La Mirada Municipal Code Ch. 17.20 Moving Buildings--Excavations

This chapter shall be known as the "Permits for Moving Buildings and Making Excavations Ordinance of the City of La Mirada" and may be cited as such.

(Prior code § 6400).

There is adopted as an amendment to the highway permit ordinance of the city, except as hereafter amended, Ordinance 9879 of the county of Los Angeles, which adds Sections 143 and 316 to the existing highway permit Ordinance 3597, as amended and in effect October 31, 1969.

(Ord. 164 § 1, 1970; Ord. 120 § 1, 1967; Ord. 20 § 1, 1961; Ord. 15 § 1, 1960; prior code § 6401).

Three copies of Ordinance No. 3597 as adopted in Section 17.20.020 have been deposited with the city clerk and shall be at all times maintained by the city clerk for the use and examination by the public.

(Prior code § 6402).

Ordinance No. 3597 as specified in Section 17.20.020 is amended as follows:

(1) Whenever in the ordinance reference is made to the "commissioner" it shall be deemed to refer to the superintendent of streets of the city, or to such other public body, officer, or official employee, authorized or designated to enforce this chapter, or to act as superintendent of streets;

(2) Any and all fees shall be payable to the city, except that any and all fees may be collected on behalf of the city by any county official or officer designated or authorized to collect the fees as set forth in the ordinance;

(3) Whenever in the ordinance reference is made to the county of Los Angeles or to the unincorporated area of the county, such area shall be deemed to include in its true geographical location the area of the city.

(Prior code § 6403).

(a) Section 127.2 of Ordinance No. 3597 is amended to read:

Section 127.2 "Facilities" or "Pipelines", as used in Sections 100(c), 139, 801, 801.1, 802, 802.1, 802.2, 802.3, 802.4, 802.5, 803, 805, 806, 807, and 810 of this Ordinance, means pipes, pipelines, valves, tanks, mains, service lines, conduits, duct banks, cables, wires, poles, tunnels, obstructions and other apparatus both aerial and underground.

(b) Section 127.4 is added to Ordinance No. 3597 to read:

Section 127.4 "One Call Notification System" or "Systems" means an association providing for mutual receipt of notification of construction activities in the unincorporated territory of Los Angeles County.

(c) Subsection D of Section 139 of Ordinance No. 3597 is amended to read:

D. Except in emergency work to protect the public and property, any permittee proposing to excavate in any highway shall make a search of available record of underground facilities and shall notify owners or operators known to have such facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least forty-eight hours prior to time of proposed excavation, exclusive of weekends or legal holidays. At such time as a "One Call Notification System" is operational in the unincorporated territory of Los Angeles County, Permittee shall notify those owners or operators who are members of the System by notifying the System by telephone at least forty-eight hours prior to time of proposed excavation, exclusive of weekends or legal holidays. The permit shall not be valid until permittee receives a "ticket" number from the System acknowledging the notification, which number permittee shall enter upon the face of the permit. Said notification is an additional method to be used in determining underground facilities and does not relieve permittee from the responsibility to assure that owners or operators of such facilities are notified. Any permittee shall likewise notify nonmembers of the System who are owners or operators of facilities in the vicinity of the proposed excavation. Any person receiving notice pursuant to this ordinance shall, not less than one working day in advance of proposed construction unless otherwise agreed between said person and permittee, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation.

(d) City Council Waivers, Section 711.5 is added to Ordinance 3597 to read as follows:

Section 711.5 The provisions of Section 706(b) and 706(c) may be notified or varied by the City Council upon application of the property owner if all the following conditions are satisfied:

(1) The driveway or driveways will not open out into any street or highway which is part of the Select System of Streets of this City;

(2) The driveway or driveways serve in whole or in part an existing substantial commercial development which was established prior to September 3, 1957;

(3) The City Council finds that such variance or modification is necessary and reasonable;

(4) The City Council finds that such variance or modification is necessary in order that the property and business of the applicant will not suffer undue hardship and severe difficulties.

In case in granting a variance or modification under this section, the City Council may impose such conditions and limitations on the property and business of the applicant as it deems necessary or convenient. (Added by Ordinance 292 - March 15, 1977).

(e) Driveway Widths. Section 706 of ordinance No. 3597 is amended to read as follows:

Section 706. The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or center line of the highway. The width of an individual driveway shall not be less than ten feet and shall not exceed in width:

(a) Except as provided for in subsection (d), twenty feet if the driveway serves only residences or apartments.

(b) Twenty feet or twenty percent of the front footage of the lots or parcels of land less than one hundred feet wide.

