one or more of the exceptions set forth in Section 9.34.030 of this Chapter, it is a misdemeanor for any minor subject to compulsory education or compulsory continuation education to be present between the hours of 8:30 a.m. and 1:30 p.m. of the same day, on days when the minor's school is in session, in or upon any of the following places: (i) any public or private street, road, drive, alley, or trail; (ii) any public or community park or recreation area; (iii) any public ground, place, or building; or (iv) any vacant lot or abandoned or vacant building. 9.34.030 Exemptions. The curfew in Section 9.34.020 shall not apply if the minor is: A. Accompanied by a custodial person; Ordinance No. 276 -1- B. On an errand directed by, and in possession of a written excuse from, a custodial person; C. Engaged in or going directly to or returning directly from a school - approved activity or one that is supervised by school personnel, a medical appointment, a religious activity, or any other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child; D. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such lawful employment activity; E. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person; F. Involved in an emergency or seeking medical assistance; G. Exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution when a minor has in his or her possession written permission from a custodial person to engage in such activity; H. In the right-of-way abutting the minor's residence, provided there are not complaints regarding the minor's conduct; in a motor vehicle involved in interstate travel; or J. Emancipated pursuant to State Law and California Family Code Section 7000, et. sea. by virtue of being, including but not limited to, married or in the military service. K. In possession of a valid, school -issued, off campus permit giving permission to leave campus; L. Receiving instruction by a qualified tutor pursuant to Education Code Section 48224; M. Otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code; N. On an excused absence from school due to any of the circumstances set forth in Section 48205 of the California Education Code, or any other applicable state or federal law. 9.34.040 Parental Responsibility. Every custodial person who allows or permits a minor in his or her custody to violate any provision of Section 9.34.020 is guilty of a misdemeanor. 9.34.050 Penalty for violation. Any person who violates any of the provisions of Chapter 9.34 shall be guilty of a misdemeanor which is punishable by the general penalty of Section 1.08.020(A) of the Rolling Hills Municipal Code; provided, however, a court may order the following instead of a fine: A. Community service: (i) for no more than 10 hours for the first violation; (ii) for no less than 10 hours and no more than 20 hours for the second violation; and (iii) for no less than 20 hours and no more than 50 hours for each additional violation of this Chapter committed within one year after the second violation of the Chapter; or B. Parenting classes. 9.34.060 Enforcement Procedures. A deputy of the Los Angeles County Sheriff's Department shall ask the age of an apparent offender and his or her reason for being on the premises or property during school hours. The deputy shall not issue a citation or make an arrest unless the deputy reasonable believes that an offense has occurred and that none of the exceptions set forth in Section 9.34.030 apply. Ordinance No. 276 -2- 1 9.34.070 Power of Law Enforcement Officers. Nothing in this Chapter shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted has this Chapter not been enacted..' SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect. the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, .subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. PASSED, APPROVED and ADOP ATTEST: �Ma rily Deputy City Clerk Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I I certifythat the foregoing Ordinance No. 276 entitled: g g AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING A DAYTIME CURFEW FOR MINORS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on June 14, 1999 by the following roll call vote: AYES: Councilmembers Hill, Lay, Murdock, Mayor Pro Tem Pernell and Mayor Heinsheimer. 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 Ordinance No. 276 -3- ORDINANCE NO. 2 7 7-U AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 1998 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 1998 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 1998 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 1998 EDITION; AND TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENTS TO SAID CODES; AMENDING CHAPTERS 15.04, 15.08, 15.12, 15.16 AND 15.20 OF 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 (Building Code) of Title 15 (Building and . Construction) of the Rolling Hills Municipal Code is hereby amended to =read . as follows: "Chapter 15.04 BUILDING CODE 15.04.010 Adoption of Building Code. A. Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, adopting the California Building Code, 1998 Edition (Part 2 of Title 24 of the California Code of Regulations), including Subsections 101.17 through 101. 17.16 of Chapter l; Chapters 2 through 35; and Appendix Chapters 3, Division II; 4, Division II; 9; 12; 15; 16; and 31; is hereby. incorporated herein by reference as if fully set forth below, and shall be known and may be cited as the Building Code of the City of Rolling Hills. B. The provisions of the Building Code applying to dwellings or other uses classified as a Group R Occupancy, and including Chapters 1, 2, 98 and 99 of said Code, are and may be cited as the Housing Code of the City of Rolling Hills. C. In the event of any conflict between provisions of the California Building Code, 1998 Edition, Title 26 of the Los Angeles County Code, or any amendment to the 990608 R6980-00001 rmd 1451466 (1) G Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. D. A copy of Title 26 of the Los Angeles County Code and the California Building Code, 1998 Edition, 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 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: 105.5 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 mail 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 Definitions. Whenever any of the following names or terms are used in the California Building Code or the County of Los Angeles Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section, as follows: "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. "Building Official" shall mean the Director of Public Works or his or her designated representative. "City" shall mean the City of Rolling Hills, except in Section 103 of said Building Code. "County," "County of Los Angeles" or "unincorporated territory of the County of Los Angeles" shall mean the City of Rolling Hills. 990608 R6980-00001 rmd 1451466 (1) - 2 - 1 1 G "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 Amendment --Fees.. 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 the Building Code, 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 of the Building Code is amended by adding the definition of basement to read as follows: 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: 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 (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average 2 112 foot exterior height across the entire structure. Basements may have one standard 990608 R6980-00001 rmd 1451466 (1) -3- door opening with a solid door not to exceed 3' x 6'8" for ingress/egress to the exterior, to be accessed by an areaway not to exceed four (4') 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. A solid door is a door that does not have windows or openings. Any new basement exit doors installed after October 22, 1997 shall be solid. Any non -solid door lawfully existing as of October 22, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of Title 17 (Zoning). 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 3403.9 added. Section 3403 of the Building Code is amended to add a new subsection 3403.9 to read: I 3403.9 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. 15.04.120 Section 7003.1 amended. Section 7003 of the Building Code, entitled "Grading Permits," is amended to revise subsections 7003.1(1) and (11) to read: Section 7003.1: 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: 990608 R6980-00001 rmd 1451466 (1) - 4 - (1) 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 excavation 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. (11) Exploratory excavations under the direction of soils engineers or engineering geologists. Property shall be restored to the condition that existed prior to excavations, to the maximum extent practicable, following exploratory excavations and within the time period, if any, specified by the City Manager or designee. 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 (30') 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 7015.4 added. Section 7015 of the Building Code, entitled "Excavations," is amended to add subsection 7015.4 to read: Section 7015.4. 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 7015.5 added. Section 7015 of the Building Code, entitled "Excavations," is amended to read as follows: 7015.5 BALANCED CUT AND FILL RATIO. L 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. 990608 R6980-00001 rmd 1451466 (1) —5 L. 3. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph 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. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet); and (b) the import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger. 15.04.160 Section 7016.3 amended,. Section 7016.3 of Section 7016 of the Building Code, entitled "Fill Slope," is amended to read: 7016.3 FILL SLOPE. Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') 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 Section 7016.9 added. Section 7016 of the Building Code, entitled "Fills," is amended to add subsection 7016.9 to read: 7016.9 BALANCED CUT AND FILL RATIO. 990608 R6980-00001 rmd 1451466 (1) - 6 - 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 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. 4. The City Manager may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of a hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) the project does not require a grading permit (a cut that is less than three feet or a fill that is less than three feet or covers less than 2,000 square feet), and (b) the import or export of soil is no greater than necessary to avoid a 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 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 provisions of the Building Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a 990608 R6980-00001 rmd 1451466 (1) -7- I 7 1 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 (Plumbing Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is hereby amended to read as follows: "Chapter 15.08 PLUMBING CODE 15.08.010 Adoption of Plumbing Code. A. Except as hereinafter provided, Title 28, Plumbing Code of the Los Angeles County Code, as amended and in effect on July 1, 1999, adopting the California Plumbing Code, 1998 Edition (Part 5 of Title 24 of the California Code of Regulations), including Subsections 101.11 and 101.11.1 of Chapter 1; Chapters 2 through 12; Chapters 14 and 15; and Appendices A, B, D, G -A, H, I and K, is hereby adopted by reference and shall constitute and may be cited as the Plumbing Code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Plumbing Code, 1998 Edition, Title 28 of the Los Angeles County Code, or any amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 1998 Edition, 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. 15.08.020 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 California Plumbing Code and 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 as 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 es- tablished by Section 105.3 of the Los Angeles County Plumbing Code. C. "City" shall mean the City of Rolling Hills. 990608 R6980-00001 rmd 1451466 (1) - 8 - 1 L 1 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, the Plumbing Code referred to in said sections is amended as follows: A. Section 218 of the Plumbing Code is amended to change or add the definitions of the following terms to read 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 officers thereof. Singular includes plural, male includes female. B. Subsection 301.1 of the Plumbing Code is amended by adding paragraph 301.1.5 to reads as follows: 301.1.5 Repairs and Alterations. 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. C. Subsection 301.2 of the Plumbing Code is amended by adding paragraph 301.2.9 to reads as follows: 301.2.9 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. D. Subsection 701.1.2 of the Plumbing Code is amended to read as follows: 701.1.2 ABS and PVC DMV piping installations shall be limited to residential construction. E. Subsection 903.1.2 of the Plumbing Code is amended to read as follows: 903.1.2 ABS and PVC DMV piping installation shall be limited to residential construction. 990608 R6980-00001 rmd 1451466 (1) -.9- E '9- D F. Section 407 of the Plumbing Code is amended by adding subsection 407.5 to read as follows: 407.5 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. G. Graywater Systems. Notwithstanding the provisions of Appendix J of the Uniform Plumbing Code, the provisions of Appendix G -A 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 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. 990608 R6980-00001 rmd 1451466 (1) - 10 - 1 1 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 G-14 Landslide Areas. 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 4-4(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 the 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 convic- tion thereof, shall be punishable by a fine not to exceed one thousand dollars or by 990608 R6980-00001 rmd 1451466 (1) - 11 - 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 4. Chapter 15.12 (Mechanical Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is hereby amended to read as follows: "Chapter 15.12 MECHANICAL CODE 15.12.010 Adoption of Mechanical Code. A. Except as hereinafter provided, Title 29, Mechanical Code of the Los Angeles County Code, as amended and in effect on July 1, 1999, adopting the California Mechanical Code, 1998 Edition (Part 4 of Title 24 of the California Code of Regulations), including Subsections 108.1.1 through 108.1.1.15 of Chapter 1; Chapters 2 through 14; Chapter 16; and Appendices A, C and D, is hereby adopted by reference and shall constitute and may be cited as the Mechanical Code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Mechanical Code, 1998 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 1998 Edition, 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. 15.12.020 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 California 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. 990608 R6980-00001 rmd 1451466 (1) - 12 - 1 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. Code. 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 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. 15.12.040 Amendments. Notwithstanding the provisions of Section 15.12.010, the Mechanical Code is amended as follows: A. Section 217 of the Mechanical Code (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 315.1 of the Mechanical Code is amended by adding subsection 315.1.8 to read as follows: 315.1.8 Under openable windows on exterior walls. 990608 R6980-00001 rmd 1451466 (1) - 13 - 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 the Mechanical Code to a sum set by resolution of the City Council. 15.12.060 Penaltv for violation. 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 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 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 (Electrical Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is hereby amended to read as follows: "Chapter 15.16 ELECTRICAL CODE 15.16.010. Adoption of Electrical Code. Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, adopting the California Electrical Code, 1998 Edition (Part 3 of Title 24 of the California Code of Regulations), including Section 089-7 of Article 089; Article 90, Chapters 1 through 9; and Appendices A, B and C, is hereby adopted by reference and shall constitute and may be cited as the Electrical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Electrical Code, 1998 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 1998 Edition, 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. 990608 R6980-00001 rmd 1451466 (1) - 14 - 1 I IJ 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 the California Electrical Code and the 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 Section 83-1. Installation. amended. Section 83-1 of the Electrical Code of the City of Rolling Hills is subject to the following exceptions: 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. 15.16.050 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 the Electrical Code 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 iguilty of a separate offense for each day or portion thereof during which such violation is committed, continued or permitted and shall be punishable by 990608 R6980-00001 rmd 1451466 (1) -15- 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 whicha 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 (Fire Code) of Title 15 (Building and Construction) of the Rolling Hills Municipal Code is hereby amended to read as follows: "Chapter 15.20 15.20.010 Fire Code Adopted. A. Except as hereinafter provided in this Chapter, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, which constitutes an amended version of the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I -C and excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Fire Code, 1998 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 32 of the Los Angeles County Code, along with a copy of the Uniform Fire Code, 1997 edition, has 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: 990608 R6980-00001 rmd 1451466 (1) - 16 - 1 1 1 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: 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 persons 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 vege- tation 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-thatbecause 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 (b) inches in height above the ground may be maintained where necessary to stabi- lize 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. 990608 R6980-00001 rmd 1451466 (1) - 17- �j 5. Maintain any tree adjacent to or overhanging any building free of dead wood. 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 wilfully, 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 wilfully 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 105.8 Failure to obtain permit 1001.6.2 Fire Hydrant & Fire Appliances 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 extinguishing systems 1115.3 Fire prevention regulations - marina 1115.5 Portable fire protection equipment 990608 R6980-00001 rmd 1451466 (1) - 18 - 1 E L� 1115.7 Access 1102.3 Open fires. 1109.5 Discarding burning objects 1109.6 Hot ashes and other dangerous materials 1103.3 Use and handling of miscellaneous combustible materials 1105 Asphalt kettles 1115.3 (2) Fire prevention regulations 1117.2 Structures 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 Damaged Vehicles 1109.4 "No smoking" sign 3005.2 Lumber yards - Cold decking 3004.2 Dust control 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-Pad4- 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-- Piowdef-co-at-m—g- 4506.6 "No smoking" sign 4606.2 "No smoking" - Fruit ripening room 4607 Housekeeping - Fruit ripening room 5201.7 Sources of Ignition 7401.5.1 Pressure relief devices - General 7401.6 Pressure relief - Vent piping 7607 Smoking and open tanks 7902.5.3 Empty containers 7904.3.2.1 Storage tanks and sources of ignition 7904.6.4 No smoking 7904.4.6 Wharves 990608 R6980-00001 rmd 1451466 (1) OLM 7904.4.8 Spill Control and Secondary containment 7901.7.2Housekeeping 1103 Combustible materials 3601.6 Fire extinguisher - Dry cleaning plant 3601.7 No smoking - Dry cleaning plant 8003.1.2 Hazardous materials liquid signage 8003.1.12 Combustible materials - Clearance 8004.1.1 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. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code and Fire Code as adopted by this ordinance and Parts 2, 3, 4, 5 and 9 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7. Section 7. The City Council hereby finds that the changes and modifications to the California Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code that have been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area is characterized by geological instability including active and ancient landslides; and the extremely hilly topography of the City. The City Council hereby finds that the modifications to the State Building Code in Title 26 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated in Exhibit "A" to this ordinance, attached hereto and incorporated herein by this reference. The City Council hereby further finds that the modifications to the State Building Code in Title 26 of the Los Angeles County Code regarding roof coverings and roof repairs, grading permits, maximum slope, excavations, fill slope, and balanced cut and fill ratio (Sections 15.04.100, 15.04.110, 15.04.120, 15.04.130, 15.04.140, 15.04.150, 15.04.160, and 15.04.170 of the Rolling Hills Municipal Code) of the Rolling Hills Municipal Code), is reasonably necessary for the health, safety and general welfare of the residents of the City resulting from the extremely hilly topography of the City, the presence of active landslides and ancient landslides, the City's location in a wild fire hazard zone and the climatic characteristics of the City, including periods of heavy rainfall, often resulting in expansive soil conditions. 990608 R6980.00001 rmd 1451466 (1) -20- F---j 20- The City Council hereby further finds that the modifications to the State Plumbing Code in Title 28 of the Los Angeles County Code are. reasonably necessary because of the local climatic and topographical conditions indicated in Exhibit "B" of this ordinance, attached hereto and incorporated herein by this reference. The City Council hereby further finds that the modifications to the State Plumbing Code in Title 28 of the Los Angeles County Code regarding ABS and PVC DMV piping, rainwater piping and graywater systems (Sections 15.08.040D, 15.08.040E, 15.08.040F and 15.08.040G of Rolling Hills Municipal Code) are reasonably necessary for the health, safety and general welfare of the residents of the City resulting from geological characteristics of the City, which include proximity to earthquake fault zones, active and ancient landslide areas, the extremely hilly topography of the City, the present street and storm drain design, and the climatic characteristics of the City, including periods of heavy rainfall, which together require additional steps to protect against stormwater runoff pollution and stabilization of development in landslide areas. The City Council hereby further finds that the modifications to the State Mechanical Code in Title 29 of the Los Angeles County Code including the modification regarding Group R Occupancies (Section 15.12.040 of the Rolling Hills Municipal Code) and the modifications to the State Electrical Code in Title 27 of the Los Angeles County Code including the modification regarding installation (Section 15.16.040 of the Rolling Hills Municipal Code) is reasonably necessary for the health, safety and general welfare of the residents of the City resulting from the extremely hilly topography of the City, the presence of active landslides and ancient landslides, the City's location in a wild fire hazard zone and the climatic characteristics of the City, including periods of heavy rainfall, often resulting in expansive soil conditions. The City Council hereby further finds that the modifications to the State Fire Code in Title 32 of the Los Angeles County Code including the modification pertaining to brush clearance (Sections 15.20.040 of the Rolling Hills Municipal Code) are reasonably necessary because of the City's local climate, characterized by hot, dry .summers, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and the extremely hilly topography of the City, which increases the risk of rapidly spreading fires. The City Council hereby further finds that the modifications to the State Building, Electrical, Mechanical, Plumbing and Fire Codes in Titles 26, 27, 28, 29 and 32 of the Los Angeles County Code and Sections 15.04.030, 15.04.040, 15.04.050, 15.04.060, 15.040.070, 15.04.080, 15.04.090, 15.08.030, 15.08.040A, 15.08.0408, 15.08.040C, 15.12.030, 15.12.040, 15.12.050 and 15.16.030, 15.20.030, 15.20.060, 15.20.070 of the Rolling Hills Municipal Code regarding administrative provisions are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards. 990608 R6980-00001 rmd 1451466 (1) -21 Accordingly, the Council finds the modifications in this Ordinance to the State Fire Code, Building Code, Electrical Code, Mechanical Code, and Plumbing Code to be necessary for the protection of the public health, safety, and welfare. Section 8. 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. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof 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. 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. State law requires that localities adopt the California Building Standards Code and modifications thereto, by July 1, 1999. It is essential that the City have in effect on that date codes that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Building, Electrical, Mechanical, Plumbing and Fire 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 Codes contain vital provisions necessitated by the City's proximity to active earthquake fault zones and active and ancient landslides areas, the City's exposure to Santa Ana winds and its location in a wild fire hazard zone, and heavy periods of rain resulting in expansive soil conditions. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. Section 11. This ordinance shall be effective upon adoption and shall become operative on July 1, 1999. PASSED, APPROVED AND ADOPTED this th day f June , 1999. VAYOR ATTEST: DEPUTY CI C ERK 990608 R6980-00001 rmd 1451466 (1) - 22 - 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 277-U entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 1998 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 1998 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 1998 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 1998 EDITION; AND TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENTS TO SAID CODES; AMENDING CHAPTERS 15.04, 15.08, 15.12, 15.16 AND 15.20 OF THE ROLLING HILLS MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on June 79,1999. AYES: Councilmembers Hill, Murdock, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices T DEPUtY CITY CLERK -23- BUILDING CODE AMENDMENTS CODE SECTION CONDITION EXPLANATION 205 Administrative Editorial, redefined elsewhere in this Code 207 Administrative Editorial clarification of the term "Fire Code" 214 Administrative Editorial clarification of the term "Mechanical Code" 215 Administrative Add definition of term consistent with Federal Clean Water Act 310.4 Administrative Clarification of related Section numbers 904.2.2 Climatic For local drought and fire conditions 1009 Administrative Clarification of related Section numbers 1402.4 Geological Combination of unusually wet winter and soil conditions Climatic For unusually intense rainfall (EI Nino) Table 15-A Climatic For local drought and fire conditions Topographical For mudflows and landslides from steep hillsides Table 15-D-1 Geological For local seismic conditions Climatic For unusually intense rainfall (EI Nino) Table 15-D-2 Geological For local seismic conditions Climatic For unusually intense rainfall (El Nino) 1629.4.2 Geological For local seismic conditions 1630.8.2.2 Geological For local seismic conditions 1633.2.9 Item 4 Geological For local seismic conditions 1633.2.9 Geological For local seismic conditions Table 16-N Geological For local seismic conditions 1701.5 Geological For local seismic conditions 1703 Geological For local seismic conditions [1 1 1 1804.3 Item 4 1804.4 Geological,,, Geological 1806.1 Geological Climatic, Topographical 1806.6.1 Geological Climatic Figure 18-1-1 Geological 1921 Administrative 1921.2.1.7 Administrative 1921.6.6.3 Administrative 1921.6.6.5 Admi nistrative 1921.7.2.3' Geological 2104.6.2 Geological Chapter 22 Geological 12204 Geological 2307 Geological 2315.1 Geological 2315.3.3 Geological 2315.5.5 Geological 2315.5.6 Geological 12315.5.7 Geological 12315.6 Geological 2320.1- Geological 2320.5.1 Geological. 12320.5.3 Geological 12326.5.65. Geological LJ . For Jocal seismic conditions For local expansive soil and seismic conditions For local soil and seismic conditions For unusually intense rainfall (El Nino) For mudflows and landslides from steep hillsides For local seismic conditions For unusually intense rainfall (El Nino) For local soil conditions Editorial revision Editorial revision Clarification of related Section numbers Clarification of related Section numbers For local seismic conditions For local seismic conditions For local seismic conditions For local seismic -conditions For local seismic conditions For local seismic conditions For local seismic conditions For local seismic conditions For local seismic conditions For local -seismic conditions For local seismic conditions For local seismic conditions For local seismic conditions For local seismic conditions For local seismic conditions 2320.9.2 Geological For local seismic conditions 2320.11.3 Geological For local seismic conditions 2320.11.4 Geological For local seismic conditions Table 23 -II -1-1 Geological For local seismic conditions Table 23 -II -1-2 Geological For local seismic conditions Chapter 23 Geological For local seismic conditions Table 23 -IV -C-1 Geological For local seismic conditions 2513.4 Geological For local seismic conditions Table 25-1 Geological For local seismic conditions 3102.4.1 Geological For local seismic conditions 3102.4.3 Geological For local seismic conditions 3301.2 Administrative Clarification of appropriate Civil Code Section 3403.6-3403.8 Geological For local seismic conditions Chapter 64 Climatic For local drought and fire conditions Chapter 65 Climatic For local high wind conditions Administrative Establish consistency with Planning Code requirements Chapter 66 Climatic For local wind and fire conditions Topographical For local urban population concentration Chapter 67 Administrative Establish consistency with Los Angeles County Sheriffs' Department requirements Chapter 69 Geological For local soil and seismic conditions Chapter 70 Geological For local soil and seismic conditions Topographical For mudflows and landslides from steep Climatic hillsides - For unusually intense rainfall (EI Nino) Chapter 71 Climatic For local drought conditions Chapter 94 Geological For local seismic conditions Chapter 95 Geological For local seismic conditions 1 1 Chapter 96 Geological For local seismic conditions Chapter 98 Topographical, For local substandard conditions in urban and rural areas Chapter 99 Topographical For local substandard conditions in urban and rural areas 1208A.1.1 Topographical To mitigate airport noise 1208A.8.1 Topographical To mitigate airport noise 1208A.8.2 Topographical To mitigate airport noise 1208A.8.3 Topographical To mitigate airport noise 1208A.8.4 Topographical To mitigate airport noise 1208A.8.5 Topographical I To mitigate airport noise Appendix Chapter 18 Climatic To mitigate wet weather and high groundwater Appendix Chapter 34 Administrative To regulate existing building repairs and to Division IV comply with FEMA's mandated disaster recovery requirements PLUMBING CODE AMENDMENTS CODE SECTION CONDITION EXPLANATION 301.2.9 Administrative Publish existing fee for alternate methods 604.1 a Administrative To establish consistency with the requirements of State Housing and Community Development 701.1.2a Administrative To establish consistency with the requirements of State Housing and Community Development 713.1 Administrative Editorial correction of section numbers 717 Administrative To establish consistency with Title 20 of the Los Angeles County Code 721 Administrative To establish consistency with Title 20 of the Los Angeles County Code 903.1.2 Administrative To establish consistency with the requirements of State Housing and Community Development 1101.3 Administrative To establish consistency with the requirements of State Housing and Community Development Appendix C Administrative To provide reference standards for materials Appendix J Climatic For local drought conditions Subsection K1 (b) Administrative To also require Health Officer approval of private sewage disposal systems Subsections K1 (g), Administrative To also require Health Officer approval of (h), (1) private sewage disposal systems Subsections K3 (3), Administrative To also require Health Officer approval of (4) private sewage disposal systems Topographical For local groundwater conditions 1 1 1 1 Section K4 Administrative, , To also require'Health Officer approval of private sewage disposal systems Topographical For local soil conditions Subsection K6 (h) Administrative To also require Health Officer approval of private sewage disposal systems Topographical For local soil conditions _. Subsection K7 (b) Topographical For local soil conditions Section K9 Administrative To establish consistency with requirements of the Industrial Waste Ordinance Subsection K10 (a) Administrative Editorial correction of Section numbers (1) Table K-1 Administrative To establish consistency with requirements of the County Health Department Topographical For local condition of lakes Table K-2 Administrative For clarification of applicability of requirement Table K-3 Administrative To establish consistency with requirements of the County Health Department Topographical For local soil conditions Table K-4 Administrative To establish consistency with requirements of the County Health Department Topographical For local soil conditions Table K-5 Administrative To establish consistency with requirements of the County Health Department Topographical For local soil conditions Appendix M Topographical For local sewer capacity conditions Appendix S Climatic For local solar and energy conservation conditions ORDINANCE NO. 278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM. The City Council of the City of Rolling Hills does hereby ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of Rolling Hills and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 30 days from the passage thereof shall be posted pursuant to Government Code Section 36933 and thenceforth and thereafter the same shall be in full force and effect. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in accordance with the law. PASSED, APPROVED AND ADOPTED this 23`d day of gust,1 9. O4A;2KHEINSHEIMER MAYOR ATTEST: MARILYN L. KERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 278 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM. was approved and adopted at a regular meeting of the City Council on August 23, 1999 by the following roll call vote: AYES: Councilmembers Hill, Lay, Murdock, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 278 MARILYN L. KERN DEPUTY CITY CLERK -1- ORDINANCE NO. 279 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING 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. At the March 8, 1999 City Council meeting, following deliberations regarding a structure or deck area in a setback, the City Council requested that the Planning Commission look at the Municipal Code definition of a "structure" in the City of Rolling Hills. A deck was previously determined by the Planning Commission to be a structure although not specifically called out under the existing definition. Section 2. The Planning Commission studied the various options beginning on May 18, 1999 and concluding on August 17, 1999. On August 17, 1999, the Planning Commission held a duly noticed public hearing on the proposal to amend the Zoning Ordinance and requested that staff prepare a recommendation to the City Council of a proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a "structure." Section 3. On September 13, 1999 and September 27, 1999, the City Council held a public hearing regarding the proposed ordinance to define a deck as a structure and add the word "decks" to the definition of a structure. Section 4. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this .finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section 5. The definition of "Structure" of Section 17.12.190 ("S" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance is amended to read as follows: "'Structure' means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. 'Structure' shall also include fences, retaining walls, latticework, garden walls and decks." Section 6. The following paragraph is added to Section 17.12.040 ("D" words, terms and phrases) of Chapter 17.12 (Definitions) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "'Deck' means any platform elevated above the ground by means of pylons, posts or supporting walls, that is unenclosed, designed for persons to walk, sit or stand upon, and that is at least five feet in width or at least one foot in height measured from the top of the platform to the ground." PASSED, APPROVED AND ADOPTED ON THE 27TH DAY OrSPT� ER, 199 THS F. HEINSHEIMER, MAYOR ATTEST: .1 � 'vim MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 279 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 279 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO DEFINE A DECK STRUCTURE, ADD THE WORD "DECKS" TO THE DEFINITION OF A STRUCTURE, AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on September 27, 1999 by the following roll call vote: AYES: Councilmembers Hill, Lay and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Murdock and Mayor Pro Tem Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CI CLERK.l Ordinance No. 279 -2- ORDINANCE NO. 280 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND AND AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) AND 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. Section 15.16.040 of Title 15, Chapter 15.16 of the Rolling Hills Municipal Code is amended by deleting paragraphs A and B thereof, and relettering paragraph C thereof as paragraph A. Section 2. Title 17, Chapter 17.27 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 17.27.030 to read: "17.27.030. Undergrounding of utilities. All utilities servicing the building in question on any residentially zoned parcefshall be installed underground upon: A. Construction of any new primary or accessory building; B. Remodeling of a primary or accessory building which entails enlargement of the structure or alteration of the building footprint; C. Lengthening or adding electrical lines servicing a building or parcel; D. Relocating or increasing the electrical panel servicing a building, or parcel; or E. Inclusion of a parcel in an underground utility assessment district, in which event new or replacement utility poles are prohibited." PASSED AND APPROVED ON THE 14TH DAY OF AUGUST, 2000. ATTEST: MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 280 -1- Z STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 280 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND AND AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) AND TITLE 17 (ZONING OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on August 14, 2000 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 KERN, DEPUTY CITY CLERK Ordinance No. 280 -2- ORDINANCE NO. 281 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO CLARIFY AND MODIFY RECREATIONAL GAME COURT DEVELOPMENT STANDARDS FOR PROPERTY IN RESIDENTIAL ZONES AND TO AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE AND RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. At the March 27, 2000 joint meeting of the Planning Commission and City Council, following deliberations regarding existing conditions required for recreational game - courts, the City Council requested that the Planning Commission look at the Municipal Code section related to "recreational game courts" in the City of Rolling Hills. The request is briefly described as a proposed ordinance to clarify, modify and amend the Zoning Code to establish revised standards for recreational game court development in the residential zones. Section 2. The Planning Commission studied the various options on May 16, 2000 at a duly authorized public hearing. The Commissioners reviewed and approved Resolution No. 2000-13 an ordinance recommendation to clarify and modify the Zoning Code regarding recreational game courts so as to avoid future controversies as to the regulation of these structures. Some of the clarifications and modifications proposed addressed the priority of stables and corrals in the City of Rolling Hills, the division of a condition related to both grade of slope. and canyon location, mitigation of visual impacts, taking out the noise impact statement, landscape types, and landscape maturity. Section 3. On June 26, 2000 and July 10, 2000, the City Council held a public hearing regarding the proposed ordinance to clarify and modify recreational game court development standards for property in residential zones. Section 4. On April 20, 2000, 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 adjacent cities 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 April 22, 2000. No comments on the Negative Declaration were received. 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. The City Council amends Paragraph A of Section 17.16.010 (Intent and Purpose) of Chapter 17.16 [Residential Agriculture -Suburban (RA -S) Zone] of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code 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 of high quality, that accommodates and maintains equestrian uses and facilities as opposed to large expanses of concrete such as those used for recreational game courts, does not adversely impact adjacent properties, and which preserves the rural character, natural terrain, flora and fauna of the community. Section 7. The City Council amends Paragraph A of Section 17.16.040 (Conditional uses) of Chapter 17.16 [Residential Agriculture -Suburban (RA -S) Zone] of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "A. Conditional Uses Requiring Primary Residential Use. The following conditional uses may be permitted on property with a legally established single-family residence and on which provision is made for a legally required and accessible stable and corral area: 1. More than one driveway for general circulation; 2. Cabana and detached recreation room; 3. Corral or pen requiring grading; 4. Detached garage; 5. Guest house; 6. Horseback riding ring; 7. Mixed use structure; ORDINANCE NO. 281 PAGE 1 8. Recreational game court." Section 8. The City Council amends Paragraph 7 (Recreational Game Courts) of Section 17.16.210(A) (Conditions for conditional use permits) of Chapter 17.16 [Residential Agriculture -Suburban (RA -S) Zone] of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: 117. Recreational Game Courts. Tennis, racquetball and squash courts, and any other fenced, enclosed, paved or hard -surfaced areas used for recreational purposes shall adhere to the following conditions. a. A legally required and accessible stable and corral area shall be provided on the site in accordance with Section 17.16.010(A. b. A game court shall not be located in a front yard. C. A game court shall not be located within fifty feet of any paved road or street easements. d. Retaining walls constructed for a game court shall not exceed four feet in height at any point along the wall; retaining walls shall not be exposed to the exterior; and if necessary to minimize the visual impact, the game court surface shall be inset or sunken below grade. e. The construction of the proposed game court shall conform to the lot coverage limitations as set forth in Section 17.16.070. f. A game court shall not be located on a slope that exceeds a 2:1 grade. g. A game court shall not be located on the side or bottom of a canyon or in the path of a natural drainage course. h. When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed a total cut and fill of seven hundred fifty cubic yards. i. When grading is required for a game court, cutting and filling shall be balanced on site and shall not exceed an area of ten thousand square feet. j. The existing topography, flora, and natural features of the site shall be retained to the greatest extent possible. k. Drainage systems shall be incorporated into the game court and shall be approved by the City Engineer. A game court shall be adequately screened on all four sides. M. Landscape screening shall include native or other drought -tolerant mature trees and shrubs which shall be maintained in a healthy condition. The landscape screening shall not exceed the mature height determined by the Planning Commission or City Council and shall be approved in accordance with the site plan review process pursuant to Chapter 17.46. n. Landscaping shall not interfere with the viewscape of surrounding properties or easements pursuant to Chapter 17.26. o. Game court lighting shall not be permitted. p. Design and construction of a game court shall include methods to mitigate visual and noise impacts." PASSED AND APPROVED ON THE 10TH DA1!5 LY/2000. D.D.S., MAYOR ORDINANCE NO. 281 PAGE 2 ATTEST: MARILYN KIIRN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 281 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO CLARIFY AND MODIFY RECREATIONAL GAME COURT DEVELOPMENT STANDARDS FOR PROPERTY IN RESIDENTIAL ZONES AND TO AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE AND RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION. was approved and adopted at a regular meeting of the City Council on July 10, 2000 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Mayor Pro Tem Murdock and Mayor Pernell. NOES: None. ABSENT: Councilmember Lay. ABSTAIN: None- and one. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK ORDINANCE NO. 281 PAGE 3 1 1 Ordinance No. 282 NOT ADOPTED ORDINANCE NO. 282 -1- ORDINANCE NO. 283 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE The City Council of the City of Rolling Hills does hereby ordain as follows: Section 1. Section 8.32.030 of Title 8, Chapter 8.32 of the Rolling Hills Municipal code is hereby amended by adding thereto a new subparagraph (D) to read as follows: "D. This Chapter also sets forth requirements for the construction and operation of certain "New Development" and "Redevelopment" and other projects (as further defined herein) allowed by the zoning ordinance which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board - Los Angeles Region, and on file in the office of the City Clerk of this City. This Chapter authorizes the Authorized Enforcement Officer to define and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to collect funds from projects which are granted such waivers, to cite infractions and to impose fines pursuant to this Chapter. Except as otherwise provided herein, the Authorized Enforcement Officer shall administer, implement and enforce the provisions of this section." Section 2. The first (preamble) Paragraph of Section 8.32.040 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read as follows: . "Except as specifically provided herein, any term used in this Chapter shall have the same meaning as that term as defined in the current Municipal NPDES Permit, or as defined in the current version of the Standard Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board - Los Angeles Region, or if it is not specifically defined in either the Municipal NPDES Permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this ordinance conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this Chapter." Section 3. Paragraph 3 of Section 8.32.040 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code defining the term "Best management practices" is hereby amended to read as follows: "Best Management Practices (BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge or waste -handling and disposal, among others." Section 4. Section 8.32.040 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to add the following new definitions in alphabetical sequence and by renumbering the existing subparagraphs of that Section accordingly: "Discretionary Project" means a project which requires the exercise of judgment or deliberation when the City must approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Environmentally Sensitive Area" means an area designated as an "Area of Special Biological Significance "by the State Water Resources Control Board (Water Quality Control Plan, Los Angeles Region: Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties (1994) and amendments) or an area designated as an "Area of Ecological Significance by the County of Los Angeles" (Los Angeles County Significant Areas Study, Los Angeles County Ordinance No. 283 -1- Department of Regional Planning (1976) and amendments), or an area designated as a "Significant Natural Area" by the California Resources Agency, and as defined in the current version of the SUSMP approved by the Regional Board. "Hillside" means property located in an area with known erosive soil conditions, where the developer contemplates grading on any natural slope that is twenty-five percent (25%) or greater. "Infiltration" means the downward entry of water into the surface of the soil. "New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces or the creation or addition of fifty (50%) percent or more of impervious surfaces or the making of improvements to fifty (50%) or more of the existing structure, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. "Source Control BMP" means any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to control storm water pollution from New Development and Redevelopment or other project specifically identified in Section 8.32.095(a). "Storm Event" means a rainfall event that produces more than 0.1 inch of precipitation and that, which is separated from the previous storm event by at least 72 hours of dry weather. "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). The category may include both Treatment Control BMP's and Source Control BMP's. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment Control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process." Section 5. Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 8.32.095 to read as follows: "8.32.095 Standard Urban Storm Water Mitigation Plan ("SUSMP"). Requirements for New Development and Redevelopment projects. v a. Projects Requiring a SUSMP. The following New Development and Redevelopment project categories shalf require a Storm Water Mitigation Plan which complies with the most recent SUSMP: 1. Single -Family Hillside Residences; 2. Residential Subdivisions with ten (10) or more housing units; and Ordinance No. 283 -2- u FJ 1 3. Projects located within or directly adjacent to or discharging directly to an Environmentally Sensitive Area. b. Incorvoration of SUSMP Into Project Plans. An application for a New Development or a Redevelopment Project identified in Paragraph a of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's set forth in project plans shall meet the design standards set forth in the SUSMP. If a project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of the project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. C. Issuance of Gradiniz or Building Permits. No building or grading permit may be issued for any New Development or Redevelopment Project identified in Paragraph a. of this Section until the Authorized Enforcement Officer confirms that either (1) the project plans comply with the applicable SUSMP requirements, or (2) compliance with the applicable SUSMP requirements is impracticable for one or more of the reasons set forth in Paragraph e regarding issuance of waivers. d. Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of Occupancy, the Authorized Enforcement Officer shall require facility operators and/or owners to build all storm water pollution control Best Management Practices and Structural or Treatment Control BMP's that are shown on the approved project plans and to submit a signed Certification Statement stating that the site and all Structural or Treatment Control BMP's will be maintained in compliance with the SUSMP and other applicable regulatory requirements. e. Grantin, of Waiver. The Authorized Enforcement Officer shall have the authority to grant a waiver to a Development or Redevelopment Project from the requirements of the SUSMP if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all other Structural or Treatment Control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the Regional Board: Extreme limitations of space for treatment on a Redevelopment project; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten (10) feet from the soil surface. f. Transfer of Properties Subject to Requirement For Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMP's meeting the then current standards of the City and the SUSMP. Such requirement shall be included in any sales or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all Structural or Treatment Control BMP's at least once a year and retain proof of inspection. 2. For residential properties where the Structural or Treatment Control BMP's are located within a common area which will be maintained by the Community Association, appropriate arrangements shall be made with the Association regarding the responsibility for maintenance. 3. If Structural or Treatment Control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. Ordinance No. 283 -3- g. Storm Water Abatement Fund. The Authorized Enforcement Officer shall collect from the project applicant that has been granted a waiver an amount equaling the cost in savings from such waiver, as determined by the Authorized Enforcement Officer in accordance with the latest version of the SUSMP. Such collected funds shall be deposited in the Storm Water Pollution Abatement Fund, once established, to be used to promote regional or alternative solutions for storm water pollution prevention. b. CE A. Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act." Section 6. Subsection 8.32.100(A)(1) of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is amended to read as follows: "1. Any condition caused or permitted to exist in violation of a. Any of the provisions of this Chapter; or b. Any failure to comply with any applicable requirement of either the SUSMP or an approved Storm Water Mitigation Plan with respect to a property; or C. Any failure to comply with any certification or verification provided by a project applicant or the applicant's successor in interest; or d. Any failure to properly operate and maintain any Structural or Treatment Control BMP on a property in accordance with an approved Storm Water Mitigation Plan or the SUSMP, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any Authorized Enforcement Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney." Section 7. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 14' day of August, 2000. ;LL, D.D.S., MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 283 -4- 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 283 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on August 14, 2000 by the following roll call vote: AYES: Councilmembers hill, Heinsheimer, 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 IIRN, DEPUTY CITY CLERK Ordinance No. 283 -5- ORDINANCE NO. 284 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE The City Council of the City of Rolling Hills does hereby ordain, as follows: Section 1. Section 8.32.030 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended by adding thereto a new subparagraph (D) to read as follows: "D. This Chapter also sets forth requirements for the construction and operation of certain "New Development" and "Redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This Chapter authorizes the Authorized Enforcement Officer to define and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to cite infractions and to impose fines pursuant to this Chapter. Except as otherwise provided herein, the Authorized Enforcement Officer shall administer, implement and enforce the provisions of this section." Section 2. The first (preamble) paragraph of Section 8.32.040 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read as follows: "Except as specifically provided herein, any term used in this Chapter shall be defined as that term is defined in the.current Municipal NPDES Permit, or in the current version of the Standard Urban Storm Water .Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board -Los Angeles Region, or if it is not specifically defined in either the Municipal NPDES Permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this ordinance conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this Chapter:" Section 3. Paragraph 3 of Section 8.32.040 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code defining the term "Best Management Practices" is hereby amended to read as follows: "Best Management Practices ( BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational Ordinance No. 284 -1- 1 methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste -handling And disposal, among others." Section 4. Section 8.32.040 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to add the following new definitions in appropriate alphabetical sequence: ""Discretionary Project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Greater than (>).9 unit home subdivision" means any subdivision being developed for 10 or more single-family or multi -family dwelling units. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five Percent (25%) or greater. "Infiltration" means the downward entry of water into the surface of the soil. "New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. "Source Control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to control storm water pollution from New Development and Redevelopment or any project specifically identified in Section 8.32.095(a). Ordinance No. 284 -2- "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both Treatment Control BMP's and Source Control BMP's. "Treatment" means,the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment Control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process." Section 5. Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 8.32.095 to read as follows: "8.32.095 Standard Urban Storm Water Mitigation Plan ("SUSMP") Requirements for New DevOovment and Redevelopment Proiects . a. Projects Requiring a SUSMP. The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Code of the City, shall require a Storm Water Mitigation Plan which complies with the most recent SUSMP: Single -Family Hillside Residences; and 2. Greater than (>) 9 unit home subdivisions. b. Incorporation of SUSMP into Project Plans. An applicant for a New Development or a Redevelopment Project identified in paragraph a of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's set forth in project plans shall meet the design standards set forth in the SUSMP. If a. project applicant has included or is required to include Structural or Treatment Control .BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement; as - part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. c. Issuance of Discretionary Permits. No Discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph a. of this Section until the Authorized Enforcement Officer confirms that either (1) the project plans comply with the applicable SUSMP requirements, or (2) compliance with the applicable SUSMP requirements is impracticable for one or more of the reasons set forth in paragraph e. regarding issuance of waivers. Where a Redevelopment project results in an increase of less than fifty percent (50%) of the impervious surfaces of a previously existing development, and the existing development did not require a SUSMP at the time the last Discretionary approval was granted by the City, the Design Standards set forth in the SUSMP will apply only to the addition, and not to the entire development. Ordinance No. 284 -3- 1 d. Issuance of Certificates of Occupancv. As a condition for issuing a Certificate of Occupancy for New Development or Redevelopment Project identified in paragraph a. of this Section, the Authorized Enforcement Officer shall require facility operators and/or owners to build all the storm water pollution control Best Management Practices and Structural or Treatment Control BMP's that are shown on the approved project plans and to submit a signed Certification Statement stating that the site and all Structural or Treatment Control BMP'S will be maintained in compliance with the SUSMP and other applicable regulatory requirements. e. Grantine of Waiver. The Authorized Enforcement Officer shall have the authority to grant a waiver to a Development or Redevelopment Project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all Structural or Treatment Control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the Regional Board: 1. Extreme limitations of space for treatment on a Redevelopment project; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten (10) feet from the soil surface. f. Transfer of Properties Subiect to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMP's meeting the then current standards of the City and the SUSMP. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all Structural or Treatment Control BMP's at least once a year and retain proof of inspection. 2. For residential properties where the Structural or Treatment Control BMP's are located within a common area which will be maintained by the Community Association, appropriate arrangements shall be made with the Association regarding the responsibility for maintenance. 3. If Structural or Treatment Control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. Ordinance No. 284 -4- g. CEOA. Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act." Section 6. Subsection 8.32.100A1 of Title 8, Chapter 8.32 of the Rolling Hills Municipal Code is amended to read as follows: "1. Any condition caused or permitted to exist in violation of a. Any of the provisions of this Chapter; or b. Any failure to comply with any applicable requirement of either the SUSMP or an approved Storm Water Mitigation Plan with respect to a property; or C. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or d. Any failure to properly operate and maintain any Structural or Treatment Control BMP on a property in accordance with an approved Storm Water Mitigation Plan or the SUSMP, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any Authorized Enforcement Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney." Section 7. Ordinance No. 283 is hereby repealed. Section 8. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND Ordinance No. 284 -5- 1 D this--§ fday-of January, 2001. ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES § CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 284 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on January 8, 2001 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,x 4_AJ,,,� ,40- . 1-/�, t� MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 284 -6- ORDINANCE NO. 285 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING RETROACTIVE PERMITS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding retroactive permits at a duly noticed public hearing on December 19, 2000. The Planning Commission's recommendation was forwarded to the City council by Resolution No. 2000-30, dated December 19, 2000. Section 2. On January 22, 2001 the City Council held a public hearing regarding -" proposed Ordinance No. 285 to codify existing City policy regarding retroactive permits and to add Section 17.08.060 to the Rolling Hills Municipal Code. Section 3. Section 17.08.060, of Chapter 17.08 (ESTABLISHMENT OF ZONES AND BOUNDARIES) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code is hereby added to read in its entirety as follows: "17.08.060 Retroactive permits. The City Council may by resolution establish procedures, standards and fees for processing and consideration of discretionary permits for construction which is conducted without the acquisition of permits required by this title." PASSED AND APPROVED ON THE 12THDAY OF FEBRUARY, 2001. ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 285 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING RETROACTIVE PERMITS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. YOR was approved and adopted at a regular meeting of the City Council on February 12, 2001 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay and Mayor Pro Tem Murdock. NOES: None. ABSENT: Mayor Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITYCLERK ORDINANCE NO. 285 PAGE 1 1 1 1 ORDINANCE NO. 286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on December 19, 2000. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 2000-31, dated December 19, 2000. Section 2. On January 22, 2001 the City Council held a public hearing regarding proposed Ordinance No. 286 to codify existing City policy regarding final grading plans and to amend Section 17.46.070 of the Rolling Hills Municipal Code. Section 3. Subparagraph E. of Section 17.46.070, of Chapter 17.46 (SUBSEQUENT MODIFICATION) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code is hereby added to read in its entirety as follows: "E. Upon approval of the Building Official of the final grading plans for a project that has received Site Plan review approval, the applicant shall submit the grading plans to the City for review and approval as a precondition of issuance of a grading permit. Such review will require a public hearing before the Planning Commission if the final grading plans represent a major modification of the project." PASSED AND APPROVED ON THE 12'hDAY C ATTEST: f, d . (--,,MARILYN KE , DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 286 entitled: kYOR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS REGARDING FINAL GRADING PLANS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 12, 2001 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay and Mayor Pro Tem Murdock. NOES: None. ABSENT: Mayor Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 286 PAGE 1 DEPUTY CITY CORK C 1 ORDINANCE NO. 287 AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING OUTDOOR LIGHTING STANDARDS AND AMENDING 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. Findings. The residents of the City of Rolling Hills treasure its rural environment. As is set forth in the City's General Plan, the Council finds that the rural environment is characterized by natural light, and is degraded by artificial illumination at night. Nighttime darkness throughout the City contributes significantly to the uniquely tranquil rural environment, creates a more natural setting for wildlife that inhabit the area, enhances the quality of life and adds to property values. For the foregoing reasons, the City provides no roadway illumination and encourages residents to minimize the illumination of their properties to avoid light spillage onto neighboring properties, easements and roadways. The outdoor lighting standards adopted herein serve to advance the foregoing goals and further public health, safety and welfare. Pursuant to authority and criteria contained in the California Environmental Quality Act (California Public Resources Code Section 21000 ete seq.) ("CEQA") and the CEQA Guidelines (California Code of Regulations Section 15000 et seq.), planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential to cause a significant effect on the environment. Based on this finding, planning staff has determined that the proposed ordinance is categorically exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and complies with the requirements of CEQA. Based upon this finding, the City Council finds that the proposed ordinance is categorically exempt from CEQA in accordance with the CEQA Guidelines. Section 2. Paragraph D. of Section 17.16.150 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: "D. Walkways, steps, mailboxes and irrigations systems are permitted in any yard area." Section 3. Section 17.16.190 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended by adding thereto a new paragraph E. to read as follows: "E. Outdoor lighting. Outdoor lighting is prohibited except as provided below: 1. Lighting is permitted along pedestrian pathways for the purpose of providing safe passage. Bulbs used in such lighting shall be non -reflective and shall not exceed the wattage of a forty (40) watt incandescent light bulb to a maximum of 400 lumens, or their equivalent if non -incandescent lighting is used. Lighting fixtures shall accommodate only one bulb, shall incorporate shields to cast light downward, shall be spaced no closer than twenty (20) feet apart, and shall be no higher than 18 inches from grade to the top of the fixture. In no event shall light from such fixtures be cast upward or off the property. 2. Security lighting is permitted, provided that in no event shall a security light be set to shine for longer than five minutes following activation. 3. Temporary lighting is permitted for holidays and for special events. 4. Entry post lighting is permitted at the foot of a driveway provided that lighting is cast downward and does not spill onto the roadway. Bulbs used in such lighting shall be non -reflective and shall not exceed the wattage of a forty (40) watt incandescent light bulb to a maximum of 400 lumens, or their equivalent if non -incandescent lighting is used. 5. Lighting that illuminates porches and entry ways into buildings is permitted. Bulbs used in such lighting shall be non -reflective and shall not exceed the wattage of a forty (40) watt incandescent light bulb to a maximum of 400 lumens, or their equivalent if non -incandescent lighting is used. Ordinance No. 287 -1- Section 4. All development occurring after the date of adoption of this Ordinance shall comply with the standards set forth in Section 3 above. Any lighting existing on the date of adoption of this Ordinance which is not in compliance with the standards set forth in Section 3 above shall be deactivated, removed or otherwise brought into compliance within one (1) year of adoption. To avoid hardship associated with major modifications of existing lighting improvements, modifications which result in substantial compliance with the above standards and which meet the intent of this Ordinance, as determined by the City Manager, shall be deemed to constitute compliance. The City Manager's determination in that regard shall be subject to appeal to the Planning Commission. PASSED, APPROVED AND ADOPTED this 26' day of Marc o ernell, I.D.S. Mayor Attest: Marilyn L. Kern Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 287 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ESTABLISHING EXTERIOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on March 26, 2001 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. Kern Deputy City Clerk Ordinance No. 287 -2- 1 1 1 1 ORDINANCE NO. 288 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PRIVATE STREETS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Section 10.04.090 of Title 10, Chapter 10.04 is amended by adding to the list of streets set forth in that Section, in its proper alphabetical location, the following street: "Appaloosa Lane" PASSED, APPROVED AND ADOPTED this 10`' day of September/, 2001. Wt.. J, I" / / Jody SrdIk Mayor Attest: Marilyn L. kern Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 288 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PRIVATE STREETS was approved and adopted at a regular meeting of the City Council on September 10, 2001 by the following roll call vote: AYES: Councilmembers Mayor Pro Tem NOES: None. ABSENT: None . ABSTAIN: None . Heinsheimer, Hill, Pernell, Lay and Mayor Murdock. and in compliance with the laws of'California was posted at the following: Administrative Offices Ordinance No. 288 Marilyn L. Kern Deputy City Clerk -1- ORDINANCE NO. 289 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING AND SUPPLEMENTING 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. Section 8.32.020(C) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read: "C. The City of Rolling Hills is a co -permittee under the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board — Los Angeles Region, which also serves as a NPDES permit under the Federal Clean Water Act and as a co -permittee, the city is required to implement procedures with respect to the entry of non -storm water discharges into the municipal storm water system." Section 2. Subsections 8.32.020(D), 8.32.020(E), and 8.32.020(F) of Chapter 8.32 of the Rolling Hills Municipal Code are hereby repealed. Subsections 8.32.020(G), 8.32.020(H), 8.32.020(I) and 8.32.020(J) are hereby renumbered as subsections 8.32.020(D), 8.32.020(E), 8.32.020(F), and 8.32.020(G), respectively. Section 3. Section 8.32.030(C) of Chapter 8.32 of the Rolling Hills Municipal Code is amended to read as follows: "C. This chapter is also intended to provide the city with the legal authority necessary to control discharges to and from those portions of the municipal storm water system over which it has jurisdiction as required by the municipal NPDES permit and to hold dischargers to the municipal storm water system accountable for their contributions of pollutants and flows." Section 4. Section 8.32.040 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to add the following definitions in appropriate alphabetical sequence: "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance. Construction includes structure teardown. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. "Directly Adjacent" means situated within 200 feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging Directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands. Ordinance No. 289 -1- "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation. "Inspection" means entry and the conduct of an on-site review of a facility and its operations, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research.- 2. esearch;2. Request for entry; 3. Interview of facility personnel; 4. Facility walk-through. 5. Visual observation of the condition of facility premises; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit conference (to discuss preliminary evaluation); and, 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Maximum Extent Practicable (MEP)" means the standard for implementation of storm water management programs to reduce pollutants in storm water, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. See also State Board Order WQ 2000-11 at page 20. "Planning Priority Projects" mean those projects that are required to incorporate appropriate storm water mitigation measures into the design plan for their respective project, including: or 1. Ten (10) or more unit homes (includes single family homes, multifamily homes, condominiums, and apartments); 2. Parking lots Five Thousand (5,000) square feet or more of surface area or with 25 or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Projects located in or directly adjacent to or discharging directly to an ESA, which meet the thresholds described herein; and 5. Those projects that require the implementation of a site-specific plan to mitigate post -development storm water for new development not requiring a SUSMP but which may potentially have adverse impacts on post -development storm water quality, and where the following project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; (c) Outdoor horticulture activities." Ordinance No. 289 -2- "Project" means all development, redevelopment, and land disturbing activities. "Runoff" means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. w " "Significant Redevelopment" means land -disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site." "Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity. Section 5. Section 8.32.040 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to substitute the following definitions for and in place of the existing definitions, as follows: "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except discharges pursuant to a separate NPDES permit, discharges that are identified in Part 1, "Discharge Prohibitions" of Order 01- 182, and discharges authorized by the Regional Board Executive Officer. "Municipal NPDES permit" means the "Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges Within the County of Los Angeles, and the Incorporated Cities Therein, Except the City of Long Beach" (Order No. 01-182), NPDES Permit No. CAS00401, dated December 13, 2001, issued by the California Regional Water Quality Control Board — Los Angeles Region, and any successor permit to that permit. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health safety. "Storm event" means a rainfall event that produces more than 0.1 inch of precipitation in 24 hours unless specifically stated otherwise. Section 6. Section 8.32.060(A) of Chapter 8.32 of the Rolling Hills Municipal Code is amended to read as follows: "A. Illicit Discharges and Connections. It is prohibited to establish, use, maintain, or continue illicit connections to the municipal storm water system, or to commence or continue any illicit discharges to the municipal storm water system. This prohibition against illicit connections is expressly retroactive and applies to connections made in the past but excludes improvements to real property permitted over which uncontaminated storm water runoff flows." Ordinance No. 289 -3- Section 7. Section 8.32.060(D) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read as follows: "D. Non -Storm Water Discharges. The following non -storm water discharges into the municipal storm water system are prohibited unless in compliance with a separate NPDES permit or pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations; 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system." Section 8. Section 8.32.060(F) is hereby added to Chapter 8.32 of the Rolling Hills Municipal Code to read as follows: "F. Industrial Activities. No person shall conduct any industrial activity in the city." Section 9. The preamble of Section 8.32.080 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to substitute the following in its place: "Owners and occupants of property within the city shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to:" Section 10. Existing Section 8.32.080(B) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended by adding the following sentence to the end of the subparagraph: " Sweeping and collection of debris is encouraged for trash disposal." Section 11. Existing Section 8.32.090 of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to designate the existing provision as subparagraph "A" and to add subparagraphs B, C and D as follows: "A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form Ordinance No. 289 -4 acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the city. B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall apply to all construction projects within the city and shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy: 1.Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum extent practicable. 2.Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3.Between October 1 and April 15, all excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, D. A Local Storm Water Pollution Prevention Plan and Wet Weather Erosion Control Plan for construction sites of one acre or greater shall be developed consistent with the municipal NPDES permit. Such plans must be submitted to the city for review and approval prior to the issuance of building or grading permits." Section 12. Existing Section 8.32.095(A) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read, as follows: "A. Projects Requiring a SUSMP. The following projects for New Development and Redevelopment, if subject to Discretionary Project approval in the Zoning Ordinance of the City, shall require a Storm Water Mitigation Plan that complies with the most recent SUSMP and the current Municipal NPDES Permit: Ten or more unit homes; 2. Parking lots Five Thousand (5,000) square feet or more of surface area or with twenty-five (25) or more parking spaces; 3. Redevelopment projects in subject categories that meet Redevelopment thresholds; 4. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into an Environmentally Sensitive Area (as defined herein), where the development will: i. Discharge storm water and urban runoff that is likely to impact a sensitive biological species or habitat; and ii. Create 2,500 square feet or more of impervious surface area." Section 13. Existing Section 8.32.095(B) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read, as follows: Ordinance No. 289 -5- "B. Incorporation of SUSMP into Project Plans. 