HomeMy WebLinkAboutORD NO. 23-1472 (PAVEMENT MORATORIUM)
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CITY OF HERMOSA BEACH
ORDINANCE NO. 23-1472
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA ADDING CHAPTER 12.09 TO TITLE 12 OF THE MUNICIPAL CODE
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of Hermosa Beach, California (“City”) is a municipal
corporation, duly organized under the constitution and laws of the State of California;
WHEREAS, pursuant to the California Constitution, Article, XI, section 7, the City
may make and enforce within its limits all local, police, sanitary, and other ordinances
and regulations not in conflict with general law;
WHEREAS, the California Constitution grants the City the right to adopt
reasonable regulations regarding its rights-of-way, which would include the
establishment of a street cut moratorium and the creation of clear enforcement
mechanisms relating to encroachment permits;
WHEREAS, the public right-of-way is a unique public resource held in trust for the
benefit of the public; this physically limited resource requires proper management to
maximize its efficiency and minimize the costs to taxpayers, to protect against
foreclosure of future economic expansion because of premature exhaustion of the
public right-of-way, and to minimize the inconvenience to and negative effects on the
public from use of the public right-of-way by contractors and utility companies;
WHEREAS, a pavement moratorium would protect the City’s investment in its
infrastructure, preserve the life of streets, and provide a safe driving surface and a
pleasing appearance to roadway surfaces that have undergone utility work;
WHEREAS, the City desires to establish a pavement moratorium through the
adoption of this ordinance and incorporated guidelines to further the purposes stated
herein;
WHEREAS, pursuant to California Government Code section 53069.4, the City
may, by ordinance, make the violation of any ordinance enacted by its City Council
subject to a civil administrative fine or penalty; and
WHEREAS, given the foregoing, the City has determined that it is appropriate to
amend section 1.10.040 to include that violations of this ordinance are prohibited and
subject to administrative penalties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1: The recitals above are each incorporated by reference and adopted as
findings by the City Council.
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SECTION 2: The City Council hereby finds that the ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines
sections 15060(c)(2), 15061(b)(3), and 15378(b)(5). The activity is not subject to CEQA
because it will not result in a direct or reasonably foreseeable physical change in the
environment; and 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 may
have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3: Amendment. Section 1.10.040(A) of Title 1 of the Municipal Code is
amended to add the following:
“28. Chapter 12.09, Pavement Moratorium”
SECTION 4: Chapter 12.09 is added to Title 12 of the Hermosa Beach Municipal Code to
read in its entirety as follows:
“Chapter 12.09 Pavement Moratorium
12.09.010 Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the
public; this physically limited resource requires proper management to maximize its
efficiency and minimize the costs to taxpayers, to protect against foreclosure of future
economic expansion because of premature exhaustion of the public right-of-way, and
to minimize the inconvenience to and negative effects on the public from use of the
public right-of- way by contractors and utility companies.
A pavement moratorium would protect the City’s investment in its infrastructure,
preserve the life of streets, and provide a safe driving surface and a pleasing
appearance to roadway surfaces that have undergone utility work.
12.09.020 Definitions.
The following definitions are applicable within this chapter:
A. "Completion date" means the date the Notice of Completion was signed by the
Public Works Director or designee for the completion of roadway construction,
resurfacing operations, or maintenance. For areas paved as public
improvements for a private development, this date shall be the date the final
inspection form was signed by the Public Works Inspector. For public
improvements for which a final inspection form was not signed, this date shall be
the actual date of completion of the work.
B. "Excavate" or "excavation" means any cutting, digging, potholing or otherwise
disturbing the paved surface within the public right-of-way. All such excavations
shall require a right-of-way permit issued in accordance with Chapter 12.12.
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C. "Permit" means written authorization from the Public Works Director or designee
to excavate, encroach upon, or obstruct the public right-of-way.
D. “Person” includes any individual, firm, partnership, joint venture, association,
corporation, estate, trust, business trust, any district, any city, any county
including this county, and all departments and bureaus thereof except the city
of Hermosa Beach.
