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ORD 249U ORDINANCE NO. 249U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, UNIFORM MECHANICAL I/ CODE, UNIFORM PLUMBING CODE, UNIFORM HOUSING CODE, 1988 EDITIONS, AND NATIONAL ELECTRICAL CODE, 1987 EDITION AND MAKING AMENDMENTS TO SAID CODES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 15.04 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: 15.0 4.010. IdoptiQxl of Building Code,. Except as herein- after provided, the Uniform Building Code, 1988 edition, prepared by the International Conference of Building Officials and including Uniform Building Code Standards, 1988 edition, and including Chapters 1, 7, 11, 12, 23, 26, 32, 35, 38, 49, 51, 55, 57 , and 70 of the appendix to said Uniform Building Code are hereby adopted by reference as the Building Code of the City of Rancho Palos Verdes. A copy of the Uniform Building Code, 1988 edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be at all times maintained by said Clerk for use and examination by the public. 15.04.020. Administrative Provisions Deleted. Notwith- standing the provisions of Section 15.04.010, Chapters 1 , 2, and 3 of the Uniform Building Code, except for Sections 101, 102 , and 103 , are hereby deleted. ) 5.04 .030. Chapter 70 Amended. Notwithstanding the provisions of Section 15.04.010, Chapter 70 of the Appendix to the Building Code is amended by adding Sections 7016, 7017, 7018, and 7019 to read: Sec. 7016. STORM DAMAGE PRECAUTIONS No grading permit shall be issued for work to be commenced between October 1 of any year and April 15 of the following calendar year, when the Building Official finds the work may cause significant storm damage hazard, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to protect adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. I/ -2- If protective measures are required under this Section, and grading is begun on or after November 1, all protective measures shall be installed before grading is begun. All protective I/ measures shall be maintained in good working order until April 15 of the succeeding year, where grading is done between November 1 and December 31, or until April 15 of the same year where grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the Building Official. Sec. 7017. SECURITY REQUIRED A permit shall not be issued for grading involving more than 1000 cubic yards unless the owner shall first post with the City Engineer security in a form acceptable to the City. The amount of such security shall be based upon the estimated cost of the grading operation including all drainage and other protective devices, as determined by the City Engineer. The amount of such security shall be equal to 1 .1 times the estimated cost of the grading operation and all drainage and protective devices. Sec. 7018. STORM DAMAGE PRECAUTIONS, INCOMPLETE WORK I/ Where a grading permit is issued and the work is commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described -3- ORD. NO. 249U in Section 7010, and it appears on October 1 that the grading and installation of the permanent drainage devises as authorized by the permit will not be completed prior to November 1, and the Building Official finds the work may cause significant storm damage hazard, then on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the Building Official revised plans which include details of the protective measures described in and in all other respects follow the provisions of Section 7010. The revised plans required by this section shall be accompanied by an application for plan checking services and plan checking fees equal in amount of 10 percent of the original grading permit fee. Sec. 7019. STORM DAMAGE PRECAUTIONS, EFFECT OF NONCOMPLIANCE Should the owner fail to submit the plans or fail to provide the protective measures required by Sections 7016 and 7018 by the dates specified therein, it shall cause forfeiture of the grading permit security. Thereupon, the Building Official may enter the property for the purpose of installing, by city forces or by other means, the drainage and erosion control devices shown on the approved plans, or if there are no approved plans, as he or I/ -4- she may deem necessary to protect adjoining property from storm damage. The cost of such action shall be deducted from the grading permit security. Such a failure shall also constitute a I/ violation of the Building Code and may be prosecuted as provided in Section 15.04.040. 15.04.040. Penalty for violation. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or 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 the Building Code. B. Any person who violates any provision of the Building Code 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 by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. 