Where work is done by City Forces, all excavations shall be
refilled promptly in the most workmanlike manner by the permittee,
and the surplus material removed without delay. It shall be unlawful
for any person to fail, refuse, or neglect to comply with any of these
regulations, or with any regulation of the Department of Public Works
governing the refilling of excavations.
The excavated or damaged area shall be replaced by the Department
of Public Works, and the cost therefor shall be charged to the person,
firm, or corporation making the excavation.
Permit fees and minimum work charges for such work shall be
established by Resolution of City Council. The minimum charge for
each type of work is based upon the actual cost to do the smallest
amount of each type of work. Unit charges are to be applied when the
actual unit charge exceeds the stated minimum.
(Prior code § 7112; amended
by Ord. No. 1187CCS, adopted 11/12/80)
No driveway shall cross a public street, parkway, or sidewalk
without written approval of the Superintendent of Streets.
The Parking and Traffic Engineer shall not approve a driveway or driveways to serve any lot zoned for multiple residential use under the provisions of Chapter 9.04, Article 9 of this Code, which would exceed in total width 28% of the width of said lot, said 28% to be measured between the bottoms of the vertical tapers in the curb, except that on any lot with street frontage less than 50 feet a single driveway not to exceed 14 feet in width shall be permitted. Concrete wings, equal in width to the length of the vertical taper in the curb, may be constructed extending from the curb to the sidewalk. Said wings also may extend from the back edge of the sidewalk to the street property line. The total width of concrete wings and driveway at the point where the driveway crosses the property line shall be the same as the width of concrete wings and driveway at the curb. The minimum width of the driveway shall be 12 feet. The maximum width shall be 35 feet. The length of the vertical taper in the curb shall vary with the curb height at the driveway location and shall conform to the dimensions shown in the table below.
The Parking and Traffic Engineer shall not approve a driveway exceeding 35 feet in width on any lot zoned for commercial or industrial use under the provisions of said Chapter 9.04 of Article 9 of this Code unless in his opinion a wider driveway is required by the nature of the business operated on the abutting property, and unless in his opinion no hazards would result from such wider driveway. For any lot zoned for commercial or industrial use, the minimum width of a driveway shall be 20 feet for a two-way operation and 12 feet for a one-way operation.
The Parking and Traffic Engineer shall not approve a driveway or driveways to serve any lot zoned for single family residential use under the provisions of Chapter 9.04, Article 9 of this Code which would exceed in total width 28% of the frontage of said lot on the street from which access is to be obtained, except that on any lot a single driveway not to exceed 14 feet in width shall be permitted regardless of the amount of street frontage of said lot. The driveway width as specified above shall be measured between the bottoms of the vertical taper in the curbs and shall be the same at the point where the driveway crosses the sidewalk. The minimum width of the driveway shall be 10.0 feet. The length of the vertical taper in the curb shall vary with the curb height at the driveway location and shall conform to the dimensions shown in the table below.
|
TABLE OF CURB TAPER LENGTHS
| ||
|---|---|---|
|
Height of Curb Faces
|
Residential
|
Commercial
|
|
6"
|
2'0"
|
3'0"
|
|
7"
|
2'4"
|
3'6"
|
|
8"
|
2'8"
|
4'0"
|
|
9"
|
3'0"
|
4'6"
|
|
10"
|
3'4"
|
5'0"
|
|
11"
|
3'8"
|
5'6"
|
|
12"
|
4'0"
|
6'0"
|
(Prior code § 7112A; amended
by Ord. No. 1073CCS, adopted 12/13/77)
The Parking and Traffic Engineer shall not approve a driveway or driveways to serve any lots zoned for commercial or industrial use under the provisions of Chapter 9.04 of Article 9 of this Code within 4 feet of any curb return or within 24 feet of any existing driveway approach or of any requested driveway approach.
(Prior code § 7112B; amended
by Ord. No. 1073CCS, adopted 12/13/77)
Notwithstanding the provisions of the Sections 7.04.180 or 7.04.190 of this Code, the Parking and Traffic Engineer may, at his discretion, grant variances from said Sections under the following circumstances:
(a)
Where
street widening adversely affect existing driveways on private property;
(b)
Where
existing driveway approaches are being reconstructed or remodeled
to join existing driveways on private property less than the required
minimum and width;
(c)
Where
a lot is of such size that the above requirements cannot be complied
with; or
(d)
Where
the variance requested arises from unusual or extraordinary physical
conditions which do not apply generally to other lots, the granting
of the variance requested will not be contrary to the public safety,
convenience and general welfare, the granting of the variance requested
will not adversely affect the rights of adjacent property owners or
tenants, and the granting of the variance requested is necessary to
do substantial justice and to avoid unnecessary hardship or results
inconsistent with the general purposes of said Sections.
(Prior code § 7112C; added
by Ord. No. 1073CCS, adopted 12/13/77)
Permit fees and minimum charges for inspection of resurfacing
work shall be established by Resolution of City Council.
No persons performing any work under provisions of this Chapter
shall fail, neglect or refuse to remove all materials and debris within
three days after completion of the work.
Any driveway, sidewalk, curb, gutter or street permit which
has been issued carries with it the right to place on public property
materials to be used on the job; provided, that said materials are
placed and lighted as provided by law.
No driveway approach may cross a property line as extended without
the consent of the Superintendent of Streets.
All materials and workmanship for work provided for under this
Article shall conform with applicable provisions of Standard Specifications
of the Department of Engineering.
Permits issued for the installation, repair, alteration of sidewalks,
curbs, gutters, or driveway aprons and for street and alley surfacing,
shall require that the person doing the work under any such permit
shall notify the Department of Public Works 24 hours before the time
set for inspection. Work completed without this notification or request
for inspection will not be accepted by the Department of Public Works.
All such work shall be performed to the satisfaction of the Superintendent
of Streets and under the supervision of an inspector provided by him.
(Prior code § 7113; amended
by Ord. No. 1187CCS, adopted 11/12/80)
Notwithstanding the provisions of Section 7.04.210 of this Code the charges provided for inspections therein shall be charged to the Santa Monica City School District, the Santa Monica City High School District, and the Santa Monica Unified School District at the actual cost to the City as determined by the Director of Public Works, but in no event higher than the rate as shown in Section 7.04.210 hereof.
(Prior code § 7113.1; added by Ord. No. 291CCS, adopted 12/23/52)
It shall be the duty of every person making any excavation or
obstruction in any public street to maintain safe crossings for vehicle
traffic at all street intersections and safe crossing for pedestrians
at intervals of not more than three hundred feet. If any such excavation
is made across any public street at least one crossing shall be maintained
at all times for vehicles and pedestrians. Free access must be provided
to all fire hydrants and water gates. All materials excavated shall
be laid compactly along the side of the trench and kept trimmed up
so as to cause as little inconvenience as possible to public travel.
If the street is not wide enough to hold the excavated materials without
using part of the adjacent sidewalk, the person by whom the excavation
or obstruction is made shall erect a tight board fence upon and along
such sidewalk and keep a passageway at least six feet in width open,
between the inside edge of the sidewalk and the outside edge of the
curb. Any person placing building material or rubbish from private
property on any sidewalk, parking, curb, or street, shall erect a
tight board fence along such sidewalk, and shall keep a passageway
at least six feet in width open between the inside edge of the sidewalk
and the outside edge of the curb. All gutters shall be maintained
free and unobstructed for the full depth of the adjacent curb and
for at least one foot in width from the face of such curb at the gutter
line. Wherever a gutter crosses an intersecting street, an adequate
waterway shall be provided and at all times maintained.
It shall be the duty of every person making any excavation or
obstruction in any public street or sidewalk to maintain barriers
at each end of such excavation or obstruction and at such places as
may be necessary along the excavation or obstruction to prevent accident,
and also to place and maintain lights at each end of such excavation
or obstruction, and at distances of not more than fifty feet along
the line thereof where said excavation or obstruction parallels the
curb line, said lights to be placed at intervals of not less than
five feet nor less than three lights where said excavation or obstruction
is at an angle with said curb line, from sunset each day to sunrise
of the next day, until such excavation is entirely refilled or the
obstruction has been removed; and it shall be unlawful for any person
to fail, refuse or neglect to comply with any requirements contained
in this Section.
(Prior code § 7114)
The decision of the Department of Public Works as to the cost
of any work done; or repairs made by it under its direction, pursuant
to the provisions of this Chapter, shall be final and conclusive as
to the cost thereof.
