CC SR 20191015 07 - 2019 Building Code Adoption
RANCHO P ALOS VERDES CIT Y COUNCIL MEETING DATE: 10/15/2019
AGENDA REPORT AGENDA HE ADING: Regular Business
AGENDA DESCRIPT ION:
Consideration and possible action to introduce an ordinance adopting the 2019
California Building Standards Code and to adopt a resolution making certain
findings to modify the 2019 California Building Code.
RECOMMENDED COUNCIL ACTION:
(1) Introduce ORDINANCE NO.__, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADOPTING BY REFERENCE THE 2019 CALIFORNIA
BUILDING STANDARDS CODE W HICH INCLUDES THE 2019 EDITION OF
THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING
STANDARDS, PLUMBING, ELECTRICAL AND MECHANICAL CODES, W HICH
ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS;
CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING
CODE; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS 1997 EDITION; THE UNIFORM HOUSING CODE 1997 EDITION;
AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018
EDITION, W ITH APPENDICES AND AMENDMENTS THERETO; AND,
AMENDING TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE;
(2) Adopt Resolution No. 2019-__, making express findings and determinations that
the modifications to the 2019 California Building Code are reasonably necessary
because of local climatic, geological and topographical conditions; and,
(3) Continue this matter to a duly-noticed public hearing on November 6, 2019 for
adoption of the draft ordinance.
FISCAL IMP ACT : None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIG INATED BY: Sal Kaddorah, P.E., M.S., Interim Building Official SK
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug W illmore, City Manager
ATT ACHED SUPPORT ING DOCUMENT S:
A. Ordinance No. (page A-1)
B. Resolution No. 2019- (page B-1)
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BACKGROUND AND DISCUSSION:
2019 California Building Standards Code
On July 1, 2019, the California Building Standards Commission (CBSC) published the
new California Building Standards Code (2019 Code).The 2019 Code is a compilation
of building standards that apply to all types of construction in California. Any City may
establish more restrictive building standards than those in the 2019 Code if a City finds
that the more-stringent standard or “local amendment” is necessary because of local
climatic, geological or topographical conditions. However, if a City fails to adopt its own
more-restrictive standards, the codes published by the state become the City’s codes
on January 1, 2020.Therefore, the City has until December 31, 2019 to adopt the 2019
Code with its own local amendments.
The Council is being asked to adopt the 2019 Code by reference, including the same
local amendments that the City has adopted in the past. The attached ordinance
(Attachment A) to be introduced this evening adopts by reference the 2019 Code
which consists of the California Building Code, California Residential Code, California
Green Building Standards Code, California Electrical Code, California Mechanical
Code, and California Plumbing Code, the 1997 Uniform Housing Code, the 2018
International Property Maintenance Code, the 1997 Uniform Code for the Abatement
of Dangerous Buildings, and Chapter 7A of Title 26 of the Los Angeles County
Building Code. Some of the new noteworthy requirements contained in the 2019 Code
include:
Requirements of electrical vehicle charging infrastructure for new parking
areas and additions to existing parking
Minimum requirements for use of trees to provide shade to surface
parking areas, as well as landscape and hardscape areas
Robust energy standards to enhance energy efficient design for
residential and commercial structures
The alignment of the engineering requirements, for support and
anchorage of roof top solar panels, with industry standards
In past years, the Los Angeles County Fire Code (Fire Code) has also been adopted
in conjunction with the new California Building Standards Code. However, Fire Code
adoption is not included with this ordinance since it has yet to be adopted by the
County. Staff expects to present the Fire Code and local amendments for the City
Council’s consideration at a future public hearing.
Local Amendments to the California Building Code
The Health and Safety Code allows cities to impose requirements to reflect local
conditions provided that certain findings and determinations can be made due to
local climatic, geographic, or topographic conditions. The attached resolution
(Attachment B) contains the existing local amendments that have been adopted by
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the City Council in the past that are to be included in the 2019 Code. These local
amendments address such issues as geotechnical hazards, strength of concrete,
and grading.
