Agenda packet — Rolling Hills City Council, December 13, 2022 (part 2 of 3)

Chapter 17.28 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS

17.28.010 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

17.28.020 Effect of conforming.

An ADU or JADU that conforms to the standards in this section will not be:

A. Deemed to be inconsistent with the City's General Plan and Zoning designation for the lot on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section

17.28.030(G) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

17.28.030 Definitions.

As used in this section, terms are defined as follows:

A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

D. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.
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2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. It is no more than five hundred square feet in size.

2. It is contained entirely within an existing or proposed single-family dwelling.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family dwelling.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily dwelling in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined in subsection (D) above.

F. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

G. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

H. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

I. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

J. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

K. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.28.040 Approvals.

The following approvals apply to ADUs and JADUs under this section:

A. Building-permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.28.050 below, it is allowed with only a building permit in the following scenarios:

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(a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and (b) Has exterior access that is independent of that for the single-family dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

2. Limited Detached on Single-family Lot: One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) above), if the detached ADU satisfies each of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. (b) The total floor area is eight hundred square feet or smaller. (c) The peak height above grade does not exceed the applicable height limit provided in section 17.28.050(B).

3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(b) The peak height above grade does not exceed the applicable height limit provided in section 17.28.050(B).

B. ADU Permit.

1. Except as allowed under subsection (A) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Section 17.28.050 and Section 17.28.060.

2. The City may charge an application fee, adopted by resolution of the City Council, to reimburse it for costs incurred in processing ADU permits. 170
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C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2. The City must approve or deny an application to create an ADU or JADU within sixty days from the date that the City receives a completed application. If the City has not approved or denied the completed application within sixty days, the application is deemed approved unless either:
(a) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or (b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty day time period established by subsection (C.2) above.

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

17.28.050 General ADU and JADU requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section

17.28.040(A) or (B):

A. Zoning.

1. An ADU or JADU subject only to a building permit under Section

17.28.040(A) may be created on a lot in a residential or mixed-use zone.

2. An ADU or JADU subject to an ADU permit under Section 17.28.040(B) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

B. Height.

1. Except as otherwise provided by subsections (B.2) and (B.3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed sixteen feet in height.

2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is 171
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located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

4. An ADU that is attached to the primary dwelling may not exceed twenty five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

5. For purposes of this subsection (B), height is measured above existing legal grade to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. Owner Occupancy.

1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

2. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

3. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owneroccupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
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G. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

H. Building and Safety.

1. Must comply with building code. Subject to subsection (H)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2. No change in occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
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17.28.060 Specific ADU requirements.

The following requirements apply only to ADUs that require an ADU permit under Section

17.28.040(B).

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this Section

17.28.060 is eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling, subject to subsection (A)(3) below.

3. Application of other development standards in this Section 17.28.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percentage-based size limit in subsection (A)(2) above, or of an FAR, lot coverage limit or open-space requirement may require the ADU to be smaller than eight hundred square feet.

B. Floor Area Ratio (FAR). No ADU subject to this Section 17.28.060 may cause the total FAR of the lot to exceed forty-five percent, subject to Section 17.28.060(A)(3) above.

C. Setbacks.

1. Front Yard.
(a) Subject to subsection (C)(1)(b) below, no part of any ADU subject to this Section 17.28.060 may be located within thirty feet of the front property line.
(b) If the front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into the required front yard setback as necessary to enable the construction of an eight hundred square foot unit.

2. No part of any ADU subject to this Section 17.28.060 may be located within four feet of a side or rear property line.

D. Lot Coverage. No ADU subject to this Section 17.28.060 may cause the total lot coverage of the lot to exceed fifty percent, subject to Section 17.28.060(A)(3) above.

E. Minimum Open Space. No ADU subject to this Section 17.28.060 may cause the total percentage of open space of the lot to fall below fifty percent, subject to subsection Section 17.28.060(A)(3) above.

F. Passageway. No passageway, as defined by Section 17.28.030(H) above, is required for an ADU.

G. Parking.
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1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.28.030(K) above.

2. Exceptions. No parking under Section 17.28.060(G.1) is required in the following situations:
(a) The ADU is located within one-half mile walking distance of public transit, as defined in subsection Section 17.28.030(J) above. (b) The ADU is located within an architecturally and historically significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an accessory structure under Section 17.28.040(A)(1) above. (d) When on-street parking permits are required but not offered to the occupant of the ADU.
(e) When there is an established car share vehicle stop located within one block of the ADU.
(f) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria in subsections (G.2(a) through (G.2(e) above.

3. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

H. Architectural Requirements.

1. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

6. Fencing, landscaping or privacy glass may be used to provide screening and prevent a direct line of sight to contiguous residential property.

7. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the California Register of Historic 175
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Resources must comply with all applicable ministerial requirements imposed by the Secretary of Interior.

I. Landscape Requirements.

1. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(a) At least one, fifteen-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one, twenty-four-inch box size plant shall be provided for every ten linear feet of exterior wall.
(b) Plant specimens for screening must be at least eight feet tall when installed. As an alternative, a solid fence of at least eight feet in height may be installed.

2. All landscaping must be drought-tolerant.

3. All landscaping must be from the City's approved plant list.

J. Historical Protections. An ADU that is subject to this Section 17.28.060 and that is on or within six hundred feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public rightof-way.

17.28.070 Fees.

The following requirements apply to all ADUs and JADUs that are approved under Section

17.28.040(A) or Section 17.28.040(B).

A. Impact Fees.

1. No impact fee is required for an ADU that is less than seven hundred fifty square feet in size. For purposes of this Section 17.28.070, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is seven hundred fifty square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
B. Utility Fees.

1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection 17.28.070(B)(1), converted ADUs on a single-family lot that are created under Section 17.28.040(A)(1) above are 176
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not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in Section 17.28.070(B)(1), all ADUs not covered by Section 17.28.070(B)(2) above require a new, separate utility connection directly between the ADU and the utility.
(a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

17.28.080 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

A. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs constructed before 2018.

1. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(a) The ADU violates applicable building standards; or
(b) The ADU does not comply with state ADU law (Government Code Section 65852.2) or this ADU ordinance (Chapter 17.28).

2. Exceptions.
(a) Notwithstanding subsection (B.1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(b) Subsection (B.1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

17.28.090 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Section 17.28.010 through Section 17.28.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. 177
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Chapter 17.28 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS

17.28.010 Purpose.

17.28.020 Effect of conforming.

An ADU or JADU that conforms to the standards in this section will not be:

A. Deemed to be inconsistent with the City's General Plan and Zoning designation for the lot on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in Section

17.28.030(G) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

17.28.030 Definitions.

As used in this section, terms are defined as follows:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

D. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.
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2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1. IsIt is no more than five hundred square feet in size,.

2. IsIt is contained entirely within an existing or proposed single-family dwelling,. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family dwelling.

3. IncludesIt includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling, and.

5. 4. IncludesIt includes an efficiency kitchen, as defined in subsection (D) above.

F. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

G. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

H. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

I. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.28.040 Approvals.

The following approvals apply to ADUs and JADUs under this section:

A. Building-permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.28.050 below, it is allowed with only a building permit in the following scenarios:
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1. Converted on Single-family Lot: One ADU as described in this subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(a) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and (b) Has exterior access that is independent of that for the single-family dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

2. Limited Detached on Single-family Lot: One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) above), if the detached ADU satisfies each of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. (b) The total floor area is eight hundred square feet or smaller. (c) The peak height above grade is sixteen feet or lessdoes not exceed the applicable height limit provided in section 17.28.050(B).

4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(b) The peak height above grade is sixteen feet or lessdoes not exceed the applicable height limit provided in section 17.28.050(B). 180
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B. ADU Permit.

2. The City may charge an application fee, adopted by resolution of the City Council, to reimburse it for costs incurred in processing ADU permits.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2. The City must act onapprove or deny an application to create an ADU or JADU within sixty days from the date that the City receives a completed application. If the City doeshas not act uponapproved or denied the completed application within sixty days, the application is deemed approved unless either:
(a) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or (b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

17.28.050 General ADU and JADU requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section 17.28.040(A) or (B):

A. Zoning.
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1. An ADU or JADU subject only to a building permit under Section

17.28.040(A) may be created on a lot in a residential or mixed-use zone.

2. An ADU or JADU subject to an ADU permit under Section 17.28.040(B) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

B. Height.

2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.

5. For purposes of this subsection (B), height is measured above existing legal grade to the peak of the structure.

B. C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

C. D. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

E. D. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

F. E. Owner Occupancy.
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1. All ADUs permitted before January 1, 2020, are subject to the owner-occupancy requirement that was in place when the ADU was created.

1. 2. An ADU that is permitted after that dateJanuary 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.

2. 3. AllUnless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

3. 4. AllAs required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

G. F. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

1. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this sectionchapter.

3. The deed restriction runs with the land and may be enforced against future property owners.

5. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the 183
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deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

H. G. Building and Safety. All

1. Must comply with building code. Subject to subsection (H)(2) below, all ADUs and JADUs must comply with all local building code requirements.

17.28.060 Specific ADU requirements.

The following requirements apply only to ADUs that require an ADU permit under Section

17.28.040(B).

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this Section

17.28.060 is eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with two or more bedrooms.

B. Floor Area Ratio (FAR). No ADU subject to this Section 17.28.060 may cause the total FAR of the lot to exceed forty-five percent, subject to Section 17.28.060(A)(3) above.

C. Setbacks.

1. Front Yard.
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(a) Subject to subsection (C)(1)(b) below, no part of any ADU subject to this Section 17.28.060 may be located within thirty feet of the front property line.
(b) If the front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into the required front yard setback as necessary to enable the construction of an eight hundred square foot unit that is no greater than sixteen feet in height.

2. No part of any ADU subject to this Section 17.28.060 may be located within four feet of a side or rear property line.

D. Lot Coverage. No ADU subject to this Section 17.28.060 may cause the total lot coverage of the lot to exceed fifty percent, subject to Section 17.28.060(A)(3) above.

F. Height. No ADU subject to this Section 17.28.060 may exceed sixteen feet in height above grade, measured to the peak of the structure.

F. G. Passageway. No passageway, as defined by Section 17.28.030(H) above, is required for an ADU.

G. H. Parking.

1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 17.28.030(K) above.