(Prior code § 7117)
All monies refunded pursuant to the provisions of this Chapter
shall be paid in the same manner as other demands against the City
are audited and paid.
(Prior code § 7118)
For inspections or engineering costs entailed for excavations
or improvements in any public street, other than for purposes specifically
mentioned in this Chapter, deposits shall be made in the amount determined
by the Street Superintendent or the City Engineer, and charges shall
be made against the deposits in the amount of the total costs.
(Prior code § 7121)
Any person engaged in the making of any fill or in the making
or filling of any excavation in any public street or sidewalk, shall,
at all times while such work is in progress, keep at the place where
such fill or excavation is located the original permit for such fill
or excavation and must on demand, exhibit the same to the Department
of Public Works, or to any of its inspectors or other employees.
(Prior code § 7123)
The owners, tenants, or occupants of property adjacent to, or
near, a public street, or any portion thereof, desiring that such
street, or any portion thereof, be improved pursuant to the provisions
of this Chapter, may petition the City to construct or to cause to
be constructed, the desired improvements.
(Prior code § 7128)
Any person desiring to petition the City Council hereunder,
shall apply to the Director of Public Works for the preparation of
such petition. The application for such petition shall be in writing
and shall set forth:
(a)
The
name, signatures, and addresses of the applicants;
(b)
The
names and addresses of the owners, tenants, or occupants of property
abutting on that portion of the public street, alley or way, to be
improved or to be benefitted by the making of such improvements, who
are willing to pay the costs thereof;
(c)
The
legal description of each of such parcels of property, or in lieu
thereof, sufficient description as to identify such parcels; and
(d)
A
description of the improvements desired to be constructed; such improvements
to meet the minimum requirements of the City.
(Prior code § 7129)
At the time of applying for the preparation of said petition,
there shall be paid to the City by the applicant a fee of Twenty-five
Dollars for the preparation of such petition.
(Prior code § 7130)
Upon receipt of an application for such petition the Director
of Public Works shall cause the petition to be prepared. The Director
of Public Works shall apportion the total estimated costs including
incidental expenses among the owners, tenants or occupants of property
whose names appear on the application as willing to pay the costs
of the improvements in the proportion that the benefits to be received
by them bears to the benefits to be received by all of the applicants
who are willing to pay the costs of the improvements, and the respective
amounts therefor shall be noted separately on such petition as to
each of such owners, tenants or occupants. Upon completion of the
preparation of such petition, the Director of Public Works shall cause
the same to be delivered to the applicant therefor.
(Prior code § 7131)
After the petition has been circulated by the applicant and
has been duly executed by each of the owners, tenants or occupants
who are willing to pay for the costs of such improvements, the same
may be filed in the office of the Director of Public Works. At the
time of filing thereof the signers of the petition shall deposit with
the Director of Public Works the said total estimated costs of such
improvements.
(Prior code § 7132)
Upon receipt of such petition and costs, the Director of Public
Works shall forward such petition to the City Manager together with
his recommendation as to the method of doing such work. The City Manager
shall present such petition to the City Council with his recommendations
of doing such work in keeping with the provisions of the City Charter.
After consideration of the petition the City Council may order the
doing of the work.
(Prior code § 7133)
Upon completion of the improvements, the Director of Public
Works shall submit to the City Manager a detailed report showing the
total costs of the making of such improvements and such total costs
shall be apportioned so that the percentage thereof to be paid by
each petitioner shall be the same as the percentage of the total estimated
costs allocated to each petitioner in said petition. A copy of such
report shall be mailed by the Director of Public Works to each of
the petitioners at the addresses shown in such petition. Should the
actual costs exceed the estimated costs of the doing of such work,
the petitioners shall be liable for the payment of their respective
proportions of such deficit as indicated in said report and shall
pay the same to the Director of Public Works upon his demand therefor.
In no event shall the petitioners be required to pay in excess of
ten percent of the original estimated costs.
Should said estimated costs exceed the actual costs, such excess
shall be refunded to the petitioners entitled thereto.
(Prior code § 7134)
Any petitioner, or other person interested, feeling aggrieved
at:
(a)
Any
action of the Director of Public Works in the preparation of any petition
hereunder;
(b)
The
manner of apportioning the estimated costs of the improvement;
(c)
The
making of the improvement; or
(d)
The
making of the final report upon completion thereof; may make written
protest to the City Council. Such protest must be filed with the City
Clerk not later than the time of the ordering of the making of the
improvements by the City Council as to any protest filed under (a)
or (b) hereof, or within fifteen days after the mailing to petitioners
of the final report by the Director of Public Works as to any protest
filed under (c) or (d) hereof. The City Clerk shall endorse on every
such protest the time of its reception by him, and shall present the
same to the City Council. The Council shall hold a public hearing
on said protest upon the giving of at least ten days notice in writing
in advance of said hearing to the petitioners at the addresses shown
in said petition. Upon the conclusion of said hearing, the City Council
shall have the power to take any action as in its judgment is indicated,
and its decision shall be final and conclusive upon all persons entitled
to appeal under the provisions of this Chapter. The exclusive remedy
of any person affected or aggrieved by any proceeding taken under
this Chapter shall be by protest and appeal to the Council as herein
provided.
(Prior code § 7135)
The City Council declares that in adopting the procedure set
forth in the preceding sections, it is its intention that the procedure
outlined shall be additional or alternative to any other procedure
established by law or ordinance.
(Prior code § 7136)
(a)
The
owner or developer of a building in the City shall pay a wastewater
capital facility fee to the City. This fee shall be paid before the
issuance of the next permit or certificate required in the course
of development or occupancy of the building. No City permit or certificate
of occupancy shall be issued in connection with a building until payment
of the prescribed fee has been received.
(b)
The
fee shall be established and from time to time be amended or revised
by resolution of the City Council. The Utilities Manager may increase
the fee for any building if in his or her judgment the sewage flow
will be greater than average.
(c)
If
the use of property subject to this Section is changed so that its
sewage flow warrants the payment of a higher fee, as shown on the
City Council resolution setting the fee, the owner or developer of
the property shall pay an additional fee, as determined by the Utilities
Manager.
(d)
This
fee shall be supplementary to all other permit and fee requirements
of this Chapter.
(Prior code § 7137; added
by Ord. No. 1199CCS, adopted 2/24/81; amended by Ord. No. 1602CCS §1,
adopted 10/8/91; Ord.
No. 1836CCS § 1, adopted 12/12/95)
For the purpose of the next succeeding Sections in this Chapter,
the following words and phrases are defined and shall be construed
as hereinafter set out, unless it shall be apparent from the context
that a different meaning is intended:
shall mean any public sewer constructed within the boundaries
of this City or in territory annexed to this City, the cost of which
was not directly assessed against the property from which connections
are made or proposed to be made (except those sewers which were built
by private contract and not at the expense of this City, County of
Los Angeles, State of California or United States Government), those
sewers constructed by a Los Angeles County Sanitation District and
those sewers constructed by the Board of Education, or other municipal
department to avoid any State Improvement Act Assessments against
their property.
shall mean any house connection sewer or portion thereof
from a lot, or part of a lot, to a bonded sewer located directly in
front, rear, or at the side of such lot, or part of such lot.
shall mean any sewer pipe line, or portion thereof, constructed
in a street, alley, walk or other public place or in a sewer easement
granted to the City and connecting, or proposed to connect, any lot
or part of a lot with any public sewer.
shall mean any house connection sewer, or portion thereof,
serving or intended to serve any industrial, manufacturing, processing
or servicing establishment discharging industrial wastes described
in Section 7.04.630.
shall mean any storm drain connection carrying or intended
to carry industrial waste from any industrial, manufacturing, processing
or servicing establishment discharging industrial wastes described
in Section 7.04.630.
shall mean any piece or parcel of land, as bounded, defined
or shown upon the latest map, plat or deed recorded in the office
of the County Recorder of the Los Angeles County; provided, however,
that in the event any building or improvements appurtenant to said
buildings covers more area than a "lot," as herein defined, the term
"lot" shall be deemed to be and include all such pieces or parcels
of land upon which said buildings or improvements are wholly or partly
located.
shall mean any sewer, other than a house connection sewer,
which has been constructed in a public street, alley, walk, or other
public place, or in a sewer easement, and is a part of the public
sewer system of the City of Santa Monica.
shall mean any house connection sewer or storm drain connection from any swimming pool, wading pool, fountain, pond, tank, vat or receptacle which receives or disposes of rainwater or surface water for which a permit is required by Section 7.04.490.
shall mean any house connection sewer from a lot, or part
of a lot, which does not have a public sewer directly in front, rear
or at the side of such lot, or part of such lot, and the lot or part
of lot has not been directly assessed for a public sewer.
shall mean any pipe line, or portion thereof, constructed
in a street, alley, walk, or other public place, or in an easement
granted to the City, and connecting or proposed to connect any lot
or part of a lot with any storm drain.