Adoption Process
W hen adopting a code by reference, State law requires that the City Council schedule
a public hearing after the first reading of the ordinance. This public hearing can occur
in conjunction with the second reading of the ordinance. Pursuant to Government
Code Section 50022.3, the public hearing notice must be published once a week for
two successive weeks, with at least five days between the publications dates. If there
is no newspaper of general circulation (as is the case in the City), the notice is posted
for two consecutive weeks. Accordingly, public notice of the November 6, 2019, public
hearing was published in the Palos Verdes Peninsula News on October 10, 2019, and
will be published on October 17, 2019. In addition, the City Clerk is required to keep on
file a copy of the code to be adopted for at least 15 days before the public hearing.
The introduction of the ordinance adopting the 2019 Code with local amendments
is presented to the City Council this evening, with the public hearing and scheduled
adoption set for November 6, 2019. Any changes to the ordinance requested by
the City Council will be presented for adoption at the public hearing.
ALT ERNATIVES:
In addition to the Staff recommendations, the following alternative action is available
for the City Council’s consideration:
1. Direct Staff to add, modify, or eliminate specific local amendments to
the new state codes.
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ORDINANCE NO. ___
AN ORDIN ANCE OF THE CITY OF RANCHO P ALOS VERDES ADOPTING
BY REFERENCE THE 2019 EDITION OF THE CALIFORNIA BUILDING,
RESIDENTIAL, GREEN BUILDING STAND ARDS, PLUMBING, ELECTRICAL,
AND MECHANICAL CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, CHAPTER 7A OF TITLE 26 OF THE
LOS ANGELES COUNTY CODE, THE UNIFORM CODE FOR THE
AB ATEMENT OF DANGEROUS BUILDINGS 1997 EDITION, THE UNIFORM
HOUSING CODE 1997 EDITION, AND THE INTERNATION AL PROPERTY
M AINTENANCE CODE, 2018 EDITION, WITH APPENDICES AND
AMENDMENTS THERETO; AND AMENDING THE RANCHO PALOS
VERDES MUNICIPAL CODE
W HEREAS, Section 17958 of the California Health and Safety Code provides that
if a city does not amend, add, or repeal ordinances or regulations to impose the same
requirements as are contained in the provisions adopted pursuant to Section 17922 of
said Health and Safety Code and published in the State Building Standards Code and the
other regulations adopted pursuant to Section 17922, or make changes or modifications
in those requirements upon express findings, the provisions promulgated pursuant to
Section 17922 shall be applicable to it and shall become effective 180 days after
publication; and
W HEREAS, the City of Rancho Palos Verdes (the “City”) will, by virtue of the
above-referenced state law, automatically adopt various state codes that make up the
California Building Standards Code including the California Building Code, the California
Electrical Code, the Mechanical Code and the California Plumbing Code; and
W HEREAS, Health and Safety Code Section 17958 provides that the City may
adopt ordinances and regulations imposing the same or modified requirements as are
contained in the regulations adopted by the State pursuant to Health and Safety Code
Section 17922; and
W HEREAS, the City now desires to amend the Rancho Palos Verdes Municipal
Code to reflect the adoption of these state codes and amendments as contained herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.04 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
Chapter 15.04 BUILDING CODE
Sections:
15.04.010 Building Code adopted.
15.04.020 Building Code amended—Administrative provisions.
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15.04.030 Building Code amended—Storm drain precautions.
15.04.040 Building Code amended—Specialized foundation
requirements.