2. Exceptions. No parking under Section 17.28.060(H)(1G.1) is required in the following situations:
(a) The ADU is located within one-half mile walking distance of public transit, as defined in subsection Section 17.28.030(J) above. (b) The ADU is located within an architecturally and historically significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an accessory structure under Section 17.28.040(A)(1) above. (d) When on-street parking permits are required but not offered to the occupant of the ADU.
(e) When there is an established car share vehicle stop located within one block of the ADU.
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(f) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria in subsections (G.2(a) through (G.2(e) above.

H. I. Architectural Requirements.

1. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.

2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

6. Fencing, landscaping or privacy glass may be used to provide screening and prevent a direct line of sight to contiguous residential property.

7. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the California Register of Historic Resources must comply with all applicable ministerial requirements imposed by the Secretary of Interior.

I. J. Landscape Requirements.

2. All landscaping must be drought-tolerant.
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3. All landscaping must be from the City's approved plant list.

K. J. Historical Protections. An ADU that is subject to this Section 17.28.060 and that is on or within six hundred feet of real property that is listed in the California Register of Historic Resources is subject to all the objective standards imposed by the Secretary of Interior. must be located so as to not be visible from any public rightof-way.

17.28.070 Fees.

The following requirements apply to all ADUs and JADUs that are approved under Section 17.28.040(A) or Section 17.28.040(B).

A. Impact Fees.

2. Except as described in subsection 17.28.070(B)(1), converted ADUs on a single-family lot that are created under Section 17.28.040(A)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in Section 17.28.070(B)(1), all ADUs not covered by Section 17.28.070(B)(2) above require a new, separate utility connection directly between the ADU and the utility.
(a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) 187
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values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

17.28.080 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

B. Unpermitted ADUs constructed before 2018.

17.28.08017.28.090 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Section 17.28.010 through Section 17.28.07017.28.080 of this chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.
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Agenda Item No.: 11.A
Mtg. Date: 12/13/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: ADOPT RESOLUTION NO. 1320, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF ROLLING HILLS APPOINTING PATRICK DONEGAN AS CITY ATTORNEY; AND AUTHORIZE THE CITY

MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO

IMPLEMENT THE APPOINTMENT
DATE: December 13, 2022
BACKGROUND:

The City Attorney is appointed by the City Council and provides legal advice to the City. The City contracts with the law firm Best Best & Krieger, LLP (BB&K) to provide legal services.

DISCUSSION:

Long time City Attorney from BB&K, Mike Jenkins is retiring and recommended the appointment of Patrick Donegan, also from BB&K as the City Attorney. Mr. Donegan has been practicing municipal law for almost a decade, and worked with Mr. Jenkins for the last six years. Since August 2022, Mr. Donegan has been serving as the Deputy City Attorney.

FISCAL IMPACT:

None
RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

ResolutionNo1320_CityAttorneyAppointmnt_PatrickDonegan.pdf CA_AGR_221213_BBK_Amendment.pdf
204
RESOLUTION NO. 1320

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ROLLING HILLS, APPOINTING PATRICK

DONEGAN AS CITY ATTORNEY

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA,

RESOLVES AS FOLLOWS
SECTION 1. The City Council finds as follows:

A. Michael Jenkins was appointed as the City Attorney by the City Council in 1982.

B. In 2018, Mike’s then law firm Jenkins & Hogin, LLP merged with Best Best & Krieger, LLP (“BB&K”), and with the City’s consent, BB&K began providing City Attorney services to the City.

C. In his role as City Attorney, Michael Jenkins has continuously served the City well with professionalism, skill, and loyalty, and as Mr. Jenkins looks to retire and maintain an emeritus role with BB&K, the City Council desires to continue utilizing the legal services of BB&K and appoint Patrick Donegan of BB&K as City Attorney in his stead.

SECTION 2. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 3. Patrick Donegan is hereby appointed City Attorney for the City of Rolling Hills.

SECTION 4. That all previous Resolutions appointing the City Attorney are hereby repealed.

SECTION 5. This Resolution shall take effect immediately upon its passage.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. .
205
PASSED, APPROVED, AND ADOPTED this 13th day of December, 2022 ______________________________
JAMES BLACK, M.D.

MAYOR
ATTEST:
___________________________

CHRISTIAN HORVATH

CITY CLERK
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65270.00001\40883954.1

AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This Amendment to Agreement for Legal Services (“Amendment”) is entered into by and between the City Rolling Hills, a municipal corporation (“Rolling Hills”) and the law firm of Best Best & Krieger, LLP (“BBK”) as of December 13, 2022.

RECITALS
A. Rolling Hills and Jenkins & Hogin LLP (“J&H”) entered into an Agreement for Legal Services (“Agreement”) as of March 1, 2001, by the terms of which J&H was engaged as an independent contractor to perform city attorney services and Michael Jenkins was designated as the City Attorney.

B. The Agreement was assigned to the law firm of Best Best & Krieger as of April 1, 2018.

C. The City Council appointed Patrick T. Donegan as City Attorney to succeed Michael Jenkins in closed session at its adjourned regular meeting of November 29, 2022 and authorized the City Manager to execute a corresponding amendment to the Agreement designating Patrick T. Donegan as City Attorney.

NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows:

1. Section 2 of the Agreement entitled “Designation of City Attorney” is amended in its entirety to read as follows:
“Patrick T. Donegan is designated as City Attorney for the City. The City Council may change the designation of City Attorney at any time without amendment to this Agreement. The parties understand and agree that BBK may, from time to time, utilize other attorneys within the firm to assist the designated City Attorney in the performance of this Agreement.” Except as above modified, in all other respects the Agreement, as previously amended, is hereby reaffirmed in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement for Legal Services to be executed as of the day and year first above written. 207
65270.00001\40883954.1

BEST BEST & KRIEGER, LLP

CITY OF ROLLING HILLS
By

ELAINE JENG

CITY MANAGER
ATTEST:

CHRISTIAN HORVATH

CITY CLERK
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Agenda Item No.: 11.B
Mtg. Date: 12/13/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 382 AND ADOPTION OF URGENCY ORDINANCE NO. 382-U AMENDING TITLE
15 (BUILDINGS AND CONSTRUCTION) OF THE ROLLING HILLS

MUNICIPAL CODE AND DETERMINING THE ORDINANCE EXEMPT

FROM CEQA
DATE: December 13, 2022
BACKGROUND:

Every three years, the California Building Standards Commission, together with other state agencies (e.g., the Department of Housing and Community Development), updates the State’s building standards by adopting a new edition of the California Building Standards Code (“CBSC”). The CBSC consists of multiple building codes codified in Title 24 of the California Code of Regulations (these include the state building code, residential code, electrical code, plumbing code, mechanical code, fire code, energy code, and green building code). Effective January 1, 2023, these building standards apply to all building occupancies throughout the state, whether or not they are adopted by a local jurisdiction. Cities and counties, however, will typically pass ordinances adopting the CBSC by reference for the purpose of amending the state standards in accordance with local conditions and to adopt administrative provisions (e.g., fees, remedies for code violations, etc.).

Local amendments must be specific to each edition of the CBSC. State law also provides that cities and counties may adopt amendments to the state building standards only if the local governing body (i.e., the City Council) finds that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions, and if the local amendments are at least as restrictive as the state standards. (Administrative provisions that do not establish building standards may be enacted without necessity findings.) Traditionally, the City of Rolling Hills has adopted the CBSC as adopted and amended by Los Angeles County. On November 15, 2022, the County Board of Supervisors adopted the new codes with local amendments, effective January 1, 2023. Attached to this report are Ordinance Nos. 382 and 382-U (Attachments 1 and 2) and redlined versions of each 209
ordinance (Attachments 3 and 4), respectively, which incorporate the changes. A letter from the County of Los Angeles Department of Public Works summarizing the changes adopted by the County (Attachment 5).

DISCUSSION:

Ordinance No. 382 and Ordinance No. 382-U largely function to adopt the current editions of the codes, readopt previously adopted City amendments that continue to apply to local building conditions, and delete or otherwise clean up those provisions of Rolling Hills Municipal Code (RHMC) Title 15 that are obsolete or duplicative of the State and County codes.

Under State law, only those building standards that are effective at the local level at the time an application for a building permit is submitted apply to the plans and the construction performed under that building permit. This means that until the City adopts its local amendments ordinance, as of January 1, 2023, only the default building standards in the 2022 Edition of the CBSC would apply to applications for a building permit in Rolling Hills. The County’s regional amendments, which the City has previously adopted, and the City’s own amendments specific to local conditions—previously adopted and codified in Title 15 of the RHMC—would no longer be enforceable in the City until the City’s ordinance for the 2023 adoption cycle takes effect.

For this reason (and because the County’s regional ordinance is typically made available late in any given adoption year), the City has often adopted its local amendments by means of an urgency ordinance. Urgency ordinances take effect immediately upon passage by a fourthfifths (4/5) vote of the City Council, given a declaration of facts constituting the urgency. As the City’s local modifications are necessitated by the area’s topographic, geologic and climatic conditions, allowing structures to be built absent the requirements of these tailored building standards presents a risk to the public health, safety and welfare. (Specifically, the City is located in a Very High Fire Hazard Severity Zone characterized by hot, dry summers and heavy winter rains which result in expansive soil conditions. The area’s topography is also marked by geological instability, all of which conditions are addressed through the regional and local amendments to the CBSC.)
The City Council adopted Urgency Ordinance No. 373-U on December 14, 2021, and Ordinance No. 373 on January 10, 2022, regarding the Fire Code. The proposed Ordinance Amendment further amends Rolling Hills Municipal Code (RHMC) Chapter 15.20 (Fire Code) to reflect that the statewide Fire Code will take effect. When the Los Angeles County Board of Supervisors amends its version of Title 32, Fire Code, a new ordinance will be needed to amend RHMC Chapter 15.20. The City cannot reference or amend a Code that is not yet in existence. The proposed Ordinance deletes the provisions of Section 15.20.040 (Local amendments), which relate to the LA County Fire Code.