(Prior code § 7138; added
by Ord. No. 189CCS, adopted 6/21/49)
Not more than two lots shall be connected to any one house connection
sewer, and not more than one lot per connection will be allowed during
new construction or remodels.
(Prior code § 7139; added
by Ord. No. 189CCS, adopted 6/21/49; amended by Ord. No. 1836CCS § 2,
adopted 12/12/95)
(a)
No
person shall make, construct, alter or repair any house connection
sewer, bonded house connection sewer, special house connection sewer,
industrial waste sewer connection, industrial waste storm drain connection,
storm drain connection, or special drainage connection, or any portion
of any such sewer or storm drain connection, including sampling manholes,
or connect any house sewer, soil pipe, or plumbing to any such sewer
or storm drain connections or to a sewer or storm drain under the
jurisdiction of the City of Santa Monica without first obtaining a
written permit therefor from the Street Superintendent.
(b)
Persons desiring to obtain a permit for any of the purposes enumerated in Sections 7.04.490 to 7.04.600 inclusive, shall apply to the Street Superintendent for such permit. If it appears from the application that the work to be performed thereunder is to be done according to the regulations contained or referred to in this Code, governing the doing of such work, a permit shall be issued upon the payment of the permit charges required or referred to in Section 7.04.510.
(c)
Nothing
in this Section shall be construed to require the application for,
or the issuance of a permit for the purpose of removing stoppages
in any house connection sewer, except when it is necessary to replace
any part or all of such sewer connection or to excavate in any street
or sidewalk or sewer easement in connection therewith.
(d)
The
provisions of this Section shall not apply to contractors constructing
house connection sewers under contracts entered into under proceedings
had or taken pursuant to any procedure ordinance of the City, or the
Statutes of the State of California, or other contracts authorized
by the City Council, providing for the construction of such house
connection sewers.
(Prior code § 7140; amended
by Ord. No. 362CCS, adopted 5/24/55)
If the work authorized by a permit issued pursuant to Sections 7.04.490 to 7.04.600 inclusive, is not commenced within thirty days from the date of issuance thereof, then such permit shall be canceled, and the City shall retain a service fee from the permit fee paid at the time such permit was issued. The City Council may establish or amend from time to time, by resolution, the service fee to be retained of the permit fee paid at the time the permit was issued.
(Prior code § 7141; amended
by Ord. No. 527CCS, adopted 6/20/61; Ord. No. 1836CCS § 3,
adopted 12/12/95)
Before granting any permit pursuant to the provisions of Section 7.04.490, except applications filed by a department of the City, the Utilities Manager shall require the payment by the applicant therefor of a fee for each permit issued, which fee shall include the payment of one inspection only. A fee shall be charged for each additional inspection required. If connection to the City sewer is made prior to the securing of the sewer permit required in Section 7.04.490, all applicable fees, deposits and charges shall be in an amount that is twice the amount that is established by resolution. The fees authorized in this Section shall be established or amended by the City Council from time to time by resolution.
(Prior code § 7142; amended
by Ord. No. 985CCS, adopted 2/4/75; Ord. No. 1836CCS § 4,
adopted 12/12/95)
No person having obtained a permit as prescribed herein shall
construct, alter or repair any house connection sewer or any portion
of any house connection sewer, or make a connection to any public
sewer, or house connection sewer, pursuant to any such permit, at
any place other than that designated thereon, or fail, refuse or neglect
to comply with any requirement contained or referred to in this Section.
At all times while the work under any such permit is in progress,
the original of such permit must be kept at the site of the work.
All work done pursuant to the provisions of Sections 7.04.490 to 7.04.600 inclusive, shall be performed by a contractor bonded with the City under terms and conditions established by the Director of Environmental and Public Works, except that persons holding a valid permit issued by the City Plumbing Inspector and, after obtaining permission from the Utilities Manager as prescribed under Section 7.04.600, may connect a house connection sewer to a public sewer where a Y-branch is available and when such public sewer is located in the street area between the parameters of the property line of the property to be connected or in any easement adjacent to said property.
(a)
Upon
proper application to the Utilities Manager, permission may be granted
to increase the internal diameter of house connection sewers to not
more than two inches less than the internal diameter of the public
sewer to which it is connected, if such increased diameter is in accordance
with recognized engineering practice.
No person shall connect a four-inch house connection sewer to
a six-inch house connection sewer without first installing a six-inch
by four-inch by four-inch increaser tee on the end of the six-inch
house connection sewer, or a six-inch by four-inch increaser followed
by a four-inch by four-inch by four-inch tee branch.
The quality of the pipe, the type of joint, and all other materials
used, and the manner of constructing house connection sewers and backfilling
the trench, except where specifically provided for herein, shall be
as required by the latest specifications and standard details for
the construction of sanitary sewers, on file in the office of the
City Engineer.
(b)
The
minimum grade for any house connection sewer constructed under the
provisions of this Article shall be in conformance with the currently
adopted edition of the Uniform Plumbing Code.
(c)
In
streets or sidewalks where the abutting property to be served is zoned
for buildings other than single residences, the depth of the upper
end of any house connection sewer shall be the maximum obtainable
by a connection laid on an even grade of two percent. The invert of
the upper end of such house connection sewers need not be laid deeper
than ten feet below the nearest point on the existing curb or proposed
curb grade, or if there is no existing or proposed curb, then to the
nearest point on the street, walk or alley grade at the property line,
unless a greater depth is required to serve such property.
(d)
In
streets or sidewalks where the abutting property to be served is zoned
for single residences, the depth at the property line of the invert
of the upper end of the house connection sewer, when laid on an even
grade of not less than two percent where possible, shall be five feet
below the nearest point on the existing curb or proposed curb grade
or, if there is no existing or proposed curb, then to the nearest
point on the street, walk or alley grade at the property line.
(e)
When
a building is on or immediately adjacent to a property line, and a
sewer connection must be constructed, and an existing house sewer
from said building ends at such property line at a depth of less than
the depth required in this Section for the upper end of a house connection
sewer to be constructed to such property line; or where an earth bank
over four feet in height exists adjacent to the curbline or property
line, the Utilities Manager shall determine the requirements for the
construction of that portion of the house connection sewer between
the curbline and property line, if in a street, and between the main
sewer and the property line, if in an alley, walk or other public
place improved or to be improved without a curb, which will meet such
conditions better than the method of construction herein prescribed.
When a main sewer exceeds fourteen feet in depth the manner
of constructing a house connection sewer from such a sewer shall be
regulated by the Utilities Manager.
(f)
In the event the public records of main line sewers or house connection sewers do not represent correctly the existing conditions of such sewers, or the provisions of Sections 7.04.490 to 7.04.600 inclusive, do not apply wholly to the construction of any particular house connection sewer, the Utilities Manager shall determine the procedure to be followed and his or her decision shall be final.
(Prior code § 7143; amended
by Ord. No. 362CCS, adopted 5/24/55; Ord. No. 1836CCS § 5,
adopted 12/12/95)
As used in Sections 7.04.530 through 7.04.570, the following words and phrases shall have the meaning set forth herein, unless it is apparent from the context that a different meaning is intended:
A determination that the volumetric amount or strength of
sewage which enters the sewer system from a premises is deemed to
be a defined amount substantially different from that amount or strength
specified in a resolution of the City Council referred to hereinafter.
The average amount of sewage which enters the sewer system
from a user, as determined and established for residential, commercial,
industrial and governmental users from time to time by resolution
of the City Council.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter in five days at twenty degrees centigrade expressed
in terms of milligrams per liter (mg/l) and analyzed in accordance
with the most recent publication of "Standard Methods for the Examination
of Water and Wastewater," prepared and published by the American Public
Health Association, American Water Works Association, and Water Pollution
Control Federation.