15.04.050,. Fire Retardant Roofing Required. Notwith- standing the provisions of Section 15.04.010, Sections 1704 and 3203 of the Building Code are amended to read: -5- ORD. NO. 249U Sec. 1704. The roof covering on any structure regulated by this Code shall be as specified in Table No. 32-A and as classi- fied in Section 3204. I/ The roof covering assembly includes the roofdeck, underlayment, interlayment, insulation and covering which is assigned a roof-covering classification. Notwithstanding the specifications of Table No. 32-A and the classifications of Section 3204, however, the following regulations apply to new structures and to repairs of and additions to existing structures which repairs and additions require the replacement or installation of 25% or more of the total roof area of a structure within one 12-month period: (1) All wood shingles and wood shakes shall be treated and installed to meet or exceed a Class "C" rating. (2) Roof coverings located in areas designated as fire hazard zones on the "Fire Hazard Map" maintained by the Building Official in the Department of Environmental Services shall have a Class "B" or Class "A" Rating. -6- Sec. 3203 . The roof covering on any structure regulated by this Code shall be as specified in Table No. 32-A and as classified in Section 3204. The roof covering assembly includes the roofdeck, underlay- ment, interlayment, insulation and covering which is assigned a roof-covering classification. Notwithstanding the specifications of Table No. 32-A and the classifications of Section 3204, however, the following regula- tions apply to new structures and to repairs of and additions to existing structures which repairs and additions require the replacement or installation of 25% or more of the total roof area of a structure within one 12-month period: (1) All wood shingles and wood shakes shall be treated and installed to meet or exceed a Class "C" rating. (2) Roof coverings located in areas designated as fire hazard zones on the "Fire Hazard Map" maintained by the Building Official in the Department of Environmental Services shall have a Class "B" or Class "A" Rating. -7- ORD. NO. 249U 15.04.060. Section 1210(a) Amended. Notwithstanding the provisions of Section 15.04.010, subsection 1210(a) of the Building Code is amended by adding sub-section 4.5 to read: I/ Location near sleeping areas. 4.5 The smoke detectors required by this section to be placed in an area giving access to sleeping areas shall be located within twelve feet from the door of each room used for sleeping. 15.04.070. Section 3303 Amended. Notwithstanding the provisions of Section 15.04. 110, the Building Code is amended by adding subsection (f) to Section 3303 to read: (f) Interior Access. Interior access is required to any addition or remodel that adds 70 or more square feet of space to a dwelling unit. Section 2. Chapter 15.08 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: 15.08.010. Electrical Code Adopted. Except as hereinafter provided, the National Electrical Code, 1987 edition, prepared by -8- the National Fire Protection Association, is adopted by reference as the Electrical Code of the City of Rancho Palos Verdes. A copy of the National Electrical Code, 1987 edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be at all times maintained by said Clerk for use and examination by the public. 15.08.020,. Penalty for. Violation,. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or 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 the Electrical Code. B. Any person who violates any provision of the Electrical Code 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 by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not 'exceeding six months, or by both such fine and imprisonment. -9- ORD. NO. 249U Section 3 . Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: 15.12.010. Plumbing Code Adopted. The Uniform Plumbing Code, 1988 edition, prepared by the International Association of Plumbing and Mechanical Officials and including appendices A, B, C, D, E, H, and I, and including the Installation Standards is adopted by reference as the Plumbing Code of the City of Rancho Palos Verdes. A copy of the Uniform Plumbing Code, 1988 edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be at all times maintained by said Clerk for use and examination by the public. 15.12.020. Administrative Provisions Deleted,. Notwith- standing the provisions of Section 15.12.010, Part I of the Uniform Plumbing Code, except for Sections 10.1, 10.2, and 10.3 , is hereby deleted. 15.12.030,. Penalty for. Violation,. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or 1/ structure or building service equipment or perform any grading in -10- the City or cause or permit the same to be done, contrary to, or in violation of, any of the provisions of the Plumbing Code. B. Any person who violates any provision of the Plumbing Code 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 by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Section 4. Chapter 15.16 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: 15.16.010. Mechanical Code Adopted. Except as hereinafter provided, the Uniform Mechanical Code, 1988 edition, prepared by the International Association of Plumbing and Mechanical Officials and including appendices A, B, C, and D is adopted by reference as the Mechanical Code of the City of Rancho Palos Verdes. A copy of the Uniform Mechanical Code, 1988 edition, has been deposited in the office of the City Clerk of the City of Rancho -11- ORD. NO. 249U Palos Verdes and shall be maintained by said Clerk for use and examination by the public. 15.16.020. Administrative Provisions Deleted. Notwith- standing the provisions of Section 15.16.010, Chapters 1, 2, and 3 of the Uniform Mechanical Code, except Sections 101, 102 and 103, are hereby deleted. 15.16.030. Penalty for Violation. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or 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 the Mechanical Code. B. Any person who violates any provision of the Mechanical Code 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 by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. -12- Section 5. Title 15 of the Rancho Palos Verdes Municipal Code is amended by addition of Chapter 15.18 to read: I/ Chapter 15.18 Administrative Code 15. 