1. An applicant for a New Development or a Redevelopment Project identified in paragraph a of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan ("SWMP"), which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's (including, as applicable, post -construction Treatment Control BMP's) set forth in project plans shall meet the design standards set forth in the SUSMP and the current Municipal NPDES Permit. 2. If a Project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification shall include the applicant's signed statement, as part of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. 3. A new single-family hillside home development or Redevelopment shall include mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. Numerical Design Criteria: Post -construction Treatment Control BMPs for all projects must incorporate, at a minimum, either a volumetric or flow based treatment control design standard, or both, as identified below to mitigate (infiltrate, filter or treat) storm water runoff: (a) Volumetric Treatment Control BMP (1) The 85th percentile 24-hour runoff event determined as the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or (2) The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — Industrial/ Commercial, (1993); or (3) The volume of runoff produced from a 0.75 inch storm event, prior to its discharge to a storm water conveyance system; or (4) The volume of runoff produced from a historical -record based reference 24-hour rainfall criterion for "treatment" (0.75 -inch average for the Los Angeles County area) that achieves approximately the same reduction in pollutant loads achieved by the 85th percentile 24-hour runoff event. (b) Flow Based Treatment Control BMP (1) The flow of runoff produced from a rain event equal to at least 0.2 inches per hour intensity; or (2) The flow of runoff produced from a rain event equal to at least two times the 85th percentile hourly rainfall intensity for Los Angeles Ordinance No. 289 -6- County; or (3) The flow of runoff produced from a rain event that will result in treatment of the same portion of runoff as treated using volumetric standards above. 5. Applicability of Numerical Design Criteria: The numeric design criteria listed above shall apply to the following categories of projects required to design and implement post -construction treatment controls to mitigate storm water pollution: (a) Single-family hillside residential developments of one (1) acre or more of surface area; (b) Housing developments of ten (10) units or more; (c) Parking lots 5,000 square feet or more of surface area or with 25 or more parking spaces; (d) Projects located in, adjacent to or discharging directly to an Environmentally Sensitive Area that meet threshold conditions identified above in Section 8(a); and (e) Redevelopment projects in subject categories that meet Redevelopment thresholds. 6. The following categories of Projects which otherwise do not require a SUSMP, but which may potentially have adverse impacts on post -development storm water quality, shall be designed to include post -construction Treatment Controls to mitigate storm water pollution and the implementation of a site- specific plan to mitigate post -development storm water for New Development and Redevelopment where one or more of the following Project characteristics exist: (a) Vehicle or equipment fueling areas; (b) Vehicle or equipment maintenance areas, including washing and repair; or (c) Outdoor horticulture activities. 7. A SUSMP, or site-specific requirements, including post -construction storm water mitigation, shall be required for all Planning Priority Projects (as defined herein) that undergo Significant Redevelopment (as defined herein) in their respective categories. 8. Existing single family structures are exempt from the Redevelopment requirements set forth in this Chapter." Section 14. Existing Section 8.32.095(C) of Chapter 8.32 of the Rolling Hills Municipal Code is hereby amended to read as follows: "C. Issuance of Discretionary Permits. No discretionary permit may be issued for any New Development or Redevelopment Project identified in paragraph A of this Section until the Authorized Enforcement Officer confirms that the project plans comply with the applicable stormwater mitigation plans and enumerated design criteria requirements. Where Redevelopment results in an alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. Where Redevelopment results in an alteration to less than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Existing single family structures are exempt from the redevelopment requirements." Section 15. Section 8.32.100(H) is hereby added to Chapter 8.32 of the Rolling Hills Municipal Code to read as follows: Ordinance No. 289 -7- "H. Authority to Conduct Samplings and Establishing Sampling Devices. With the consent of the owner or occupant or pursuant to an inspection warrant, any authorized enforcement officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in stormwater and/or non-stormwater runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMPs; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge." Section 16. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. Section 17. Declaration of Urgency. This Ordinance is an urgency ordinance for the immediate preservation of the public health, safety and welfare and therefore shall become effective immediately upon its adoption pursuant to Government Code section 36937. This Ordinance must be adopted and must become effective immediately in order to ensure compliance with the storm mitigation measures prescribed in the new Municipal NPDES Permit adopted by the Regional Water Quality Control Board (RWQCB) in December 2001 as part of the municipal storm water program to address storm water pollution from new development and redevelopment by the private sector. The City is required by the new Municipal NPDES Permit to modify its existing SUSMP ordinances or resolutions by August 1, 2002, to take effect no later than September 2, 2002. Failure to comply with that deadline could jeopardize the City's compliance with the Permit. Accordingly, it is necessary for the protection of the public health, safety and welfare that this Ordinance become effective immediately. PASSED, APPROVED AND ADOPTED this 12' day of August, 2002 Allen Lay Mayor Attest: Marilyn L. Kern Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 289 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING AND SUPPLEMENTING THE ROLLING HILLS MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF. Ordinance No. 289 -8- 1 1 was approved and adopted at a regular meeting of the City Council on August 12, 2002 by the following roll call vote: AYES: Councilmembers Heinsheimer, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: Councilmember Murdock. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices nn p Marilyn L. Dern, Deputy City Clerk Ordinance No. 289 -9- ORDINANCE NO. 290-U AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2001 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2001 EDITION; TITLE 28 OF THE LOS ANGELES CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2001 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2001 EDITION; TITLE 32, FIRE CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2001 EDITION; MAKING AMENDMENTS TO SAID CODES; AMENDING CHAPTERS 15.04, 15.08, 15.12, 15.16, AND 15.20 OF 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. Sections 15.04.010, 15.04.020, and 15.04.030 of Chapter 15.04 (Building Code) of Title 15 (Buildings and Construction) of the Rolling Hills Municipal Code are hereby amended to read as follows: 15.04.010 Adoption of Building Code A. Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended, changed and modified and in effect November 1, 2002, adopting the California Building Code, 2001 Edition (Part 2 of Title 24 of the California Code of Regulations), including Sections 101.17.1 through 101.17.16 of Chapter 1, Chapters 2 through 21A, Divisions I - III and VI -XI of Chapter 22, Chapters 22A through 35, Division II of Appendix Chapter 3, Appendix Chapter 3A, Division II of Appendix Chapter 4, and Appendix Chapter 9, Division IIA of Appendix Chapters 12, 15, 16, 30, 31, and 33 is hereby adopted by reference, and shall be known and may be cited as the building code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Building Code, 2001 Edition, Title 26 of the Los Angeles Code, or any amendment to the Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2001 Edition, 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". 15.04.030 Section 105 amended. Section 105 of the Building Code is amended to add a new subsection 105.7 to read: 105.7 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 an 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 the 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 mail to all property owners within 1,000 feet of the exterior boundaries of the subject property and all owners of record of the subject property at the time of mailing said notice. Section 2. Section 15.04.040 of Chapter 15.04 of Title 15 of the Rolling Hills Municipal Code is hereby amended to change the definition of 'Building Department" to read as follows: "Building Department" shall mean the Building and Safety Division of the Public Works Department. Section 3. Section 15.04.180 of Chapter 15.04 of Title 15 is hereby renumbered as Section 15.04.190 and a new Section 15.04.180 is hereby added to read: Ordinance No. 290 -1- 15.04.180 Section 3309.13 amended. Section 3309.13 of Appendix Chapter 33 of the Building Code, entitled "Land Use" is amended to read: 3309.13 LAND USE. The building official shall not issue a grading permit for work on a site unless the proposed land use for the site shown on the grading plan application complies with the provisions of Title 17, entitled "Zoning" of the City of Rolling Hills Municipal Code. Section 4. Section 15.08.010 of Chapter 15.08 (Plumbing Code) of Title 15 (Buildings and Construction) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.08.010 Adoption of Plumbing Code A. Except as hereinafter provided, Title 28, Plumbing Code, of the Los Angeles County Code, as amended, changed and modified and in effect November 1, 2002, adopting the California Plumbing Code, 2001 Edition (Part 5 of Title 24 of the California Code of Regulations), including Sections 101.11 through 101.11.15 of Chapter 1, Chapters 2 through 16 and Appendices A, B, C, D, G -A, H, I and K is hereby adopted by reference, and shall be known and may be cited as the plumbing code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Plumbing Code, 2001 Edition, Title 28 of the Los Angeles Code, or any amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 2001 Edition, 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. Section 5. Section 15.12.010 of Chapter 15.12 (Mechanical Code) of Title 15 (Buildings and Construction) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.12.010 Adoption of Mechanical Code A. Except as hereinafter provided, Title 29, Mechanical Code, of the Los Angeles County Code, as amended, changed and modified and in effect November 1, 2002, adopting the California Mechanical Code, 2001 Edition (Part 4 of Title 24 of the California Code of Regulations), including Sections 108.1.1 through 108.15 of Chapter 1, Chapters 2 through 14, Chapter 16 and Appendices A, B, C and D is hereby adopted by reference and shall be known and may be cited as the mechanical code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Mechanical Code, 2001 Edition, Title 29 of the Los Angeles Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 2001 Edition, 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. Section 6. Section 15.12.030 of Chapter 15.12. of Title 15 of the Rolling Hills Municipal Code is amended by amending the definition of 'Building Department" contained in paragraph B. therein to read as follows: B. 'Building Department" shall mean Building and Safety Division of the Public Works Department. Section 7. Section 15.16.010 of Chapter 15.16 (Electrical Code) of Title 15 (Buildings and Construction) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.16.010 Adoption of Electrical Code. A. Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended, changed and modified and in effect November 1, 2002, adopting the California Electrical Code, 2001 Edition (Part 3 of Title 24 of the California Code of Regulations), including Section 089-7 of Article 089, Article 90, Chapters 1 through 9, and Ordinance No. 290 -2- Appendices A, B, C, D, and E is hereby adopted by reference and shall be known and may be cited as the electrical code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Electrical Code, 2001 Edition, Title 27 of the Los Angeles Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2001 Edition, 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. Section 8. Sections 15.20.010 and 15.20.170 of Chapter 15.20 (Fire Code) of Title 15 (Buildings and Construction) of the Rolling Hills Municipal Code are hereby amended_ to read as follows: 15.20.010 Adoption of Fire Code A. Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended, changed, modified and in effect on November 1, 2002, which constitutes an amended version of the California Fire Code, 2001 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I -C, Appendix II -C, Appendix II -D, and Appendix VI -A, excluding all other appendices is hereby adopted by reference and shall constitute and be known and may be cited as the fire code of the City of Rolling Hills. B. In the event of any conflict between provisions of the California Fire Code 2001 Edition, Title 32 of the Los Angeles Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. C. A copy of Title 32, as amended, of the Los Angeles County Code and the California Fire Code, 2001 Edition, 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. 15.20.070 List of Infractions. In accordance with Section 15.20.050 of this chapter, the violations of the following sections, subsections or appendices of the Fire Code shall be infractions: Section Offense 105.8 Failure to obtain permit 901.4.4 Premises identification 902.2.4.1 Obstruction of fire protection equipment and obstruction of access roadway 902.2.4.2 Trespassing on a closed road 1001.6.2 Fire Hydrant & Fire Appliances 1001.5.1 Failure to maintain alarm system 1001.5.2 Failure to notify Fire Department 1003 Fire extinguishing systems 1102.3 Open fires 1103 Combustible materials 1103.3 Use and handling of miscellaneous combustible material 1105 Asphalt kettles 1109.4 "No smoking" sign 1109.5 Discarding burning objects 1109.6 Hot ashes and other dangerous materials 1117.2 Structures 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 2401.6 "No Smoking" signs within designated areas 2903.4.2 Damaged vehicles 3004.2 Dust control 3213 Exit sign illumination Ordinance No. 290 -3- 3219.2 Housekeeping - Vegetation 3219.3 Housekeeping - Flammable material storage 3404 Fire Apparatus Access Road 4501.4 Smoking prohibited 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 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 Sources of Ignition 7401.5.1 Pressure relief devices - General 7401.6 Pressure relief - Vent piping 7607 Smoking and open tanks 7901.7.2 Housekeeping 7902.5.3 Empty containers 7904.3.2.1 Storage tanks and sources of ignition 7904.6.4 No smoking 7904.4.8 Spill Control and Secondary Containment 8003.1.2 Hazardous materials liquid signage 8003.1.12 Combustible materials -Clearance 8004.1.1 Hazardous materials liquid - Dispensing, signage 8004.3.4 Combustible materials - Clearance 8506 Extension cords Appendix IIC 6.4 Portable fire protection equipment Appendix IIC 6.3 Access use and handling, Section 9. The City Council hereby finds that the changes and modifications to the California Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code that have been enacted by this Ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions: the City's geological characteristics in that the area is characterized by geological instability including active and ancient landslides; and the extremely hilly topography of the City. The City Council hereby further finds that the modifications to the California Building, Electrical, Mechanical, Plumbing and Fire Codes in Titles 26, 27, 28, 29, and 32 of the Los Angeles County Code and Chapters 15.04, 15.08, 15.12, 15.16, and 15.20 of the Rolling Hills Municipal Code regarding administrative provisions are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies and their experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards. Section 10. To the extent the provision of this ordinance are substantially the same as previous provisions of the Rolling Hills Municipal Code, those provisions shall be construed as continuation of those provisions and not as new enactments. Section 11. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof 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. 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 12. State law requires that localities adopt the California Building Standards Codes and modifications thereto, by November 1, 2002. It is essential that the City have in effect on that date codes that comply with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Building, Electrical, Plumbing, Mechanical and Fire 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 Council finds the Ordinance No. 290 -4- 1 1 modifications in this Ordinance to the California Building Code, Electrical Code, Mechanical Code, Plumbing Code and Fire Code to be necessary for the protection of the public health, safety and welfare, and that this ordinance take effect immediately. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance adopted pursuant to Government Code Section 36937. Section 13. This ordinance shall be effective upon adoption and shall become operative on November 1, 2002. PASSED, APPROVED AND ADOPTED this 28 h day of October, 2002. LLEN Lt0' MAYOR ATTEST: MARILYN kPRN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 290-U entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2001 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2001 EDITION; TITLE 28 OF THE LOS ANGELES CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2001 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2001 EDITION; TITLE 32, FIRE CODE INCORPORATING THE CALIFORNIA FIRE CODE, 2001 EDITION; MAKING AMENDMENTS TO SAID CODES; AMENDING CHAPTERS 15.04, 15.08, 15.12, 15.16, AND 15.20 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 28, 2002 by the following roll call vote: AYES: Councilmembers Heinsheimer, Murdock, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 290 -5- 1 ORDINANCE NO. 291 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PERSONAL CONDUCT The city Council of the City of Rolling Hills does ordain as follows: Section 1. Chapter 9.20 of Title 9 is hereby repealed in its entirety. PASSED, APPROVED AND ADOPTED this 28`' day of April, 2003. FRANK E. HILL MAYOR ATTEST: rX. MARILYN KEYlN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 291 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PERSONAL CONDUCT was approved and adopted at a regular meeting of the City Council on April 28, 2003 by the following roll call vote: Councilmembers Black, Lay, Mayor Pro Tem Heinsheimer AYES: and Mayor Hill. NOES: None. ABSENT: Councilmember_ Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices X. k't� DEPUTY CIT CLERK Ordinance No. 291 -1- 1 r ORDINANCE NO. 292 AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING THE COMPOSITION OF THE COMMITTEE ON TREES AND VIEWS AND AMENDING TITLE 17 (ZONING) CHAPTER 17.26 OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed a proposed ordinance to codify existing City policy regarding final grading plans at a duly noticed public hearing on October 21, 2003. The Planning Commission's recommendation was forwarded to the City Council by Resolution No. 2003-24, dated October 21, 2003. Section 2. On November 10, 2003 the City Council held a public hearing regarding proposed Ordinance No. 292 to modify the composition of the committee on trees and views and amend Title 17 (Zoning) Chapter 17.26 of the Rolling Hills Municipal Code. Section 3. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has prepared a Negative Declaration. The City Council has reviewed the proposed Negative Declaration and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council adopts the Negative Declaration in accordance with the CEQA. Guidelines. Section 4. Section 17.26.020 of Title 17, Chapter 17.26 is amended to read as follows: 17.26.020 Committee on Trees and Views. A Committee on Trees and Views is established for the purpose of administering the provisions of this chapter. The Committee shall be composed of three members of the Planning Commission appointed by the Commission annually at the same time as the Commission selects its officers, or whenever a vacancy occurs. Committee meetings shall be scheduled as adjourned or special meetings of the Commission. The Committee is authorized to consult with City officials and with specialists such as landscape architects and arborists as required, but shall not incur any expense on behalf of the City without prior approval of the City Council. Section 5. Section 17.26.040 B of Title 17, Chapter 17.26 is amended to read as follows: B. Mediation. Upon receipt and acceptance of an application as complete, the City Manager shall refer the matter to a mediator for conduct of a mediation session to abate the view impairment. The mediator shall be responsible for notifying the property owner of the view -impairing 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 17.26.060. PASSED, APPROVED AND ADOPTED this 24`'' day of November, 2003. ATTEST: Y�RN DEPUTY CITY CLERK Ordinance No. 292 -1- FRANK E. HILL MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 292 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING THE COMPOSITION OF THE COMMITTEE ON TREES AND VIEWS AND AMENDING TITLE 17 (ZONING) CHAPTER 17.26 OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on November 24, 2003 by _ the following roll call vote: Councilmembers Black, Lay, Pernell, Mayor Pro Tem AYES: Heinsheimer and Playor Hill. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CL� 1 1 Ordinance No. 292 -2- 1 ORDINANCE NO. 293 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ZONING ORDINANCE REGARDING CONDITIONALLY PERMITTED USES ON SCHOOL DISTRICT PROPERTY IN THE RESIDENTIAL ZONING DISTRICT AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The Planning Commission reviewed an application from the Palos Verdes Peninsula Unified School District (PVPUSD) with respect to property at 38 Crest Road West, a request to amend the Rolling Hills Zoning Ordinance to allow rental of merchandise, and related activities, in support of school district activities as conditionally permitted use. The Planning Commission adopted Resolution No. 2004-02 on January 20, 2004, recommending that the City Council adopt an ordinance amending the Zoning Ordinance to conditionally permit such use. Resolution No. 2004-02 was forwarded to the City Council. Section 2. On February 9, 2004 the City Council held a public hearing regarding proposed Ordinance No. 293 to amend Title 17 (Zoning) Chapter 17.16.040 of the Rolling Hills Municipal Code to conditionally permit the rental of merchandise and related activities, in support of the school district to be conducted on the school district's property. Section 3. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has prepared a Negative Declaration. The City Council has reviewed the proposed Negative Declaration and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council adopts the Negative Declaration in accordance with the CEQA Guidelines. Section 4.. Section 17.16.040.B of Title 17, of the Rolling Hills Municipal Code is amended by adding thereto a new subparagraph 8 to read: 8. Rental of merchandise, supplies or equipment in support of school district operations located on school district property in the RA -S-2 zone. PASSED, APPROVED AND ADOPTED this 23rd day of February 2004. Attest: K k -A- J Marilyn Kern Deputy City Clerk Ordinance No. 293 -1- Frank E. Hill Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 293 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ZONING ORDINANCE REGARDING CONDITIONALLY PERMITTED USES ON SCHOOL DISTRICT PROPERTY IN THE RESIDENTIAL ZONING DISTRICT AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on February 23, 2004 by the following roll call vote: Councilmembers Black, Lay, Pernell, Mayor Pro Tem AYES: Heinsheimer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN KEIN DEPUTY CITY CLERK 1 1 Ordinance No. 293 -2- ORDINANCE NO. 294 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO SPEED LIMITS ON SPECIFIED PRIVATE STREETS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Chapter 10.48 of Title 10 of the Rolling Hills Municipal Code is amended by renumbering Section 10.48.040 as 10.48.050, and by adding a new 10.48.040 to read as follows: 10.48.040 Fifteen and Twenty mile per hour zones. The maximum permissible speed on the streets, or portions of streets set forth below, is as described below: Quail Ridge Road South -15 miles per hour Middleridge Road North - 20 miles per hour Possum Ridge Road - 20 miles per hour PASSED, APPROVED AND ADOPTED this 11� ATTEST: MARILYN 9ERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 294 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO SPEED LIMITS ON SPECIFIED PRIVATE STREETS was approved and adopted at a regular meeting of the City Council on September 13, 2004 by the following roll call vote: AYES: - Coun-cilmet:b'er.s $:lack.,. H1,11, Lay-, Mayor Prb Tem"Pernell and Mayor H:eins-h.eimer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices ry4.0�. k'.� MARILYN K RN DEPUTY CITY CLERK Ordinance No. 294 ORDINANCE NO. 295 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING COMPREHENSIVE AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TITLE 16 SUBDIVISION AND TITLE 17 ZONING AND AMENDING TITLE 16 AND TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Planning Commission adopted Resolution No. 2004-16 recommending that the City Council adopt an ordinance amending the City of Rolling Hills Municipal Code and specifically the Subdivision Code and the Zoning Code. Section 2. In the past several years, staff came upon inconsistent, unclear, vague and ambiguous language and provisions in the existing Subdivision and Zoning Codes. To address these issues, staff and the Planning Commission proposed to clarify, modify and revise certain provisions of the Codes. Section 3. Chapter 17.50 of the Zoning Code contains provisions to allow for amendments to the Codes. A public hearing before the Planning Commission is necessary, before a recommendation can be forwarded to the City Council for an Ordinance amending the Subdivision and Zoning Codes provisions. At least one public hearing is required by the City Council to amend the Municipal Code. Section 4. The City Council held duly noticed public hearings on September 13, 2004, September 27, 2004, October 25, 2004, November 8, 2004 and November 22, 2004, to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and' from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 5. The City Council public hearing was noticed in the Palos Verdes Peninsula News on September 4, 2004. Letters were sent to engineers, contractors, architects, developers, RHCA and Rolling Hills residents, who expressed interest during the Planning Commission proceedings informing them of this public hearing. Notices were also placed in the City's Bi -monthly Newsletter. Section 6. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff prepared a Negative Declaration. The City Council has reviewed the Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance with CEQA guidelines. Therefore, the City Council hereby adopts the Negative Declaration in accordance with the CEQA requirements. Section 7. The City Council hereby adopts the proposed Subdivision Code and Zoning Code amendments, as specified in Exhibit A, (Subdivision Code amendment) and Exhibit B, (Zoning Code amendment), which are attached to this ordinance and made a part thereof. PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF MBE 004. THOMANSHEIMER, MAYOR ATTEST: MARILYN KEIRN, DEPUTY CITY CLERK Ordinance No. 295 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 295 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING COMPREHENSIVE AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE TITLE 16 SUBDIVISION AND TITLE 17 ZONING AND AMENDING TITLE 16 AND TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on November 22, 2004 by the following roll call vote: Councilmembers Black, Hill, Lay, Mayor Pro Tem Pernell AYES: and Mayor Heinsheimer. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY aft CLERK 1 1 Ordinance No. 295 -2- EXHIBIT A TITLE 16, SUBDIVISION CODE Amend Title 16, Subdivision as follows: 1. Section 16.04.200 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.04.200 Notice. Whenever a public hearing is held pursuant to any provision of this title, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given in the manner as prescribed in Section 17.34.030 of this code. 2. Add Section 16.08.000 to Title 16, Subdivision, Chapter 16.08 DEFINITIONS to read as follows: Section 16.08.000 Association. See Rolling Hills Community Association. 3. Add Section 16.08.195 to Title 16, Subdivision, Chapter 16.08 DEFINITIONS to read as follows: 16.08.195 Rolling Hills Communitv Association. "Rolling Hills Community Association" means the Rolfing Hills Community Association of Rancho Palos Verdes, a non-profit California corporation, also known as "Association". 4. Section 16.12.050 H of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.12.050 Contents — Matters required H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area; and (iii) a minimum of five hundred fifty square foot corral area. The grade of access to the building pad shall not be greater than twelve percent, or as otherwise approved by the Planning Commission; and to the stable area not greater than twenty-five percent; 5. Section 16.16.010 Lot Size, subparagraph C. of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: C. For the purposes of this section "net lot area" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded roadway easement (or roadway easement required to be dedicated as a condition of the subdivision) plus the area within ten feet measured perpendicular to the edge of the roadway easement; (b) the ten -foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and (d) the access strip portion of a flag lot. 6. Section 16.16.080 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.16.080 Private streets. All streets shall be shown on the tentative map and on the final map as private streets, but the final mapshall contain a conditional offer of dedication, which may be accepted by the City Council at such time as the street is opened to public travel for three months or more. The subdivider, by means of restrictive covenants or contracts satisfactory to the Advisory Agency, shall provide for the payment by the purchasers of land in the subdivision of all costs of repairing and maintaining such private streets until such time as said conditional offer of dedication is accepted by the City Council. All easements for private streets or other purposes shown on the map, if not accepted by the City as provided in this section, may be, but need not be, conveyed to the Association. A recorded written agreement of the Association to maintain and repair said streets, submitted to the City Clerk, shall constitute a satisfactory arrangement for the payment of costs of repairing and maintaining such private streets. 7. Section 16.16.170 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: Ordinance No. 295 3 16.16.170 Lot lavout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area; and (iii) a minimum of five hundred fifty square foot corral area. The grade of access to the building pad shall not be greater than twelve percent, unless otherwise approved by the Planning Commission pursuant to Section 17.16:160 of the Zoning Ordinance, and to the stable area not greater than twenty- five percent. 8. Section 16.20.140 of Title 16, of the Rolling Hills Municipal Code is amended to read as follows: 16.20.140 Underground utilities. Utility lines, including but not limited to electric, communications, and cable television, shall be placed underground prior to receiving final map approval from the City Council. The subdivider shall be responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies for the installation of such facilities. All appurtenant and associated equipment, such as but not limited to transformers, meter cabinets and other facilities shall be placed underground, unless the affected utility company determines that placement of its facilities underground is not technically feasible. The subdivider may request a waiver from this requirement, by providing a letter to the City from the utility companies explaining the reason(s) why the undergrounding of the appurtenant facilities is not feasible. 9. Section 16.20.170 of Title 16, of the Rolling Hills Municipal Code is amended to read as follows: 16.20.170 Improvement agreement. If a required improvement other than undergrounding of utilities is not completed before a final map is approved, the subdivider shall enter as contractor into an agreement with the City to complete the improvement no later than thirty- six (36) months after recording the final map or such other time as determined by the City Council at the time the final map is approved. Undergrounding of utilities shall be completed prior to final map approval as specified in Section 16.20.140. 10. Section 16.20.210B of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.20.210 Gradine prohibitions. B. Maximum Disturbed Area. Disturbance shall be limited to forty percent of the net lot area. Disturbance shall include any remedial grading (temporary disturbance), any proposed or existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously disturbed impervious surface, such as an abandoned driveway or other areas determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain and contours of the immediately adjacent area, without triggering grading, as defined in Section 15.04.120 of the Municipal Code, then such area shall not be considered disturbed. 11. Section 16.20.230 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.20.230. Boundary line easements. The subdivider shall dedicate an easement for bridle trail and utility purposes over the strips and portions of land of a width determined by the Association lying entirely within and abutting upon the sidelines and rear lines of each lot of the subdivision. The conveyance of said easements to the Association shall be deemed compliance with the requirements of this section. 12. Section 16.24.010 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.24.010 Time limit of tentative mat)s. Within twenty-four (24) months after the approval or conditional approval of a tentative map, a subdivider may cause the proposed division of land to be accurately surveyed and a final map prepared and filed in the office of the County Recorder; otherwise, the map shall expire. The time limit for such filing may be extended by the City Council for a period not to exceed a total of five years. 13. Section 16.24.070 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.24.070 Dedications --Streets, roadways and other vehicular, pedestrian, and eauestrian rights-of-way. Ordinance No. 295 4 A. Except as otherwise provided by this title, streets, roadways, and other vehicular, pedestrian and equestrian rights-of-way, or portions thereof, which are required as a condition precedent to filing a final map, shall be offered for public use. The subdivider, by means of restrictive covenants or contracts satisfactory to the Advisory Agency, shall provide for the payment by the purchasers of land in the subdivision of all costs of repairing and maintaining such private streets until such time as said conditional offer of dedication shall be accepted by the City Council. If the easements for private streets shown on the final map are not accepted by the City, they shall be conveyed to the Association. A recorded written agreement of the Association to maintain and repair said streets, submitted to the City Clerk, shall constitute a satisfactory arrangement for the payment of costs of repairing and maintaining such private streets. B. Future streets shall be offered for public use, which offer shall remain open for an indeterminate period of time until the City Council determines that the opening of the street is warranted. The owners of the underlying fee to any portion of a future street 'shall retain the right to any and all ordinary uses of such land, except the erection or construction thereon of any structure not ordinarily placed in public streets, until such time as the City Council opens the street for public use. 14. Section 16.24.080 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.24.080 Access rights. Access rights to major and secondary highways and to one street for double frontage lots, except corner lots, shall be dedicated to the City, or may be conveyed to the Association. 15. Section 16.28.100 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: 16.28.100 Improvement securities --Amount and purpose. An improvement security shall be for the following amounts: A. An amount estimated by the inspecting officer to be equal to one hundred percent of the total cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work; and B. An additional amount estimated by the inspecting officer to be equal to not less than fifty percent nor more than one hundred percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them. 16. Section 16.28.150 of Title 16 of the Rolling Hills Municipal Code is amended to read as follows: V. 16.28.150 Park in -lieu fees and/or dedication of land when subdividing property. The subdivider of property within the City shall dedicate land or pay a fee in lieu thereof for all lots created not having a dwelling unit at the time of tentative map approval for purposes of park and recreational facilities in accordance with the following proportional standards: A. The amount of fee in lieu of land dedication shall be arrived at by multiplying the per -dwelling average of the total citywide assessed evaluation of full market value (land and improvements), as determined by the latest available secured County of Los Angeles. assessment rolls by the park standard per lot. The park standard per lot• is derived by multiplying the park standard per person, set by the Subdivision Map Act, by the citywide average number of persons per dwelling, derived from the most recent United States census data. B. The amount of land to be dedicated by a subdivider pursuant to this section shall be based on the conversion of the park standard per lot to acreage. This conversion .shall be the citywide average number of persons per dwelling, derived from the most recent United States census data, divided by the park standard per person set by the Subdivision Map Act and multiplied by 43,560 square feet (1 acre). C. Choice of land or fee payment and the procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: 1. At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether it is desired to dedicate property for park and recreational purposes, or pay a fee in lieu thereof. If dedication of land is requested, then the area proposed for dedication shall be shown on the tentative map as submitted. Ordinance No. 295 2. At the time of the tentative map consideration the City Council shall determine as a part of such proceedings whether to require dedication of land within the subdivision, payment of a fee in lieu, or a combination thereof. The City Council shall evaluate the recommendation of the advisory agency in making a determination relative to land dedication or payment of fee in lieu. 3. Where dedication of land is required, it shall be accomplished in accordance with the provisions of the State of California Subdivision Map Act. Where in -lieu fees are required, such fees shall be deposited with the City prior to approval of the final map, and shall be based on the calculations of subsection A above. 4. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be solely a City Council decision which shall be determined by consideration of the following: a. Provisions of the general plan; and b. Location of land proposed for dedication and ability to serve all residents of the City. 17. Title 16 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 16.44 to read as follows: Chapter 16.44 Lot Line Adjustment 16.44.010 Purpose of chapter This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot:line adjustment applications, consistent with the policies of the general plan and the requirements of the Subdivision Map Act. 16.44.020 Applicability A. The lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment. B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter. 16.44.030 Adjustment application and processing A lot line adjustment application shall be prepared, filed and processed as provided by this section. (1) Application content. A lot line adjustment application shall include all information and other materials required by the City Manager or designee and be accompanied by a filing fee set forth in the City's Resolution of fees schedule. (2) Processing. Lot line adjustment applications shall be submitted to the City Manager or designee and shall be processed in compliance with the procedures specified in Chapter 17.46 for Site Plan Review of the Zoning Ordinance. (3) Association Review. Lot line adjustment application shall be accompanied by proof that the Association reviewed the project for potential impacts to existing easements and trails. 16.44.040 Annroval or denial of adiustment The Planning Commission shall determine whether the parcels resulting from the adjustment will conform to the applicable provisions of this title. The Planning Commission may approve, conditionally approve, or deny the lot line adjustment in compliance with this section. Decisions made by the Planning Commission may be appealed to the City Council in compliance with chapter 17.46 Site Plan Review of the Zoning Ordinance. (1) Required findings. A proposed lot line adjustment shall be denied if the Planning Commission finds any of the following: a. The adjustment will have the effect of creating a greater number of parcels than exist before adjustment; Ordinance No. 295 6 b. Any parcel resulting from the adjustment will conflict with any applicable regulations of the zoning ordinance; or c. The adjustment will result in an increase in the number of nonconforming parcels. (2) Conditions of approval. In approving a lot line adjustment, the Planning Commission shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this Chapter, Title 17 (Zoning) and Title 15 (Building and Construction) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, trails or easements. 16.44.050 Completion of adjustment Within the time period specified in Section 17.46.080 Expiration of Approval of Site Plan Review, the process shall be completed in compliance with this section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied. (1) Completion by deed. A lot line adjustment shall not be effective or finally completed until a grant deed signed by the record owners has been recorded. The applicant shall submit deeds to the City Manager or designee for review and approval in compliance with subsection (3) below before recordation of the grant deed. A qualified registered civil engineer, or a licensed land surveyor licensed or registered in the state shall prepare the legal descriptions provided in the deeds. (2) Completion by record of survey. If required by Business and Professions Code § 8762 et seq., a lot line adjustment shall not be effective, or final until a record of survey has been checked by the City Manager or designee and recorded by the county recorder. (3) Review and approval by City Manager or designee. The City Manager or designee shall: a. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment; F b. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority; C. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel; d. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and e. After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation. (4) Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed and recorded within the time period specified in Section 17.46.080 Site Plan Review of the Zoning Ordinance. 18. Title 16 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 16.48 to read as follows: Chavter 16.48 Certificates of Compliance 16.48.010 Purpose of chanter I Ordinance No. 295 7 This chapter provides procedures for the filing, processing, and approval or denial of certificates of compliance and conditional certificates of compliance, consistent with the policies of the general plan and the requirements of the Subdivision Map Act. 16.48.020 Applicability A certificate of compliance is a document recorded by the county recorder, which acknowledges that the subject parcel is considered by the City to be a legal lot of record. A conditional certificate of compliance is used instead of a certificate of compliance to validate a parcel that was not legally subdivided. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request, or the City may require as a condition of approval of a land development permit, a certificate or conditional certificate of compliance. 16.48.030 Application contents A certificate of compliance application shall include the form provided by the City Manager or designee, the required filing fee, a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map, and other information as requested by the reviewing authority. 16.48.040 Review and approval A. City action. The City Manager or designee shall review all available information and make a determination whether the real property was divided in accordance with the Subdivision Map Act, this title, and other applicable provisions of the Municipal Code. Upon making the determination, the property owner shall cause a certificate of compliance to be filed with the county recorder. In the event that the City Manager or designee determines that the real property does not comply with the provisions of this title or the map act, the application shall instead be processed as a conditional certificate of compliance. B. Form of certificate. The certificate of compliance shall identify the real property, shall state that the division complies with the provisions of the map act and this title, and shall include all information required by Government Code section 66499.35. C. Effective date of certificate. A certificate of compliance shall not become final until the county recorder has recorded the document. 16.48.050 Conditional certificates of compliance A conditional certificate of compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur in compliance with this section. (1) Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance. (2) Review and approval. The processing, review and approval of the application shall occur as follows. a. Report. The City Manager or designee shall prepare a report that 1. Describes the history of the land division 2. Determines whether the property was legally divided, in compliance with state law and applicable city (or earlier county) regulations at the time of division; 3. References provisions of state law and city (or earlier county) ordinances applicable to the subdivision at the time the division in question occurred; and 4. Identifies appropriate conditions of approval. b. Review by City Manager or designee. Upon making a determination that the real property does not comply with the provisions of this title or the Subdivision Map Act, the City Manager or designee may grant a conditional certificate of compliance, imposing conditions as provided by subsection (3) below. (3) Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the City Manager or designee may impose any Ordinance No. 295 8 1 1 conditions that would be applicable to a current subdivision, as provided by the Subdivision Map Act and this title, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the City Manager or designee may only impose conditions that would have been applicable at the time the property was acquired by the current owners. (4) Appeal. A decision to issue or not issue a conditional certificate of compliance and/or to impose conditions may be appealed to the review authority in compliance with chapter 17.44 (Zone Clearance) of the Zoning Ordinance. (5) Completion of process. Following expiration of the appeal period after the determination and imposition of conditions by the City Manager or designee, the City shall file a conditional certificate of compliance with, the county -recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property. (6) Effective date of certificate. A conditional certificate of compliance shall not become effective until the county recorder has recorded the document. 19. Sections 16.24.370, 16.24.380, 16.24.390, 16.24.400 and 16.24.410 pertaining to Certificate of Compliance of Title 16, of the Rolling Hills Municipal Code are hereby repealed. a Ordinance No. 295 9 EXHIBIT B TITLE 17, ZONING CODE 1. Sections 17.12.010, 17.12.020, 17.12.030, 17.12.040, 17.12.050, 17.12.070, 17.12.080, 17.12.120, 17.12.160, 17.12.180, 17.12.190, 17.12.200, 17.12.230 and 17.12.250 of, Chapter 17.12 DEFINITIONS, of Title 17 of the Rolling Hills Municipal Code are amended to read as follows: 17.12.010 Amend the following words, terms and phrases to read as follows Acreage, Net. "Net acreage" means the total area included within the lot lines of a lot or parcel of property, exclusive of: (a) the entire area within a recorded roadway easement plus the area within ten feet measured perpendicular to the edge of the roadway easement; (b) the ten -foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel; and -(d) the access strip portion of a flag lot. "Accessory building or structure" means a building or a structure detached from the principal building or structure on the same lot and customarily incidental and subordinate to the principal building. "Accessory use" means a use of land or of a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot with such principal use. "Administrative approval" means an approval of a project by City staff, which requires the approving body to ascertain that the project complies with applicable statutes, ordinances and regulations. "Association". See "Rolling Hills Community Association". 17.12.020 Amend the following words, terms and phrases to read as follows: "Basement" means a space wholly or partly underground which does not exceed a height of five feet above finished grade at any point immediately adjacent to the basement exterior, and it has no greater than an average of two and one-half feet exterior height across the entire structure. Basements may have one standard door opening not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The door shall be a solid door, except that the upper portion of the door may contain a window or opening that is no more than 24 inches in height. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun light or similar devices. In addition, basements shall comply with the Los Angeles County Building Code requirements for ventilation and natural light. The opening(s) for natural light shall be located in a well and shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story." "Buildable area" means that portion of a lot consisting of the existing graded building pad and any other contiguous portion of the lot not in setbacks that has an average slope of ten percent or less. If there is no existing graded building pad, buildable area shall mean that portion of a lot not in setbacks that has or is proposed to be graded to have an average slope of ten percent or less. Building Pad, Graded. "Graded building pad" means that area (or those areas) of a lot not in setbacks, which has been disturbed by human activity for the purpose of creating suitable site(s) for establishment of a primary building, accessory building, a stable/corral, swimming pool, subterranean structure, recreational game court, deck or similar improvements. 17.12.030 Amend the following words, terms and phrases to read as follows:' "Civic center" means the administrative offices of the City and of the Association. 17.12.040 Add and amend the following words, terms and phrases to read as follows: "Discretionary approval" means approval of a project, which requires that the Planning Commission ascertain compliance with applicable statutes, ordinances and regulations and which also requires the exercise of judgment, deliberation, or decision on the part of the Planning Commission, and/or the City Council. Discretionary projects include Conditional Use Permit, Site Plan Review and Variance." Ordinance No. 295 10 "Disturbed area or Disturbance". Disturbance means any remedial grading (temporary disturbance), any proposed or existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously disturbed impervious surface, such as an abandoned driveway or other areas determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain and contours of the immediately adjacent area, without triggering grading, as defined in Section 15.04.120 of the Municipal Code, then such area shall not be considered disturbed. Disturbed area shall be not greater than forty percent of the net lot area. "Dwelling, Single Family." Single-family dwelling means a detached building which, regardless of form of ownership, is designed and/or used to house not more than one family, including all domestic employees of such family. A single-family dwelling also includes a manufactured home certified under the National Mobile Home Construction and Safety Standard Act of 1974, provided that all development standards applicable to single-family dwellings are adhered to as described in this title. 17.12.050 Add the following term to read as follows: "Excavation" means the act or process of digging, removing of earth material or hollowing out surface of land below finished grade for basements, footings, retaining walls, pools, spas or other below finished grade structures or uses. Excavation also means a man made hole that,has been made by digging or hollowing earth material. Excavation shall not result in changes to the natural or graded ground surface. 17.12.070 Add and amend the following terms to read as follows: "Grade, Finished" means the level of the finished ground adjacent to the walls of a building. "Grading" means manmade alteration of the existing natural ground surface, resulting in earth forms and contours, which differ from the ground surface that existed prior to the alteration. 17.12.080 Amend the following words, terms and phrases to read as follows: "Habitable Space, Interior". Interior habitable space means an area within a building or structure, fully enclosed by walls, windows, doors, a roof or ceiling, and floors, which provide living eating and/or sleeping quarters. Interior habitable space includes lofts and mezzanines. Storage areas, including attics, which meet the following criteria, shall not be considered habitable space: Storage areas, except basements, which are located below or above habitable space, shall not exceed six feet in height at any one point and shall not have windows, doors to the exterior, heating, ventilation or air conditioning, (except as required by the Building Code); attics shall have a ceiling that follows the shape and the angle of the roofline, could be more than 6 feet high at any point and shall not have doors to the exterior, windows, heating, ventilation or air conditioning (except as required by the Building Code). Storage areas and attics, as defined above, shall be used exclusively for storage purposes. Add the following definition: "Hobby shop". Hobby shop shall mean the same as "Recreation room". 17.12.120 Amend the following words, terms and phrases to read as follows: "Landing" means a platform between flights of stairs or the floor at the top or foot of a stair or flight of stairs, which is less than 12 inches in height. "Lot coverage" means that area of the net lot area developed with the following improvements: primary residence, garages, accessory buildings, recreational game courts, pools, spas, pool/spa equipment, stables, subterranean structures other than basements, driveways, parking areas, walks, patios, decks, covered porches, entryways, porte cochere, trellises, latticework and asphalted or concrete paving not maintained by the Association. Lot coverage requirements are expressed in maximum allowable percent coverage. 17.12.160 Add the following term to read as follows: "Porte cochere" means an attached roof or awning extending from the 'entrance of a building to the driveway or parking court. Eaves are not considered porte cochere. Ordinance No. 295 11 1 1 1 17.12.180 Amend the following words, terms and phrases to read as follows: "Riding ring" means a private equestrian facility that exceeds 7,200 square feet in area used for noncommercial training of horses, ponies or other permitted animals, or used for competitive or recreational riding purposes. "Rolling Hills Community Association" means the Rolling Hills Community Association of Rancho Palos Verdes, a non-profit California corporation, also known as and referred to in this title as "Association". 17.12.190 Add and amend the following words, terms and phrases to read as follows: "Setback" means an open space on a lot that, except as otherwise provided in this title, is unoccupied or unobstructed by any structures above ground. When a required setback dimension is given, it represents the minimum horizontal distance between the lot line or roadway easement from which the distance must be measured and a line parallel to the lot line or roadway easement. "Storage area" means as the term is described in Section 17.12.080 of this title. "Story" means as that term is defined in Section 15.04.080 of the Municipal Code. "Structure" means a combination of materials assembled in a form for use, occupancy or ornamentation whether installed on, above or below the surface of land or water and requiring a fixed location or attached to something having a fixed location. Structure shall also include, but not be limited to, fences, retaining walls, covered porches, entryways, porte cochere, latticework, trellises, pilasters, fountains, pools, spas, pool/spa equipment, gazebos, garden walls, decks, and subterranean structures other than basements. 17.12.200 Add the following definitions to read as follows: "Tack room" means a room, building or structure utilized exclusively for storage of saddles, bridles and other horse equipment and similar equestrian related items, in conjunction with an established stable, barn or corral. "Turnout" means a private equestrian facility, not to exceed 7,200 square feet in area, used for noncommercial training, walking or exercising of horses, ponies and other permitted animals. 17.12.230 Add the following term to read as follows: "Water feature" means a formation containing water, other than a pool or a spa, and including, but not be limited to a fish pond, reflection pond, stream, creek, fountain, water fall and similar structures or uses. 17.12.250 Delete the first paragraph from "Yard, Required" in its entirety and amend the following words, terms and phrases to read as follows: Yard, Rear. "Rear yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the rear lot line and the nearest rear line of the primary building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street or a roadway maintained by the Association, the depth shall be measured from the roadway easement. 2. Sections 17.16.030, 17.16.040, 17.16.060, 17.16.070, 17.16.097, 17.16.110, 17.16.120, 17.16.130, 17.16.140,'17.16.150, 17.16.160, 17.16.170, 17.16.190, 17.16.200 and 17.16.210 of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code are amended and, a new Section 17.16.135 is added to read as follows: 17.16.030 Accessory uses and structures Amend item ''D" by deleting "Hobby shop". and substituting as follows: D. Turnout area; Amend paragraph I to read as follows: Ordinance No. 295 12 I. Swimming pool, including outdoor spa, pool equipment, bath or jet pool and similar water features. Add paragraphs J, K, L, M and N to read as follows: J. Freestanding storage shed, detached trellis or detached covered porch, gazebo, outdoor bar, barbecue or fireplace, fountains and similar structures; K. Trellis, covered porch, covered patio, covered entryway or porte cochere attached to the main residence or to an accessory structure; L. Walls, including a retaining wall, rubble wall, planter wall and similar walls. M. Playhouses and playground equipment. N. Solar panels. 17.16.040 Conditional Uses Amend paragraph A.1. to read as follows: 1. More than one driveway for vehicular access from a roadway, except for a driveway leading exclusively to a barn, stable or tack room as provided in Section 17.16.170B; Amend paragraph A.8 to read as follows: 8. Recreational game courts, except those located in the basement or under ground; Add a new paragraph A.9 to read as follows: 9. Hobby shop. 17.16.060 Lot area and dimensions Amend the table labeled "SUMMARY OF DEVELOPMENT STANDARDS", which follows Section 17.16.060 B.3, to read as follows: Ordinance No. 295 13 1 1 L 1 1 1 SUMMARY OF DEVELOPMENT STANDARDS (a) Development Standard Zone District RA -S-1 RA -S-2 1. Minimum Net Lot Area 43,560 sf 87,120 sf 2. Minimum Lot Dimensions • Width Along Street Easement • Width at Any Point • For Cul-de-sac Frontage At least lot depth divided by 2-1/2, but in no case less than 150' 150' 150' Dependent upon turn -around; see Section 17.16.060.B.4 • Depth Must be equal to or greater than width along front street easement, with maximum slope of 29%. 3. Maximum Lot Coverage • By structures 20% 20% • By structures and impervious 35% 35% surfaces 4. Height Limitation One story (mezzanines and lofts are not permitted) 5. Minimum Dwelling Unit Size 6. Maximum Buildable Slope 7. Setbacks 1,300 sf, with 20' minimum width 2:1, with no structures allowed on sides or bottoms of canyons or natural drainage courses • Front 50' 50' • Side 20'(b) 35' • Rear 50' 50' Notes: (a) This table summarizes development standards. For complete descriptions, refer to sections 17.16.040 through 17.16.130. (b) Every lot or parcel in the R -A -S-1 zone shall have a side setback measuring no less than 20 feet from the side property line, except if an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than 10 feet from the interior edge of that easement. (c) Every lot or parcel in the R -A -S-2 zone shall have a side setback measuring no less than 35 feet from the side property line, except if an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than 25 feet from the interior edge of that easement. 17.16.070 Amend as follows: Amend paragraphs A.1 and B. of Section 17.16.070 Maximum level of site development permitted. 1. Coverage by Structures. All structures on a lot shall not cover more than twenty percent of the net lot area. For the purpose of this section, "structures" include, but are not limited to, the primary residence, garages, all accessory structures, recreational game courts, swimming pools, spas, pool equipment, existing and future stables, attached, and detached porches, entryways, porte cochere and trellises, gazebos, outdoor bars and barbecues, sheds subterranean structures other than basements, except as provided for in Section 17.16.200J. Ordinance No. 295 14 B. Maximum Disturbed Area. Disturbance shall be limited to forty percent of the net lot area, as defined in Section 17.12.040 of this title. 17.16.080 Height Limitation, amend to read as follows: A. General Limitation. A building or structure shall have no more than one story, meaning no interior habitable space shall exist over any other habitable space, except over basements. For the purpose of this section "interior habitable space" shall mean as is defined in Section 17.12.080 of this title. 17.16.097 Building pad coverage guideline, amend to read as follows: 17.16.097 Building pad coverage guideline. When reviewing a proposed development project for general plan and zoning ordinance compliance, the Planning Commission utilizes a guideline in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline is expressed in terms of a maximum percentage of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by first calculating the square footage of the proposed structure or structures, dividing that number by the square footage of that portion of the building pad that is not in the setbacks, and then comparing that percentage figure to the Commission's guideline percentage. Structures having a solid roof and attached to the primary residence or to accessory buildings shall be counted towards the building pad coverage guideline. Structures having an open or partially open roof and attached to the primary residence or to accessory buildings shall not be counted towards the building pad coverage guideline. Satisfaction of the Commission's guideline for allowable building pad coverage is only one of several factors for determining project compliance with the general plan and zoning ordinance and all other required findings for the particular approval sought must also be satisfied. 17.16.110 Front setback, amend to read as follows: 17.16.110 Front setback. Every lot or parcel shall have a front setback measuring no less than fifty feet from the front roadway easement line. If an improved roadway traverses an existing lot or parcel of land, then that portion of the lot not developed or which is proposed to be developed with a non -primary structure shall also have a setback for development purposes of not less than fifty feet from the roadway easement line. 17.16.120 Side Setback, amend to read as follows: 17.16.120 Side setback. A. Requirements for RA -S-1 Zone. Every lot or parcel shall have a side setback measuring no less than twenty feet from the side property line, except if an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than ten feet from the interior edge of that easement. B. Requirements for RA -S-2 Zone. Every lot or parcel in the RA -S-2 zone shall have a side setback measuring no less than thirty-five feet from the side property line, except if an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than twenty-five feet from the interior edge of that easement. 17.16.130 Rear setback, amend to read as follows: 17.16.130 Rear setback. 1. Every lot or parcel shall have a rear setback measuring no less than fifty feet from the rear property line. 2. If a rear yard abuts an improved roadway, the rear setback shall be no less than fifty feet from the interior edge of the roadway easement. 17.16.135 Add. new Section 17.16.135 to read as follows: 17.16.135 Setbacks located in easements. Where an easement traverses the side or rear of any lot, and where the width of the easement is greater than the width of the setback, then the setback shall measure no less than the width of the required easement. 17.16.140 Permitted projections, amend to read as follows: 17.16.140 Permitted vroiections. The following projections into setbacks are permitted subject to the specified conditions. Ordinance No. 295 15 A. Projecting Architectural Features. Chimneys, bay windows, cornices, eaves, belt courses, sills, buttresses or other similar architectural features, except those "enclosing" structures enumerated in Section 17.16.200K, may extend or project into setbacks as follows: 1. Such architectural features may project into side setback no more than two and one-half inches for each one foot of the side setback, but in no case shall such features project more than five feet. 2. Such architectural features may project into a front or rear setback no more than four feet. 3. No permitted projection shall be constructed in any manner, which increases the habitable floor area of a structure. B. Projecting Porches. An uncovered porch, patio, platform or landing place may project into any front or side setback no more than six feet or into a rear setback without limitation. Such structures in a side setback shall leave no less than five feet of unobstructed space to the edge of a slope, if any, to allow for pedestrian movement within the setback. Such structures shall not extend above the floor level of the building to which they are attached. If detached, such structures shall not extend above the level of the ground. 17.16.150 Structures and driveways permitted in setbacks, amend to read as follows: 17.16.150 Structures and driveways permitted in setbacks. Setbacks shall be maintained unoccupied and unobstructed by any structures except as listed below. Sucl':. structures are also subject to approval by the Association. A. A boundary fence is permitted, provided the fence is located either on the perimeter easement line or not more than five feet outside of (that is, toward the structure) and parallel to the perimeter easement line. In the absence of an easement line, a Boundary fence may be located on the property line. B. Driveways shall not cover more than twenty percent of the area of the setback in which they are located. C. Uncovered parking areas are permitted in front or side setbacks. However, such parking areas shall not exceed ten percent of the area of the setback in which they are located and shall be located no closer than thirty feet from any roadway easement. D. Walkways, steps, mailboxes, and rubble wall of 3 feet or less in height, and irrigation systems may be permitted in any setback area. E. Driveway entry pilasters, gates, trellis or archway may be permitted at . the driveway entry to a property. F. Walls, retaining or otherwise, which do not exceed 3 feet in height and construction of which does. not require grading may be permitted along a driveway, stairway or walkway. G. Walls, not to exceed 3 feet in height, determined by the Planning Department and the Building Official to be necessary to improve drainage or prevent slope erosion and/or are necessary to support a drainage device such as a swale, rip rap, perforated pipes and similar drainage devices, may be permitted in any setback, but not in easements -unless approved by the Association, provided such construction does not constitute grading and does not block any trails. Such walls shall be screened from public right-of-ways, easements and adjacent properties with appropriate landscaping. H. Barns, stables, pens, corrals, and other similar holding facility may be located in the rear setback subject to the requirements of Section 17.16.200A. I. Playhouses and playground equipment, subject to the requirements of Section 17.16.200L. J. Turnout area subject to the requirements of Section 17.16.200D. 17.16.160 Access and parking, amend to read as follows: 17.16.160 Access and parking. A. Driveway Requirements. 1. Each single-family dwelling is permitted only one driveway as access to a maintained roadway, except as otherwise permitted by Sections 17.16.040A and 17.16.170B. Ordinance No. 295 16 2. Driveways shall be no wider than twenty feet, unless otherwise approved by the Planning Commission. All driveways shall have a roughened driveway apron. 3. No driveway shall exceed a maximum grade of twelve percent, unless otherwise approved by the Planning Commission, and the first twenty feet of a driveway shall have a maximum grade of seven percent. B. Parking Requirements. Every single-family dwelling, including manufactured homes used as a primary residence, shall have an above ground garage with a minimum capacity of two cars with direct paved access to a maintained roadway. A minimum of three - car garage shall be required when the property is developed with a guest house or servants' quarters, subject to the requirements of Section 17.16.210(A)(5). No new subterranean garage shall be constructed after August 13, 1997. Any subterranean garage lawfully existing as of August 13, 1997 shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this title. 17.16.170 Stable and corral site required, amend to read as follows: 17.16.170 Stable and corral site required. Every lot or parcel in the RA -S zone for which a discretionary approval (including Site Plan Review, Conditional Use Permit or Variance) is required by this title in connection with the construction of a new single-family residence, the addition to an existing single-family residence, the construction of an accessory structure and the construction a pool shall have an area developed with or. set aside for the following: A. A combination stable and corral area that complies with the criteria set forth in Section 17.16.200(A); and B. A vehicular accessway to the stable and corral area for delivery of feed and removal of waste that does not exceed a slope of twenty-five percent. 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. This accessway need not be paved. A vehicular approach taking access directly from a roadway, whether or not paved, shall be subject to approval by the Traffic Commission and shall not be considered a second driveway within the meaning of Section 17.16.040A(1) if it provides access exclusively to a barn, stable, corral or tack room. C. In the event that a future stable/corral area shown on a plan in connection with a request for approval, as' enumerated above, is located in an area that would require the approval of a Variance, the Variance must be processed and approved concurrently with the development application. 17.16.190 Additional residential development standards, amend to read as follows: 17.16.190 Additional residential development standards. The following additional standards shall apply to all construction in the RA -S zone. A. Eave Projection. Every single-family dwelling shall have an eave projection of at least two feet, unless incompatible with neighboring residences. B. Exterior Siding. Every single-family dwelling shall have exterior siding of brick, wood, stucco, or other similar material as provided by the building code of the City; no reflective siding shall be permitted. C. Roofing Material. 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 test agency). Class "A" roof assemblies utilizing wood or treated wood material and reflective type roofing shall not be permitted. Notwithstanding the foregoing, any new addition to, repair or re -roofing of a structure may match the existing roof covering, provided that the roof addition or the area to be re -roofed or repaired does not exceed two hundred square feet in size. Any new roof addition, repair or re -roofing, which exceeds two hundred square feet shall comply with the requirements of this section. D. Permanent Foundation. Every single-family dwelling and accessory structure shall be built or placed upon a permanent foundation approved by the County Engineer unless exempt pursuant to the Building Code. E. Outdoor Lighting. Outdoor lighting is prohibited except as provided below: 1. - Lighting is permitted along pedestrian pathways for the purpose of providing safe passage. Bulbs used in such lighting shall be nonreflective and shall not exceed Ordinance No. 295 17 the wattage of a forty -watt incandescent light bulb to a maximum of four hundred lumens, or their equivalent if nonincandescent lighting is used. Lighting fixtures shall acc6mmodate only one bulb, shall incorporate shields to cast light downward, shall be spaced no closer than twenty feet apart and shall be no higher than eighteen inches from grade to- the top of the fixture. In no event shall light from such fixtures be cast upward or off the property. 2. Security lighting is permitted, provided that in no event shall a security light be set to shine for longer than five minutes following activation. 3. Temporary lighting is permitted for holidays and for special events. 4. Entry post lighting is permitted at the foot of a driveway, provided that lighting is cast downward and does not spill onto the roadway. Bulbs used in such lighting shall be nonreflective and shall not exceed the wattage of a forty watt incandescent light bulb to a maximum of four hundred lumens, or their equivalent if nonincandescent lighting is used. 5. Lighting that illuminates porches and entry ways into buildings is permitted. Bulbs used in such lighting shall be nonreflective and shall not exceed the wattage of a forty watt incandescent light bulb to a maximum of four hundred lumens, or their equivalent if nonincandescent lighting is used. F. Walls, including retaining walls. The maximum wall height shall be 5 feet, averaging 2 1/2 feet as measured from the finished grade to top of the wall, unless otherwise approved by the Community Association as part of an overall landscaping or pool decking design. A wall above 3 feet shall be subject to Site Plan Review and shall not be located in the front yard or in any setback, unless approved by a Variance, (game court walls are addressed in Section 17.16.210.7.d). A retaining wall, regardless of height, which supports a surcharge as determined by the Building Official, shall require approval from the Los Angeles County Building and Safety Department. G. Outdoor storage on vacant parcels. No storage of any kind, including operable and inoperable vehicles, trailers, recreational vehicles, construction materials and debris and similar objects shall be permitted on undeveloped lots. Amend Section 17.16.200 to read as follows: Amend the title to read as follows: 17.16.200 Conditions for accessory uses and structures. Amend paragraph A.3 to read as follows: 3. No corral, pen, stable, barn, or other similar holding facility shall be permitted in the front yard or in side setbacks. Amend paragraph A.4. to read as follows: 4. Barns, stables, pens and corrals shall be located a minimum of thirty-five feet from any residential structure and a minimum of twenty-five feet from the rear property line. Amend paragraph D to read as follows: D. Turnout area. 1. Turnout area shall not be permitted in the front yard or in side setbacks. 2. Turnout area shall be located a minimum of thirty-five feet from any residential structure and a minimum of twenty-five feet from the rear property line. 3. Turnout area shall not exceed 7,200 square feet, and when constructed shall not trigger grading, as defined in Section 15.04.120 of the Municipal Code. Should grading be required, such turnout shall be reviewed by the Planning Commission pursuant to the Site Plan Review process. t Amend paragraphs E (1) and H to read as follows: E. Noncommercial radio antennas. The review of the application shall be limited to assuring compliance with the following criteria: 1. Noncommercial radio antennas shall not be located in the front yard or in any setback and shall be hidden or screened from view from the surrounding properties and any roadway easement. 2. Colors of the installation shall blend with adjacent environment and vegetation. Ordinance No. 295 18 3. All installation shall be ground mounted, unless required to ensure stability or to obtain reasonable reception. 4. The installation shall not exceed a total overall height of twenty-five feet from finished grade at total retraction. Extendable (telescoping) antennas shall not exceed fifty feet from finished grade at total extension. H. Satellite Antennae. The review of the application shall be limited to assuring compliance with the following criteria: 1. The satellite antennae shall not be located in the front yard or in any setback 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. 3. All satellite antennas installations that are more than three 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 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 a total overall height of fifteen feet from finished grade at total extension. Notwithstanding the provisions of Section 17.08.050 of this title, deviations from the above criteria may be granted by the City Manager or designee for satellite antennas three feet or less in diameter, if necessary to allow the applicant to obtain reasonable reception. Amend paragraph I to read as follows: I. Swimming pool, pool equipment, spa and similar water features shall comply with the following criteria: 1. No swimming pool, pool equipment, spa or water feature shall be located in the front yard or in any setback, except that a decorative fountain and a decorative pond, if constructed as part of landscaping features may be located in the front yard. 2. Where a swimming pool, pool equipment or spa are submitted as part of a Site Plan Review application or other discretionary permit, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot. 3. Where the size of the swimming pool/spa is 800 square feet or greater, a Site Plan Review approval shall be required. For the purpose of this section the size of the pool/spa shall include the area of the water surface only. 4. ' Where the construction of a swimming pool/spa of less than 800 square feet is submitted for an administrative approval, the applicant shall show a site for a corral and stable pursuant'to Section 17.16.170, and provide calculations regarding the gross and net lot area, structural and total lot coverage and disturbed area of the lot. 5. ; The pool equipment shall be screened from view from other properties. 