That use of the sewer system which is in any manner related
to the operation of or on any premises for purposes of business, commerce
or trade.
A factor which shall be applied to the water usage of a particular
class of user to reflect the actual or estimated percentage of water
usage which is discharged to the sewer system.
That use of the sewer system by a city, city and county,
county, state, federal government or a political subdivision of any
of the foregoing.
That use of the sewer system which is in any manner related
to manufacturing or processing activities.
A parcel of real property, and any appurtenances and improvements
situated thereon, discharging sewage or connected to the sewer system.
That use of the sewer system which is related to predominantly
residential use of the premises in discharging sewage into the sewer
system.
The concentration of dissolved and suspended matter in sewage,
as indicated by biochemical oxygen demand or suspended solids, which
derives from normal residential discharges to the sewer system.
The used, spent or wasted discharge of the community of the
City received, directly or indirectly, by the sewer system from one
or more of the following sources, to wit: residences, commercial buildings,
industrial plants, other structures and institutions, subsurface water,
surface water and stormwater.
The concentration of dissolved and suspended matter in sewage,
as indicated by biochemical oxygen demand or suspended solids, as
defined herein.
That amount imposed upon users of the sewer system as provided
for in this Chapter.
The entire network of appurtenances, improvements, fixtures,
real and personal property involved and contributing to the operation
and maintenance of the sewage collection and disposal system of the
City of Santa Monica and the City of Los Angeles, including but not
limited to sewer facilities, pumping stations and treatment plants.
The total nonfiltrable residue in water, wastewater or other
liquids, which is removable in accordance with the most recent publication
of "Standard Methods for the Examination of Water and Wastewater,"
prepared and published by the American Public Health Association,
American Water Works Association, and the Water Pollution Control
Federation.
An owner or occupant, whether commercial, governmental, industrial
or residential, of an appurtenance, improvement, building, lot or
premises being served by the City of Santa Monica Water Division,
and discharging sewage or having a connection to discharge sewage,
to the sewer system.
A group of users of the water system or sewer system which,
in the judgment of the Utilities Manager, have similar purposes for
water use, similar wastewater discharge requirements and similar wastewater
strength characteristics.
Synonymous with the definition of sewage set forth above.
(Prior code § 7143A; added
by Ord. No. 1030CCS, adopted 4/13/76; amended by Ord. No. 1602CCS §
2, adopted 10/8/91)
(a)
There
is imposed a sewer service charge for the receiving, transportation,
pumping, treatment and disposal of sewage through the sewer system,
and capital replacement costs pertaining thereto.
(b)
The
sewer service charge shall be a charge to commercial, governmental,
industrial, residential, and other users of the sewer system. It shall
have three components as follows:
(1)
A fixed rate component, which shall be based on a user class and
the capacity in the sewer system which a user may require, as indicated
by size of water meter, and which shall generally be intended, in
its aggregate, to recover the City's fixed costs of service to that
particular user class.
(2)
A variable rate component, which shall be based on estimated volume
discharge of sewage as determined by metered water usage and adopted
discharge factors, or by measured sewage discharge, and which shall
generally be intended, in its aggregate, to recover the City's variable
or flow-related costs of service.
(3)
A sewage strength component, which shall apply to all commercial and industrial users who are required by Article 5, Chapter 5.20 of the Santa Monica Municipal Code to obtain an industrial wastewater permit. It shall be based on the actual or estimated sewage strength, and shall generally be intended, in its aggregate, to recover the City's variable costs of collecting, transporting, treating and disposing of sewage which exceeds residential sewage strength. This component may also be applied to other users when, in the judgment of the Utilities Manager, the strength of discharge of that user exceeds residential sewage strength.
(c)
The
sewer service charge shall be computed at the rates established from
time to time by resolution of the City Council.
(d)
No
sewer service charge shall be made or collected on any appurtenance,
improvement, building, lot or premises where there is no connection
to discharge sewage to the sewer system.
(e)
Any
user, at his or her own option and cost, may obtain a permit from
the Department of General Services and install pursuant thereto and
subject to inspection by the Department of General Services, a metering
device or devices approved by the Department of General Services for
measuring all of the sewage discharged into the sewer system from
his premises. For purposes of this subsection, the total aggregate
measured through said device or devices during a given billing period
will be deemed to be the average sewage from his premises for said
billing period.
(f)
The Director of General Services or his or her designated representative shall have the power and duty, and is directed to enforce all of the provisions of Sections 7.04.530 through 7.04.570, inclusive, except as otherwise set forth herein, and shall provide such rules and regulations as are consistent with the provisions of said sections and may be necessary or desirable to aid in the administration, adjustments and enforcements of said sections.
(Prior code § 7143B; added
by Ord. No. 1030CCS, adopted 4/13/76; amended by Ord. No. 1602CCS §
3, adopted 10/8/91)
The Director of General Services shall direct, supervise and
control the collection of the sewer service charge imposed in this
Chapter, and shall arrange for the billing, collection, delinquency
penalties and accounting for the sewer service charge through the
available facilities of the Water Division of the City and in accordance
with its regular billing practices, as provided in the applicable
Sections of the Santa Monica Municipal Code.
(Prior code § 7143C; added
by Ord. No. 1030CCS, adopted 4/13/76; amended by Ord. No. 1602CCS §
4, adopted 10/8/91)
(a)
The
Director of General Services shall have the authority to provide for
adjustments in the discharge factors and sewage strengths established
by resolution of the City Council in cases where the Director of General
Services determines that the actual quantity or quality of sewage
discharge is substantially different from those established. The Director
of General Services shall also have authority to prorate fixed rate
and variable rate components of the sewer service charge in cases
where more than one user class are served by a common water meter.
(Prior code § 7143D; added
by Ord. No. 1030CCS, adopted 4/13/76; amended by Ord. No. 1602CCS §
5, adopted 10/8/91)
All sewer service charge monies collected for and by the City
shall be placed and deposited into a sewer construction, operation
and maintenance fund, to be expanded for the purposes of the construction,
operation and maintenance of the sewage system of the City of Santa
Monica and the sewage treatment facilities of the City of Los Angeles,
and for the purpose of paying for any refunds, billings, collections
and administrative costs related to the sewer service charge.
(Prior code § 7143E; added
by Ord. No. 1030CCS, adopted 4/13/76)
Persons whose property lies wholly outside the city limits of the City of Santa Monica and who desire a permit to connect to or construct a special house connection sewer or bonded sewer house connection sewer shall apply for such permit to the Street Superintendent. A permit may be issued to make such sewer connection upon the payment of the fees provided in Section 7.04.510, and in addition thereto, there shall be a charge payable to the City of an amount equal to two cents per square foot of the lot or parcel, or portion thereof, sought to be connected.
(Prior code § 7144; amended
by Ord. No. 428CCS, adopted 8/27/57)
In the event a permit is sought to connect to any sewer house
connection wholly constructed and installed by the City, whether such
sewer house connection is within or without the city limits of the
City of Santa Monica, then, in addition to the charges specified above,
there shall be paid to the City, prior to the issuance of such permit,
the cost of construction of such sewer house connection as such cost
is shown on the records of the City.
(Prior code § 7144A; added
by Ord. No. 428CCS, adopted 8/27/57)
(a)
When in the judgment of the Utilities Manager it becomes necessary to construct any connection to a sanitary sewer or storm drain less than twelve inches in diameter, or other structural opening exists, a tapping or saddling fee in addition to that provided for in Section 7.04.510 shall be paid. The contractor or person doing such work shall excavate to the sewer or storm drain at the point where the connection is to be made, and wastewater maintenance forces of the Utilities Division shall then cut the required hole in the sewer or storm drain and install the sewer saddle furnished by the City, or make the proper connection to the storm drain. A fee shall be charged for such work, as established or amended from time to time by resolution of the City Council.
(b)
Tap connections made to sewers or storm drains by City forces over twelve inches shall be made as stated in subsection (a) of this Section, except that a separate fee for such work shall be charged, which fee is established or amended from time to time by resolution of the City Council.
(c)
Saddles
only shall be used when the internal diameter of the public sewer
exceeds the internal diameter of the house connection sewer by two
or more inches.