(c) Thirty feet or twenty percent of the front footage of the lot or parcel of land, whichever is greater, but not to exceed sixty feet, when the driveway serves other than residences or apartments on a lot or parcel of land not less than one hundred feet wide.

(d) Thirty feet or twenty percent of the front footage of the lot or parcel of land, whichever is greater, but not to exceed sixty feet, when the driveway serves 30 or more apartments on a lot or parcel of land not less than one hundred feet wide.

(e) Thirty feet of the street frontage of a lot or parcel of land provided said street frontage is not less than 100 feet wide and the driveway serves apartments or a residence on such lot or parcel of land. (Added by Ordinance 319 - May 9, 1973. Subsection (e) added by Ordinance 389 - January 12, 1977).

(f) Section 801 of Ordinance No. 3597 is amended to read:

Section 801. The provisions of this Chapter apply to permits for the making, or causing to be made, in any highway, of excavations, and for the placing, constructing, testing, repairing, changing, monitoring, removing or abandoning of facilities or encroachments. The provisions of this chapter also apply to written emergency plans for owners or operators of pipelines used to convey toxic, corrosive or flammable liquids and mandatory membership in a "One Call Notification System".

(g) Section 801.1 is added to Ordinance No. 3597 to read:

Section 801.1 When a "One Call Notification System" is operational in the unincorporated territory of Los Angeles County, no person shall maintain and operate a pipeline designed to carry hazardous substances below the surface of a highway unless said person is a member of the System. Said person shall provide to the Commissioner such proof as required that said person is a member of the System in Los Angeles County. For the purpose of this section, electrical facilities shall not be considered hazardous.

(h) Section 802.2 is added to Ordinance No. 3597 to read:

Section 802.2. After initial installation under this Ordinance of any pipeline used or to be used to carry toxic, corrosive or flammable liquids, such pipeline shall be subject to a hydrostatic pressure test as provided herein before it is placed in operation. The duration of the hydrostatic test for this purpose shall not be less than twenty-four (24) hours.

After repair or replacement of any pipeline used or to be used to carry toxic, corrosive or flammable liquids, made necessary to repair leaks or breaks, or replacements made necessary for changes required by improvements within the roadway, the affected portion of the pipeline shall be subjected to a hydrostatic pressure test as provided herein before placing in operation. The duration of the hydrostatic test for this purpose shall be not less than twenty-four (24) hours. However, no such test is required for a minor repair which does not require removal of the pipeline from operation. If the affected section is isolated and tested hydrostatically, pressure test of the tie-in welds is not required; however, tie-in welds shall be examined by radiographic means.

No pipeline subject to this Ordinance used or to be used to carry toxic, corrosive or flammable liquids and over ten (10) years of age, shall be operated beyond the successive ensuing 12-month period of time unless retested annually by a hydrostatic pressure test or other test means acceptable to the Commissioner. The duration of the periodic test for this purpose shall be less than four (4) hours.

Each pressure test, either initial or retest shall be in accordance with the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision. The Commissioner may authorize the use of a liquid petroleum that does not vaporize rapidly (i.e., flash point over 150°F or 66°C) as a test medium. Pressure tests after initial installation of pipelines and before they are placed in operation shall show no unexplained loss. Annual or retest pressure tests shall not show an hourly loss, for each section of the pipeline under test at the time, in excess of either ten (10) gallons, or the sum of one (1) gallon and an amount computed at a rate in gallons per mile equivalent to one-tenth (1/10) of the nominal internal diameter of the pipe.

The Commissioner may grant administrative waiver or other relief to an owner or operator under this Ordinance as to the periodic pressure testing of any pipelines as herein provided if owner or operator can demonstrate that such testing will cause the unreasonable unscheduled shutdown of plants, terminals, refineries, or other facilities of which such pipelines constitute an integral part.

In addition to the foregoing requirements, any pipeline authorized by this Ordinance and subject to pressure testing shall be subjected to a pressure test by the owner or operator at any time as may be required by the Commissioner in the interest of public safety.

Within thirty days after completion of any test made pursuant to the provisions of this Ordinance, the owner or operator shall submit a certified report of such test for the Commissioner's review. The report shall show the date of test, description or portion of pipeline tested identified with respect to County highways, and the test data. The report shall be sufficient in detail to permit analysis of test results and determination of compliance with the applicable provisions of this Ordinance or any other applicable Ordinance, rule or regulation. The report shall also contain any other test information as may be specifically requested by the Commissioner.

(i) Section 802.3 is added to Ordinance No. 3597 to read:

Section 802.3 Block valves shall be installed on each new main line at locations along the pipelines system that will minimize damage from accidental product discharge. Said location shall be appropriate for the terrain and the population density of the area.