18.010. Building Code Amended. Notwithstanding the provisions of Section 15.04.010, 15. 12.010, and 15. 16.010, the Building, Plumbing, and Mechanical Codes of the City of Rancho Palos Verdes are hereby amended to incorporate the provisions of the Uniform Administrative Code, 1988 edition, prepared jointly by the International Conference of Building Officials, the International Association of Plumbing and Mechanical Officers, and the International Association of Electrical Inspectors. A copy of the Uniform Administrative Code, 1988 edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be maintained by said Clerk for use and examination by the public. 15.18.020,. Liability. Notwithstanding the provisions of Section 15. 18.010, the second sentence of the first paragraph of Section 202(i) of the Administrative Code is amended to read: -13- ORD. NO. 249U Any suit brought against the Building Official or any employee or agent of the City because of such act or omission performed in the enforcement of any provision of such codes or other pertinent laws of ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City. 15.18.030. Appeals. Notwithstanding the provisions of Section 15.18.010, Section 204(a) of the Administrative Code is amended to read: Sec. 204(a) 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 Conference of Building Officials. The Plumbing and Mechanical Codes shall be interpreted by the International Association of Plumbing and Mechanical Officials or their 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 interpreta- tion shall be paid by the applicant. -14- 15. 18.040. Retaining Walls Exempted,. Notwithstanding the provisions of Section 15.18. 010, Section 301(b)1.E of the I/ Administrative Code is amended to read: E. Retaining walls which are not over 3 1/2 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 15.18.050. Expiration of Permits. Notwithstanding the provisions of Section 15.18.010, Section 303(d) of the Administrative Code is amended to read: (d) Expiration. Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or if the permittee fails to obtain an inspection and approval required by Section 305 for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one half the amount required for an original permit for such work, I/ provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one -15- ORD. NO. 249U year. In such event, the permittee shall pay the full permit fee. Any permittee holding an unexpired permit may apply for an I/ extension of the time within which to commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.18.060,. Plan Review Fees. Notwithstanding the provi- sions of Section 15.18.010, the Administrative Code is amended by amending Section 304(c) to read: (c) Plan Review Fees. When a plan or other data are required to be submitted by subsection (c) of Section 302, a plan review fee shall be paid when plans and specifications are submitted for review. This plan review fee for buildings or structures shall be 80 percent of the building permit fee as shown in Table No. 3-A I/ -16- The plan review fees for electrical , mechanical and plumbing work shall be equal to 40 percent of the total permit fee as set forth in Tables Nos. 3-B, 3-C and 3-D. I/ The plan review fee for grading work shall be as is set forth in Table No. 3-G. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Tables Nos. 3-A through 3-G. 15.18.070. Investigation Fee. Notwithstanding the provi- sions of Section 15.18.010, Section 304(a) (2) of the Administrative Code is amended to read: 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be as set forth in Tables 3-A through 3-H. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this Code or the technical codes nor from any penalty or other fee prescribed by law. 15. 18.080. Permit Fees,. Notwithstanding the provisions of Section 15 . 18 .010, Tables 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and -17- ORD. NO. 249U 3-H of the Administrative Code are amended to provide that the fees shall be as set from time to time by the City Council. 15.18.090. Required Building Inspections. Notwithstanding the provisions of Section 15.18.010, Section 305(d) of the I/ Administrative Code is amended to read: (d) Approval Required. Work shall not be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. Such approval shall be given only after an inspection has been made on each successive step in the construc- tion as indicated by each of the inspections required in subsection (e) . There shall be a final inspection and approval on all buildings when completed and ready for occupancy, provided, however, that no such approval shall be given to any new dwelling unit, new commercial building, or new industrial building until there has been full compliance with all requirements of this Code and of Chapter 3 .20 of the Rancho Palos Verdes Municipal Code, including payment of the environmental excise tax provided for therein. Upon such compliance the final inspection approval and Certificate of Occupancy shall be issued concurrently by the Building Official . -18- 15.18.100. Certificate of Occupancy Issued. Notwithstand- ing the provisions of Section 15.18.010, Section 308(c) of the I/ Administrative Code is amended to read: (c) Certificate Issued. When it is found after final inspection that the building or structure complies with the provisions of the technical codes and all relevant laws, ordinances, rules, regulations, and conditions of approval, the Building Official shall issue a Certificate of Occupancy which shall contain the following: 1. The building permit number. 