(d)
When
the internal diameter of the public sewer does not exceed the internal
diameter of the house connection sewer by two or more inches, the
contractor or person doing such work shall excavate to the sewer and
wastewater maintenance forces of the Utilities Division of the Department
of Environmental and Public Works Management shall make the connection
by installing in the public sewer, a Y-branch connection which Y-branch
shall be furnished by the City. A fee shall be charged for such work,
which fee is established or may be amended from time to time by resolution
of the City Council.
(e)
Tap connections made to interceptor or outfall sewers constructed of brick and concrete, concrete, or any sewer with a protective lining, shall be made as stated in subsection (a) of this Section, except that a deposit shall be taken in the amount estimated by the Utilities Manager, and the charges will be the actual cost to the City.
(f)
Tap connections made to catch basins and connections made to the manholes shall be made as stated in subsection (a) of this Section, except that a fee shall be taken in the amount as set from time to time by City Council.
(g)
The
excavation for the connection made by the contractor or such person
holding a permit to make such connection, shall conform to all applicable
provisions of the "Tunnel Safety Rules" and "Trench Excavation Rules"
and "General Construction Safety Orders" of CAL-OSHA and be of such
size as to permit the easy installation of such connection, before
such contractor or person shall request that City forces make the
required connection.
(Prior code § 7145; amended
by Ord. No. 869CCS, adopted 5/18/71; Ord. No. 1836CCS § 6,
adopted 12/12/95)
(a)
When
the Building Officer issues a building demolition and/or moving permit,
the scope of work for that permit shall include capping the sanitary
sewer at the property line.
(b)
An
owner or possessor of land shall, within five days after demolition
or removal of any structure upon the land to which a sewer is attached,
cause the sewer to be capped at the property line. The capped sewer
shall not be backfilled until inspected by the Building Officer. The
capped sewer line at the property line is temporary to help facilitate
demolition or removal of the structure only and is intended to be
placed back in service once the new structure is completed.
(c)
Should
the owner or possessor choose to abandon the existing sewer line and
replace it with a new sewer connection to the City's wastewater main,
the abandoned sewer connection shall be removed from the City's wastewater
main. The proposed work shall be inspected and approved by the Wastewater
Supervisor within the City's Water Resources Division and the Building
Officer.
(Prior code § 7145A; amended
by Ord. No. 985CCS, adopted 2/4/75; Ord. No. 2165CCS § 8,
adopted 8/9/05; Ord. 2684CCS § 1, adopted 11/9/21)
The Street Superintendent or any of his authorized representatives
is authorized to make such inspections as he may deem necessary at
any reasonable time in any building, premises or lot for any of the
purposes hereinafter in this Section mentioned, and no person shall
interfere with, prevent or refuse to permit the Street Superintendent
or any of his representatives to enter any building, premises or lot
at any reasonable time for any of the following purposes:
(a)
To
determine the size, depth and location of any sewer or storm drain
connection;
(b)
To
determine the outlet of any sewer or storm drain connection by depositing
testing materials in any plumbing fixture attached thereto and flushing
the same, if necessary;
(c)
To
determine by measurements and samples the quantity and nature of sewage
or wastewater being discharged into any sewer, storm drain or watercourse;
(d)
To
determine the location of roof, swimming pool, and surface drains,
and whether they are connected to a street gutter, storm drain or
sewer;
(e)
To
determine the nature and quantity of flow in any open watercourse
or storm drain.
(Prior code § 7146; amended
by Ord. No. 362CCS, adopted 5/24/55)
All house connection sewers, bonded sewer house connection sewers,
special house connection sewers, industrial waste sewer connections,
industrial waste storm drain connections, storm drain connections,
or special drainage connections and appurtenances thereto, now existing
or hereafter constructed, shall be maintained by the owner of the
property served in a safe and sanitary condition, and all devices
or safeguards which are required by this Chapter for the operation
thereof shall be maintained in good working order.
(Prior code § 7148; added
by Ord. No. 355CCS, adopted 2/23/55)
(a)
No
person shall empty any cesspool, septic tank, or other sewage retention
tank cleaning vehicle into any manhole or portion of the sanitary
sewer system without first obtaining a permit in writing from the
Street Superintendent for each vehicle so used. It is unlawful for
any such vehicle to be emptied into any manhole, catch basin or portion
of the storm drain system.
(b)
Any
person desiring to obtain any such permit shall file with the Street
Superintendent a written petition signed by the applicant which shall
contain the number of vehicles for which permits are required and
the State license number of each vehicle so used.
(c)
The
Street Superintendent must be satisfied that the granting of such
permit will in no way jeopardize or menace the public peace, health
or safety, and for this purpose he may consider any facts or evidence
bearing on the location where said emptying is to be done.
(d)
The
Street Superintendent may make rules and regulations covering the
emptying of such cleaning vehicles into the sewer system and shall
specify the locations where said emptying is permitted. The failure
to comply with said rules and regulations after actual notice thereof,
shall be deemed to be a violation of this Code and punishable as provided
herein.
(e)
No
permit shall be issued to any person to empty said cleaning vehicles,
pursuant to the terms of this Section, until the applicant has deposited
with the Street Superintendent Ten dollars for each vehicle so used
to cover the cost in connection with the issuance of said permit and
the compiling of emptying location lists.
(f)
Any
permit issued in accordance with the provisions of this Section shall
be good for six months from the date thereof, except that the same
may be revoked at any time by the Street Superintendent if the holder
thereof or any employee, agent or other person under the control or
direction of the holder violates any provision of this Section or
any rule made pursuant thereto.
(g)
Each
such cleaning vehicle operating on any street shall have displayed,
on each side, in black block letters not less than three inches in
height, the name of the person operating the vehicle. The permit issued
by the Street Superintendent shall at all times be kept on the vehicle
for which it is issued in a legible condition and visible for immediate
inspection.
(Prior code § 7149; added
by Ord. No. 362CCS, adopted 5/24/55)
(a)
Permit Required. No person shall deposit or maintain in or upon any public street, mall, court, alley, sidewalk, or parkway, any protection fence, protection canopy, building material of any kind, debris from any building or building excavation, or any kind of material or equipment used or intended for use in connection with any building or other work upon adjacent private property without first receiving a permit from the Department of General Services to do so and paying to said Department a fee as set forth in subsection (c) of this Section to cover all cost of processing the application for permit and inspection. The Department of General Services may, by such permit, require compliance with special conditions to safeguard the public street and sidewalk or other public improvements.
Exception: the provisions of this Section shall not apply to
cranes mounted on vehicles which conform to the width, height, length,
size, and weight limitations set forth in Division 15 of the Vehicle
Code of the State of California when no part of such vehicle, when
parked and in operation in a public street, extends more than 10 feet
into the roadway from the curb or which occupies less than 1/2 the
width of the alley in which it is working.
(b)
Application
for Permit. The application for said permit shall contain:
1.
The
address for which a permit is desired;
2.
The
name, address, and telephone number of the owner of the adjacent private
property;
3.
The
name, address, and telephone number of the applicant;
4.
A
non-business hour telephone number of the party responsible for use
of public property; and
5.
A
plot plan showing limits and location of the area to be used.
(c)
Permit
Fees.
1.
For
depositing or maintaining any protection fence, protection canopy,
building material, debris, or equipment, excepting cranes, in or upon
any public street, sidewalk, or parkway, the permit fees shall be
charged per square foot occupied, except that a minimum permit fee
shall be charged. Such fees shall be established from time to time
by resolution of City Council. The duration of the permit shall be
for 60 days; an additional or renewal permit shall be required after
the expiration of the first 60 day period thereafter, and a double
fee shall be charged if the area is occupied prior to securing the
required permit, or after such permit shall have expired.
2.
For
the use, storing, or maintaining of one or more cranes in or upon
any public street, sidewalk, or parkway, the permit fee shall be established
from time to time by resolution of the City Council.
(Prior code § 7151; amended
by Ord. No. 1227CCS, adopted 10/13/81)
Every permit granted under Section 7.04.670 shall be granted upon the condition that the person to whom the permitwas granted shall conform in every respect to the provisions of this Chapter.
(Prior code § 7152)
The Department of Public Works may revoke any permit granted under Section 7.04.670 for the violation of any section of this Chapter.
(Prior code § 7153)
No person shall continue to use the area for which a permit
has been granted after the permit has been revoked by the Department
of Public Works.