(j) Section 802.4 is added to Ordinance No. 3597 to read:

Section 802.4. As provided in the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision, a cathodic protection system shall be installed for all new ferrous pipelines used to carry toxic, corrosive or flammable substances other than utility gases in order to mitigate corrosion deterioration that might result in structural failure. The cathodic protection system for all new ferrous pipelines carrying utility gases shall be installed in accordance with General Order No. 112-C of the Public Utilities Commission of the State of California. A test procedure shall be developed by the owner or operator to determine whether adequate cathodic protection has been achieved and submitted to the Commissioner for approval. Reports of cathodic protection evaluation in accordance with said approval procedure shall be made available annually for review by the Commissioner.

(k) Section 802.5 is added to Ordinance No. 3597 to read:

Section 802.5. Each owner or operator of a pipeline used or to be used to convey toxic, corrosive or flammable liquids shall have a written emergency plan approved and on file with the County Forester and Fire Warden. The plan shall be in accordance with the American National Standard Institute's Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision.

The plan shall include but not be limited to the following elements: (1) A "liaison" element for intercommunications between public agencies and pipeline owners or operators to provide for prompt coordinated remedial action, and the dissemination of information as to the location and ownership identification of pipelines based on the best available records and plans. (2) A "spill contingency" element to limit the extent of accidental product discharge by which pipeline owners or operators shall involve themselves in a cooperative pipeline leak notification emergency action system. (3) A "leak detection" element by which the pipeline owners or operators can monitor the flow of their product and can divert, reduce or stop the flow of said product at the first indication of a product leak. (4) A "first on the scene emergency containment" element in cooperation with other pipeline owners or operators to be utilized until arrival of the affected pipeline owners' or operators' personnel. "First on the scene" costs shall be borne by the owner or operator of the facility and shall be reimbursed to the organization effecting the emergency containment.

(l) Section 810 of Ordinance No. 3597 is amended to read:

Section 810. Each applicant for a permit to abandon in place or remove any facility or encroachment in the highway shall do so under terms and conditions prescribed by the Commissioner. The permit application shall include a plat or other suitable means describing the facility or encroachment to be abandoned or removed and indicated its exact location. Permission to abandon a facility or encroachment without removing shall be subject to removal within one year after the effective date of the abandonment if the facility or encroachment may interfere with a present or future public improvement. If it is determined that the facility or encroachment should be removed, the permittee or its successor in interest shall remove it at its expense or pay County for the cost of such removal. Permittee shall leave any abandoned facility or encroachment in a safe condition.

In addition to the foregoing, abandonment in place of a pipeline used to convey toxic, corrosive or flammable liquids will be subject to the following requirements. The pipeline shall be thoroughly purged of liquids and vapors and filled with an inert material that will remain in a solid or semi-solid state if any portion of the pipeline is cut or removed in the future. The permittee shall file a certificate with the Commissioner that said requirements have been complied with and the abandoned pipeline has been left in a safe condition.

(Ord. 290 § 1, 1980).

No building or structure shall be moved within the city, whether transported as a unit or in sections, or completely dismantled, from one lot or premises to another, or for a distance exceeding twenty feet within a single lot or premises, unless a valid permit for the relocation has first been approved.

(Ord. 28 § 1 (part), 1961; prior code § 9500).

The planning commission shall have the authority, subject to the procedures set forth in this chapter, to permit the relocation of buildings whenever it finds the relocations meet the requirements of this chapter.

(Ord. 28 § 1 (part), 1961; prior code § 9501).

The purpose of relocation building procedure is to provide adequate safeguards to insure that buildings moved from one location to another do not have an adverse effect on their new location and that they harmonize and fit in with existing and future development of the area.

(Ord. 28 § 1 (part), 1961; prior code § 9502).

Application for relocation of a structure shall be made by the property owner or his authorized agent on a form prescribed for this purpose by the city, and shall be accompanied by a filing fee of ten dollars if the structure is within the city limits of La Mirada, and a filing fee of seventy-five dollars if located outside the city limits, no part of which is refundable. In the case of involuntary moving within a single lot or premises within the city caused by the action of a governmental agency, the filing fee may be, but need not be, waived by action of the planning commission.

(Ord. 28 § 1 (part), 1961; prior code § 9503).

An application for the relocation of a building shall be accompanied by accurately drawn plot plans showing all existing and proposed buildings, structures and uses on the premises, as well as the adjoining lots within a radius of at least three hundred feet, photographs of the structures to be relocated, and such other data as may be required by the city administrator to submit the application to the commission.

(Ord. 28 § 1 (part), 1961; prior code § 9504).