2. The name and address of the building. 3. The name and address of the owner. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building complies with the requirements of this Code and the technical codes for the group and division of occupancy and the use for which the proposed occupancy is classified. I/ 6. The name of the Building Official. -19- ORD. 249U 15.18.110. Prohibited Use of Building Sites. Notwithstand- ing the provisions of Section 15. 18.010, Chapter 3 of the Administrative Code is amended by adding Sections 309, 310, 311, 312 , 313 , 314, 315, 316, 317, 318, and 319 to read: I/ Sec. 309. Offsite Geological and Geotechnical Hazards,. No certificate of occupancy or permit under this title shall be issued under the provisions of this Chapter when the Building Official finds that the proposed work on, or change in use of, the site for which the permit is requested could activate or accelerate a geological or geotechnical hazard that could damage other property. Sec. 310. Geological and Geotechnical Hazards. Work requiring a certificate of occupancy or a permit under this title is not permitted in an area determined by the Building Official to be subject to hazard from any variety of landsliding or settlement or slippage except as allowed by Sections 312, 313, 314, and 315. These hazards include, but are not limited to, loose debris, slopewash, and potential mudflows from natural or graded slopes. Sec. 311. Geological and Geotechnical Reports,. The I/ Building Official may require a geological or geotechnical report, or both, when there is evidence of geologic instability -20- on the subject property or on neighboring property and such reports are necessary for proper evaluation of the proposed work or use of the site. A geological report shall be prepared by a I/ certified engineering geologist licensed by the State of California. A geotechnical report shall be prepared by a registered engineer. Every report shall contain a finding regarding the safety of the site for the proposed structure or use against hazard from any variety of landsliding or settlement or slippage and a finding regarding the effect the proposed building, grading, construction, and use of the site will have on the geological stability of property outside the site. When both a geological and a geotechnical report are required for the evaluation of the safety of a site, the two reports shall be coordinated before submission to the Building Official. Sec. 312. Safe Site. A certificate of occupancy or permit under this title may be issued if the reports required by the Building Official , pursuant to Section 310, contain information sufficient to satisfy the Building Official that: A. The proposed work on or use of the site will not adversely affect property by activating or accelerating a I/ geological hazard; and B. The site is not subject to a geological hazard. -21- ORD. NO. 249U Sec. 313 . Hazard EliAinated. A certificate of occupancy or permit under this title may be issued only if the reports required by Section 311 contain sufficient information to satisfy the Building Official that all geological or geotechnical hazards I/ will be eliminated prior to use or occupancy of the land or structure by modification of topography, reduction of subsurface water, buttresses, or by other means or combination of means sufficient to provide a factor of safety of not less than 1.5 to 1. Sec. 314. Pools and Spas. Subject to the provisions of Section 309, a certificate of occupancy or permit under this title may be issued for pools, spas or fish ponds with a capacity less than 2 ,000 gallons of water provided: A. The applicant signs and records with the Los Angeles County Registrar-Recorder a statement in a form approved by the City Attorney that he or she is the owner of the real property and that he or she is aware that the records of the Building Official indicate the property is subject to a physical hazard of a geological nature; and, B. The applicant signs and records an agreement in a I/ form approved by the City Attorney releasing the City and all -22_ officers, employees, and agents thereof from any liability for any damage or loss which may result from issuance of such permit. I/ Sec. 315. Outdoor Improvements. Subject to the provisions of Section 309, a certificate of occupancy or permit under this title may be issued for outdoor improvements including, but not limited to, patios, decks or gazebos covering not more than 400 square feet. Sec. 316. Repairs and Alterations in Areas of Potential Geological Hazard. Subject to the provisions of Section 309, a certificate of occupancy or permit under this title may be issued in the following cases when the applicant seeks only to alter, repair, or replace existing facilities with no change in grade. A. MINOR ALTERATIONS OR REPAIRS OF CONDITIONS WHICH ARE NOT DUE TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL CONDITIONS: A certificate of occupancy or permit under this title may be issued when the application is for alteration or repair or both not exceeding twenty-five percent (25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and the alterations or repairs are not required due to damage from a geological hazard. -23- ORD. NO. 249U B. MAJOR ALTERATIONS OR REPAIRS OF CONDITIONS WHICH ARE