6. ' Other conditions may be imposed as necessary through the discretionary or administrative review process. 17.16.200 Add new paragraphs J., K., L, and M to read as follows: J. Free standing storage shed, detached trellis, free standing covered patio, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Where any such structure exceeds 120 square feet in area or exceeds 10 feet in height, (15 feet for a roofed playhouse or fort), or when any combination of such structures exceeds a total of 600 square feet. 2. Where there is more than an aggregate of five of such structures on a lot, a total of which exceeds 600 square feet, including not more than two storage sheds. Such structures shall not be located in any setback or in the front yard, except that a decorative fountain and a decorative pond, if constructed as part of landscaping features may be located in the front yard. Such structures shall be screened from public right-of-way, easements and adjacent properties with appropriate landscaping. Ordinance No. 295 19 K. Attachments to the primary residence or to accessory buildings, such as but not limited to porches, trellises, porte cochere, entryways, breezeways and similar structures may be permitted provided they are not located in any setback. Such structures with solid roof shall be counted towards the building pad coverage guideline, structural and total lot coverage and disturbed area of the lot. Such structures with an open or partially open roof shall not be counted towards the building pad coverage guideline, but shall be counted towards the structural and total lot coverage and disturbed area of the lot. L. Playhouses and playground equipment. 1. Roofed playhouses, including forts, with or without permanent footings or foundation, which cover more than 120 square feet of surface area and ex:^eed 15 feet in t height, shall not be permitted in the front yard, or in any setback. 2. For the purpose of this section, the 120 square feet of surface area shall be limited to the area measured beneath a solid roof or other protective cover. 3. Such structures shall be screened from public right-of-way, easements and adjacent properties with appropriate landscaping. 4. Playground equipment, such as swing sets, teeter swings, slides, monkey bars, and sand boxes, free standing or as part of a fort or playhouse and which fall below the dimensions specified above, shall not be regulated by this title and are permitted anywhere on the property, except easements. 5. Playhouses, including forts, and playground equipment, regardless of size shall not be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot, except as specified in Section 17.16.200J. M. Solar panels. The review of the application shall be limited to assuring compliance with` the following criteria: 1. All plumbing devices from solar panels shall be installed in compliance with applicable installation requirements. 2. A building and/or plumbing permit, as applicable, shall be obtained prior to installation. 17.16.210. Conditions for conditional use hermits Amend paragraph A.2 to read: 2. Cabana or Detached Recreation Room. a. Cabana or detached recreation room shall not be located in' the front yard or any setback. b. The maximum size of such structure shall not exceed 800 square feet. C. No kitchen or other cooking facilities shall be permitted. d. No sleeping quarters shall be permitted. Amend paragraph A.3 to read: 3. Corral requiring grading., a. Corral requiring grading is subject to conditions specified in Section 17.16:200A. ; P b. Other conditions may be imposed through a discretionary permit review process. Amend paragraph A.4 to read: 4. Detached Garage. a. Detached garage shall not be located in the front yard or any setback. b. Other conditions may be imposed through a discretionary permit review process. Amend paragraph A.5 Guest House by adding a new item "d" and re -lettering the remaining provisions as "e" through 'j" so that the new provision d. reads as follows: d. Guest house shall not be located in the front yard or any setback. Amend paragraph A.6 Mixed Use Structures by re -lettering item "a" through "g" as "c" through "i" and adding new provisions "a" and "b" as follows: a. Mixed use structures shall not be located in the front yard or any setback. Ordinance No. 295 20 b. That portion of the structure intended to be used for other than a garage use, shall not exceed 800 square feet in size. Amend paragraph A.7.b to read: 7.b. A game court shall not be located in the front yard or any setback. Add new paragraphs 8 and 9 to Section 17.16.210A. to read as follows: 8. Hobby Shop. a. Hobby shop shall not be located in the front yard or any setback. b. The size of a hobby shop shall not exceed 800 square feet. C. No kitchen or other cooking facilities shall be permitted. d. No sleeping quarters shall be permitted. 9. Horseback Riding Ring. a. Horseback riding ring shall not be located in the front yard or any setback. b. Other conditions may be imposed through a discretionary permit review process. 3. Section 17.24.050 of Chapter 17.24 (NONCONFORMING USES AND STRUCTURES) of Title 17 of the Rolling Hills Municipal Code is amended to read as follows: 17.24.050 Reconstruction. A. Residential Structures. Any nonconforming primary residential structure in the RA -S zone, which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, may be reconstructed to the conditions that existed prior to the casualty provided the structure existed as a legally established structure. An addition not to exceed twenty-five percent, or less than 1,000 square feet of the original size of the house, whichever is greater, my be allowed, provided the added area complies with the provisions of this title. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost. B. All Other Structures. Any nonconforming structure, except as defined in Section 17.24.050(A) above, destroyed by fire, explosion, earthquake or other casualty or act of God or the public enei.iy may be restored, and the occupancy and use of that structure resumed, provided the structure existed as a legally established structure and provided such destruction does not exceed fifty percent of the assessed value of the structure. The records of the Los Angeles County Assessor for the fiscal year in which the destruction occurred shall be used in determining the. assessed value, and said value shall include only property improvements. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost. C. Site Plan Review, or other discretionary permit, shall not be required for reconstruction as set forth in paragraphs A and B of this section. 4. Chapter 17.26 VIEW PRESERVATION of Title 17, of the Rolling Hills Municipal Code is amended as follows: Amend Section 17.26.050 A Hearing procedures and findings to read: A. Notice Required. Public notice of the hearing shall be given a minimum of fifteen days prior to the hearing. The hearing shall not proceed unless proof is shown that the owner of the tree or other obstructing vegetation received notice of the hearing as provided herein: 1. Notice shall be given by certified mail, return receipt requested, to the owner of the tree or other obstructing vegetation and to the complainant. 2. ' Notice shall be given by first class mail to all property owners within one thousand feet of the exterior boundary of the property on which the tree or other obstructing vegetation are located and to other persons who, in the Committee's judgment, might be affected. 5. Chapter 17.27 ADDITIONAL DEVELOPMENT STANDARDS of Title 17 of the Rolling Hills Municipal=Code is amended by adding thereto a new Section 17.27.040 to read as follows: 17.27.040 Wireless communication antennas and facilities. A. General. Wireless communication antennas and facilities are subject to approval of a Zone Clearance.' The following minimum conditions and standards apply to. the siting of a wireless communications antennas and facilities, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future uses in the vicinity: Ordinance No. 295 21 1. Prior to issuance of a decision by the City Manager, a written notice shall be provided to property owners of properties adjacent to the property where. the proposed facility is to be located, notifying them of the application and soliciting their comments. 2.' Wireless communication antennas and facilities shall not be located on roofs or walls of any structures on private residential property, but may be located on existing utility poles and on publicly owned properties or buildings. B. Application Requirements. 1. Each application shall contain a brief narrative accompanied by written documentation and a Site Plan or map that explains the project. 2. Each application shall contain a narrative and map that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures), operated or used by the applicant and located within five (5) miles from the geographic borders of the City. 3. Each application shall contain a narrative and scaled map(s) that precisely disclose the geographic area(s) within the City proposed to be serviced by the proposed facility. 4. The application shall be accompanied by a letter to the City Manager stating the applicant's willingness to allow other carriers to co -locate on its facilities wherever feasible or a written explanation why the subject facility is not a candidate for co -location. 5. The application shall be accompanied by an RF Environmental Evaluation Report indicating that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. 6. The application shall explain why no alternative sites are available to provide service in the target service area, and why the proposed site is the environmentally and operationally superior location. The City may require independent verification of this analysis at the applicant's expense. The intention of the alternatives analysis is to present alternative strategies that would minimize the number or size and adverse environmental impacts of facilities necessary to provide the needed services to the City. C. Standards for Approval. Approval of the project is subject to the City Manager finding that the project complies with the standards and requirements of this Section, that the proposed site(s) results in fewer or less severe environmental impacts than any feasible alternative site that may be available to provide service in the geographic area, and that the project has received approval from the Rolling Hills Community Association. D. Design and Development Standards. 1. The facility shall be erected, located, operated and maintained at all times in compliance with this Section and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility. 2. The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other legally required seals or signage. 3. Any and all accessory equipment, or other equipment associated with the, operation of the facility, including but not limited to transmission cables, shall be located within an enclosure or underground vault in a manner that, if above -ground, is visually compatible with the surrounding area and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings and (3) shall not interfere with equestrian activities or easements. 4. The facility exterior shall be comprised of non -reflective material(s) and painted or camouflaged to blend with surrounding materials and colors. 5. Any screening used in connection with a wall mounted and/or roof mounted facility, shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted. 6. The facility shall be placed to the centermost location of the roof top to screen it from view from the street and adjacent properties. 7. The facility shall not include the use or installation of a monopole or increase the height of any existing utility pole. 8. Preference shall be given to co -location and shared sites. 9. In the event a pole on which facilities are located is removed, the facilities must be relocated at the provider's expense. E. Compliance Reporting. Ordinance No. 295 22 Prior to installation and thereafter upon request by the City, the telecommunications service provider must submit a certification report, attested to by a licensed engineer expert in the field of RF emissions, that the facility is compliant with the applicable FCC regulations for RF emissions. 6. Section 17.34.020A is amended by adding item 9 to read; 9. Lot Line Adjustments and delete the word "and" after item 7. Appeals Amend Table 17.34.020 to read: View Preservation Refer to Refer to Refer to Chapter 17.26 Chapter 17.26 Chapter 17.26 Lot Line Adjustment X A Yes Abbreviations: PC = Planning Commission CC = City Council X = Responsible Body A = Appeal Body or review Body 7. Section 17.38.070. of Chapter 17.38 (VARIANCES) of Title 17 of the Rolling Hills Municipal Code :is amended as follows: 17.38.070 Time limits. The following time limits shall apply to approved variances: A. Use of Variance 1. Any variance which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date. 2. For the purpose of this section, "used," means the commencement of grading or construction or any activity authorized by the grant. Delete Subparagraph "B" Completion of Construction. 8. Section 17.42.070. of Chapter 17.42 (CONDITIONAL USE PERMITS) of Title 17 of the Rolling Hills Municipal Code is amended as follows: Ordinance No. 295 23 TABLE 17.34.020 RESPONSIBLE HEARING BODIES TYPE OF APPLICATION RESPONSIBLE HEARING NOTICE BODIES REQUIRED PC CC Variance X A Yes Conditional Use Permit X A Yes Site Plan Review and X A Yes Modifications Zoning Map Change Initial Hearing X Yes Final Decision X Yes Zoning Ordinance Amendments Initial Hearing X Yes Final Decision X Yes Revocation of Variance, X A Refer to Conditional Use'Permit, Chapter 17.58 Site Plan Review, or ' Nonconforming Use View Preservation Refer to Refer to Refer to Chapter 17.26 Chapter 17.26 Chapter 17.26 Lot Line Adjustment X A Yes Abbreviations: PC = Planning Commission CC = City Council X = Responsible Body A = Appeal Body or review Body 7. Section 17.38.070. of Chapter 17.38 (VARIANCES) of Title 17 of the Rolling Hills Municipal Code :is amended as follows: 17.38.070 Time limits. The following time limits shall apply to approved variances: A. Use of Variance 1. Any variance which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date. 2. For the purpose of this section, "used," means the commencement of grading or construction or any activity authorized by the grant. Delete Subparagraph "B" Completion of Construction. 8. Section 17.42.070. of Chapter 17.42 (CONDITIONAL USE PERMITS) of Title 17 of the Rolling Hills Municipal Code is amended as follows: Ordinance No. 295 23 17.42.070 Time limits. The following time limits shall apply to approvedconditional use permits: A. Use of Conditional Use Permit. 1. Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date. 2. Extensions of conditional use permits for temporary manufactured homes may be granted for subsequent one year periods until the permit is revoked pursuant to Chapter 17.58. A hearing shall be conducted for each extension pursuant to Section 17.34.070. 3. For the purpose of this section, "used," means the commencement of grading or construction or any activity authorized by the grant. Delete Subparagraph "B" Completion of Construction. 9. Sections 17.44.020, 17.44.050 and 17.44.060 of Chapter 17.44 (ZONE CLEARANCE) of Title 17 of the Rolling Hills Municipal Code are amended to read as follows: 17.44.020 Applicability, amend to read as follows: 17.44.020 Applicability. Zone clearance shall be required for the following projects and structures: A. The construction of a barn, stable, turnout or corral that does not require grading, unless such construction is part of a development plan which otherwise requires a discretionary approval, such as Site Plan Review, Conditional Use Permit or a Variance; B. The construction of new structures or buildings, alteration, expansion, modification, or repair of any existing structures, which are exempt from Site Plan Review, as specified in Section 17.24.050 (Reconstruction of nonconforming structures), Section 17.16.030 (Accessory uses and structures), Section 17.16.200 (Conditions for accessory uses and structures) and Section 17.46.020 (Site Plan Review -Applicability) of this title. C. All other miscellaneous projects and structures, including, but not limited to architectural features and elements, porches and patios, driveways, entryways, outdoor barbecues and fire places, gazebos, trellis or archway over an entry to a driveway, hardscape, drainage devices and others, provided the construction thereof does not trigger grading, is not part of a development plan which otherwise requires a discretionary approval, such as Site Plan Review, Conditional Use Permit or a Variance and meet all the requirements of this title. 17.44.050 Proceedings, amend to read as follows: 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 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. 17.44.060 Appeals, amend to read as follows: 17.44.060 ADoeals. The decision of the City Manager or designee is considered final on the date such decision is rendered. The decision becomes effective ten days after such decision, unless an appeal has been filed with the Planning Commission. Action on appeal by the Planning Commission is appealable to the City Council in accordance with.Chapter 17.54 of this title. - 10. Sections 17.46.020, 17.46.040, 17.46.080 and 17.46.090 of Chapter 17.46 (SITE PLAN REVIEW) of Title 17 of the Rolling Hills Municipal Code are amended and a new 17.46:065 is added to read as follows: 17.46.020 Applicability, amend to read as follows: 17.46.020 Applicability. A. Site Plan review shall be required for the following projects: 1. Any grading which requires a grading permit as defined in Section 15.04.120 of the Building and Construction Code. Ordinance No. 295 24 2. The construction of any new building or structure, except for the following: a. A barn, stable, corral or turnout that do not require grading. b. A swimming pool and spa, which is less than 800 square feet in area (area of surface water), that do not require grading and when such construction would not cause exceedance of the requirements for structural and total net lot coverage and disturbed area of the lot. For the purpose of this section, the actual excavation for the swimming pool or spa is not considered grading. However, should there be a need to create a buildable pad for the purpose of locating the swimming pool or spa on the pad, and if such construction meets the criteria of grading, pursuant to Section 15.04.120 of the Building and Construction Code, a Site Plan Review shall be required. C. Reconstruction of any conforming, legally established primary or accessory residential structure which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy. d. Reconstruction of any nonconforming, legally established primary residential structure or accessory structures which are damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, meeting the criteria of Section 17.24.050A and Section 17.24.050B. e. Pool equipment and water feature f. Structures and uses listed in Section 17.16.140 (Permitted projections), Section 17.16.150 (Structures and driveways permitted within setbacks and easements), and Section 17.44.020 (Zone Clearance). 3. The expansion, modification, alteration or repair of any existing building or structure which either: a. Requires grading, or b. Increases the size of the building or structure by at least one thousand square feet and has the effect of increasing the size of the building or structure by more than twenty-five percent in any thirty -six-month period (which period shall be measured from the date that a certificate of occupancy was issued for a prior addition). B. No grading, electrical, plumbing, mechanical or building permit shall be issued for any such construction or modification until the provisions of this chapter have been complied with fully. 17.46.040 Proceedings amend subparagraph C to read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this Title. The Commission may condition approval to require Site Plan review for any future construction on the lot, regardless of whether Site Plan review would ordinarily be applicable to such construction. 17.46.065 Add a new section to read as follows: Section 17.46.065 Affidavit of Accet)tance. No Site Plan review shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant is aware of and accepts the conditions that have been imposed on the Site Plan review. Each Site Plan review granted shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder. 17.46.080 Exviration of approval amend A.1. and B.3. to read as follows: A.1. If within the time specified in the conditions of approval, or if no time is specified, within two years from the Commission's decision, grading or construction has not yet commenced, or if commenced, such work has been suspended or abandoned at any time after commencement for a period of one hundred eighty or more days; or B.3. Extension may be granted for a period of not more than two years. If within the two year time extension beyond the original project approval the project has not commenced, a new application shall be submitted and approval of the project may only be granted or denied in the same manner and based upon the same criteria as required for approval of the original project. Delete Section 17.46.090 Completion of construction. Ordinance No. 295 25 Ordinance No. 295 26 11. Amend the table in APPENDIX A titled INDEX OF PERMITTED USES List of Uses I Zone Districts RA -S-1 RA -S-2 PF A: Agricultural Use (tree, bush, or field crop) P P X Animal keeping (all domestic except swine) A* A* X B: Barn A* A* X C: Cabana C C X Civic Center X X P Corral or pen (no grading) A A X Corral or pen (with grading) X X X D: Driveway, more than one C* C* P E: F: Fire station I CP I CP I CP G: Game court I C* I C* I 1? Garage, attached I P I P I P; Garage, detached I C* I C* I P„ Gate house I CP I CP I P Golf course I X I X I CP Greenhouse I A I A I A Guest house C* . I C* I X H: Hobby shop I C* I C* I X I: J: f I I q K: L: Library, public I X I X I Cp Library, private I X I X I X- M: Manufactured homes, temporary I CP* I CP* I X Mixed-use structure I C* I C* I X. Multi -family residence I X I X I X Museum, public I X I X I CP Museum, private I X I X I X N: O: Office, commercial I X I X I CP* P: Park + CP I CP I CP P Ordinance No. 295 26 List of Uses Parking, off-street INDEX OF PERMITTED USES (continued) Playground Playhouses and playground equipment Police Station Public utility building or structure Public Transportation (no school property) Q: R: Radio antenna (non-commercial) Recreation room, attached Recreation room, detached Recreation game court Recreational vehicle storage, outdoor Recycling center Reservoir Riding Ring (more than 7,200 sq. ft.) S: Satellite dish antenna School, elementary School, secondary Solar panels Single-family residence Stable Swimming pool less than 800 sq.ft.(includes outdoor spa, bath, or jet pool) Swimming pool 800 sq.ft. or larger (includes outdoor spa) T: Turnout (7,200 sq. ft. or less) U: V: W: X: Y: Z: A* A* P A** A** P A* A* X 12. Section 15.04.080 of Chapter 15.04 of Title 15 (BUILDING CODE) of the Rolling Hills Municipal. Code is amended to read as follows: "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 it. There shall be no habitable space, including garages, lofts and mezzanines, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average of two and one-half (2 1/2') feet exterior height across the entire structure. Basements may have one standard door opening not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The door shall be a solid door, except that the upper portion of the door may contain a window or opening that is no more than 24 inches in height. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun light or similar devices. In addition, basements shall comply with the Los Angeles County Building Code requirements for ventilation and natural light. The opening(s) for natural light shall be located in a well and shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story." Ordinance No. 295 27 1 1 Zone Districts RA -S-1 RA -S-2 PF X X A CP CP CP A* A* P X X CP CP CP CP district CP* CP* X A* A* A P P P C C P See "Game court" A* A* X X X CP CP CP CP C* C* X A* A* A CP CP CP X X X A* A* A P P X A* A* A Swimming pool less than 800 sq.ft.(includes outdoor spa, bath, or jet pool) Swimming pool 800 sq.ft. or larger (includes outdoor spa) T: Turnout (7,200 sq. ft. or less) U: V: W: X: Y: Z: A* A* P A** A** P A* A* X 12. Section 15.04.080 of Chapter 15.04 of Title 15 (BUILDING CODE) of the Rolling Hills Municipal. Code is amended to read as follows: "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 it. There shall be no habitable space, including garages, lofts and mezzanines, on top of another, except over basements. A basement is not to exceed a height of five (5') feet above finished grade at any point immediately adjacent to the basement exterior, and it shall have no greater than an average of two and one-half (2 1/2') feet exterior height across the entire structure. Basements may have one standard door opening not to exceed three feet by six feet, eight inches for ingress/egress to the exterior. The door shall be a solid door, except that the upper portion of the door may contain a window or opening that is no more than 24 inches in height. The accessway to the door opening shall not exceed four feet in width and shall be incorporated into the overall design of the building but shall not have any other exterior openings, sun light or similar devices. In addition, basements shall comply with the Los Angeles County Building Code requirements for ventilation and natural light. The opening(s) for natural light shall be located in a well and shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story." Ordinance No. 295 27 1 1 1 1 1 ORDINANCE NO. 296 AN ' ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE MEETING TIME 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. Section 2.20.030 of Title 2, Chapter 2.20. of the Rolling Hills Municipal Code is amended to read: "2.20.30 MeetinLy Time. The Planning Commission will meet at the times and places established by resolution of the Planning Commission. The Planning Commission must meet at least once per month, unless its agenda contains no items of. business within the Commission's jurisdiction under this Chapter. If there are no items of business within the Commission's jurisdiction on the posted agenda, the Commission will not meet and the meeting may be adjourned by the City Clerk, or his or her designee, to the next regular meeting date. The Planning Commission will meet in the City Administration Building (City Hall), No. 2 Portuguese Bend Road, unless otherwise noticed in gcordance with State Vw." PASSED, APPROVED AND ADOPTED this 25"' v *.1 Mayor Attest: f . k A„-) Marilyn Kern Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 296 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE MEETING TIME OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on October 25, 2004 by the following roll call vote: Councilmembers Black, Hill, Lay and Mayor Heinsheimer. AYES: NOES: None. ABSENT: Mayor Pro Tem Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 296 I 9��11� DEPUTY CITY CLERK -1- ORDINANCE NO. 297 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING BUILDING PAD COVERAGE REQUIREMENTS AND AMENDING 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. The Planning Commission at its June 14, 2005 meeting adopted Resolution No. 2005-19 recommending that the City Council adopt an ordinance amending the Zoning Ordinance of the City of Rolling Hills Municipal Code pertaining to allowing percentage of covered porches to not be counted towards building pad coverage guideline. Section 2. On November 22, 2004, the City Council adopted Ordinance No. 295 consisting of amendments to the Zoning and Subdivision Codes. One of the provisions of the zoning ordinance requires that attached porches, entryways, porte cocheres and similar structures having a solid roof be counted towards the building pad coverage guideline of 30%. Such structures with open or partially open roof are not to be counted towards this guideline. Section 3. At the November 22, 2004 meeting, after adoption of the amendments to the Zoning and Subdivision Codes, Councilmembers directed the Planning Commission to further study the inclusion or not inclusion of solid roof porches, porte cocheres and similar structures in the building pad coverage guideline. Councilmembers' concern was that if these structures are not included in the calculations, they will not be shown on plans or staked in the field and it may not be clear to the Planning Commission or neighbors during the Site Plan Review process as to what exactly is being proposed. Section 4. The Planning Commission by Resolution No. 2004-16, on June 15, 2004, recommended to the City Council to adopt amendments to the Zoning and Subdivision Code with a provision that attached porches, entryways, porte cocheres and similar structures with solid or open or partially open roof not be counted towards the building pad coverage guideline. Section 5. During the Planning Commission and City Council public hearings regarding the Zoning Code amendments, several architects testified in support of not including attached, solid structures towards the building pad coverage. The architects testified that counting these structures towards the building pad coverage guideline would result in "box" like architecture, as the applicants would want to maximize the square footage of the livable areas, and that the architectural elements of covered porches, an important part of a ranch style home would disappear in time. Section 6. The Rolling Hills Community Association Architectural Committee discussed this issue at its March 4, 2005 meeting. The Architectural Committee submitted correspondence to the City indicating that including all covered porches and entryways in the pad coverage calculations would have a negative effect on the architectural character of the City. Section 7. The City Council held duly noticed public hearings on July 11, 2005, July 25, 2005 and August 22, 2005 to review the proposed amendments. Today's public hearing was noticed in the Palos Verdes Peninsula News on July 2, 2005. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 8. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff prepared a Negative Declaration. The City Council finds that the Negative Declaration represents the independent judgment of the City and that it was prepared in compliance with CEQA guidelines. Therefore, the City Council hereby adopts the Negative Declaration in accordance with the CEQA requirements. Section 9. The City Council hereby adopts the following Zoning Code amendments: Add the following definition to Section 17.12.020 "B" words, terms and phrases: "Breezeway" means a roofed passageway with open sides that connects two buildings, such as house and garage". Ordinance No. 297 -1- Amend Section 17.12.160 "P" words, terms and phrases to read as follows: "Porch (covered)" means a covered pedestrian entrance to a building; a walkway or a platform beneath a roof that is attached to the exterior of a building that sometimes runs along the entire fagade and sides of the building. The area underneath eaves is not considered a covered porch". "Porte cochere" means a roofed structure, whether attached or detached to the exterior of the building, which partially or entirely covers a driveway at the entrance of a building to provide shelter while entering or leaving a vehicle. The area underneath eaves is not considered porte cochere". Amend Section 17.16.097 Building Pad Coverage Guideline, of Title 17 of the Rolling Hills Municipal Code in its entirety to read as follows: 17.16.097 Building pad coverage guideline. A. When reviewing a proposed development project for general plan and zoning ordinance compliance, the Planning Commission utilizes a guideline in determining whether the proportion of the building pad that is proposed for development is appropriate. The Planning Commission's guideline is expressed in terms of a maximum percentage of building pad coverage. A determination as to whether a proposed project satisfies the guideline is determined by first calculating the square footage of the proposed structure(s) and of all existing structures on the lot, dividing that number by the square footage of that portion of the building pad that is not in the setbacks, and then comparing that percentage figure to the Commission's guideline percentage. B. Structures having a solid roof that are attached to the primary residence or to accessory buildings, except for covered porches as described below, shall be counted towards the building pad coverage guideline. All roofed structures shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. C. Covered porches having an area of 10% or less of the area of the footprint of the primary residence, and for accessory structures having an area of 10% or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. D. Trellises attached to the primary residence or to accessory buildings shall not be counted towards the building pad coverage guideline. However, all trellises shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. E. Satisfaction of the Commission's guideline for allowable building pad coverage is only one of several factors for determining project compliance with the general plan and zoning ordinance and all other required findings for the particular approval sought must also be satisfied. Amend Section 17.16.200 K Conditions for accessory uses, of Title 17 of the Rolling Hills Municipal Code to read as follows: K. Structures attached to the primary residence or to accessory buildings, such as but not limited to trellises, covered porches, porte cochere, entryways, and breezeways may be permitted provided they are not located in any setback. Such structures shall be counted towards the building pad coverage guideline, except as specified in Section 17.16.097 C and D, and towards structural and total net lot coverage and the disturbed area of the net lot. PASSED, APPROVED AND ADOPTED THIS 22nd DA GUS , 2005. GODFREY HELL MAYOR Ordinance No. 297 -2- 77 L J ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing- Ordinance No. 297 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING BUILDING PAD COVERAGE REQUIREMENTS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on August 22, 2005 by the following roll call vote: AYES: Councilmembers Heisheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: Councilmember Black. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 297 -3- ORDINANCE NO. 298-U AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION; MAKING AMENDMENTS TO SAID CODE; AMENDING CHAPTER 15.16 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 FOLLOWS: Section 1. Chapter 15.16 (Electrical Code) of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended in its entirety to read as follows: Chapter 15.16 ELECTRICAL CODE Sections: 15.16.010 Adoption of Electrical Code 15.16.020 Short Title 15.16.030 Definitions 15.16.040 Amendments — Fees 15.16.050 Violations and penalties 15.16.010 Adoption of Electrical Code. r Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on September 1, 2005, adopting the California Electrical Code, 2004 Edition (Part 3 of Title 24 of the California Code of Regulations), including Section 089-7 of Article 089; Article 90-F; Chapters 1 through 9; and Annexes A, B, C, D, and F of Title 27 of the Los Angeles County Code is hereby adopted by reference and shall constitute and may be cited as the Electrical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Electrical Code, 2004 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2004 Edition, 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 15.16.020 Short Title 0 This Chapter shall be known as the "Electrical Code of the City of Rolling Hills" and may be cited as such. Section 15.16.030 Definitions. Notwithstanding the provisions of Section 15.16.010, whenever any of the following names or terms are used in the Electrical Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows: 1. "Chief Electrical Inspector" shall mean the County Engineer of the County of Los Angeles, except as specified in Section 80-4 of the Electrical Code. 2. "County," "County of Los Angeles" or "unincorporated -area of the County of Los Angeles" shall mean the City of Rolling Hills. 3. "Maintenance Electrician" shall mean a person holding a valid Certificate of Registration as Maintenance Electrician issued by the County of Los Angeles as set forth in Section 82-4(b) of Title 27 of said Los Angeles County Electrical Code. 4. "Special Inspector" shall mean a person holding a valid Certificate of Registration as Special Inspector issued by the County of Los Angeles as set forth in Section 82-14(a) of the Los Angeles County Electrical Code, or a person otherwise determined to be qualified by the Chief Electrical Inspector.. Ordinance No. 298-U -1- Section 15.16.040 Electrical Code Fees. Notwithstanding the provisions of Section 15.16.010, fees for plan check, inspection and all other miscellaneous services shall be based on the fee schedule set forth by Los Angeles County Code, Title 27, Fees, or as approved by resolution of the City Council. Section 15.16.050 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 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 2. State law requires that the County's Electrical Code impose the same requirements as are contained in the building standards published in the California Electrical Code except for changes or modifications deemed reasonably necessary by the County because of local climatic, geologic or topographical conditions. The modifications to the Code contain vital provisions regarding administrative procedures and geological conditions. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. Hence, this Ordinance is necessary to preserve the public health, safety and welfare by assuring that the most recent version of the State Electrical Code is in effect in compliance with State law, incorporating local modifications. This ordinance is adopted pursuant to California Government Code Section 36937 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be retroactive to September 1, 2005 and shall apply to permits issued on or after that date. PASSED, APPROVED AND ADOPTED THIS-266"'DAY OF SEPTEMBER 2005. YOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK Ordinance No. 298-U -2- 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 298-U entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION; MAKING AMENDMENTS TO SAID CODE; AMENDING CHAPTER 15.16 OF TITLE 15 OF THE ROLLING HILLS MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on September 26, 2005, by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: ' None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK Ordinance No. 298-U -3- ORDINANCE NO. 299 AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. The City Council held duly noticed public hearings on April 10, 2006, and April 24, 2006 to review the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on April 1, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 2. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the proposed Building Code amendment is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) 3 of said Act. Section 3. Subparagraph 1 and subparagraph 2 of Section 15.04.150 of the Municipal Code are amended to read as follows: 7015.5 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan. A project may deviate from balanced cut and fill onlv under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved. p. 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, except where a variance pursuant to Chapter 17.38 has been approved. Section 5. Subparagraph 1 and subparagraph 2 of Section 15.04.170 are amended to read as follows: 7016.9 BALANCED CUT AND FILL RATIO Strict adherence to the balanced cut and fill ratio is an important policy of the City and furthers the goals and obiectives of its General Plan. A project may deviate from balanced cut and fill only under unusual circumstances related to the size. shape, topography or other physical conditions of the property that qualify it for a variance under Section 17.38.050. 1. No export or import of soil shall be permitted from or to any lot in the City, except where a Variance pursuant to Chapter 17.38 has been approved. 1-1 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, except where a Variance pursuant to Chapter 17.38 has been approved. PASSED AND APPROVED ON THE 8`h DAY OF May, 2006. O.A ENL�Y, MA ATTEST: MARILYN KE , DEPUTY CITY CLERK Ordinance No. 299 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 299 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS CLARIFYING THE PROHIBITION OF THE IMPORT OR EXPORT OF SOIL EXCEPT WHERE A VARIANCE IS GRANTED IN ACCORDANCE WITH THE MUNICIPAL CODE AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION CODE OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on May 8, 2006, by the following roll call vote: AYES: Councilmembers Hill, Pernell and Mayor Lay. NOES: None . ABSENT: Councilmember Heinsheimer and Mayor Pro Tem Black. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices -f��� K qAM--" DEPUTY CITY (:IERK F 1 Ordinance No. 299 -2- ORDINANCE NO. 300 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: Section 1. The City Council hereby finds that the Title 44, Section 60.1(a) of the Code of Federal Regulations requires adoption of Floodplain Management Regulations in order for the residents of the City of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program, which is managed by the Federal Emergency Management Agency. Such regulations must meet the minimum standards set forth in Title 44, Section 60.3(a) of the Code of Federal Regulations. Section 2. Title 8 of the Rolling Hills Municipal Code is amended by adding thereto a new Chapter 8.36 to read as follows: CHAPTER 8.36. FLOODPLAIN MANAGEMENT REGULATIONS 8.36.010 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. This Chapter is enacted in order to establish the Floodplain Management Regulations required under Title 44, Section 60 of the Code of Federal Regulations in order for the residents of Rolling Hills to be eligible to purchase flood insurance through the National Flood Insurance Program. 8.36.020 STATEMENT OF PURPOSE. It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 8.36.030 DEFINITIONS. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Ordinance No. 300 -1- "Base flood," means a flood, which has a one percent chance of being equaled or exceeded in any given vear (also called the "100 -year flood"). Base flood is the term used throughout this chapter. "Building" - see "Structure." "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Historic structure" means any structure that is 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. "One -hundred -year flood" or "100 -year flood" - see 'Base flood." "Recreational vehicle" means a vehicle, which is 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Ordinance No. 300 -2- "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure". 8.36.040 LANDS TO WHICH THIS CHAPTER APPLIES. This Chapter shall apply to all areas identified as flood -prone within the jurisdiction of the City of Rolling Hills. 8.36.050 BASIS FOR ESTABLISHING FLOOD -PRONE AREAS. The Floodplain Administrator, or his or her designee, shall obtain, review, and reasonably utilize any. base flood data available from other Federal or state agencies or other source to identify flood -prone areas within the jurisdiction of the City of Rolling Hills. This data will be on file at the Rolling Hills Department of Planning, City Hall, No. 2 Portuguese Bend Road, Rolling Hills, California 90274.- 8.36.060 0274. 8.36.060 COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. 8.36.070 ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another Chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Ordinance No. 300 -3- 8.36.080 INTERPRETATION. In the interpretation and application of this Chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 8.36.090 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City Council, any officer or employee thereof, the County of Los Angeles as designee of the Floodplain Administrator, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. 8.36.110 ESTABLISHMENT OF FLOOD DAMAGE PREVENTION PERMIT. A Flood Damage Prevention permit shall be obtained for all proposed construction or other development in the community, including the placement of manufactured homes, so that it may be determined whether such construction or other development is within flood -prone areas. 8.36.120 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager, or his or her designee, is hereby appointed to administer, implement, and enforce this Chapter by granting or denying flood damage prevention permits in accord with its provisions. 8.36.130 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties and responsibilities of the Floodplain Administrator, or his or her designee, shall include, but not be limited to the following: A. Permit Review. Review all flood damage prevention permit applications to determine: 1. Permit requirements of this Chapter have been satisfied; 2. All other required state and federal permits have been obtained; and 3. The site is reasonably safe from flooding. B. Review and Use of Anv Other Base Flood Data. The Floodplain Administrator, or his or her designee, shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agency or other source. 8.36.140 STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood -prone area, all new construction and substantial improvements, including manufactured homes, shall: A. Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. B. Be constructed: 1. With materials and utility equipment resistant to flood damage; Ordinance No. 300 -4- 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 8.36.150 STANDARDS FOR SUBDIVISIONS OR OTHER PROPOSED NEW DEVELOPMENT. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood - prone area, any such proposals shall be reviewed to assure that: A. All such proposals are consistent with the need to minimize flood damage within the flood prone area; B. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and C. Adequate drainage is provided to reduce exposure to flood hazards. 8.36.160 STANDARDS FOR UTILITIES. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: 1. Infiltration of flood waters into the systems, and 2. Discharge from the systems into floodwaters. B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. 8.36.170 SEVERABILITY. Chapter 8.36 of the Rolling Hills Municipal Code and the various parts thereof are hereby declared to be severable. Should any section \ of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. Section 3. Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 15.04.185 to read as follows: 15.04.185 COMPLIANCE WITH FLOODPLAIN MANAGEMENT, REGULATIONS. Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by requiring that all new construction and substantial improvements proposed to be built in a flood -prone area, as determined in accordance with Section 8.36.050 of this Code, is subject to the Floodplain Management Regulations set forth in Chapter 8.36 of this Code. Section 4. The City Clerk is directed to certify the passage and adoption of this Chapter, cause it to be entered into the City of Rolling Hill's book of original chapters, make a note of the passage and adoption in the records of this meeting, and, within 15 business days after the passage and adoption of this Chapter, cause it to be published or posted in accordance with California law. Section 5. This Chapter will become effective on the thirty-first day following its passage and adoption. PASSED, APPROVED AND ADOPTED this 28`h.day of August 200 . B. ALLEN LAY, �6?ORV ATTEST: beputy City Jerk Ordinance No. 300 -5- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 300 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 8 HEALTH AND SAFETY OF THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 8.36 FLOODPLAIN MANAGEMENT AND AMENDING CHAPTER 15.04 OF TITLE 15 BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on August 28, 2006 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: Councilmember Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices 4� DEPUTY CITY CLERK 1_ 1 Ordinance No. 300 -6- 1 ORDINANCE NO. 301 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO MODIFY AND CLARIFY CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION ORDINANCES AND AMENDING TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. In December 2004, the City Council, after a recommendation from the Planning Commission, adopted comprehensive amendments to the Zoning and Subdivision Ordinances. After working with the new provisions for the past year and a half, staff has discovered a few subjects that require clarification. Section 2. The Planning Commission held duly noticed public hearings on July 18, 2006 and August 15, 2006 to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Section 3. , The City Council held duly noticed public hearings on September 11, 2006, and September 25, 2006 on the proposed amendments. The public hearings were noticed in the Palos Verdes Peninsula News on September 2, 2006. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Section 4. Pursuant to California Environmental Quality Act (CEQA) requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendments and concluded that the proposed project is exempt from the State of California Environmental Quality Act pursuant to Section 15061(b) of said Act. Section 5. After considering the information presented during the public hearings on this matter, the City Council finds that the proposed Zoning Ordinance and Subdivision Ordinance amendments comply with the requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government section 65850 through Section 66403). Section 6. The City Council hereby adopts the proposed amendments, as specified in Exhibit A, attached to this Ordinance and made a part thereof. PASSED, APPROVED AND ADOPTED this 25th day of September 2006. ATTEST: ry�'� K --&/ MARILYN KERN DEPUTY CITY CLERK Ord. No. 301 JA ES BLACK! MAYOR PRO TEM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 301 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING AMENDMENTS TO THE ROLLING HILLS MUNICIPAL CODE MODIFYING AND CLARIFYING CERTAIN PROVISIONS OF THE ZONING AND SUBDIVISION CODES AND AMENDING TITLE 16, SUBDIVISION AND TITLE 17, ZONING OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on September 25, 2006 by the following roll call vote: AYES: Councilmembers Heinsheimer, Mayor Pro Tem Black NOES: None. ABSENT: Mayor Lay. ABSTAIN: N o n e . Hill, Pernell and ' i and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY"CLERK Ord. No. 301 2 1 1 EXHIBIT A TITLE 16. SUBDIVISION CODE Amend Title 16, Subdivision as follows: 1. Amend Section 16.12.050H to read as follows: H. The lot layout and the dimension of each lot with (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent; 2. Amend Section 16.16.170 Lot Layout to read as follows: 16.16.170 Lot Lavout. Each lot layout shall include: (i) a proposed twelve thousand square foot graded building pad that has an average slope of ten percent or less and is not in the setbacks; (ii) a minimum of four hundred fifty square foot stable area and a minimum of five hundred fifty square foot of corral area, pursuant to the requirements of Section 17.16.200 of this code. The grade of access to the building pad shall not be greater that twelve percent, or as otherwise approved by the Planning Commission pursuant to Section 17.16.160 of this code; and to the stable and corral area not greater than twenty-five percent. TITLE 17. ZONING Amend Title 17, Zoniniz as follows: 3. Amend Section 17.12.250 of the Rolling Hills Zoning Ordinance to read as follows: 17.12.250 "Y" words, terms and phrases. Yard, Front. "Front yard" means the space extending across the full width of the lot between the side lot lines, the depth of which is measured between the front roadway easement line and either the nearest line of the primary building or the nearest line'of any enclosed or covered porch attached thereto. This area shall be unoccupied or unobstructed by any structures, unless otherwise provided for in this title. 4. Amend Section 17.16.097C by adding the word "Attached" to read: C. Attached covered porches having an area of ten percent or less of the area of the footprint of the primary residence, and for accessory structures having an area of ten percent or less of the area of the footprint of the accessory structure shall not be counted towards the building pad coverage guideline. However, all attached covered porches shall be depicted on plot plans submitted to the City for administrative or discretionary approvals and shall be staked in the field if a site visit is scheduled. 5. Amend Section 17.16.097 Building_ pad coveraize guideline by adding subparagraph E to read as follows: E. Structures meeting the requirements of Section 17.16.200) shall not be counted towards the building pad coverage guideline. AND Change the order of the remaining paragraph by re -lettering the existing Section 17.16.097E as Section 17.16.097F. 6. Amend Section 17.16.200 12. to read as follows: 2. Where a swimming pool, pool equipment or spa are submitted as part of a discretionary or nondiscretionary review, such structures shall be counted towards building pad coverage, structural and total lot coverage and the disturbed area of the lot. Ord. No. 301 3 7. Amend Section 17.16.2001 Conditions for accessory uses subpart 1 and 2 only to read as follows. The balance of paragraph "J" shall remain unchanged. J. Freestanding storage shed, detached trellis, freestanding covered patio having a solid roof, gazebo, outdoor bar, barbeque or fireplace, roofed playhouses or forts, fountains, ponds and similar structures. Such structures shall not require a discretionary review and shall not be counted towards building pad coverage, structural, total lot coverage and disturbed area of the lot unless: 1. Any one of such structures exceed one hundred twenty square feet in area or exceed twelve feet in height, (fifteen feet for a roofed playhouse or fort), or when any combination of such structures exceed a total of eight hundred square feet, except that free standing trellises or covered patios may be larger than one hundred twenty square feet, provided that the combined total of such structures does not exceed eight hundred square feet. 2. There is more than an aggregate of five of such structures on a lot, or where the total of such structures exceed eight hundred square feet, including not more than two storage sheds. 8. Amend Chapter 17.38 VARIANCES by adding a new Section 17.38.065 to read as follows: 17.38.065 Subseauent modification. A. After a variance application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional variance. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Variance shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. D. Major modifications shall be considered a new project. As such, a new application for a variance shall be required, and the application shall be reviewed as provided for in this chapter. 9. Amend Chapter 17.42 CONDITIONAL USE PERMITS by adding a new Section 17.42.065 to read as follows: 17.42.065 Subseauent modification. A. After a Conditional Use Permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional Conditional Use Permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications. B. Any property owner, or his designated representative, seeking to modify an approved Conditional Use Permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications. C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original Conditional Use Permit approval. An action of the City Manager to deny a request for minor modifications may be appealed to the Planning Commission as provided for in Chapter 17.54. Ord. No. 301 4 1 1 D. Major modifications shall be considered a new project. As such, a new application for Conditional Use Permit shall be required, and the application shall be reviewed as provided for in this chapter. 10. Amend Section 17.46.040C of Chapter 17.46 SITE PLAN REVIEW, to read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval, as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. However, if the future development requires a Variance or a Conditional Use Permit, which requires Planning Commission review, a Site Plan Review is not also required. Ord. No. 301 5 ORDINANCE NO. 302 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE CITY MANAGER The City Council of the City of Rolling Hills does ordain as follows: Section 1. Paragraph A of Section 2.04.200 of Title 2, Chapter 2.04 of the Rolling Hills Municipal Code is hereby amended to read as follows: A. The City Manager, or his designee, shall serve as staff for and attend all meetings of the City's appointed commissions, boards or committees. Section 2. Section 2.04.220 of Title 2, Chapter 2.04 of the Rolling Hills Municipal Code is hereby amended to read as follows: 2.04.220 Acting Citv Manager. The City Manager shall designate a qualified City employee to serve as acting City Manager in his absence on vacation or when attending an out-of-town conference. In the event of any other temporary absence or disability of the City Manager, the City Council shall designate a qualified person to serve as acting City Manager. Section 3. Paragraph C. of Section 2.04.060 and Section 2.04.230 of Title 2, Chapter 2.04 of the Rolling Hills Municipal Code are hereby repealed in their entirety. PASSED, APPROVED AND ADOPTED this 12'h day of March, 2007. lit�,5 _ B. ALLEN LAY 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. 302 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE CITY MANAGER was approved and adopted at a regular meeting of the City Council on March 12, 2007 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill/ Pernell, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. MARI N KE DEPUTY CITY CLERK Ordinance No. 302 -1- ORDINANCE NO. 303 AN ORDINANCE OF THE CITY OF ROLLING HILLS REVISING THE CITY'S PURCHASING SYSTEM AND AMENDING THE ROLLING HILLS MUNICIPAL CODE The City Council of the City of Rolling Hills does ordain as follows: Section 1. Title 3, Chapter 3.04 of the Rolling Hills Municipal Code is amended in its entirety to read as follows:, 3.04.020 Definitions — As used in this Ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) City shall mean the City of Rolling Hills. (b) Contract shall mean an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to do a particular thing. (c) Encumbrance shall mean a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. (d) Personal Property shall mean any tangible property not including land or real estate. This includes but is not limited to vehicles, equipment, supplies, furniture and fixtures. (e) Purcliases shall mean procurement of supplies, services, equipment and personal property and shall include leases or rentals of such items. (fl Professional Services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. (g) Public Works Project as defined in California Public Contract Code Section 20161 is "(a) a project for the erection, improvement, painting or repair of public buildings and works. (b) Work in or about streams, bays, waterfronts, Ordinance No. 303 -1- Chapter 3.04 Purchasing System Sections: 3.04.010 Establishment of Purchasing System 3.04.020 Definitions 3.04.030 Decentralized Purchasing 3.04.040 Contractual Authority 3.04.050 Bid Procedures 3.04.060 Purchases without Bidding 3.04.070 Temporary staffing, Professional and Consultant Services 3.04.080 Requisitions and Purchase Orders 3.04.090 Encumbrance of Funds 3.04.100 Change Orders 3.04.110 City Credit Card Usage 3.04.120 Emergency Purchases 3.04.130 Vendor List Procurement 3.04.140 Sole Source Procurement 3.04.150 Cooperative Purchasing 3.04.160 Use of Recycled Materials 3.04.170 Bidding for Public Works Projects 3.04.180 Surplus Personal Property 3.04.010 Establishment of a Purchasing Svstem — To establish efficient procedures for the purchase of supplies, services, and equipment; to secure for the City supplies, services, and equipment at the lowest cost commensurate with the quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. 3.04.020 Definitions — As used in this Ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) City shall mean the City of Rolling Hills. (b) Contract shall mean an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to do a particular thing. (c) Encumbrance shall mean a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. (d) Personal Property shall mean any tangible property not including land or real estate. This includes but is not limited to vehicles, equipment, supplies, furniture and fixtures. (e) Purcliases shall mean procurement of supplies, services, equipment and personal property and shall include leases or rentals of such items. (fl Professional Services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. (g) Public Works Project as defined in California Public Contract Code Section 20161 is "(a) a project for the erection, improvement, painting or repair of public buildings and works. (b) Work in or about streams, bays, waterfronts, Ordinance No. 303 -1- embankments, or other work for protection against overflow. (c) Street or sewer work except maintenance or repair. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. (h) Responsive Bidder shall mean a bidder who has placed an offer to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms, conditions and other requirements included in the request for bids. (i) Services shall mean any and all services, including but not limited to equipment services contracts. (j) Surplus Personal Property shall mean any personal property that is no longer needed or useable by the City. 3.04.030 Purchasing Resvonsibilitv — The purchase of .supplies, services, and equipment is the responsibility of the City Manager. It is the responsibility of the City Manager to ensure the adherence to the procedures prescribed in this Chapter. 3.04.040 Contractual Authoritv — Provided there is adequate unencumbered budget in the account against which the expenditure is to be charged: (a) Purchases with an estimated value up to twenty five thousand dollars ($25,000) shall be approved by the City Manager or designee. (b) Purchases with an estimated value greater than twenty-five thousand dollars ($25,000) shall be approved by the City Council. In the case where there does not exist an available unencumbered budget, the City Manager's contract authorization set forth above shall not exceed five thousand dollars ($5,000). 3.04.050 Bid Procedures — Purchases of supplies, services, and equipment with an estimated value of greater than $2,500 shall be by bid procedures pursuant to this section, except as otherwise provided in this Chapter. (a) Minimum number of bids. Purchases shall be based on at least three bids, and shall be awarded to the lowest responsive and responsible bidder. (b) Solicitation of Bids. The City staff may solicit bids by telephone or in writing from prospective bidders. Written solicitation of bids may be by mailed solicitation, posting, or by publication in a newspaper of general circulation or in trade journals. (c) Response to Solicitation. If purchase cost is five thousand dollars ($5,000) or less, oral bids may be accepted. If the purchase cost is in excess of five thousand dollars ($5,000), written bids shall be obtained. (d) Rejection of bids. The City may reject any and all bids for any reason and may waive any irregularity in any bid that does not create an undue or unfair advantage to the bidder. (e) Cost of bid preparation. The cost of bid preparation shall be borne entirely by bidders and shall in no circumstance be a charge against the City. (f) Record of bids. The records of bid shall be kept in accordance with the approved record retention policy. (g) Performance bond. The City may in its discretion require a performance bond of the successful bidder in the full amount of the contract price. 3.04.060 Purchases without Bidding - Bidding shall not be required when one of the following conditions pertains: (a) The amount of the purchase has a total estimated value of less than two thousand five hundred dollars ($2,500). (b) Sole source purchases such as legal advertising, utilities, conferences, and Sheriff's department services. (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. Ordinance No. 303 -2- 1 (d) Purchases from vendors on the City Council Approved Vendor's List. (e) If, at the discretion of the City Manager, and upon a finding supported with written documentation, it is in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. These purchases must be approved by the City Manager or his/her designee. (f) Purchases made through a Cooperative Purchasing Program utilizing purchasing agreements maintained by the State, County, or other public agencies. 3.04.070. Temoorary Staffing, Professional and Consultant Services.. Proposals for all temporary staffing, professional and consultant services may be obtained pursuant to procedures determined by the City Manager. Selection shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. It is not mandatory that a contract for temporary staffing, professional and consultant services be awarded to the lowest bidder when it is believed that the quality of service or technical expertise provided by a higher bidder warrants their selection. Reasons for the selection of any bidder other than the lowest bidders shall be in writing and shall be retained with the record of bids. 3.04.080 Reauisitions and Purchase Orders — Except as provided in Sections 3.04.110 and 3.04.120, below, purchase of supplies, services and equipment where the cost exceeds $2,500 shall require a requisition and purchase order. Requisitions shall be approved by ,the City Manager as prescribed in Section 3.04.040 for budgetary and purchasing policy compliance. Upon final approval, the requisition will be converted to a Purchase Order and the funds will be encumbered. A requisition and purchase order may be issued for items costing less than $2,500 if required by the vendor or if the department wishes to use the purchase order as a mechanism to encumber funds. 3.04.090 Encumbrance of Funds — Except in cases of emergency, the City Manager shall not issue any purchase order for supplies, services, or equipment unless there exists an unencumbered appropriation in the account against which said purchase is to be charged. If when the purchase order is posted the account appears to be over budget, the City Manager shall create a budget transfer to cover said overage immediately. 3.04.100 — ChanQe Orders — Purchase Orders represent a contract between the City and the Vendor. Any substantial change to a Purchase Order shall be documented as a change order. Change orders shall be approved by the City Manager. A purchase order may not be increased by more than 1070 or $2,500 whichever is less, without a change order. If the contract is awarded by the City Council, the City Council may approve a contingency in addition to the contract award. The City Manager may approve change orders on City Council approved contracts up to the contingency amount. If the change order exceeds the contingency it must be taken to the City Council for additional authorization. 3.04.110 Citv Credit Card Usage — Under certain circumstances, the use of a City credit card may be the most appropriate method of payment for purchases. The following policies and procedures are established to ensure internal control and timely payment of charges. City credit cards shall be available to staff for the conduct of official City business, including but not limited to the following purposes: (a) To charge the cost of meals when required in the conduct of official business, except when an employee has received a travel advance. (b) Authorized travel expenses and hotel charges. (c) Gasoline purchases. (d) Other circumstances where the use of a credit card best meets the needs as determined by the City Manager. All receipts shall be turned in to the finance staff when the credit card is returned. Purchase made with credit cards shall follow normal budgetary guidelines and purchasing regulations. 3.04.120 Emereencv Purchases — The City Manager may authorize emergency purchases free of all provisions of this Chapter upon showing that the purchase required is for the Ordinance No. 303 -3- immediate preservation of health, safety and welfare, repair to existing City equipment which impacts ongoing City operations, or for the protection of property. There must be a present, immediate and existing emergency that could not reasonably be foreseen. A confirming Purchase Order must be completed after the emergency. 3.04.130 Vendor List Procurement - In January each year, the City Manager will establish an "Approved Vendor List" and present it to the City Council for approval. This list will be comprised of vendors who have consistently provided excellent service to the City. This will be based on City standards for quality and price of services meaning that they have traditionally been the lowest bidder, they can deliver goods or services on time, or they consistently meet or exceed product/ service specifications. Vendors on the Approved Vendor List shall be evaluated regularly by City staff for quality and price. Vendors not meeting City standards may be removed by the City Manager or designee at any time. Once removed, a vendor may be reconsidered for placement on the Approved Vendor List the following January. 3.04.140 Sole Source Procurement - Situations in which a procurement of any product is obtainable only from a single vendor or sole source, and is not adaptable to competitive bidding. The City Manager shall negotiate with the vendor so that the City receives a fair and equitable price for the desired supplies, service, equipment or product. 3.04.150 Cooperative Purchasine Programs — Purchases may be made under a cooperative purchasing program, utilizing purchasing agreements maintained by the State, County, or other public agencies are exempted from the requirements of this Chapter. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies, equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services at a purchase price lower than the City can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the State, the County or other governmental agency will result in savings to the City, the City is authorized to make such purchases. 3.04.160 Use of Recvcled Materials — The City shall purchase and use recycled products and recycled materials when available unless determined by the City Manager to be financially infeasible. The City may at its option require its contractors and consultants to use recycled products in fulfilling contractual obligations 3.04.170 Bidding for Public Works Projects — Public works projects shall be bid, advertised and awarded in accordance with applicable sections of the California Public Contract Code. 3.04.180 Surplus Personal Property — The City Manager shall periodically review the City's equipment and inventory and complete a surplus property list for items deemed surplus or have become obsolete or worn out. (a) Trade in. The City Manager or designee shall have the authority to exchange for or trade in on new equipment surplus personal property. (b) Sale. The City Manager shall have the authority to dispose of surplus personal property by auction, sealed bids, for scrap or negotiated sale, whichever in the City Manager's judgment will provide the maximum return to the City. (c) Disposed as trash. When the cost of locating a buyer exceeds the estimated sale price of surplus personal property or the item is obsolete or worn out or of minimal value, the City Manager may recycle, destroy or dispose of the item as trash. (d) Disposed as gifts. The City Manager subject to the approval of the City Council may give surplus personal property to another public agency or special district such as a school district or library. Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 121h day of March, 2007. ALLEN LAY l/ MAYOR Ordinance No. 303 -4- i 1 1 E ATTEST: k MARILYN KEAN DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES §§ CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 303 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REVISING THE CITY'S PURCHASING SYSTEM AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on March 12, 2007 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. MARILYN IZERN DEPUTY CITY CLERK Ordinance No. 303 -5- ORDINANCE NO. 304 AN ORDINANCE OF THE CITE' OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PRIVATE STREETS The City Council of the City of Rolling Hills does ordain as follows: Section 1. Section 10.04.090 of Title 10, Chapter 10.04 is amended as follows: 10.04.090 Road or roadway. "Road" or "roadway" means a way or place within the City maintained without expenditure of public funds (other than for public safety) by the Rolling Hills Community Association, shown as a private road on a subdivision map or record of survey map on record in the office of the County Recorder, or the maintenance of which has been assumed by the above-mentioned association by written instrument. The term "road" includes as a part thereof the entire right-of-way, including any trails or walkways. The following and only the following ways and places are private roads for the purposes of this title: Acacia Lane Acacia Road Appaloosa Lane Blackwater Canyon Road (Upper and Lower) Bowie Road Buckboard Lane Buckboard Trail Buggy Whip Drive Caballeros Road Chesterfield Road Chestnut Lane Chuckwagon Road Cinchring Road Crest Road (East and West) Eastfield Drive ` El Concho Lane Eucalyptus Lane Flying Mane Lane Flying Mane Road Georgeff Road Hackamore Road Hillside Lane Johns Canyon Road Maverick Lane Meadowlark Lane Middleridge Lane (North and South) Morean Lane Open Brand Road Outrider Road Packsaddle Road (East and West) Pine Tree Lane Pinto Road Poppy Trail Portuguese Bend Road Possum Ridge Road Quail Ridge Road (North and South) Ranchero Road Reata Lane Ringbit Road (East and West) Roadrunner Road Roundup Road Runningbrand Road Saddleback Road Southfield Drive Spur Lane Wagon Lane Wideloop Road Williamsburg Lane Ordinance No. 304 -1- Wrangler Road PASSED, APPROVED AND ADOPTED this 26 day of March, 2007. 0 Attest: Marilyn L. Kern Deputy City Clerk STATE OF CALIFORNIA } COUNTY. OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 304 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PRIVATE STREETS was approved and adopted at a regular meeting of the City Council on March 26, 2007 by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Marilyn L. Dern Deputy City Clerk 1 Ordinance No. 304 -2- 1 ORDINANCE NO. 305 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE PLANNING 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 2.20.020 of Chapter 2.20 of Title 2 of the Rolling Hills Municipal Code is amended 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 for staggered terms of four years. Following expiration of the term of office, each Commissioner shall serve until a successor is appointed and qualified." Section 2. In order to achieve staggered four-year terms for the three members appointed by the City Council, appointments will be made in the following manner: A) Upon the expiration of one term in 2008, the appointee will be appointed for a three-year term until 2011. Thereafter, the appointee to the seat will be appointed for a four-year term. B) Upon expiration of one term in 2008, the appointee to the seat will be appointed for a four-year term. C) Upon the expiration of one term in 2009, the appointee to the seat will be appointed for a four-year term. PASSED, APPROVED AND ADO s 10"' day of er, 2007. jamesMIack Mayor Attest: I< -Pn Marilyn L. Kern Deputy City Clerk Ordinance No. 305 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 305 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on September 10, 2007 by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. 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 G 1 Ordinance No. 305 -2- 1 ORDINANCE NO. 306 AN ORDINANCE OF THE CITY OF ADVISORY TRAFFIC COMMISSION HILLS MUNICIPAL CODE ROLLING HILLS REGARDING THE AND AMENDING THE ROLLING 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 Established --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 four years. 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 Council member. A Vice Chairperson shall be elected by the Commission." Section 2. In order to achieve staggered four-year terms for the three members appointed by the City Council, appointments will be made in the following manner: A) Upon the expiration of one term in 2008, the appointee will be appointed for a three-year term until 2011. Thereafter, the appointee to the seat will be appointed for a four-year term. B) Upon expiration of one term in 2008, the appointee to the seat will be appointed for a four-year term. C) Upon the expiration of one term in 2009, the appointee to the seat will be appointed for a four-year term. PASSED, APPROVED AND ADOPTED this 10th day of September, 2007. v 4rMa Attest: Me �. S. )_6kyj Marilyn L. Kern Deputy City Clerk Ordinance No. 306 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 306 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO PRIVATE STREETS was approved and adopted at a regular meeting of the City Council on September 10, 2007 by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices P r A n,.- Marilyn L. Kern Deputy City Clerk 1 7 Ordinance No. 306 -2- ORDINANCE NO. 307 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE DESIGNATION OF THE BUILDING OFFICIAL AND CITY ENGINEER The City Council of the City of Rolling Hills does ordain as follows: Section 1. The following definitions in Section 15.04.040 of Title 15, Chapter 15.04 of the Rolling Hills Municipal Code are hereby amended and a new definition for the term "City Engineer" is added to read as follows: ' "Building department" means the entities charged by resolution of the City Council with the responsibility of administering the building code for the City." "Building official" means the persons charged by resolution of the City Council with the responsibility of administering the building code for the City." "City Engineer" means the persons charged by resolution of the City Council with the responsibility of performing the functions of city engineer for the City. Section 2. The following definition in Section 15.08.030 of Title 15, Chapter 15.08 of the Rolling Hills Municipal Code is hereby amended to read as follows: A. "Administrative Authority," Chief Plumbing Inspector," or "Plumbing Inspector" means the persons charged by resolution of the City Council with the responsibility of administering the plumbing code for the City." Section 3. The following definitions in Section 15.12.030 of Title 15, Chapter 15.12 of the Rolling Hills Municipal Code are hereby amended to read as follows: B. "Building department" means the entities charged by resolution of the City Council with the responsibility of administering the building code for the City." D. "Building official" means the persons charged by resolution of the City Council with the responsibility of administering the building code for the City." Section 4. The following definition in Section 15.16.030 of Title 15, Chapter 15.16 of the Rolling Hills Municipal Code is hereby amended to read as follows: "Chief Electrical Inspector" means the persons charged by resolution of the City Council with the responsibility of administering the electrical code for the City." Section 5. Section 16.08.020 of Title 16, Chapter 16.08 of the Rolling Hills Municipal Code is hereby amended to read as follows: 16.08.020 Citv Eneineer. For the purposes of this title, "city engineer' means the persons charged by resolution of the City Council with the responsibility of performing the functions of city engineer for the City. PASSED, APPROVED AND ADOPTED this 8' day of October 2007. k�,- �l D FRANK E. HILL -i MAYOR PRO T E M ATTEST: MARILYN K E R N DEPUTY CITY CLERK Ordinance No. 307 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 307 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE DESIGNATION OF THE BUILDING OFFICIAL AND CITY ENGINEER was approved and adopted at a regular meeting of the City Council on October 8, 2007 by the following roll call vote: AYES: Councilmembers Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. NOES: None. ABSENT: Councilmember Heinsheimer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN KERN DEPUTY CITY CLERK 1 1 Ordinance No. 307 -2- ORDINANCE NO. 308 - U AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA --BUILDING CODE, 2007 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2007 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION; AND TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2007 EDITION; AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Section 15.04.