Tag: Ordinance

MALIBU—The city of Malibu announced on its website that beginning July 1, 2024 the minimum wage will rise to $17.27 per hour. This is in accordance with the City’s Minimum Wage Ordinance. The increase includes a 2.2 percent cost-of-living increase based on the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers in the Los Angeles – Long Beach – Anaheim statistical region (not seasonally adjusted).

“This wage reflects our dedication to creating a more equitable community in Malibu,” said Mayor Steve Uhring. “By aligning our minimum wage increases with L.A. County and some neighboring cities, we hope to help our local businesses stay competitive and be able to attract excellent staff at a time when companies across the nation face serious staffing challenges.”

The City’s Minimum Wage Ordinance requires that the minimum wage in Malibu increase every year on July 1, based on the Consumer Price Index (CPI) increase. The CPI increase is set every year in December by the U.S. Bureau of Labor Statistics.

The Malibu City Council voted on March 28, 2016, to incrementally raise the minimum wage to $15 per hour by 2020, mirroring the minimum wage increases implemented by Los Angeles County and other neighboring jurisdictions. Companies with more than 25 employees were required to pay employees no less than $10.50 after July 1, 2016, until reaching $15 per hour in 2020.

Initially, to give smaller local businesses with fewer than 25 employees adequate time to adjust to the changes, the city’s ordinance provided a one-year delay. Their minimum wage increases started July 1, 2017, and were set to rise annually on the same schedule until reaching $15.00 per hour in 2021. As of July 1, 2022, small businesses with fewer than 25 employees must also adhere to the same minimum wage established by the Ordinance (see Malibu Municipal Code Section 5.36).

All employers in the Malibu city limits are required to print out and display a poster explaining the ordinance, worker rights and protections, how to file a complaint for non-compliance, and other information. The poster is available to download, print out or share at: https://www.malibucity.org/MinimumWagePoster.

The poster must be placed in the same conspicuous and accessible location at all job sites where mandated federal and state labor postings are required to be displayed. The city of Malibu is conducting direct outreach to businesses in city limits to ensure that that all businesses are aware of and are adhering to the minimum wage requirements. Those wanting more information about the ordinance can view a video about the city of Malibu’s Minimum Wage via the city’s website.

By Trevor

BEVERLY HILLS—The city of Beverly Hills announced on its Facebook page that it will be holding a virtual workshop on Monday, June 24 to educate the community regarding the regulation of single-use plastic and expanded polystyrene.

On March 18, the Beverly Hills City Council adopted an ordinance prohibiting the distribution of single-use plastic and expanded polystyrene (e.g., Styrofoam) foodware.

The ordinance will decrease plastic waste by requiring food facilities that provide disposable foodware to use compostables or recyclable items, impacting businesses such as restaurants, grocery stores, hotels, and pharmacies. Items that will be permitted include compostable 100 percent fiber-based, free of PFAs & non-fiber additives. Items that are recyclable will also be permitted as long as they are unlined aluminum & containers with a CRV value.

Single-use plastic foodware and expanded polystyrene (e.g., Styrofoam) products comprise a significant proportion of Beverly Hills’ waste production, dominating landfills. Such items also pollute streets, critical waterways, and local ecosystems, breaking down into hazardous microplastics that accumulate in perpetuity. Additionally, producing conventional plastics and expanded polystyrene depends on extracting and processing fossil fuels, resulting in significant greenhouse gas emissions.

Key provisions

-Food facilities cannot provide single-use articles* to customers with ready-to-eat food, including cutlery, straws, and containers, unless they are compostable or recyclable. This requirement also applies to food trays and egg cartons.

-Retail establishments cannot sell, rent, or offer expanded polystyrene products to customers.

-Third-party online food ordering businesses must allow food facilities to indicate which single-use foodware accessories they offer and allow customers to select which accessories, if any, will be included with their order.

-Full-service restaurants may only provide multiservice utensils, which are designed to be cleaned and reused, to customers for consumption on the premises.