NOT DUE TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL CONDITIONS: Subject to the conditions set forth in Section 314.A & 314.8, a certificate of occupancy or permit under this title may be issued when the application is for alteration I/ or repair work exceeding twenty five percent ( 250) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and the alterations or repairs are not required due to damage from a geological hazard. C. MINOR REPAIRS OF CONDITIONS DUE TO UNDERLYING GEOLOGIC CONDITIONS: Subject to the conditions set forth in Section 314.A & 314.B, a certificate of occupancy or permit under this title may be issued when the application is for repair work not exceeding twenty five percent ( 25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and repairs are required due to damage from a geological hazard. Sec. 317. Expert Advice. In carrying out his or her duties pursuant to this Chapter, the Building Official may consult with and rely upon the advice of a certified engineering geologist, I/ geotechnical engineer, or other person with relevant expertise. -24- Sec. 318. Fills Containing Decomposable Material. Building or grading permits shall not be issued for buildings or structures regulated by this Code located within 1 ,000 feet of I/ fills containing rubbish or other decomposable material unless the fill is isolated by approved natural or man-made protective systems or unless designed according to the recommendations contained in a report prepared by a licensed civil engineer. Such report shall contain a description of the investigation, study, and recommendation to minimize the possible intrusion, and to prevent the accumulation, of explosive concentrations of decomposition gases within or under enclosed portions of such buildings or structures. At the time of the final inspection, a licensed civil engineer shall furnish a signed statement attesting that the building or structure has been constructed in accordance with his or her recommendations as to decomposition gases. Buildings or structures regulated by this Code shall not be constructed on fills containing rubbish or other decomposable material unless provision is made to prevent damage to structures, floors, underground piping, and utilities due to uneven settlement of the fill. -25- ORD. NO. 249U Sec. 319 . Flood Hazards. Buildings are not permitted in an area determined by the Building Official to be subject to flood hazard by reason of inundation, overflow, or erosion. Buildings and other structures shall be placed on a site so that water or mud flow will not be a hazard to the building or to adjacent property. Minor structures which are not intended for human habitation such as fences, trellises, patios, decks, spas, pools, and sheds may be placed in flood hazard areas provided: A. Such placement will not increase the hazard to adjacent property from inundation, erosion, or related causes. B. Prior to issuance of a permit for such minor structure the owner shall sign and record with the Los Angeles County Registrar-Recorder a statement in a form approved by the City Attorney that the applicant is the owner of the property and is aware that the records of the Building Official indicate that the property is subject to flood hazard by reason of inundation, overflow, or erosion. C. The applicant signs and records an agreement in a form approved by the City Attorney releasing the City and all -26- officers, employees, and agents thereof from any liability for damage or loss which may result from issuance of such permit including damage to the minor structure authorized by the permit. II15.18.120,. Penalty. for Violation,. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or 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 the Administrative Code. B. Any person who violates any provision of the Admini- strative Code 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 by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Section 6. Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended by amending Sections 15.20.050.G, 15.20.050.I, and 15.20.080 and by adding Section 15. 20.090 to read: -27- ORD. NO. 249U G. The City Council may also approve exemption of minor projects not involving new buildings other than one detached garage per parcel not exceeding an area of six hundred square feet, without windows, with water service and drainage limited to minor fixtures (no bathroom or kitchen fixtures) and approved through the building permit process, provided that sufficient geological and/or geotechnical information is submitted by the applicant and approved by the City geotechnical staff indicating that the project will not aggravate the existing situation and a use restriction covenant preventing the garage from being used for any purpose other than parking of vehicles and storage of personal property approved by the Director of Environmental Services is recorded with the Los Angeles County Registrar- Recorder. I. Construction of temporary minor nonresidential struc- tures which do not increase water use, provided that sufficient geological and/or geotechnical information is submitted by the applicant and approved by the City geotechnical staff indicating that the project will not aggravate the existing situation. 