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.010 Adoption of Building Code. Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Building Code, 2007 Edition (Part 2 of Title 24 of the California Code of Regulations), including Subsections 102 through 114 of Chapter 1; Chapters 2 through 35; Appendices C, I and J and Appendix Chapter Al; is hereby adopted by reference, and shall be known and may be cited as the Building Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Building Code, 2007 Edition, Title 26 of the Los Angeles County Code, or any amendment to the Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2007 Edition, 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. Section 2. Section 15.08.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.08.010 Adoption of Plumbing Code. Except as hereinafter provided, Title 28, Plumbing Code of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Plumbing Code, 2007 Edition (Part 5 of Title 24 of the California Code of Regulations), including Subsections 102 through 114 and 120 through 132 of Chapter 1; Chapters 2 through 15; and Appendices A, B, D, G, I and K, is hereby adopted by reference and shall constitute and may be cited as the Plumbing Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Plumbing Code, 2007 Edition, Title 28 of the Los Angeles County Code, or any amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 2007 Edition, 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. Section 3. Section 15.12.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.12.010 Adoption of Mechanical Code. Except as hereinafter provided, Title 29, Mechanical Code of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Mechanical Code, 2001 Edition (Part 4 of Title 24 of the California Code of Regulations), including Subsections 102 through 114 and 120 through 132 of Chapter 1; Chapters 2 through 17; and Appendices A, Ordinance No. 308-U -1- B, C and D, is hereby adopted by reference and shall constitute and may be cited as the Mechanical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Mechanical Code, 2007 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 2007 Edition, 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. Section 4. Section 15.16.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.16.010 Adoption of Electrical Code. Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Electrical Code, 2007 Edition (Part 3 of Title 24 of the California Code of Regulations), including Sections 102 through 89.114 of Article 089; Article 90 and Chapters 1 through 9, is hereby adopted by reference and shall constitute and may be cited as the Electrical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Electrical Code, 2007 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2007 Edition, 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. Section 5. Section 15.20.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.20.010 Adovtion of Fire Code. Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on January 01, 2008, which constitutes an amended version of the California Fire Code, 2007 Edition (Part 9 of Title 24 of the California Code of Regulations), Chapters 1 through 47, Appendix Chapter 1, and Appendix B, and excluding all other appendices of the 2007 Edition of the California Fire Code, and adopting and incorporating herein by reference into Title 32 of the Los Angeles County Code, the 2006 Edition of the International Fire Code, Chapters 1 through 45 and Appendix A, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2007 Edition, International Fire Code 2006 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2007 Edition, and the International Fire Code 2006 Edition 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. Section 6. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code and Fire Code as adopted by this ordinance and Parts 2, 3, 4, 5 and 9 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7. Section 7. The City Council hereby finds that the changes and modifications to the California Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code that have been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area 2 is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the State Building Code in Title 26 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. The City Council hereby further finds that the modifications to the State Building, Electrical, Mechanical, Plumbing and Fire Codes in Titles 26, 27, 28, 29 and 32 of the Los Angeles County Code and Sections 13.04.020, 13.04.030, 13.04.050, 13.04.060, 13.04.150, 13.04.160, 13.04.170, 13.08.020, 13.08.030, 13.12.020, 13.12.030, 13.16.020 and 13.16.030 are administrative in nature and are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards. Accordingly, the City Council finds the modifications in this Ordinance to the State Fire Code, Building Code, Electrical Code, Mechanical Code, and Plumbing Code to be necessary for the protection of the public health, safety, and welfare. Section 8. 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. The provisions of the Building Code in effect prior to the effective date of this Ordinance shall continue to govern construction for projects for which plans were submitted for plan check prior to the effective date of this Ordinance, and for which the initial permit is issued not later than ninety (90) days after said effective date. Section 10. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof 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. 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 11. State law requires that localities adopt the California Building Standards Code and modifications thereto, by January 01, 2008. It is essential that the City have in effect on that date codes that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Building, Electrical, Mechanical, Plumbing and Fire 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 Codes contain vital provisions regarding administrative procedures, roofing materials, and other similar matters necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall months. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. Section 12. This ordinance shall be effective upon adoption and shall become operative as of January 01, 2008 PASSED, APPROVED AND ADOPTED this 14'' day of January, 2008. JAVES BLACK, MAYOR ATTEST Marilyn Kern Deputy City Clerk 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 308-U entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2007 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION; TITLE 28 OF THE LOS ANGELES ' COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2007 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION; AND TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2007 EDITION; AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on January 14, 2008 by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN KEkN DEPUTY CITY CLERK 4 �7 1 ORDINANCE NO. 309 AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING OUTDOOR LIGHTING STANDARDS AND AMENDING 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. Findings. The residents of the City of Rolling Hills treasure its pastoral environment. As: is set forth in the City's General Plan, the Council finds that the rural environment is characterized by natural light, and is degraded by artificial illumination at night. Nighttime darkness throughout the City contributes significantly to the uniquely tranquil rural environment, creates a more natural setting for wildlife that inhabit the area, enhances the quality of life and adds to property values. For the foregoing reasons, the City provides no roadway illumination and encourages residents to minimize the illumination of their properties to avoid light spillage onto neighboring properties, easements and roadways. The outdoor lighting standards adopted herein serve to advance the foregoing goals, advance the goal of conserving energy and further public health, safety and welfare. Section 2. Pursuant to authority and criteria contained in the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) ("CEQA") and the CEQA Guidelines (California Code of Regulations Section 15000 et seq.), planning staff has determined that this Ordinance is categorically exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and complies with the requirements of CEQA. Section 3. Section 17.16.190 E of Chapter 17.16 of Title 17 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: 17.16.190 E. Outdoor Lighting. 1. Except as provided in paragraphs 2, 3 and 4 below, outdoor lighting is prohibited. The outdoor lighting described in paragraph 2 shall be the exclusive types of artificial illumination permitted outdoors on residentially zoned properties, and shall illuminate strictly within the prescribed limitations so as to avoid light spillage and respect and advance the community goal of preserving natural darkness. 2. Allowable outdoor lighting is limited to the following: a. Lighting along pedestrian and vehicular pathways for the purpose of providing safe passage. Bulbs used in such lighting shall be nonreflective and shall not exceed a total wattage in each light fixture of 25 -watt incandescent light bulb or technological equivalent. Bulbs shall be shielded and obscured by the lighting fixtures to cast light downward. Lighting fixtures shall be spaced no closer than twenty feet apart and shall be no higher than eighteen inches from grade to the top of the fixture. b. Security lighting at entryways to structures, provided that in no event shall a security light be set to shine for longer than five minutes following activation. Security lighting shall be nonreflective and shall not exceed a total wattage in each light fixture of 150 -watt incandescent light bulb or technological equivalent. C. One ground mounted address sign light or one downward casting address sign mounted light, provided that the bulb used in such light shall not exceed 15 watt incandescent or technological equivalent. The light fixture, if ground mounted, shall be no higher than eighteen inches from grade to the top of the fixture. d. Entry post or pilaster lighting only at the foot of a driveway and at a courtyard entrance to the residence, provided that the bulbs are shielded and obscured by the lighting fixtures to cast light downward and the light does not spill onto the roadway or adjacent properties. Bulbs used in such lighting fixtures shall be nonreflective and shall not exceed a total wattage in each light fixture of 40 -watt incandescent light bulb or technological equivalent. Ordinance No. 309 -1- e. Lighting on porches and exterior walls of structures on the property, provided that the bulbs are shielded and obscured by the lighting fixtures to cast light downward and the light does not spill onto the roadway or adjacent properties. However, lighting fixtures at the primary entrance to a residence need not cast light downward and may be controlled by a timer. Further, lighting fixtures on the exterior wall of a structure immediately adjacent to a patio or terrace used as ambient light for cooking, dining or entertaining need not cast light downward, so long as they are operated manually (not controlled by a timer) and illuminated only when needed. Bulbs used in lighting allowed by this subparagraph, except for lighting fixtures at the primary entrance to a residence, shall be nonreflective and shall not exceed a total wattage in each light fixture of 40 -watt incandescent light bulb or technological equivalent. f. Temporary lighting for holidays and for special events. 3. Modification from lighting regulations. Property owners may apply for modifications to the lighting regulations set forth in paragraph 2 of this section by submittal of an application on a form provided by the City and upon payment of the application fee prescribed by the City's master fee resolution. Applications for modification shall be considered by the Planning Commission at a public hearing. Written notice of the hearing shall be provided to the owners of property immediately surrounding the property for which a modification is sought. The Commission may approve or conditionally approve a minor modification application only if it affirmatively finds that (a) special circumstances exist that make compliance with the outdoor lighting standards impractical or unsafe, or (b) the requested modification is warranted by exceptional architectural design. In either case, the proposed lighting plan may deviate from the standards in this section only to the extent reasonably necessary to accommodate the special circumstances. 4. Nonconforming light fixtures and light bulbs. a. Light fixtures existing on May 28, 2008 that direct light upwards to illuminate an architectural or landscape feature or any other structure (except as provided in paragraph 2(c) of this section) shall be deactivated, removed or otherwise brought into compliance with this section by January 1, 2009. All other light fixtures that were installed in compliance with the requirements of this Code prior to May 28, 2008, and not in compliance with the requirements of this section, may remain indefinitely in their existing location, but shall not be replaced unless in compliance with this section. b. Light bulbs used in lighting fixtures permitted to remain indefinitely as provided in paragraph (a) above shall be nonreflective and shall not exceed a total wattage in each light fixture as set forth in paragraphs 2 (a) — (e) of this section, or if a lighting fixture of a type not described in paragraphs 2 (a) — (e), shall be nonreflective and shall not exceed a total of 25 watts in each fixture. All light bulbs in outdoor fixtures shall be brought into compliance with the requirements of this section by January 1, 2009. 5. Outdoor lighting audits. Residents may request a compliance audit by the City of the outdoor lighting on their property. The City will conduct such an audit upon payment of a fee as prescribed in the City's master fee resolution. Section 4. The City Clerk is directed to insert the effective date of this Ordinance into the blanks in paragraph 4 of Section 3 hereinabove. PASSED, APPROVED AND ADOPTED this 28h day of April, 2008. Frank E. Hill Mayor Attest: J- V, , J 111� Marilyn L. Kern Deputy City Clerk Ordinance No. 309 -2- 1 1 1 F1 L STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 309 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING OUTDOOR LIGHTING STANDARDS AND AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on April 28, 2008 by the following roll call vote: AYES: Councilmembers Black and Pernell, Mayor Pro Tem Tom Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Marilyn L. Kern, Deputy City Clerk Ordinance No. 309 -3- ORDINANCE NO. 310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: SECTION 1: Section 5.08.020 "Definitions" of the Rolling Hills Municipal Code is amended by adding thereto the definition of "State Franchisee" in alphabetical order to read as follows: "State Franchisee" means any holder of a State -issued video franchise operating in the City, as defined in Public Utilities Code section 5830(p). SECTION 2: A new Article V entitled "State Video Franchisees" commencing with section 5.08.400 is hereby added to Title 13, Chapter 5.08 of the Rolling Hills Municipal Code to read as follows: "DIVISION 7. STATE VIDEO FRANCHISEES 5.08.400. PEG Fee Established. In accord with Public Utilities Code section 5870(n), any Grantee of a Franchise, or State Franchisee, must pay to the City a fee for the support of PEG channel facilities. (a) The amount of the PEG Fee established by this section is one percent (1%) of Gross Revenues, as defined in this Code, the applicable City -issued franchise, or Public Utilities Code section 5860(d). 5.08.410. Franchise Fee Established. For any State Franchisee, the amount of the franchise fee imposed by Public Utilities Code section 5840(q) shall be two and one-half percent (2.5%) of Gross Revenues, as defined in Public Utilities Code section 5860(d). (a) In accord with Public Utilities Code section 5860(a), the City Manager will prepare and provide to State Franchisees all necessary documentation supporting the percentage franchise fee paid by the incumbent cable operator serving the City. 5.08.420. Notices from State Franchisees. Any notice a State Franchisee is required to deliver to the City by 5840(m) must be delivered to the City Manager. 5.08.430. Nothing in this Chapter is intended to limit or restrict in any way the imposition of any existing or future generally applicable, nondiscriminatory, competitively neutral tax, fee, or charge to a State Franchisee, City franchisee or the services the franchisees provide. 5.08.440. Customer Service Provisions for State Franchisees (a) All State Franchisees must comply with all applicable State and Federal laws and regulations regarding customer service and customer protection. (b) The City Manager may review the performance of State Franchisees for compliance with the customer service requirements specified in Public Utilities Code section 5900 (the "Customer Service Standards"). (c) If the City believes a material breach of the Customer Service Standards has occurred, the City Manager must give the State Franchisee written notice of any alleged material breach(es). The State Franchisee must remedy the specified material breach(es) no later than thirty (30) days from receipt of the notice. (d) If the State Franchisee fails to remedy the specified material breach(es) within 30 days, the City Manager may impose monetary penalties on the following schedule: a. Up to five hundred dollars ($500) for each day of each material breach, not to exceed one thousand five hundred dollars ($1,500) for each occurrence of a material breach. b. For a second material breach of the same nature within 12 months, up to one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach. c. For a third or further material breach of the same nature within 12 months, up to one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach. Ordinance No. 310 -1- (e) Any monetary penalty imposed under this section may be appealed by the State Franchisee to the City Council. Appeals must be received in writing by the City Clerk within sixty (60) days of imposition of the penalty. The State Franchisee may present any relevant written or oral evidence of its choice. The City Council may uphold or reverse, in whole or in part, the imposition of the monetary penalties. 5.08.450. The City Manager shall ensure PEG transmissions, content, and programming provided by the City to a State Franchisee is in a format compatible with the State Franchisee's system. In the alternative, the transmissions, content, and programming may be provided in a industry standard format, in accord with Public Utilities Code section 5870(g)(1). 5.08.460. For the duration of any City -issued franchise, if that Franchisee has existing unsatisfied obligations under the franchise to pay to the City any cash payments for the ongoing costs of public, educational, and government access channel facilities or institutional networks, the fee payable by each City and State Franchisee shall be the Franchisee's pro rata per subscriber share of the cash payment required to be paid by the City franchisee to the City for the costs of PEG channel facilities. (a) Within 45 days of receipt of the notice required by Public Utilities Code section 5840(n), each City and State Franchisee must provide to the City Manager a written statement of the number of its subscribers within the Franchisee's service area in the City. (b) Within 45 days of receipt all Franchisee subscriber number statements, the City Manager must calculate the division of the cash payments among all City and State Franchisees, and provide written notice to each Franchisee of the Franchisee's share of the cash payment. This amount may expressed as a percentage of gross revenue or as an amount per subscriber, per month, or otherwise. 5.08.470. Interconnection. To properly serve the City's interest in PEG programming, each State Franchisee and City Franchisee must comply with the PEG system interconnection requirements of Public Utility Code section 5870. The City Manager, or his or her designee, may make any interconnection determinations of the City under Public Utility Code section 5870, including requiring interconnection where the City Franchisee and State Franchisee fail to reach a mutually acceptable interconnection agreement." SECTION 3: Repeal or amendment of any provision of the Rolling Hills Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. PASSED AND ADOPTED this 24th day of March, 2008. -is � Frank E. Hill Mayor ATTEST: �J Marilyn Kern Deputy City Clerk Ordinance No. 310 -2- 1 1 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 310 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on March 24, 2008 by the following roll call vote: AYES: Councilmembers Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 310 MARILYN KEAN DEPUTY CITY CLERK -3- ORDINANCE NO. 311 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2007 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2007 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION; AND TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2007 EDITION; MAKING AMENDMENTS TO SAID CODES; AMENDING THE LOS ANGELES COUNTY CODES TO REFLECT LOCAL CONDITIONS, INCLUDING THE DESIGNATION OF THE CITY AS BEING LOCATED IN A VERY HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ) AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Section 15.04.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.010 Adoption of Buildine Code. Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Building Code, 2007 Edition (Part 2 of Title 24 of the California Code of Regulations), including Subsections 102 through 114 of Chapter 1; Chapters 2 through 35; Appendices C, I and J and Appendix Chapter Al; is hereby adopted by reference, and shall be known and may be cited as the Building Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Building Code, 2007 Edition, Title 26 of the Los Angeles County Code, or any amendment to the Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2007 Edition, 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. Section 2. Section 15.04.040 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended by amending the definition of the term "Fire zone" to read as follows: "Fire Zone" means 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 mean Very High Fire Hazard Severity Zone (VHFHSZ). Section 3. Section 15.04.060 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby deleted Section 4. Section 15.04.070 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.070 Section 502.1 Amended Section 502.1 of the Building Code is amended by amending the definition of basement to read: BASEMENT is any floor level below the first story of the primary residence, 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 in Section 15.04.080. Except for walls within light wells, basement walls across any elevation may not exceed a height of five (5) feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one-half (2 1/2) feet exterior height. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story. -1- Section 5. Section 15.04.080 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.080 Section 202 amended. Section 202 regarding the definition of a story of the Building Code is amended to read: 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 it. There shall be no habitable space, including garages, lofts and mezzanines, on top of another, except over basements pursuant to Municipal Code Section 17.16.080. Section 6. Section 15.05.090 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 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. Section 7. Section 15.04.100 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows 15.04.100 Section 1505.1 amended. Notwithstanding the provisions of Section Table 1505.1, Section 1505.1 of the Building Code is amended by adding: Roof covering for all buildings and structures as defined in Municipal Code Section 17.12.190 regardless of Building Type shall be Class A, 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. Section 8. Section 15.04.110 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read to as follows: 15.04.110 Section 3403.1 amended. Section 3403.1 of the Building Code is amended by adding the following to read: Not more than 200 square feet of the roof covering of any building or structure shall be replaced or repaired in any 12 month period, measured from issuance of a final inspection, unless the roof covering is made to conform to the requirements of this Code for new buildings or structures. Section 9. Section 15.04.120 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby amended to read as follows 15.04.120 Appendix I Grading Section 1103 Permit Exemotions Section J103.2 Excavation Exemption 8 and 8(a) is amended to read: 8 An excavation that complies with one of the following conditions: Exemption 8 (a) is 3 feet or less (0.9m) in depth and does not cover more than 2,000 square feet of existing ground surface. A drainage plan identifying the existing drainage and any revised drainage for the proposed grading shall be approved by the City for any grading work performed under this exemption prior to start of grading. Section J103.2 Excavation Exemption 8, delete subparagraph (b) Section J103.2 Fill Exemption 9 (a) is amended to read as follows: Ordinance No. 311 2 11 1 1 Exemption 9 (a) is 3 feet (0.9m) or less in depth at its deepest point measured vertically upwards from natural grade to the surface of the fill and creates not steeper than 2 units horizontal to 1 unit vertical (50 percent) slope and does not cover more than 2,000 square feet of existing ground surface. A drainage plan identifying the existing drainage and any revised drainage for the proposed grading shall be approved by the City for any grading work performed under this exemption prior to start of grading. Section J103.2 Fill Exemption 9, delete subparagraphs (b) and (c) Section 10. Section 15.04.130 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.130 Section 1106.1 amended. Section J106.1 is amended to read: Cuts shall not be steeper in slope than two horizontal to one vertical, or exceed a vertical height of thirty (30') 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 and the applicant furnishes, a soils engineering or an engineering geology report or both justifying a steeper slope. The reports must contain a statement by the soils engineer or engineering geologist that the site was investigated and an opinion that a steeper slope will be stable and will not create a hazard to public or private property, in conformance with the requirements of Section 111. The Building Official may require the slope of the cut surfaces to be flatter in slope than 2 units horizontal to 1 unit vertical if the Building Official finds it necessary for the stability and safety of the slope. Section 11. Section 15.04.140 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.140 Section 1106.3 added. Section J106 is amended to add subsection J106.3 to read: Section J106.3 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 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 (77o) percent. All new and relocated driveways require approval of the City of Rolling Hills Traffic Commission prior to construction. Section 12. Section15.04.150 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.150 Section 1106.4 added. Section J106 is amended to add subsection J106.4 to read: J106.4 BALANCED CUT AND FILL RATIO Adherence to balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan, except that export of soil generated from construction of basements and other excavation activities, promotes the preservation of natural terrain of the property. A project, which does not include excavation, may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance pursuant to Municipal Code Section 17.38.050. 1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved. 2. No export of soil shall be permitted from any lot in the City, except where the dirt is generated from an excavation activity, as defined in Municipal Code Section 17.12.050 and such export is directed or allowed by the Planning Commission or where a variance pursuant to Chapter 17.38 ' has been approved. Export of soil must comply with City refuse diversion requirements. Ordinance No. 311 3 3. 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, except where the soil is generated from an excavation activity or where a variance pursuant to Chapter 17.38 has been approved. 4. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this paragraph 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, as approved, 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. 5. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of an area of the lot adjacent to structures, fences, corrals and riding rings that has eroded, and of hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) The project does not require a discretionary review or a grading permit (a cut that is three feet or less, or a fill that is three feet or less or where the activity covers 2,000 square feet or less of surface area); and (b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger. Section 13. Section 15.04.160 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.160 Section 1107.6 added. Section J107 is amended by adding subsection J107.6 FILL SLOPES to read: Section J107.6 Fill slopes shall not exceed a steepness of two horizontal to one vertical, or exceed a vertical height of thirty (30') 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. Fill slopes steeper than 2 units horizontal to 1 unit vertical (50 %) shall be justified by soils engineering reports. conforming with the requirements of Section 111, containing a statement by the soils engineer that the site has been investigated and an opinion that a steeper fill slope will be stable and will not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the Building Official determines that such information is necessary to verify the stability and safety of the proposed slope. The Building Official may require the fill slope to be constructed with a face flatter in slope than 2 units horizontal to 1 unit vertical (50 % slope) if the Building Official finds it necessary for stability and safety of the slope. Section 14. Section 15.04.170 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.170 Section T107.10 added. Section J107 is amended by adding subsection J107.10 to read: J107.10 BALANCED CUT AND FILL RATIO Adherence to balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan, except that export of soil generated from construction of basements and other excavation activities, promotes the preservation of natural terrain of the property. A project, which does not include Ordinance No. 311 4 excavation, may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance pursuant to Municipal Code Section 17.38.050. 1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved. 2. No export of soil shall be permitted from any lot in the City, except where the soil is generated from an excavation activity, as defined in Municipal Code Section 17.12.050 and such export is directed or allowed by the Planning Commission or where a variance pursuant to Chapter 17.38 has been approved. Export of soil must comply with City refuse diversion requirements. 3. 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, except where the soil is generated from an excavation activity or where a variance pursuant to Chapter 17.38 has been approved. 4. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export (other than from excavation activities), 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, as approved, 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. 5. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this paragraph to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of an area of the lot adjacent to structures, fences, corrals and riding rings that has eroded, and hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present: (a) The project does not require a discretionary review and a grading permit (a cut that is three feet or less or a fill that is three feet or less or where the activity covers 2,000 square feet or less of surface area); and (b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger. Section 15. Section 15.04.180 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 5.04.180 Section 1103.6. amended. Section J103.6 is amended to read: J103.6 Compliance with Zoning Code. The building official shall not issue a grading permit for work on a site unless the proposed land use for the site shown on the grading plan application complies with the provisions of Title 17, entitled "Zoning" of the City of Rolling Hills Municipal Code. Section 16. Section 15.08.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby amended to read as follows: 15.08.010 Adoption of Plumbing Code. Except as hereinafter provided, Title 28, Plumbing Code of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Plumbing Code, Ordinance No. 311 5 2007 Edition (Part 5 of Title 24 of the California Code of Regulations), including Subsections 102 through 114 and 120 through 132 of Chapter 1; Chapters 2 through 15; and Appendices A, B, D, G, I and K, is hereby adopted by reference and shall constitute and may be cited as the Plumbing Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Plumbing Code, 2007 Edition, Title 28 of the Los Angeles County Code, or any amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 2007 Edition, 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. Section 17. Section 15.08.040 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby deleted. Section 18. Section 15.12.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby amended to read as follows 15.12.010 Adoption of Mechanical Code. Except as hereinafter provided, Title 29, Mechanical Code of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Mechanical Code, 2001 Edition (Part 4 of Title 24 of the California Code of Regulations), including Subsections 102 through 114 and 120 through 132 of Chapter 1; Chapters 2 through 17; and Appendices A, B, C and D, is hereby adopted by reference and shall constitute and may be cited as the Mechanical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Mechanical Code, 2007 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 2007 Edition, 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. Section 19. Section 15.12.040 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby amended to read as follows: 15.12.040 Section 120 amended Section 120. Solid fuel fire pits are prohibited Section 20. Section 15.16.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby amended to read as follows: 15.16.010 Adoption of Electrical Code. Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 01, 2008, adopting the California Electrical Code, 2007 Edition (Part 3 of Title 24 of the California Code of Regulations), including Sections 102 through 89.114 of Article 089; Article 90 and Chapters 1 through 9, is hereby adopted by reference and shall constitute and may be cited as the Electrical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Electrical Code, 2007 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2007 Edition, 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. Section 21. Section 15.20.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: Ordinance No. 311 6 15.20.10 Adoption of Fire Code. Except as hereinafter provided, Tile 32, Fire Code, of Los Angeles County, as amended and in effect on January 01, 2008, which constitutes an amended version of the California Fire Code, 2007 Edition (Part 9 of Title 24 of the California Code of Regulations), Chapters 1 through 50, Appendix Chapter 1 and Appendix B, and excluding all appendices of the 2007 Edition of the California Fire Code, and adopting and incorporating by reference into Title 32 of the Los Angeles code, 2006 Edition of the International Fire Code, Chapters 1 through 45 and Appendix A, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2007 Edition, International Fire Code 2006 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code and the California Fire Code, 2007 Edition and the International Fire Code 2006 Edition 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. Section 22. Section 15.20 025 is hereby added -to -Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code to read as follows: 15.20.025 Very High Fire Hazard Severity Zone (VHFHSZ), The entire City of Rolling Hills is hereby designated as a Very High Fire Hazard Severity Zone, as prescribed by the Director of California Department of Forestry and Fire Protection and as designated on a Map titled City of Rolling Hills VHFHSZ dated July 1, 2008 and which shall be retained on file in the City Clerk's office at the Rolling Hills City Hall. Section 23. Section 15.20.040 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby deleted_ Section 24. Paragraph A of Section 15.20.050 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby amended to read as follows_ 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 declared to be an infraction by Section 4901.1 of the Fire Code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued or permitted, and conviction of any such violation shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. Section 25. Section 15.20.070 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby deleted. Section 26. Chapter 15.24 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby deleted_ Section 27. Chapter 15.28 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is hereby deleted_ Section 28. The City Council hereby finds that the changes and modifications to the California Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code that have been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the State Building Code in Title 26 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. Ordinance No. 311 7 Further, the City Council hereby finds that based on findings supported by substantial evidence in the record that the requirements of Government Code Section 51182 are necessary for effective fire protection within the City or Rolling Hills and as prescribed by the Director of California Department of Forestry and Fire Protection, the entire territorial boundaries of the City of Rolling Hills are designated as Very High Fire Hazard Severity Zone (VHFHSZ). The City Council hereby further finds that the administrative modifications to the State Building, Electrical, Mechanical, Plumbing and Fire Codes in Titles 26, 27, 28, 29 and 32 of the Los Angeles County Code are administrative in nature and are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards. Accordingly, the City Council finds the modifications in this Ordinance to the State, Building Code, Electrical Code, Mechanical Code, Plumbing Code and Fire Code to be necessary for the protection of the public health, safety, and welfare. Section 29. 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 30. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof 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. 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. PASSED, APPROVED AND ADOPTED this 23' day of June 2008. 4FNCKH IAL L' MAYOR ATTEST Marilyn Ker Deputy City Clerk Ordinance No. 311 8 1 1 1 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 311: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2007 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2007 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION; AND TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2007 EDITION; MAKING AMENDMENTS TO SAID CODES; AMENDING THE LOS ANGELES COUNTY CODES TO REFLECT LOCAL CONDITIONS, INCLUDING THE DESIGNATION OF THE CITY AS BEING LOCATED IN A VERY HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ) AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on June 23, 2008 by the following roll call vote: AYES: Councilmembers Black, Lay, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 311 K� MARILYN KE DEPUTY CITY CLERK z ORDINANCE NO. 312 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE TITLE 17 (ZONING) REGARDING CONSTRUCTION AND DEVELOPMENT STANDARDS FOR BASEMENTS, EXPORT OF DIRT AND OUT OF GRADE CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Section 17.12.020 B (Definitions) of Title 17, Chapter 17.12 of the Rolling Hills Municipal Code is amended to read as follows: BASEMENT means any floor level below the first story of the primary residence, 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. Except for walls within light wells, basement walls across any elevation may not exceed a height of five (5) feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one-half (2 1/2) feet exterior height. Basements shall comply with the Los Angeles County Building Code requirements. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story. Section 2. Section 17.16.080 of Title 17, Chapter 17.16 of the Rolling Hills Municipal Code is amended to read as follows: A. General Limitation. A building or structure shall have no more than one story, meaning no interior habitable space shall exist over any other habitable space, except over basements. For the purpose of this section "interior habitable space" shall mean as is defined in Section 17.12.080 of this code. The maximum height permitted from finished floor of any structure to finished grade is five (5) feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and a half (21/2) feet, with maximum difference of five (5) feet. B. Exceptions. 1. A one-story primary residence shall be permitted over a basement. For the purpose of this Section primary residence includes a garage attached to the main residence by a solid wall. Section 3. Section 17.16.160 B of Title 17, Chapter 17.16 of the Rolling Hills Municipal Code is amended to read as follows: B. Parking Requirements. Every single-family dwelling, including manufactured homes used as a primary residence, shall have an above ground garage with a minimum capacity of two cars with direct paved access to a maintained roadway. A minimum of three -car garage shall be required when the property is developed with a guest house or servants' quarters, subject to the requirements of Section 17.16.210(A)(5) of this chapter. The maximum height permitted from finished floor of the garage to finished grade is five (5) feet. The difference between the finished grade and the finished floor level across any elevation of the garage shall average no more than two and a half (21/2) feet, with maximum difference of five (5) feet. No new subterranean garage shall be constructed after August 13, 1997. Any subterranean garage lawfully existing as of August 13, 1997, shall be permitted to remain in accordance with the provisions of Chapter 17.24 of this code. Section 4. A new paragraph H is added to Section 17.16.190 of Title 17, Chapter 17.16 of the Rolling Hills Municipal Code to read as follows: H. Perimeter access. There shall be a minimum of a four (4) foot walkway along the perimeter of all structures, including around basement walls and light wells. Such walkway need not be paved. Ordinance No. 312 -1- Section 5. Section 17.16.230 A and B of Title 17, Chapter 17.16 of the Rolling Hills Municipal Code is amended to read as follows: 17.16.230 Import and export of soil. Per the requirements of the City's Building and Construction Ordinance (Title 15 of the Municipal Code): A. No export or import of cut material or fill material shall be permitted in connection with any grading performed in the City, unless otherwise permitted by the provisions of Title 15 of this Code. B. No export or import of soil that does not require a grading permit and discretionary review shall be permitted for remedial repair of areas of the lot that have eroded, of hillsides or trails in the City, unless otherwise permitted by the provisions of Title 15 of this Code. PASSED, APPROVED AND ADOPTED this 23'd day of June, 2008. ATTEST: L o"J City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 312 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE TITLE 17 (ZONING) REGARDING CONSTRUCTION AND DEVELOPMENT STANDARDS FOR BASEMENTS, EXPORT OF DIRT AND OUT OF GRADE CONSTRUCTION was approved and adopted at a regular meeting of the City Council on June 23, 2008 by the following roll call vote: AYES: Councilmembers Black, Lay, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Pernell. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices ryz-,,,&� )< .off Marilyn L. Kern, Deputy City Clerk Ordinance No. 312 -2- ORDINANCE NO. 313 AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING PENALTIES FOR VIOLATION OF THE MUNICIPAL CODE TO BE CONSISTENT WITH THE PROVISIONS OF THE CALIFORNIA GOVERNMENT CODE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does hereby ordain as follows: Section 1. Section 1.08.010 of Title 1, Chapter 1.08 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: 1.08.020 Violation - Penalty. A. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment. B. Except as provided in paragraph C below, any person convicted of an infraction under the provisions of this code shall be punishable by: 1. A fine of one hundred dollars ($100.00) for the first violation; 2. A fine of two hundred dollars ($200.00) for the second violation of the same provision of this code within twelve months of the first violation; 3. A fine of five hundred dollars ($500.00) for the third and each additional violation of the same provision of this code within twelve months of the first violation. C. Any person convicted of an infraction under the provisions of Title 15 of this code shall be punishable by: 1. A fine of one hundred dollars ($100.00) for the first violation; 2. A fine of five hundred dollars ($500.00) for the second violation of the same provision of this code within twelve months of the first violation; 3. A fine of one thousand dollars ($1,000.00) for the third and each additional violation of the same provision of this code within twelve months of the first violation. D. 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 code is committed, continued or permitted by such person and shall be punishable accordingly. Section 2. Section 15.32.190 of Title 15, Chapter 15.32 of the Rolling Hills Municipal Code is amended to read as follows: 15.32.190 Violation - Penalty. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine or not more than one thousand dollars ($1,000) or by imprisonment in County jail for a period not exceeding six months, or by both such fine 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 chapter is committed, continued or permitted by such person and shall be punishable accordingly. PASSED, APPROVED AND ADOPTED this 23' day of June, 2008. c F HILL, 11YOR ATTEST: MARILYN KE, DEPUTY CITY CLERK Ordinance No. 313 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 313 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS MODIFYING PENALTIES FOR VIOLATION OF THE MUNICIPAL CODE TO BE CONSISTENT WITH THE PROVISIONS OF THE CALIFORNIA GOVERNMENT CODE AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on June 23, 2008 by the following roll call vote: AYES: Councilmembers Black, Lay, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: Councilmember Pernell. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices Mari ryn L. Kern, eputy City Clerk 1 1 Ordinance No. 313 -2- ORDINANCE NO. 314 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES The City Council of the City of Rolling Hills does ordain as follows: Section 1. Title 8, Chapter 8.08 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: Chanter 8.08 SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION* Sections: 8.08.010 Purpose. I DEFINITIONS Sections: 8.08.020 Definitions. 11 FRANCHISES Sections: 8.08.030 Franchise requirement. 8.08.040 Franchise. 8.08.050 Franchise terms. 8.08.060 Transfer of franchise. 8.08.070 Franchise fee. 8.08.080 Interim suspension. 8.08.090 Appeals. 8.08.100 Council action. 8.08.110 Revocation or modification of franchise.. 8.08.120 Notice of hearing on Franchise. 8.08.130 City council decision. 8.08.140 Cessation of operations. III GENERAL REOUIREMENTS Sections: 8.08.150 Collector's liability insurance. 8.08.160 Worker's compensation insurance. 8.08.170 Indemnification. 8.08.180 Bonds. 8.08.190 Responsibility for damages. 8.08.200 Office for inquiries and complaints. 8*08*211 Permits and licenses. 8.08.220 Fees and charges. 8.08.230 Collection rates. 8.08.240 Collection of charges. 8.08.250 Required monthly reports. 8.08.260 City inspection authority. IV VEHICLES Sections: 8.08.270 Vehicle identification. Ordinance No. 314 -1- 8.08.280 Amount and type of equipment. 8.08.290 Operation of equipment. 8.08.300 Compliance with vehicle standards. V COLLECTION/MANDATORY SERVICE. Sections: 8.08.310 Mandatory service. 8.08.320 Frequency of collection. 8.08.330 Hours of collection. 8.08.340 Litter. 8.08.350 Employees of collector. 8.08.360 Trespass. 8.08.370 Noise. 8.08.380 Ownership. 8.08.390 Disposal. 8.08.400 Resource recovery. 8.08.410 Collection of recyclable materials. 8.08.420 Collection of green waste. 8.08.430 Backyard residential compositing 8.08.440 Prohibited waste. VI CONTAINERS Sections: 8.08.450 Care of containers. 8.08.460 Unauthorized removal from containers. 8.08.470 Tampering with containers. 8.08.480 Covering containers for solid waste. 8.08.490 Unauthorized setting out of containers. 8,08.500 Containers at residential premises. 8.08.510 Accumulation of solid waste prohibited. 8.08.520 Placement of containers at residential premises. 8.08.530 Container storage areas. VII EXCLUSIONS Sections: 8.08.540 Residential waste and recyclable exclusion. 8.08.550 Dwellings under construction. 8.08.560 Gardner's exclusion. 8.08.570 Commercial recycler exclusion for source -separated recyclables 8.08.580 Construction or demolition waste. 8.08.010 Pumose. This Chapter is adopted in accordance with Article XI, §7 of the California Constitution and Public Resources Code § 40059 et seq., in order to protect the public health, safety, and well-being, control the spread of vectors, and to limit sources of air pollution, noise and traffic from waste hauler vehicles within the City. I DEFINITIONS 8.08.020 Definitions. The following words and phrases, for the purposes of this Chapter, are defined as follows: 66" 939" or "Act" means the California Integrated Waste Management Act of 1989, Public Resources Code Sections 40000, et seq., as they now exist or may subsequently be amended. Ordinance No. 314 -2- Building Official. "Building Official" has the same meaning as the word is used in Section 15.04.040 of this Code. "Bulky items" means and includes, without limitation, large and small household appliances, furniture, carpets, mattresses, tires and oversized yard waste such as tree trunks and large branches not larger than two feet (2') in diameter and four feet (4') in length. "City" means the City of Rolling Hills. "Collection" means the operation of gathering together and/or transporting by means of a motor vehicle any classification of solid waste or recyclables within the City. "Collector" means any person who has been issued a franchise to provide solid waste and/or recyclable materials collection services in the City. "Construction/Demolition Hauler" means any person or entity that collects construction or demolition waste for disposal at a facility that accepts construction and demolition waste for reuse or recycling pursuant to a limited permit issued under Section 8.08.580.C. "Construction/Demolition Waste" means any debris resulting from the construction, modification or demolition of any structure, roadway or property, including without limitation, any material generally considered to be not water soluble and non -hazardous in nature, such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in conjunction with a covered project. Construction, Remodeling or Demolition Project. "Construction, Remodeling or Demolition Project" means any alteration to a building, structure or landscaping that requires a building or demolition permit in accordance with the Municipal Code. "Container" means any bin, solid waste container, vessel, can or other receptacle used for the temporary accumulation, collection and removal of solid waste, recyclables, construction/demolition waste and green waste. "Covered Project" means any construction, remodeling or demolition project that is not exempt pursuant to Section 8.08.580.B. "Customer" means persons, including both owners and occupiers of residential property in the City who obtain collection services from a Collector pursuant to this Chapter. "Designated collection location" means the place where the customer shall place, and from where a Collector is to collect, solid waste and recyclables in containers designated for that purpose. "Disposal" means the complete operation of treating and/or disposing of solid waste after the collection thereof. "Divert, Diverted and Diversion" shall have the same meaning as the words are defined in Public Resources Code § 40124, as amended. "Electronic hazardous waste" means electronic products that contain hazardous substances as identified by the California Department of Toxic Substances Control, such as lead or mercury and include without limitation cathode ray tube (CRT) devices (including televisions and computer monitors); LCD desktop monitors; laptop computers with LCD displays; LCD televisions; plasma televisions, and portable DVD players with LCD screens. Electronic hazardous waste shall not be considered solid waste for purposes of this Chapter. Electronic waste means any electronic product with a circuit board or battery, including without limitation personal computers, monitors, televisions, keyboards, printers, telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment. Electronic waste shall not be considered solid waste for purposes of this Chapter. Ordinance No. 314 -3- "Franchise agreement" or "Agreement" means the Solid Waste Collection Agreement entered into between a solid waste enterprise and the City, approved by the City Council that sets forth all of the rights and obligations of the franchise, consistent with this Chapter and state law. "Hazardous waste" means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public Resources Code Section 40141, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -Presley -Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and Safety Code Sections 25300 et seq.; and all future amendments to any of them, or as defined by the Environmental Protection Agency, the California legislature, the California Integrated Waste Management Board, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Substance" or "Hazardous Waste" shall be construed to have the broader, more encompassing definition. "Holiday" means: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day "Holiday" also means 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 or in a franchise agreement between the City and a Collector. "Manager" or "City Manager" means the City Manager or his/her designee of the City. "Manure" means the waste droppings or matter from any animal normally accumulated and associated with stables or livestock and not disposed of through sewers or on-site wastewater systems. "Notice" means notice sent by first-class certified mail, or facsimile or email delivery if agreed to by the parties under the franchise agreement. "Officer" means the president, vice-president, treasurer or other duly designated representative of a Collector. "Parcel of real property" means a parcel of real property as shown on the local secured tax rolls of the County of Los Angeles. "Person" includes, 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. "Permittee" means any person that had applied for and received a building or demolition permit to undertake a construction, remodeling or demolition project covered by this ordinance within the City. "Public agency" means any governmental agency or department thereof, whether federal, state, or local. Ordinance No. 314 -4- "Recyclable materials" means reusable waste materials, including but not limited to metal, glass, plastic and paper, cardboard, and green waste, that are to be collected, separated or processed and used as raw materials. "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. "Residential premises" means any residential property in the City. "Service yard" means a yard surrounding portion of a residential dwelling required under the Rolling Hills Zoning Ordinance and/or the Rolling Hills Community Association Rules, and enclosed by a fence or wall. "Solid waste" means garbage, green waste, manure, vegetable or animal solid or semisolid wastes, recyclables, or rubbish of every kind and character, that is generated or accumulates in residential and public facilities. Solid waste must be generated by and at the physical location wherein the solid waste is collected and does not include electronic waste, electronic hazardous waste or hazardous waste. Solid waste includes: A. Garbage. All putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials. B. Green Waste. Any vegetative matter resulting from regular and routine yard and landscaping maintenance or seasonal variations. Green waste includes plant debris, such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of organic waste not more than five feet in its longest dimension or with a diameter not more than six inches or weights not more than fifty pounds. C. Rubbish means without limitation, accumulation of unwanted material to be disposed of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -ups and all other accumulations of a nature other than garbage, green waste or recyclable materials. "Solid waste enterprise" means any person, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing solid waste handling services. This definition does not include persons providing tree trimming or brush clearance services. "Tonnage form" means 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. "Tonnage report" includes a tonnage form or a copy of such form prepared by a Collector or an officer or agent of a Collector. Tonnage reports shall also include necessary information to verify the report or supplied information. "Transportation" means the process of moving solid waste through the City. "Waste disposal facility" or "facility" means 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. Ordinance No. 314 -5- "Weight tickets/invoices" means receipts provided by a waste disposal or recycling facility reflecting the net amount of solid waste disposed of by a Collector at a collection location. 11 FRANCHISES 8.08.030 Franchise reauirement. The City Council may authorize, by franchise, a solid waste enterprise to provide solid waste collection and recycling services for residential users or customers in the City. In the sole discretion of the City Council, the solid waste handling services may be authorized on an exclusive or nonexclusive 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. Except as otherwise provided for in this Chapter, 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 or after having received a limited permit for collection of construction and demolition waste pursuant to Section 8.08-580. A 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. Except as specified in the Franchise Agreement, the City retains the rights and power that it has under applicable laws and nothing in the Franchise Agreement may be construed to waive any of the City's governmental rights or police powers. 8.08.040 Franchise. A. The nature, scope of services, party obligations and restrictions, term and duration of the franchise shall be set forth in a franchise agreement entered into between a Collector and City, and the agreement may also include any 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. B. Upon solicitation by the City, persons seeking to obtain an initial, renewal or franchise shall file an application, accompanied by an transferred solid waste collection f application fee set by resolution of the City Council, with the City Manager. Applications shall be in a form prescribed by the City Manager and applicable law. All applications accepted for filing are available for public inspection unless otherwise provided by applicable law. C. In order to be legally qualified for an initial or renewal solid waste franchise or a approval of a transfer of a solid waste franchise: 1. The applicant shall be willing and able to comply with the provisions of this Code, applicable law, and all requirements of the solid waste franchise. 2. The Applicant shall not have had any solid waste franchise validly revoked by any franchising authority within three (3) years preceding the submission of the application. 3. No individuals employed by the applicant who are or will be responsible for the management and oversight of the franchise operations for the City, during the ten (10) years before submitting the application, shall have been convicted of a crime impugning their truthfulness and/or ability to abide with their legal obligations. 1 4. The applicant will not have filed materially misleading information in its application or intentionally withheld information that the applicant lawfully is required to provide. 5. An applicant that otherwise would not be qualified to hold a solid waste franchise under this Chapter may include additional information demonstrating to the city that the particular circumstances surrounding its act Ordinance No. 314 -6- or omission; the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence; the lack of involvement of the applicant's principals; and/or the remoteness of the matter, from providing solid waste collection services would make it inappropriate for the City to deny it a solid waste franchise. 8.08.050 Franchise terms.. Any franchise awarded pursuant to this Chapter shall be for an initial term of not more than ten years, with the possibility of renewal for additional terms of not more than five years each, at the option of the City. 8.08.060 Transfer of franchise.. A franchise issued under this Chapter shall not be transferred, sold, 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. City Council approval of transfer shall not be unreasonably withheld. Effectuating a franchise transfer without City Council approval shall constitute grounds for revocation pursuant to Section 8.08.110. 8.08.070 Franchise Fee., A. The City may in its discretion and in connection with a franchise entered into pursuant to this Chapter collect from a Collector a franchise fee in an amount equal to a percentage of gross revenues as set forth in a solid waste franchise for the privilege of operating a solid waste collection service within the City. B. The franchise fee is not a payment in lieu of any tax, fee, or other assessment of general applicability. 8.08.080 Interim suspension., A. The Manager, without a hearing, may suspend a franchise for not more than forty-five (45) calendar days, if the Manager finds that continued operation by a Collector will constitute an immediate threat to the public health, safety or general welfare of the City. The interim suspension will go into effect immediately upon delivery of a notice to a Collector as specified in this Section. B. The Manager may enter into a temporary agreement for the collection of solid waste with a different solid waste enterprise during any period of time that a franchise has been suspended. 8.08.090 Appeals. A. A Collector may appeal the interim suspension imposed by the Manager issued pursuant to Section 8.08.080, provided a written appeal is submitted to Manager within five calendar days after notice of suspension has been sent to the Collector. Appeals to the City Council shall include a general statement specifying the basis for the appeal and the specific aspect of the Manager's ruling being appealed. B. The interim suspension shall remain in effect during the processing of the appeal to the Council. 8.08.100 Council action., The City Council shall hold a hearing on the appeal. Notice of such hearing shall be sent to a Collector not less than ten (10) calendar days prior to the hearing. The City Council may affirm the action of the Manager, refer the matter back to the Manager for further consideration, or overturn the decision of the City Manager. The Council may terminate the interim suspension or extend the period of the interim suspension and may initiate proceedings for revocation of the franchise. The Council shall base its action upon the standards delineated in Section 8.08.080. 8.08.110 Revocation or modification of franchise., After a hearing, the City Council may revoke, modify the rights, obligations and conditions of a franchise or impose a penalty on the Collector in an amount provided for in the franchise agreement on any franchise if a Collector has violated any provision of Ordinance No. 314 -7- this Chapter, the Franchise Agreement or any other applicable law, ordinance, or regulation related to the collection of waste services provided in the City. It is unlawful for any person or solid waste enterprise to operate under a franchise which has been revoked. 8.08.120 Notice of hearing on franchise. The City shall serve a notice of the City Council franchise revocation hearing on a Collector not less than fifteen calendar days prior to such hearing. 8.08.130 Citv Council decision. The City shall serve written notice to a Collector of the City Council's ruling and such notification shall be made within ten calendar days of the hearing. The notice of ruling shall include, without limitation, the effective date of any revocation, modification or penalty. The decision of the City Council shall be final. 8.08.140 Cessation of operations. A. Upon revocation of a franchise by the Council, a 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 calendar days after notice of revocation. B. The Manager may enter into a temporary agreement for the collection of solid waste with a different solid waste enterprise until such time as a new franchise with a different solid waste enterprise can be negotiated and approved by the City Council. III General Reauirements 8.08.150 Collector's liability insurance. A. A Collector must obtain comprehensive general and automobile liability insurance acceptable to the City Attorney insuring a Collector against death, bodily injury, property damage and automobile liability arising out of or in any way connected with the franchisee's activities. The insurance shall be in an amount set forth in the Franchise Agreement. Such 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 calendar days' prior written notice. Such insurance shall be primary and noncontributing with respect to any other insurance available to the City and will include a cross- liability clause requiring the insurer to protect each insured separately. A copy of the policy or certificate of insurance along with all necessary endorsements, in a form approved by the City Attorney, must be filed with the City Manager before a solid waste franchise becomes effective. B. In the event of suspension, cancellation, or termination of the insurance by the provider without obtaining substitute insurance meeting the requirements in subsection A above, the franchise shall be immediately suspended until new insurance is provided, and a Collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. 8.08.160 Worker's comnensation insurance. A 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. 8.08.170 Indemnification. A 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 collection, transportation, or disposal of solid waste or recyclables within the City of Rolling Hills by said Collector. The indemnification shall be included in the franchise agreement and include protections from Ordinance No. 314 . -8- liability under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sections 6901, et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601, et seq., the Carpenter -Presley - Tanner Hazardous Substance Account Act ("HSAA"), codified at California Health and Safety Code Sections 25300 et seq.; and all future amendments to any of them. 8.08.180 Bonds. A. The franchise agreement may require a Collector to file a surety bond prior to the effective date of the franchise in an amount determined by the Manager and in a form acceptable to the City Attorney, to guarantee the faithful compliance with this Chapter and the franchise agreement. The bond shall remain in force during the life of the franchise agreement and all renewals thereof. B. In the event of suspension, cancellation, or termination of the bond by the issuer, the franchise shall be immediately suspended until a new bond is provided, and a Collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. 8.08.190 Responsibility for Damages. Any person providing solid waste collection services or conducting a solid waste enterprise in the City shall be responsible for damages caused as a result of the person's acts or omissions including, without limitation, injuries or death or any person or damage to public or private property. The Collector shall be responsible, at the Collector's sole expense, for any physical damage caused by the negligent or willful acts or omissions of employees, grantees or subgrantees of the Collector to private or public property. 8.08.200 Office for inquiries and coma_ Taints. A Collector shall maintain an office at some fixed location and shall maintain a telephone at the office, listed in the current telephone directory and/or online at the Collector's website, in the firm name by which it conducts business in the City, and shall at all times during the hours between eight a.m. and five p.m. of each weekday and between eight a.m. and one 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. Collector shall submit a quarterly report of all complaints received to City Manager, in a form set forth in the Franchise Agreement. 8.08.210 Permits and licenses. A Collector shall obtain all applicable permits and licenses required by any Federal, State or local agency. 8.08.220 Fees and Charizes A. Except as otherwise provided by federal, state or local laws, this Chapter or other City Council authorized restrictions, all fees and charges applicable to this Chapter shall be established by City Council resolution. B. Pursuant to Public Resources Code § § 41900 et seq., the City may levy fees upon Collectors and customers for planning and program development and administration regarding solid and household hazardous waste, recyclable solid wastes and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of Hazardous Wastes. Such fees may include charges for the use of disposal facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The City may collect such charges by such means as determined by City Council resolution or ordinance. 8.08.230 Collection Rates. A. Maximum rates to be charged by a Collector for the collection of solid waste and recyclable materials shall be established or increased by resolution of the City Council only after the Manager has mailed the property owners notice of the proposed Ordinance No. 314 -9- rate at least forty-five calendar days before a public hearing on the matter and the City Council has held a public hearing for the purpose of receiving and considering all objections, written and oral, to the proposed rate or rate increase. The Council may continue the hearing from time to time without further written notice. Any property owner may file with the Manager, at any time before the end of the public hearing, a written protest against the proposed rate. The Council shall not approve the new or increased rate if a majority protest exists. A majority protest exists if, at the end of the public hearing, there are valid written protests submitted by owners of a majority of the properties subject to the proposed fee increase. No more than one written protest per parcel shall be counted. B. A rate or rate increase may include an annual Consumer Price Index, or other generally accepted form of consolidated index, increase to be implemented without a new public hearing provided that the maximum percentage of index increase is set forth in the notice sent to the property owners and any increase does not exceed that percentage specified therein. C. Every residential owner shall pay the rates for collection services rendered pursuant to this Chapter in the manner set forth in Section 8.08.240 8.08.240 Collection of chames., 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 procedures established by the Los Angeles County Tax Collector. In such event, no charge shall be made directly to a customer by a franchised Collector unless expressly authorized by the City Council or in this Code. Charges for manure collection service provided by the Collector shall be billed directly to a customer by the franchised Collector. 8.08.250 Reauired monthlv reports. A. A Collector shall provide the City separate monthly and annual tonnage and information reports in a form and at dates set forth in the franchise agreement. 8.08.260 Citv Inspection Authoritv. Any Collector providing collection services or conducting a solid waste enterprise in the City shall keep and maintain books of account, income statements, tonnage reports, customer lists, billing records, maps, AB 939 compliance records, and customer complaints and other like materials and documents of the Collector which relate to the Collector's compliance with the provisions of this chapter or relate in any way to business transactions conducted by the person in the City for a period of three years after said service was provided or any longer period required by law. Any Collector shall make these records and documents available to the City upon request by the City Manager upon five business days advance notice. Such records shall be made available to the City at the Collector's regular place of business, within the Los Angeles County Limits. IV VEHICLES 8.08.270 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 Collector or a construction/demolition hauler, as those terms are defined in Section 8.08.020. 8.08.280 Amount and tvne of equipment. No person shall be awarded a franchise for the collection, and for transportation of solid waste or recyclables, or a permit for construction/demolition waste, unless the solid waste enterprise successfully demonstrates it 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 given pursuant to this Chapter. A Collector shall utilize mini -trucks, three -wheel scooters or other appropriate small collection vehicles to make collections and so as to operate efficiently on narrow roads and driveways. Ordinance No. 314 -10- 8.08.290 Operation of ect_uinment. A Collector shall operate all equipment in compliance with all Federal, State and local laws. Collection vehicles shall not be operated in a manner which results in undue interference with normal traffic flows or violation of any traffic laws. The small collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on any street in the City. Large collection vehicles shall not be parked in an unobtrusive manner and be maintained in a clean, sanitary condition. 8.08.300 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 the Franchise Agreement, this Code, or any other applicable state law. The use of a vehicle which fails to comply with each of the standards 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 the Agreement or this Code and shall not use that vehicle until it is repaired or comes into compliance. Should the Manager give notification at any time to a Collector that any of its vehicles are not in compliance with the standards of this Chapter or the Franchise Agreement, the vehicle shall be immediately removed from service in the City by the Collector. The vehicle shall not again be utilized in the City until the Collector successfully demonstrates to the Manager that the vehicle is in compliance with the requirements of the Agreement and this Code. A Collector shall maintain its regular collection schedule regardless of the repair of any vehicle. V COLLECTION/MANDATORY SERVICE 8.08.310 Mandatory service. A. Except as otherwise provided in this Chapter, all solid waste and recyclables collected 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 or solid waste enterprise, other than those referenced in subsection A of this section, shall negotiate or contract for, undertake to receive, collect or transport solid waste from within the City for a fee, service charge or other consideration, except as specifically provided herein. C. Except as otherwise provided in this Chapter, each residential property owner and occupier in the City shall, at all times utilize the services of a Collector and pay the rates 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 City policies and programs with regard to solid waste recovery, reduction of solid waste and recycling of solid waste. 8.08.320 Freauencv of collection. A. A Collector shall collect and dispose of all solid waste placed for collection in compliance with this Chapter from each customer at least twice during each calendar week, or less if provided for in an approved Franchise Agreement. Not more than four days shall elapse between one collection and the next unless the regular day of collection falls on a holiday. Routes of collection shall be so arranged that collection from any premises will be made on the same days of each week. A Collector shall possess a sufficient number of vehicles including spares to maintain the collection schedule at all times. B. When the collection day falls on a holiday, a 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 regular collection can be maintained on the regularly scheduled days the remainder of the week. Ordinance No. 314 -11- C. Not later than November 30th of each year, a Collector shall submit to City its proposed collection schedule for the ensuing calendar year. The schedule shall indicate all regularly scheduled collection days which fall on a holiday and the collection day which is proposed to be substituted therefore (if any) so as to ensure that collection shall take place twice each week. The schedule shall also indicate the dates that brush clearance required to be removed pursuant to Section 15.20.040 of this Code shall be collected. Upon approval by the Manager, Collector shall cause to be mailed a written notice to all customers of such schedule not later than December 31 st of each year. In his or her discretion, the City Manager may mail out the annual notice to all customers, at the expense of the Collector. 8.08.330 Hours of collection. A. No collection, or delivery or removal of containers, shall be made between the hours of six p.m. and seven a.m. Monday through Saturday or at any time on Sunday. B. The Manager may waive the requirements of this Section when necessitated by conditions beyond the control of the Collector. 8.08.340 Litter. If a 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 promptly clean up, contain, collect and remove same to the satisfaction of the Manager. 8.08.350 Emnlovees of collector. All field employees of a Collector shall wear name tags and/or uniforms to enable identification while providing service to the public. 8.08.360 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. 8.08.370 Noise. A Collector shall conduct its operations as to create the least possible obstruction and inconvenience to public traffic, and disruption to the existing noise levels in the City. 8.08.380 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 a Collector. 8.08.390 Disposal. A. It is unlawful at any time for any person, including a Collector, to burn any solid waste or recyclables within the City. B. It is unlawful at any time for any person, including a Collector, to bury or dump any solid waste or recyclables within the City. 8.08.400 Resource recoverv. A 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. 8.08.410 Collection of recvclable materials. A. A Collector shall offer recyclable materials collection services as follows: 1. A service yard collection program. 2. Operation of a drop-off center at City Hall where residents may drop off recyclable items, such as newspaper, 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 Ordinance No. 314 -12- 1 1 1 be conspicuously labeled. A Collector will provide regular maintenance and collection of reusable materials from the center, as directed by the Manager. 3. A Collector shall develop and implement a public information and education program for the recyclable materials collection services described in this Chapter, approved by the City Manager. 