*A single-use article is any disposable foodware item used to serve, consume, transport, or contain food or beverages. This term includes plates, bowls, clamshells, pizza boxes, cups, trays, egg cartons, and wrappers, among other items. It also includes single-use foodware accessories provided alongside ready-to-eat food, such as forks, knives, spoons, chopsticks, straws, stirrers, spill plugs, hot beverage sleeves, cup lids, napkins, and condiment containers.

Impacted Businesses

Most retailers and food facilities, including restaurants, grocery stores, hotels, and pharmacies, will have until March 18, 2025, to comply. Mobile facilities and farmers’ market vendors must comply by September 18, 2025, and March 18, 2026, respectively.

To further educate the community, the virtual meeting will be held via zoom on June 24, 2024, from 10 a.m. to 11 a.m. To learn more visit beverlyhills.org/plasticandfoam for additional details.

By Trevor

SANTA MONICA—It was announced on April 25 that the Santa Monica City Council approved an ordinance that will require the use of low-carbon concrete for all new construction, swimming pools and spas.

As noted in a press release from the city’s website, traditional concrete is a mix that uses Portland cement, known as clinker, and other materials. The process of creating traditional concrete uses substantial energy that creates large amounts of embodied carbon emissions. Low-carbon concrete uses alternative materials that help decrease future carbon emissions.

“I’m thrilled to see our city continue to advance towards the goal of carbon neutrality,” said Chief Sustainability Officer Shannon Parry. “We know the concrete industry is ready to supply low-carbon alternatives and we are ready to implement this very important step in our fight against climate change.”

City staff conducted outreach to local concrete suppliers and builders in formulating the ordinance, and all expressed support and willingness to provide low-carbon concrete options. These options are available now and at a lower cost than traditional cement.

The city of Santa Monica currently uses low-carbon concrete mixes in city infrastructure projects, one example being the Moongate structure at Woodlawn Cemetery.

National examples of developments that have utilized low-carbon concrete materials include the One World Trade Center in New York and Wilshire Grand Center in downtown Los Angeles.

The ordinance does include exemptions to allow for flexibility, such as for projects that require less than three yards of onsite mixing for immediate needs, during emergencies, in cases of supply chain challenges or if the cost of traditional concrete mix is higher than low-carbon options.

Compliance checks for the new ordinance will be part of the Plan Check process. The ordinance will return for a second reading on May 14 and go into effect 30 days later. For more details, review the staff report, or view the Santa Monica City Council discussion.

By Trevor

MALIBU—On February 20, it was announced on its website that the Malibu City Council approved an ordinance to regulate inspections of balconies and other exterior elevated elements on any buildings with three or more units to help protect the public.

“Safety is our No. 1 priority, and no one should have to be afraid because a balcony they are standing on may collapse,” said Mayor Steve Uhring. “This is a common-sense regulation that will protect homeowners from the hidden danger of exterior elements that could collapse, and from liability.”

Exterior elevated elements (E3s) are balconies, decks, porches, stairways, walkways and entry structures that extend beyond exterior walls of a building.

The ordinance was proposed by the Malibu City Council in response to enacted California state laws monitoring exterior elements. The state laws were enacted in response to a 2015 balcony collapse in Berkeley that killed 6 students and injured 7. A subsequent investigation revealed that years of exposure to moisture led to dry rot along the top of the cantilevered balcony framing, causing it to disintegrate and compromise the load-carrying capacity of the supporting elements.

The State of California moved to address deficiencies in the laws around the maintenance and inspection of balconies, decks, and other exterior elevated elements. The primary differences between the Senate Bill (SB) 721 and SB 326 are who they affect and the frequency of inspection. These inspections will identify deterioration issues and determine if repairs are needed.

SB 721 applies to property owners of buildings with three or more dwelling units. The first inspection is required by January 1, 2025 and then every 6 years after.

SB 326 applies to condominium associations. The first inspection is required by January 1, 2025 and then every 9 years after.

All inspections must be completed by a California state-licensed architect, civil engineer, or structural engineer.