15.20.080. Building Code Applicability - Nonsuit Covenant Required. The Building Code, as amended, and existing plan review procedures are adequate and appropriate to allow and -28- regulate maintenance, repair, restoration, replacement, and alteration as defined in this Chapter. The Administrative Code, including Sections 309 through 319 as added by Section 15.18.110, applies and permits are required. A nonsuit covenant must be filed with the City releasing the City of responsibility related to whatever hazard may exist. 15. 20.090. Landslide Mitigation Measures Required,. Within the "landslide moratorium area" as identified in §15.20.020, the Building Official shall require that appropriate landslide abatement measures be taken as a condition of permit issuance. Such measures shall include, but not be limited to: A. All lot drainage deficiencies, if any, identified by the Director of Public Works shall be corrected. B. Septic systems shall be replaced with approved holding tank systems in which to dispose of on-site waste water or other approved ground water mitigation measures of equivalent effectiveness shall be implemented. C. Roof runoff from all buildings and structures on the site shall be contained and directed to the street or an approved drainage course. D. An agreement to support and participate in sewer and storm drain assessment districts and other geological -29- ORD. NO. 249U and geotechnical hazard abatement measures shall be signed by the applicant. Section 7. Title 15 of the Rancho Palos Verdes Municipal Code is amended by adding Chapter 15.28 to read: I/ Chapter 15.28, Housing Code 15.28.010. Uniform Housing Code. Except as hereinafter provided, the Uniform Housing Code, 1988 edition, prepared by the International Conference of Building Officials is adopted by reference as the Housing Code of the City of Rancho Palos Verdes. A copy of the Uniform Housing Code, 1988 edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be maintained by said Clerk for use and examination by the public. 15.28.020. Appeals. Notwithstanding the provisions of Section 15. 28.010, Section 203 of the Housing Code is amended to read: Sec. 203,. In the event an appeal from a decision of the Building Official regarding interpretation of the technical codes -30- is requested, the Building Official shall seek a code interpretation by the appropriate code-writing organization. The Building Code shall be interpreted by the Conference of Building Officials. The Plumbing and Mechanical Codes shall be interpreted by the International Association of Plumbing and Mechanical Officials or their designated agent. The Electrical Code shall be interpreted by the National Fire Protection Association. The interpretation of the code-writing organization shall govern. 15. 28.030. Penalty for Violation,. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or 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 the Housing Code. B. Any person who violates any provision of the Housing Code 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 by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. -31- ORD. NO. 249U 15. 28 .040. Substandard Buildings. Chapter 10 of the Uniform Building Code is amended to read as is set forth in Section 17920.3 of the Health and Safety Code of the State of California. A current copy of Section 17920.3 of the Health and Safety Code of the State of California has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be maintained by said Clerk for use and examination by the public. Section 8. Title 15 of the Rancho Palos Verdes Municipal Code is amended by adding Chapter 15.24 to read: Chapter 15.24 Dangerous Buildings 15. 24.010,. Building Code Amended. Notwithstanding the provisions of Section 15.04.010, the Building Code is hereby amended to incorporate the provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1988 edition, prepared by the International Conference of Building Officials. A copy of the Uniform Code for the Abatement of Dangerous Buildings, 1988 edition, has been deposited in the office of the -32- City Clerk of the City of Rancho Palos Verdes and shall be maintained by said Clerk for use and examination by the public. I/ 15.24.020. Appeals. Notwithstanding the provisions of Section 15.24.010, Section 205(a) of the Dangerous Buildings Code is amended to read: Sec 205(a),. 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 Conference of Building Officials. The Plumbing and Mechanical Codes shall be interpreted by the International Association of Plumbing and Mechanical Officials or their designated agent. The Electrical Code shall be interpreted by the National Fire Protection Association. The interpretation of the code-writing organization shall govern. 15.24.030. Penalty for Violation,. A. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or building service equipment or perform any grading in the City or cause or permit the same to be done, contrary to, or -33- ORD. NO. 249U in violation of, any of the provisions of the Dangerous Building Code. B. Any person who violates any provision of the Dangerous Building Code shall be deemed guilty of a misdemeanor, and shall I/ 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 by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Section 9. The modifications to the Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Housing Code enacted by this Ordinance are merely a continuation of the Rancho Palos Verdes Building, Electrical , Plumbing, Mechanical, and Housing Codes, and all the changes and modifications to such Codes, whether previously enacted or contained in this ordinance, are reasonably necessary because of local climactic, geological, and topographical conditions. In particular, the modifications