If the Council decides to adopt the ordinance as an urgency measure, it should also proceed to introduce on first reading the version of the ordinance in Attachment 1, as is the City’s custom when taking legislative action.
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Environmental Review
This ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change to the environment. Most of the terms of the building standards in the proposed Ordinance are dictated by the California Buildings Standards Code and county amendments to the state standards only make those modifications necessary for local regional conditions which are at least as protective of the environment as the state codes. City-specific amendments are limited to creating administrative processes for local enforcement of the state building standards. Alternatively, even if the ordinance is a project within the meaning of CEQA, its adoption is exempt from CEQA under the general rule that CEQA only applies to projects that may cause significant adverse effects on the environment. Pursuant to CEQA Guideline section 15061(b)(3), as this ordinance is largely administrative in nature, there is no possibility that the City’s action would adversely affect the environment in any manner that could be significant.

FISCAL IMPACT:

Building plan check and permit fees are paid to compensate the City for expenditures associated with these activities. As the changes in the Codes are minor, the fees collected will continue to match the expenditures, and there will be no net fiscal impact to the City.

RECOMMENDATION:

Open the public hearing, receive public testimony, close the public hearing, and make the following actions:

Find that the adoption of the ordinances is not a project subject to CEQA review because it has no potential for resulting in physical change to the environment; Introduce for first reading by title only Ordinance No. 382 regarding building and construction; and
Adopt Ordinance No. 382-U regarding building and construction.

ATTACHMENTS:

ATTACHMENT 1 - CL_ORD_382_BuildingCodeOrdinance_D.pdf
ATTACHMENT 2 - CL_ORD_382-U_BuildingCodeUrgencyOrdinance_D.pdf ATTACHMENT 3 - CL_ORD_382_BuildingCodeOrdinance_REDLINE_D.pdf ATTACHMENT 4 - CL_ORD_382-U_BuildingCodeUrgencyOrdinance_REDLINE_D.pdf ATTACHMENT 5 - PL_ZOA_221024_Letter_LACounty.pdf
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Page 1 of 27 ends

ORDINANCE NO. 382

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; TITLE 28 OF THE LOS

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA PLUMBING CODE, 2022 EDITION; TITLE 29 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; TITLE 30 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; TITLE 31 OF THE LOS

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA GREEN
BUILDING STANDARDS CODE, 2022 EDITION; TITLE 33 OF THE LOS

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; MAKING AMENDMENTS TO SAID CODES;

AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS:

Section 1. Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows:
“Title 15 – BUILDINGS AND CONSTRUCTION
Chapter 15.04 BUILDING CODE
Sections

15.04.010 Adoption of Building Code.

Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California Building Code, 2022 Edition (Part 2 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Building Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Building Code, 2022 Edition, Title 26 of the Los Angeles County Code, or any amendment to the Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of 212

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Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.04.020 Short title.

This chapter shall be known as the "Building Code of the City of Rolling Hills" and will be referred to herein as "this code."

15.04.030 Section 105 amended.

Section 105 of the Building Code is amended to add a new subsection 105.7 to read:
105.7 Review Hearing. The City Council of the City of Rolling Hills may conduct a public hearing to review any decision or order of the Board of Appeals, the Code Enforcement Appeals Board, or the Building Rehabilitation Appeals Board upon an affirmative vote of three members of the City Council within thirty (30) calendar days of the decision or order. The City Council may, upon conclusion of the public hearing, sustain or reverse in whole or in part any said action or order. Notice of the City Council public hearing shall be given by the City Clerk not less than ten (10) days prior to the hearing by first class mail to all property owners within 1,000 feet of the exterior boundaries of the subject property and all owners of record of the subject property at the time of mailing said notice.

15.04.040 Definitions.

Whenever any of the following names or terms are used in the California Building Code or the County of Los Angeles Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section, as follows:
"Board of Appeals" means the Board of Appeals established by Section 105 of said Los Angeles County Building Code.
"Building department" means the entities charged by resolution of the City Council with the responsibility of administering the building code for the City. "Building official" means the persons charged by resolution of the City Council with the responsibility of administering the building code for the City. "City" means the City of Rolling Hills.
"City Engineer" means the persons charged by resolution of the City Council with the responsibility of performing the functions of city engineer for the City. "County," "County of Los Angeles" or "unincorporated territory of the County of Los Angeles" means the City of Rolling Hills.
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"Electrical Code" means Chapter 15.16 of this code.
"Existing Building Code" means Chapter 15.24 of this code. "Fire Code" means Chapter 15.20 of this code.
"Fire zone" means the fire zone adopted by an ordinance creating and establishing fire zones or where no such fire zones have been adopted by the City of Rolling Hills, shall mean very high fire hazard severity zone (VHFHSZ). "General fund" means the City Treasury of the City of Rolling Hills. "Green Building Standards Code" means Chapter 15.22 of this code. "Health Code" or "Los Angeles County Health Code" means Chapter 8.04 of this code.
"Health Officer" means the Health Officer of the City of Rolling Hills. "Mechanical Code" means Chapter 15.12 of this code.
"Plumbing Code" means Chapter 15.08 of this code.
"Residential Code" means Chapter 15.18 of this code.

15.04.050 Fees.

Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by increasing the amount of each and every fee set forth in the Building Code, to a sum set by resolution of the City Council, including a park and recreation fee.

15.04.060 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a basement, is amended to read as follows:

BASEMENT is any floor level below the first story of the primary residence, including an attached garage. Except for walls within light wells, basement walls across any elevation may not exceed a height of five (5) feet above finished grade at any point immediately adjacent to the basement exterior, and shall have no greater than an average of two and one-half (2½) feet exterior height. Basement well(s) shall be incorporated into the overall design of the building so that it does not give an appearance of a separate story.
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15.04.070 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a story, is amended to read as follows:

STORY is that portion of a building included between the upper surface of any floor and the ceiling or roof above it. There shall be no story on top of another, except as permitted in Section 17.16.080 of the Zoning Ordinance.

15.04.080 Amending Appendix J Grading, Section J103 PERMITS REQUIRED.

Section J103.2, Exemption 8, is amended to read as follows:

8. An excavation that does not exceed 50 cubic yards and complies with one of the following conditions and as shown in Figure J103.2:
(a) Is less than 2 feet (0.6 m) in depth.
(b) Does not create a cut slope greater than 5 feet (1.5 m) measured vertically upward from the cut surface to the surface of the natural grade and is not steeper than 2 units horizontal to 1 unit vertical (50 percent slope).

Section J103.2, Exemption 9, is amended to read as follows:

9. A fill not intended to support a structure that does not obstruct a drainage course and complies with one of the following conditions and as shown in Figure J103.2:
(a) Is less than 1 foot (0.3 m) in depth and is placed on natural terrain with a slope flatter than 5 units horizontal to 1 unit vertical (20 percent slope). (b) Is less than 3 feet (0.9 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 50 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).
(c) Is less than 5 feet (1.5 m) in depth at its deepest point measured vertically upward from natural grade to the surface of the fill, does not exceed 20 cubic yards, and creates a fill slope no steeper than 2 units horizontal to 1 unit vertical (50 percent slope).

Section J103.6 Compliance with Zoning Code is amended to read as follows:

The Building Official may refuse to issue a grading permit for work on a site if either the proposed grading or the proposed land use for the site shown on the grading plan application does not comply with the provisions of Title 17 of the Rolling Hills Municipal Code (Zoning).
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15.04.090 Amending Section J106.1 Maximum cut slopes.

The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no more than one unit vertical to two units horizontal (50 percent slope), unless the owner, or the owner's authorized agent, receives a variance for a steeper slope from the Planning Commission of the City of Rolling Hills and furnishes a geotechnical or an engineering geology report, or both, justifying a steeper slope. The reports must contain a statement by the Geotechnical Engineer or Engineering Geologist that the site was investigated and an opinion that a steeper slope will be stable and will not create a hazard to public or private property, in conformance with the requirements of Section 111.

Notwithstanding the provisions of this section, the Building Official may require the slope of cut surfaces to be less than 50 percent, if the Building Official finds it necessary for the stability and safety of the slope.

Exceptions:

The slope of a cut surface may be permitted to be as steep as 1.5 units horizontal to one unit vertical (67 percent) only if all of the following conditions are met:

1. It is not intended to support structures or surcharges.

2. It is approved by the Planning Commission of the City of Rolling Hills.

3. It is adequately protected against erosion.

4. It is no more than 8 feet (2438 mm) in height.

5. It is approved by the Building Official.

6. Ground water is not encountered.

15.04.100 Section J106.2 added.

Section J106 is amended to add subsection J106.2 to read as follows:

Section J106.2 DRIVEWAYS. Driveways which provide access from any lot or parcel of land to any of the private roads in the City of Rolling Hills which are maintained by the Rolling Hills Community Association shall be so constructed that the first twenty (20) feet of said driveway, measured from the edge of the paved portion of said private road, shall not be steeper in grade than seven percent (7%).

All new and relocated driveways require approval of the City of Rolling Hills Traffic Commission prior to construction.

15.04.110 Section J106.3 added.

Section J106 is amended to add subsection J106.3 to read as follows:

J106.3 BALANCED CUT AND FILL RATIO
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Adherence to balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan, except that export of soil generated from construction of basements and other excavation activities, promotes the preservation of natural terrain of the property. A project, which does not include excavation, may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance pursuant to Municipal Code Section

17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.

2. No export of soil shall be permitted from any lot in the City, except where the soil is generated from an excavation activity, as defined in Municipal Code Section 17.12.050 or where a variance pursuant to Chapter 17.38 has been approved. Export of soil must comply with City refuse diversion requirements.

3. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on the site, except where the soil is generated from an excavation activity or where a variance pursuant to Chapter 17.38 has been approved.

4. The City Manager, or his or her designee, may grant an exception to the requirements of parts 1 and 2 of this subsection to allow for the import or export of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less and where the activity covers 2,000 square feet or less of surface area), and
(b) That the need to import or export the soil could not have been foreseen prior to commencement of construction.

5. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this subsection to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of the lot that has eroded, and of hillside or trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less and where the activity covers 2,000 square feet or less of surface area);
(b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger; and 217

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(c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re-occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards.