15.04.050 Building Code amended—Pools and spas.
15.04.070 Renewable energy systems.
15.04.080 Construction indoor air quality.
15.04.010 Building Code adopted.
Except as hereinafter provided, the California Building Code, 2019 Edition (Part 2 of Title
24 of the California Code of Regulations), based on the 2018 International Building Code
as published by the International Code Council, including Appendices F and J thereto,
the California Residential Code, 2019 Edition (Part 2.5 of Title 24 of the California Code
of Regulations), based on the 2018 International Residential Code as published by the
International Code Council which incorporates and amends the International Residential
Code, the California Green Building Standards Code, 2019 Edition (Part 11 of Title 24 of
the California Code of Regulations), as published by the California Building Standards
Commission, and Chapter 7A ([For SFM] Materials and Construction Methods for Exterior
W ildf ire Exposure) of Title 26 (Building Code) of the Los Angeles County Code, are
hereby collectively adopted by reference as the Building Code of the City of Rancho
Palos Verdes. A copy of the Building Code shall be maintained in the office of the city
clerk and shall be made available for public inspection while the code is in force.
15.04.020 Building Code amended—Administrative provisions.
The administrative provisions governing the Building Code of the City shall be as set forth
in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this title.
15.04.030 Building Code amended—Storm drain precautions.
Notwithstanding the provisions of Section 15.04.010, Section 3314 is added to the
Building Code to read:
SECTION 3314
STORM DAM AGE PRECAUTIONS
General. No grading permit and/or building permit shall be issued for work
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.
Security required. A permit shall not be issued for grading involving more
than 1000 cubic yards (sum of cut and fill) 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
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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.
Incomplete work. W here a grading permit and/or building permit is issued
and the work is commenced and the Building Official finds the work has or
may cause damage or hazard, the owner of the site on which the grading
and/or building 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
3314.1.
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 fee as set forth in
the established fee resolution.
Effect of noncompliance. Should the owner fail to submit the plans or fail
to provide the protective measures required by Sections 3314.1 and 3314.3 by
the dates specified therein, it shall cause forfeiture of the grading permit
security. Thereupon, the City Engineer 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 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 violation of the Building Code
and may be prosecuted as provided in Section 15.18.040 of this Title.
15.04.040 Building Code amended—Specialized foundation requirements.
Notwithstanding the provisions of Section 15.04.010, Section 1805.5 is added to read:
1805.5 Major alterations or repairs of existing buildings or structures (excluding
demolition and replacement). This section shall apply only to the active landslide areas
of the Portuguese Bend Landslide and the Abalone Cove Landslide, as determined by
the City Geologist and depicted on the attached map (see Exhibit "A") and shall not apply
in other areas of the City or other portions of the Landslide Moratorium Area. A certificate
of occupancy or permit under this title may be issued provided:
1. The Building Official will require a Structural Engineering report and design
prepared by a Structural Engineer licensed by the State of California.
Material specifications shall be minimum concrete f'(c)=4000 psi,
reinforcing steel ASTM A-615 grade 40 or 60, and continuous inspection
by a special inspector is required. Alternate materials shall be subject to
approval of the Building Official. Prestressed concrete is not permitted
without special approval from the Building Official.
2. Every existing building or structure shall have a structural framework
designed to distribute the load of the building uniformly over the entire
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footprint of the building. The structural framework is designed by
determining the total weight of the building and dividing that weight by
the area of the building. At the discretion of the Building Official, the soil
pressure may be considered as a load and the walls and columns may be
considered as reactions. At a minimum, one end bearing wall shall be fixed
to the ground by a foundation, at least at one point. All other portions of the
structural framework may be supported by adjustable means approved by
the Building Official. The structural framework shall be designed to span
between all supports.
3. 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 geologic nature.
4. The applicant signs and records an agreement in a form approved by the
City Attorney releasing the City and all officers, contract employees,
consultants, employees, and agents thereof from any liability for any
damage or loss which may result from issuance of such permit.
5. The applicant shall demonstrate that the proposed work on the site or use
of the site shall:
a. not adversely affect property by accelerating a geologic hazard; and
b. have sufficient distance to any other structure to preclude damage in
the instance of failure, as determined by the Building Official.