It shall be the duty of the city administrator to post on the property where the relocated structure is to be located a notice stating "Structure to be relocated on these premises," letters to be not less than one inch in height. The notice posted shall give the date notice is posted and the last date at which adjoining neighbors and property owners may view the pictures and proposed plot plan in the planning department office prior to the application being transmitted to the planning commission. The notices are to be posted on the property at least ten days prior to planning commission hearing. Further, five or more other notices shall be posted within a radius of three hundred feet of the premises giving notice generally of the proposed relocation. Such notices shall be in the form and manner and shall be posted as designated by the city administrator.

(Ord. 28 § 1 (part), 1961; prior code § 9505).

Before granting approval of a proposed relocation, the applicant therefore shall affirmatively show or prove, and the commission shall be satisfied by such affirmative showing or proof, that all the following conditions are met:

(1) That the structure is in conformity with the type and quality of buildings existing in the surrounding area of the proposed site;

(2) That the structure will constitute a beneficial addition to and contribute to the general development of the area;

(3) That if there is vacant property in such surrounding area, or if the surrounding area is in transition, the commission may take into consideration the type of structure and uses that could be located there in the future;

(4) That the proposed relocation will not conflict with any of the property development standards of this code;

(5) That the structure proposed to be relocated shall be completely free of pest infestation, and that a qualified pest extermination firm shall have so certified;

(6) That the proposed relocation will in no way be detrimental to persons to properties, or to the living environment of the area;

(7) That the proposed relocation will not adversely affect any proposed streets or other improvements in the area, nor be in conflict with any master plan of the city;

(8) That the proposed relocation will not result in the violation of any law, ordinance or regulation.

(Ord. 28 § 1 (part), 1961; prior code § 9506).

The commission may approve a proposed relocation subject to such conditions as the commission may deem warranted by the circumstances involved. Such conditions may include, but are not limited to, any or all of the following:

(1) Dedication and improvements of streets, which may include curb, gutter, sidewalk and paving;

(2) A performance or cash bond guaranteeing that all conditions will be fully met prior to occupancy. Before a building permit may be issued, the applicant or his authorized agent shall post a cash deposit or surety bond in a firm satisfactory to the city and sufficient in amount to cover the cost of the required improvements. The deposit or bond shall also be sufficient to cover the costs of all matters involving the city, such as inspection, engineering, street and other improvements, and restoration of the vacated site;

(3) That all work will be completed within one hundred eighty days after approval is granted. One extension only of ninety days may be granted by the commission if proof is given to the commission that circumstances beyond the control of the applicant caused the delay;

(4) That relocated structures will conform to all setback requirements and provisions of streets and highways as indicated on the master plan of highways.

All such conditions shall be binding upon the applicant, their successors and assigns, shall run with the land, shall limit and control issuance and validity of certificates of occupancy and shall restrict and limit the construction and location, use and maintenance of all land and structures on the subject property.

(Ord. 28 § 1 (part), 1961; prior code § 9507).

Not later than ten days following the planning commission's action in granting or denying permission to relocate a building or other structure, a letter setting forth the commission's action shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy. A copy of the letter shall also be sent to the building department.

Before the applicant may proceed with the relocation, the applicant shall sign and file an affidavit with the planning commission within twenty days after receiving the notification. The affidavit shall state that the applicant accepts and is aware of all the conditions imposed by the commission.

(Ord. 28 § 1 (part), 1961; prior code § 9509).

The provisions of Chapter 21.46 regarding appeals of the commission's actions and the effective date of the approval shall apply. Unless otherwise specified, the commission's actions of approval are considered conclusive.

(Ord. 28 § 1 (part), 1961; prior code § 9510).

Unless otherwise specified in the action to permit a structure to be relocated, the applicant's right to exercise such permission shall become null and void ninety days from the effective date of such action if applicant has failed to commence work as to the relocation. However, one extension of time only to commence work may be granted by action of the planning commission if so requested and if the commission feels such extension is justified. Such extension of time to commence work shall not be for any period of time in excess of sixty days.

(Ord. 28 § 1 (part), 1961; prior code § 9511).

Prior to the issuance of an occupancy permit, relocated buildings or structures shall be brought up to the standards of the building code and shall be painted and reconditioned and brought into compliance with all of the conditions of approval of the planning commission's action.

(Ord. 28 § 1 (part), 1961; prior code § 9512).

If the site from which the structure is moved is within the city the vacated site shall be cleaned up and put in a neat and orderly condition prior to the issuance of the occupancy permit for the relocated structure.

(Ord. 28 § 1 (part), 1961; prior code § 9513).

The applicant or his authorized agent shall also obtain a permit from the city to move the structure over city streets.

(Ord. 28 § 1 (part), 1961; prior code § 9514).