15.04.120 Amending Section J107.6 Maximum Slope.

The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than 1 unit vertical to 2 units horizontal (50 percent slope) shall not be permitted unless the owner receives a variance for a steeper fill slope from the Planning Commission of the City of Rolling Hills, pursuant to the provisions of Title 17 of the Municipal Code. Such slopes shall be justified by geotechnical reports conforming with the requirements of Section 111, containing a statement by the Geotechnical Engineer that the site has been investigated and an opinion that a steeper fill slope will be stable and will not create a hazard to public or private property. Substantiating calculations and supporting data may be required where the Building Official determines that such information is necessary to verify the stability and safety of the proposed slope. The Building Official may require the fill slope to be constructed with a face flatter in slope than 2 units horizontal to 1 unit vertical (50 percent slope) if the Building Official finds it necessary for stability and safety of the slope.

15.04.130 Section J107.10 added.

Section J107, FILLS, is amended by adding subsection J107.10 to read as follows:

J107.10 BALANCED CUT AND FILL RATIO
Adherence to balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan, except that export of soil generated from construction of basements and other excavation activities, promotes the preservation of natural terrain of the property. A project, which does not include excavation, may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance pursuant to Municipal Code Section

17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.

3. No grading plan for which a permit is required shall be approved unless the amount of soil to be cut from the site equals the amount of soil to be filled on 218

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the site, except where the soil is generated from an excavation activity or where a variance pursuant to Chapter 17.38 has been approved.

4. The City Manager, or his or her designee, may grant an exception to the requirements of parts 1 and 2 of this subsection to allow for the import or export (other than from excavation activities), of soil not to exceed 500 cubic yards if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) Construction of a structure on the lot or parcel has commenced, (b) That the need to import or export the soil could not have been foreseen prior to commencement of construction, and
(c) That either the structure, as approved, cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger.

5. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this subsection to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of an area of the lot that has eroded, is on a hillside or a trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less and where the activity covers 2,000 square feet or less of surface area).
(b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger.
(c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re-occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards.

15.04.140 Amending Section J101.2 Flood Hazard areas.

Notwithstanding the provisions of Section 15.04.010 of this chapter, the Building Code is amended by requiring that in addition to Section J101.2, all new construction and substantial improvements proposed to be built in a flood-prone area, as determined in accordance with Section 8.36.050 of the Rolling Hills Municipal Code (RHMC), is subject to the floodplain management regulations set forth in Chapter 8.36 of the RHMC. 219

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15.04.150 Violations and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or portion thereof or perform any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of this code.

B. Penalty. Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted. Upon conviction, such person may be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. The provisions of this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.

Chapter 15.08 PLUMBING CODE
Sections:

15.08.010 Adoption of Plumbing Code.

Except as hereinafter provided, Title 28, Plumbing Code, of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations), is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Plumbing Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Plumbing Code, 2022 Edition, Title 28 of the Los Angeles County Code, or any amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 2022 Edition, has been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.08.020 Definitions.

Whenever any of the following names of terms are used in the California Plumbing Code and the Los Angeles County Plumbing Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section, as follows:
"City" means the City of Rolling Hills.
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"County," "County of Los Angeles" or "unincorporated territory of the County of Los Angeles" means the City of Rolling Hills.

15.08.030 Fees.

Notwithstanding the provisions of Section 15.08.010, the Plumbing Code is amended by increasing the amount of each and every fee set forth in the Plumbing Code to a sum set by resolution of the City Council.

15.08.040 Violations and penalties.

Every person, firm, or corporation violating any of the provisions of the Plumbing Code of the City of Rolling Hills shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, or permitted. Upon conviction, such person may be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.

Chapter 15.12 MECHANICAL CODE
Sections:

15.12.010 Adoption of Mechanical Code.

Except as hereinafter provided, Title 29, Mechanical Code, of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Mechanical Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Mechanical Code, 2022 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.
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15.12.020 Definitions.

Whenever any of the following names or terms are used in the California Mechanical Code or the County of Los Angeles Mechanical Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section, as follows:
"City" means the City of Rolling Hills.
"County," "County of Los Angeles" or "unincorporated territory of the County of Los Angeles" means the City of Rolling Hills.

15.12.030 Fees.

Notwithstanding the provisions of Section 15.12.010, the Mechanical Code is amended by increasing the amount of each and every fee set forth in the Mechanical Code to a sum set by resolution of the City Council.

15.12.040 Violations and penalties.

A. It shall be unlawful for any person, firm, or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilating, cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provisions of Mechanical Code of the City of Rolling Hills. Maintenance of equipment which was unlawful at the time it was installed, and which would be unlawful under this Code if installed after the effective date of this Code, shall constitute a continuing violation of this Code.

B. Any person, firm or corporation violating any of the provisions of the Mechanical Code of the City of Rolling Hills shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, or permitted. Upon conviction, such person may be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.

Chapter 15.16 ELECTRICAL CODE
Sections:

15.16.010 Adoption of Electrical Code.

Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California 222

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Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Electrical Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Electrical Code, 2022 Edition, Title 27 of the Los Angeles County Code, or any amendment to the Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.16.020 Definitions.

Notwithstanding the provisions of Section 15.16.010 of this chapter, whenever any of the following names or terms are used in the Electrical Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
"City" means the City of Rolling Hills.
"County," "County of Los Angeles" or "unincorporated area of the County of Los Angeles" means the City of Rolling Hills.

15.16.030 Electrical Code fees.

Notwithstanding the provisions of Section 15.16.010, fees for plan check, inspection, and all other miscellaneous services shall be based on the fee schedule set forth by Title 27 of the Los Angeles County Code, Fees, as approved by resolution of the City Council.

15.16.040 Violations and penalties.

The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.
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Chapter 15.18 RESIDENTIAL CODE
Sections:

15.18.010 Adoption of Residential Code.

Except as herein provided, Title 30, Residential Code, of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Residential Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Residential Code, 2022 Edition, Title 30 of the Los Angeles County Code, or any amendment to the Residential Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 30 of the Los Angeles County Code and the California Residential Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.18.020 Definitions.

Notwithstanding the provisions of Section 15.18.010, names or terms that are used in this code shall be deemed and construed to have the meaning ascribed to it in Section

15.04.040 of Title 15 of the Rolling Hills Municipal Code.

15.18.040 Fees.

Notwithstanding the provisions of Section 15.18.010, the fees set forth for this code shall be the same as the fees prescribed for the Building Code in Section 15.04.050 of Title 15 of the Rolling Hills Municipal Code.

15.18.050 Violations and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Residential Code of the City of Rolling Hills.

Page 14 of 27 ends

be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. The provisions of this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.

Chapter 15.20 FIRE CODE*
Sections:

15.20.010 Adoption of Fire Code.

Except as hereinafter provided in this chapter, California Fire Code, 2022 Edition (Part 9 of Title 24 of the California Code of Regulations), based on the International Fire Code, 2021 Edition, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of the California Fire Code, 2022 Edition, has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.

15.20.020 Short title.

This chapter shall be known as the "Fire Code of the City of Rolling Hills" and may be cited as such.

15.20.025 Very high fire hazard severity zone (VHFHSZ).

The entire City of Rolling Hills is designated as a very high fire hazard severity zone, as prescribed by the Director of California Department of Forestry and Fire Protection and as designated on a map titled City of Rolling Hills VHFHSZ dated July 1, 2008, and which shall be retained on file in the City Clerk's office at the Rolling Hills City Hall.

15.20.030 Permits.

Any permit heretofore issued by the County of Los Angeles pursuant to the Fire Code of said County, for work within the territorial boundaries of the City of Rolling Hills, shall remain in full force and effect according to its terms.

15.20.035 Reserved.
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15.20.040 Local amendments—Reserved.

15.20.050 Violations.

Every person violating any provision of the Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is declared to be an infraction by the Fire Code.

Each such violation is a separate offense for each and every day during any portion of which such violation is committed, continued or permitted, and conviction of any such violation shall be punishable by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

15.20.060 Responsibility.

Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the Chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied.

Chapter 15.22 GREEN BUILDING STANDARDS CODE
Sections:

15.22.010 Adoption of Green Building Standards Code.

Except as hereinafter provided, Title 31, Green Building Standards Code, of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California Green Building Standards Code, 2022 Edition (Part 11 of Title 24 of the California Code of Regulations), is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Green Building Standards Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Green Building Standards Code, 2022 Edition, Title 31 of the Los Angeles County Code, or any amendment to the Green Building Standards Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control. 226

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A copy of Title 31 of the Los Angeles County Code and the California Green Building Standards Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.22.020 Definitions.

Notwithstanding the provisions of Section 15.22.010, names or terms that are used in this code shall be construed to have the meaning ascribed to them in the Los Angeles County Green Building Standards Code or in Section 15.04.040 of Title 15 of the Rolling Hills Municipal Code, as appropriate.

15.22.030 Water budget.

Notwithstanding the provisions of Section 15.22.010, section 4.304 of the Green Building Standards Codes is amended to add section 4.304.2 to read as follows:

4.304.2. Water Budget. A water budget shall be developed for landscape irrigation use installed in conjunction with new construction and new or redeveloped landscaping that conforms to the local water efficient landscape ordinance in Chapter 13.18 of Title 13 of the Rolling Hills Municipal Code.

15.22.040 Low-impact development.

Notwithstanding the provisions of Section 15.22.010, section 4.106.5 of the Green Building Standards Codes is amended to read as follows:

4.106.5. Low-impact development. New development or additions or alteration to existing developed sites shall comply with the Storm Water Management and Pollution Control Ordinance, Chapter 8.32 of Title 8 of the Rolling Hills Municipal Code.

15.22.050 Fees.

Notwithstanding the provisions of Section 15.22.010, the fees set forth for this code shall be the same as the fees prescribed by resolution of the City Council for the Building, Electrical, Plumbing, Mechanical, Residential, and Fire Codes of Title 15 of the Rolling Hills Municipal Code.

15.22.060 Violation and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Green Building Standards Code of the City of Rolling Hills.
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Chapter 15.24 EXISTING BUILDING CODE
Sections:

15.24.010 Adoption of Existing Building Code.

Except as herein provided, Title 33, Existing Building Code of the Los Angeles County Code, in effect on January 1, 2023, adopting the California Green Building Standards Code, 2022 Edition (Part 10 of Title 24 of the California Code of Regulations), is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known as the Existing Building Code of the City of Rolling Hills.

In the event of any conflict between provisions of Title 33, Existing Building Code of the Los Angeles County Code, 2022 Edition, or any amendment to the Existing Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 33 of the Existing Building Code and the 2022 Edition of the California Existing Building Code have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.24.020 Definitions.