6. The applicant shall identify and correct any deficiencies in on-site
drainage and sanitary disposal. If the property is not served by sanitary
sewers, the applicant shall submit for recordation a covenant, which is
satisfactory to the City Attorney, agreeing to support and participate in
existing or future sewer and/or storm drain assessment districts and any
other geological and geotechnical hazard abatement measures required by
the City. Such covenant shall be submitted to the director prior to the
issuance of a building permit.
7. The Building Official shall require a geologic report and geotechnical report.
Any such geological reports shall be prepared by a certified engineering
geologist licensed by the State of California. Any such geotechnical reports
shall be prepared by a registered Civil Engineer or soils engineer who is
qualified to perform this work. Every report shall contain a finding regarding
the effect of the structure or use upon the geological stability of the site
and properties outside of the subject property. W hen both a geological and
a geotechnical report are required for the evaluation, the two reports shall
be coordinated before submission to the Building Official.
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8. This section shall not be interpreted to supersede or waive any other permit
or approval required by the Rancho Palos Verdes Municipal Code,
including, without limitation, the provisions of Chapter 15.20.
15.04.050. Building Code amended—Pools and spas.
Notwithstanding the provisions of Section 15.04.010, the first sentence of Section
3109.4.1 is amended to read:
The top of the barrier shall be not less than 60 inches (1524 mm) above grade measured
on the side of the barrier that faces away from the swimming pool.
15.04.070 Renewable energy systems.
A. Notwithstanding the provisions of Section 15.04.010 of this chapter, new homes
and major remodels, whereby more than fifty percent of the existing interior and/or
exterior walls are removed, shall provide a roof layout plan that illustrates how future
installation of a photovoltaic system and/or solar water heating system could be
accommodated. The property owner shall only be required to provide for the
installation of one system. The following requirements for each system are as follows:
1. Photovoltaic Systems. Installation of conduit leading from an exterior south -
facing, east-facing or west-facing roof, where a minimum of four hours of direct
sunlight is achieved, to a stubbed junction box next to the electrical panel. All
exposed conduit shall be capped and provided with adequate flashing. The
conduit shall not be located on or in the direction of a north -facing roof. Roof
reinforcements shall be addressed at the time of installation.
2. Solar W ater Heating System. Installation of three-fourths inch hot and cold
copper water pipes from a south-facing, east-facing or west-facing roof, where
a minimum of four hours of direct sunlight can be achieved, to an existing
water heater/tank. Both ends of the three-fourths inch copper pipes shall
be stubbed out and shall not be located on or in the direction of a north-facing
roof. All exposed pipes shall be capped and provided with adequate
flashing. Roof reinforcements shall be addressed at the time of installation.
15.04.080. Construction indoor air quality.
Notwithstanding the provisions of Section 15.04.010 of this chapter, projects shall
provide a construction indoor air quality management plan on construction drawings or
in the general notes that shall include protecting ducts during construction and changing
the f ilters and vacuuming ducts prior to occupancy.
SECTION 2. Chapter 15.08 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
Chapter 15.08 ELECTRICAL CODE
Sections:
15.08.010 Electrical Code adopted.
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15.08.020 Electrical Code amended—Administrative provisions.
15.08.010 Electrical Code adopted.
Except as hereinaf ter provided, the California Electrical Code, 2019 Edition (Part 3 of
Title 24 of the California Code of Regulations), which incorporates and amends the
National Electrical Code, 2017 Edition, published by the National Fire Protection
Association, is hereby adopted by reference as the Electrical Code of the City of Rancho
Palos Verdes. A copy of the Electrical Code of the city shall be maintained in the office
of the city clerk, and shall be made available for public inspection while the code is in
force.
15.08.020 Electrical Code amended—Administrative provisions.
The administrative provisions governing the Electrical Code of the City shall be as set
forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this title.