(Prior code § 7154)
(a)
No
person shall fail to remove any protection fence, protection canopy,
building material, or equipment of any kind whatsoever, or any debris
deposited or maintained on any public street, within five days after
the completion of the construction, alteration, repair or demolition
of any building in front of which such fence, canopy, material, equipment
or debris is deposited or maintained, nor fail to leave the street
in as good a condition as the same was prior to the placing of such
fence, canopy, material, equipment or debris thereon.
(b)
The
Department of Public Works shall proceed to do such work or have the
same done upon failure of any person charged to do so under this Section,
and the costs necessarily incurred by the Department of Public Works
in doing such work may be recovered by the City from such person.
(Prior code § 7155)
No person shall maintain building material of any kind, any
debris, or any other kind of material or equipment on any street,
without placing and maintaining a warning light at each end of each
pile of such material or debris and at each end of such equipment
during the whole of each night from sunset until sunrise of the following
day. Such warning lights shall be so located that they are clearly
visible to approaching traffic.
(Prior code § 7156)
(a)
No
person shall deposit or maintain any building material of any kind
whatsoever, or any debris from any building or excavation, in or upon
any public street:
1.
Within
25 feet of any fire hydrant;
2.
Within
11 feet of the nearest rail of any railroad track on such street;
3.
In
any manner as to prevent the passage of any vehicle;
4.
In
any manner as to obstruct the gutter space of the street;
5.
Except
upon the same side of the street and immediately in front of the building
in actual course of construction, alteration, repair or demolition.
(b)
Any person operating a crane in or upon the public street, whether required by Section 7.04.670 to obtain a permit or not, must comply with the following regulations:
1.
No
unauthorized person or vehicle is to be permitted to pass or stand
under the boom or load. All unauthorized persons and vehicles must
be kept at a safe distance from such operations;
2.
Flagmen,
barricades, signs and warning devices are to be provided and maintained
whenever necessary to protect the public.
3.
The
contractor shall be liable for all damage that occurs to public streets
or improvements or property therein which is caused by or results
from the operation of a crane in the public street;
4.
Any
condition specified by the Department of Public Works in granting
the permit including, but not limited to, the hours and days that
cranes may be parked or operated in a public street, and any safety
measures to be taken by the permittee.
(Prior code § 7157)
No person shall mix, make, place or pile any mortar, concrete,
plaster, or lime, or any similar substance or mixture upon any surface
of any paved street, or cause the same to remain at any place in such
a manner that the same will fall or leak upon the surface of any street.
(Prior code § 7158)
No person shall fail to keep the permit granted for maintaining
any protection fence, protection canopy, equipment, building material
or debris at all times at the place where such work is being done;
nor fail, upon demand therefor, to exhibit such permit to any member
or inspector of the Department of Public Works, Building Department,
Police Department, or any public officer.
(Prior code § 7159)
No person shall store or keep upon any street any material or
debris taken from any excavation or building, or fail to remove the
same from day to day as it is produced or to wet any dry debris or
rubbish, so as to prevent the same from being blown by the wind, whether
in the course of removal from any building or excavation, or on any
street.
The Department of Public Works shall proceed to do such work
or have the same done upon the failure of any person charged so to
do under this Section, and the costs for labor, materials, and/or
equipment necessarily incurred by the Department of Public Works in
doing such work will be recovered by the City from such person.
The minimum amount to be recovered by the City for such and
every time that the City is forced to accomplish the above will be
$50.00.
(Prior code § 7160; amended
by Ord. No. 880CCS, adopted 10/26/71)
Every permit granted by the Department of Public Works under Section 7.04.670 shall become and be void within 60 days from the date issued.
The Department of Public Works may extend the time of the permit
for a period not to exceed 60 days for each extension.
(Prior code § 7161)
Whichever departments, or officers of this City, in the discharge of official duties, deposit or maintain any protection fence, protection canopy, building material or equipment, or any debris in any public street, a permit such as is required for persons under the provisions of Section 7.04.670 shall be obtained, but such permit shall be issued without the payment of any fees. The fee requirements will be similarly waived on such permits when issued to contractors in connection with work performed under contract to the Department of Public Works.
(Prior code § 7162)
(a)
The access and improvement requirements set forth herein and in Sections 7.04.800 through 7.04.830 shall apply in all zones unless specifically exempted by other approvals of subdivisions, land divisions, conditional use permits, variances, architectural review, or other discretionary approvals or unless specifically waived by the City Council where their application would cause hazardous or other undesirable situations.
(b)
Prior to acceptance of any development plans by City Staff to determine the access and improvements requirements necessitated by this Section and Sections 7.04.800 through 7.04.830, a general services field inspection and plan check fee shall be paid in the amount established by the City Council. The filing of plans pursuant to this Section may be concurrent with other plans filed with the City.
(Prior code § 7163; amended
by Ord. No. 1438CCS, adopted 4/26/88)
(a)
Purpose. The intent of this Section is to provide
for the orderly acquisition and improvement of the public right-of-way
("right-of-way") for the benefit of public health, safety, and welfare,
and also provide proper circulation access for right-of-way users
by preventing congestion and other hazards caused by impacts resulting
from the development of land permitted in the applicable zones. The
following provisions relating to right-of-way acquisition and off-site
improvements are deemed necessary and must be provided by the private
property developer or private property owner at no cost to the City.
(b)
Definitions.
(1)
"Dedication" means the setting aside of private property for
public right-of-way use and the acceptance of land for such use by
the City of Santa Monica ("City").
(2)
"Easement" means the legal right or privilege to use real property
(including access rights) distinct from the ownership of real property.
Easement types after dedication of right-of-way:
(i)
Access Easement. A right or rights granted
or taken for the construction, maintenance, and operation of roadways
and/or pedestrian or bicycle trails and sidewalks which does not transfer
fee title.
(ii)
Utilities Easement. A right or
rights granted or taken for the construction, maintenance and operation
of City or private utilities, including, but not limited to, water,
sewer, storm, electricity, natural gas, and telecommunications above
or below the ground, which does not transfer fee title.
(3)
"Institutional developments" consist of building projects that
are within the jurisdictional oversight of the State or County, such
as the Division of the State Architect (DSA) which oversees design
and construction for K-12 schools and community colleges, the Office
of Statewide Health and Planning and Development (OSHPD) which oversees
design and construction of hospital buildings and other healthcare
institutions, and the Los Angeles County Metropolitan Transportation
Authority (Metro) which oversees construction of transit facilities.
Although building construction is governed by the State or the County,
right-of-way dedications may apply as deemed necessary by the City
Engineer in accordance this Section.
(4)
A "major project" is defined to be a residential, commercial,
industrial or institutional development which meets certain applicable
development characteristics as set forth in Subsection (c)(1)(i).
(5)
"Newly constructed building" means a new structure that has never been used or occupied for any purpose or removal and replacement of an existing structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined in Section 9.25.030(A)(1) or (A)(2).
(6)
"Offsite improvements" or "improvements" means any construction
or reconstruction of certain infrastructure within a public right-of-way
or easement as set forth in this Section.
(7)
"Principal structure" means a building other than one which
is used for purposes wholly incidental or accessory to the use of
another building or use on the same premises.
(8)
"Right-of-way" means a strip of land over which a public road
and/or corridor are built for vehicular (motorized) and pedestrian/bikeway
(non-motorized) transportation as well as parking, utility and buffering
uses. A right-of-way may exist through the establishment of an easement
of the dedication of land for right-of-way purposes.
(9)
A "substandard alley" is an alley less than twenty feet in width.
(c)
Dedication and Easements.
(1)
Dedication. Dedication of Right-of-Way. Applicable
project types. Any residential, commercial, industrial, or institutional
development, that meets the following development characteristics:
(i)
New Development or Redevelopment of a Parcel. The
new development or redevelopment of parcel(s) that entails the construction
of "principal structure(s)" as a "newly constructed building" as defined
in Subsection (b); and
(ii)
Right-of-Way Abutment. The development
parcel(s) is abutting an existing public right-of-way alley that is
less than the standard right-of-way width set forth in this Section
or the parcel(s) is abutting existing public rights-of-way fronting
the development that is less than the standard right-of-way widths
set forth in the width standards specified on file and published with
the City Engineer's office and website.
(2)
Dedication Standard. Private parcels shall be required
to dedicate right-of-way in such a manner as to create an easement
for street and public utilities purposes and all other uses appurtenant
thereto, in, over, under, along, and across the portion of that lot
based upon the width standards specified on file and published with
the City Engineer's office and website. The right-of-way easement
area shall be dedicated and improved prior to the issuance of a building
permit and certificate of occupancy, respectively, for such proposed
new construction.