Notwithstanding the provisions of Section 15.24.010, names or terms that are used in this code shall be construed to have the meaning ascribed to them in Section 15.04.040 of Title 15 of the Rolling Hills Municipal Code.

15.24.030 Fees.

Notwithstanding the provisions of Section 15.24.010, the fees set forth for this code shall be the same as the fees prescribed for the Building Code in Section 15.04.050 of Title 15 of the Rolling Hills Municipal Code.
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15.24.040 Violations and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of this code.

Chapter 15.32 UNDERGROUND UTILITY DISTRICTS
Sections:

15.32.010 Definitions.

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

A. "Commission" means the Public Utilities Commission of the State of California.

B. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

C. "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a district and used or useful in supplying electric, communication or similar or associated service.

D. "Underground utility district" or "district" means that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 15.32.040.

E. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. 229

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15.32.020 Public hearing—Authorized when—Notice.

The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

15.32.030 Public hearing—Consultation.

Prior to holding such public hearing, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

15.32.040 Council resolution-Procedure.

If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground services. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

15.32.050 Maintaining overhead structures prohibited when.

Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 15.32.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant to continue to receive utility service as provided in Section 15.32.100, and for 230

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such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

15.32.060 Emergency overhead structures.

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten days without authority of the City Manager in order to provide emergency service. The City Manager may grant special permission on such terms as the City Manager may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

15.32.070 Council resolution—Exceptions authorized.

In any resolution adopted pursuant to Section 15.32.040, the City may authorize any or all of the following exceptions:

A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;
B. Poles or electroliers used exclusively for street lighting; C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, which such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street;
F. Antennae, associated equipment and supporting structures used by a utility for furnishing communication services;
G. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts.

H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. 231

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15.32.080 Notice to property owners and utility companies.

A. Within ten days after the effective date of a resolution adopted pursuant to Section 15.32.040, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.

B. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 15.32.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

15.32.090 Responsibility of utility companies.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 15.32.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.

15.32.100 Responsibility of property owners—Notice.

Every person owning, operating, leasing, occupying or renting a building or structure within a District shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 15.32.090 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 15.32.040, the City Engineer shall give, notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.

15.32.110 Notice—Service.

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Rolling Hills, California. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size to be posted in a conspicuous place on said premises.

15.32.120 Notice—Form.

The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

15.32.130 Work by City Engineer—Assessment of costs.

If upon the expiration of the thirty-day period the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter.

15.32.140 Assessment—Hearing—Notice.

The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner provided in this chapter for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

15.32.150 Assessment—Hearing—Decision.

Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests if there be any, and then proceed to affirm, modify or reject the assessment.
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15.32.160 Assessment—Lien.

If any assessment is not paid within the five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien of each of said properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.

15.32.170 Responsibility of City.

The City shall remove at its own expense all City-owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 15.32.040.

15.32.180 Extension of time.

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 15.32.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the contractor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

15.32.190 Violation—Penalty.

It is unlawful for any person to violate any provision or to fail to comply with any requirement of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine or not more than one thousand dollars or by imprisonment in County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly. 234

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Chapter 15.36 HOURS OF CONSTRUCTION
Sections:

15.36.010 Work of improvement defined.

For the purpose of this chapter, "work of improvement" includes but is not restricted to the construction, alteration, addition, or the repair, in whole or in part, of any building, structure, bridge, ditch, pipeline, tunnel, fence, or road; the cutting or removal of weeds, trees and grass; the seeding, sodding or planting of any lot or tract of land for landscaping purposes; the filling, levelling, grading of any lot or tract of land; or the crushing of rock or the hauling of any material to be used or removed in connection with any of the foregoing; the demolition of buildings; or the removal of buildings.

15.36.020 Hours restricted.

There shall be no work of improvement or the operation of mechanical equipment used in connection with work of improvement within the territorial limits of the City except on Monday through Saturday of each week, commencing at the hour of seven a.m. and ending at the hour of six p.m. on each day.

15.36.030 Exceptions.

The provisions of this chapter shall not apply to residents of the City who are the record owners of land in the City or who are the lessees of the record owners of land in the City.

Chapter 15.40 GEOLOGICAL INVESTIGATIONS AND REPORTS REQUIRED Sections:

15.40.010 Requirements.

The requirements provided for in this chapter are in addition to any and all other requirements relating to expansive soils and geological inspections and reports required by the building code of the City or any other ordinance of the City.

15.40.020 Authority—Procedure.

A. No building (as defined in the Los Angeles County Building Laws) for which a building or grading permit is required by the building code of the City, shall be issued by the City Engineer if he, and/or the City Council, is of the opinion that a potentially serious geological condition may exist on the land on which the proposed building is to be constructed, or the proposed grading is to be performed, until a geological report prepared by a geologist registered by the State is delivered 235

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to the City Engineer by the applicant for the building or grading permit. The report shall include, among other things, test borings or excavations.

B. If said geological report, in the opinion of the City Engineer, indicates a potential serious geological condition, the City Engineer shall have the authority to employ an independent geologist registered by the State, to prepare and provide him with an independent geological report of the land on which the proposed building is to be constructed or the grading is proposed to be performed, and if necessary, to require additional test borings or excavations to be made by an independent testing service, the depth and accuracy of which shall be approved by said registered geologist.

C. The City Engineer shall also have authority to submit samples of any and all test borings or excavations to an independent qualified geological laboratory for analysis and report.

D. The geological report prepared by the independent registered geologist shall recommend corrective action which is designed to prevent the displacement or slippage of the land.

15.40.030 Corrective action required when.

As a condition to the issuance of a permit by the City Engineer of the City, the corrective action or procedures recommended in the geological report shall be incorporated in the proposed construction or grading for which the permit has been applied.

15.40.040 Assessment of costs.

All expenses incurred by the applicant in complying with the provisions of this chapter shall be paid for by the applicant and shall be in addition to all other charges or fees levied, assessed or charged by the City in connection with the issuance of a building or grading permit.”
Section 2. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Green Building Code, and Existing Building Code, as adopted by this ordinance and Parts 2, 2.5, 3, 4, 5, 10, and 11 of the California Code of Regulations, are changes, modifications, amendments, additions, or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7.

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heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively flat topography of the City.

The City Council hereby finds that the modifications to the State Building Code in Title 26 of the Los Angeles County Code are reasonably necessary because of the local climatic, geological, and topographical conditions within the City of Rolling Hills. Further, the modifications to the Building, Electrical, Mechanical, Plumbing, Green Building Standards, Residential, and Existing Building Codes in Titles 26, 27, 28, 29, 30, 31 and 33 of the Los Angeles County Code are administrative in nature and are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards.

Section 4. To the extent the provisions of this ordinance are substantially the same as previous provisions of the Rolling Hills Municipal Code, these sections shall be construed as continuations of those provisions and not as new enactments.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance or any part hereof is for any reason held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Rolling Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.

Section 6. California Environmental Quality Act. The City Council finds that this ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change to the environment. Most of the terms of the building standards adopted herein are dictated by the California Buildings Standards Code and county amendments to the state standards only make those modifications necessary for local regional conditions which are at least as protective of the environment as the state codes.

City-specific amendments are limited to creating administrative processes for local enforcement of the state building standards. Alternatively, even if the ordinance is a project within the meaning of CEQA, its adoption is exempt from CEQA under the general rule that CEQA only applies to projects that may cause significant adverse effects on the environment. CEQA Guideline section 15061(b)(3). As this ordinance is largely administrative in nature, there is no possibility that the City’s action would adversely affect the environment in any manner that could be significant.

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Section 7. Effective Date. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code section 36937 and shall apply to all projects submitted to the City for plan check and/or permit application on or after that date.

PASSED, APPROVED, AND ADOPTED this __ day of __________, 2022. ________________________________
MAYOR
ATTEST
City Clerk
238

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ORDINANCE NO. 382-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA BUILDING CODE, 2022 EDITION; TITLE 27 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; TITLE 28 OF THE LOS ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA PLUMBING CODE, 2022 EDITION; TITLE 29 OF THE LOS

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA
MECHANICAL CODE, 2022 EDITION; TITLE 30 OF THE LOS ANGELES

COUNTY CODE INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; TITLE 31 OF THE LOS ANGELES COUNTY CODE

INCORPORATING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; TITLE 33 OF THE LOS ANGELES COUNTY CODE
INCORPORATING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; MAKING AMENDMENTS TO SAID CODES; AND FINDING THE

ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS:

15.04.010 Adoption of Building Code.

A copy of Title 26 of the Los Angeles County Code and the California Building Code, 2022 Edition, have been deposited in the office of the City Clerk of the City of 239

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Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.04.020 Short title.

This chapter shall be known as the "Building Code of the City of Rolling Hills" and will be referred to herein as "this code."

15.04.030 Section 105 amended.

15.04.040 Definitions.

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15.04.050 Fees.

15.04.060 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a basement, is amended to read as follows:

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15.04.070 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a story, is amended to read as follows:

15.04.080 Amending Appendix J Grading, Section J103 PERMITS REQUIRED.

Section J103.2, Exemption 8, is amended to read as follows:

Section J103.2, Exemption 9, is amended to read as follows:

Section J103.6 Compliance with Zoning Code is amended to read as follows:

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15.04.090 Amending Section J106.1 Maximum cut slopes.

Exceptions:

The slope of a cut surface may be permitted to be as steep as 1.5 units horizontal to one unit vertical (67 percent) only if all of the following conditions are met:

1. It is not intended to support structures or surcharges.

2. It is approved by the Planning Commission of the City of Rolling Hills.

3. It is adequately protected against erosion.

4. It is no more than 8 feet (2438 mm) in height.

5. It is approved by the Building Official.

6. Ground water is not encountered.

15.04.100 Section J106.2 added.

Section J106 is amended to add subsection J106.2 to read as follows:

All new and relocated driveways require approval of the City of Rolling Hills Traffic Commission prior to construction.
243

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15.04.110 Section J106.3 added.

Section J106 is amended to add subsection J106.3 to read as follows:

J106.3 BALANCED CUT AND FILL RATIO
Adherence to balanced cut and fill ratio is an important policy of the City and furthers the goals and objectives of its General Plan, except that export of soil generated from construction of basements and other excavation activities, promotes the preservation of natural terrain of the property. A project, which does not include excavation, may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance pursuant to Municipal Code Section

17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.