SECTION 3 Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
Chapter 15.12 PLUMBING CODE
Sections:
15.12.010 Plumbing Code adopted.
15.12.020 Plumbing Code amended—Administrative provisions.
15.12.01 Plumbing Code adopted.
Except as hereinafter provided, the California Plumbing Code, 2019 Edition (Part 5 of
Title 24 of the California Code of Regulations), which incorporates and amends the
Unif orm Plumbing Code, 2018 Edition, published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted by reference as the Plumbing Code
of the City of Rancho Palos Verdes. A copy of the Plumbing Code of the city shall be
maintained in the office of the city clerk and shall be made available for public inspection
while the code is in force.
15.12.020 Plumbing Code amended—Administrative provisions.
The administrative provisions governing the Plumbing Code of the city shall be as set forth
in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this title.
SECTION 4. Chapter 15.16 of Title 15 of the Rancho Palos Verdes Municipal
Code is amended to read:
Chapter 15.16 MECHANIC AL CODE
Sections:
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15.16.010 Mechanical Code adopted.
15.16.020 Mechanical Code amended—Administrative provisions.
15.16.010 Mechanical Code adopted.
Except as hereinafter provided, the California Mechanical Code, 2019 Edition (Part 4
of Title 24 of the California Code of Regulations), which incorporates and amends the
Uniform Mechanical Code, 2018 Edition, published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted by reference as the Mechanical
Code of the city of Rancho Palos Verdes. A copy of the Mechanical Code of the city
shall be maintained in the office of the city clerk and shall be made available for public
inspection while the code is in force.
15.16.020 Mechanical Code amended—Administrative provisions.
The administrative provisions governing the Mechanical Code of the city shall be as
set forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation
and penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this title.
SECTION 5. Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal
Code is hereby amended to read:
Chapter 15.18 ADMINISTR ATIVE CODE
Sections:
15.18.010 Administrative Code adopted.
15.18.020 Administrative Code amended—Liability.
15.18.030 Administrative Code amended—Appeals.
15.18.040 Administrative Code amended—Violations and penalties.
15.18.050 Administrative Code amended—Expiration of permits.
15.18.060 Administrative Code amended—Section 109.2
15.18.070 Administrative Code amended—Required building inspections.
15.18.080 Administrative Code amended—Certificate of occupancy.
15.18.090 Administrative Code amended—Prohibited use of building sites.
15.18.100 Administrative Code amended—Use and occupancy.
15.18.110 Administrative Code amended―Conduct of construction and
landscaping activities
15.18.120 Administrative Code amended―Work exempt from permit.
15.18.010 Administrative Code adopted.
Except as hereinafter provided, Division II of Chapter 1 of the California Building
Code, 2019 Edition (Part 2 of Title 24 of the California Code of Regulations), based on
the 2018 International Building Code as published by the International Code Council, is
hereby adopted by reference as the Administrative Code of the City of Rancho Palos
Verdes. A copy of the Administrative Code shall be maintained in the office of the city
clerk and shall be made available for public inspection while the code is in force.
15.18.020 Administrative Code amended—Liability.
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Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 104.8 is
amended to read:
104.8 Liability. The building official, or his or her authorized representative charged with
the enforcement of this Code and the technical codes, acting in good faith and without
malice in the discharge of his or her duties, shall not thereby be rendered personally
liable, nor shall the City be vicariously liable, for any damage that may accrue to persons
or property as a result of any act or omission or by reason of any act or omission in the
discharge of his or her duties.
Any suit brought against the building official or other employee of the City because of
such act or omission performed in the enforcement of any provision of such Codes or other
pertinent laws or ordinances implemented through the enforcement of this Code or
enforced by the City shall be defended by the City until final termination of such
proceedings, and any judgment resulting therefrom, other than punitive damages, shall
be assumed by the City. The provisions of this paragraph shall apply only if the building
official, or his or her authorized representative, is an employee of the City.
Such codes shall not be construed to relieve from or lessen the responsibility of any
person owning, operating or controlling any building, structure or building service
equipment therein for any damages to persons or property caused by defects, nor shall
the City or any of City's agents or employees be held as assuming any such liability
by reason of the inspections authorized by this Code or any permits or certificates issued
under this Code.