The ordinance must be approved by the City Council during a second reading before final adoption. The Environmental Sustainability Department has already developed educational materials including inspection protocols aligning with the new regulations, which can be found on the website or in person at city hall. The program provides concise standards for inspections of these structures and will assist property owners to make necessary repairs or upgrades to ensure their safety.

Malibu will host several town hall meetings in the spring to offer information and assistance to property owners. Further details will be announced.

For more information, including the types of properties that the ordinance applies to, visit: www.malibucity.org/E3.

By Trevor

MALIBU—On January 12, the city of Malibu disclosed on its website that on January 8, 2024, the Malibu City Council adopted an ordinance to regulate Accessory Dwelling Units (ADUs) in the city, taking a step toward addressing Malibu’s housing challenges while balancing the need to preserve the community’s rural coastal village character.

The report from the Malibu City Council meeting on December 20, 2023, stated:

“Conduct second reading, unless waived, and adopt Ordinance No. 510, an ordinance of the City of Malibu approving Local Coastal Program Amendment (LCPA) No. 18-002, an amendment to the LCP to update accessory dwelling units (ADU) Regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes, and changing the term second units to ADUs, and finding the amendments exempt from the California Environmental Quality Act (CEQA); and 2) Conduct second reading, unless waived, and adopt Ordinance No. 511 approving ZTA No. 18-004, an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA.”

Ordinance 510 states: “ORDINANCE NO. 510 AN ORDINANCE OF THE CITY OF MALIBU APPROVING LOCAL COASTAL PROGRAM AMENDMENT 18-002, AN AMENDMENT TO THE
LOCAL COASTAL PROGRAM TO UPDATE ACCESSORY DWELLINGUNIT REGULATIONS, AND ZONING TEXT AMENDMENT NO. 18-004, AN AMENDMENT TO TITLE 17 (ZONING) OF THE MALIBU MUNICIPAL CODE RELATED TO DEFINITIONS, GUEST HOMES AND CHANGING THE TERM SECOND UNITS TO ACCESSORY DWELLING UNITS, AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”

The city of Malibu defines an ADU as: “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 in Section 17958.1 of the California Health and Safety
Code and the California Building Code; and
2. A manufactured home, as defined in Section 18007 of the California Health and Safety
Code.”

ACCESSORY DWELLING UNIT, ATTACHED – an accessory dwelling unit that is
physically attached to the primary dwelling unit and share an interior wall or as an additional story above the primary dwelling unit, but which has independent, direct access from the exterior.

ACCESSORY DWELLING UNIT, DETACHED – an accessory dwelling unit that is not an
attached accessory dwelling unit.

CAR SHARE VEHICLE – a motor vehicle that is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service. A car share vehicle does not include vehicles used as part of ride-hailing companies such as Uber or Lyft.

COMPLETE INDEPENDENT LIVING FACILITIES – permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

JUNIOR ACCESSORY DWELLING UNIT – a residential unit that
1. is no more than 500 square feet in size;
2. is contained entirely within an existing or proposed single-family structure;
3. has a separate exterior entrance;
4. includes its own separate sanitation facilities or shares sanitation facilities with the existing
or proposed single-family structure; and
5. includes an efficiency kitchen.

KITCHEN, INCLUDING AN EFFICIENCY KITCHEN – an area within a structure that is
used or designed to be used for the preparation or cooking of food and that contains each of the following:
1. A cooking facility with appliances including, but not limited to: ovens, convection ovens,
stoves, stove tops, built-in grills or similar appliances.
2. A food preparation counter or counters that total at least 15 square feet in area.
3. Food storage cabinets that total at least 30 square feet of shelf space.

A coastal development permit is required for all detached and attached ADUs and ADUs located inside an existing accessory building including when legally established accessory structure is demolished and is replaced with a new structure for the purpose of creating an ADU. Fire sprinklers are required inside an ADU and not short-term rentals less than 30 days will be allowed.

An ADU may be rented, but no ADU 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 multi-family lot), as stated in Ordinance 510.

For more details, see the staff report: https://www.malibucity.org/AgendaCenter/ViewFile/Item/6435?fileID=57906.

By Trevor