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ORD 672 ORDINANCE NO. 672 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CLARIFYING NUMERICAL SECTION HEADINGS IN CHAPTER 15.18 (ADMINISTRATIVE CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. WHEREAS, the City Council adopted Ordinance No. 669 (Attachment B) to adopt, by reference, the California Building Standards Commission (CBSC) codes, a compilation of building standards that apply to all occupancies in California; and WHEREAS, in the administration of the 2022 CBSC codes, Staff identified numerical section headings in the code that were incorrectly listed, specifically as it relates to Sections 15.18.030 (Administrative code amended Appeals) and 15.18.040 (Administrative code amended Violations and penalties) of Title 15 of the Rancho Palos Verdes Municipal Code (RPVMC); and WHEREAS, the 2022 CBSC section numbers are inconsistent with the section numbers cited in the RPVMC; and WHEREAS, in order to better assist residents, developers and the business community in their review and interpretation of RPVMC regulations, an update of the affected code sections to correct the erroneous numbering is required; and NOW, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated fully herein by reference. Section 2. Sections 15.18.030 (Administrative code amended Appeals) and 15.18.040 (Administrative code amended Violations and penalties) of Title 15 of the Rancho Palos Verdes Municipal Code are amended to read: 15.18.030 - Administrative code amended—Appeals. Notwithstanding the provisions of Section 15.18.010 (Administrative Code Adopted) of this chapter, Section 113 is amended to read: SECTION 113 APPEALS 113.1 General. In the event that an appeal from a decision of the building official regarding interpretation of the technical codes is requested, the building official shall °seek a code interpretation by the appropriate code writing organization. The Building Code shall be interpreted by the International Code Council. The Mechanical Code shall be interpreted by the International Association of Plumbing and Mechanical Officials. The Plumbing Code shall be interpreted by the International Association of Plumbing and Mechanical Officials or its designated agent. The Electrical Code shall be interpreted by the National Fire Protection Association. The interpretation of the code writing organization shall govern. The cost of obtaining the interpretation shall be paid by the applicant. 15.18.040 Administrative Code amended—Violations and penalties. Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 114.1 and 114.2 are amended to read and Section 114.3 is added to read: 114.1 Violations. No person shall erect, construct, enlarge, alter, repair, move, improve remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or perform any grading in the City or cause or permit the same to be done contrary to, or in violation of, any of the provisions of this code or any of the technical codes. 114.2 Penalties. Any person who violates any provision of this code or any of the technical codes shall be deemed guilty of 'a misdemeanor and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation continued or was permitted, and upon conviction is punishable as set forth in Section 1.08.010 of the Rancho Palos Verdes Municipal Code. 114.3 Penalty Fees. The permit fees and charges made pursuant to Title 15 of the Rancho Palos Verdes Municipal Code shall be tripled, (not including fees for nonstructural fixture) when work requiring a permit has been started or continued or finished prior to obtaining permit. The triple fee shall be based on the structural permit fee, or square footage 'of remodel area, or a minimum fee as established pursuant to city council resolution. Section 3. The City Council finds that the adoption of this ordinance is exempt from having to comply with the requirements of CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) which states: "CEQA only applies to project which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." There is no possibility the City's activity in adopting this ordinance, which only involves correcting numerical section headings, will have a significant, adverse, effect on the environment. Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance No 672 Page 2 of 3 ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 5. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Rancho Palos Verdes, California, on this 1St day of August 2023. ft4,2.11.411.-0— Barbar erraro, Mayor ATTEST: eresa T7'oka, City, Clerk STATE-OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY`OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 672 was introduced by the City Council of said City at a regular meeting thereof held on July 18, 2023, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 1, 2023, and that the same was passed and adopted by the following roll call vote: AYES: Bradley, Cruikshank, Seo and Mayor Ferraro NOES: None ABSENT: Alegria ABSTAIN: None ity Clerk Ordinance No 672 Page 3 of 3 CITY OF RA\CHO PALOS VERDES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on August 1, 2023, she caused to be posted the following document entitled: ORDINANCE NO. 672, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CLARIFYING NUMERICAL SECTION HEADINGS IN CHAPTER 15.18 (ADMINISTRATIVE CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, a copy of which is attached hereto, in the following locations: City Hall Abalone Cove Shoreline Park 30940 Hawthorne Blvd. 5970 Palos Verdes Drive South Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. 4khcik.— City Clerk