15.18.030 Administrative Code amended—Appeals.
Notwithstanding the provisions of Section 15.18 010 of this chapter, Section 113 is
amended to read:
SECTION 113 APPE ALS
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
114.4 are amended to read and Section 114.5 is added to read:
114.1 Violations. No person shall erect, construct, enlarge, alter, repair, move, improve,
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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.
114.4 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 off ense 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.
114.5 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.
15.18.050 Administrative Code amended—Expiration of permits.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 105.3.2 and
105.5 are amended to read:
105.3.2 Time limitation of application. An application for a permit for any
proposed work shall be deemed to have been abandoned 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been issued;
except that the building official is authorized to grant up to two extensions of time for
additional periods not exceeding not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause shall be demonstrated.
Plan checks for development projects where permits have expired for a period of less
than one year shall be assessed a fee equal to ½ of the amount of the applicable plan
check fee, as set forth in the resolution establishing said fee, if the plans that are being
resubmitted are identical to the prior plans. Said fee shall be paid when the plans are
re-submitted for review by the building official.
105.5 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 completed through final inspection within the allowed
time f rom the date of issuance of such permit, which time shall be as follows: up to 5,000
square feet, 18 months; 5,000 to 10,000 square feet, 24 months; over 10,000 square feet,
30 months. For good cause, upon initial application for a permit, the building official may
establish a different expiration date when it is anticipated such date will be necessary to
complete construction due to extenuating circumstances. Upon expiration, before work
under the permit can be recommenced, a new permit shall be obtained. Such new
permit shall be valid for 24 months, and the fee therefor shall be one half the amount
required for a new permit for such work, if no changes have been made or will be
made in the original plans and specifications for the work and not more than one year
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has passed since the expiration of the permit; otherwise, such new permit shall be subject
to all terms and conditions applicable to new permits.
Any permittee holding an unexpired permit may apply for an extension of the time within
which the permittee may complete work under that permit when the permittee is unable
to complete the work within the time required by this section although proceeding with
due diligence. Application for extension shall be filed on forms prescribed by the building
official and be accompanied by payment of the fee as established by city council
resolution. The building official may extend the time for completion of work under the
permit by the permittee for a period of time not exceeding 180 days upon finding the
permittee has been proceeding with due diligence and that circumstances beyond
the control of the permittee have prevented action from being completed. No permit
shall be so extended more than once.
Notwithstanding the foregoing, for any property where construction has been
perf ormed pursuant to one or more unexpired permits for a period of at least four years
and is adversely affecting adjacent properties or the owners or occupants thereof, as
documented in written complaints submitted to the Building Official or Director of
Community Development, the Building Official shall not issue a new building permit for
any new work or an extension of an existing unexpired permit until all work being
perf ormed pursuant to any unexpired building permit has been completed and the City
has issued a f inal approval or a certificate of occupancy therefor. This provision shall not
apply to: 1. emergency work; 2. work that is necessary to preserve the integrity of the
structure; or 3. work that, in the opinion of the Building Official, will mitigate impacts to
an adjacent property.
15.18.060 Administrative Code amended—Section 109.2.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 109.2 is
amended by adding the following sentences to the end of the paragraph:
A site investigation will be conducted and a fee will be charged for the investigation, for
permits that have expired two times, or have expired for more than two years, or any other
expired permit as required by the building official. The minimum fee shall be as
established pursuant to city council resolution.
15.18.070 Administrative Code amended—Required building inspections.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 110.1 is
amended to read:
110.1 Approval required. W ork 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 construction as indicated in subsection
110.3.
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
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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.
15.18.080 Administrative Code amended—Certificate of occupancy.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 111.1 is
amended to read:
111.1 Use and occupancy. Buildings or structures shall not be used or occupied nor
shall a change in the existing occupancy classification of a building or structure or portion
thereof be made until the building official has issued a certificate of occupancy therefor
as provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction. Certif icates presuming to give authority to violate or cancel the provisions
of this code or of other ordinances of the jurisdiction shall not be valid.