(3)
Width. Standard City Street right-of-way widths
establishes the various classifications for City public rights-of-way.
The standard widths for each City street are on file and published
with the City Engineer's office and website. Existing or new
alleys are required to be a standard of twenty feet in width. Substandard
alley locations are also on file with the City Engineer's office
and website. The right-of-way dedication on an individual lot shall
be one-half of the required standard width, measured from the centerline
of the street or alley.
(i)
Greater Widths. Greater widths may be required
as determined by the City Engineer to accommodate needed vehicular
and pedestrian paths of travel as a result of such proposed new construction
if the City Engineer determines that a dedication or improvement greater
than what is required by the standard widths for each City street
bears an essential nexus and rough proportionality to a project impact.
Additional dedication and improvements may also be imposed to ensure
compliance with the Americans with Disabilities Act (ADA).
(ii)
Reduced Widths. The required standard
width may be reduced at specific locations on specific streets due
to unusual conditions, as authorized by the City Engineer or his or
her designee.
(4)
Effect on Development Standards. Except as expressly
provided herein, all required development standards shall adhere to
the following requirements:
(i)
Project density, lot area, buildable area, parcel coverage,
or floor area ratio shall apply to the parcel area per Section 9.52.020.1590;
provided, however, that any required street or alley right-of-way
dedications pursuant to this Chapter shall not count as excluded street
or alley rights-of-way per Section 9.52.020.1590.
(ii)
Building setback requirements in relation to right-of-way dedications shall adhere to Section 9.04.130 for determining yard setback requirements and shall adhere to specified development standards for setbacks in each particular zoning district per Chapters 9.07 through 9.20. Pursuant to Section 9.04.130, setbacks required to be measured from parcel lines and not from the centerline of the street or alley must be measured from the right-of-way dedication required by this Chapter.
(iii)
Required yards, parking area, loading space,
and building locations for new structures or additions to buildings
or structures shall be measured and calculated from the new lot lines
being created by said dedication.
(iv)
All Other Provisions. Area of such
land shall be considered as that which existed immediately prior to
such street dedication.
(5)
Nonconformities. Nothing herein shall modify an owner's nonconforming rights under Chapter 9.27.
(6)
Dedication Instrument. Dedications shall be memorialized
by an easement agreement in a form approved by the City Attorney and
recorded by the City with the Office of the Los Angeles County Recorder.
(7)
Timing of Dedication. As required by this Section,
the recordation of the dedication with the office of the Los Angeles
County Recorder shall occur prior to issuance of a building permit.
(8)
Revocable Dedication/Easement. In the event that an applicable building permit is deemed expired per Section 8.08.070(c) by the Building Official, and an easement dedication has been recorded at the office of the Los Angeles County Recorder in accordance with this Section, the easement dedication shall be deemed null and void. Any application for new development or redevelopment after building permit expiration shall require the execution and recording of a new revocable easement agreement prior to issuance of a new building permit.
(d)
Off-Site Improvements.
(1)
Applicability. Prior to the issuance of occupancy
permits for any new or redeveloped residential, commercial, industrial,
or institutional developments, the development shall provide the following
off-site improvements ("improvements") as deemed necessary and applicable
by the City Engineer. All property owners shall make all required
improvements and repairs to abutting public rights-of-way. The improvements
and repairs shall extend along the width and/or depth of the property
and for a reasonable distance beyond the property as is necessary
to complete the improvement or repair. Existing improvements that
are damaged and that may have been damaged during construction of
the building shall also be repaired.
(2)
Required Improvements — All applicable project types. All applicable projects shall be required to provide some or all
of the following right-of-way improvements as are deemed necessary
and applicable by the City Engineer:
(i)
Sidewalk and Parkway. Construction or repair of
a sidewalk and parkway adjoining the site. The sidewalks shall be
parallel to the curb and travel lanes on the street. The sidewalk
shall have a minimum clear width as shown on file and published with
the City Engineer's office; however, the sidewalk shall be four
feet wide at a minimum. Partial relief from this requirement may only
be granted by the City Engineer or his or her designee. Curb ramps
shall also be reconstructed or repaired if non-compliant. Additionally,
as a minimum requirement, any parkway disturbed due to project improvements
must be removed and replaced to match existing. Any new parkway landscaping
required per project scope must be implemented per Subsection (d)(5),
Parkway Landscape Design, Installation and Maintenance, below.
(3)
Required Improvements — All Applicable Projects
Abutting Alley. In addition to the improvements required above,
projects that abut an alley right-of-way may require implementation
of the following alley improvements as deemed necessary and applicable
by the City Engineer.
(i)
Alley Paving. Construction, replacement, repair,
or extension of alley paving up to standard alley right-of-way width.
The alley shall be paved the length of the site. If vehicle access
is taken from the alley, the City Engineer may also require that the
alley be paved to a point where the alley intersects a paved public
right-of-way, which may also include alley approach improvements.
Curb returns and adjacent curb ramps shall be relocated and/or improved
as necessary to accommodate alley access and circulation.
(ii)
Alley Lighting. Construct or install
on-site alley lighting as deemed necessary and applicable by the City
Engineer.
(4)
Required Improvements — Major Projects. In
addition to the improvements required in Subsections (d)(2) and (3)
above, major projects shall provide the additional improvements required
by this Section as are deemed necessary and applicable by the City
Engineer.
(i)
Roadway Paving. Construction, replacement, repair,
or extension of roadway paving to standard street width as shown on
file and published with the City Engineer's office. Improvements
also include construction, replacement and repair of all roadway markings
affected by the roadway paving.
(ii)
Traffic Signals and Street Signs. Provide the Construction, replacement, repairs or modifications
to traffic signals and street signs attributable to the development.
(iii)
Streetlights. Install, remove, and
replace, upgrade or relocate streetlights per established City design
guidelines. This may include widening the right-of-way as necessary.
(iv)
Utility Improvements and Relocation. Install, upgrade, or relocate public and/or private utilities and
facilities as necessary and as applicable to the project.
(v)
Bicycle Trail/Lane/Route. Construction of bicycle
accessway as required by the "Bike Route System" and as specified
in the Bike Action Plan adopted by the City Council.
(5)
Parkway Landscape Design, Installation and Maintenance. Parkways are located within the public right-of-way confined by
the area between the outside edge of the sidewalk and inside edge
of curb. Parkway design, installation and maintenance of landscaping
shall be in accordance with Chapter 3.5 of the Urban Forest Master
Plan and other applicable code standards.
(6)
Standards. All improvements within public rights-of-way
shall be designed, installed, permitted, and inspected in conformance
with the specifications and guidelines on file with the office of
the City Engineer.
(i)
Engineer of Record. The owner or developer shall assure
the City that an engineer, registered in California, will be employed
to provide required engineering services for off-site improvements,
unless waived by the City Engineer. The responsibilities of the engineer
shall include, but not be limited to, the following:
(A)
Preparation of required engineering design reports and plans
for offsite improvements.
(B)
Certification of accuracy of vertical and horizontal alignments
and dimensioned in accordance with available survey and field data.
(C)
Delivery of reproducible "as-built" plans for off-site improvements
along with an electronic copy for City records.
(ii)
Permit for Work in Right-of-Way. A permit, approved
by the City Engineer or his or her designee, shall be required prior
to any construction as required by this Code within public rights-of-way.
Such permit shall be issued subject to the following requirements:
(A)
Review and acceptance of engineering design reports and plans
for off-site improvements unless plan requirements have been waived
by the City Engineer.
(B)
Payment of review and inspection fees for all off-site improvements
located within the public right-of-way, in accordance with a fee schedule
to be adopted by the City Council.
(C)
Construction and scheduling for the off-site improvements shall
be the responsibility of the developer or owner and the engineer of
record. All construction shall conform to City standards.
(iii)
Acceptance of Off-Site Improvements. Reproducible
"as-built" plans and the engineer of record certificate shall be accepted
by the City Engineer prior to the final inspection of off-site improvements
and prior to their acceptance. Acceptance of off-site improvements
will be executed by the City Engineer or his or her designee when
the requirements of these regulations have been fulfilled and ownership
of the facilities is offered to the City.