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(a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less and where the activity covers 2,000 square feet or less of surface area);
(b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger; and (c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re-occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards.

15.04.120 Amending Section J107.6 Maximum Slope.

15.04.130 Section J107.10 added.

Section J107, FILLS, is amended by adding subsection J107.10 to read as follows:

17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.
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5. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this subsection to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of an area of the lot that has eroded, is on a hillside or a trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less and where the activity covers 2,000 square feet or less of surface area).
(b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger.
(c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re-occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards.

15.04.140 Amending Section J101.2 Flood Hazard areas.

Notwithstanding the provisions of Section 15.04.010 of this chapter, the Building Code is amended by requiring that in addition to Section J101.2, all new construction and 246

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substantial improvements proposed to be built in a flood-prone area, as determined in accordance with Section 8.36.050 of the Rolling Hills Municipal Code (RHMC), is subject to the floodplain management regulations set forth in Chapter 8.36 of the RHMC.

15.04.150 Violations and penalties.

Chapter 15.08 PLUMBING CODE
Sections:

15.08.010 Adoption of Plumbing Code.

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15.08.020 Definitions.

15.08.030 Fees.

15.08.040 Violations and penalties.

The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.

Chapter 15.12 MECHANICAL CODE
Sections:

15.12.010 Adoption of Mechanical Code.

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15.12.020 Definitions.

15.12.030 Fees.

15.12.040 Violations and penalties.

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Chapter 15.16 ELECTRICAL CODE
Sections:

15.16.010 Adoption of Electrical Code.

Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 1, 2023, adopting the California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Electrical Code of the City of Rolling Hills.

15.16.020 Definitions.

15.16.030 Electrical Code fees.

15.16.040 Violations and penalties.

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any violation is committed, continued, or permitted. Upon conviction, such person may be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.

The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.

Chapter 15.18 RESIDENTIAL CODE
Sections:

15.18.010 Adoption of Residential Code.

15.18.020 Definitions.

Notwithstanding the provisions of Section 15.18.010, names or terms that are used in this code shall be deemed and construed to have the meaning ascribed to it in Section

15.04.040 of Title 15 of the Rolling Hills Municipal Code.

15.18.040 Fees.

15.18.050 Violations and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building 251

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or structure or perform any grading in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Residential Code of the City of Rolling Hills.

Chapter 15.20 FIRE CODE*
Sections:

15.20.010 Adoption of Fire Code.

A copy of the California Fire Code, 2022 Edition, has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.

15.20.020 Short title.

This chapter shall be known as the "Fire Code of the City of Rolling Hills" and may be cited as such.

15.20.025 Very high fire hazard severity zone (VHFHSZ).

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15.20.030 Permits.

15.20.035 Reserved.

15.20.040 Local amendments—Reserved.

15.20.050 Violations.

15.20.060 Responsibility.

Chapter 15.22 GREEN BUILDING STANDARDS CODE
Sections:

15.22.010 Adoption of Green Building Standards Code.

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fully set forth below, and shall be known and may be cited as the Green Building Standards Code of the City of Rolling Hills.

15.22.020 Definitions.

15.22.030 Water budget.

Notwithstanding the provisions of Section 15.22.010, section 4.304 of the Green Building Standards Codes is amended to add section 4.304.2 to read as follows:

15.22.040 Low-impact development.

Notwithstanding the provisions of Section 15.22.010, section 4.106.5 of the Green Building Standards Codes is amended to read as follows:

15.22.050 Fees.

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15.22.060 Violation and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Green Building Standards Code of the City of Rolling Hills.

Chapter 15.24 EXISTING BUILDING CODE
Sections:

15.24.010 Adoption of Existing Building Code.

15.24.020 Definitions.

15.24.030 Fees.
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15.24.040 Violations and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of this code.

Chapter 15.32 UNDERGROUND UTILITY DISTRICTS
Sections:

15.32.010 Definitions.

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

A. "Commission" means the Public Utilities Commission of the State of California.

B. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

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E. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

15.32.020 Public hearing—Authorized when—Notice.

15.32.030 Public hearing—Consultation.

15.32.040 Council resolution-Procedure.

15.32.050 Maintaining overhead structures prohibited when.

Page 20 of 27 ends

service to an owner or occupant of property prior to the performance by such owner or occupant to continue to receive utility service as provided in Section 15.32.100, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

15.32.060 Emergency overhead structures.

15.32.070 Council resolution—Exceptions authorized.

In any resolution adopted pursuant to Section 15.32.040, the City may authorize any or all of the following exceptions:

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H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

15.32.080 Notice to property owners and utility companies.

15.32.090 Responsibility of utility companies.

15.32.100 Responsibility of property owners—Notice.

15.32.110 Notice—Service.

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the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Rolling Hills, California. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size to be posted in a conspicuous place on said premises.

15.32.120 Notice—Form.

15.32.130 Work by City Engineer—Assessment of costs.

15.32.140 Assessment—Hearing—Notice.

15.32.150 Assessment—Hearing—Decision.

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15.32.160 Assessment—Lien.

15.32.170 Responsibility of City.

15.32.180 Extension of time.

15.32.190 Violation—Penalty.

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Chapter 15.36 HOURS OF CONSTRUCTION
Sections:

15.36.010 Work of improvement defined.

15.36.020 Hours restricted.

15.36.030 Exceptions.

The provisions of this chapter shall not apply to residents of the City who are the record owners of land in the City or who are the lessees of the record owners of land in the City.

Chapter 15.40 GEOLOGICAL INVESTIGATIONS AND REPORTS REQUIRED Sections:

15.40.010 Requirements.

15.40.020 Authority—Procedure.

Page 25 of 27 ends

to the City Engineer by the applicant for the building or grading permit. The report shall include, among other things, test borings or excavations.

C. The City Engineer shall also have authority to submit samples of any and all test borings or excavations to an independent qualified geological laboratory for analysis and report.

D. The geological report prepared by the independent registered geologist shall recommend corrective action which is designed to prevent the displacement or slippage of the land.

15.40.030 Corrective action required when.

15.40.040 Assessment of costs.

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Section 7. Urgency Ordinance. The unamended California Building Standards Code, 2022 Edition, will become effective within the City on January 1, 2023. The City is currently in the process of adopting, with local amendments by regular ordinance, the Los 264

Page 27 of 27 ends

Angeles County Code incorporating the California Building Standards Code, 2022 Edition.

Such regular ordinance will not be effective by January 1, 2023. To ensure that the amendments are in effect from the effective date of the California Building Standards Code through the effective date of the City’s regular ordinance, the City Council wishes to adopt this Urgency Ordinance. The City Council finds that this Urgency Ordinance is necessary to promote the immediate preservation of the public peace, health, and safety by ensuring that the California Building Standards Code and the City’s amendments to this code are effective upon the effective date of the amended California Building Standards Code.

Section 8. Effective Date. This Ordinance shall take effect January 1, 2023. This Urgency Ordinance was adopted by the necessary four-fifths vote of the members of the City Council pursuant to California Government Code Sections 36934 and 36937.

PASSED, APPROVED, AND ADOPTED this __ day of __________, 2022. ________________________________
MAYOR
ATTEST
City Clerk
265

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ORDINANCE NO. 382

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA GREEN
BUILDING STANDARDS CODE, 2022 EDITION; TITLE 33 OF THE LOS

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; MAKING AMENDMENTS TO SAID CODES;

AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS:

Section 1. Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows:
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“Title 15 – BUILDINGS AND CONSTRUCTION
Chapters:

Chapter 15.04 – Building Code
Chapter 15.08 – Plumbing Code
Chapter 15.12 – Mechanical Code
Chapter 15.16 – Electrical Code
Chapter 15.18 – Residential Code
Chapter 15.20 – Fire Code
Chapter 15.22 – Green Building Standards
Chapter 15.24 – Existing Building Code
Chapter 15.32 – Underground Utility Districts
Chapter 15.36 – Hours of Construction
Chapter 15.40 – Geological Investigations and Reports Required Chapter 15.04 BUILDING CODE
Sections

15.04.010 Adoption of Building Code.

Except as hereinafter provided, Title 26, Building Code, of the Los Angeles County Code, as amended and in effect on January 1, 20203, adopting the California Building Code, 2019 2022 Edition (Part 2 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Building Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Building Code, 201922 Edition, Title 26 of the Los Angeles County Code, or any amendment to the Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 26 of the Los Angeles County Code and the California Building Code, 201922 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.
267

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15.04.020 Short title.

This chapter shall be known as the "Building Code of the City of Rolling Hills" and will be referred to herein as "this code."

15.04.030 Section 105 amended.

15.04.040 Definitions.

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"Fire Code" means Chapter 15.20 of this code.
"Fire zone" means the fire zone adopted by an ordinance creating and establishing fire zones or where no such fire zones have been adopted by the City of Rolling Hills, shall mean very high fire hazard severity zone (VHFHSZ). "General fund" means the City Treasury of the City of Rolling Hills. "Green Building Standards Code" means Chapter 15.22 of this code. "Health Code" or "Los Angeles County Health Code" means Chapter 8.04 of this code.
"Health Officer" means the Health Officer of the City of Rolling Hills. "Mechanical Code" means Chapter 15.12 of this code.
"Plumbing Code" means Chapter 15.08 of this code.
"Residential Code" means Chapter 15.18 of this code.

15.04.050 Fees.

15.04.060 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a basement, is amended to read as follows:

15.04.070 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a story, is amended to read as follows:
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15.04.080 Amending Appendix J Grading, Section J103 PERMITS REQUIRED.

Section J103.2, Exemptions 8, is amended to read as follows:

Section J103.2 Fill, Exemption 9, is amended to read as follows:

Section J103.6 Compliance with Zoning Code is amended to read as follows:

15.04.090 Amending Section J106.1 Maximum cut slopes.

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the Planning Commission of the City of Rolling Hills and furnishes a geotechnical or an engineering geology report, or both, justifying a steeper slope. The reports must contain a statement by the Geotechnical Engineer or Engineering Geologist that the site was investigated and an opinion that a steeper slope will be stable and will not create a hazard to public or private property, in conformance with the requirements of Section 111.