4. A Collector shall establish and maintain a system for establishing diversion credits for the City of Rolling Hills in a manner consistent with the Act. 5. From the time of placement of recyclable materials for collection, such recyclable materials shall be and become the property of a Collector. It shall be a violation of this Chapter for any person unauthorized by the City or the customer to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable in accordance with Chapter 1.08 of this Code. B. Nothing in this Chapter shall limit the right of any person to donate, sell or otherwise dispose of his or her recyclable materials. 8.08.420 Collection of green waste. A. A Collector shall offer green waste services to its customers as follows: 1. Green waste shall be placed for collection in the manner set forth in this Chapter and in the Agreement. 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. 2. On a periodic basis, if a resident has additional green waste in excess of what can be placed in the green waste containers set out for collection, residents may place green waste materials in bags or bundles, or in a plastic or metal container with a lid for collection by a Collector. 3. A Collector shall provide to all customers who request one, at the cost paid by the customer, a composting bin of a type approved by the City Manager. Each composting bin so provided shall include full instructions. A Collector shall provide training, twice per year, on backyard composting, open to all residents of the City. Composting shall be conducted pursuant to Section 8.08.430. 4. A Collector shall develop and implement a public information and education program for the green waste services described in this section, approved by the City Manager. 5. Collector shall collect an unlimited amount of brush clearance required to be removed by Section 15.20.040 of this Code and any additional green waste set out at that time from every customer up to three times in the Spring and up to three times in the Fall. The dates for such collections will be set forth in the collection schedule mailed out to all customers pursuant to Section 8.08.320.C. and the placement and bundling specifications shall be set forth in the Agreement. 8.08.430 Backyard Residential Comnostine A. Notwithstanding any other provision of this Chapter, residents are encouraged to compost green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable kitchen scraps or manure (but not including other household garbage or animal waste). The following composting conditions must be met: 1. Compost piles or bins shall not be visible from the street or neighboring properties; 2. The compost piles or bins shall not be located next to a stream or drainage course; 3. Compost piles and bins are maintained so that they do not generate an offensive odor or harbor rodents; 4. The compost is enclosed, screened or otherwise maintained to minimize insects and pests; and 5. The pile or container shall not permit surface run-off or leachate to other property or to drainage courses, waterways or streams. Ordinance No. 314 -13- B. No composting shall be permitted at any location that is determined to be a fire hazard by the Los Angeles County Fire Department or any location that is determined by any other regulatory body to be a threat to the public health, safety or welfare. 8.08.440 Prohibited waste. A. Electronic waste, electronic hazardous waste, and any other form of waste that does not meet the definition of solid waste or recyclable materials shall not be disposed of with solid waste or recyclables for regular solid waste collection by a Collector. B. A Collector shall develop and implement a public information and education program for electronic waste, electronic hazardous waste disposal and recycling, hazardous waste and any other prohibited waste, approved by the City Manager. C. Customers shall dispose of electronic waste, electronic hazardous waste, hazardous waste and any other form of prohibited waste at special collection centers operating throughout the region. A list of such collections centers is available at City Hall. VI CONTAINERS 8.08.450 Care of containers. Collector's agents and employees shall handle all containers with care. 8.08.460 Unauthorized Removal from containers., No person other than a 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. 8.08.470 Tamnerine with containers. No person other than the owner or occupant of the premises where a container is located, or a 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. 8.08.480 Coverine containers for solid waste. Any container to be placed for collection containing solid waste shall have a tightly fitting cover. Said cover shall be used at all times. 8.08.490 Unauthorized setting out of containers.. No person occupying, using or in charge of any premises shall set out or cause to be set out for collection any solid waste or recyclables not generated on the premises. 8.08.500 Containers at residential premises., A. Unless containers are to be provided by a Collector pursuant to the Franchise Agreement, every customer in the City shall provide sufficient containers as to accommodate the amount of solid waste generated by the premises. All 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 by the customer and shall not contain any rough or jagged surfaces. 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. B. 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 sixty pounds, not more than four feet in length, nor more than eighteen 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. Ordinance No. 314 -14- C. No cardboard box, paper bag or oil drum may be used as a container for solid waste. D. A Collector shall schedule to collect bulky items from customers at least three times during each calendar year. The dates for such collections will be set forth in the collection schedule mailed out to all customers pursuant to Section 8.08.320.C. and the timing, item placement and other specifications for the collection shall be set forth in the Agreement. 8.08.510 Accumulation of solid waste prohibited. It is unlawful for any customer or person owning, managing or having the control of any premises or vacant lot 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. It is unlawful 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 in the City except as provided in this Chapter. No customer or 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 is 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 or occupy or where they work. It is unlawful for any person to place bulky items on the street except that bulky items may be placed on the street within the two days prior to a bulky item collection scheduled pursuant to Section 8.08.500.1), or within the two days prior to otherwise scheduled collection or removal of the item. 8.08.520 Placement of containers at residential premises. A. In the case of residential premises, each container or bundle shall be kept in the service yard of the premises reasonably concealed from view by neighbors. Such areas shall be readily accessible to a Collector by a pathway. Access to the containers shall not be impaired by the presence of any vehicles or other obstructions. B. A Collector shall collect containers from the service yard and shall return all containers in an upright position to the same approximate location where found by a Collector and without any unnecessary noise or wear and tear or damage to said receptacles. A Collector shall replace a container or reimburse the customer for any damage caused to receptacles by the unnecessary wear and tear of a Collector. C. In the event a Collector declines to collect any solid waste on a required collection day, the Collector shall leave a tag on the container indicating the reason for refusal to collect and 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. 8.08.530 Container storage areas. The owner or occupant of residential premises where a container is placed shall provide a clean, safe and sanitary place for its storage. VII EXCLUSIONS 8.08.540 Residential waste and recvclable exclusion. No provision of this Chapter shall prevent customers 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 customer shall employ or engage any solid waste enterprise, other than a Collector franchised in the City of Rolling Hills, to haul or transport such materials to a transfer station or landfill. 8.08.550 Dwellings under construction. When solid waste is not being generated on a property due to construction at a temporarily vacant residential dwelling or at a newly constructed residential dwelling that Ordinance No. 314 -15- has not yet been occupied, the property owner may suspend mandatory collection service for the time that the dwelling is not being occupied and may not be liable for collection charges for such period of time as follows: A. Residential dwellings undergoing alterations or repairs, but occupied or vacant for less than four full weeks, shall receive regular service for collectible solid waste during the construction period. B. Residential dwellings which remain unoccupied for four full weeks or longer, may suspend mandatory collection service and may not be liable for collection fees during period or be eligible for a refund of the collection fees for such periods. C. The property owner shall notify the City Manager and all Collectors responsible for collection at that dwelling, at their respective offices, of the temporary suspension of mandatory service. 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 by mail, fax or email communication and a reference number assigned to avoid misunderstanding; D. The property owner shall notify the City Manager and the Collectors responsible for collection at that dwelling of the duration of the vacancy, if known, at the time of the suspension of the collection service; otherwise owner shall notify by mail, fax, email or phone within three calendar days of occupancy or resumption of occupancy and service shall be resumed immediately thereafter; and E. The premises described in the notice shall not be occupied during the period of the vacancy, and no solid waste of any type, other than construction/demolition waste that is removed pursuant to Section 8.08.580, shall be produced during the period or collected from the dwelling. F. When collection fees have been prepaid on the property tax bill, a property owner may request a refund of solid waste collection fees for the period that the property was vacant and the service was suspended by filing a refund form with the City Manager within sixty calendar days of occupying or reoccupying the premises. The City Manager shall process the request within sixty days from receipt of the request and may grant a refund for the proportionate amount of fees for the time the property was vacant and service was suspended. 8.08.560 Gardener's exclusion., A franchise shall not be required for the occasional removal of green waste as a result of routine and regular tree trimming, gardening or landscaping activities. In order to help the City meet its diversion requirements, gardeners, tree trimmers and landscapers are encouraged to divert the occasional loads of green waste from the landfill to a legitimate composting or alternative fuel facility or to use the waste as cover material at a landfill, so that City can receive credit for diverting the green waste. Gardeners, tree trimmers and landscapers are encouraged to collect a tonnage form or tonnage report for all green waste diverted from the landfill and residents are encouraged to submit such tonnage forms or tonnage reports to the City Manager evidencing the amount of diverted green waste. 8.08.570 Commercial Recvcler Exclusion for Source -Separated Recuclables. No provisions of this chapter shall prevent a recycling business from contracting to collect source -separated recyclables that are donated or sold to that recycling business by a customer. "Source -separated recyclables" within the meaning of this subsection means recyclables which have been separated from solid waste for the purpose of sale or donation, which have not been mixed with or contain more than incidental or minimal solid waste, and which do not have a negative market value inclusive of collection, transportation, and disposition costs. This exclusion does not apply if the material collected is hauled for a net fee. 8.08.580: Construction or demolition waste.. A. Minimum construction or demolition waste diversion requirements Ordinance No. 314 -16- Every covered project shall divert at least fifty percent (50%), measured by weight, of all construction or demolition waste generated by the covered project. B. Exempt projects. The diversion and reporting requirements of this Section shall not apply to the following projects: 1. Any construction, remodeling or demolition project that does not require a building permit and does not generate recyclable materials and construction and demolition waste. 2. Any project that requires emergency demolition in order to protect the public health or safety as determined by the Manager prior to the issuance of a demolition permit. Notwithstanding the exemptions set forth in this paragraph, permitees working on exempt projects are encouraged to divert as much construction or demolition waste as practicable and encouraged to use permitted haulers for removal of waste from the project. C. Construction/demolition hauling permit. Permit required. No person or solid waste enterprise shall remove construction and demolition waste from a covered project within the City without first obtaining a construction/demolition hauling permit. The City Manager shall maintain a list of all permitted construction/demolition haulers and residents shall only use a permitted construction/demolition hauler for removal of consti;uction/demolition waste from any covered project within the City. 2. Application for construction/demolition hauling permit. An application for a permit shall be filed with the City Manager and be accompanied by an application fee in an amount set by City Council resolution to reimburse the City for all expenses incurred by it in connection with granting the permit. The application shall include, at a minimum, the following information: a) Name, address, telephone number of the applicant and any other principals in the hauler's business. b) The type and amount of materials and waste material that the hauler is capable of transporting. c) The number of vehicles that the enterprise utilizes. d) The name, address and contact information for the waste disposal facilities where the hauler will take diverted material and where the hauler will take waste. e) Such other pertinent facts or information as the City Manager may require including but not limited to evidence of state certification, evidence of previous experience, and demonstration of reliable and safe equipment. 3. In order to be legally qualified to obtain a construction/demolition hauler permit: a) The applicant shall be willing and able to comply with the provisions of this Code, applicable law, and all requirements of the permit. b) The applicant shall have demonstrated ability to remove and transport the required construction/demolition waste to the appropriate waste disposal facilities c) The applicant shall not have filed materially misleading information in its application or intentionally withheld information that the applicant lawfully is required to provide. 4. Issuance of permits. The City Manager may issue a non-exclusive construction/demolition hauler permit subject to such conditions as are Ordinance No. 314 -17- necessary to protect the public health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. A permit shall not be transferred to another person or solid waste enterprise. Permits shall remain in effect for one year and must be renewed annually. 5. A permitted construction/demolition hauler shall be subject to the following provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance, 8.08.160 Worker's compensation insurance, 8.08.170 Indemnification, 8.08.190 Office for inquiries and complaints, 8.08.200 Permits and licenses, 8.08.250 Vehicle identification, 8.08.260, City Inspection Authority, 8.08.270 Operation of equipment, 8.08.3 10 Hours of collection, 8.08.3 20 Litter, 8.08.340 Trespass, 8.08.350 Noise, 8.08.360 Ownership, 8.08.370 Disposal, 8.08.380 Resource recovery, and all other applicable provisions of the Municipal Code. 6. Failure by a permitted hauler to comply with the diversion and/or reporting requirements of this Section will result in automatic revocation of the construction/demolition hauler permit. A hauler whose permit has been revoked shall not be eligible to reapply for a new permit for a period of three - years from the date of revocation. D. Condition precedent to issuance of building or demolition permit. As a part of any application for, and prior to the issuance of, any building or demolition permit for a covered project, every permittee shall identify the permitted hauler that has been designated to remove all construction/demolition waste associated with the project. The application shall also be accompanied by a construction/demolition waste fee, set by resolution of the City Council to reimburse the City for all expenses incurred by it in connection with monitoring compliance with this Section. E. Records. During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the City Manager that can be converted to tonnage. F. Reporting. Within thirty (30) calendar days following the completion of any covered project, the hauler shall submit under penalty of perjury, and as a condition precedent to final inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the Manager establishing compliance with the requirements of this Section. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials disposed and diverted, supported by evidence satisfactory to the Manager, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the Manager to verify the amount of construction or demolition waste generated from the site that has been diverted. If a project involves issuance of both a demolition and building permit, the report and documentation for the demolition permit shall be submitted to and approved by the Manager before issuance of a building permit. G. Monitoring responsibility of Manager. The City Manager shall monitor each covered project for compliance with this Section. H. Implementing Regulations Ordinance No. 314 -18- 1 1 The Manager shall have the authority to establish regulations for the implementation of this Section, and when duly established, such regulations shall be in full force and effect. Section 2. This ordinance shall apply to all franchise agreements amended, extended or executed after the effective date of this ordinance. Section 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED and ADOPTED this 23rd day of February, 2009. C _ _ FRANK HILL, MAYOR ATTEST: Heidi Luce, Deputy City Clerk Ordinance No. 314 -19- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 314 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.08 THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES was approved and adopted at a regular meeting of the City Council on February 23, 2009 by the following roll call vote: AYES: Councilmembers Black, Lay, Pernell, Mayor Pro Tem Heinsheimer and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices Heidi Luce, Deputy City Clerk 1 1 Ordinance No. 314 -20- 1 ORDINANCE NO. 315 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING BARKING DOGS AND OTHER NOISY ANIMAL HEARINGS AMENDING THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does ordain as follows: Section 1. Section 6.46.030 of Title 6, Chapter 6.46 of the Rolling Hills Municipal Code is hereby amended to read as follows: 6.46.030 Hearing before Citv Manager If a second complaint regarding a barking dog or other noisy animal is received by the City after 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 days prior to the date of the hearing. The City Manager may designate a hearing officer to conduct the hearing and make factual findings and recommendations for action. PASSED, APPROVED AND ADOPTED this 8`" day of June, 2009 _�HEIMER, MAYOR Godfre PPernell, Mayor Pro Tem ATTEST: HEIDI LUCE, INTERIM DEPUTY CITY CLERK Ordinance No. 315 -1- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) H CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 315 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING BARKING DOGS AND OTHER NOISY ANIMAL HEARINGS AMENDING THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on June 8, 2009 by the following roll I call vote: AYES: Councilmembers Black, Hill, Lay 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 ` Uktl& ta Heidi Luce, Interim Deputy City Clerk 1 1 Ordinance No. 315 -2- ORDINANCE NO. 316 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. The City Council of the City of Rolling Hills, California, does hereby ordain as follows: Section 1: FINDINGS A. The waters of the State of California are of limited supply and are subject to increasing demands; B. 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; C. The City of Rolling Hills is a unique, well-established residential community where development consists exclusively of single-family residential homes on large lots and existing non-residential development in the community consists of City administration, fire, school and school maintenance facilities; D. In 2004, the State of California enacted Assembly Bill 2717 establishing a stakeholder based Landscape Taskforce charged with formulating recommendations to improve irrigation efficiency in new and existing landscaping; E. In 2006 the Governor signed Assembly Bill 1881 requiring cities and counties to implement the Taskforce's recommendation; F. The water efficient landscaping standards adopted herein serve to advance the foregoing goals, advance the goal of conserving water and further public health, safety and welfare; G. The City's water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance due to the following: a. The ordinance is applicable to all new or altered development subject to discretionary review by the City. b. Under the ordinance, landscaping shall be designed and irrigated so not to exceed 70% of the local evapotranspiration rate (ETo) established by the State for the City of Long Beach and surrounding areas of Los Angeles County. c. Under the ordinance, landscape areas for residential and institutional type projects shall be designed with less than 40% turf and non -water wise plant materials. d. Under the ordinance, automatic irrigation systems are required and shall be designed to avoid overspray and runoff with optimum distribution uniformity and setbacks from hardscape, and shall employ a weather -based irrigation controller with a rain shut off sensor and check values at the end of each line to hold water in the system, preventing unwanted drainage from sprinkler heads. e. Exceptions to the ordinance standards are allowed only upon a finding that alternative design will promote equivalent or greater water conservation. f. Under the ordinance, installation and compliance verifications are required from a landscape designer. Ordinance No. 316 - 1 - g. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. h. Under the ordinance, the identification of water wise plants matches that used by the California Department of Water Resource's in its Model Water Efficient Landscape Ordinance. Section 2: CEQA. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3: Title 13, Chapter 13.18 of the Rolling Hills Municipal Code, commencing with Section 13.18.010 is hereby added to read as follows: Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: 13.18.010 Purpose. 13.18.020 Applicability. 13.18.030 Definitions. 13.18.040 Landscape Plan Design Standards. 13.18.050 Exceptions. 13.18.060 Submittal Requirements. 13.18.070 Determination of Conforming Installation and Compliance Certification. 13.18.010 Purpose. It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public agency development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All single family residential development projects subject to discretionary review by the Planning Commission or City Council, with a total new or altered landscape area equal to or greater than 5,000 square feet. 13.18.030 Definitions "Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system. Ordinance No. 316 - 2 - 1 1 1 "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a preset program. "Discretionary review" means '`'review of a "development project by the Planning Commission and/or City Council that requires that the Planning Commission or City Council ascertain compliance with this Chapter, and that also requires the exercise of judgment, deliberation or decision by the Planning Commission and/or City Council. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. "ETo" means the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting area having plants grouped according to water need. "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and'plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means 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. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf' means a groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using the following formula, per Section 492.4 of the State of California Model Water Efficient Landscape Ordinance, which may be amended from time to time: MAWA = (ETo) (0.62) r0.7 x LA + 0.3 x SLAT MAWA= Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Landscape Plan Design Standards. Ordinance No. 316 - 3 - An applicant proposing new or altered landscaping, which is subject to the requirements of this Chapter, shall comply with each of the following in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to Section 13.18.050. A. Landscape Plan Content: 1. Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. 2. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter in accordance with Section 13.18.050. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities. Approved turf areas may be watered at 1.0 of the referenced evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcover planted from flats, mulch shall be installed to an average thickness of I-%2 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. An automatic irrigation system is required and shall include a weather -based irrigation controller, including a rain shut-off sensor. 3. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 4. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 5. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. Ordinance No. 316 - 4 - 6. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department. 13.18.050 Exceptions. Exceptions to these landscape water conservation standards may be granted by the City Manager upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittal Requirements. A. In accordance with California Business and Professions Code Section 5641, as may be amended from time to time, drawings for the conceptual design and placement of tangible objects and landscape features; or plans, drawings and specifications for the selection, placement or use of plants, may be submitted by any person, including licensed landscape architects, licensed landscape contractors or landscape designers. Construction documents, details or specifications for the tangible objects or landscape features, or site alterations which require grading or drainage plans, shall be prepared by a licensed professional as required by California law. B. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. C. The Planning Commission or City Council may require, on a case-by-case basis, that the landscaping plan and statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development. D. The project applicant shall submit a financial obligation in the amount of the cost estimate of the implementation of the landscaping plan and irrigation plus fifteen percent, which shall be posted prior to issuance of a grading and building permit. The financial obligation shall be retained with the City for not less than two years after landscape installation. The retained deposit 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. 13.18.070 Determination of Conforming Installation and Compliance Verification. A. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days of the date the construction project has received approval of a final inspection from the Building and Safety Department. The applicant is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior to the original 90 -day deadline. B. Verification of compliance with this Chapter, as applicable, shall be made by the City Manager. The financial obligation described in Section 13.18.160D shall not be returned unless the certification of compliance is on file with the City. Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or Ordinance No. 316 - 5 - portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Section 5: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 25`x' day of January, 2010. T eOs INSHEIMER, MAYOR Attest: HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 316 - 6 - 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 316 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. was approved and adopted at a regular meeting of the City Council on January 25, 2010 by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Heidi Luce Deputy City Clerk Ordinance No. 316 - 7 - ORDINANCE NO. 317 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REPEAL SECTION 17.27.020 WATER EFFICIENT LANDSCAPING REQUIREMENTS OF THE ZONING CODE IN TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Findings: A. In 1993 the City adopted a Water Efficient Landscape Ordinance as was required by the State Legislature. The provisions of this ordinance were codified into the Zoning Code. B. In 2006 the Governor signed Assembly Bill 1881 requiring cities and counties to amend their water efficient landscape ordinance, based on a Model Ordinance proposed by a Landscape Taskforce charged with formulating recommendations to improve irrigation efficiency in new and existing landscaping. C. Due to this State -mandated requirement the City wishes to codify the provisions of the new ordinance in a section of the Municipal Code that relates to water conservation and sewers, rather than in the Zoning Code. D. The City staff prepared an ordinance in conformance with the state mandate, which is being considered for adoption by the Rolling Hills City Council. E. The City Council determines that this proposed ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it repeals a Section in the Rolling Hills Zoning Code in order to assure there is no inconsistency with a proposed ordinance that enacts requirements that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines § 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. F. General Plan Conformance and Zoning. The proposed project conforms to the City's General Plan because it is consistent with the discussion of Water Resources in the Open Space and Conservation Element. which notes that greater conservation of water consumption is expected. The proposed updating of the Municipal Code by the repeal of this Chapter and the addition of a new water efficient landscape requirements into the Rolling Hills Municipal Code so that it is consistent with the requirements of Assembly Bill 1881 will improve irrigation efficiency in new and existing landscaping. SECTION 2. The Planning Commisison held a public hearing on Decejmber 15, 2009 regarding this matter. Based upon the facts contained herein, those contained in the staff report and other components of the legislative record, and contingent on the City Council enacting new provisions in the Municipal Code to conform with the requirements of Assembly Bill 1881, the Planning Commission recommended that the City Council adopt this ordinance. SECTION 3. Section 17.27.020 of Chapter 17.27 in the Zoning Ordinance (Title 17) is hereby repealed in its entirety. Ordinance No. 317 - 1 - PACCFT) ANID APPROWT) ON THF. 25TH DAY OF TANIJARY_ 2010. AT(TTEST: W46 HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 317 - 2 - [AYOR 1 1 1 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS I certify that the foregoing ORDINANCE NO. 317 'entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REPEAL SECTION 17.27.020 WATER EFFICIENT LANDSCAPING REQUIREMENTS OF THE ZONING CODE IN TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on January 25, 2010 by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 317 -3- ORDINANCE NO. 318 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE CITY'S PURCHASING SYSTEM PERTAINING TO PURCHASING DURING DECLARED EMERGENCIES AND AMENDING THE ROLLING HILLS MUNICIPAL CODE The City Council of the City of Rolling Hills does ordain as follows: Section 1. Section 3.04.020 of Title 3, Chapter 3.04 of the Rolling Hills Municipal Code is amended to read as follows: 3.04.020 Definitions — As used in this Ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) City shall mean the City of Rolling Hills. (b) Contract shall mean an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to do a particular thing. (c) Disaster, Proclaimed Disaster or Emergency shall mean a state of emergency for an area which includes the geographic territory of the City declared by the Governor, County, Mayor or the City Manager. (d) Encumbrance shall mean a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. (e) Exigent Circumstances shall mean situations in which (i) a disaster or emergency has been proclaimed, and (ii) the public exigency for goods and services required to address an immediate threat to health, safety, or improved property will not permit competitive solicitation. 69 Personal Property shall mean any tangible property not including land or real estate. This includes but is not limited to vehicles, equipment, supplies, furniture and fixtures. (g) Purchases shall mean procurement of supplies, services, equipment and personal property and shall include leases or rentals of such items. (h) Professional Services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. (i) Public Works Project as defined in California Public Contract Code Section 20161 is "(a) a project for the erection, improvement, painting or repair of public buildings and works. (b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow. (c) Street or sewer work except maintenance or repair. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. (j) Responsive Bidder shall mean a bidder who has placed an offer to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms, conditions and other requirements included in the request for bids. (k) Services shall mean any and all services, including but not limited to equipment services contracts. (l) Surplus Personal Property shall mean any personal property that is no longer needed or useable by the City. Section 2. Section 3.04.060 of Title 3, Chapter 3.04 of the Rolling Hills Municipal Code is amended to read as follows: 3.04.060 Purchases without Bidding - Bidding shall not be required when one of the following conditions pertains: Ordinance No. 318 -1- (a) The amount of the purchase has a total estimated value of less than two thousand five hundred dollars ($2,500). (b) Sole source purchases such as legal advertising, utilities, conferences, and Sheriff's department services. (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. (d) Purchases from vendors on the City Council Approved Vendor's List. (e) If, at the discretion of the City Manager, and upon a finding supported with written documentation, it is in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. These purchases must be approved by the City Manager or his/her designee. (f) Purchases made through a Cooperative Purchasing Program utilizing purchasing agreements maintained by the State, County, or other public agencies. (g) Emergency purchases pursuant to Section 3.04.120. Section 3. Section 3.04.120 of Title 3, Chapter 3.04 of the Rolling Hills Municipal Code is amended to read as follows: 3.04.120 Emer2encv Purchases — The City Manager, or his/her designee when he/she is not available, may authorize emergency purchases consistent with the provisions herein when the City is included in a Proclaimed Disaster or Emergency upon showing that the purchase required is for the immediate preservation of health, safety and welfare, repair to existing City equipment which impacts ongoing City operations, or for the protection of improved property. The provisions of this section apply only to a present, immediate and existing emergency that could not reasonably be foreseen. (a) The limits of the Citv Manager's authoritv set forth in Section 3.04.040 shall avnly unless the City Manager determines that goods and services must be procured before the City Council is able to assemble in emergency session in order to preserve life or personal safety or persons in the City; in such event, the City Manager may approve the immediate rental or purchase of any equipment, supplies, services or other items necessary in excess of the limits of his/her authority. All procurements that exceed the City Manager's authority shall be presented to the City Council for ratification and thereafter shall be publicly posted within sixty days of the award. (b) As soon as possible after emergency purchases are made, the City Manager shall submit to the Finance Director, with a copy to the City Council, a requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated. Upon receipt of requisitions, the Finance Director shall prepare purchase orders for emergency equipment, supplies, services or other items. The City Manager shall also prepare for the City's records a "Justification Form For Emergency Sole Source or No -Bid Purchase," with a copy to the City Council. (c) When making emergency purchases, whenever feasible the City Manager shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers to obtain competitive proposals. The City Manager may eliminate the ordinarily applicable noticing time period to expedite procurements providing that the bid period allows multiple providers to submit bids. When possible, a minimum of three bids should be obtained. Solicited bids that are non-responsive shall be counted in the minimum number of bids. (d) All invoices for debris clearance and removal shall be verified by the City prior to payment to the vendor for work completed and for confirmation of material disposal in accordance with all applicable state and federal regulations (for hazardous materials disposal). PASSED, APPROVED AND ADOPTED this ATTES HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 318 -2- P6 th da s �fi MAY�. 1 1 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) H CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 318 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE CITY'S PURCHASING SYSTEM PERTAINING TO PURCHASING DURING DECLARED EMERGENCIES AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on April 26, 2010 by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill and Mayor Pernell. NOES: None. ABSENT: Mayor Pro Tem Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 4 HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 318 -3- ORDINANCE NO. 319 AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING ZONING CODE AMENDMENT NO. 2010-01, AMENDING CERTAIN PROVISIONS OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO CITY-WIDE REGULATIONS AND DEVELOPMENT STANDARDS FOR STABLES, CORRALS AND RELATED FACILITIES; AMENDING THE APPROVAL PROCESS FOR STABLES, CORRALS AND RELATED FACILITIES; AND AMENDING CERTAIN DEFINITIONS RELATING TO STABLES, CORRALS AND RELATED FACILITIES. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Planning Commission adopted Resolution No. 2010-05 on February 23, 2010, recommending that the City Council adopt an ordinance amending the City of Rolling Hills Municipal Code and specifically the Zoning Code pertaining to stables and other animal -keeping facilities. Section 2. Stables in the City of Rolling Hills enjoy special status as desirable accessory structures that contribute to the rural .and equestrian character of the community. The Municipal Code has provided for "over-the-counter" approval of stables to expedite their construction and has not limited their size. In contrast, other accessory structures in the City are limited to 800 square feet and require a Conditional Use Permit. Section 3. Due to the lienency provided for the construction of stables, stables became the desired prominent feature that was intended. However, with the ease of their approval, and reportedly fewer households keeping horses, stables have been transformed into other uses not consistent with the spirit and letter of the City's General Plan and zoning code. Currently stables, with their special accommodations, are being used for non -stable purposes. Section 4. Over three years ago, City staff informed the Planning Commission that a number of stables within the City have allegedly been converted to other uses in violation of the Municipal Code. Conversions pose a health and safety concern because the conversions are made without building permits or inspections. With the lenient approval process and no size limitation on stables, the structures become large recreation rooms or guest houses that are permitted. Because enforcement of these converted structures can be impractical, the City Council opted to direct the Planning Commission to develop a broader definition of stables with parameters. The parameters are intended to maintain the use of stables as stables. Section 5. Over three years ago City staff informed the Planning Commission that a number of stables within the City have allegedly been converted to other uses in violation of the Municipal Code. Conversions pose a health and safety concern because the conversions are made without building permits or inspections. Section 6. At a special Planning Commission meeting held on May 1, 2007, the Planning Commission discussed concerns over the City's Municipal Code provisions regulating stables and requested that this matter be discussed at a joint meeting with the City Council. Section 7. A joint City Council and Planning Commission meeting convened on June 11, 2007 to discuss the City's stable regulations. At that meeting the City Council and Planning Commission concluded that a number of actions be taken including consideration of an amendment to the City's Municipal Code to consider allowing storage in stables and requiring that construction of stables comply with the same approval process as is required for most other accessory structures. Section 8. The City Council at a meeting held on September 10, 2007 directed the Planning Commission to consider a zoning code amendment to provide the Ordinance No. 319 1 residents with clear and consistent regulations regarding stable use and ensure that stable use is consistent with the rural character of the City. Specifically the City Council directed the Planning Commission to: encourage that stables be used for rural and agricultural purposes; not allow stables as secondary residences and for human habitation; discourage the improper conversion of stables that preclude them from future stable use; expand the defmition of stable uses to encourage residents to follow proper procedures as long as such uses do not violate County or State building or health codes; and consider amending the Zoning Code to require stables undergo discretionary review by the Planning Commission. . Section 9. The City Council's direction and recommendations were discussed at the September 18, 2007 Planning Commission meeting. At that meeting the Planning Commission established an ad hoc committee to study this issue and appointed two if its commissioners to the committee. Section 10. The Ad Hoc Committee on stables and staff met on October 10, November 6, December 4, 2007, January 29, February 12, April 15, 2008, August 3, 2009 and January 6, 2010. The committee members reviewed and discussed the current City and RHCA regulations, reviewed other literature and pictures on stables and discussed City's goals to promote the construction and uses of stables, recognizing that some flexibility for the use of the structure is desirable when the property owners don't have horses or farm animals. Section 11. On March 11, 2008, the Ad Hoc Committee on stables and staff met with the City Council liaison to the Planning Commission and on March 28, 2008 with representatives of the Rolling Hills Community Association (RHCA) Architectural Committee, the RHCA Manager, as well as Caballeros president and representative to discuss their preliminary findings and recommendations regarding stables and related uses in the City and to obtain their input. An additional similar meeting with RHCA Manager, Architectural Committee representatives and Caballeros president was held on January 20, 2009. Section 12. On February 8, 2009, the City Manager presented this topic and the proposed amendments to the zoning ordinance at the annual meeting of the Caballeros. Section 13 The Ad Hoc Committee on stables regularly updated the Planning Commission on its progress in studying this issue. Updates to the Planning Commission were provided during the Planning Commission's regularly scheduled meetings on October 16, 2007, February 17, March 18, April 15, May 13, June 17, July 19, September 16, 2008, February 17 and August 3, 2009. Those meetings were open to the public and public testimony was considered. Section 14. On August 18, 2009, the Ad Hoc Committee on Stables, after taking into consideration input from all of the different representatives of the community, issued a report to the Planning Commission on proposed Zoning Code Amendments to the requirements for stables, corrals and related uses and structures. At that meeting, the Planning Commission scheduled the first public hearing on this matter for September 8, 2009. Section 15. On August 3, 2009, the City issued a Notice of Proposed Negative Declaration pursuant to CEQA and a Notice of a public hearing of the Planning Commission, as required by Government Code Section 65854, for September 8, 2009 for the consideration of a proposed ordinance of the City of Rolling Hills amending certain provisions of the Rolling Hills Municipal Code pertaining to City-wide regulations on keeping of permitted animals and development standards for stables and corrals and process for approval of stables and corrals in the residential zones of the City of Rolling Hills (City-wide). Section 16. On September 8, October 6, November 3, 2009, January 19, February 2, and February 23, 2010, the Planning Commission held duly noticed public hearings pursuant to Government Code Section 65854 and Chapter 17.50 of the Rolling Ordinance No. 319 2 1 1 1 Hills Municipal Code to consider the above -referenced amendment to the Rolling Hills Municipal Code. Evidence was heard and presented from all persons interested in the proposal and from members of the. City staff, and the Planning Commission reviewed, analyzed and studied the proposal. Section 17. Chapter 17.50 of the Zoning Code contains provisions to allow for amendments to the Codes. A public hearing before the Planning Commission is necessary, before a recommendation can be forwarded to the City Council for an Ordinance amending the Zoning Code provision. Section 18. The City Council held a duly noticed public hearing on May 24, 2010, to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal andifrom members of the City staff and the City Council reviewed, analyzed and studied said proposal. Section 19. The City Council public hearing was noticed in the Palos Verdes Peninsula News on May 13, 2010, City's Newsletter, Rolling Hills web site, and all residents who expressed interest in this topic were given a copy of the staff report and/or were informed of the hearing. Section 20. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff prepared a Negative Declaration. The City Council has reviewed the Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance with CEQA guidelines. Therefore, the City Council hereby adopts the Negative Declaration in accordance with the CEQA requirements. Section 21. Following the introduction of the ordinance on May 24, 2010, City staff prepared a comprehensive response to speaker's comments and written correspondence that explained the proposed ordinance, its implementation and enforcement. The City Council received and understood those responses as being consistent with the current and future intent of the ordinance and current practice. 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 Section 65000 through Section 66035) and the City of Rolling Hills General Plan, including the Land Use Element goal to maintain Rolling Hills' distinctive rural residential character. Section 22. The City Council hereby adopts the proposed Zoning Code amendments, as specified in Exhibit A, (Zoning Code amendment), which is attached to this ordinance and made a part thereof. PASSED, APPROVED AND ADOPTED THIS 12TH DAY OF JULY 2010. �4CEZE - - r ' AOR ATTEST: P ��n UXJ HEIM LUC% DEPUTY CITY CLERK Ordinance No. 319 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 319 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING ZONING CODE AMENDMENT NO. 2010-01, AMENDING CERTAIN PROVISIONS OF TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO CITY-WIDE REGULATIONS AND DEVELOPMENT STANDARDS FOR STABLES, CORRALS AND RELATED FACILITIES; AMENDING THE APPROVAL PROCESS FOR STABLES, CORRALS AND RELATED FACILITIES; AND AMENDING CERTAIN DEFINITIONS RELATING TO STABLES, CORRALS AND RELATED FACILITIES. was approved and adopted at a regular meeting of the City Council on July 12, 2010 by the following roll call vote: AYES: Councilmember Heinsheimer, Mayor Pro Tem Lay and Mayor Pernell. NOES: Councilmembers Black and Hill. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 319 4 1 I Ll 1 A. Add Chapter 17.18, Sections 1.7.18.010 through 17.18.140 to Title 17, Zoning, as follows: (NEW CHAPTER) CHAPTER 17.18 STABLES. CORRALS AND RELATED ANIMAL KEEPING USES AND STRUCTURES Sections: 17.18.010 Intent and Purpose 17.18.020 Stable and corral site required 17.18.030 Access and driveway 17.18.040 Permitted uses with administrative approval 17.18.050 Permitted uses with conditional use permit approval 17.18.060 Requirements for stables requiring conditional use permit 17.18.070 Requirements for aviaries requiring conditional use permit 17.18.080 Requirements for wildlife rehabilitation facilities 17.18.090 Requirements for corrals requiring conditional use permit 17.18.100 Requirements for horseback riding rings 17.18.110 Measuring of distances between uses 17.18.120 Non -permitted materials for structures 17.18.130 Maintenance required 17.18.140 Nonconformities and Modifications 17.18.010 Intent and Purpose. The City recognizes that, along with one-story, ranch -style homes, a residential stable is considered by the City to be a valuable asset on each property and a valuable component of the City's rural, equestrian character. Further, the City supports residents' desires to have a stable and horses on private property. The City also recognizes, however, that residents who do not currently own horses also legitimately desire to use their entire property, including their stables, and that some of these non -equestrian uses are compatible with the City's rural character. The purpose of this chapter is to protect and encourage the important community asset of residential stables, while at the same time permitting residents who do not have horses the flexibility to use stables for non -equestrian purposes. Nevertheless, because keeping of horses is desired in the community, stables that are permitted to be used for other than animal keeping uses shall always be capable of being converted back into a stable for keeping of animals. 17.18.020 Stable and corral site reauired. A. Every lot or parcel in the RA -S zone is required to have an area developed with or set aside and usable for a stable, contiguous corral and access thereto as required by this Section. Every lot or parcel for which a discretionary (including Site Plan Review, Conditional Use Permit or Variance) or administrative approval is required by this title in connection with the construction of a new single-family residence, the addition to an existing single-family residence, the construction of an accessory structure subject to a conditional use permit and the construction of a pool shall have an area developed with or set aside for a stable and corral as follows: 1. Future stable and corral set aside area shall be a minimum of 1,000 square feet: 450 square feet minimum for the stable and 550 square feet minimum for the corral. 2. All stables shall be a minimum of 200 square feet; any unused portion of the required 450 square foot set aside area shall be kept available for future expansion of the stable. All corrals shall be a minimum of 550 square feet. 3. The Planning Commission may develop guidelines to determine the appropriate size of a corral in relation to the size of the stable. B. In the event that a future stable and corral set aside area, as required in subsection A above, is shown on a plan in connection with a request for a discretionary approval and is located in an area that would require the approval of a variance, the Ordinance No. 319 5 variance request shall be processed and approved concurrently with such discretionary approval. 17.18.030 Access and driveway A. No less than a 6 -foot wide roughened surface or dirt vehicular accessway to the stable and corral area for delivery of feed and removal of waste shall be provided. Such accessway shall not exceed a slope of 25 percent. This accessway shall not be entirely paved. B. A vehicular approach taking access directly from a roadway, whether or not paved, shall be subject to approval by the Traffic Commission and shall not be considered a second driveway within the meaning of Section 17.16.040(A)(1) if it provides access exclusively to a stable or corral. For stables of 1,000 square feet or larger, access shall comply with the Fire Department requirements. 17.18.040 Permitted uses and structures with administrative avproval A. The following animal -keeping uses and structures are permitted, provided that any and all required permits have been obtained (such as a building permit and a zone clearance pursuant to Chapter 17.44), that no grading is required and all Code requirements are met. These uses may be permitted only on property with a legally established single-family residence: 1. Animal pen, cage, aviary, or similar small animal shelter subject to the following requirements: a. Up to three such structures may be permitted on any one lot, however, any one or combination of all such structures shall not exceed 200 square feet. b. Such structures, when not exceeding a total of 200 square feet, may be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable. C. The roof of such structures shall not exceed a peak height of 9 feet and the average height shall not to exceed 8 feet from the finished grade. d. Such structures shall not be located on a portion of the lot where the slope is greater than 4:1. e. Such structures shall not be permitted in the front yard or in the rear yard setback and shall be located no less than 25 feet from side property line in the RAS -1 zone, 35 feet from side property line in the RAS -2 zone and no less than 25 feet from side roadway easement line. f. Such structures shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house. g. Such structures shall be used for the exclusive purpose of keeping permitted small domestic animals. Commercial uses are not permitted. h. Such structures shall be demolished and removed from the property within one year if no longer used for keeping of animals. i. Such structures shall not be counted towards structural, total or building pad coverage of the net lot for purposes of Chapter 17.16. 2. Run -in -shed subject to the following requirements: a. Up to two run-in sheds may be permitted on a property, the combined total size of which shall not exceed 240 square feet and provided that a minimum of 550 square foot corral is also provided. b. Run -in -shed may contain a water trough. C. Run -in -shed shall not be located on a portion of the lot where the slope is greater than 4:1. d. Run -in -shed shall not be permitted in the front yard or in the rear yard setback and shall be located no less than 25 feet from side property line in the RAS -1 zone, 35 feet from side nronertv line in the RAS -2 zone and no less than 25 feet from side roadway easement line. e. Run -in -shed shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house. f. Run -in -shed shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted. Ordinance No. 319 6 g. Run -in -shed, if no longer needed for keeping* of animals, shall be maintained and kept in good condition and shall not be used for storage in such a way that it is visible from any street or neighbors. h. Run -in -shed shall be counted towards structural, total, building pad coverage and disturbed area of the net lot for purposes of Chapter 17.16. 3. Roofed freestanding animal shelter open on all sides subject to the following requirements: a. Up to two freestanding animal shelters may be permitted on a property, the combined total size of which may not exceed 240 square feet, but not for long term keeping of animals and not a substitute for a stable. b. Such structure shall not be located on a portion of the lot where the slope is greater than 4:1. C. Such structure shall not be permitted in the front yard or in the rear yard setback and shall be located no less than 25 feet from side property line in the RAS -1 zone, no less than 35 feet from side nronerty line in the RAS -2 zone and no less than 25 feet from side roadway easement line. d. Such structure shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house. e. Such structure shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted. f. Such structure, if no longer needed for keeping of animals, shall be maintained and kept in good condition and shall not be used for storage in such a way that it is visible from any street or neighbors. g. Such structure shall be counted towards structural, total, building pad coverage and disturbed area of the net lot for purposes of Chapter 17.16. 4. Corral and paddock, not to exceed 550 square feet, subject to the following requirements: a. Corral and paddock shall not be located on a portion of the lot where the slope is greater than 4:1. b. Corral and paddock shall be fenced. C. Corral and paddock shall not be permitted in the front yard, and shall be located no less than 25 feet from side property line in the RAS -1 zone, no less than 35 - feet from side nronerty line in the RAS -2 zone and no less than 25 feet from side roadway easement line and from the rear property line. d. Corral and paddock shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house. e. Corral and paddock shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses shall not be permitted. f. Corral and paddock do not have to be removed if no longer needed for keeping of animals, but shall not be paved. g. Corral and paddock are not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16. 5. Turnout, subject to the following requirements: a. Turnout shall not be located on a portion of the lot where the slope is greater than 4:1. b. Turnout shall be fenced. C. Turnout shall not be permitted in the front yard, and shall be located no less than 25 feet from side property line in the RAS -1 zone, no less than 35- feet from side property line in the RAS -2 zone and no less than 25 feet from side roadway easement line and from the rear property line. d. Turnout shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house. e. Turnout . shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses are not permitted. f. Turnout does not have to be removed if no longer needed for keeping of animals, but shall not be paved. g. Turnout is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16. Ordinance No. 319 7 17.18.050 Permitted uses and structures with Conditional Use Permit approval A. The following animal keeping uses are permitted, provided a conditional use permit has been approved pursuant to Chapter 17.42 and building code requirements are met, including issuance of a building permit. These uses may be permitted only on property with a legally established single-family residence. In addition to a conditional use permit, a site plan review may be required. The Planning Commission may impose additional conditions pursuant to Chapter 17.42 of this Title. 1. Stable greater than 200 square feet, subject to Section 17.18.060 2. Aviary greater than 200 square feet, subject to Section 17.18.070 3. Wildlife rehabilitation facility, subject to Section 17.18.080 4. Corral greater than 550 square feet, subject to Section 17.18.090 5. Horseback riding ring, subject to Section 17.18. 100 17.18.060 Reauirements for stables reauiriniz conditional use permit All stables over 200 square feet shall meet the following requirements: A. General reauirements and uses: 1. The building occupied by a stable shall be designed for rural and agricultural purpose only. 2. Stable structure shall not be permitted in the front yard, and shall be located no less than 25 feet from side property line in the RAS -1 zone, no less than 35 - feet from side property line in the RAS -2 zone and no less than 25 feet from side roadway easement line and from the rear property line. 3. Minimum of 60% of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this Title, except as specified in Section 17.18.060(A)(4). 4. Maximum of 40%, but not to exceed 800 square feet, of the entire structure may be maintained as tack room space as defined in Chapter 17.12 of this Title, except as specified in Section 17.18.060(A)(4). Tack room may be detached from the main stable structure. 5. Notwithstanding any other provision of this Chapter, an existing stable, legally constructed prior to the effective date of this ordinance (August 12, 2010), which has a loft area that is maintained as a tack room and comprises no more than 50% of the size of the structure may continue to maintain a maximum of 50% tack room space and a minimum of 50% agricultural space, provided that the area of the structure used as a tack room does not exceed 800 square feet and all other uses are in compliance with the remaining sections of this Chapter. 6. When calculating the size of the stable, the entire footprint including the loft area shall be included, as measured from the exterior of the walls. 7. If there is more than one stable building on a lot, the tack room space shall be calculated as a percentage of the entire square footage of the structures and such tack room space may only be located in one of the structures; notwithstanding the above, it may not exceed 800 square feet. 8 Covered porch shall not be included in the size of the stable for the purpose of calculating the agricultural and tack room space of the stable. 9. Stables shall not be used as sleeping quarters for humans. 10. Stables shall be used for the exclusive purpose of keeping permitted domestic animals and related storage and uses, unless otherwise permitted by this chapter. Commercial uses shall not be permitted. B. Exterior appearance of stables and areas immediately adjacent thereto: 1. Whether or not the stable is used for keeping permitted domestic animals, the exterior of the stable structure shall continue to appear as a stable 2. Areas adjacent to the agricultural space entrance/exit of a stable may have a porous, roughened surface but may not be paved. It shall remain such or may be covered with grass or other low growing ground cover during the time when the agricultural space is not used for keeping of horses or other animals. Ordinance No. 319 8 1 1 1 3. A porous surface (not paved) may be provided by the access to the tack room space of the stable. 4. The surface area of a corral, pen, paddock, turnout or riding ring shall be covered with dirt or sand surface. It shall remain such or be planted with grass or other low growing ground cover during the time when the stable structure is not used for keeping of horses or other animals. C. Tack Room Snace D. AP-ricultural Snace Within the Stable 1. Agricultural space shall be no less than 60% of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(4). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance. 2. Entry doorways to the stalls shall be no less than a 4 -foot wide and 8 feet high. 3. The exterior doors shall provide the appearance of a stable door. 4. Roll up or overhead doors are prohibited. 5. Ventilation and drainage facilities shall be subject to building code requirements. 6. Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses. 7. Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses. E Loft Snace within a Stable 1. Loft may be permitted above the agricultural space of the stable only. Ordinance No. 319 9 1. Tack room shall only be used for activities that impact the senses in a manner similar or less than that of traditional stable activities. Furthermore, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited. Such permitted activities shall be deemed to be "passive activities" for the purpose of this Chapter. 2. Tack room shall not be used as sleeping quarters for humans. 3. Tack room shall not exceed 40% of the size of the stable, including the size of the loft, if any, except as specified in Section 17.18.060(A)(4) and may not exceed 800 square feet. . 4. Tack room may contain furniture, excluding beds. 5. Tack room may have finished floors, walls and ceiling. 6. Tack room may have glazed (glass) window openings. 7. Tack room may have standard size doors. 8. Tack room may have amenities such as air conditioning, heating, electrical and phone outlets. . 9. Tack room may have a kitchenette and sanitary facility, including shower, sink and toilet. 10. Building and Safety Department review and building permits shall be required for all modifications. 11. All modifications and retrofitting of the tack room space shall be made in such a manner so that it could be convertible to a tack room, at such time as the structure is to be used for keeping of animals. 12. Tack room may be detached from the main stable structure, however it shall meet all the requirements for a tack room as specified in this section. D. AP-ricultural Snace Within the Stable 1. Agricultural space shall be no less than 60% of the size of the stable including the size of the loft, if any, except as specified in Section 17.18.060(A)(4). Agricultural space may contain, but not be limited to stalls, wash racks, feed room, hay storage room, grooming area, tools and utilities storage area and other equestrian and agricultural spaces. The agricultural space may be used for storage of vehicles and general household items, but shall have a stable like appearance. 2. Entry doorways to the stalls shall be no less than a 4 -foot wide and 8 feet high. 3. The exterior doors shall provide the appearance of a stable door. 4. Roll up or overhead doors are prohibited. 5. Ventilation and drainage facilities shall be subject to building code requirements. 6. Safety electrical outlets with covers may be installed, however they shall be located out of horses' reach when the space is used for keeping of horses. 7. Glazed (glass) window openings may be permitted during a time when the stable is not used for keeping of animals, but shall be removable for easy conversion to animal keeping uses. E Loft Snace within a Stable 1. Loft may be permitted above the agricultural space of the stable only. Ordinance No. 319 9 2. Loft may be used and counted as part of the agricultural space or as a tack room space, provided it meets the agricultural or tack room space requirements of Section 17.18.060 (C) and (D)). 3. Loft may not be used as a tack room, if another tack room exists within the stable structure or elsewhere on the property. 4. Glazed (glass) window openings shall not be allowed in a loft if a loft is used for storage of hay, feed or other agricultural use. Notwithstanding the above, if the loft is used as other storage or working area or as a tack room, then removable glazed openings may be allowed. 5. The plate height for the wall of the loft shall be no greater than 7 feet. 6. If a loft is constructed in such a way that access is provided from the exterior, the area immediately adjacent to the exterior of the loft shall not be paved, but may have a porous surface. 7. The area immediately adjacent to the exterior of the loft shall not be used for parking of vehicles, except for vehicles delivering agricultural goods and equipment. Section 17.18.070 Requirements for aviaries requiring conditional use hermit. All aviaries over 200 square feet shall meet the following requirements: 1. Shall not be located on lots of less than 5 acres. 2. The roof shall not exceed a peak height of sixteen feet. 3. Shall not be located on a portion of the lot where the slope is greater than 4:1. 4. Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than 25 feet from side property line in the RAS -1 zone, no less than 35 feet from the side property line in the RAS -2 zone and no less than 25 feet from side roadway easement line. 5. Shall be located a minimum of 35 feet from any residential structure including attached garage or a guest house, located on the same lot, and a minimum of 100 feet from a residential structure, including attached garage or a guest house located on adjoining lots. 6. Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California. Commercial uses shall not be permitted. 7. Shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16. 8. May be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this Chapter. 17.18.080 Requirements for wildlife rehabilitation facility Wildlife rehabilitation facility shall meet the following requirements: 1. Shall not be located on lots of less than 5 acres. 2. The combined square footage of structures devoted to the rehabilitation activities shall not exceed 800 square feet. 3. Shall comply with all requirements of the California Department of Fish and Game, Wildlife Rehabilitation Program permitting and construction requirements. Proof of approval to construct and proof of approval to conduct wildlife rehabilitation activities from all appropriate state agencies shall be provided to the City prior to issuance of a building permit. 4. The roof shall not exceed a peak height of twelve feet and average height not to exceed ten feet from the finished grade. 5. Shall not be located on a portion of the lot where the slope is greater than 4:1. 6. Shall not be permitted in the front yard or in the rear yard setback, shall be located no less than 25 feet from side property line in the RAS -1 zone, no less than 35 feet from the side property line in the RAS -2 zone and no less than 25 feet from side roadway easement line. Ordinance No. 319 10 7. Shall be located a minimum of 35 feet from any residential structure including attached garage or a guest house located on the same lot, and a minimum of 100 feet from a residential structure including attached garage or a guest house located on adjoining lots. 8. Shall be used for the exclusive purpose of keeping permitted birds and small animals indigenous to the State of California and the rehabilitation thereof. Commercial uses shall not be permitted. 9. Every two years from the approval of a wildlife rehabilitation facility, the property owner shall file with the City a statement of continuance of the wildlife rehabilitation activities. If such use is discontinued for two years, the wildlife rehabilitation facility shall be removed. 10. The rehabilitation facility shall be counted towards structural, total, building pad coverage or disturbed area of the net lot for purposes of Chapter 17.16. 11. The rehabilitation facility shall be permitted in addition to the construction of a stable and shall not be counted towards the size of the stable for purposes of this Chapter. 17.18.090 -Requirements for corrals ereater than 550 sauare feet. Notwithstanding Section 17.18.060(B)(4) of this Chapter, corrals greater than 550 square feet shall meet the following requirements: 1. Corral shall be fenced. 2. Corral shall not be located on a portion of the lot where the slope is greater than 4:1. 3. Corral shall not be permitted in the front yard of the lot and shall be located no less than 25 feet. from side property line in the RAS -1 zone, no less than 35 feet from the side nronerty line in the RAS -2 zone. no less than 25 feet from the side roadway easement line and no closer than 25 from the rear property line. 4. Corral shall be contiguous to a stable. 5. Corral shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house. 6. Corral shall be used for the exclusive purpose of keeping permitted domestic animals. Commercial uses shall not be permitted. 7. Corral does not have to be removed if no longer needed for keeping of animals, but shall not be paved. 8. Corral is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16. 17.18.100 Reauirements for horseback riding rinizs Notwithstanding Section 17.18.060(B)(4) of this Chapter, horseback riding rings shall meet the following requirements: 1. Horseback riding ring shall be fenced. 2. Horseback riding ring shall not be located on a portion of the lot where the slope is greater than 4:1. 3. Horseback riding ring shall not be permitted in the front yard of the lot and shall be located no less than 25 feet from side property line in the RAS -1 zone, no less than 35 feet from the side property line in the RAS -2 zone, no less than 25 feet from the side roadway easement line and no closer than 25 from the rear property line 4. Horseback riding ring shall be located a minimum of 35 feet from any residential structure, including attached garage or a guest house. 5. Horseback riding ring shall be used for the exclusive purpose of keeping and exercising permitted domestic animals. Commercial uses shall not be permitted. 6. Horseback riding ring does not have to be removed if no longer needed for keeping of animals, but shall not be paved. It shall be kept in good repair at all times. 7. Horseback riding ring is not to be counted towards structural, total and building pad coverage for purposes of Chapter 17.16. Ordinance No. 319 11 Section 17.18.110 Measuring distances between uses A. The distance from a stable structure to any residential structure, including attached garage and guest house shall be measured from the footprint of the stable covered porch, or if no porch then from the footprint of the stable to the nearest footprint of the structure. B. The distance from pen, paddock, corral, turnout, riding ring, aviary and similar uses shall be measured from the footprint of the outermost fence to the nearest footprint of the residential structure including attached garage and guest house. Section 17.18.120. Non -permitted materials Animal shelters shall not be covered with plastic, canvas or other fabric. Section 17.18.130 Maintenance requirements A. Stables and related areas shall be maintained in sanitary conditions. B. Animal waste shall not be allowed to accumulate, runoff or leach as to create a nuisance or be offensive to other persons in the vicinity. Animal manure shall be regularly disposed of in an approved manner or be composted. C. Each structure and related areas for keeping of animals shall be maintained so that there is no standing surface water or ponding within areas in which animals are kept. D. No stable or related areas for the keeping of animals shall be constructed or maintained in any regular, intermittent or seasonal watercourse or in a drainage course. E. Stables and related areas shall' comply with all requirements of Chapter 8.32 relating to storm water and urban runoff pollution control measures, including the implementation of good housekeeping provisions. Section 17.18.140 Nonconformities and Modifications A. All existing buildings, structures, enclosures and uses of land related to animal keeping, which are used as stables and related animal keeping uses, but which do not conform to the provisions of this chapter due to the size of the agricultural and the tack room space, plate height of the loft, size of corral and access, or other requirements and which were legally constructed prior August 12, 2010, shall be considered legal nonconforming. B. Legal nonconforming stables and related structures, as described above, may be remodeled, repaired, re -roofed and generally maintained within the existing footprint of such structures. However, any addition or expansion shall conform to the requirements of this chapter, including the provision for obtaining a conditional use permit. C. Should a legal nonconforming stable be destroyed by fire, explosion, earthquake or other casualty it may be reconstructed subject to the requirements of Chapter 17.24 Nonconforming Uses and Structures. D. Area of property that was approved in the permitted rear yard setback as a set-aside area for a future stable and corral prior to August 12, 2010, may be developed for such purpose, providing all of the requirements of this chapter, including, but not be limited to the requirement of a conditional use permit are met. E. Any modifications made to an existing, legally constructed stable prior to August 12, 2010, including windows, doors, electrical, plumbing, roofing, walls and all other improvements that are not reflected on an approved plan and/or for which building permits were not obtained from Building and Safety Department, but which meet the requirements of this chapter, including size of the interior spaces and uses, shall be submitted for review and approval by the City and building permits obtained. If the modified stable meets the requirements of this chapter, a conditional use permit shall not be required. Ordinance No. 319 12 1 1 F. If an existing stable structure or portion thereof is currently used as sleeping quarters, a guest house or any other use not permitted in this chapter, such use shall cease. G. If an existing stable structure is 800 square feet or less and is used for other than the permitted uses enumerated in this chapter, the property owner may apply for a conditional use permit to legally convert that structure to another permitted accessory use, providing a suitable and developable area of not less than 1,000 square feet for a future viable stable and corral is set aside elsewhere on the lot. The Planning Commission may limit such conversion to a specific use and/or require modifications to the structure, such as, but not be limited to relocating doors, windows and other features, so that adjacent neighbors are not adversely affected. Such conversion and construction shall be subject to building code requirements and a building permit shall be obtained. H. If an existing stable structure is larger than 800 square feet and is used for other than the permitted uses enumerated in this chapter, the property owner may apply for a conditional use permit to legally convert that structure to a permitted mixed use structure, subject to the requirements of Section 17.16.210 (6) of this Title, providing that the area used for other than the stable use is not greater than 800 square feet, and providing that the remaining structure meet the requirements of this chapter. The Planning Commission may limit such conversion to a specific use and/or require modifications to the structure, such as, but not be limited to relocating doors, windows and other features, so that adjacent neighbors are not adversely affected. Such conversion and construction shall be subject to building code requirements and a building permit shall be obtained. I. If an existing stable structure was legally constructed with a loft and the entire structure, including the loft, is not used for the permitted uses enumerated in this chapter, the structure and the loft shall be modified to meet the requirements of this chapter. Pursuant to the requirements of Section 17.18.060 of this chapter, the loft area may be used for a tack room with the remaining structure being used for agricultural uses including storage. If the lower portion of the structure contains a tack room, the loft may only be used for storage of agricultural and households goods and shall not have a kitchenette or other plumbing facilities. Such conversion or modification shall be subject to building code requirements and a building permit shall be obtained. J. All properties having stables and other animal keeping uses shall be brought to compliance with the requirements of this chapter by August 12, 2012. Within two years of the adoption of this ordinance, residents may request a compliance inspection of their stable and animal keeping uses on their property to be conducted by the City. B. Amend Chanter 17.12. DEFINITIONS as follows: 1. Add the following to Section 17.12 010 "A" words, terms and phrases. "Agricultural Space" means an area within a stable designed and constructed to house permitted domestic animals, farm implements, hay, grain, or other horticultural products and equipment. It may also include storage of vehicles and storage of household items. Such space shall not be a place for human habitation or be used as sleeping quarters. "Animal" means any animal including but not limited to poultry, bird, reptile, fish, dog, cat, horse and livestock. "Animal, Domestic, small", means animals customarily kept in a house as a pet, such as dogs, cats, fish and cage birds. Small domestic animals also include but are not limited to miniature horses, donkeys, mules, fowl such as chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squab, other similar fowl, rabbits, goats, sheep and bees. Ordinance No. 319 13 "Animal, Domestic, large", means animals customarily kept on a property such as, but not limited to horses, other equines and cattle. "Animal shelter" means an area enclosed on one or more sides, or roofed, where permitted animals are kept, including but not be limited to a cage, pen, aviary, run -in - shed, stable or roofed free standing structure. "Animal pen or cage" means a fenced area of land or an enclosure, made from wooden, metal or plastic slots or wire, in which to keep small animals. "Aviary" means an enclosure or large cage where birds are kept. 2. Amend the following in Section 17.12 010 "A" words, terms and phrases to read as follows: Animal, Domestic. "Domestic animal" means an animal customarily kept in a house as a pet, such as dogs, cats, fish and cage birds. Domestic animal also includes but is not limited to horses, other equines, cattle, fowl, rabbits, goats, sheep and bees. No wild or exotic animal shall be considered domestic animals. 