regarding storm drainage precautions stated in §15.04.030 are reasonably necessary because of the local climate which is characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains. These -34- conditions, combined with the geological characteristics of the Palos Verdes peninsula, which includes historic and active landslides, require regulation of grading operations to prevent I/ damage to occupants of other property and users of public ways. Grading operations in the City, which is a mountainous area that is already heavily developed, are likely to create hazardous conditions. Accordingly, the Council finds the provisions of §15.04.030 to be necessary for the protection of the public health, safety, and welfare. The fire safety regulations added by §15.04.050, 15.04.060, and 15.04.070 are necessitated by the climactic conditions stated above which make structures in the City particularly vulnerable to rapidly spreading, wind-driven fires. The City's zoning ordinances promote the preservation of grasslands and canyon lands. Grass fires are a frequent and natural part of Southern California's ecosystem. Structures located near grasslands require additional protection against ignition from flying embers. Houses in the City are very large and the requirement imposed by §15.04.060 is required because smoke detectors must be audible to be useful. Accordingly, the Council finds the provisions of §§15.04.050 , 15.04.060 and 15.04.070 necessary for the protection of the public health, safety, and welfare. -35- ORD. NO. 249U The amendment to §202(1) of the Administrative Code stated in §15. 18.020 is necessitated by the fact the City, unlike larger municipalities, often obtains contract services to assist its own staff in administering the building codes in a manner consistent with the City's experience with local climactic, geological , and I/ topographical conditions and to the resources of staff obligated to perform time-consuming inspections and analyses required by the City's geological hazards. The changes effected by §§ 15. 18.010-15.18.100, 15.18.120, and 15.24.020 are necessary to allow the uniform administration of the building 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 climactic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analyses required by the City's geological hazards. Sections 15. 18.110 and 15.20.090 adopt specific precautions against geological, geotechnical, and flood hazards necessitated by the local climate as described above which makes flooding more likely than elsewhere in the state, by the City's proximity to active earthquake fault zones, including the Palos Verdes Fault, I/ and the existence of historic and active landslides on the Palos Verdes Peninsula. This mountainous community has an extensive -36- history of ground failures which necessitates regulation of construction in areas subject to geological hazard. New constructions or additions in an active landslide area must be I/ regulated to assure the slide will not be exacerbated, and if possible, will be improved. The factors require specific and greater protections than are afforded by the Uniform Codes. I -37- ORD. NO. 249U Section 10. State law requires localities to adopt the Uniform Building Codes, and any modifications thereto, by December 28, 1989. It is essential that the City have in effect on that date building codes that comport with state law and I/ contain modifications necessitated by local topographical, geological, and climactic conditions. In the absence of immediately effective legislation, building codes adequate to the City's special circumstances will not be in place and a hazard will be posed which would threaten the public health, safety, and welfare. Accordingly, this ordinance must take effect without delay. This is an urgency ordinance and shall take effect immediately. It shall be enforced in a manner consistent with § 18941.5(b) of the Health and Safety Code of the State of California. PASSED, APPROVED and ADOPTED this 22nd day of December , 1989. / 1 1 f %' •�YOR • R ty C erk ST4 E OF CALIFORNIA COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES) I , JO PURCELL, 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, being Ordinance No. 249U, was duly and regularly adopted by the City Council of said City at a regular meeting hereof held on December.22 , 1989 and the same was passed and adopted by the following roll call vote: AYES: McTAGGART, HINCtiLIFFE, RYAN AND MAYOR HUGHES NOES: NONE //if ABSTAIN: NONE ABSENT: BACHARACH �j a ` ;, 2 , CIT CLERK -38- CIT, OF RANCHO PALOS VERDES ORD. 249U 6z,# 144- -Y4 RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, desposes and says : That at all times herein mentioned, she was and now is the duly qualified City Clerk of the City of Rancho Palos Verdes , Y y California: That on the day of . (2,) / , l99 , she caused to be posed in thre conspicuous places , as required by law the following : . d. aletaiec, ..114(zat ' j„ / '41 •l_ .a i. gt� % .� s _ LEI'{. - • lee.‘ 41111F*'7 a copy of w ich is attached ereto , in the following public places in the City: CITY HALL RANCHO PALOS VERDES 30940 HAWTHORNE BOULEVARD, CALIFORNIA 90274 LOS ANGELES COUNTY FIRE STATION MIRALESTE STATION 4000 MIRALESTE PLAZA RANCHO PALOS VERDES, CALIFORNIA 90274 U. S. POST OFFICE 28649 SOUTH WESTERN AVENUE • RANCHO PALOS VERDES, CALIFORNIA 90732 I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting . III J,1 PURCELL, CMC I Y CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360