E. "Public right-of-way" means the area in, upon, above, beneath, or across any
public street, parking lot, or other City-owned parcel or easement, including but
not limited to any highway, street, lane, court, alley, boulevard, sidewalk,
median, parkway, parking lot, or easement reserved by or dedicated to the City
for public use.
F. "Roadway" means any public street, including but not limited to any highway,
street, lane, court, alley, boulevard, median, parkway, parking lot, or easement
reserved by or dedicated to the City for vehicular or pedestrian travel.
12.09.030 Adoption of Guidelines.
The City Manager or their designee has the authority to administer and enforce the
provisions of this Chapter and may administratively establish rules and guidelines to
implement and interpret this Chapter.
12.09.040 General Requirements.
A. No entity or organization shall be exempt from the requirements of this Chapter
including, but not limited to, utility companies, state agencies, federal agencies,
school districts, and private developers.
B. Except as set forth in the City of Hermosa Beach Department of Public Works
Pavement Moratorium Guidelines, permission to excavate in roadways shall not
be granted for three (3) years following roadway maintenance, including but not
limited to chip seal, cape seal, slurry seal, micro paving, or other maintenance of
an asphalt concrete roadway; for five (5) years after the completion date of
roadway construction, including but not limited to reconstruction, grind and
overlay, or other replacement of an asphalt concrete roadway; or for ten (10)
years following roadway construction, including but not limited to reconstruction
of a Portland cement concrete roadway.
C. Details implementing this pavement moratorium may be set forth in the City of
Hermosa Beach Department of Public Works Pavement Moratorium Guidelines,
which may be updated from time to time in accordance with this Chapter.
These
Guidelines will be made available to the public on the City’s website and may be
requested from the City Clerk’s Office.”
12.09.050 Violation.
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Any person violating any provision of this Chapter or any Guidelines adopted in
accordance with this Chapter shall be subject to the enforcement provisions of
Chapter
1.04 and shall be subject to a civil administrative penalty pursuant to Chapter 1.10.
Each person shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this Chapter of the Guidelines is
committed, continued, or permitted.
SECTION 5: This ordinance shall become effective thirty (30) days following its adoption.
SECTION 6: The City Council hereby directs staff to prepare, execute and file with the
Los Angeles County Clerk a Notice of Exemption within five working days of the
approval and adoption of this ordinance.
SECTION 7: If any provision of this ordinance or its application to any person or
circumstance is held to be invalid, such invalidity has no effect on the other provisions
or applications of the ordinance that can be given effect without the invalid provision
or application, and to this extent, the provisions of this ordinance are severable. The
City Council declares that it would have adopted this ordinance irrespective of the
invalidity of any portion thereof.
SECTION 8: The documents and materials that constitute the record of proceedings on
which this ordinance and the above findings have been based are located in the City
Clerk’s Office, 1315 Valley Drive, Hermosa Beach, CA 90254. The City Clerk is the
custodian of records.
PASSED, APPROVED, AND ADOPTED this 28th day of November, 2023.
Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
Myra Maravilla, Patrick Donegan,
City Clerk City Attorney
DocuSign Envelope ID: B9020F87-1145-475D-8547-C1D79BAE3D8A
Intro: 11/14/2023
Adopt: 11/28/2023
ss
State of California )
County of Los Angeles )
City of Hermosa Beach )
December 19, 2023
Certification of Council Action
ORDINANCE NO. 23-1472
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA ADDING CHAPTER 12.09 TO TITLE 12 OF THE MUNICIPAL CODE
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby
certify that the above and foregoing Ordinance No. 23-1472 was duly approved
and adopted by the City Council of said City at its regular meeting thereof held
on the 28th day of November 2023 and passed by the following vote:
AYES: MAYOR MASSEY, MAYOR PRO TEM FRANCOIS, COUNCILMEMBERS
SAEMANN, DETOY, AND JACKSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla,
City Clerk
DocuSign Envelope ID: B9020F87-1145-475D-8547-C1D79BAE3D8A