3. Add the following to Section 17.12.030 "C" words, terms and phrases "Cage", see animal pen and aviary. 4. Amend the following in Section 17.12.110 "K" words, terms and phrases to read as follows: "Kitchen" means a room or portion thereof containing facilities designed or used for the preparation, serving and consumption of food, and may contain, any but not be limited to the following: shelves, cabinets, countertops, table, chairs, sink, stove, oven, cook top, range, hot plate, microwave, grill, dishwasher, refrigerator. 5. Add the following to Section 17.12.110 "K" words, terms and phrases, to read as follows: "Kitchenette" means a room or portion thereof, primarily in a permitted detached accessory structure or tack room designed or used for the serving and consumption of food for recreational functions and guest snacks and if in a tack room primarily for keeping of animal medication and related food and in conjunction with approved uses for a tack room. A kitchenette may contain the following: sink, shelves, cabinets, table, chairs, countertops, hot plate, microwave, dishwasher and a refrigerator. 6. Add the following to Section 17.12.120 "L" words, terms and phrases "Loft" means an area above a stable utilized for storage of feed and hay, saddles, bridles, other horse equipment and similar equestrian or agricultural related items, or tack room uses, but excludes sleeping quarters. 7. Amend the following in Section 17.12. 13 "M" words, terms and phrases, to read as follows: "Mixed use structure" means a structure detached from the primary building and used or designed to be used for a garage or for two or more of the following uses: garage, keeping of horses or other permitted animals, storage of equestrian, agricultural and general household goods, recreational purposes, an office, a study or other uses. Two or more of the same uses within the structure are not permitted. If any of the uses include keeping of horses or other permitted animals, no portion of the structure may contain a guest house or sleeping quarters for humans. 8. Add the following to Section 17.12.160 "P" words, terms and phrases Ordinance No. 319 14 1 C 1 "Plate Height" means the height of a building measured from the finished floor level to the top of the wall. 9. Add the following to Section 17. 12.180 "R" words, terms and phrases "Run -in -shed" means a not to exceed 240 square foot free standing structure for sheltering of animals, enclosed on three sides and a roof and containing one or more large space that animals can enter and leave at will. Such structure, if larger than 240 square feet shall be considered a stable and shall meet all of the requirements for a stable. 10. Add the following to Section 17.12.190 "S" words, terms and phrases "Shed" means a structure, not to exceed 120 square feet, enclosed on all four sides, either free-standing or attached to a larger structure, used especially for storage of domestic or equestrian or agricultural related items or as a play room. Shed is not for keeping of animals. Shed may not contain a sanitary facility or a kitchenette. 11. Amend Section 17.12. l 90 "S" words, terms and phrases to read as follows: "Stable" means the same as "barn" and is a building or a portion of a building designed and constructed to shelter permitted domestic animals and store farm implements, hay, grain, equestrian and horticultural related items and. equipment. Stable may include agricultural space, loft and tack room space. Stable shall not be a place for human habitation, except for uses specifically permitted in the tack room; it may not be rented out or be used for human sleeping or commercial purposes. 12. Amend Section 17.12.200 to read as follows "Tack room" means a room, building or structure, in conjunction with an established stable or corral, utilized primarily for storage of saddles, bridles, other horse equipment and similar equestrian or horticultural related items, as well as the storage of tools, furniture and other general households items. Tack rooms may contain a kitchenette and sanitary facility consisting of a sink, toilet and shower. Tack room may be used for passive activities but shall not at any time be rented out or be used as sleeping quarters for humans. For the purpose of this defmition, all activities that are loud, raucous, annoying, or that produce unusual noises, lighting or other impacts that offend the peace and quiet of persons or ordinary sensibilities and interferes with the comfortable enjoyment of life or property of any neighboring property are prohibited and are not considered "passive activities". C. AMEND SECTIONS 17.16.030 THROUGH 17.16.46 and the APPENDIX IN THE ZONING ORDINANCE AS FOLLOWS: 1. Amend Section 17.16.030 Accessory uses and structures to read as follows: The following uses and structures are permitted as accessory to a legally established single-family residence. Certain accessory uses and structures below are subject to special requirements, as set forth in Section 17.16.200 and Section 17.18.040 of this Title and may be subject to a Site Plan Review process as provided in Chapter 17.46 of this Title. A. Animal pen, cage; aviary, paddock subject to Section 17.18.040 B. Run in shed subject to Section 17.18.040 C. Stable and corral subject to Section 17.18.040 D. Roofed freestanding animal shelter open on all sides subject to Section 17.18.040 E. Turnout subject to Section 17.18.040 F. Greenhouse G. Noncommercial radio antenna H. Keeping of domestic animals except swine, subject to Chapter 17.18 of Title 17 and Title 6 of the Municipal Code , I. Outdoor storage of recreational vehicles, boats or trailers; J. Satellite dish antenna Ordinance No. 319 15 K. Swimming pool, including outdoor spa, pool equipment, bath or jet pool and similar water features L. Freestanding storage shed, detached trellis or detached covered porch, gazebo, outdoor bar, barbecue or fireplace, fountains and similar structures M. Trellis, covered porch, covered patio, covered entryway or porte cochere attached to the main residence or to an accessory structure N. Walls, including a retaining wall, rubble wall, planter wall and similar walls O. Playhouses and playground equipment P. Solar panels 2. Amend Section 17.16.040 Conditional uses to read as follows: The following uses are permitted in the RA -S zone, provided a conditional use permit has been issued as provided in Chapter 17.42 of this Title and continues to remain in effect. Many of the uses requiring conditional use permits are subject to special requirements, as identified in Section 17.16.2 10 and Section 17.18.060 through 17.18. 100 of this Title, and besides requiring a Conditional Use Permit may require a Site Plan review. A. Conditional Uses Requiring Primary Residential Use. The following conditional uses may be permitted on property with a legally established single-family residence and on which provision is made for a legally required and accessible stable and corral area: 1. More than one driveway for vehicular access from a roadway, except for a driveway leading exclusively to a stable or tack room as provided in Section 17.18.060 of Chapter 17.18. 2. Aviary over 200 square feet in size, subject to Section 17.18.070 of Chapter 17.18. 3. Cabana. 4. Detached recreation room, pool house and hobby shop. 5. Detached garage. 6. Guest house. 7. Horseback riding ring subject to Section 17.18. 100 of Chapter 17.18. 8. Mixed use structure. 9. Recreational game courts, except those located in the basement or underground. 10. Stable over 200 square feet in size, subject to Section 17.18.060 of Chapter 17.18. 11. Corral over 550 square feet subject to Section 17.18.090 of Chapter 17.18. 12. Wildlife rehabilitation facility subject to Section 17.18.080 of Chapter 17.18. 3. Amend Section 17.16.080 B 2 Heiszht limitation to read as follows: B. Exceptions. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this Title. 4. Amend Section 17.16.120A Side setback to read as follows: A. Requirements for RA -S-1 Zone. Every lot or parcel shall have a side setback measuring no less than twenty feet from the side property line, except that: (i) If an Association easement, located along the side property line, is improved with a roadway, then the side setback shall be no less than ten feet from the interior edge of that easement, and: (ii) The side setback to a stable, corral, turnout, horseback riding ring, run -in -shed, aviary, pen, cage, or other animal keeping facility shall be minimum 25 feet from a side property line or from the interior edge of a roadway easement line if an Association easement located along the side property line is improved with a roadway. Ordinance No. 319 16 5. Amend Section 17.16.150 H and J Structures and driveways permitted in setbacks to read as follows: H. Stables, corrals, pens, paddocks, turnouts and other animals holding facilities may be located in the rear setback subject to the requirements of Chapter 17.18 of this Title. J. Delete subsection J in its entirety 6. Amend Section 17.16.160 A 1 Access and parkina to read as follows: 1. Each developed lot is permitted only one driveway as access to a maintained roadway, except as otherwise permitted by Sections 17.16.040(A)(1) and 17.18.030. 7. Amend Section 17.16. 170 Stable and corral site reauired to read as follows: A. Every lot or parcel in the RA -S zone is required to have an area developed with or set aside and usable for a stable, contiguous corral and access thereto. Every lot or parcel for which a discretionary (including Site Plan Review, Conditional Use Permit or Variance) or administrative approval is required by this title in connection with the construction of a new single-family residence, the addition to an existing single-family residence, the construction of an accessory structure subject to a conditional use permit and the construction of a pool shall have an area developed with or set aside for a stable, corral and access thereto that complies with the criteria set forth in Chapter 17.18 of this Title. B. In the event that a future stable and corral area shown on a plan in connection with a request for approval is located in an area that would require. the approval of a variance, the variance shall be considered concurrently with the development application. 8. Amend ° Section 17.16.200 A. B. D and F Conditions for accessory structures to read as follows: Amend subsection A to read: A. Stable, corral, turnout and all other structures and uses relating to keeping of permitted domestic animals subject to Chapter 17.18 of this Title. Delete subsections B and D in their entirety and re -letter the remaining subsections. Amend subsection F. Keeping of Domestic Animals to read: D. Keeping of Domestic Animals. All activities shall comply with applicable provisions of Title 6 of the Rolling Hills Municipal Code, Chapter 17.18 of this Title and the Los Angeles County Health and Safety Code. 9. Amend Section 17.16.2 10 A Condition for conditional use permits as follows: A. Delete subsection 3 Corral Requiring Grading in its entirety. B. Amend subsection 6 e, f and g Mixed Use Structure to read as follows: e. If a portion of the structure is intended to be used as a stable, that portion of the structure, in addition to meeting the requirements of this subsection shall be subject to the requirements of Chapter 17.18 of this Title. f. - If a portion of the structure is intended to be used as a garage, there shall be no sleeping quarters, occupancy, kitchen or kitchenette facilities, but a sanitary facility including a sink and toilet maybe permitted. The remainder of the structure and its uses shall comply with the provisions of this section for each individual use. g. A loft area may be constructed only over the stable portion of the mixed use structure, subject to the requirements of Chapter 17.18 of this Title. Ordinance No. 319 17 10. Amend CHAPTER 17.44 ZONE CLEARANCE Section 17.44.020A. Applicability shall read as follows: Zone clearance shall be required for the following projects, structures and uses: A. The construction of a stable, run-in shed, corral, turnout, aviary and other related agricultural structures and uses as specified in Section 17.18.040 of Chapter 17.18, and which do not require grading. 11. Amend CHAPTER 17.46 SITE PLAN REVIEW as follows: Delete subsection (a) from Section 17.46.020 A.2. (a) and re -letter the remaining subsections 12. Amend APPENDIX A —INDEX OF PERMITTED USES BY ZONE DISTRICT to read as follows: INDEX OF PERMITTED USES BY ZONE DISTRICT The following matrix lists the land uses which are permitted and not permitted in each of the City's zone districts. The symbols listed below describe the use regulations applicable to each land use in each zone. "P" indicates that the use is permitted by right. "A" indicates that the use is permitted only as an accessory use. "A*" indicates that the use is permitted only as an accessory use and that special conditions apply to that use, as described in Chapters 17.16, 17.18 and 17.20. "C" indicates that the use requires a conditional use permit and may be permitted only in conjunction with a legally established single-family residence. "CP" indicates that the use requires a conditional use permit and may be permitted as a primary use on a lot. "C*" indicates that the use requires a conditional use permit and may be permitted only in conjunction with a legally -established single-family residence, and that special conditions apply to that use, as described in Chapters 17.16, 17.18 and 17.20. "CP*" indicates that the use requires a conditional use permit and may be permitted as a primary use on a lot, and that special conditions apply to that use, as described in Chapters 17.16 and 17.20. "T" indicates that the use is permitted only as a temporary use. "X" indicates that the use is prohibited. List of Uses A: Agricultural use (tree, bush, or field crop) Animal keeping (all domestic except swine) Aviary B: INDEX OF PERMITTED USES Zone District j RA -S-1 RA -S-2 ; PF i IP iP X I i j A* . A* X i I A* and C* A* and C* X Ordinance No. 319 1.8 Barn (see stable) ^^ A* and C*- �- - A* and C* X X Cabana C* C* - Civic center X - - - - -� X - - - -- -- - - -P- Corral or pen (no A* and C* A* and C* X - grading)- Corral or pen (with A* and C* A* and C* X - D: Driveway, more than C* C* P one E: Fire station CP CP CP Game courtC* C* P Garage, attached _ P__-_ P P Garage, detached _—_C* - —^ __ C* -- _— P Gate house _ CP CP P Golf course X X CP Greenhouse A A A Guest house C* C* X Hobby shop C* C* X J: -L. - —_�- -- - --- _- - — -- _ --- ----- Library, public X X CP Library, private X X X Manufactured CP* CP* X homes, temporary Mixed-use structure C* C* X Multi -family X X X residence Museum, public X X CP Museum, private _. X _ - X- _._ , _----X.____._--__-_-._-- O: Office, commercial X X CP* Park CP CP CP Parking, off-street X X A ----,-CP CP CP _Playground Playhouses and --- -- �- --� ---- - - playground A* A* P Police station_ - _X - X CP Public utility CP _ CP _ CP building or structure Public transportation (no school district CP* CP* X property) R: Radio antenna A* A* A (noncommercial) ------i—_ __ Recreation room, P P P attached Recreation room, C* C* P Ordinance No. 319 19 detached { Recreation game i See "Game court" court Recreational vehicle I A* storage, outdoor i Recycling center ' X Reservoir CP Riding ring (more j C* than 7,200 sq. ft.) I S: Satellite dish antenna A* School, elementary CP School, secondary X Solar panels A* Single-family P residence Stable A* and C* Swimming pool less f than 800 sq. ft. A (includes outdoor spa, bath, or jet pool) Swimming pool 800 I sq. ft. or larger (A* (includes outdoor ± spa)_ T: Turnout (7,200 sq. i A* ft. or less) { U: j V: I W: Wildlife ! C* rehabilitation facility X: { Y: I Z: A* X CP + C* A* CP X A* P f A* and C* A* A* C* Ordinance No. 319 20 X CP CP X ; !A CP ;X A X A .P P X 1 1 1 ORDINANCE NO. 320 AN ORDINANCE OF THE CITY OF ROLLING HILLS APPROVING A ZONING MAP AMENDMENT TO CHANGE ZONING CLASSIFICATION OF A PORTION OF A LOT HAVING AN APN NO. 7567-001-901 FROM RAS -1 TO RAS -2 ZONING CLASSIFICATION, IN ZONING CASE NO. 790, ZONING MAP AMENDMENT NO. 2010-01, AND ADOPTING A MITIGATED NEGATIVE DECLARATION. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1 The Planning Commission adopted Resolution No. 2010-19 on September 14, 2010, recommending that the City Council adopt an ordinance amending the City of Rolling Hills ZONING MAP to change the zoning classification of a portion of a lot zoned RAS -1 (Residential Agricultural Suburban, minimum one acre lot size) to RAS -2, (Residential Agricultural Suburban, minimum 2 acres lot size). The subject property is a portion of the City owned lot along Poppy Trail Road (APN 7567-001-901), which will be transferred to a lot at 1 Poppy Trail Road, pursuant to Zoning Case No. 788, Lot Line Adjustment No. 2010-02. The area under consideration is shown in the attached Exhibit "A" which is made a part of this Ordinance. Section 2. Chapter 17.50 of the Zoning Ordinance establishes procedures to allow for properties to be rezoned, where it is deemed consistent with City land use policies and in the interest of the public health, safety and general welfare. Section 3. The City Council held duly noticed public hearings on September 27, and October 4, 2010, to review the proposed amendment and visited the project site on August 17, 2010. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council reviewed, analyzed and studied said proposal. Section 4. The City Council public hearing was noticed in the Palos Verdes Peninsula News on September 16, 2010, City's Newsletter, Rolling Hills web site, and all residents within 1,000 -foot radius of the project were mailed notices of the public hearing. Additional persons who expressed interest in this topic were provided a copy of the staff report and/or were informed of the hearing. Section 5. An initial environmental study for the project was prepared. The initial study found that the project would not have a significant effect on the environment if certain measures were included in the project. Therefore, a Mitigated Negative Declaration was prepared with mitigation 'measures and was circulated to the applicant and other interested parties in accordance with State of California CEQA Guidelines. The City Council has reviewed the proposed Mitigated 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 there will not be a significant effect in this case on the environment. Based upon these findings, the City Council hereby adopts the Mitigated Negative Declaration in accordance with the California Environmental Quality Act. Section 6. The Land Use Element of the General Plan designates the area subject to the rezoning application as Open Space Recreation and the area immediately adjacent thereto, to which it was transferred, as Very Low Density Residential. The designation of Very Low Density Residential will remain in the General Plan. The proposed rezoning is compatible with the environmental characteristics and lot sizes of the adjacent area and in the best interest of the City. Section 7. The City Council has considered the evidence, both written and oral, presented in connection with this application and finds as follows: A. The area of real property subject to this application is located adjacent to an area composed of lots, which are more than two acres in net lot area and that the lot to Ordinance No. 320 which this real property was folded into is presently zoned RAS -2, (Residential Agricultural Suburban, minimum 2 acres lot size), and B. To provide for the highest and best use of the transferred real property, such property should be zoned RAS -2 and placed into the RAS -2 zone district, and C. By reasons of the foregoing the public peace, safety, health and general welfare of the residents of the City of Rolling Hills will be preserved, protected and promoted by rezoning the portion of the City lot that was transferred to Parcel 90- B-RH from RAS -1 to RAS -2, and D. That the change of zone of said real property described herein and set forth in the findings is necessary and is recommended to carry out the general purpose of the City's Zoning Ordinance. E. That based on the foregoing findings, the City Council adopts an Ordinance amending the City of Rolling Hills Zoning Map. PASSED, APPROVED, AND ADOP' ATTEST: HEIDI LUCE DEPUTY CITY CLERK 1 1 Ordinance No. 320 2 1 r—� STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance.No. 320 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS APPROVING A ZONING MAP AMENDMENT TO CHANGE ZONING CLASSIFICATION OF A PORTION OF A LOT HAVING AN APN NO, 7567-001-901 FROM RAS -1 TO RAS -2 ZONING CLASSIFICATION, IN ZONING CASE NO. 790, ZONING MAP AMENDMENT NO. 2010-01, AND ADOPTING A MITIGATED NEGATIVE DECLARATION. was approved on October 4, 2010 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 320 3 CWjA1d&b HEIDI LUct" DEPUTY CITY CLERK EXHIBIT A PORTION OF LOT 34, L.A.C.A. MAP No. 51 EXISTING RAS -2 ZONING �n EP9EMENT1 S 554- E ly + PORTION OF LOT 90 I O 1d EXISTING ti ROLLING HILLS E ; RAS -2 ZONING - �,. NOTTAAPART s� Sze II 8' EXISTING I� N' RAS -2 ZONING z 99 O PORTION OF LOT 9, �y $ ,t1 1 T I PORTION OF LOT ,� �•y I ZG I ROLLING HILLS TRACT (� 17,22 ` C ,�o• I O I NOT A PART N TRACT 19040 AND ��%• D + LOT 34 LACA 51 304,892 SO. FT. ��' �� `�?!• 1 \ 7.00 AC. EXISTING RAS -2 ZONING �':°°'J• � 'o'• •ooh. ` LOT 1 — — — — RECORD OF SURVEY BK.85, PG 70 �+ 't GROSS LOT AREA 217,891 SO.FT. OLD ZONING LINE • 5.00 AC. �•� T` _ 1:9R 1 .`._ 3q� �, UWN � E _ ��/ � / // \ oqp .. 100 SADDLEBACK ROAD REZONE ._F_ROM.L ' i '— 8• \ PORTION OF LOT 73 '--� - �: \ ROLLING HILLS TRACT R_A_S_1- TO: R_AS-2� / \ NOT A PART EXISTING RAS -2 ZONING PORTION LOTS 191 1 + ` S , ' �V AND 3� +$ + EXISTING RAS -1 ZONING A L.A.C. MPP No. 51 + • NOT A PART + + \ , / \ �.; CITY OF ROLLING HILLS \ PORTION OF LOT 34 \ + ++ \ L.A.C.A. MAP No. 51 \ �� + ` 44 SO. FT. \ ��--� +++ ++1 �\10.1\\\ �\ . •` 10.17 AC. \ � 41� EXISTING RAS -1 ZONING 2POPPYTRAIL 1 I 1 PORTION OF LOT 2 II I TRACT No. 32071?7��, y NOT A PART X to J ORDINANCE NO. 321 AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING SECTION 10.64.050 PERTAINING TO THROWING SUBSTANCES AT VEHICLES; ADDING SECTIONS 10.64.210 AND 10.64.220 PERTAINING TO DRIVING OFFENSES AND EVIDENCE OF FINANCIAL RESPONSIBILITY; REPEALING SECTION 10.76.030 AND AMENDING SECTION 10.76.040 PERTAINING TO ARRESTS; REPEALING SECTION 10.84.010 PERTAINING TO FELONIES; AMENDING SECTION 10.84.030 PERTAINING TO INFRACTIONS; AND ADDING SECTION 1.08.015 PERTAINING TO GENERAL PENALTIES OF THE ROLLING HILLS MUNICIPAL CODE The City Council of the City of Rolling Hills, California does hereby ordain as follows: Section 1: Section 10.64.050 of Title 10, Chapter 10.64 the Rolling Hills Municipal Code is hereby amended to read as follows: 10.64.050 Throwing substance at vehicle. Any person who throws any substance at a vehicle or any occupant thereof on a street is guilty of a misdemeanor. Section 2: Sections 10.64.210 and 10.64.220 are hereby added to Title 10, Chapter 10.64 of the Rolling Hills Municipal Code to read as follows: 10.64.210 Driving offenses. A. No person shall drive any vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council. This subsection shall not apply to: 1. A person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity; 2. An emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165 of the California Vehicle Code, in the course and scope of his or her duties.; 3. A person driving a schoolbus or transit vehicle that is subject to Section 23125 of the California Vehicle Code; or 4. A person while driving a motor vehicle on private property. B. No person shall drive any vehicle while using a wireless communications device to write, send, or read a text -based communication. As used in this subsection, "write, send, or read a text -based communication" means using an electronic wireless communications device to manually communicate with any person using a text -based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail. For purposes of this subsection, a person shall not be deemed to be writing, reading, or sending a text -based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call. A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council. OrdinnnrP Nn 171 This subsection does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165 of the California Vehicle Code, in the course and scope of his or her duties. C. No person under the age of eighteen years shall drive any vehicle while using a wireless telephone or mobile device, even if equipped with a hands-free device, or while using a mobile service device. A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council. For the purposes of this subsection, "mobile service device" includes, but is not limited to, a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device. A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating this subsection. This limitation does not prohibit a law enforcement officer from stopping a vehicle for a violation of Subsection A of Section 10.64.2 10 of the Rolling Hills Municipal Code. This subsection does not apply to a person using a wireless telephone or a mobile service device for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. 10.64.220 Duty to provide evidence of financial responsibility. A. Upon the demand of a peace officer, or upon the demand of a peace officer or traffic collision investigator, every person who drives a vehicle shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision. B. Upon the demand of a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, and who is summoned to the scene of an accident, the driver of any motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of this subdivision. A traffic collision investigator may cause a notice to appear to be issued for a violation of this subdivision, upon review of that citation by a peace officer. C. A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council. Section 3: Section 10.76.030 of Title 10, Chapter 10.64 of the Rolling Hills Municipal Code is hereby repealed in its entirety. Section 4: Section 10.76.040 of Title 10, Chapter 10.64 of the Rolling Hills Municipal Code is hereby amended to read as follows: 10.76.040 Arrest required when. Whenever any person is arrested for any violation of this title, the arrested person shall be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases: A. When the person arrested fails to present his driver's license or other satisfactory evidence of his identity for examination; B. When the person arrested refuses to give his written promise to appear in court; (1rrlinnnr.P No '1? 1 -?- 1 1 1 C. When the person arrested demands an immediate appearance before a magistrate; D. When the person arrested is charged with violating Section 10.64.010, driving while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug. Section 5: Section 10.84.010 of Title 10, Chapter 10.84 of the Rolling Hills Municipal Code is hereby repealed in its entirety. Section 6: Section 10.84.030 of Title 10, Chapter 10.84 of the Rolling Hills Municipal Code is hereby amended to read as follows: 10.84.030 Penalty — Infractions. Unless a different penalty is expressly provided by this title, except as otherwise provided in this title, every person convicted of an infraction for a violation of this title shall be punished as set forth in Section 1.08.020(B) of this Code. All violations of this title shall be a misdemeanor, unless the violation is made an infraction by ordinance. Section 7: Section 1.08.015 of Title I, Chapter 1.08 of the Rolling Hills Municipal Code is hereby added to read as follows: 1.08.015 Reclassification of Offenses. A violation of any ordinance that is a misdemeanor may be charged as an infraction when: A. The prosecutor files a complaint charging the offense as an infraction, unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor; or B. The court, with the consent of the defendant, determines that the offense is an infraction. In that event, the case shall proceed as if the defendant had been arraigned on an infraction complaint. Section 8: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Section 9: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 10: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED AND ADOPTED this 10th day of January, 2011. ATTEST: HE ILUC UJ a DEPUTY CITY CLERK OrdinnnnP No 17] _�_ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 321 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING SECTION 10.64.050 PERTAINING TO THROWING SUBSTANCES AT VEHICLES; ADDING SECTIONS 10.64.210 AND 10.64.220 PERTAINING TO DRIVING OFFENSES AND EVIDENCE OF FINANCIAL RESPONSIBILITY; REPEALING SECTION 10.76.030 AND AMENDING SECTION 10.76.040 PERTAINING TO ARRESTS; REPEALING SECTION 10.84.010 PERTAINING TO FELONIES; AMENDING SECTION 10.84.030 PERTAINING TO INFRACTIONS; AND ADDING SECTION 1.08.015 PERTAINING TO GENERAL PENALTIES OF THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on January 10, 2011, by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices HEIDILUCE DEPUTY CITY CLERK flydinsnrP Nn '1? 1 -4- 1 ORDINANCE NO. 322-U. AN ORDINIANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2010 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2010 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2010 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2010 EDITION, TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2010 EDITION AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2010 EDITION AND AMENDING TITLE 15, BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNCIPAL CODE; AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Section 15.04.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.04.010 Adoption of Building Code. Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended and in effect on January 01, 2011, adopting the California Building Code, 2010 Edition (Part 2 of Title 24 of the California Code of Regulations, including Subsections 119.1.2 through 119.1.14 of Chapter 1 of Title 26; Chapters 2 through 35, including Chapter 7A; Appendices C, I and J; is hereby adopted by reference, and shall be known and may be cited as the Building Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Building Code, 2010 Edition, Title 26 of the Los Angeles County Code, or any amendment to the Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2010 Edition, 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. Section 2. . Section 15.04.040 Definitions of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended by adding the following: "Residential Code" means Chapter 15.18 of this code. "Green Building Standards Code" means Chapter 15.22 of this code. Section 3. Section 15.08.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.08.010 Adoption of Plumbing Code. Except as hereinafter provided, Title 28, Plumbing Code of the Los Angeles County Code, as amended and in effect on January 01, 2011, adopting the California Plumbing Code, 2010 Edition (Part 5 of Title 24 of the California Code of Regulations), including Subsections 119.1.2 through 119.1.14, of Chapter 1; Chapters 2 through 16A; and Appendices A, B, D, G, I and K, is hereby adopted by reference and shall constitute and may be cited as the Plumbing Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Plumbing Code, 2010 Edition, Title 28 of the Los Angeles County Code, or any amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. Ordinance No. 322-U -1- A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 2007 Edition, 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. Section 4. Section 15.12.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.12.010 Adoption of Mechanical Code. Except as hereinafter provided, Title 29, Mechanical Code of the Los Angeles County Code, as amended and in effect on January 01, 2011, adopting the California Mechanical Code, 2010 Edition (Part 4 of Title 24 of the California Code of Regulations), including Subsections 119.1.2 through 119.1.14 of Chapter 1; Chapters 2 through 17; and Appendices B, C and D, is hereby adopted by reference and shall constitute and may be cited as the Mechanical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Mechanical Code, 2010 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 2007 Edition, 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. Section 5. Section 15.16.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.16.010 Adoption of Electrical Code. Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 01, 2011, adopting the California Electrical Code, 2010 Edition (Part 3 of Title 24 of the California Code of Regulations), including Sections 89.102 through 89.114 of Article 89; Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G and H is hereby adopted by reference and shall constitute and may be cited as the Electrical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Electrical Code, 2010 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2007 Edition, 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. Section 6. A new Chapter 15.18 (Residential Code) is added to Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal to read as follows: Chanter 15.18 RESIDENTIAL CODE Sections: 15.18.010 Adoption of Residential Code 15.18.020 Short Title 15.18.030 15.18.040 Definitions Amendment -Fees 15 18060 Amendment- Roof Coveri 15.18.100 Violations and penalty 15.18.010 Adoption of Residential Code. ng Except as hereinafter provided, Title 30, Residential Code of the Los Angeles County Code, as amended and in effect on January 01, 2011, adopting the California Residential Code, 2010 Edition (Part 2.5 of Title 24 of the California Code of Regulations), incorporating Sections 102 through 119 of Chapterl, Section 1207 of Chapter 12, Chapters 34,67,69,98,99, and Appendix J of Title 30 of the Los Ordinance No. 322-U 2 Angeles County Code. Chapters 2 through 10, Chapter 44, and Appendix H, is hereby adopted by reference and shall constitute and may be cited.as the. Residential Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Residential Code, 2010 Edition, Title 26 and 30 of the Los Angeles County Code, or any amendment to the Residential Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 30 of the Los Angeles County Code and the California Residential Code, 2010 Edition, 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. 15.18.020 Short title. This chapter shall be known as the "Residential Code of the City of Rolling Hills" and will be referred to herein as "this code." 15.18.030. Definitions. Notwithstanding the provisions of Section 15.18.010, names or terms that are used in this code shall be deemed and construed to have the meaning ascribed to it in Section 15.04.040 of Title 15 of the Rolling Hills Municipal Code. 15.18.040 Amendment -Fees. Notwithstanding the provisions of Section 15.18.010, the fees set forth for this code shall be the same as the fess prescribed for the Building Code in Section 15.04.050 of Title 15 of the Rolling Hills Municipal Code. 15.18.060 Amendment -Roof coverine Notwithstanding the provisions of Section 15.18.010, Section R327.5.2 of the Los Angeles County Residential Code is amended by adding the following: Not more than two hundred square feet of the roof covering of any building or structure shall be replaced or repaired in any 12 month period, measured from the issuance of a final inspection, unless the roof covering is made to conform to the requirements of this Code for new building and structures. 15.18.100 Violations and penalty. 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 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 this code. B. Penalty. Any person, firm or corporation violating any of the provisions of this 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 this 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 7. Section 15.20.010 of Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows: 15.20.010 Adoption of Fire Code. Except as hereinafter provided in this Chapter, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on January 01, 2011, which constitutes an amended version of the California Fire Code, 2010 Edition (Part 9 of Title 24 of the California Code of Regulations), Chapters 1 through 49, and Appendix B, and C of the 2010 Edition of the California Fire Code, and adopting and incorporating herein by reference into this Title 32 of the Los Angeles County Code, the 2009 Edition of the International Fire Code, Chapters 1 through 7, Chapters 9 through 32, Chapters 34 through 45, Chapter 47 and Appendix J, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2010 Edition, International Fire Code 2009 Edition, Title 32 of the Los Angeles County Code, or any amendment to Ordinance No. 322-U the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2010 Edition, and the International Fire Code 2009 Edition 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. 15.20.035 Amendment- Draft system identification sien Notwithstanding the provisions of Section 15.20.010, Section 507.5.10 of the Los Angeles County Fire Code is amended to read: New or existing swimming pools and spas constructed or located in a fire hazard severity zone with capacity of 5,000 or more gallons equipped with draft hydrants shall be identified by the installation of a blue raised reflective pavement marker or identified by other approved means. Section 8. A new Chapter 15.22 (Green Building Standards Code) is added to Title 15 (Building and Construction) of the City of Rolling Hills Municipal Code to read as follows: CHAPTER 15.22 GREEN BUILDING STANDARDS CODE Sections: 15.22.010 Adoption of Green Building Standards Code 15.22.020 Short Title 15.22.030 Definitions 15.22.040 Amendment — Fees 15.22.060 Violations and penalty 15.22.010 Adoption of Green Buildins Standards Code. Except as hereinafter provided, the California Green Building Code, 2010 Edition (Part 11 of Title 24 of the California Code of Regulations), which incorporates and amends the International Building Code, 2010 Edition, published by the International Code Council, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Green Building Standards Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Separate Construction or Demolition ordinance contained in Chapter 8.08 of Title 8 and Water Efficient Landscape ordinance contained in Chapter 13.18 of Title 13 of the Rolling Hills Municipal Code are considered still effective with the adoption of the California Green Building Standards Code. In the event of any conflict between provisions of the California Green Building Standards Code, 2010 Edition, Title 26, 27, 28, 29, 30 or 32 of the Los Angeles County Codes, Title 15 of the City of Rolling Hills Municipal Code or any amendment to the Green Building Code contained in this Chapter, the most restrictive requirements shall prevail. 15.22.020. Short title This Chapter shall be known as the "Green Building Standards Code of the City of Rolling Hills" and will be referred to herein as "this code." 15.22.030 Defmitions Notwithstanding the provisions of Section 15.22.010, names or terms that are used in this code shall be deemed and construed to have the meaning ascribed to it in the California Green Building Standards Code. 15.22.040 Amendment -Fees Notwithstanding the provisions of Section 15.22.010, the fees set forth for this code shall be the same as the fees prescribed by a resolution of the City Council for the Building, Electrical, Plumbing, Mechanical, Residential and Fire Codes of Title 15 of the Rolling Hills Municipal Code. 15.22.060 Violations and penalty. Ordinance No. 322-U 4 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 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 this code. B. Penalty. Any person, firm or corporation violating any of the provisions of this 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 this 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 9. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Green Building Standards Code and Fire Code as adopted by this ordinance and Parts 2, 2.5, 3, 4, 5, 9 and 11 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7. Section 10. The City Council hereby finds that the changes and modifications to the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Fire Code that have been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the State Building Code in Title 26 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. The City Council hereby further finds that the modifications to the State Building, Electrical, Mechanical, Plumbing, Residential and Fire Codes in Titles 26, 27, 28, 29, 30 and 32 of the Los Angeles County Code and Sections 15.04.010, 15.04.040, 15.08.010, 15.12.010, 15.16.010, 15.20.010, 15.20.035 of the Rolling Hills Municipal Code and the addition of new Chapters, Chapter 15.18 and Chapter 15.22 are administrative in nature and are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards. Accordingly, the City Council finds the modifications in this Ordinance to the State Fire Code, Building Code, Electrical Code, Mechanical Code, Plumbing Code and Residential Code and the adoption of the California Green Building Standards Code to be necessary for the protection of the public health, safety, and welfare. Section 11. 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 12. The provisions of the Building, Electrical, Plumbing, Mechanical and Fire Codes in effect prior to the effective date of this Ordinance shall continue to govern construction for projects for which plans were submitted for plan check prior to the effective date of this Ordinance, and for which the initial permit is issued not later than sixty (60) days after said effective date. The provisions of the Green Building Standards Code shall govern construction of projects for which plans were submitted for plan check prior to the effective date of this Ordinance, and for which the initial permit is issued not later than sixty (60) days after said effective date. Section 13. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof 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. 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. Ordinance No. 322-U 5 Section 14. State law requires that localities adopt the California Building Standards Code and modifications thereto, by January 01, 2011. It is essential that the City have in effect on that date codes that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Building, Electrical, Mechanical, Plumbing, Residential, Green Building and Fire 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 Codes contain vital provisions regarding administrative procedures, sprinkler, water flow and fire hydrant requirements, and other similar matters necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall months. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This Ordinance is an urgency ordinance adopted pursuant to Government Code Section 36967 and shall take effect immediately. Section 15. This ordinance shall be effective upon adoption and shall become operative as of January 01, 2011. PASSED, APPROVED AND ADOPTED this 10h day of January 2011. ATTEST: C�k ji'j HEIDI LUCE DEPUTU CITY CLERK Ordinance No. 322-U 6 1 1 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 322-U entitled: AN ORDINIANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2010 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2010 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2010 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2010 EDITION, TITLE 32 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2010 EDITION AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2010 EDITION AND AMENDING TITLE 15, BUILDING AND CONSTRUCTION OF THE ROLLING HILLS MUNCIPAL CODE; AND DECLARING THE URGENCY THEREOF. was approved and adopted at a regular meeting of the City Council on January 10, 2011 by the following roll call vote: AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay and Mayor Pernell. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Ordinance No. 322-U `(� ) HEIS LUCE DEPUTY CITY CLERK 7 1 1 1 ORDINANCE NO. 323 PAGE 1 ORDINANCE NO. 323 NOT ADAPTED ORDINANCE NO. 324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING A NEGATIVE DECLARATION AND ADOPTING AN ORDINANCE TO AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO ACCESSORY STRUCTURES, INCLUDING BUT NOT BE LIMITED TO RECREATION ROOMS, GUEST HOUSES AND SIMILAR USES AND TO EXISTING NONCONFORMING AND/OR MODIFIED STABLES IN ZONING CASE NO. 802, ZONING CODE AMENDMENT NO. 2011-01. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On July 12, 2010 the City Council adopted Ordinance No. 319 pertaining to stables. At that meeting the City Council also directed the Planning Commission to further discuss several topics related to the stables. First, the Council asked the Commission to consider whether all existing small stables modified without permits but used in conformance with the definitions of a Tack Room should be allowed to continue to be used in such fashion. Second, the Council asked to consider if the size of a stable subject to a Conditional Use Permit (CUP) should remain at 200 square feet or larger. Third, and over a longer period of time, they asked the Commission to consider if the maximum size of an accessory structure on a property (other than a stable — but directly related to the maximum size of a Tack Room) should be greater than 800 square feet. Section 2. Pursuant to the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 to Section 21177, State CEQA Guidelines, and the CEQA Guidelines of the City of Rolling Hills, staff prepared an Initial Study analyzing the proposed Zoning Code amendment and concluded that the proposed project has no significant effect on the environment; on March 24, 2011 staff issued a Notice of Negative Declaration. On July 7, 2011 a notice of public hearing of the City Council including a recommendation to adopt the Negative Declaration was issued and published. Section 3 The City Council has reviewed the Negative Declaration and finds that it represents the independent judgment of the City and that it was prepared in compliance with CEQA. The City Council finds there will not be a significant effect in this case on the environment and it hereby adopts the Negative Declaration in accordance with the California Environmental Quality Act. Section 4. On April 21, 2011, May 17, 2011 and June 21, 2011 the Planning Commission held duly noticed public hearings pursuant to Government Code Section 65854 and Chapter 17.50 of the Rolling Hills Municipal Code to consider the above -referenced amendment to the Rolling Hills Municipal Code. On July 25, 2011 and August 8, 2011 the City Council held duly noticed public hearings pursuant to the law. Evidence was heard and presented from all persons interested in the proposal and from members of the City staff, and the Planning Commission and subsequently City Council reviewed, analyzed and studied the proposal and held public hearings. Section 5. The City Council finds that it respects and acknowledges that property owners should have the ability to use an existing stable, when animals are not present, in a reasonable way, providing that the use is respectful of neighbors, is consistent with maintaining the character of the community, and does not erode or begin to minimize the City's open space and equestrian character. The City Council further reaffirms its commitment to maintaining the City's open space, rural character and equestrian flavor. Recognizing that the zoning code requirement for a 1,000 square foot set-aside for a stable and corral ensures that properties are not overbuilt, the Council finds that maintaining the set- aside ensures that additional accessory structures do not overcrowd properties, infringe upon the privacy between neighbors and disrupt the quiet atmosphere in the community. Section 6. The City Council, after discussions and public input, concluded that the requirement that a CUP be obtained for a 200 sq.ft. or larger stables remain. However, because any other accessory building of any size, (except for a shed of not to exceed 120 sq.ft.) require a CUP, the City Council finds that to be consistent no CUP shall be required for accessory buildings less than 200 sq. ft. Section 7. The City Council finds that reducing the requirements for rebuilding stables destroyed by fire, explosion, earthquake or other casualty or act of God or the public enemy preserves Ordinance No. 324 Stables/Accessory Structures 1 the equestrian character of the community because such reduced regulation encourages the rebuilding of stables. Further, in August of 2009, a brush fire swept over a significant portion of the City of Rolling Hills and destroyed or partially destroyed structures on multiple properties. Also, during and after the August 2009 brush fire, the City was in the process of reviewing proposed amendments to the Rolling Hills Municipal Code regarding stables. This review created uncertainty about the applicable regulations for property owners contemplating the rebuilding of stables that justifies providing an additional two years to reconstruct stables impacted by the 2009 fire. Section 8. The City Council finds that the proposed Zoning Ordinance amendments comply with the requirements of the State Planning and Zoning Laws (Government Section 65000 through Section 66035) and the City of Rolling Hills General Plan, including the Land Use Element, Goal 1, Policy 1.6 which supports rural residential development and appropriateness and effectiveness of stables; Goal 2, Policy 2.3 which seeks development that is compatible with and complements existing land uses and to provide buffers between uses and Goal 3, Policy 3.4 which supports the maintenance of City's open space requirement. Section 9. The City Council hereby adopts: (1) a Negative Declaration for this project; and (2) an Ordinance amending certain provisions of Title 17 (Zoning) as specified in Exhibit A, which is attached and made a part hereof, Section 10: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 11: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2011. B. ALLEN LAY MAYOR ATTEST: *t0ttkd) HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 324 Stables/Accessory Structures 2 1 1 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 324 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING A NEGATIVE DECLARATION AND ADOPTING AN ORDINANCE TO AMEND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO ACCESSORY STRUCTURES, INCLUDING BUT NOT BE LIMITED TO RECREATION ROOMS, GUEST HOUSES AND SIMILAR USES AND TO EXISTING NONCONFORMING AND/OR MODIFIED' STABLES IN ZONING CASE NO. 802, ZONING CODE AMENDMENT NO. 2011-01. was approved and adopted at a regular meeting of the City Council on August 8, 2011 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell and Mayor Lay. NOES: Mayor Pro Tem Black. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Ordinance No. 324 Stables/Accessory Structures 3 CfiYY.l &A ,CJ HEIDI LUCE DEPUTY CITY CLERK EXHIBIT A A. Add the following to the Definitions Section (Chapter 17.12) of the Zoning Ordinance: To Section 17.12.060 Pool House, shall mean the same as recreation room. To Section 17.12.070 Greenhouse shall mean a glass or transparent plastic structure, often on a metal or wooded frame, in which plants that need heat, light and protection from the elements are grown. To Section 17.12.190 Storage Room, free standing, shall mean an accessory structure used exclusively for storage of household, equestrian, garden and similar items. B. Amend Section 17.16.030 Accessory uses and structures by adding paragraph Q to read: Q. Cabana, pool house, recreation room, storage room, hobby shop, guest house, detached garage and similar accessory structures not to exceed 200 square feet, subject to the requirements of Section 17.16.200, except for sheds specifically permitted in Section 17.16.200 H. i. For more than one such structure on the property, except if in addition to permitted sheds, stable and greenhouse, a conditional use permit shall be required. C. Amend Section 17.16.040 Conditional uses by deleting subsection A. 3, 4, 5, 6, and 8 and substituting as follows: 3. Cabana, recreation room, pool house, hobby shop, guest house, detached garage, mixed- use structure and similar accessory structures that exceed 200 square feet. Such structures and uses are subject to the requirements of Section 17.16.210. i. Only one such structure on a lot shall be permitted, except if in addition to permitted sheds, stable and greenhouse. Renumber the remaining provisions of Section 17.16.040. D. Amend Section 17.16.170 Stable and corral site reauired to read as follows: A. Every lot or parcel in the RA -S zone for which a discretionary or administrative approval is required by this title in connection with the construction of a new single-family residence, the addition to an existing single-family residence, the construction of an accessory structure including but not be limited to recreation room, guest house, hobby shop and similar accessory structure, and the construction of a pool shall have an area developed with or set aside and usable for a stable, contiguous corral and access thereto that complies with the criteria set forth in Chapter 17.18 of this title. E. Amend Section 17.16.200 Conditions for accessory uses by amending the following: B. Greenhouse providing that the following conditions are met: 1. Shall not exceed 200 square feet 2. Shall not be located in the front yard or any setback 3. A sanitary facility, except for a sink, shall not be permitted 4. A kitchen or kitchenette shall not be permitted Add the following to Section 17.16.200: L. Cabana, pool house, recreation room, storage room, hobby shop, guest house, detached garage and similar accessory structure providing that the following conditions are met, and providing that only one such structure shall be permitted on a property, in addition to sheds and a greenhouse specifically permitted in this title and a stable pursuant to Section 17.18 of this title: Ordinance No. 324 Stables/Accessory Structures 4 1. Shall not exceed 200 square feet 2. Shall not be located in the front yard or any setback 3. A sink and a toilet shall be permitted 4. A kitchen or kitchenette shall not be permitted 5. Sleeping shall not be permitted, except in a guest house 6. No vehicular access or paved parking area shall be developed within fifty feet of a guest house 7. Renting of the structure shall not be permitted 8. One thousand (1,000) square feet set aside area shall be provided on the lot for an accessible stable and corral F. Amend Section 17.16.2 10 Conditions for conditional use hermits by amending Section 17.16.210A as follows: 2. Cabana, Pool House or Recreation Room providing that the following conditions are met: a. Shall not exceed 800 square feet b. Shall not be located in the front yard or any setback C. A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted d. No sleeping quarters or renting of the structure shall be permitted 4. Detached Garage providing that the following conditions are met: a. Shall not be located in the front yard or any setback b. A sink and toilet shall be permitted C. A kitchen or kitchenette shall not be permitted I No sleeping quarters or renting of the structure shall be permitted e. The Planning Commission shall have the ability to limit the size of the detached garage in relationship to the size of the residence, topography, size of the lot and other conditions. 5. Guest House providing that the following conditions are met: a. Shall not exceed 800 square feet b. Shall not be located in the front yard or any setback C. A kitchenette and sanitary facility consisting of a shower, sink and toilet shall be permitted d. No vehicular access or paved parking area shall be developed within fifty feet of the guest house e. Occupancy of the guest house shall be limited to persons employed on the premises, the immediate family of the occupants of the main residence or by the temporary guests of the occupants of the main residence. No temporary guest may remain in occupancy for more than thirty days in any six- month period f. Renting of a guest house is prohibited g. All requirements of this title must be complied with unless otherwise set forth in the permit or approved plan h. A landscaping plan shall be submitted to the City of Rolling Hills Planning Department staff or Planning Commission, if requested, for approval. The plan submitted must comply with the purpose and intent of site plan review, as specified in Chapter 17.46 of this title 8. Storage Room and Hobby Shop providing that the following conditions are met: 1. Shall not exceed 800 square feet 2. Shall not be located in the front yard or any setback 3. A kitchen or kitchenette shall not be permitted 4. A sink and toilet shall be permitted. 5. No sleeping quarters or renting of the room shall be permitted. G. Amend Add "C" to Section 17.18.020 Stable and corral site reauired to read as follows: Ordinance No. 324 Stables/Accessory Structures 5 C. Area of property that was approved as a set aside area for a future stable and corral prior to September 7, 2011, may be developed for such purpose, providing all of the requirements of this chapter are met, including the requirement for a Conditional Use Permit. H. Amend In Section 17.18.060 A.3, A.4, C.3 and D.1, change the reference 17.18.060(A)(4) to 17.18.060(A)(5). I. Amend Amend Section 17.18.060A.3 by adding the word "percent' to the sentence to read: 3. Minimum of sixty percent of the entire structure shall be maintained for agricultural space as defined in Chapter 17.12 of this title, except as specified in Section 17.18.060(A)(5). J. Amend Amend Section 17.18.040 Permitted uses and structures with administrative approval by adding a new paragraph A2. to read: 2. Stable not greater than 200 square feet, providing that except for the interior configuration, all requirements of Section 17.18.060 of this chapter are met. Renumber the remaining paragraphs in this section. K. Amend Amend Section 17.18.060 D. 2 to read: 2. Entry doorways to the stalls shall be a minimum of four feet wide and seven and a half feet high. L. Amend Amend Section 17.18.140 Nonconformities and modifications to read as follows: A. All stables, and animal -keeping buildings, structures and enclosures that do not conform to the provisions of this chapter due to the size of the agricultural and the tack room space, plate height of the loft, size of corral and access, or other requirements of this chapter but which were legally constructed prior to September 7, 2011 shall be considered legal nonconforming. If modifications were made to such legal nonconforming stables and animal -keeping structures without required building permits, then such permits shall be obtained as required in Section D. below. B. Legal nonconforming stables and animal -keeping structures, as described in Section A. above, may be remodeled, repaired, re -roofed and generally maintained within the existing footprint of such structures. However, any addition or expansion shall conform to the requirements of this chapter, including the provision for obtaining a conditional use permit. C. If a legal nonconforming stable and related structure, as described in section A. above, is destroyed by fire, explosion, earthquake or other casualty, it may be reconstructed subject to the requirements of Section 17.24.050D. D. Any modifications made to an existing, legally constructed stable prior to September 7, 2011, including windows, doors, electrical, plumbing, roofing, walls and all other improvements that are not reflected on an approved plan and/or for which building permits were not obtained from Building and Safety Department, but which meet the requirements of this chapter, including size of the interior spaces and uses, shall be submitted for review and approval by the City and building permits obtained. If the modified stable meets the requirements of this chapter, a conditional use permit shall not be required. E. If a stable existing prior to September 7, 2011 is larger than 800 square feet and is used for other than the permitted uses enumerated in this chapter, the property owner may apply for a conditional use permit to legally convert that structure to a permitted mixed use structure, subject to the requirements of Section 17.16.210(6) of this title, providing that the area used for other than the agricultural use is not greater than eight hundred square feet, and providing that the remaining structure meet the requirements of this title. The Planning Commission may limit such conversion to a specific use and/or require modifications to the structure, such as, but not limited to, relocating doors, windows and other features, so that adjacent neighbors are not adversely affected. Such conversion and construction shall be subject to building code requirements and a building permit shall be obtained. Ordinance No. 324 Stables/Accessory Structures 6 F. If a stable was legally constructed as of September 7, 2011 with a loft,. and the stable is not used for the permitted uses enumerated in this chapter, the structure and the loft shall be modified to meet the requirements of this chapter. Pursuant to the requirements of Section 17.18.060 of this chapter, the loft area may be used for a tack room with the remaining structure being used for agricultural uses including storage. If the lower portion of the structure contains a tack room, the loft may only be used for storage of agricultural and households goods and shall not have a kitchenette or other plumbing facilities. Such conversion or modification shall be subject to building code requirements and a building permit shall be obtained. G. All properties having stables and other animal keeping structures shall be brought into compliance with the requirements of this chapter by September 7, 2013. Residents may request a compliance inspection of their stable and animal keeping uses on their property to be conducted by the City up until September 7, 2013. H. Notwithstanding Sections A through G above, property owners of stables that do not conform to the provisions of this chapter due to the size of the agricultural and the tack room space, plate height of the loft, size of corral and access, or other requirements of this Chapter, and that were constructed or modified prior to September 7, 2011 and/or were used for a purpose other than animal -keeping prior to September 7, 2011, may apply for a "Stable Use Permit" granting such structures the legal right to exist under this Code that runs with the land, with not having to provide additional area for a set aside for a future stable and corral, if the following requirements are met: 1. The structure is not larger than 800 sq ft. 2. The structure has one story only. 3. The owner pays a fee set by a resolution of the City Council that reimburses the City for the reasonable costs of this permit. 4. Owner consents to an inspection including photographic records of the current structure of the current use. 5. Owner must apply for and obtain building permits for any and all portions of the structure that were modified without building permits. 6. The structure shall not be located in a setback or front yard, except if in the permitted rear setback. 7. The structure shall not be used for sleeping. 8. The structure shall have a stable -like appearance from the exterior. 9. The structure shall not be modified further unless it is to accommodate animals or to repair, remodel re -roof or generally maintain such structure within the existing footprint. 10. The structure shall only be used for passive or animal keeping activities. 11. There is an area adjacent to the structure usable for a corral. The City Manager shall be authorized to approve, conditionally approve or deny the Stable Use Permit on the basis of whether the requirements of this subsection H. are met, providing the applicant submitted signed statements from at least one owner of each adjacent property and shall state that the owner is in support of the use. If such statement is not submitted from at least one owner of each adjoining property then a hearing shall be scheduled before the Planning Commission. Written notice shall be sent by regular mail to all adjacent property owners a minimum of ten days prior to said hearing. After such a hearing is held, the Planning Commission shall be authorized to approve, conditionally approve or deny a Stable Use Permit on the basis of whether the requirements of this subsection are met. I. Notwithstanding any other provision in this Code, if an existing stable structure or portion thereof is currently used as sleeping quarters, a guest house or any other use not permitted in this chapter, such use shall cease. M. Amend Amend Section 17.24 050 Bl Reconstruction to read as follows: B. All Other Structures, except stables. Any nonconforming structure, except as defined in subsections A and D of this section, destroyed by fire, explosion, earthquake or other casualty or act of God or the public enemy may be restored to the conditions that existed prior to the casualty and the occupancy and use of that. structure resumed, provided the structure existed as a legally established structure and provided such destruction does not exceed fifty percent of the assessed value of the structure. The records of the Los Angeles County Assessor for the fiscal year in which the destruction occurred shall be used in determining the assessed value, and said value shall include only property Ordinance No. 324 Stables/Accessory Structures 7 improvements. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost. N. Amend Amend Section 17.24 050 Reconstruction by addina subparaQranh D. to read as follows: D. Stables. Any nonconforming stable partially or totally destroyed by fire, explosion, earthquake or other casualty or act of God or the public enemy may be restored to the conditions that existed prior to the casualty and the use of the stable resumed, provided the stable existed as a legally established stable and provided that building permits are obtained for the reconstruction and/or repairs. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion, except that stables destroyed by the August 2009 fire may be repaired and/or reconstructed and construction completed by August 31, 2013. Otherwise, the legal nonconforming status shall be lost. 1 Ordinance No. 324 Stables/Accessory Structures 8 ORDINANCE NO. 325 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE REQUIREMENTS FOR SOLID WASTE HAULERS The City Council of the City of Rolling Hills does ordain as follows: Section 1. The following definitions for "Bulky items" and "Solid Waste" in the alphabetical list of definitions in Section 8.08.020 of Title 8 of the Rolling Hills Municipal Code are hereby amended to read as follows: "Bulky items" means and includes, without limitation, large and small household appliances, furniture, carpets, mattresses, tires, and unusually large amounts of yard debris, brush clearance and Green Waste. Bulky Items does not include car bodies Construction and Demolition Debris or items requiring more than two persons to remove. E -Waste may be collected as Bulky Items if provided for in a Franchise Agreement. "Solid waste" means all discarded garbage, green waste, manure, vegetable or animal solid, semisolid or liquid wastes, recyclable materials, or rubbish of every kind and character, but excluding E -Waste and Hazardous Waste, that is generated by and at the physical location where the waste is collected. Section 2. The definition of "electronic hazardous waste" is hereby repealed, a new definition for "Electronic Waste" is hereby added and the definitions for "Garbage," "Green Waste," and "Rubbish" are relocated to the alphabetical list of definitions in Section 8.08.020 of Title 8 of the Rolling Hills Municipal Code to read as follows: "Electronic Waste (E -Waste)" means any discarded electronic product or devise including without limitation personal computers, monitors, televisions, keyboards, printers, telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment, and other items containing cathode ray tubes (CRTs), LCD or plasma screens and monitors. For purposes of this Chapter, E -waste shall not be considered Solid Waste, but may be collected as a Bulky Item, recyclable material or through special Collections, if provided for in a Franchise Agreement. "Garbage" means all waste capable of spoiling or decaying which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials. "Green Waste" means any vegetative matter resulting from regular and routine yard and landscaping maintenance or seasonal variations. Green waste includes plant debris such as grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other forms of organic waste not more than five feet in its longest dimension or with a diameter not more than six inches or weights not more than fifty pounds. "Rubbish" means without limitation, accumulation of unwanted material to be disposed of such as paper, polystyrene, excelsior, pottery, rags, cloth, boxes and containers, sweep -ups and all other accumulations of a nature other than garbage, green waste or recyclable materials. Section 3. A new subsection (C) is hereby added to Section 8.08.150 of Title 8 of the Rolling Hills Municipal Code to read as follows: C. All policies required by this Chapter shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Collector (as the named insured) should Collector fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and City Manager. Satisfaction of this requirement is an express condition precedent to the effectiveness of any Franchise Agreement or Permit issued under this Chapter. Failure by Collector as primary insured to pay its SIR or deductible constitutes a violation of the requirement to maintain insurance in this Section and a material breach of any Franchise Agreement. Should City pay the SIR or deductible on Collector's behalf upon the Collector's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Collector for violation of the requirement to maintain insurance in this Section or Ordinance No. 325 -1- breach of the Franchise Agreement, in addition to any other damages incurred by City due to such violation or breach. Section 4. Section 8.08.440 of Title 8 of the Rolling Hills Municipal Code is hereby amended to read as follows: 8.08.440 Prohibited waste. A. Hazardous waste and any other form of waste that does not meet the definition of solid waste or recyclable materials shall not be disposed of with solid waste or recyclables for regular solid waste collection by a Collector. Notwithstanding, E -waste may be collected as a Bulky Item, recyclable material or through special Collections, if provided for in a Franchise Agreement. B. A Collector shall develop and implement a public information and education program for E - waste disposal and recycling, hazardous waste and any other prohibited waste, approved by the City Manager. C. Customers shall dispose of hazardous waste and any other form of prohibited waste at special collection centers operating throughout the region. A list of such collections centers is available at City Hall. Section 5. Section 8.08.580 of Title 8 of the Rolling Hills Municipal Code is hereby amended to read as follows: 8.08.580: Construction or demolition waste. A. Minimum construction or demolition waste diversion requirements Every covered project shall divert at least fifty percent (50%), measured by weight, of all construction or demolition waste generated by the covered project. B. Exempt projects. The diversion and reporting requirements of this Section shall not apply to the following projects: 1. Any construction, remodeling or demolition project that does not generate Recyclable Materials or Construction/Demolition Waste. 2. Any project that requires emergency demolition in order to protect the public health or safety as determined by the Manager prior to the issuance of a demolition permit. The City Manager shall be authorized to make a final determination of whether a project is a covered or an exempt project. C. Construction/demolition hauling permit. 1. A construction/demolition hauling permit may be issued pursuant to this Section to Construction/Demolition Haulers under contract with a property owner in the city and who are not engaged in the regular collection of refuse in the city. 2. Permit required. No person or solid waste enterprise shall remove construction and demolition waste from a covered project within the City without first obtaining a construction/demolition hauling permit or a franchise under Chapter 8.08. Residents shall only use a permitted Construction/Demolition Hauler or a Franchised Collector, for removal of Construction/Demolition Waste from any Covered Project within the City. 3. Application for construction/demolition hauling permit. An application for a permit shall be filed with the City Manager and be accompanied by an application fee in an amount set by City Council resolution to reimburse the City for all expenses incurred by it in connection with granting the permit. The application shall include, at a minimum, the following information: a) Name, address, telephone number of the applicant and any other principals in the hauler's business. Ordinance No. 325 -2- b) Name, address, and resident telephone number of the subject construction/demolition project, and a copy of the service agreement for Collection services at the site. c) The type and amount of materials and waste material that the hauler is capable of transporting. d) The number of vehicles that the Hauler utilizes. e) The name, address and contact information for the waste disposal facilities where the Hauler will take diverted material and where the Hauler will take waste f) Such other pertinent facts or information as the City Manager may require including but not limited to evidence of state certification, evidence of previous experience, and demonstration of reliable and safe equipment. 4. In order to be legally qualified to obtain a construction/demolition hauler permit: a) The applicant shall be willing and able to comply with the provisions of this Code, applicable law, and all requirements of the permit. b) The applicant shall have demonstrated ability to remove and transport the required construction/demolition waste to the appropriate waste disposal facilities c) The applicant shall not have filed materially misleading information in its application or intentionally withheld information that the applicant lawfully is required to provide. d) The applicant shall not have violated the terms of this Section or a probation order issued by the City Manager, or had a construction/demolition hauling permit revoked, on another construction or demolition project in the City for three year period preceding the date of application, as provided in Subsection F.3 below. 5. Issuance of permits. The City Manager may issue a limited construction/demolition hauler permit to Collect and Divert Construction/Demolition Waste from a specific project site in the City, subject to such conditions as are necessary to protect the public health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. A permit shall not be transferred to another person or solid waste enterprise. Permits shall remain in effect for the amount of time specified on the permit, unless an extension is granted in writing by the City Manager for the purpose of completing work on the specified project. Extension request shall be submitted in writing, no less than thirty days before expiration of the permit. The City Manager may grant an extension subject to the criteria set forth in Subsection 8.08.580.C.3. 6. A permitted construction/demolition hauler shall be subject to the following provisions of Chapter 8.08: Sections 8.08.150 Collector's liability insurance; 8.08.160 Worker's compensation insurance; 8.08.170 Indemnification; 8.08.190 Responsibility for Damages; 8.08.200 Office for inquiries and complaints; 8.08.210 Permits and licenses; 8.08.260 City Inspection Authority; 8.08.270 Vehicle identification; 8.08.290 Operation of equipment; 8.08.330 Hours of collection; 8.08.340 Litter; 8.08.360 Trespass, 8.08.370 Noise; 8.08.380 Ownership; 8.08.390 Disposal, 8.08.400 Resource recovery, and all other applicable provisions of the Municipal Code. D. Records. During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the City Manager that can be converted to tonnage. E. Reporting. Every three months from the date the permit is issued, the hauler shall submit under penalty of perjury, documentation to the satisfaction of the Manager establishing compliance with the requirements of this Section. The documentation shall consist of a completed "Quarterly Recycling and Waste Reduction Compliance Report," showing the weight of materials disposed and diverted, supported by evidence satisfactory to the Manager, which may include originals or photocopies of receipts and weight Ordinance No. 325 -3- tickets/invoices or other records of measurement from recycling and/or landfill disposal companies. Receipts and weight tickets may be required by the Manager to verify the amount of construction or demolition waste generated from the site that has been diverted. 2. Within thirty (30) calendar days following the completion of any covered project, the hauler shall submit under penalty of perjury documentation to the satisfaction of the Manager establishing compliance with the requirements of this Section. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials disposed and diverted, supported by evidence satisfactory to the Manager, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the Manager to verify the amount of construction or demolition waste generated from the site that has been diverted. F. Probation and Revocation 1. Failure by a permitted Hauler to comply with the Diversion and/or reporting requirements of this Section may result in automatic revocation of the Construction/Demolition Hauler Permit, or in the City Manager's discretion a probation order. 2. The Manager is authorized to put a hauler on probation when the Hauler fails to submit quarterly reports, or fails to demonstrate compliance with the diversion requirements in the quarterly reports, or final compliance report. A probation order shall be in writing and provide the Hauler an opportunity to demonstrate compliance with the reporting and Diversion requirements in future "Quarterly Recycling and Waste Reduction Compliance Reports" and/or the "Recycling and Waste Reduction Final Compliance Report." The probation order may impose reasonable conditions on the Hauler aimed at achieving compliance with such requirements. 3. A Hauler whose permit has been revoked, or who has failed to comply under a probation order, shall be notified in writing and shall not be eligible for a new permit for a period of three years from the date of the final written decision. 4. The Manager's decision to issue a probation order or to revoke a permit may be appealed to the City Council in the same manner as decisions are appealed under Section 8.08.090 through 8.08.130. G. Monitoring responsibility of Manager. The City Manager shall monitor each covered project for compliance with this Section. H. Implementing Regulations The Manager shall have the authority to establish regulations for the implementation of this Section, and when duly established, such regulations shall be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF OCTOBER, 2011. 