Exceptions:

The slope of a cut surface may be permitted to be as steep as 1.5 units horizontal to one unit vertical (67 percent) only if all of the following conditions are met:

1. It is not intended to support structures or surcharges.

2. It is approved by the Planning Commission of the City of Rolling Hills.

3. It is adequately protected against erosion.

4. It is no more than 8 feet (2438 mm) in height.

5. It is approved by the Building Official.

6. Ground water is not encountered.

15.04.100 Section J106.2 added.

Section J106 is amended to add subsection J106.2 to read as follows:

All new and relocated driveways require approval of the City of Rolling Hills Traffic Commission prior to construction.

15.04.110 Section J106.3 added.

Section J106 is amended to add subsection J106.3 to read as follows:

Page 7 of 30 ends

not include excavation, may deviate from balanced cut and fill only under unusual circumstances related to the size, shape, topography or other physical conditions of the property that qualify it for a variance pursuant to Municipal Code Section

17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.

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15.04.120 Amending Section J107.6 Maximum Slope.

15.04.130 Section J107.10 added.

Section J107, FILLS, is amended by adding subsection J107.10 to read as follows:

17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.

Page 9 of 30 ends

he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) Construction of a structure on the lot or parcel has commenced, (b) That the need to import or export the soil could not have been foreseen prior to commencement of construction, and
(c) That either the structure, as approved, cannot be completed without the requested import or export of soil or that an emergency condition exists due to the threat of land subsidence or other imminent danger.

5. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this subsection to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of an area of the lot that has eroded, is on a hillside or a trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less and where the activity covers 2,000 square feet or less of surface area).
(b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger.
(c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re-occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards.

15.04.140 Amending Section J101.2 Flood Hazard areas.

15.04.150 Violations and penalties.

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Chapter 15.08 PLUMBING CODE
Sections:

15.08.010 Adoption of Plumbing Code.

Except as hereinafter provided, Title 28, Plumbing Code, of the Los Angeles County Code, as amended and in effect on January 1, 20203, adopting the California Plumbing Code, 201922 Edition (Part 5 of Title 24 of the California Code of Regulations), is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Plumbing Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Plumbing Code, 201922 Edition, Title 28 of the Los Angeles County Code, or any amendment to the Plumbing Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 28 of the Los Angeles County Code and the California Plumbing Code, 201922 Edition, has been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.08.020 Definitions.

15.08.030 Fees.
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15.08.040 Violations and penalties.

The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.

Chapter 15.12 MECHANICAL CODE
Sections:

15.12.010 Adoption of Mechanical Code.

Except as hereinafter provided, Title 29, Mechanical Code, of the Los Angeles County Code, as amended and in effect on January 1, 20203, adopting the California Mechanical Code, 201922 Edition (Part 4 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Mechanical Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Mechanical Code, 201922 Edition, Title 29 of the Los Angeles County Code, or any amendment to the Mechanical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 29 of the Los Angeles County Code and the California Mechanical Code, 201922 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.12.020 Definitions.

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"City" means the City of Rolling Hills.
"County," "County of Los Angeles" or "unincorporated territory of the County of Los Angeles" means the City of Rolling Hills.

15.12.030 Fees.

15.12.040 Violations and penalties.

Chapter 15.16 ELECTRICAL CODE
Sections:

15.16.010 Adoption of Electrical Code.

Except as hereinafter provided, Title 27, Electrical Code, of the Los Angeles County Code, as amended and in effect on January 1, 20203, adopting the California Electrical Code, 2019 2022 Edition (Part 3 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Electrical Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Electrical Code, 2019 2022 Edition, Title 27 of the Los Angeles County Code, or any amendment to the 277

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Electrical Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 27 of the Los Angeles County Code and the California Electrical Code, 2019 2022 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.16.020 Definitions.

15.16.030 Electrical Code fees.

15.16.040 Violations and penalties.

The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.

Chapter 15.18 RESIDENTIAL CODE
Sections:

15.18.010 Adoption of Residential Code.
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Except as herein provided, Title 30, Residential Code, of the Los Angeles County Code, as amended and in effect on January 1, 20203, adopting the California Residential Code, 2019 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations) is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Residential Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Residential Code, 2019 2022 Edition, Title 30 of the Los Angeles County Code, or any amendment to the Residential Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 30 of the Los Angeles County Code and the California Residential Code, 2019 2022 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.18.020 Definitions.

Notwithstanding the provisions of Section 15.18.010, names or terms that are used in this code shall be deemed and construed to have the meaning ascribed to it in Section

15.04.040 of Title 15 of the Rolling Hills Municipal Code.

15.18.040 Fees.

15.18.050 Violations and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Residential Code of the City of Rolling Hills.

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Chapter 15.20 FIRE CODE*
Sections:

15.20.010 Adoption of Fire Code.

Except as hereinafter provided in this chapter, Title 32 Fire Code of the Los Angeles County Codes, as amended and in effect on January 1, 2020, which constitutes an amended version of the California Fire Code, 2019 2022 Edition (Part 9 of Title 24 of the California Code of Regulations), and an amended version of based on the International Fire Code, 2018 2021 Edition, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Fire Code, 201922 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 32 of the Los Angeles County Code, along with a copy of the California Fire Code, 201922 Edition, has been deposited in the office of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public.

15.20.020 Short title.

This chapter shall be known as the "Fire Code of the City of Rolling Hills" and may be cited as such.

15.20.025 Very high fire hazard severity zone (VHFHSZ).

15.20.030 Permits.

15.20.035 Reserved.

Editor's note(s)—Ord. No. 338, §§ 1, 3, adopted June 9, 2014, repealed former §

15.20.035 which pertained to amendment—draft system identification sign, and 280

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derived from Ord. No. 277-U, § 5, adopted 1999; Ord. No. 290-U, § 8, adopted 2002; Ord. No. 311, § 21, adopted 2008; Ord. No. 322-U, § 7, adopted Jan. 10, 2011.

15.20.040 Local amendments—Reserved..

The following provisions of the Los Angeles County Fire Code are hereby amended as follows:

1. Section C105.2 (One- and two-family dwellings, and Group R-2 buildings) is amended to read as follows:

Section C105.2 (One- and two-family dwellings, and Group R-2 buildings) A. For one- and two-family dwellings, and Group R-3 buildings, fire hydrants shall be spaced no more than 600 feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than 450 feet (137.16 m) away, via fire apparatus access, from a public hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access roadway shall be farther than 750 feet (228.6 m) away, via fire apparatus access, from a properly spaced public hydrant that meets the required fire-flow.

B. Notwithstanding paragraph A above, for projects under Chapters 16.50 (SB 9 Urban Lot Splits) and 17.45 (SB 9 Two-Unit Projects), fire hydrants shall be spaced no more than 600 feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than 360 feet away, via fire apparatus access, from a hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access road shall be farther than 600 feet away, via fire apparatus access, from a properly spaced hydrant that meets the required fire-flow.

2. Section C106.1 (Required on-site hydrants) is set forth below without amendments for purposes of reference only:

C106.1 Required on-site hydrants.

When any portion of a proposed structure exceeds the allowable distances from a public hydrant, via fire apparatus access, on-site hydrants shall be provided. The spacing distance between on-site hydrants shall be 300 to 400 feet (91.44 to 121.92 m). All onsite fire hydrants shall have, at a minimum, a fire-flow of 1,250 gallons per minute (4,732 L/min) at 20 psi (137.895 kPa) for a duration of two hours. If more than one on-site fire hydrant is required, the fire flow shall be 2,500 gallons per minute (9,463.53 L/min) at 20 psi (137.895 kPa) for a duration of two hours. All on-site hydrants shall be installed a minimum of 25 feet (7,620 mm) from a structure or protected by a two-hour firewall.

Exception: For fully sprinklered multifamily residential structures, on-site hydrants may be installed a minimum of 10 feet (3.05 m) from the structure.

3. Section 503.1.1 (Buildings and facilities) is amended to read as follows:
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503.1.1 Buildings and facilities.

A. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur:

1.1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.

1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.3. There are not more than two Group R-3 or Group U occupancies.

2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities and a standalone battery energy storage structure.

3. Exterior walls of interior courts that are enclosed on all sides.

B. Notwithstanding paragraph A above, for projects under Chapters 16.50 (SB 9 Urban Lot Splits) and 17.45 (SB 9 Two-Unit Projects), a lot must have its own paved driveway with a width of at least 30 feet connecting with direct access to a paved right-of-way or fire apparatus access road with a width of at least 40 feet, exclusive of shoulders. No dwelling unit shall be within 30 feet of any other dwelling unit or any other enclosed structure on such lot.

4. Section 503.1.2 (Additional access) is amended to read as follows:
503.1.2 - Additional access.

A. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Such additional access must also comply with Title 21 of the Los Angeles County Code.

B. Notwithstanding paragraph A above, for projects under Chapters 16.50 (SB 9 Urban Lot Splits) and 17.45 (SB 9 Two-Unit Projects), a lot must access a paved right-of-way or 282

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fire apparatus access road with at least two independent paved points of access for fire and life safety to access and for residents to evacuate.

5. Section 503.2.1 (Dimensions) is amended to read as follows:

Section 503.2.1 Dimensions.

A. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), exclusive of shoulders, except as specified in Sections 503.2.1.1 through 503.2.1.2.2.2, and for approved security gates in accordance with Section 503.6. Fire apparatus access roads shall have an unobstructed vertical clearance clear to the sky.

Exception: A minimum vertical clearance of 13 feet 6 inches (4,114.8 mm) may be allowed for protected tree species adjacent to access roads. Any applicable tree-trimming permit from the appropriate agency is required.

B. Notwithstanding paragraph A above, for projects under Chapters 16.50 (SB 9 Urban Lot Splits) and 17.45 (SB 9 Two-Unit Projects), a lot must have direct access through its own paved driveway with a width of at least 30 feet connecting with direct access to a paved right-of-way or fire apparatus access road with a width of at least 40 feet, exclusive of shoulders.

6. Section 903.3.1.3 (NFPA 13D sprinkler systems) is amended to read as follows:

Section 903.3.1.3 NFPA 13D sprinkler systems.

A. Automatic sprinkler systems installed in one- and two family dwellings, Group R-3, and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 35.