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Summary of Dedication and Off-Site Improvement Requirements
for All Development Projects
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|---|---|---|---|---|---|
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Right-of-Way Dedication
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Off-Site Improvements
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Project Type
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Dedication (alleys)
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Dedication (streets and highways)
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Sidewalk, Parkways, Curb and Gutter, Street Trees
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Alley Paving, Alley Lighting (as required), Utilities Relocation
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Roadway Paving, Traffic Signals, and Street Signs, Street Lights,
and Utilities Relocation
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|
Major Projects
|
X
|
X
|
X
|
X
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X
|
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All Other Projects
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X
|
X (as needed)
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(e)
Relief from Standard Requirements. Full or partial
relief from the standard requirements prescribed by this Chapter may
be granted by the City Engineer or his or her designee, provided that
the only finding required to grant relief is that the dedication and/or
improvement is not necessary for a public purpose generated at least
in part by the development, the dedication and/or improvement is physically
impractical, is in conflict with State or Federal laws, or that the
cost of the dedication and/or improvement is proportionally excessive
when compared to the impacts caused by the project.
(Prior code § 7164; added
by Ord. No. 1085CCS, adopted 3/14/78; amended by Ord. No. 2768CCS, adopted 11/14/2023)
Where development on a lot generates additional drainage runoff
than that previously existing, or where such development may affect
the flow of water in natural drainage courses, or within streets or
other public rights-of-way, or when due to the application of these
improvement requirements, the City Engineer may require reasonable
drainage improvements within the lot or right-of-way to accommodate
the potential effect of such water flow, which requirements shall
conform with Section 8.84.020 (drainage regulations) of the Repair
and Maintenance Code. Improvement beyond the subject lot and/or other
drainage improvements with the improvements required herein.
(Prior code § 7165; added
by Ord. No. 1085CCS, adopted 3/14/78; amended by Ord. No. 1945CCS § 27,
adopted 6/8/99)
(a)
Utility Direct Service Requirements. All electrical, telephone,
cable television system, and similar service wires and cables, which
provide direct service to buildings and structures shall be installed
underground in compliance with all applicable building and electrical
codes, safety regulations, and orders and rules of the Public Utilities
Commission of the State of California, and specifications or standards
of the Environmental and Public Works Management Department for the
following types of improvements:
(1)
Any new building or structure served by utilities.
(2)
Any existing building or structure served by utilities when such
building or structure is repaired, remodeled, altered or expanded,
except where the valuation of such repairs or remodeling or expansion
does not exceed fifty percent of the replacement cost of the building
or structure pursuant to Section 8.84.040 of this Code, or its successor
provisions.
(b)
Premises Wiring. Wiring between any accessory buildings and the main building shall be in an underground system unless otherwise approved by the Building Officer pursuant to Section 8.08.030.
(c)
Responsibility for Compliance. The contractor and owner shall
be jointly and severally responsible for complying with the requirements
of this Section and shall make the necessary arrangements with the
companies servicing the structure for the installation of such facilities.
(d)
Waiver of Underground Requirements. The City Engineer may
grant a waiver of some or all of the requirements of this Section
if one of the following conditions exist:
(1)
Topographical, soil, or any other conditions make underground installations
unreasonable or impractical;
(2)
If a building or structure is served from the rear by utilities not
located in the public right-of-way.
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When a waiver is granted, the property owner shall install all
conduit, wires, pull boxes, electrical panel, and other appurtenances
that may be required for future underground utility services from
the building or structure to an approved location on the property
line of the parcel. The property may continue to be served by overhead
wires until said future underground utility conversion occurs.
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(e)
Right to Judicial Review. Any person directly aggrieved by
the administrative decision of the City Engineer may obtain review
of the administrative decision by filing a petition for review with
the Los Angeles County Superior Court.
(Prior code § 7166; added
by Ord. No. 1085CCS, adopted 3/14/78; amended by Ord. No. 2057CCS § 4,
adopted 10/22/02)
Where necessary due to development on private property or due
to the application of these improvement requirements, the City Engineer
may require the installation of, the relocation of, the repair of,
the replacement of, or the improvement to existing public improvements
and facilities, as may reasonably be affected by the proposed development.
Said relocation, repair, replacement, installation or improvement
may include, but shall not be limited to, streets, curbs, curb radii,
gutters, street trees, sidewalks, drainage and sewage facilities,
street lights, street signs, public utility lines and poles, traffic
signals and fire hydrants.
(Prior code § 7167; added
by Ord. No. 1085CCS, adopted 3/14/78)
Whenever the occupants of sixty percent of the residential units
in any area petition the City Council to institute proceedings for
residential street lighting improvement, the City Council shall institute
proceedings under the Improvement Act of 1911 to provide residential
street lighting to such area. The petition shall be on the form approved
by the Director of General Services.
(Prior code § 7170; added
by Ord. No. 1320CCS, adopted 12/4/84)
Pursuant to Street and Highways Code Section 5396, all payments
made upon any assessment and warrant within thirty days of the recordation
thereof under the Improvement Act of 1911 shall be made to the Superintendents
of Streets, who shall mail a statement to each owner of real property
within the assessment district whose name appears on the last equalized
assessment roll, at the address appearing on said roll or on file
in the office of the Clerk, or to both such addresses, if they are
not the same. The statement shall contain a designation of the property
assessed by street number, or some other description sufficient to
enable the property owner to identify the property, statement of the
amount of the assessment, and the time and place of payment, the effect
of failure to pay within such time and that, if bonds are to be issued,
a statement of that fact, designating the provisions of law pursuant
to which such bonds are to be issued.
(Prior code § 7171; added
by Ord. No. 1320CCS, adopted 12/4/84)
(a)
Applicability. Except as provided in Section (g),
below, an applicant for new development in the City shall conduct
a Wastewater Capacity Study to determine whether and to what extent
additional local off-site wastewater infrastructure improvements are
necessary to serve the development.
(b)
Definitions.
(1)
New Development. For the purposes of implementing this Section, "new development" means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, "new development" includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025;
(2)
"Adverse impact" means the inability to provide adequate wastewater
collection service due to the size of the existing infrastructure
compared with the demand for wastewater service required to serve
existing and/or new development.
(3)
"Wastewater Capacity Study" means a hydraulic analysis of the
City's wastewater collection system to determine if the existing
infrastructure could maintain reliable service to the new development
or if off-site improvements are required to serve the new development.
(c)
Timing for Submittal of Study.
(1)
The need to conduct a Wastewater Capacity Study for the new
development shall be confirmed before the planning application, including,
but not limited to, Administrative Approval application or application
for Development Review Permit, is deemed complete by the City. The
Wastewater Capacity Study, if required, shall be completed based upon
the guidelines published by the City's Water Resources Manager
and posted on the Water Resources Division website.
(2)
If a Wastewater Capacity Study is required for the new development,
the capacity study, findings of the capacity study, and the plans
for any local off-site improvements required to serve the new development
shall be completed before building plans are submitted for Building
Permit Plan Check.
(d)
Requirements for Off-Site Improvements. If the
City's Water Resources Manager or designee determines, based
upon the Wastewater Capacity Study results, that additional off-site
infrastructure is required to satisfy the additional demand created
by the new development, then the applicant for the new development
shall be required to construct off-site infrastructure as necessary
to accommodate the new development. Required off-site improvements
shall be confirmed at the time of Building Permit Plan Check.
(e)
The applicant for the new development shall be responsible for
paying all administrative fees (e.g., Sewer Study Review Fee) incurred
by the City to review the Wastewater Capacity Study.
(f)
The Water Resources Manager may refuse water service in areas
where the new development will cause or contribute to creation of
an adverse impact on the City's wastewater collection infrastructure.
(g)
Exemptions.
(1)
The City's Director of Public Works may exempt an applicant
or new development from the requirements of this Section, upon showing
by the applicant that the requirements of this Section would cause
undue hardship.
(2)
For purposes herein, an "undue hardship" shall be found where
imposition of the water capacity study and local off-site improvement
requirements would deprive the applicant or new development of all
economically beneficial use of that site or otherwise be prohibited
by applicable State or Federal law.
(3)
An undue hardship application shall include all information
necessary for the Director to make a finding of undue hardship, including,
but not limited to, documentation showing the factual support for
the claimed undue hardship.
(4)
The Director may approve the undue hardship exemption application,
in whole or in part, with or without conditions.
(5)
Any exemption granted by the Director is effective immediately.
(Added by Ord. No. 2766CCS, 11/14/23)