1�-- B. Allen Lay Mayor ATTEST: Heidi Luce Deputy City Clerk Ordinance No. 325 -4- 1 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 325 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING CHAPTER 8.08 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO THE COLLECTION OF ELECTRONIC WASTE AND CONSTRUCTION AND DEMOLITION WASTE AND INSURANCE REQUIREMENTS FOR SOLID WASTE HAULERS was approved and adopted at a regular meeting of the City Council on October 24, 2011, by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Black and Mayor Lay. NOES: None. ABSENT: None. "I&I1"."1Q�Z •1— and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 325 -5- HEIDILUCE DEPUTY CITY CLERK ORDINANCE NO. 326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS TO ADOPT A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND TO AMEND THE PROVISIONS OF TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE TO ESTABLISH AN OVERLAY ZONING DISTRICT (OZD-1) AND AMEND MISCELLANEOUS PROVISIONS OF TITLE 17 (ZONING) REGARDING SETBACKS AND OTHER DEVELOPMENT STANDARDS FOR PROPERTIES WITHIN THE RAS -1 (RESIDENTIAL AGRICULTURE -SUBURBAN, ONE ACRE MINIMUM LOT SIZE) ZONING DISTRICT THAT ARE NO MORE THAN 1.25 ACRES IN SIZE AND AMEND THE CITY'S ZONING MAP, IN ZONING CASE NO. 811, ZONING CODE AMENDMENT AND ZONING MAP AMENDMENT NO. 2012-01. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. In 2007 and 2008, the City Council sought input from community members in Focus Group meetings on the City's development standards as they relate to redevelopment of older homes and homes that are located on smaller and unique lots. On July 6, 2009 at a joint meeting of the City Council and the Planning Commission, the City Council directed the Planning Commission to study the Focus Group's recommendations. On November 10, 2010 the Planning Commission formed an Ad -Hoc Committee to discuss these issues, similar development issues and current housing construction trends. Section 2. Members of the Ad -Hoc Committee met several times and with staff reviewed historical data, development trends in the City, the current development standards and how they affect development, and redevelopment in the City. The Committee found that some of the current development provisions inhibit reconstruction on smaller lots in the City. Section 3. Following its meetings, the Committee presented a summary of its recommendations to the Planning Commission for consideration. The Planning Commission discussed the proposed concepts at -two public meetings and two public hearings, after which the Planning Commission adopted a Resolution recommending to the City Council to adopt an ordinance amending the Zoning Code to establish an Overlay Zoning Districts in two neighborhoods in the City and additionally to allow reconstruction of non -conforming residences within existing setbacks in the RAS -1 zoning district throughout the City. Section 4. Pursuant to the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 to Section 21177, State CEQA Guidelines, and the CEQA Guidelines of the City of Rolling Hills, staff prepared an Initial Study analyzing the proposed Zoning Code amendment and concluded that the proposed project has no significant effect on the environment; on December 22, 2011 staff issued a Notice of Negative Declaration and a Notice of a Public Hearing of the Planning Commission by publishing the Notices in the Palos Verdes Peninsula News on December 22, 2011, mailing the Notices to property owners located in the proposed Overlay Zoning District and to the Rolling Hills Community Association and noting the meeting time, date and content in the City's Newsletter. Section 5. On April 9, 2012 the City Council held a duly noticed public hearing pursuant to Government Code Section 65854 and Chapter 17.50 of the Rolling Hills Municipal Code to consider the proposed Negative Declaration and the above - referenced amendments to the Rolling Hills Municipal Code, as recommended by the Planning Commission. Evidence was heard and presented from all persons interested in the proposal and from members of the City staff. The City Council reviewed, analyzed and studied the proposal. Ordinance No. 326 1 1 Section 6. After considering the information presented during the public hearings on this matter, the Planning Commission finds that the Negative Declaration represents the independent judgment of the City, that it was prepared in compliance with CEQA, that there will not be a significant effect in this case on the environment. Section 7. After considering the information presented during the public hearings on this matter, the City Council finds that the amendments to Title 17 comply with the requirements of the State Planning and Zoning Laws (Government section 65850 through Section 66403) and are consistent with the Rolling Hills General Plan in that they preserve and enhance the community's quality living environment and enhance the visual and physical quality of existing neighborhoods. City's topography renders large parts of many parcels constrained, thus leaving smaller areas available for development. Recent residential construction has maximized lot coverage through extensive grading. The proposed ordinance would allow reconstruction of existing residences that have non -conforming setbacks to be redeveloped without grading substantial areas to construct a desired home. The provisions of the proposed ordinance meet Goal 3, Policy 3.2 of the General Plan, where it states that City is to maintain strict grading practices to preserve the community's natural terrain, and Goal 2, Policy 2.3 where it states to Maintain and provide regulations for sufficient setbacks and easements to provide buffers between residential uses. Section 8. The City Council finds that the amendments to Title 17 are necessary to preserve the public health, safety and general welfare, while balancing property rights. Section 9. The City Council hereby adopts a Negative Declaration, an Ordinance amending the City's Municipal Code as specified in Exhibit A, attached hereto and made a part hereof and adopts an amendment to the City's Zoning Map, as codified in Section 17.08.010 of Title 17, such that an "Overlay Zoning District (OZD-1)" shall be established in the Middleridge Lane North and Williamsburg Lane portion of the City and the Chuckwagon Road and Chesterfield Road portion of the City, as depicted in the area outlined in the attached Exhibits "B" and "C" incorporated herein by this reference. Section 10: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 11: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED AND ADOPTED THIS 23RD OF APRIL, 2012. JA ES BLACK, MAYOR QiAw HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 326 2 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 326 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS TO ADOPT A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND TO AMEND THE PROVISIONS OF TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE TO ESTABLISH AN OVERLAY ZONING DISTRICT (OZD-1) AND AMEND MISCELLANEOUS PROVISIONS OF TITLE 17 (ZONING) REGARDING SETBACKS AND OTHER DEVELOPMENT STANDARDS FOR PROPERTIES WITHIN THE RAS -1 (RESIDENTIAL AGRICULTURE -SUBURBAN, ONE ACRE MINIMUM LOT SIZE) ZONING DISTRICT THAT ARE NO MORE THAN 1.25 ACRES IN SIZE AND AMEND THE CITY'S ZONING MAP, IN ZONING CASE NO. 811 ZONING CODE AMENDMENT AND ZONING MAP AMENDMENT NO. 2012-01. was approved and adopted at a regular meeting of the City Council on April 23, 2012 by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell and Mayor Pro Tem Hill NOES: None. ABSENT: Mayor Black*. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 46" HEIDI LUCE, DEPUTY CITY CLERK *left for medial emergency and did not return prior to the vote on this item. Ordinance No. 326 3 EXHIBIT A I. Amend Title 17 (Zoning) of the Rolling Hills Municipal Code by adding Chapter 17.17 to read as follows: Chapter 17.17 OVERLAY ZONING DISTRICT -1 (OZD-1) Sections: 17.17.010 Intent and Purpose 17.17.020 Applicability 17.17.030 Development regulations 17.17.010 Intent and Purpose The Overlay Zoning District (OZD-1) is established by this chapter to: A. Provide for development given the unique qualities of the overlay zone district that is generally characterized by steep terrain, smaller than typical lots in the City, smaller than typical homes in the City, lots that are divided by a road and lots where redevelopment is difficult due to current setback requirements. B. Allow for the modernization, reconstruction and enlargement of homes on smaller lots, consistent with General Plan policies, in a manner compatible with the unique character of the neighborhood. 17.17.020 Applicabilitv The Overlay Zoning District -1 standards apply to lots located as follows: Middleridge Lane North, within Tract No. 12866, including therein lots 1 through 11, but excluding therefrom lots 12 through 17, as recorded on September 4, 1941, in Book 246, pages 20 and 21, of Maps of the County of Los Angeles; and including lots along Williamsburg Lane, lots 27 through 31, lots 35 through 39, and lots 42 through 46 of Tract of ROLLING HILLS, as recorded on June 22, 1937, in Book 201 Pages 29 to 35, inclusive, of Maps of County of Los Angeles; lots located along Chuckwagon Road and Chesterfield Road including lot 15 of Tract 22750, as recorded on November 21, 1956, in Book 608, pages 80 to 83, inclusive, of Maps of County of Los Angeles; lots 2 through 8 of Tract 23103, but excluding therefrom lot 1, as recorded on October 24, 1956, in Book 607, pages 36 and 37, of Maps of the County of Los Angeles; and, including lots 1 through 20, and lots 23 through 32 of Record of Survey, as filed on November 9, 1955, in Book 73, Pages 12,13, and 14; and Lot 191 of LA County Assessor's Map No. 51. 17.17.030 Development standards A. Development Standards. The following development standards shall replace all inconsistent provisions of the RAS -1 zoning district and other general development standards of this title for lots within OZD-1. All provisions of the RAS -1 zoning district and other general development standards of this title that do not conflict with the criteria listed below shall remain in effect for those lots in the OZD-1. B. Reduced Front Yard and Side Yard Setbacks. Lots in the OZD-1 shall be permitted to have reduced setbacks as follows, subject to the conditions set forth in subsection C. below: 1. A front yard setback line shall be no less than thirty feet from the front roadway easement line; 2. An interior side yard setback line shall be no less than twenty feet from the side property line, except that if a portion of an existing single family dwelling is located less than twenty feet from the side yard setback line, the side yard setback line shall be the footprint of the existing legally permitted Ordinance No. 326 4 1 residence, except that in no place shall the interior side yard setback line be less than ten feet from the interior side property line. 3. A street side yard setback line shall be no less than ten feet from the street side roadway easement line. C. The reduced setbacks set forth in this section are subject to the following conditions: 1. The reduced setback requirements set forth in this section are applicable only to single family dwellings and not accessory structures. Attached garages are deemed to be part of the single family dwelling for purposes of this chapter. 2. The single family dwelling must comply with all other requirements of this title in order to be eligible to apply the reduced setback requirements set forth in this section. 3. Projections beyond the reduced setback lines set forth in this section shall only be permitted as follows:' a. Projecting architectural features shall not be permitted beyond the reduced setback lines set forth in this section except that eaves or roof overhang may project to a maximum 2 feet; and b. Uncovered projecting porches may extend no more than four feet beyond the reduced setback lines set forth in this section. 4. Front -Yard Landscaping. A minimum of sixty percent (60%) of the front yard area shall be maintained as a landscaped area. Front yard shall be as is defined in Section 17.12.250 "Y". 5. Driveways. Only one driveway approach shall be permitted. II. Amend Title 17 (Zoning) of the Rolling Hills Municipal Code by adding Section 17.24.045 as'follows: 17.24.045 Dwelling Units Non -Conforming Due to Setbacks On Smaller Lots. A. Notwithstanding the provisions of Sections 17.24.040, 17.24.050 and 17.24.060, the following reduced setback limits shall apply to properties in the RAS -1 zoning district having a lot area of 1.25 acres or less, excluding roadway easement(s), and developed with single family dwelling structures existing as of May 23, 2012 that have nonconforming setbacks, subject to the conditions set forth in subsection B below: 1. A front yard setback line for a reconstructed single family dwelling unit shall be either: (a) no less than fifty feet from the front roadway easement line or (b) up to the footprint of the existing legally permitted residence, whichever is less, except that in no place shall the front yard setback line be less than thirty feet from the front roadway easement line. 2. An interior side yard setback line shall be no less than twenty feet from the side property line, except that if a portion of an existing single family dwelling is located less than twenty feet from the side yard setback line, the side yard setback line may be the footprint of the existing legally permitted residence, except that in no place shall the side yard setback line be less than ten feet from the side yard property line. 3. A street side yard setback line shall be no less than ten feet from the street side roadway easement line. B. The reduced setback requirements set forth in this section shall be permitted subject to the following conditions: 1. The reduced setback requirement applies only to single family dwellings and not 1 Refer to Section 17.16.140 for the standards for permitted projections that apply in the absence of a more restrictive standard set forth in this chapter. Ordinance No. 326 5 accessory structures. Attached garages are deemed to be part of the single family dwelling for purposes of this chapter. 2. The single family dwelling must comply with all other requirements of this title to apply the less restrictive setback requirement of this section. 3. Projections beyond the reduced setback lines set forth in this section shall only be permitted as follows:2 a. Projecting architectural features shall not be permitted beyond the reduced setback lines set forth in this section except that eaves or roof overhang may project to a maximum 2 feet; and b. Uncovered projecting porches may extend beyond the reduced setback lines set forth in this section no more than four feet. 4. Front -Yard Landscaping. A minimum of sixty percent (60%) of the front yard area shall be maintained as landscaped area. Front yard shall be as is defined in Section 17.12.250 "Y". 5. Driveways. Only one driveway approach shall be permitted. III. Amend Chapter 17.12 DEFINITIONS as follows: 1. Amend Section 17.12.160 "P" words, terms and phrases by adding the following: "Projections" means both Projecting Architectural Features and Projecting Uncovered Porches. A. "Projecting Architectural Features" means projecting architectural features such as chimney, bay windows, cornices, eaves, belt courses, sills, buttresses or other similar architectural features, except those "enclosing" structures enumerated in Section 17.16.200(K) of this title. B. "Projecting Uncovered Porches" means an uncovered porch, patio, platform or landing place. IV. Amend the following Sections of the Zoning Ordinance: 1. Amend Section 17.24.050 A. Reconstruction to read as follows: 17.24.050 Reconstruction. A. Residential Structures. Any nonconforming primary residential structure in the RA -S zone, which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, may be reconstructed to the conditions that existed prior to the casualty provided the structure existed as a legally established structure. An addition of no more than nine hundred ninety nine (999) square feet may be allowed provided the added area complies with the provisions of this title. All such construction or repairs shall commence within two years from date of damage and shall be diligently pursued to completion. Otherwise, the legal nonconforming status shall be lost. 2. Amend Section 17.46.020 (A) Applicability to read as follows: 17.46.020 Applicability A. Site plan review shall be required for the following projects: 1. Any grading which requires a grading permit as defined in Section 15.04.120 of the Building and Construction Code; 2. The construction of any new building or structure, except for the following: a. A swimming pool and spa, which is less than eight hundred square 2 Refer to Section 17.16.140 for the standards for permitted projections that apply in the absence of a more restrictive standard set forth in this chapter. Ordinance No. 326 6 feet in area (area of surface water), that do not require grading and when such construction would not cause exceedance of the requirements for structural and total net lot coverage and disturbed area of the lot. For the purpose of this section, the actual excavation for the swimming pool or spa is not considered grading. However, should there be a need to create a buildable pad for the purpose of locating the swimming pool or spa on the pad, and if such construction meets the criteria of grading, pursuant to Section 15.04.120 of the Building and Construction Code, a site plan review shall be required, b. Reconstruction of any conforming, legally established primary residential structure or accessory structure which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, subject to Chapter 17.24. c. Reconstruction of any nonconforming, legally established primary residential structure or accessory structures which are damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, meeting the criteria of Sections 17.24.050(A) and 17.24.050(B) of this title, d. Pool equipment, fountain and water features, e. Structures and uses listed in Section 17.16.140 (Permitted projections), Section 17.16.150 (Structures and driveways permitted within setbacks), and Section 17.44.020 (Zone clearance) of this code; f. Reconstruction within the existing footprint of a single family dwelling unit (including attached garage, if any) located within the overlay zoning district specified in Chapter 17.17 (OZD-1)) of this title: and g. Reconstruction within the existing footprint of a single family dwelling unit (including attached garage, if any) that meets the criteria for the reduced setbacks in Section 17.24.045 of this title. 3. The expansion, modification, alteration or repair of any existing building or structure which: a. Requires grading, b. Increases the size of the building or structure by more than nine hundred ninety nine (999) square feet. 3. Amend Section 17.44.020 Applicability to read as follows: 17.44.020 Applicability Zone clearance shall be required for the following projects and structures: A. The construction of a stable, run-in shed, corral, turnout, aviary and other related agricultural structures and uses as specified in Section 17.18.040 of Chapter 17.18, and which do not require grading. B. The construction of new structures or buildings, alteration, expansion, modification, or repair of any existing structures, including but not limited to the construction of new accessory structure not greater than 200 square feet, and structures which are exempt from site plan review, as specified in Section 17.46.020 Site Plan Review -Applicability of this title; C. Additions to a primary residence including attached garage, which increases the size of the structure by no more than nine hundred ninety nine (999) square feet in any thirty-six month period, which period shall be measured from the date that a certificate of occupancy or final construction inspection was issued for a prior addition. D. All other miscellaneous projects and structures, including, but not limited to architectural features and elements, porches and patios not higher than twelve (12) inches above the natural grade, driveways, entryways, outdoor barbecues and fire places, gazebos, trellis or archway over an entry Ordinance No. 326 7 to a driveway, hardscape, drainage devices, solar panels and similar structures, provided the construction thereof does not trigger grading, is not part of a development plan which otherwise requires a discretionary approval, such as site plan review, conditional use permit or a variance and meet all the requirements of this title. 4. Amend Section 17.08.010 A to read as follows: 17.08.010 - Zones established. A. RA -S - Residential Agriculture -Suburban. The RA -S zone district is divided into two sub -districts: RA -S-1 and RA -S-2. The suffix indicates the minimum lot size requirement in net acres. B. The Overlay Zoning District (OZD-1) overlies a portion of the RA -5-1 zone and is identified on the zoning map. 5. Amend Section 17.16.060 Table Entitled "Summary of Development Standards to replace the current notes (a) and (b) with the following: (a) This table summarizes development standards. For complete descriptions, refer to Sections 17.16.040 through 17.16.130, Chapter 17.17 and Section 17.24.045. (b) Every lot or parcel in the RA -S-1 zone shall have a side yard setback measuring no less than twenty feet from the side property line, except: (1) If an Association easement, located along the side property line, is improved with a roadway, then the side yard setback shall be no less than ten feet from the interior edge of that easement; (2) If in the overlay zoning district (OZD-1) as established by Chapter 17.17, then the standards set forth in that chapter shall apply; or (3) If the circumstances set forth in Section 17.24.045 apply, then the standards set forth in Section 17.24.045 shall apply. 6. Amend Section 17.16.110 to read as follows: Every lot or parcel shall have a front setback measuring no less than fifty feet from the front roadway easement line, except where the criteria set forth in Chapter 17.17 (OZD- 1) and Section 17.24.045 apply. If an improved roadway traverses an existing lot or parcel of land, then that portion of the lot not developed or which is proposed to be developed with a nonprimary structure shall also have a setback for development purposes of not less than fifty feet from the roadway easement line. 7. Amend Section 17.16.120 Side Setback, subsection A to add subsection 3 as follows: 3. See Chapter 17.17 for reduced setback standards that apply in the overlay zoning district (OZD-1) and Section 17.24.045 that apply to certain legal non- conforming single family dwelling units. 8. Amend Section 17.16.140 to read as follows: 17.16.140 - Permitted projections. * The following projections into setbacks are permitted subject to the specified conditions. Ordinance No. 326 8 1 A. Projecting Architectural Features shall not be constructed in any manner that increases the habitable floor area of a structure, but may extend or project into setbacks as follows: 1. Into side setback no more than two and one-half inches for each one foot of the side setback, but in no case shall such features project more than five feet; 2. Into front or rear setback no more than four feet; B. Projecting Uncovered Porches may project into any front or side setback no more than six feet and into a rear setback without limitation. Such structures in a side setback shall leave no less than five feet of unobstructed space to the edge of a slope, if any, to allow for pedestrian movement within the setback. Such structures shall not extend above the floor level of the building to which they are attached. If detached, such structures shall not extend above the level of the ground. *Refer to Sections 17.24.045 and Chapter 17.17 for permitted projections on lots eligible for reduced setbacks. V. The City Clerk is to insert the effective date of this ordinance into the blanks above when this ordinance becomes effective. Ordinance No. 326 9 A C A MAP NO N � �,! /� •. 6 AREA OF OVERLAY ZONE Middleridge Lane North and Williamsburg Lane Ordinance No. 326 10 "AK EXHIBIT B 1 1 1 1 1 EXHIBIT C -y AREA OF OVERLAY ZONE Chuckwagon Road and Chesterfield Road Ordinance No. 326 11 ORDINANCE NO. 327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AMENDMENTS TO TITLE 17 (ZONING) AND TITLE 15 (BUILDING AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO VARIOUS PROCEDURAL MATTERS AND TO CLARIFY OTHER MISCELLANEOUS PROVISIONS, IN ZONING CASE NO. 812, ZONING CODE AMENDMENT NO. 2012-02. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. In reviewing the City's Zoning and Building and Construction ordinances, staff found that modifications to said ordinances are necessary due to inconsistent, unclear, vague and ambiguous language and provisions or in order to assure that the City's zoning and building codes are not inconsistent with the State of California Planning and Zoning Laws. To address these issues, the Planning Commission has recommended to clarify, modify and revise certain provisions of the Building and Construction and Zoning Ordinances. Section 2. Chapter 17.50 of the Zoning Ordinance contains provisions to allow for amendments to City's ordinances. A public hearing before the Planning Commission is necessary, before a recommendation can be forwarded to the City Council for a Zoning Code amendment. Further, the code provides that at least one public hearing before the City Council is necessary to amend the zoning code. The Planning Commission held duly noticed public hearing on February 21, 2012 to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Notice of the public hearing was provided as required by law. Section 3. On April 23 and May 14, 2012 the City Council held duly noticed public hearings to consider the Planning Commission recommendation and take public testimony regarding the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Notice of the public hearing was provided as required by law. Section 4. Pursuant to California Environmental Quality Act (CEQA) requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendments and concluded that the proposed ordinance does not require review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment but rather establishes rules and procedures for administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Section 5. After considering the information presented during the public hearings on this matter, the City Council finds that the proposed Municipal Code amendments comply with the requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government section 65850 through Section 66403). Section 6. The City Council hereby adopts an Ordinance amending certain provisions of Title 17 (Zoning) and Title 15 (Building and Construction) of the Rolling Hills Municipal Code as specified in Exhibit A, which is attached and made a part hereof. Section 7: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 8: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. Ordinance No. 327 1 PASSED, APPROVED AND ADOPTED THIS 11`}' DAY OF JUNE, 2012. ATTEST: qwl'ilx) HEIDI LUCE DEPUTY CITY CLERK STATE OF CALIFORNIA) COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) )H I certify that the foregoing Ordinance No. 327 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AMENDIMENTS TO TITLE 17 (ZONING) AND TITLE 15 (BUILDING AND CONSTRUCTION) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO VARIOUS PROCEDURAL MATTERS AND TO CLARIFY OTHER MISCELLANEOUS PROVISIONS, IN ZONING CASE NO. 812, ZONING CODE AMENDMENT NO. 2012-02. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the City Council on June 11, 2012 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Pernell, Mayor Pro Tem Hill and Mayor Lay. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI L CE DEPUTY CITY CLERK Ordinance No. 327 2 1 1 1 EXHIBIT A 1. Amend Section 17.12.070 G: words, terms and phrases to read: "Guest house" means living quarters within an accessory building for the sole use of persons employed on the premises or for use by relatives or guests of the occupants of the premises. Such living quarters shall not have a kitchen but may have a kitchenette; shall not be rented or otherwise used as a separate dwelling unit. 2. Amend Section 17.12.080 H: words, terms and phrases to delete in its entirety the definition for "Habitable Space". 3. Amend Section 17.12.190 "S" words, terms and phrases to read: "Storage area" means space within a building or structure, including attics, used for storing of items. It includes spaces located below or above a story and may not exceed six feet in height at any one point. Attics may have a ceiling that follows the shape and the angle of the roofline, which could be more than six feet high at the peak of the ceiling. Attics and storage areas shall not have doors to the exterior, window openings, heating or air conditioning_ 4. Amend Section 15.04.080 of the Building and Construction Code, definition of a "Story" to read as follows: STORY is that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080 of the Zoning Ordinance. 5. Amend Section 17.12.190 "S" to replace the definition of "Story" to read as follows: "Story" means that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080 B of this Title. 6. Amend Section 17.16.020 Permitted uses to read: Uses permitted in the RA -S zone as primary uses include: A. Single-family residences; B. Tree, bush or field crops provided there is no retail sale from the premises and provided the activity does not cause undue traffic, which would normally be associated with residential use. 7. Amend Sections 17.16.080A and B Height Limitation in its entirety to read as follows: . A. General Limitation. A building or structure shall have no more than one-story, meaning that there shall be no story on top of another, except as specified in subsection B below. The maximum height permitted from fmished floor of any structure to finished grade is five feet. The difference between the finished grade and the finished floor level across any elevation shall average no more than two and a half feet, with maximum difference of five feet. 17.16.080 B Exceptions: 1. A one-story primary residence is permitted over a basement. For the purpose of this section primary residence includes a garage attached to the main residence by a solid wall. 2. Stables may have a loft, subject to the requirements of Chapter 17.18 of this Title. 3. A storage area, as defined in Section 17.12.190 "S" may be located above or below a story. 8. Amend Section 17.16.097 E. Building pad coverage guideline to read as follows: E. Structures meeting the requirements of Section 17.16.200 (H) and (J) of this chapter shall not be counted towards the building pad coverage guideline. 9. Amend Section 17.16.150 I Structures and driveways permitted in setbacks to read as follows: Playhouses and playground equipment, subject to the requirements of Section 17.16.200 (J) of this chapter. 9A. Amend Section 17.16.140 A to read as follows: Ordinance No. 327 3 A. Projecting Architectural Features shall not be constructed in any manner that increases the floor area of a structure, but may extend or project into setbacks as follows: 10. Amend Section 17.16.190 D Permanent Foundation to read as follows: D. Permanent Foundation. Every single-family dwelling and accessory structure shall be built or placed upon a permanent foundation, unless exempt by a building code. 11. Amend Section 17.16.190 F. Walls to read as follows: Walls, Including Retaining Walls. The maximum permitted wall height shall be five feet, averaging two and one-half feet as measured from the finished grade to top of the wall. A wall above three feet shall be subject to site plan review and shall not be located in the front yard or in any setback, unless approved by a variance, (game court walls are addressed in Section 17.16.210(A)(7)(d)). A retaining wall, regardless of height, which supports a surcharge shall require a building permit. 12. Amend Section 17.16.220 Reports required for all development to read as follows: Prior to the submittal of an applicable final grading plan for any approved development to the Building and Safety Department for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the development plan, as approved by the Planning Commission shall be submitted to the Rolling Hills Planning Department staff for review. Cut and fill slopes must conform to the City of Rolling Hills standard of a maximum of 2:1 slope ratio. 13. Amend Section 17.20.090 Building Height (in the Public Facilities Zoning District) to read: No building shall have more than one story, meaning there shall be no story on top of another, except as permitted in Section 17.16.080 B of this Title. 14. Amend Section 17.34.030 A 1. of Chapter 17.34 to read as follows: 17.34.030 - Noticing requirements. The following noticing requirements shall apply to all applications requiring public notice. A. Form of Notice for All Applications Except Revocation of Variances and Nonconforming Uses. Notice of the time and place of public hearing shall be made as follows, where not contrary to the provisions of Chapters 3 and 4, Title 7 of the California Government Code, and where no other provision is made in this title for notice: 1. Such notice shall be published in at least one newspaper of general circulation in the City, or if there are none, in a newspaper of general circulation in Los Angeles County. The notice shall appear in the newspaper not less than ten calendar days prior to the date of the public hearing. However, if a Negative Declaration is to be adopted pursuant to Section 21080(c) of the State of California Public Resources Code, then notice of the hearing shall be provided as required by the Public Resources Code. 15. Amend Section 17.34.040 of Chapter 17.34 to read as follows: 17.34.040 - Hearings—Scheduling. A. For applications or proposals requiring public hearing before the Planning Commission, the Secretary of the Planning Commission shall set the date and time of the hearing. For applications or proposals requiring public hearing before the City Council, the Clerk of the City Council shall set the date and time of the hearing. B. The date of the hearing shall occur within the time required by Government Code Section 65920 et seq. or other applicable law. 16. Amend Section 17.34.050 of Chapter 17.34 to read as follows: 17.34.050 Hearing -Rules of Conduct The City Council and the Planning Commission may establish rules governing the conduct of public hearings conducted by that body. 17. Amend Section 17.46.040 C Proceedings to read as follows: C. The Commission shall act to approve, conditionally approve or deny the application. The Commission may impose such conditions on an approval as it deems necessary to assure compliance with the requirements of this title. The Commission may condition approval to require site plan review Ordinance No. 327 4 for any future construction on the lot, regardless of whether site plan review would ordinarily be applicable to such construction. Notwithstanding any such condition, if future construction requires a variance or a conditional use permit, a site plan review is not also required. Further, notwithstanding any such condition on a discretionary plan review, the City Manager or designee may, without site plan review, approve the following construction provided that such construction meets the development standards of this title and no discretionary review is otherwise required under this title: 1. Structures ancillary to the primary residence such as trellises, barbecues, fireplaces, fountains, and similar minor amenities where the cumulative total of all such improvements does not exceed 300 square feet; 2. Hardscape improvements, walkways and pathways that do not exceed standards in this title; 3. Garden and decorative walls not to exceed 3' in height; 4. Play areas (excluding sport courts) not to exceed 1,000 square feet in area and which do not require more than a total of 50 cubic yards of dirt; 5. Similar minor improvements determined by the City Manager or designee to not have greater impacts on the property than those enumerated above. 18. Amend Section 17.12.060 "F" to add the following: "Future Construction", for the purpose of Section 17.46.040 C only, means a condition placed on discretionary development applications where "no modification or further development or construction" is allowed without a Site Plan Review. Except that minor modification and construction consistent with criteria specified in Section 17.46.040C may be approved administratively. 19. Amend Section 17.12.040 "D" to read as follows: "Disturbed area or Disturbance." Disturbance means any remedial grading (temporary disturbance), any proposed or existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously disturbed impervious surface, such as an abandoned driveway or other area determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain and contours of the immediately adjacent area, then such area shall not be considered disturbed. In addition, remedial or temporary grading not greater than 2,000 square feet in area, where the surface is returned to its pre - graded slope and configuration shall also not be considered disturbed. Disturbed area shall be not greater than forty percent of the net lot area. 20. Amend Section 17.50.040 C Proceedings -City Council to read as follows: C. The City Council shall hear and take action upon the application or resolution pursuant to the provisions of Chapter 17.34. The City Council may adjourn or continue the hearing, as provided for in Section 17.34.080. 21. Amend Chapter 17.44. as follows: A. Add Section 17.44.055 to read: 17.44.055 Expiration of Approval A. An approved administrative plan review shall expire one year from the date of approval if building permits have not been obtained or construction has not commenced for those project that do not require building permits. B. a Extension. The City Manager or designee may grant up to a one-year extensions of the expiration of an administrative plan review approval, if it is found that the conditions, including, but not be limited to changes in the zoning and other codes provisions, under which the administrative plan review approval was issued have not changed. 22. Replace the name of CHAPTER 17.54 "Appeals" with the name "APPEALS OF A DECISION OF THE PLANNING COMMISSION 23. Delete Section 17.44.060 Appeals in its entirety 24. Amend Table of Contents in Chapter 17.44 by deleting: 17.44.060 Appeal and adding 17.44.055 Expiration of Approval 25. Add new CHAPTER 17.55 to read: Chapter 17.55 APPEALS OF A DECISION OF THE CITY MANAGER Ordinance No. 327 Sections: 17.55.010 Appeal of a decision of the City Manager 17.55.020 Appeal Process 17.55.010 Appeal of a decision of the City Manager A. The decision of the City Manager or designee authorized by this title is considered final on the date such decision is rendered, unless an appeal has been filed by the applicant as specified by this title. All appeals shall be filed in writing with the City Clerk. B. Decisions of the City Manager authorized by this title shall only be subject to appeal if a provision in this title specifically provides for such a right. If so, such appeal shall be processed pursuant to the procedures set forth in this chapter. 17.55.020 Appeal Process A. Filing of Appeal. All appeals must be filed on or before the thirtieth calendar day after the City Manager's decision. The appeal fee shall be paid as set forth by resolution of the City Council. B. Persons authorized to file an appeal. The applicant of a project for which the City Manager or designee rendered a decision may appeal the decision to the Planning Commission. C. Form, content and deficiencies in an appeal application. 1. All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the required appeal fee has been received by the City Clerk. 2. The appeal application shall state, at a minimum, the name and address of the appellant, the decision and action being appealed, and the reasons why the appellant believes that the City Manager erred or abused his or her discretion, or why the City Manager's decision is not supported by evidence in the record. 3. If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the appellant. D. Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before -the Planning Commission to occur within forty-five days of the filing of the appeal. E. Notice of the hearing shall be mailed to property owners adjacent to the property for which the decision was rendered. F. Action on appeal by the Planning Commission is appealable to the City Council in accordance with Chapter 17.54 of this title. 26. Amend Section 17.54.015 B to read as follows: B. All Planning Commission actions taken by resolution approving or denying a project, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda within forty-five days following the Commission's action. The Council may, within forty-five days of the Commission's action, by an affirmative vote of three 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 chapter. 27. Amend Section 17.54.050 to read as follows: 17.54.050 - Scheduling of appeal hearing. Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the City Council to occur within forty-five days of the filing of the appeal. In the event that more than one appeal is filed for the same project, the Clerk shall schedule all appeals to be heard at the same time. 28. Amend Section 17.54.060B to read as follows: B. Hearing. The City Council shall conduct a public hearing pursuant to the provisions of Chapter 17.34. The review hearing shall be conducted as a de novo hearing. The Council shall consider all information in the record, as well as additional information presented at the appeal hearing, before taking action on the appeal. 29. Amend Sections 17.50.020 A and B only to read as follows: 17.50.020 Initiation and application. Notwithstanding the provisions of Chapter 17.30, initiation of amendments for changes of zone or modification of the provisions of this title shall be as follows: Ordinance No. 327 6 1 1 1 A. By the direction of the City Council; or B. By the direction of the Planning Commission; or 30. Amend Section 17.50.030 to read as follows: 17.50.030 - Proceedings—Planning Commission. A. Upon the acceptance of a completed application or upon the direction for zoning code amendment or zoning change as described in Section 17.50.020 above, the Planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application or resolution, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing before the Planning Commission pursuant to the provisions of Chapter 17.34. B. The Planning Commission shall hear and take action upon the application or motion pursuant to the provisions of Chapter 17.34. The Commission may continue the hearing from time to time, and no additional notification shall be required. C. The Commission shall act to recommend approval, approval with modifications or denial of the application. D. Within forty-five days following the action of the Planning Commission, the Commission shall adopt a resolution recommending whether to approve, approve with modifications or deny the zone change or amendment. E. The Commission's resolution shall be filed with the City Clerk not more than five working days following the Commission's final action. 31. Amend Section 17.50.040 to read as follows: 17.50.040 Proceedings -City Council A. Upon receipt of a Planning Commission resolution recommending denial of a zone change or amendment, the City Clerk shall place the Commission's resolution on an agenda of the City Council for consideration within forty-five days of the resolution adoption. The Commission's decision will be considered final and no further action by the Council will be required unless, within ten days after the item appears on the Council's agenda, an'appeal is filed pursuant to Chapter 17.54, or unless the City Council sets the matter for Council hearing. All such hearings shall be noticed and conducted as provided for in Section 17.34. B. Upon receipt of the resolution of the Planning Commission recommending approval of a zone change or amendment, the City Clerk shall set the matter for hearing before the City Council as provided for in Section 17.34. C. The City Council shall hear and take action upon the application or resolution pursuant to the provisions of Chapter 17.34. The City Council may adjourn or continue the hearing, as provided for in Section 17.34.080. D. The Council shall act to approve or deny the application or resolution for a zone change or amendment. E. Within forty-five days following its decision, the City Council shall adopt an ordinance setting forth its action. The Council's action shall be considered final. 32. Amend Section 17.38.065C to read as follows: C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original variance approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title. 33. Amend Section 17.42.065.0 to read as follows: C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original conditional use permit approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title. 34. Amend Section 17.46.070C to read as follows: C. Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall Ordinance No. 327 7 be provided in writing to the property owner and shall be filed with the original site plan review approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title. 35. The City Clerk is to insert the effective date of this ordinance into the blanks above when this ordinance becomes effective. L 1 1 Ordinance No. 327 8 ORDINANCE NO. 328 AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 8.24.090 TO ALLOW THE CITY MANAGER TO INITIATE. NUISANCE ABATEMENT PROCEEDINGS AND THE COURT TO AWARD ATTORNEY'S FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS The City Council of the City of Rolling Hills does hereby ordain as follows: SECTION 1: Section 8.24.030 of Title 8, Chapter 8.24 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: 8.24.030 — Notice to Abate Nuisance. Whenever the City Manager determines that a nuisance exists upon any property, place or area within the boundaries of the City, the City Manager may notify in writing the owner or person in possession of the property, place or area to abate the nuisance within fifteen days from the date of the notice. The notice shall be given by registered or certified mail addressed to the owner or person in possession of the property, place or area at his last known address. SECTION 2: Section 8.24.090 of Title 8, Chapter 8.24 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: "8.24.090 — Court action. The City may bring appropriate actions, in a court of competent jurisdiction, to collect any amounts due by reason of the abatement of a nuisance by the City and to foreclose any existing liens for such amounts. Notwithstanding the provisions of this chapter, the City may bring the appropriate civil and criminal actions in a court of competent jurisdiction for abatement of any nuisance existing within the City pursuant to .any other provision of law. In addition to costs recoverable pursuant to Section 8.24.060, attorney's fees, expert fees, and court costs shall be awarded to the prevailing party in any action taken by the city to abate a nuisance if, and only if, the city seeks the award of attorney's fees and court costs at the initiation of such legal action or proceeding. The attorney's fees recoverable pursuant to this section shall be limited to the reasonable attorney's fees incurred by the city in the legal action or proceeding, regardless of the actual cost of any party's attorney's fees." SECTION 3: CEQA. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§"21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED, AND ADOPTED this 140' day of May, 2012. `�� JamePaa,M. Mayor ATTEST: Ant a e City Clerk Ordinance No. 328 - 1 - STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I HEREBY CERTIFY that the above and foregoing Ordinance No. 328 entitled: AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 8.24.090 TO ALLOW THE CITY MANAGER TO INITIATE NUISANCE ABATEMENT PROCEEDINGS AND THE COURT TO AWARD ATTORNEY'S FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS was duly passed and adopted by the Rolling Hills City Council at its regular meeting held on 14th of May, 2012, by the following vote, to wit: AYES: Councilmembers Heinsheimer, Hill, Lay, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the Administrative Offices. such, Clerk Ordinance No. 328 - 2 - 1 1 ORDINANCE NO. 329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE TO MODIFY THE REVIEW PROCESS FOR RECONSTRUCTION OF EXISTING RESIDENCES AND ADDITIONS THERETO WHERE PARTIAL OR TOTAL DEMOLITION IS PROPOSED, IN ZONING CASE NO. 820, ZONING CODE AMENDMENT NO. 2012-03. THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Current City practice allows administrative approval for reconstruction of a residence when at least one wall remains standing without the benefit of neighbors' review. Historically, when an applicant within the City of Rolling Hills ("City") receives a building permit to substantially remodel a residence„ unforeseen unsafe conditions of the wall or foundations often cause the entire residence to be demolished ;therefore, new construction frequently occurs without the benefit of a Site Plan Review process. For some residences, a substantial remodel, where all of most of the residence is demolished, results in the continuation of an encroachment situation, which would otherwise not be permitted for new construction. Sections 2. When an owner retains a portion of an existing residence because a building permit is obtained for a remodel without requiring a Site Plan Review process, the remaining portion of the residence is not always brought up to the current development and building standards; this exposes the property owners to potentially substandard construction and building materials, and it may endanger the health and welfare of the occupants. Section 3. Chapter 17.50 of the Zoning Ordinance the City of Rolling Hills contains provisions to allow for amendments. The Planning Commission and the City Council held duly noticed public hearings as required by law. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, the City Council having reviewed, analyzed and studied said proposal. Notice of the public hearing was provided as required by law. Section 4. Pursuant to the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 to Section 21177, State CEQA Guidelines, 14 California Code of Regulations §§ 15000, et seq., and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendment and concluded that the proposed project is exempt from CEQA requirements because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefore. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of nonconforming structures on the environment. Accordingly, the proposed Ordinance is exempt pursuant to the following categorical exemptions set forth in the State CEQA Guidelines: Section 15301 (Existing Facilities), Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment) and pursuant to Section 15061 (b)(3) aka the "common sense" exemption because there is no possibility that this ordinance could have a significant effect on the environment. Also, the proposed Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378 (b)(2, 5)). Section 5. After considering the information presented during the public hearings on this matter, the City Council finds that the proposed Municipal Code amendments comply with the requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government section 65850 through Section 66403). Section 6. The City Council hereby adopts an Ordinance amending certain provisions of Title 17 (Zoning) of the Rolling Hills Municipal Code as specified in Exhibit A, which is attached and made a part hereof. Ordinance No. 329 1 Section 7: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 8: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF JULY 2012. J S BLACK, M.D. YOR ATTEST: �_ /�; 6 HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 329 2 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 329 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING TITLE 11 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE TO MODIFY THE REVIEW PROCESS FOR RECONSTRUCTION OF EXISTING RESIDENCES AND ADDITIONS THERETO WHERE PARTIAL OR TOTAL DEMOLITION IS PROPOSED, IN ZONING CASE NO. 820, ZONING CODE AMENDMENT NO. 2012-03. THE PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the City Council on July 23, 2012 by the following roll call vote: AYES: Councilmembers Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Ordinance No. 329 3 c ,, AAA' IC-�-V f K— HEIDI LUCE DEPUTY CITY CLERK EXHIBIT A 1. Amend Section 17.44.020 in its entirety to read as follows: 17.44.020 Applicability Zone Clearance shall be required for the following projects and structures: A. The construction of a stable, run-in shed, corral, turnout, aviary and other related agricultural structures and uses as specified in Section 17.18.040 of Chapter 17.18, and which do not require grading. B. Alteration, modification, or repair of any existing structures, and the construction of new accessory structures not greater than 200 square feet, and structures which are exempt from site plan review, as specified in Section 17.46.020 Site Plan Review of this title. C. Additions to a single family dwelling unit (including attached garage), which increases the size of the structure by no more than nine hundred ninety nine (999) square feet and where less than 50% of the existing exterior walls (in linear feet) are proposed for demolition, in any thirty-six month period, which period shall be measured from the date that a certificate of occupancy or final construction inspection was issued for a prior addition. D. All other miscellaneous projects and structures, including, but not limited to architectural features and elements, porches and patios not higher than twelve (12) inches above the natural grade, driveways, entryways, outdoor barbecues and fire places, gazebos, pilasters, service yard, boundary fences, driveway entry trellis, hardscape, drainage devices, solar panels and similar structures, provided the construction thereof does not trigger grading, is not part of a development plan which otherwise requires a discretionary approval, such as site plan review, conditional use permit or a variance and meet all the requirements of this title. E. Reconstruction of a single family dwelling unit (including attached garage) within the existing footprint, including an addition that increases the size of the dwelling by no more than nine hundred ninety nine (999) square feet and where fifty percent (50%) or more of the existing exterior walls (in linear feet) are proposed for demolition, if after flagging the entire proposed roof line including any addition, and notifying in writing by regular mail the owners of property located within one thousand (1,000) feet of the exterior property line of the affected lot ("noticed property"), and property owners from no more than one noticed property submit a written objection within fourteen days of the date of the notice. 2. Amend Section 17.46.020 in its entirety to read as follows: 17.46.020 Applicability A. Site Plan Review shall be required for the following projects: 1. Any grading, except when exempt, pursuant to Section 15.04.120 of the Building and Construction Code. 2. The construction of any new building or structure, except for the following: a. A swimming pool and spa, which is less than eight hundred square feet in area (area of surface water), that do not require grading and when such construction would not cause exceedance of the requirements for structural and total net lot coverage and disturbed area of the lot. For the purpose of this section, the actual excavation for the swimming pool or spa is not considered grading. However, should there be a need to create a buildable pad for the purpose of locating the swimming pool or spa on the pad, and if such construction does not meet the exemption criteria pursuant to Section 15.04.120 of the Building and Construction Code, a site plan review shall be required. b. Reconstruction of any conforming, legally established primary residential structure or accessory structure which is damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, subject to Chapter 17.24. C. Reconstruction of any nonconforming, legally established primary residential structure or accessory structures which are damaged by fire, explosion, earthquake or other casualty or act of God or the public enemy, meeting the criteria of Sections 17.24.050(A) and 17.24.050(B) of this title. d. Pool equipment, fountain and water features. e. Structures and uses listed in Section 17.16.140 (Permitted projections), Section 17.16.150 (Structures and driveways permitted within setbacks), and Section 17.44.020 (Zone clearance) of this title. Ordinance No. 329 4 1 f. Notwithstanding the requirement of subsection A.3.c. of this section, reconstruction within the existing footprint of a single family dwelling unit (including attached garage) located within the overlay zoning district specified in Chapter 17.17 (OZD-1) of this title. g. Notwithstanding the requirement of subsection A.3.c. of this section, reconstruction within the existing footprint of a single family dwelling unit (including attached garage) that meets the criteria for the reduced setbacks in Section 17.24.045 of this title. 3. The expansion, modification, alteration or repair of any existing building or structure which: a. Requires grading. b. Increases the size of the building or structure by more than nine hundred ninety nine (999) square feet. C. Reconstruction of a single family dwelling unit (including attached garage) within the existing footprint, including an increase, if any, in the size of the dwelling of no more than nine hundred ninety nine (999) square feet, if all of the following apply: 1. Fifty (50%) or more of the existing exterior walls (in linear feet) of the structure are proposed for demolition; and 2. Two or more objections are received by the City from noticed property in response to the notification procedure set forth in Section 17.44.020.E. B. No grading, electrical, plumbing, mechanical or building permit shall be issued for any such construction or modification until the provisions of this title have been complied with fully. Ordinance No. 329 5 ORDINANCE NO. 330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AN AMENDMENT TO TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO EXEMPTION OF CITY PROPERTIES FROM THE PROVISIONS OF THE ZONING ORDINANCE IN ZONING CASE NO. 828, ZONING CODE AMENDMENT NO. 2012-04. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. In reviewing the City's Zoning and Building and Construction ordinances, staff found that modifications to said ordinances are necessary due to inconsistent, unclear, vague and ambiguous language and provisions. To address these issues, the Planning Commission has recommended clarifying, modifying and revising certain provisions of the Zoning Ordinance. Section 2. Chapter 17.50 of the Zoning Ordinance contains provisions to allow for amendments to City's ordinances. A public hearing before the Planning Commission is necessary, before a recommendation can be forwarded to the City Council for a Zoning Code amendment. Further, the code provides that at least one public hearing before the City Council is necessary to amend the zoning code. The Planning Commission held duly noticed public hearing on September 18, 2012 to review the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. Notice of the public hearing was provided as required by law. Section 3. On October 8, 2012 the City Council held duly noticed public hearing and introduced the proposed ordinance for first reading, to consider the Planning Commission recommendation and take public testimony regarding the proposed amendments. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the City Council having reviewed, analyzed and studied said proposal. Notice of the public hearing was provided as required by law. Section 4. Pursuant to California Environmental Quality Act (CEQA) requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendment and concluded that the proposed project is exempt from CEQA requirements pursuant to Section 15061 (b) (3) finding that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, staff has found that this ordinance is also categorically exempt in accordance with CEQA Guidelines §§ 15301 as a minor alteration of existing public or private structures involving no expansion of use and 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density regarding properties. Section 5. After considering the information presented during the public hearings on this matter, the City Council finds that the proposed Municipal Code amendment complies with the requirements of the City of Rolling Hills General Plan and of the State Planning and Zoning Laws (Government Section 65000 through Section 66035), because the proposed ordinance meets Goal #1 of the General Plan to continue to maintain Rolling Hills' distinctive rural residential character. Section 6. The City Council hereby adopts an Ordinance amending provisions of Title 17 (Zoning) of the Rolling Hills Municipal Code as follows: 1. Amend Section 17.20.130 to read as follows: 17.20.130 Exceptions for city nronerties. City -owned properties, and structures shall be exempt from the provisions of this chapter. 2. Amend the heading of Section 17.20.130 in the Table of Content of Chapter 17.20. Public Facilities (PF) Zone to read: 17.20.130 Exceptions for city properties 3. Amend Chapter 17.08 to add the following Section: Ordinance No. 330 1 17.08.055 Exceptions for city properties. City -owned properties and structures shall be exempt from the provisions of this chapter. 4. Amend the Table of Contents in Chapter 17.08 to add: 17.08.055 Exceptions for city properties Section 7: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Section 8. Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 9. Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED AND ADOPTED THIS 22N -D ATTEST: HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 330 2 OF OCTOBER, 2012. BLACIC M.D. 1 1 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 330 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AN AMENDMENT TO TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO EXEMPTION OF CITY PROPERTIES FROM THE PROVISIONS OF THE ZONING ORDINANCE IN ZONING CASE NO. 828, ZONING CODE AMENDMENT NO. 2012-04. was approved and adopted at a regular meeting of the City Council on October 22, 2012 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDILUCE DEPUTY CITY CLERK Ordinance No. 330 3 1 ORDINANCE NO. 331 AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS The City Council of the City of Rolling Hills does hereby ordain as follows: SECTION 1: Section 3.08.080 of Title 3, Chapter 3.08 of the Rolling Hills Municipal Code is amended in its entirety to read as follows: 3.08.080 Pavment. The procedure in this section is adopted as an alternative to the procedure specified in Section 37203 of the California Government Code. All claims and demands of the City shall be paid by voucher check drawn against a bank account maintained by the City, which checks shall have not less than two signatures. Any member of the City Council and the City Manager are authorized to sign City checks. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED, AND ADOPTED this 22nd day of October, 2012. Jam s Black, M.D. Ma or ATTEST: Anto a er , City Clerk Ordinance No. 331 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) H CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 331 entitled: AN ORDINANCE AMENDING ROLLING HILLS MUNICIPAL CODE SECTION 3.08.080 REGARDING AUTHORIZATION TO SIGN CITY VOUCHER CHECKS was approved and adopted at a regular meeting of the City Council on October 22, 2012 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay, Pernell and Mayor Black. NOES: None. I:\:i.Y�1�1�►� ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 0Wk HEIDI LUC DEPUTY CITY CLERK 1-1 Ordinance No. 331 2 ORDINANCE NO. 332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING TITLE 6 (ANIMALS) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO KEEPING OF POT-BELLIED PIGS, USE OF EXISTING LEGALLY CONSTRUCTED STABLES WITH LOFTS, AND MODIFY!NG OTHER MINOR PROVISIONS OF TITLE 17, IN ZONING CASE NO. 831, ZONING CODE AMENDMENT NO. 2012-05. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. Lq the past several years the City has reviewed and analyzed its ordinances pertaining to the use and construction of stables and keeping of animals. Several amendments were made to better define stable uses and to allow for certain other than stable uses, when no animals are kept on the property. Staff continues to monitor and review the everyday uses of existing stables and whether further changes are warranted. Section 2. After further review of the City's Zoning Ordinance recent amendments related to stables, the Planning Commission recommended to further clarify, modify and revise few provisions. In addition several codification errors were fund, which must also be corrected. Section 3. It has been brought to City staff attention that numerous residents keep pot-bellied pigs as pets on their properties. Although they are in the swine animal family, U� rich is not currently allowed in the City, pot-bellied pigs are routinely kept on properties without causing complaints among residents. Accordingly, the Planning Commission recommended a reasonable limit of two (2) pot-bellied pigs that may be maintained as domestic pets. Section 4. Pursuant to California Environmental Quality Act (CEQA) requirements, and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendment and concluded that the proposed project is exempt from CEQA requirements pursuant to Section 15061 (b) (3) finding that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, staff has found that this ordinance is also categorically exempt in accordance with CEQA Guidelines §§ 15301 as a minor alteration of existing structures involving no expansion of use and 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density regarding properties. Section 5. Chapter 17.50 of the Zoning Ordinance of the City of Rolling Hills contain=:, o ovisions to allow for amendments to City's ordinances. A public hearing before the Planning Commission is necessary, before a recommendation can be forwarded to the City Council regarding Title 17 amendment. Further, the code provides that at least one public hearing before the City Council is necessary to amend the zoning code. The Planning Commission held a duly noticed public hearing as required by law. The City Council held a duly noticed public hearing on November 26, 2012. Notice of the public hearing was provided as required by law. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and City Council. Members of the City Council have reviewed, analyzed and studied said proposal. Section 6. After considering the information presented during the public hearing on this matter, the City Council finds that the proposed Zoning Ordinance amendments are consistent with the Cit; f Rol ir°fig Hills General Plan, because the proposed ordinance meets Goal #1 of the General Plan to continue to maintain Rolling Hills' distinctive rural residential character. Ordinance No. 332 1 Section 7. The City Council hereby adopts an Ordinance amending provisions of Title 6 (Animals) of the Municipal Code as follows: A. Add Section 6.08.132 as follows: Section 6.08.132. "Pot-bellied pigs``shall mean domesticated miniature Vietnamese, Chinese or Asian pot-bellied or pot -belly pigs not exceeding one hundred twenty-five pounds in weight. B. Amend Section 6.08.160 - Swine as follows: "Swine" means any hog, pig, sow or piglet thereof including pot-bellied pigs as defined in Section 6.08.132. C. Amend Section 6.48.060 Keeping swine prohibited to read as follows: Section 6.48.060 Keeping swine. It is a nuisance to, and no person shall, keep or maintain any swine within the City as defined in Section 6.08.160, except t'ia+ ro more than two (2) pot-bellied pigs as defined in Section 6.08.132 may be marl►::fined as domestic pets. Section 8. In accordance with Chapter 17.50 of the Zoning Ordinance of the City of Rolling Hills and with the State Planning and Zoning Laws (Government Section 65000 through Section 66035), upon recommendation from the Planning Commission the City C© ascii hegeby adopts an Ordinat:ce amending provisions of Title 17 (Zoning) of the Municipal Code as follows: A. Amend Section 17.160.030 H Accessory uses and structures, to read: H. Keeping of domestic animals including not more than two (2) pot-bellied pigs, each not exceeding one hundred twenty-five pounds in weight, if maintained as pets, but excluding all other swine, subject to Chapter 17.18 of Title 17 and Chapter 6.48 of Title 6 of the Municipal Code. B. Amend Section 17.12.010 "A" words, terms and phrases to read: "Animal, Domestic, small", means animals customarily kept in a house as a p,,." . ,;uch as dogs, cats, fish and cage birds. Small domestic animals also include but are not limited to miniature horses, donkeys, mules, pot-bellied pigs, rabbits, goats, sheep, bees and fowl such as chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squab and other similar animals. C. Amend Section 17.18.060 requirements for stables requiring conditional use permit; Section A. General requirements and uses, Paragraph #5 to read as follows: 5. Notwithstanding any other provision of this chapter, an existing stable, legally constructed prior to the effective date of the ordinance from which this chapter derives (August 12, 2010), which has a loft area that is maintained as a tack room and the loft area comprises more than forty percent of the size of the first floor may continue to be maintained provided that the area of the loft used as a tack room does not exceed eight hundred square feet, that no other tack room exists on the property and the remaining of the structure and its uses are in compliance with the remaining sections of this chapter. D. Amend Section 17.18.060 Requirements for stables requiring conditional use ep rmit; Section E. Loft space within a stable, paragraph #1 to read as follows: 1. Loft may be permitted above a stable structure Ordinance No. 332 2 1 1 E. Amend Section 17.18.100 Requirements for horseback riding_ ring_ s paragraph #3 to read as follows: 3. Horseback riding ring shall not be permitted in the front yard of the lot and shall be located no less than twenty-five feet from side property line in the RAS -1 zone, no less than thirty-five feet from the side property line in the RAS -2 zone, no less than twenty-five feet from the side roadway easement line and no closer than twenty- five feet from the rear property line. Section 9. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Section 10. Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 11: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED ANT) ADOPTED THIS 14TH DAY OF JANUARY 2013. ATTEST: Q141A, ;lJ P1,J4.. I W / U A A HEIDI L CE DEPUT' :'"1TY CLERK Ordinance No. 332 3 JABLACK, MD M10 R STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 332 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING TITLE 6 (ANIMALS) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO KEEPING OF POT-BELLIED PIGS, USE OF EXISTING LEGALLY CONSTRUCTED STABLES INITH LOFTS, AND MODIFYING OTHER MINOR PROVISIONS C,'± _I ± R E 17, IN ZONING CASE NO. 831, ZONING CODE AMENDMENT NO. 2012-05. was approved and adopted at a regular meeting of the City Council on January 14, 2013 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Ordinance No. 332 HEIDI LUCE DEPUTY CITY CLERK 4 1 1 ORDINANCE NO. 333 (MEASURE B) Chapter 17.26 of the Ordinance of the City of Rolling Hills, "View Preservation", is amended in the following respect only: Section 17.26.090 is added, and reads: "17.26.090 Preservation of Views Defined. Notwithstanding any other provision of Chapter 17.26.010 to 17.26.080 inclusive, the following provision shall apply and supersede in priority any other provision. 1. A view is defined in Chapter 17.12.220 and only applies to that view existing from the date any current owner of a property in the City of Rolling actually acquired the property. 2. Chapter 17.26.010 provides that the intent of the Ordinance is to protect views from "maturing" vegetation. As such, in addition to the limitations otherwise set forth in Chapter 17.26, including but limited to this Section 17.26.090, any vegetation which is already mature at the time any party claiming a view impairment actually acquired the property shall be exempt from Chapter 17.26. "Mature" versus "Maturing" shall be defined by industry standards predominantly accepted by arborists. 3. The burden of proof to show that any view is impaired shall be upon the party claiming such impairment, and the standard shall be by "clear and convincing evidence". Evidence shall be weighted in the following order of priority: a. Photographs; b. Expert testimony; and lastly c. Other evidence. 4. Chapter 17.26.050 E is clarified to add the following two sentences after the first sentence thereof: Such order is not intended to create an unobstructed view for applicants. Instead it is intended to create view corridors and a view through trees. 5. "This Section 17.26.090 shall be effective retroactively to the date Chapter 17.26 was first made an Ordinance to the City of Rolling Hills." PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MARCH, 2013. ATTEST: 4&LI) HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 333 (Measure B) March 5, 2013 Election AMES BLACK, MD MAYOR STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) H CITY OF ROLLING HILLS 1 I certify that the foregoing Measure which appeared on the ballot of the City of Rolling Hills General Municipal Election held on March 5, 2013 prevailed and was approved and adopted by Resolution No. 1140 which declared the results of said election at an adjourned regular meeting of the City Council on March 18, 2013 by the following roll call vote: AYES: Councilmembers Heinshiemer, Hill, Lay, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. �J HEIDI LUCE DEPUTY CITY CLERK 1 1 Ordinance No. 333 (Measure B) March 5, 2013 Election 2 ORDINANCE NO. 334 AN ORDINANCE OF. THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL THE CITY COUNCIL OF THE CITY OF ROLLING HILL DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co -permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co -permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. . E. The purpose of this ordinance is to comply with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; 2. Regulating illicit connections and illicit discharges and ' thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. Section 2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and CEQA Guidelines of the City of Rolling Hills, it has been determined that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code .of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable preservation of the environment. This ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant negative effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15307 as actions taken by a regulatory agency for the protection of natural resources to assure the maintenance, restoration, or enhancement of a natural resources; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3. The City Council hereby amends in its entirety Chapter 8.32 of Title 8 of the Rolling Hills Municipal Code as set forth in Exhibit A incorporated herein by this reference and which is attached hereto and made a part hereof. Section 4. Severability. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. Section 5. Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Ordinance No. 334 Section 6. Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED AND ADOPTED ON THE 24TH DAY OF JUNE, 2013. TE. HILL MAYOR ATTEST: lwl" HEIDI LUCE, DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 334 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING IN ITS ENTIRETY CHAPTER 8.32 OF TITLE 8 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING STORM WATER MANAGEMENT AND POLLUTION CONTROL was approved and adopted at a regular meeting of the City Council on June 24, 2013 by the following roll call vote: AYES: Councilmembers Dieringer, Lay, Pieper and Mayor Hill. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices la&& HEIDI LUCE DEPUTY CITY CLERK Ordinance No. 334 2 EXHIBIT A Chapter 8.32 - STORM WATER MANAGEMENT AND POLLUTION CONTROL Sections: 8.32.010 - Title. 8.32.020 - Findings. 8.32.030 - Purpose and intent. 8.32.040 -. Definitions. 8.32.050 - Construction and application. 8.32.060 - Prohibited activities. 8.32.070 - Exempted discharges, conditionally exempted discharges or designated discharges. 8.32.080 - Good housekeeping provisions. 8.32.090 - Requirements for construction activities. 8.32.095 - Planning and Land Development Program requirements for New Development and Redevelopment projects. 8.32.100 - Enforcement. 8.32.110 - No taking. 8.32.010 - Title.. This Chapter shall be known as the "City of Rolling Hills Storm Water Management and Pollution Control Ordinance." 8.32.020 - Findings. A. The Federal Clean Water Act (33 U.S.C. Sections 1251, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the United States by extending National Pollutant Discharge Elimination System (hereinafter "NPDES") requirements to storm water and dry weather runoff discharge into storm drain systems. B. Storm water and dry weather runoff flows from individual properties in the City into natural drainage courses and storm drains owned by other agencies prior to reaching surface waters also known as receiving waters. C. The City of Rolling Hills is a co -permittee under the Municipal NPDES Permit authorized by the Federal Clean Water Act. As a co -permittee, the City is required to maintain adequate legal authority within its respective jurisdiction to control pollutant discharges and to require the use of control measures to prevent or reduce the discharge of pollutants to achieve water quality standards. D. In order to control, in a cost-effective manner, the quantity and quality of storm water and dry weather runoff to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential. E. The City of Rolling Hills is a unique, low density residential community where development consists of single-family residential homes on large estate -size lots; the only nonresidential development in the City consists of City administration buildings, a fire station, water reservoirs, and a.public school campus. F. All roadways in the City are privately owned and maintained by the Rolling Hills Community Association. The City of Rolling Hills does not own or operate a municipal separate storm sewer system. Natural drainage courses within the City are located on private property. G. Properties with geologic instability throughout the City and the hillside topography of the entire community make it difficult and in some instances hazardous for property owners to have storm water retention on site if such retention will result in absorption of water in slide planes. H. All the properties within the City limits are under the constraints and limitations of CC&Rs of the Rolling Hills Community Association 8.32.030 - Purpose and intent. A. The purpose of this chapter is to comply with the Federal Clean Water Act, the California Porter - Cologne Water Quality Control Act, and the Municipal NPDES Permit by: 1. Reducing pollutants in storm water discharge to the maximum extent practicable; Ordinance No. 334 -3- 2. Regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and dry weather runoff into receiving waters; and 3. Regulating non -storm water discharges to the storm sewer system. B. The intent of this chapter is to: 1. Protect and enhance the quality of watercourses, water bodies, and wetlands within the City in a manner consistent with the Federal Clean Water Act, the California Porter -Cologne Water Quality Control Act and the Municipal NPDES Permit; 2. Provide the City with the legal authority necessary to implement and enforce the requirements contained in 40 CFR § 122.26(d)(2)(i)(A-F) and in the Municipal NPDES Permit to the extent they are applicable in the City of Rolling Hills; and 3. Set forth compliance measures for the construction and operation of storm water mitigation measures required for certain "New Development" and "Redevelopment", and other projects (as further defined herein) as prescribed in the current version of the Municipal NPDES Permit approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This chapter authorizes the City Manager or his/her designee to serve as an authorized enforcement officer to define and adopt applicable Best Management Practices (BMPs) and other storm water pollution control measures, to grant emergency self -waivers, as necessary, and to cite infractions and to impose fines pursuant to this chapter. Except as otherwise provided herein, the authorized enforcement officer shall administer, implement, and enforce the provisions of this section. 