B. For all projects under Chapters 16.50 (SB 9 Urban Lot Splits) and 17.45 (SB 9 Two-Unit Projects), all enclosed structures on site must have automatic sprinkler systems installed in accordance with NFPA 13D as amended in Chapter 35.

15.20.050 Violations.

15.20.060 Responsibility.
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Any person who personally or through another wilfullywillfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the Chief, or wilfullywillfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied.

Chapter 15.22 GREEN BUILDING STANDARDS CODE
Sections:

15.22.010 Adoption of Green Building Standards Code.

Except as hereinafter provided, Title 31, Green Building Standards Code, of the Los Angeles County Code, as amended and in effect on January 1, 20203, adopting the California Green Building Standards Code, 2019 2022 Edition (Part 11 of Title 24 of the California Code of Regulations), is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known and may be cited as the Green Building Standards Code of the City of Rolling Hills.

In the event of any conflict between provisions of the California Green Building Standards Code, 2019 2022 Edition, Title 31 of the Los Angeles County Code, or any amendment to the Green Building Standards Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 31 of the Los Angeles County Code and the California Green Building Standards Code, 2019 2022 Edition, have been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.22.020 Definitions.

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15.22.030 Water budget.

Notwithstanding the provisions of Section 15.22.010, section 4.304 of the Green Building Standards Codes is amended to add section 4.304.2 to read as follows:

15.22.040 Low-impact development.

Notwithstanding the provisions of Section 15.22.010, section 4.106.5 of the Green Building Standards Codes is amended to read as follows:

15.22.050 Fees.

15.22.060 Violation and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Green Building Standards Code of the City of Rolling Hills.

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Chapter 15.24 EXISTING BUILDING CODE
Sections:

15.24.010 Adoption of Existing Building Code.

Except as herein provided, Title 33, Existing Building Code of the Los Angeles County Code, in effect on January 1, 20203, adopting the California Green Building Standards Code, 201922 Edition (Part 10 of Title 24 of the California Code of Regulations), is hereby adopted and incorporated by reference, as if fully set forth below, and shall be known as the Existing Building Code of the City of Rolling Hills.

In the event of any conflict between provisions of Title 33, Existing Building Code of the Los Angeles County Code, 2020 2022 Edition, or any amendment to the Existing Building Code contained in the Rolling Hills Municipal Code, the provision contained in the later listed document shall control.

A copy of Title 33 of the Existing Building Code and the 2022 Edition of the California Existing Building Code, hasve been deposited in the office of the City Clerk of the City of Rolling Hills and shall be at all times maintained by the City Clerk for use and examination by the public.

15.24.020 Definitions.

15.24.030 Fees.

15.24.040 Violations and penalties.

A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or perform any grading in the City of Rolling Hills, or cause the same to be done, contrary to or in violation of any of the provisions of this code.

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the County Jail for a period of not more than six months, or by both such fine and imprisonment. The provisions of this Section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this code.

Chapter 15.32 UNDERGROUND UTILITY DISTRICTS
Sections:

15.32.010 Definitions.

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

A. "Commission" means the Public Utilities Commission of the State of California.

B. "Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

E. "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

15.32.020 Public hearing—Authorized when—Notice.

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15.32.030 Public hearing—Consultation.

15.32.040 Council resolution-Procedure.

15.32.050 Maintaining overhead structures prohibited when.

15.32.060 Emergency overhead structures.

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15.32.070 Council resolution—Exceptions authorized.

In any resolution adopted pursuant to Section 15.32.040, the City may authorize any or all of the following exceptions:

H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

15.32.080 Notice to property owners and utility companies.

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15.32.090 Responsibility of utility companies.

15.32.100 Responsibility of property owners—Notice.

15.32.110 Notice—Service.

The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Rolling Hills, California. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size to be posted in a conspicuous place on said premises.

15.32.120 Notice—Form.

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provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

15.32.130 Work by City Engineer—Assessment of costs.

15.32.140 Assessment—Hearing—Notice.

15.32.150 Assessment—Hearing—Decision.

Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests if there be any, and then proceed to affirm, modify or reject the assessment.

15.32.160 Assessment—Lien.

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15.32.170 Responsibility of City.

15.32.180 Extension of time.

15.32.190 Violation—Penalty.

Chapter 15.36 HOURS OF CONSTRUCTION
Sections:

15.36.010 Work of improvement defined.

15.36.020 Hours restricted.

There shall be no work of improvement or the operation of mechanical equipment used in connection with work of improvement within the territorial limits of the City except 292

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on Monday through Saturday of each week, commencing at the hour of seven a.m. and ending at the hour of six p.m. on each day.

15.36.030 Exceptions.

The provisions of this chapter shall not apply to residents of the City who are the record owners of land in the City or who are the lessees of the record owners of land in the City.

Chapter 15.40 GEOLOGICAL INVESTIGATIONS AND REPORTS REQUIRED Sections:

15.40.010 Requirements.

15.40.020 Authority—Procedure.

C. The City Engineer shall also have authority to submit samples of any and all test borings or excavations to an independent qualified geological laboratory for analysis and report.

D. The geological report prepared by the independent registered geologist shall recommend corrective action which is designed to prevent the displacement or slippage of the land.
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15.40.030 Corrective action required when.

15.40.040 Assessment of costs.

Section 3. Justifications for Local Amendments. The City Council hereby finds that the changes and modifications to the California Building Code, Plumbing Code, Mechanical Code, Electrical Code, Residential Code, Green Building Code, and Existing Building Code enacted by this ordinance are reasonably necessary because of the City's local climate, characterized by hot, dry summers, often resulting in drought conditions, followed by strong Santa Ana winds, often resulting in hazardous fire conditions, and heavy winter rains, often resulting in expansive soil conditions; the City's geological characteristics in that the area is characterized by geological instability; location in Southern California; and the relatively flat topography of the City.

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PASSED, APPROVED, AND ADOPTED this __ day of __________, 2022. ________________________________
MAYOR
ATTEST
City Clerk
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ORDINANCE NO. 382-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ADOPTING BY REFERENCE TITLE 26 OF THE LOS

ANGELES COUNTY CODE INCORPORATING THE CALIFORNIA
MECHANICAL CODE, 2022 EDITION; TITLE 30 OF THE LOS ANGELES

COUNTY CODE INCORPORATING THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; TITLE 31 OF THE LOS ANGELES COUNTY CODE

ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS:

Section 1. Title 15 (Buildings and Construction) of the City of Rolling Hills Municipal Code is amended to read as follows:
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“Title 15 – BUILDINGS AND CONSTRUCTION
Chapters:

15.04.010 Adoption of Building Code.

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15.04.020 Short title.

This chapter shall be known as the "Building Code of the City of Rolling Hills" and will be referred to herein as "this code."

15.04.030 Section 105 amended.

15.04.040 Definitions.

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15.04.050 Fees.

15.04.060 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a basement, is amended to read as follows:

15.04.070 Section 202 amended.

Section 202 of the Building Code, regarding the definition of a story, is amended to read as follows:
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15.04.080 Amending Appendix J Grading, Section J103 PERMITS REQUIRED.

Section J103.2, Exemptions 8, is amended to read as follows:

Section J103.2 Fill, Exemption 9, is amended to read as follows:

Section J103.6 Compliance with Zoning Code is amended to read as follows:

15.04.090 Amending Section J106.1 Maximum cut slopes.

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Exceptions:

The slope of a cut surface may be permitted to be as steep as 1.5 units horizontal to one unit vertical (67 percent) only if all of the following conditions are met:

1. It is not intended to support structures or surcharges.

2. It is approved by the Planning Commission of the City of Rolling Hills.

3. It is adequately protected against erosion.

4. It is no more than 8 feet (2438 mm) in height.

5. It is approved by the Building Official.

6. Ground water is not encountered.

15.04.100 Section J106.2 added.

Section J106 is amended to add subsection J106.2 to read as follows:

All new and relocated driveways require approval of the City of Rolling Hills Traffic Commission prior to construction.

15.04.110 Section J106.3 added.

Section J106 is amended to add subsection J106.3 to read as follows:

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17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.

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15.04.120 Amending Section J107.6 Maximum Slope.

15.04.130 Section J107.10 added.

Section J107, FILLS, is amended by adding subsection J107.10 to read as follows:

17.38.050.

1. No import of soil shall be permitted to any lot in the City, except where a variance pursuant to Chapter 17.38 has been approved.

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5. The City Manager or his or her designee may grant an exception to the requirements of parts 1 and 2 of this subsection to allow for the import or export of soil not to exceed 500 cubic yards for remedial repair of an area of the lot that has eroded, is on a hillside or a trail if he or she finds, based upon written reports and other information submitted, that all of the following conditions are present:
(a) The project does not require discretionary review (a cut that is three feet or less, or a fill that is three feet or less and where the activity covers 2,000 square feet or less of surface area).
(b) The import or export of soil is no greater than necessary to avoid a threat of land subsidence or other imminent danger.
(c) A professionally prepared drainage plan for permanent repair shall be required if the erosion is re-occurring and if/when the amount of dirt requested, when added to the amount of dirt used in previous years, exceeds a total of 500 cubic yards.

15.04.140 Amending Section J101.2 Flood Hazard areas.

15.04.150 Violations and penalties.

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Chapter 15.08 PLUMBING CODE
Sections:

15.08.010 Adoption of Plumbing Code.

15.08.020 Definitions.

15.08.030 Fees.
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15.08.040 Violations and penalties.

The provisions of this section are in addition to and independent of any sanctions, penalties or costs which are or may otherwise be imposed for a violation of the Rolling Hills Municipal Code.

Chapter 15.12 MECHANICAL CODE
Sections:

15.12.010 Adoption of Mechanical Code.

15.12.020 Definitions.

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"City" means the City of Rolling Hills.
"County," "County of Los Angeles" or "unincorporated territory of the County of Los Angeles" means the City of Rolling Hills.

15.12.030 Fees.

15.12.040 Violations and penalties.

Chapter 15.16 ELECTRICAL CODE
Sections:

15.16.010 Adoption of Electrical Code.

In the event of any conflict between provisions of the California Electrical Code, 2019 2022 Edition, Title 27 of the Los Angeles County Code, or any amendment to the 307

Page 13 of 31 ends

Rolling Hills City CouncilDecember 13, 2022

Rolling Hills City Council
December 13, 2022