8.32.040 - Definitions. Except as specifically provided herein, any term used in this chapter shall be defined as that term defined in the current Municipal NPDES Permit, or if it is not specifically defined in the Municipal NPDES Permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. The following definitions apply to this chapter only: "Area susceptible to runoff' means any surface directly exposed to precipitation or in the path of runoff caused by precipitation. "Authorized enforcement officer" means the City Manager or his or her designee. "Best Management Practices (BMPs)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from storm water or non -storm water discharges to receiving waters, or designed to reduce the volume of storm water or non -storm water discharged to the receiving water. Examples of BMP's may include public education and outreach, proper planning of development projects, and proper sludge- or waste -handling and disposal, among others. "City" means the City of Rolling Hills. "Construction" means any construction or demolition activity, clearing, grading, grubbing, excavation, or any other activities that result in soil disturbance. Construction includes structure teardown and demolition. It does not include routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, original line and grade, hydraulic capacity, or original purpose of facility; emergency construction activities required to immediately protect public health and safety (including fire prevention); clearing and grubbing of vegetation for landscape maintenance and fire prevention which is not associated with a larger construction project; interior remodeling with no outside exposure of construction material or construction waste to storm water; mechanical permit work; or sign permit work. See "Routine Maintenance" definition below. "Construction General Permit" means the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ (NPDES No. CAS000002), adopted September 2, 2009, and any successor permit to that permit. "Control" means to minimize, reduce, eliminate, or prohibit by technological, legal, contractual or other means, the discharge of pollutants from an activity or activities. "Development" means any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. "Directly Adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area. "Director" means the City Manager or his or her designee. Ordinance No. 334 -4- 1 1 "Discharge" means when used without qualification the "discharge of a pollutant." "Discharging directly" means outflow from a drainage conveyance system that is composed entirely or predominantly of flows from the subject, property, development, subdivision, or industrial facility, and not commingled with the flows from adjacent lands... "Discharge of a Pollutant" means: any addition of any "pollutant" or combination of pollutants to "waters of the United States" from any "point source" or, any addition of any pollutant or combination of pollutants to the waters of the "contiguous zone" or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. The term discharge includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. "Discretionary project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular. activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disturbed Area" means an area that is altered as a result of clearing, grading, and/or excavation, unless solely for the purposes of landscape maintenance or fire prevention. "Environmentally Sensitive Area" ("ESA") means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would be easily disturbed or degraded by human activities and developments (California Public Resources Code § 30107.5). Areas subject to storm water mitigation requirements are areas designated as Significant Ecological Areas by the County of Los Angeles (Los Angeles County Significant Areas Study, Los Angeles County Department of Regional Planning (1976) and amendments); an area designated as a Significant Natural Area by the California Department of Fish and Game's Significant Natural Areas Program, provided that area has been field verified by the Department of Fish and Game; an area listed in the Basin Plan as supporting the Rare, Threatened, or Endangered Species (RARE) beneficial use; and an area identified by the City as environmentally sensitive. "Good housekeeping practices" means common practices related to the storage, use or cleanup of materials, performed in a manner that minimizes the discharge of pollutants. Examples include, but are not limited to, purchasing only the quantity of materials to be used at a given time, use of alternative and less environmentally harmful products, cleaning up spills and leaks, and storing materials in a manner that will contain any leaks or spills. "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes. "Illicit connection" means any human -made conveyance that is connected to the storm drain system without a permit, excluding roof -drains and other similar type connections. Examples include channels, pipelines, conduits, inlets or outlets that are connected directly to the storm drain system. "Illicit discharge" means any discharge to the storm drain system that is prohibited under local, state or federal statutes, ordinances, codes or regulations. The term illicit discharge includes all non -storm water discharges except authorized non -storm water discharges; conditionally exempt non -storm water discharges; and non -storm water discharges resulting from natural flows specifically identified in the Municipal NPDES Permit. "Infiltration" means the downward entry of water into the surface of the soil. "Inspection" means entry and the conduct of an on-site review of structures and devices on a property, at reasonable times, to determine compliance with specific municipal or other legal requirements. The steps involved in performing an inspection, include, but are not limited to: 1. Pre -inspection documentation research; 2. Request for entry; 3. Interview of property owner, resident and/or occupant(s); 4. Property walk-through;. 5. Visual observation of the condition of property; 6. Examination and copying of records as required; 7. Sample collection (if necessary or required); 8. Exit discussion (to discuss. preliminary evaluation) as appropriate; and Ordinance No. 334 -5- 9. Report preparation, and if appropriate, recommendations for coming into compliance. "Low Impact Development (LID)" means building or landscape features designed to retain or filter storm water runoff. "Material" means any substance including, but not limited to: garbage and debris; lawn clippings, leaves and other vegetation; biological and fecal waste; sediment and sludge; oil and grease; gasoline; paints, solvents, cleaners and any fluid or solid containing chemicals. "Municipal NPDES Permit" means the "Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except Those Discharges Originating from the City of Long Beach MS4" (Order No. R4-2012-0175), NPDES Permit No. CAS004001, effective December 28, 2012, issued by the California Regional Water Quality Control Board—Los Angeles Region, and any successor permit to that permit. "Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): 1. Owned or operated by a state, city, town borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; 2. Designed or used for collecting or conveying storm water; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2. "Natural Drainage Systems" means all drainages that have not been improved (e.g., channelized or armored with concrete, shotcrete, or rip -rap) or drainage systems that are tributary to a natural drainage system. "New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "New development is not land disturbing activities solely involving landscaping or fire prevention. "Non -storm water discharge" means any discharge into the MS4 or from the MS4 into a receiving water that is not composed entirely of storm water. "NPDES" or "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, and revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Clean Water Act Section 307, 402, 318, and 405. "Pollutant" means those "pollutants" defined in Section 502(6) of the Federal Clean Water Act (33 U.S.C. Section 1362(6)), or incorporated into California Water Code Section 13373. Examples of pollutants include, but are not limited to the following: 1. Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash and sludge); 2. Metals such as cadmium, lead, zinc, copper, silver, nickel, chromium; and non-metals such as phosphorus and arsenic; 3. Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); 4. Excessive eroded soils, sediment and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora or fauna of the State; 5. Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables and show facilities); 6. Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus. "Project" means all development, redevelopment, and land disturbing activities excluding landscaping projects. "Rain event" means a rainfall event that produces more than 0.1 inch of precipitation in twenty-four hours unless specifically stated otherwise. "Redevelopment" means, land -disturbing activity that results in the creation, addition, or replacement of 10,000 square feet or more of impervious surface on existing single family dwelling and Ordinance No. 334 -6- i 1 1 accessory'structures or the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site for non -single family projects. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part �af' a ,routine maintenance activity; and land disturbing activities related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. "Regional Board" means the California Regional Water Quality Control Board -Los Angeles Region. "Routine Maintenance" includes, but is not limited to projects conducted to: 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility; 2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities; 3. Carry out road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts; 4. Update existing lines and facilities, including the replacement of existing lines with new materials or pipes, to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity; 5. Repair leaks; 6. Conduct landscaping activities without changing existing or natural grades; and 7. Conduct disking and grubbing for fire prevention. Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines. "Runoff' means any runoff including storm water and dry weather flows from a drainage area that reaches a receiving water body or subsurface. During dry weather it is typically comprised of base flow either contaminated with pollutants or uncontaminated, and nuisance flows. "Significant Ecological Area" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species; 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis; 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County; 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County; 5. Biotic resources that are of scientific interest because they are either an extreme in physical/ geographical limitations, or represent an unusual variation in a population or community; 6. Areas important as game species habitat or as fisheries; 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County; and 8. Special areas. "Simple LID BMP" means a BMP constructed above ground on a single-family residential home that can be readily inspected by a homeowner or inspector. Simple LID BMPs do not require an operation and maintenance plan per the Municipal NPDES Permit. Examples of such BMPs include, but are not limited to, vegetated swales, rain barrels and above ground cisterns, rain gardens, and pervious pavement. "Site" means the land or water area where any "structure or activity" is physically located or conducted, including adjacent land used in connection with the structure or activity. "Source control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. Ordinance No. 334 -7- "Storm water" means storm water runoff and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed. Reg. 47990, 47996 (Nov. 16, 1990)). "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and dry weather runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both treatment control BMPs and source control BMPs. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. 8.32.050 - Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Municipal NPDES Permit, and any amendment, revision or reissuance thereof. 8.32.060 - Prohibited activities. A. Illicit Discharges. It is prohibited to discharge pollutants into natural drainage courses. B. Littering. No person shall intentionally throw, deposit, place, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles or accumulations, on or upon any roadway, driveway, trail, canyon, storm drain, inlet, catch basin conduit or drainage structure, or upon any private plot of land in the City, so that the same might be or become a pollutant. No person shall throw or deposit litter in any fountain, pond, stream or other body of water within the City. This subsection shall not apply to refuse, rubbish or garbage deposited in containers, bags or other appropriate receptacles which are placed in designated locations for regular solid waste pick up and disposal. C. Disposal of Landscape Debris. It is prohibited to intentionally dispose of leaves, dirt, or other landscape debris into the MS4 or into natural drainage courses. D. No person shall intentionally dispose of manure or any animal waste into the MS4 or into natural drainage course. E. Non -Storm Water Discharges. All non -storm water discharges into the municipal storm sewer system are prohibited unless those flows are: in compliance with a separate NPDES Permit; pursuant to a discharge exemption by the Regional Board, the regional board's executive officer, or the State Water Resources Control Board; associated with emergency firefighting activities (i.e., flows necessary for the protection of life or property); natural flows as defined in the Municipal NPDES Permit; conditionally exempt non -storm water discharges as defined in accordance with the Municipal NPDES Permit; or authorized as a temporary non-stormwater discharge by USEPA pursuant to sections 104(a) or 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Prohibited discharges include, but are not limited to: 1. The discharge of runoff from mobile auto washing, steam cleaning, mobile carpet cleaning, and other such mobile commercial and industrial operations (excluding non-commercial car washing by residents and non-profit organizations); 2. Discharges from areas where repair of machinery and equipment, including motor vehicles, which are visibly leaking oil, fluid or antifreeze, is undertaken; 3. Discharges of runoff from areas where materials containing grease, oil, or other hazardous substances (e.g., motor vehicle parts) are stored, and discharges from uncovered receptacles containing hazardous materials; 4. The discharge of chlorinated/brominated swimming pool water and filter backwash; 5. Discharges of runoff from the washing of toxic materials from paved or unpaved areas; 6. Discharges from the washing out of concrete or cement laden wash water from concrete trucks, pumps, tools, and equipment; 7. Discharges of any pesticide, fungicide, or herbicide, banned by the USEPA or the California Department of Pesticide Regulation; 8. Discharge of any food or food processing wastes; 9. Discharge of any fuel and chemical wastes, animal wastes, garbage, batteries, and other materials that have potential adverse impacts on water quality; and Ordinance No. 334 -8- 1 1 �I 10. The disposal of hazardous wastes into trash containers that causes a direct or indirect discharge to the municipal storm water system. F. Discharges in Violation of the Municipal NPDES Permit. Any discharge that would result in or contribute to a violation of the Municipal,NPDES Permit, either separately or in combination with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such person(s) shall defend, indemnify and hold harmless the City from all losses, liabilities, claims or causes of actions in any administrative or judicial action relating to such discharge. 8.32.070 - Exempted discharges, or conditionally, exempted discharges or designated discharges. Discharges from those activities specifically identified in, or pursuant to, the Municipal NPDES Permit as .being exempted discharges, or conditionally exempted discharges, shall not be considered a violation of this chapter; provided, that any applicable BMPs developed pursuant to the Municipal NPDES Permit are implemented to minimize any adverse impacts from such identified sources and that required conditions outlined in the Municipal NPDES Permit are met prior to discharge. 8.32.080 - Good housekeeping provisions. Owners and occupants of property within the City shall implement Best Management Practices to prevent or reduce the discharge of pollutants to the municipal storm water system to the maximum extent practicable. Treatment and structural Best Management Practices shall be properly operated and maintained to prevent the breeding of vectors. Implementation includes, but is not limited to: A. Septic Waste. No person shall leave, deposit, discharge, dump or otherwise expose any chemical or septic waste to precipitation. B. Use of Water. Runoff of water used for irrigation purposes shall be minimized to the maximum extent practicable. Runoff of water from the conditionally exempt washing down of paved areas shall be minimized to the maximum extent practicable. Conditionally exempt non -storm water discharges of roadway/driveway wash water only include those discharges resulting from use of high pressure, low volume spray washing using only potable water with no cleaning agents. Conditionally exempt non -storm water discharges of roadway/driveway wash water do not include hosing of any driveway or roadway with a garden hose with a pressure nozzle. C. Storage of Materials, Machinery, and Equipment. Machinery or equipment that is to be repaired or maintained in areas susceptible to or exposed to storm water, shall be placed in a manner so that leaks, spills and other maintenance -related pollutants are not discharged to the MS4. D. Removal and Disposal of Debris from Institutional Motor Vehicle Parking Lots. Institutional motor vehicle parking lots with more than twenty-five parking spaces that are located in areas potentially exposed to storm water shall have debris removed in an effective manner regularly from such parking lots. E. Best Management Practices. Best Management Practices shall be used in areas exposed to storm water for the removal and lawful disposal of all fuels, chemicals, fuel and chemical wastes, animal wastes, garbage, batteries, or other materials which have potential adverse impacts on water quality. 8.32.090 - Requirements for construction activities. A. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general storm water permit addressing such discharges, as may be issued by the U.S. Environmental Protection Agency, the State Water Resources Control Board, or the Regional Board, shall comply with all requirements of such permit. Each discharger identified in an individual NPDES permit shall comply with and undertake all activities required by such permit. Proof of compliance with any such permit may be required in a form acceptable to the Authorized Enforcement Officer prior to the issuance of any grading, building or occupancy permits, or any other type of permit or license issued by the City. B. Storm water runoff containing sediment, construction materials or other pollutants from the construction site and any adjacent staging, storage or parking areas shall be reduced to the maximum extent practicable. The following shall.apply to all construction projects within the City, regardless of project size, and shall be required from the time of land clearing, demolition, or commencement of construction until fmdlapproval: 1. Sediment, construction wastes, trash and other pollutants from construction activities shall be reduced to the maximum:extent practicable. Ordinance No. 334 -9- 2. Structural controls such as sediment barriers, plastic sheeting, detention ponds, filters, berms, and similar controls shall be utilized to the maximum extent practicable in order to minimize the escape of sediment and other pollutants from the site. 3. All excavated soil shall be located on the site in a manner that minimizes the amount of sediment running onto the street, drainage facilities or adjacent properties. Soil piles not actively in use shall be bermed or covered with plastic or similar materials until the soil is either used or removed from the site. 4. No washing of construction or other vehicles is permitted adjacent to a construction site. No water from the washing of construction vehicle of equipment on the construction site is permitted to run off the construction site and enter the municipal storm water system. 5. Trash receptacles must be situated at convenient locations on construction sites and must be maintained in such a manner that trash and litter does not accumulate on the site nor migrate off site. Trash receptacles must be covered at the end of each business day and during rain events. 6. Erosion from slopes and channels must be controlled through the effective combination of Best Management Practices. C. Construction sites where the construction activity covers less than 1 acre must implement an effective combination of erosion and sediment control BMPs from the Municipal NPDES Permit to prevent erosion and sediment loss, and the discharge of construction wastes. D. The owner or authorized representative of the owner must certify in a form acceptable to the Director or duly authorized representative that Best Management Practices to control runoff from construction activity at all construction sites will be implemented prior to the issuance of any Building or Grading permit, E. Construction sites where the construction activity covers 1 acre or more must adhere to the requirements set forth in the Municipal NPDES Permit and the Construction General Permit. A Storm Water Pollution Prevention Plan (SWPPP) for construction sites of one acre or greater shall be developed by a Qualified SWPPP Developer (QSD) consistent with the Municipal NPDES Permit. The SWPPP must include all elements required by the Construction General Permit. SWPPPs must be prepared in accordance with their calculated risk level per the Construction General Permit. Such plans must be submitted to the City for review and approval prior to the issuance of building or grading permits. F. BMPs selected for erosion and sediment control shall be detailed in the SWPPP. BMPs shall be selected from the Municipal NPDES Permit, as applicable, and, at a minimum, shall include those BMPs specified in Attachments C, D, and E of the Construction General Permit based on the project risk level. Selected BMPs must be selected, designed, implemented, and maintained in accordance with the BMP technical standards presented in the latest version of the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook for Construction; or Caltrans Stormwater Quality Handbook, Construction Site Best Management Practices Manual and addenda. G. Roadway paving and repair projects must implement at a minimum the BMPs listed in the Municipal NPDES Permit. Roadway paving or repair projects greater than 1 acre in size shall also abide by the Construction General Permit, and implement all necessary BMPs as required for coverage under the Construction General Permit. 8.32.095 — Planning and Land Development Program requirements for New Development and Redevelopment projects. A. The following New Development and Redevelopment projects are required to comply with the Municipal NPDES Permit: 1. Development projects, including the construction of new single family residential homes, equal to 1 acre or greater of disturbed area and adding more than 10,000 square feet of impervious area; 2. Parking lots with 5,000 square feet or more of impervious area or with twenty-five or more parking spaces; 3. Single family hillside residential developments or redevelopments; 4. Redevelopment projects in subject categories that meet Redevelopment thresholds (pursuant to the Municipal NPDES Permit), which include: (a) Land -disturbing activities which create, add, or replace 10,000 square feet or more of impervious surface area on lots developed with single family dwellings and/or accessory structures; and Ordinance No. 334 -10- 1 1 1 �� ar i __ "sl •.fir^!�` (b) Land -disturbing activities which create, add, or replace 5,000 square feet or more of impervious surface area on an already developed site excluding lots developed with single family dwellings and accessory'structures. (c) Where Redevelopment: results: iii an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, the entire Project must be mitigated. (d) Where Redevelopment results in an alteration to less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. 5. Roadway construction with 10,000 square feet or more of impervious surface area shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. 6. Any New Development or Redevelopment project located in or directly adjacent to or discharging directly into a Significant Ecological Area (as defined herein), where the development will: (a) Discharge storm water that is likely to impact a sensitive biological species or habitat; and (b) Create 2,500 square feet or more of impervious surface area. EXCEPTIONS: The following do not constitute New Development or Redevelopment: 1. Routine maintenance activities conducted to maintain original line and grade, hydraulic capacity, original purpose of facility, or emergency redevelopment activity required to protect public health and safety. 2. Discretionary permit projects or phased project applications which have been deemed complete by February 8, 2013 and which have not received an extension of time. 3. Discretionary permit projects with a valid vesting tentative map. B. Incorporation of Planning and Land Development Program requirements into Project Plans. 1. New Development and Redevelopment projects are required to control pollutants and runoff volume from the project site by minimizing the impervious surface area and controlling runoff through infiltration, bioretention, and/or rainfall harvest and use, in accordance with the standards set forth in the Municipal NPDES Permit. 2. An applicant for a New Development or a Redevelopment Project identified in Section 8.32.095.A of this Chapter shall incorporate into the applicant's project plans a Post Construction Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from the completed project. Structural or Treatment Control BMPs (including, as applicable, post -construction Treatment Control BMPs) set forth in project plans shall meet the design standards set forth in the current Municipal NPDES Permit. 3. To the extent that the City may lawfully impose conditions, mitigation measures, or other requirements on the development or construction of a single-family home in a hillside area, a single-family hillside home Development or Redevelopment project shall implement mitigation measures to: (a) Conserve natural areas; (b) Protect slopes and channels; (c) Provide storm drain system stenciling and signage; (d) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (e) Direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability. 4. New Development/Redevelopment Project Performance Criteria: Post -construction control BMPs to mitigate stormwater pollution are required for all new development and redevelopment projects identified in Section 8.32.095.A of this Chapter unless alternative measures are allowed as provided in 'the Municipal NPDES Permit. BMPs must be implemented to retain on-site the Stormwater Quality Design Volume (SWQD.v), defined as runoff from either: Ordinance No. 334 -11- (a) 0.75 inch, 24-hour rain event; or (b) The 85`h percentile, 24-hour event, as determined from the Los Angeles County 85`h percentile precipitation isohyetal map, whichever is greater. BMPs shall meet the design specifications and on-site retention potential outlined in the Municipal NPDES Permit. For projects unable to retain 100% of the SWQDv on-site due to technical infeasibility as defined in the Municipal NPDES Permit, projects must implement alternative compliance measures in accordance with the Municipal NPDES Permit. Single family hillside home development projects are exempt from the New Development/Redevelopment Project Performance Criteria of the Municipal NPDES Permit unless they create, add or replace 10,000 square feet of impervious surface area. 5. Hydromodification Control Criteria. (a) All non-exempt New Development and Redevelopment projects located within natural drainage systems as defined in Section 8.32.040 of this Chapter must implement hydrologic control measures to prevent accelerated downstream erosion and to protect stream habitat in natural drainage systems. Projects exempt from hydromodification controls are listed in the Municipal NPDES Permit. (b) The following New Development and Redevelopment projects must include one, or a combination of, hydromodification control BMPs, Low Impact Development (LID) strategies, or stream and riparian buffer restoration measures: i. Projects on single family lots that create, add, or replace 10,000 square feet or more of impervious surface area are required to implement LID BMPs in accordance with parts B.1 through B.4 of this Section. Single family homes implementing such BMPs will satisfy the hydromodification control requirements of the Municipal NPDES Permit. . ii. Projects on non -single family lots disturbing an area greater than 1 acre but less than 50 acres within natural drainage systems must demonstrate one of the following: a. The project has been designed to retain on-site, through infiltration, evapotranspiration, and/or harvest and use, the storm water volume from the runoff of the 95`h percentile, 24-hour storm, or b. The runoff flow rate, volume, velocity, and duration for the post -development condition do not exceed the pre -development condition for the 2 -year, 24-hour rainfall event, or c. The erosion potential (Ep) in the receiving water channel will approximate 1, as determined by a Hydromodification Analysis Study and the equation presented in Attachment J of the Municipal NPDES Permit, or other approved equations. C. Issuance of Final Approval. As a condition for issuing final approval for New Development or Redevelopment projects identified in Section 8.32.095.A, the Authorized Enforcement Officer shall require property owners or their representative(s) to build all the storm water pollution control Best Management Practices and structural or treatment control BMPs that are shown on the approved project plans and to submit a signed certification statement stating that the site and all structural or treatment control BMPs will be maintained in compliance with the Municipal NPDES Permit and other applicable regulatory requirements including the following words: "SHOULD THE ABOVE REPRESENTATION BE INCORRECT, WE UNDERSTAND AND ACKNOWLEDGE THAT WE ARE RESPONSIBLE FOR THE COST OF CORRECTING ANY DEFFICIENCY IN THE PERFORMANCE OF THE ABOVE CONDITION AS WELL AS PAYMENT OF APPLICABLE ADMINISTRATIVE AND/OR CIVIL REMEDIES. WE UNDERSTAND THAT THE CITY WILL RELY ON THE REPRESENTATIONS CONTAINED IN THIS STATEMENT AS HAVING ACHIEVED OUR OBLIGATION FOR COMPLIANCE WITH STORM WATER REQUIREMENTS AND SIGN THIS CERTIFICATION VOLUNTARILY, WITHOUT PURPOSE OF EVASION AND OF OUR OWN FREE WILL AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE." With the exception of Simple LID BMPs (as defined in Section 8.32.040) implemented on lots developed with single family residences, project owners shall provide an operation and maintenance plan, monitoring plan where required, and verification of ongoing maintenance provisions for LID practices, Treatment Control BMPs, and Hydromodification Control BMPs including but not limited to: final map conditions, legal agreements, covenants, conditions or restrictions, CEQA mitigation requirements, conditional use permits, and/ or other legally binding maintenance agreements. These maintenance records must be kept on site for treatment BMPs implemented on single family residences. Ordinance No. 334 -12- 1 1 D. Transfer of Properties Subject to Requirement for Maintenance of Structural and Treatment Control BMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of structural and treatment control BMP's shall include�conditib.t s requiring the transferee and its successors and assigns to either (a) assume responsibility 'for maintenance. of any existing structural or treatment control BUT or (b) to replace. an existing structural or treatment control BMP with new control measures or BMP's meeting the then current standards of the City and the Municipal NPDES Permit. Such requirement shall be included in any sale or lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all structural or treatment control BMP's at least once a year and retain proof of inspection. 2.. If structural or treatment control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. E. CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act. 8.32.100 - Enforcement. A. Violations Deemed a Public Nuisance. 1. Any condition caused or permitted to exist in violation of: (a) Any of the provisions of this chapter; or (b) Any failure to comply with any applicable requirement of the Municipal NPDES Permit, an approved Post -Construction Storm Water Mitigation Plan, or and approved SWPPP with respect to a property; or (c) Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or (d) Any failure to properly operate and maintain any structural or treatment control BMP on a property in accordance with an approved SWPPP and/or Post -Construction Storm Water Mitigation Plan or the Municipal NPDES Permit, is determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney. 2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property, as provided by law or ordinance for the recovery of nuisance abatement costs. 3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City Manager shall so declare. The failure of any person to take appropriate annual precautions to prevent storm water pollution after written notice of a determination under this paragraph shall constitute a public nuisance and a violation of this chapter. B. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. C. Civil Actions. In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action. brought by the City. In any such action, the City may seek, as appropriate, any or all of the following remedies: 1. A temporary and/or permanent injunction; 2. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led tothe establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection; 3. Costs incurred in removing, correcting or terminating the adverse effects resulting from violation; and 4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. D. Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the authorized enforcement officer has the authority to utilize the following administrative remedies: 1. Cease and Desist Orders. When an authorized enforcement officer finds that a discharge has taken place or is likely to take place in violation of this chapter, the officer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (i) comply with the requirement, (ii) comply with Ordinance No. 334 -13- a time schedule for compliance, and (iii) take appropriate remedial or preventive action to prevent the violation from recurring. 2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the roadway or trail abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in pollutants entering the MS4 or a non -storm water discharge to the MS4, the officer may give notice to the owner or occupant of the adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that the officer may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice. E. Penalties. Violation of this chapter shall be punishable as a misdemeanor, punishable as set forth in Section 1.08.020(A) of this Code. Each day that a violation continues shall constitute a separate offense. F. Permit Revocation. To the extent the City makes a provision of this chapter or any identified BMP a condition of approval to the issuance of a permit or license, any person in violation of such condition is subject to the permit revocation procedures set forth in this Code. G. Remedies. Remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. H. Authority to Carry Out Inspections, Conduct Samplings, and Establishing Sampling Devices. The Authorized Enforcement Officer may carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and noncompliance with the Municipal NPDES Permit, including the prohibition of non -storm water discharges into the MS4 and receiving waters. With the consent of the owner or occupant or pursuant to an inspection warrant, any Authorized Enforcement Officer may establish on any property such devices as necessary to conduct sampling and monitoring activities necessary to determining the concentrations of pollutants in storm water and/or non -storm water runoff. The inspections provided for herein may include but are not limited to: 1. Inspecting efficiency or adequacy of construction or post construction BMP's; 2. Inspection, sampling and testing any area runoff, soils in areas subject to runoff, and or treatment system discharges; 3. Inspection of the integrity of all storm drain and sanitary sewer systems, including the use of smoke and dye tests and video survey of such pipes and conveyance systems; 4. Inspection of all records of the owner, contractor, developer or occupant of public or private property relating to BMP inspections conducted by the owner, contractor, developer or occupant and obtaining copies of such records as necessary; and 5. Identifying points of stormwater discharge from the premises whether surface or subsurface and locating any illicit connection or discharge. 8.32.110 - No taking. The provisions of this chapter shall not be construed or operate to deprive any property owner of substantially all of the market value of such owner's property or otherwise constitute an unconstitutional taking without compensation. Ordinance No. 334 -14- 1 1 11 ORDINANCE NO. 335 AN ORDINANCE OF THE CITY'COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AN ORDINANCE TO AMEND TITLE 17 (ZONING) AND TITLE 16 (SUBDIVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO DISTURBANCE OF LOTS IN ZONING CASE NO. 832, ZONING CODE AMENDMENT NO. 2013-01. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City's General Plan encourages the maintenance of strict grading practices to preserve the community's natural terrain. Since its incorporation the City of Rolling Hills developed ordinances which observe strict grading requirements and controls in order to maintain to the greatest extend practicable the natural terrain of its parcels. The City allows not more than 40% of the net lot area to be disturbed and the resulting slopes may not exceed a 2: 1 gradient, (50% slope). Section 2. In recent years, the character of residential development in the City has changed. Many homes are being constructed to maximize the building area on the lot. The increased building pad size has fostered a tendency for more grading to prepare many of the steeper properties for a structure. These grading tendencies have resulted in slopes around the building pad area that are steeper than the original slopes, eliminating the knolls and hills of the property and resulting in an unnatural look. Section 3. Through the years the City Council and the Planning Commission studied grading and disturbance of the lots and encouraged developments that would result in gentler than the maximum permitted slopes. When approving grading, the City's goal is to see that the project substantially preserves the natural and undeveloped state of the lot. However with the desire for larger homes it is difficult for developers to comply with this rule. Since 1993 when the 40% maximum disturbance of the lot requirement was codified, many variances were granted to exceed the maximum permitted disturbance of the lot. In.addition, since most of the City was developed prior to 1993, many of the lots were originally graded to more than 40%. For many of those lots any additional development requires the granting of a Variance from the already exceeded disturbance.. Section 4. It is the intent of the proposed ordinance to continue to maintain strict grading practices in the City but to encourage, through the zoning ordinance, the creation of softer landforms. Section 5. Further, the intent of the proposed ordinance is not to allow greater building pad areas, therefore larger homes, but to encourage developers to grade gentler slopes, where a variance would not be required. Section 6. The Planning Commission on January 15, 2013 held duly noticed public hearing pursuant to Government Code Section 65854 and Chapter 17.50 of the Rolling Hills Municipal Code to consider the above -referenced amendment to the Rolling Hills Municipal Code and prior to the public hearing held two public forums to discuss this topic. On August 12, 2013 the City CounciF held a duly noticed public hearing pursuant to the law. Evidence was heard and presented from all persons interested in the proposal and from members of the City staff, and the Planning Commission. City Council reviewed, analyzed and studied the proposal and held a public hearing. Section 7. Pursuant to the requirements of the California Environmental Quality Act ("CEQA"), State Planning and Zoning Laws (Government section 65850 through Section 66403), Public Resources Code Section 21000 to Section 21177, State Resolution No. 335 1 CEQA Guidelines, 14 California Code of Regulations §§ 15000, et seq., and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Zoning Code amendment and concluded that the proposed project is exempt from CEQA requirements because it consists only of minor revisions to an existing zoning code and subdivision code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefore. The proposal. is an action that does not have the potential to cause significant effects on the environment, but rather will help reduce the impact of grading so that it does not result in steeper than original slopes in some instances. Accordingly, the proposed amendment is exempt pursuant to the following categorical exemptions set forth in the State CEQA Guidelines: Section 15301 (Existing Facilities), Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment). Section 8. The City Council finds that the amendments to Title 17 and Title 16 comply with the requirements of the State Planning and Zoning Laws (Government section 65850 through Section 66403) and are consistent with the Rolling Hills General Plan in that they preserve and enhance the community's quality living environment and enhance the visual and physical quality of existing neighborhoods. City's topography and development restrictions prevent large areas of the lot to be graded, however, recent residential construction has maximized lot coverage through extensive grading. The proposed ordinance would allow larger areas of the lot to be graded, if the grading results in gentle slopes and /or follows natural terrain of the lot, producing desirous aesthetic effects. The provisions of the proposed ordinance meet Goal 3, Policy 3.2 of the General Plan, where it states that City is to maintain strict grading practices to preserve the community's natural terrain, and Goal 2, Policy 2.3 where it states to maintain and provide regulation's for sufficient setbacks and easements to provide buffers between residential uses. City's topography and development restrictions prevent large areas of the lot to be graded, however, recent residential construction has maximized lot coverage through extensive grading. Additionally, the City Council finds that the amendments to Title 17 and Title 16 are necessary to preserve the public health, safety and general welfare, while balancing property rights. Section 9: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Section 10. The City Council hereby adopts an amendment to Title 17 and Title 16 of the Rolling Hills Municipal Code as follows: 1. Amend Section 17.16.070(B) to read as follows: Maximum Disturbed Area. Disturbance shall be limited to forty percent (40%) of the net lot area, as defined in Section 17.12.040 of this title. A. Exceptions: In order to encourage gradual transition in grade and undulated and natural appearing terrain between building pads and the surrounding slopes, the following exceedance of disturbed area is permitted: 1. The disturbed area may be a maximum of sixty percent (607o) of the net lot area, provided that at no point the slopes resulting from the grading are greater (steeper) than 3:1, or 3 units horizontal (run) to 1 unit vertical (rise); or 2. The disturbed area may be a maximum of fifty percent (507o) of the net lot area, provided that no more than fifty percent (507o) of the slopes resulting from the grading are greater (steeper) than 3:1, or 3 units horizontal (run) to 1 unit vertical (rise). B. For the purpose of this section, the area of slopes resulting from grading shall be measured in square feet. Resolution No. 335 2 C. In order to qualify for the above exceptions, if previously graded areas are. re -graded, the resulting re -graded slopes shall also meet the above conditions. 2. Amend Section 17.12.040 "D" to read as follows: "Disturbed area or Disturbance." Disturbance means any remedial grading (temporary disturbance), any proposed or existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously disturbed surface, such as an abandoned driveway or other area determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain and contours of the immediately adjacent area, then such area shall not be considered disturbed. In addition, remedial or temporary grading not greater than 2,000 square feet in area, where the surface is returned to its pre -graded slope and configuration shall also not be considered disturbed. Calculations of disturbed area shall be as specified in Section 17.16.070B of this title. 3. Amend Section 16.20.210 B- Grading prohibitions (of the Subdivision Ordinance) to read as follows: Maximum Disturbed Area. Disturbance of the net .lot area shall be as specified in Section 17.16.070 B of Title 17 of the Municipal Code. Disturbance shall include any remedial grading (temporary disturbance), any proposed or existing graded slopes and graded building pad areas, and any nongraded areas where impervious surfaces will remain or are proposed to be added; provided, however, that if a previously disturbed surface, such as an abandoned driveway or other area determined to be previously altered or graded, is returned to its natural state, and the area matches the terrain and contours of the immediately adjacent area, then such area shall not be considered disturbed. In addition, .remedial or temporary grading not greater than 2,000 square feet in area, where the surface is returned to its pre -graded slope and configuration shall also not be considered disturbed. Section 11: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. . Section 12: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED AND ADOPTED THIS 9m DAY OF SEPTEMBER, 2013. FRNK E. HILL MAYOR ATTEST: HEIDI L CE DEPUTY CITY CLERK Resolution No. 335 3 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) �� CITY OF ROLLING HILLS) I certify that the foregoing Ordinance No. 335 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING AN ORDINANCE TO AMEND TITLE 17 (ZONING) AND TITLE 16 (SUBDIVISIONS) OF THE ROLLING HILLS MUNICIPAL CODE PERTAINING TO DISTURBANCE OF LOTS IN ZONING CASE NO. 832, ZONING CODE AMENDMENT NO. 2013-01. THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the City Council on September 9, 2013 by the following roll call vote: AYES: Councilmembers Black, Dieringer, Pieper and Mayor Hill NOES: None. ABSENT: Mayor Pro Tem Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDT LUCE DEPUTY CITY CLERK Resolution No. 335 4 1 1 r L 7- 1 1 ORDINANCE NO. 336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADDING CHAPTER 2.06 PERTAINING TO FINANCIAL POWERS TO THE ROLLING HILLS MUNICIPAL CODE. The City Council of the City of Rolling Hills does hereby ordain as follows: SECTION 1: A new Chapter 2.06 is hereby added to Title 2 of the Rolling Hills Municipal Code to read as follows: DIRECTOR OF FINANCE 2.06.010 Director of Finance Position created. The office of Director of Finance for the City is hereby created consistent with the provisions of California Government Code section 37209 in order to establish a responsible officer for the uniform processing and development of the fiscal and budgetary function. The office of Director of Finance may be combined with any other office or position not inconsistent therewith. 2.06.020 Duties generally. The Director of Finance shall be charged with all of the financing and accounting duties of the city and shall be subject to all of the powers granted and imposed upon the City Clerk by the provisions of Article 1, Chapter 4, Part 2, Division 3, Title IV of the California Government Code and Sections 40802, 40803, 40804 and 40805 of the Government Code. The Director of Finance shall perform such other duties as may be delegated from time to time by the City Council or the City Manager of the City. 2.06.030 Transfer of duties from City Clerk. In accordance with Section 40805.05 of the California Government Code all of the financing and accounting duties imposed upon the City Clerk under Sections 40802 through 40805 of the Government Code are transferred to the Director of Finance and the City Clerk is relieved of all said duties. 2.06.040 Bond required. Pursuant to Sections 36518 and 36519 of the California Government Code, the Director of Finance shall execute and deposit with the City a fidelity bond. The penal amount of the bond shall be established by a Resolution of the City Council. Any premium for such bond shall be a proper charge against the City. SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Rolling Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED, AND ADOPTED this 25h day of November, 2013. ATTEST: 0/vA&I Heidi Luce City Clerk Ordinance No. 336 Frank E. Hill Mayor STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 336 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADDING CHAPTER 2.06 PERTAINING TO FINANCIAL POWERS TO THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on November 25, 2013 by the following roll call vote: AYES: Councilmembers Black, Dieringer, Lay, Pieper and Mayor Hill. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. HEIDI LUCE CITY CLERK 1 1 Ordinance No. 336 2 ORDINANCE NO. 337-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2013 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2013 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2013 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA RESIDENTIAL CODE; 2013 EDITION, TITLE 31 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION; AND AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION OF THE CITY OF ROLLING HILLS MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Section 15.04.010 of Title 15, Chapter 15.04 (Buildings Code) of the Rolling Hills Municipal Code is amended to read as follows: Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended and in effect on January 1, 2014, adopting the California Building Code, 2013 Edition (Part 2 of Title 24 of the California Code of Regulations) is incorporated herein by reference as if fully set forth below and shall be known and may be cited as the Building Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Building Code, 2013 Edition, Title 26 of the Los Angeles County Code, or any amendment to the Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2013 Edition, 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. Section 2. Section 15.04. 100 of Title 15, Chapter 15.04 of the Rolling Hills Municipal Code pis hereby repealed in its entirety. Section 3. Section 15.04.110 of Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is hereby repealed in its entirety Section 4. Section 15.04.120 of Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.04.120 Amending Appendix J Grading, Section J103 Permit Exemptions Section J103.2 Excavation Exemption 8 is amended to read as follows: 8. An excavation that does not exceed 50 cubic yards and complies with one of the following conditions and as shown in Figure J103.2: (a) Is less than 2 feet (0.6 m) in depth (b) Does not create a cut slope greater than 3 feet (0.9 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50 percent slope). (c) A drainage plan identifying the existing drainage and any revised drainage for the proposed grading shall be approved by the City for any grading work performed under this grading permit exemption prior to start of grading. Section J103.2 Fill, Exemption 9 is amended to read as follows: 9. A fill not intended to support a structure that does not obstruct a drainage course and complies with one of the following conditions and as shown in Figure J103.2: Ordinance No. 337-U (a) Is less than 1 foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical (20 percent slope). (b) Is less than 3 feet (0.9 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 50 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope). (c) Is less than 5 feet (1.5 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 20 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope). (d) A drainage plan identifying the existing drainage and any revised drainage for the proposed grading shall be approved by the City for any grading work performed under this grading permit exemption prior to start of grading. Section 5. Section 15.04.130 of Title 15; Chapter 15.04 of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.04.130 Amending Section J106.1 Maximum cut slopes The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than two units horizontal to one unit vertical (50 -percent slope) unless the owner or authorized agent receives a variance for a steeper slope from the Planning Commission of the City of Rolling Hills, pursuant to the provisions of Title 17 of the Municipal Code and the applicant furnishes a geotechnical or an engineering geology report, or both justifying a steeper slope. The reports must contain a statement by the Geotechnical Engineer or Engineering Geologist that the site was investigated and an opinion that a steeper slope will be stable and will not create a hazard to public or private property, in conformance with the requirements of Section 111. The Building Official may require the slope of the cut surfaces to be flatter in slope than 2 units horizontal to 1 unit vertical if the Building Official finds it necessary for the stability and safety of the slope. Exceptions: 1. A cut surface may be at a slope of 1.5 units horizontal to one unit vertical (67 percent) provided that all the following are met: 1.1 It is not intended to support structures or surcharges. 1.2 It is approved by the Planning Commission of the City of Rolling Hills. 1.3 It is adequately protected against erosion. 1.4 It is no more than 8 feet (2438 mm) in height. 1.5 It is approved by the Building Official. 1.6 Ground water is not encountered. Section 6. Subparagraphs 2 and 5(a) of Section 15.04.150 of Title 15, Chapter 15.04 of the Rolling Hills Municipal Code are hereby amended and a new subparagraph 5(c) is hereby added to Section 15.04.150 to read as follows: 2. No export of soil shall be permitted from any lot in the City, except where the soil is generated from an excavation activity, as defined in Municipal Code Section 17.12.050 or where a variance pursuant to Chapter 17.38 has been approved. Export of soil must comply with City refuse diversion requirements. 5. (a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less or where the activity covers 2,000 square feet or less of surface area). (c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re- occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards. Section 7. Section 15.04.160 is hereby amended to read as follows: 15.04.160 Amending Section J107.6 Maximum Fill Slopes The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than 2 units horizontal to 1 unit vertical (50 percent slope) shall not be permitted unless the owner receives a variance for a steeper 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. Such slopes shall be justified by soils engineering reports, conforming with the requirements of Section 111, containing a statement by the Ordinance No. 337-U 2 n J 1 soils engineer that the site has been investigated and'an opinion that a steeper fill slope will be stable and will not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the Building Official determines that such information is necessary to verify the stability and safety of the proposed slope., The Building Official may require the fill slope to be constructed with a face flatter in slope than 2` units horizontal to 1 unit vertical (50 percent slope) if the Building Official finds it necessary for stability and safety of the slope. Section 8. -Subparagraphs 2 and 5(a) of Section 15.04.170 of Title 15, Chapter 15.04 of the Rolling Hills Municipal Code are hereby amended and a new subparagraph (c) is hereby added to Section 15.05.170 to read as follows: 2. No export of soil shall be permitted from any lot in the City, except where the soil is generated from an excavation activity, as defined in Municipal Code Section 17.12.050 or where a variance pursuant to Chapter 17.38 has been approved. Export of soil must comply with City refuse diversion requirements. 5. (a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less or where the activity covers 2,000 square feet or less of surface area). (c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re- occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards. Section 9. Paragraph B of Section 15.04.190 of Title 15, Chapter 15.04 of the Rolling Hills Municipal Code is amended to read as follows: 15.04.190 Violations'and penalty. B. Penalty. Any person, firm or corporation violating any of the provisions of this code or any permit issued thereunder 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 this 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 10. Section 15.08.010 of Title 15, Chapter 15.08 (Plumbing Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.08.010 Adoption of Plumbing Code. Except as hereinafter provided, Title 28, Plumbing Code, of the Los Angeles County Code, as amended and in effect on January 1, 2014, adopting the California Plumbing Code, 2013 Edition (Part 5 of Title 24 of the California Code of Regulations), is hereby incorporated herein by reference as if fully set forth below, and shall be known and may be cited as the Plumbing Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Plumbing Code, 2013 Edition, Title 28 of the Los Angeles County Code, orany amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 2013 Edition, has 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 f5r use and examination by the public.- Section ublic:Section 11. Section 15.08.060 of Title 15, Chapter 15.08 (Plumbing Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.08.060 Violations and penalty. Any person, firm or corporation violating any of the provisions of this code or any permit issued thereunder 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 this code is committed, continued or permitted; and upon conviction of any such violation Ordinance No. 337-U 3 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 12. Section 15.12.010 of Title 15, Chapter 15.12 (Mechanical Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.12.010 Adoption of Mechanical Code Except as hereinafter provided, Title 29, Mechanical Code, of the Los Angeles County Code, as amended and in effect on January 1, 2014, adopting the California Mechanical Code, 2013 Edition (Part 4 of Title 24 of the California Code of Regulations) is hereby incorporated by reference as if fully set forth below, and shall be known and may be cited as the Mechanical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Mechanical Code, 2013 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 2013 Edition, 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. Section 13. Paragraph B of Section 15.12.060 of Title 15, Chapter 15.12 (Mechanical Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.12.060 Violations and penalty B. Penalty. Any person, firm or corporation violating any of the provisions of this code or any permit issued thereunder 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 this 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 14. Section 15.16.010 of Title 15, Chapter 15.16 (Electrical Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.16.010 Adoption of Electrical Code. Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 1, 2014, adopting the California Electrical Code, 2013 Edition (Part 3 of Title 24 of the California Code of Regulations) is hereby incorporated herein by reference as if fully set forth below, and shall be known and may be cited as the Electrical Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Electrical Code, 2013 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 27 of the, Los Angeles County Code and the California Electrical Code, 2013 Edition, 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 Section 15. Paragraph A of Section 15.16.050 of Title 15, Chapter 15.16 (Electrical Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.16.050 Violations and penalty A. Any person, firm or corporation violating any of the provisions of this code or any permit issued thereunder 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 this 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. Ordinance No. 337-U 4 Section 16. Section 15.18.010 of Title 15, Chapter 15.18 (Residential Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.18.010 Adoption of Residential Code. Except as herein provided, Title 30, Residential Code, of the Los Angeles County Code, adopting Sections 102 through 119 of Chapter 1, Section 1207 of Chapter 12, Chapter 34, 67, 69, 98, 99 and Appendix J of Title 26 of the Los Angeles County Code and Chapters 2 through 10, Chapter 44, and Appendix H of that certain code known as and designated as the 2013 California.Residential Code as published by the California Building Standards Commission, is hereby incorporated herein by reference as if fully set forth below, and shall be known the Residential Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Residential Code, 2013 Edition, Title 30 of the Los Angeles County Code, or any amendment to the Residential Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 30 of the Los Angeles County Code and the California Residential Code, 2013 Edition, 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. Section 17. Section 15.18.060 of Title 15, Chapter 15.18 of the Rolling Hills Municipal Code is hereby repealed in its entirety. Section 18. Paragraph B of Section 15.18. 100 of Title 15, Chapter 15.18 (Residential Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.18. 100 Violations and penalty B. Penalty. Any person, firm or corporation violating any of the provisions of this code or any permit issued thereunder 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 this 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 19. Section 15.22.010 of Title 15, Chapter 15.22 (Green Building Standards Code) of the Rolling Hills Municipal Code is amended to read as follows: Section 15.22.010 Adoption of Green Building Standards Code. Except as hereinafter provided, Title 31, Green Building Standards Code, of the Los Angeles County Code, as amended and in effect on January 1, 2014, adopting the California Green Building Standards Code, 2013 Edition (Part 11 of Title 24 of the California Code of Regulations) is hereby incorporated herein by reference as if fully set forth below, and shall be known and may be cited as the Green Building Standards Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Green Building Standards Code, 2013 Edition, Title 31 of the Los Angeles County Code, or any amendment to the Green Building Standards Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. A copy of Title 31 of the Los Angeles County Code and the California Green Building Standards Code, 2013 Edition, 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. Section 20. Section 15.22.030 of Title 15, Chapter 15.22 of the Rolling Hills Municipal Code is amended to read as follows: 15.22.030 Definitions Notwithstanding the provisions of Section 15.22.010, names or terms that are used in this code shall be deemed and construed to have the meaning ascribed to it in the Green Building Standards Code, of the Los Angeles County Code and in Section 15.04.040 of Title 15 of the Rolling Hills Municipal Code. Ordinance No. 337-U Section 21. Section 15.22.035 is hereby added to Title 15, Chapter 15.22 of the Rolling Hills Municipal Code to amend Section 4.304.3 of Title 31 of the Los Angeles County Code to read as follows: 15.22.035 Water Budget A water budget shall be developed for landscape irrigation use installed in conjunction with new construction and new or redeveloped landscaping that conforms to Water Efficient Landscape ordinance, Chapter 13.18 of Title 13 of the Rolling Hills Municipal Code. Section 22. Section 15.22.038 is hereby added to Title 15, Chapter 15.22 of the Rolling Hills Municipal Code amending Sections 4.106.4 and 5.106.2 of Title 31 of the Los Angeles County Code to read as follows: 15.22.038 Low Impact Development New development, additions or alteration to existing developed sites shall comply with the Storm Water Management and Pollution Control Ordinance, Chapter 8.32 of Title 8 of the Rolling Hills Municipal Code. Section 23. Paragraph B of Section 15.22.060 of Title 15, Chapter 15.22 (Green Building Standards Code) of the Rolling Hills Municipal Code is amended to read as follows: 15.22.060 Violations and penalty B. Penalty. Any person, firm or corporation violating any of the provisions of this code or any permit issued thereunder 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 this 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 24. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, and Green Building Standards Code as adopted by this ordinance and Parts 2, 2.5, 3, 4, 5, 9 and 11 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7. Section 25. The City Council hereby finds that the changes and modifications to the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code and Green Building Standards Code that have been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the California Building Code in Title 26, Title 27, Title 28, Title 29, Title 30 and Title 31 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. Accordingly, the City Council finds the modifications in this Ordinance to the Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code and Green Building Standards Cone to be necessary for the protection of the of the public health, safety, and welfare. Section 26. 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 27. The provisions of the Building, Electrical, Plumbing, Mechanical, Residential and Green Building Standards Codes in effect prior to the effective date of this Ordinance shall continue to govern construction for projects for which plans were submitted for plan check prior to the effective date Ordinance No. 337-U 6 1 1 of this Ordinance, and for which the initial permit is issued not later than sixty (60) days after said effective date. Section 28. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof 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. 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 29. State law requires that localities adopt the California Building Standards Code and modifications thereto, by January 01, 2014. It is essential that the City have in effect on that date codes that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Building, Electrical, Mechanical, Plumbing, Residential and Green 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 Codes contain vital provisions regarding administrative procedures, grading, storm water management requirements, and other similar matters necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall months. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This Ordinance is an urgency ordinance adopted pursuant to Government Code Section 36967 and shall take effect immediately. Section 30. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section 15061 (b)(3) because it is not a project that has the potential for causing a significant effect on the environment, Section 31. This ordinance shall be effective upon adoption and shall become operative as of January 01, 2014. Section 32. The City Clerk shall certify the adoption of this Ordinance and shall file a certified copy of this Ordinance with the California Building standards Commission. PASSED, APPROVED AND ADOPTED this 10h day of February 2014. ATTEST: Heidi Luce City Clerk Ordinance No. 337-U 7 A. )J.,a) (—,rank E. Hill Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) H CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 337-U entitled: AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA BUILDING CODE, 2013 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA PLUMBING CODE, 2013 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2013 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA RESIDENTIAL CODE; 2013 EDITION, TITLE 31 OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION; AND AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION OF THE CITY OF ROLLING HILLS MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF. THE ORDINANCE IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). was approved and adopted at a regular meeting of the City Council on February 10, 2014 by the following roll call vote: AYES: Councilmembers Black, Dieringer, Pieper and Mayor Hill. NOES: None. ABSENT: Mayor Pro Tem Lay. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 4'uao HEIDILUCE CITY CLERK Ordinance No. 337-U 8 1 1 1 ORDINANCE NO. 338-U. AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE, RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). WHEREAS, the City of Rolling Hills lies within the jurisdictional boundaries of the Consolidated Fire Protection District of Los Angeles County (District); and WHEREAS, the District has responsibility for fire protection within said jurisdictional boundaries; and WHEREAS, the County Board of Supervisors, acting as the Governing Body of the District on March 25, 2014, adopted amendments to the District Fire Code by adopting by reference, with certain changes and amendments, the 2013 Edition of the California Fire Code and the 2012 edition of the International Fire Code; and WHEREAS, as allowed by state law, the District Fire Code contains local amendments that constitute more restrictive building standards relating to fire and panic safety than those adopted by the State Fire Marshal and contained in the California Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health and Safety Code, local amendments containing such more restrictive building standards are not effective within the jurisdictional boundaries of the City until ratified by the City Council. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The List of Sections in Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended as follows: Delete Section 15.20.035 Amendment -Draft System Identification sign Section 2. Section 15.20.010 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.20.010 Adoption of Fire Code. Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on April 24, 2014, which constitutes an amended version of the California Fire Code, 2013 Edition (Part 9 of Title 24 of the California Code of Regulations) and an amended version of the International Fire Code, 2012 Edition is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2013 Edition,, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. Ordinance No. 338-U A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2013 Edition, and the International Fire Code, 2012 Edition, 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. Section 3. Section 15.20.035 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby deleted in its entirety. Section 4. Section 15.20.050 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.20.050 Violations. 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 declared to be an infraction by Section 5101.1 of the Fire Code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued or permitted, and conviction of any such violation 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. Section 5. Ratification of More Stringent Building Standards. Pursuant to Health and Safety Code section 13869.7, subdivision (a), as part of its amendments to Title 32 (Fire Code), the Consolidated Fire Protection District of Los Angeles County proposed building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Code. Pursuant to Health and Safety Code section 13869.7, subdivision (c), by adoption of this ordinance, the City Council hereby ratifies the building standards included within the ordinance amending Title 32 (Fire Code) as amended and in effect on April 24, 2014. Section 6. The City Council hereby finds that the changes and modifications to the Fire Code that has been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the California Fire Code in Title 32 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. Accordingly, the City Council finds the modifications in this Ordinance to the Fire Code to be necessary for the protection of the public health, safety, and welfare. Section 7. 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 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof 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. 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 9. Urgency Findings. Title 32 (Fire Code) of the LA County Code took effect on April 24, 2014. It is essential that the City have in effect as of that date codes Ordinance No. 338-U 2 1 that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Fire 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 Code'contain vital provisions regarding administrative procedures, and other similar matters necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall months and increased risk for fires. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This Ordinance is an urgency ordinance adopted pursuant to Government Code Section 36967 and shall take effect immediately. Section 10. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section 15061(b)(3) because it is not a project that has the potential for causing a significant effect on the environment. Section 11. This ordinance shall be effective upon adoption and shall become operative as of April 24, 2014. Section 12. The City Clerk shall certify the adoption of this Ordinance and shall file a copy of this Ordinance, the findings of the Consolidated Fire Protection District of Los Angeles County, and the ordinance amending Title 32 (Fire Code) adopted by the Board of Supervisors on March 25, 2014, with the Department of Housing and Community Development. PASSED, APPROVED AND ADOPTED this 12th day of May 2014. B. Allen L y Mayor ATTEST: P. Heidi Luce City Clerk Ordinance No. 338-U 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 338-U entitled: AN URGENCY ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE, RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF, AND DECLARING THE URGENCY THEREOF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). was approved and adopted at a regular meeting of the City Council on May 12, 2014 by the following roll call vote: AYES: Councilmebers Black, Hill, Pieper and Mayor Lay NOES: None. ABSENT: Councilmember Dieringer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 11 1 ct�j-P.9vy) I LUCE CITY CLERK Ordinance No. 338-U 4 1 1 ORDINANCE NO. 338. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND, CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE, RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). WHEREAS, the City of Rolling Hills lies within the jurisdictional boundaries of the Consolidated Fire Protection District of Los Angeles County (District); and WHEREAS, the District has responsibility for fire protection within said jurisdictional boundaries; and WHEREAS, the County Board of Supervisors, acting as the Governing Body of the District on March 25, 2014, adopted amendments to the District Fire Code by adopting by reference, with certain changes and amendments, the 2013 Edition of the California Fire Code and the 2012 edition of the International Fire Code; and WHEREAS, as allowed by state law, the District Fire Code contains local amendments that constitute more restrictive building standards relating to fire and panic safety than those adopted by the State Fire Marshal and contained in the California_ Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health and Safety Code, local amendments containing such more restrictive building standards are not effective within the jurisdictional boundaries of the City until ratified by the City Council. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The List of Sections in Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended as follows: Delete Section 15.20.035 Amendment -Draft System Identification sign Section 2. Section 15.20.010 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.20.010 Adoption of Fire Code. Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on April 24, 2014, which constitutes an amended version of the California Fire Code, 2013 Edition (Part 9 of Title 24 of the California Code of Regulations) and an amended version of the International Fire Code, 2012 Edition is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills. In the event of any conflict between provisions of the California Fire Code, 2013 Edition,, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. Ordinance No. 338 1 A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 2013 Edition, and the International Fire Code, 2012 Edition, 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. Section 3. Section 15.20.035 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby deleted in its entirety. Section 4. Section 15.20.050 of Title 15, Chapter 15.20 (Fire Code) of the Rolling Hills Municipal Code is hereby amended to read as follows: 15.20.050 Violations. 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 declared to be an infraction by Section 5101.1 of the Fire Code. Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued or permitted, and conviction of any such violation 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. Section 5. Ratification of More Stringent Building Standards. Pursuant to Health and Safety Code section 13869.7, subdivision (a), as part of its amendments to Title 32 (Fire Code), the Consolidated Fire Protection District of Los Angeles County proposed building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Code. Pursuant to Health and Safety Code section 13869.7, subdivision (c), by adoption of this ordinance, the City Council hereby ratifies the building standards included within the ordinance amending Title 32 (Fire Code) as amended and in effect on April 24, 2014. Section 6. The City Council hereby finds that the changes and modifications to the Fire Code that has been enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively hilly topography of the City. The City Council hereby finds that the modifications to the California Fire Code in Title 32 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions indicated above. Accordingly, the City Council finds the modifications in this Ordinance to the Fire Code to be necessary for the protection of the public health, safety, and welfare. Section 7. 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 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof 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. 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 9. This Ordinance has been determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section 15061(b)(3) Ordinance No. 338 2 7- 1 1 because it is not a project that has the potential for causing a significant effect on the environment. Section 10. This ordinance shall take effect 30 days after its final adoption. Section 11. The City Clerk shall certify the adoption of this Ordinance and shall file a copy of this Ordinance, the findings of the Consolidated Fire Protection District of Los Angeles County, and the ordinance amending Title 32 (Fire Code) adopted by the Board of Supervisors on March 25, 2014, with the Department of Housing and Community Development. PASSED, APPROVED AND ADOPTED this 911, day of June 2014. Heidi Luce City Clerk Ordinance No. 338 3 t . Allen Lay Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 338 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF ROLLING HILLS MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 32 OF LOS ANGELES COUNTY CODE, RATIFYING THE MORE RESTRICTIVE FIRE STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3). was approved and adopted at a regular meeting of the City Council on June 9, 2014 by the following roll call vote: AYES: Councilmembers Dieringer, Hill, Pieper and Mayor Lay. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. 4va" HEIDI LUCE CITY CLERK Ordinance No. 338 4 1 1 1