15.18.090 Administrative Code amended—Prohibited use of building sites.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 107A is
added to read:
SECTION 107A GEOTECHNICAL AND GEOLOGICAL H AZ ARDS
107 A.1 Offsite geotechnical and geological hazards. No certificate of
occupancy or permit under this title shall be issued under the provisions of this chapter
when the building off icial 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.
107 A.2 Geological and geotechnical hazards. W ork requiring a certificate of
occupancy or 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 111A.1 through 111A.6. These hazards include, but are
not limited to, loose debris, slopewash, and potential mudflows from natural or graded
slopes.
107 A.3 Geological and geotechnical reports. The building official may require a
geological or geotechnical report, or both, where, in the building official's opinion, such
reports are essential for the proper evaluation of the proposed work or use of the site. As
part of this evaluation, the building official may require a site visit in order to evaluate the
need for such reports. A fee for this site visit shall be collected at this time. A geological
report shall be prepared by a Certified Engineering Geologist licensed by the State
of California. A geotechnical report shall be prepared by a registered Civil Engineer
qualif ied to perform this work. 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,
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grading, and/or construction and use of the site will have on the geological stability of
the site and/or property outside the site. W hen both a geological and a geotechnical
report are required for the evaluation of the safety of a building site, the two reports shall
be coordinated before submission to the building official.
15.18.100 Administrative Code amended—Use and occupancy.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 111A, 111B
and 111C are added to read:
SECTION 111A USE AND OCCUPANCY
111 A.1 Safe Site. Subject to the conditions of subsection 111A.1, a certificate of
occupancy or permit under this title may be issued in the following cases:
1. W hen the applicant has submitted a report(s) required by Section 107A.3 that
contains sufficient information to satisfy the building official that all
geological or geotechnical hazards will be eliminated prior to use or
occupancy of the land or structure by modifications of topography, reduction of
subsurface water, buttresses, or by other means or combination of means and
that the proposed work on or use of the site will not adversely affect the subject
property or neighboring properties.
2. W hen the applicant has submitted a report(s) required by Section 107A.3 that
contains sufficient information to satisfy the building official that the site is not
subject to geological or geotechnical hazard.
3. Notwithstanding any provisions of this Subsection, the building official may, at
his or her discretion, deny a permit for any building, structure or grading
subject to a hazard of a geological nature which cannot be mitigated and
may endanger the health or safety of the occupants, adjoining property, or the
public.
111 A.2 Hazard Eliminated. A certificate of occupancy or permit under this title
may be issued only if the reports required by Section 107A.3 contain sufficient
information to satisf y the building official that all geological or geotechnical hazards 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.
111 A.3 Pools and Spas. Subject to the provision of Section 111A.2, 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:
1. 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
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building official indicate the property is subject to a physical hazard of a
geological nature; and
2. The applicant signs and records an agreement in a form approved the City
Attorney releasing the City and all officers, employees, consultants and
agents thereof from any liability for any damage or loss which may result
from issuance of such permit.
111 A.4 Outdoor Improvements. Subject to the provisions of Section 111A.2, a
certif icate 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 (37.16 m2)).
111 A.5 Repairs and Alterations in Areas of Potential Geological Hazard.
Subject to the provisions of Section 111A.2, 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:
1. MINOR ALTERATIONS OR REPAIRS W HICH ARE NOT DUE TO
GEOLOGICAL CONDITIONS BUT W HICH 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.
2. MAJOR ALTERATIONS OR REPAIRS OF CONDITIONS W HICH ARE
NOT DUE TO GEOLOGICAL CONDITIONS BUT W HICH MAY BE DUE TO
GEOTECHNICAL CONDITIONS: Subject to the conditions set forth in Section
111A.2, a certificate of occupancy or permit under this title may be issued
when the application is for alteration or repair work 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.
3. MINOR REPAIRS OF CONDITIONS DUE TO UNDERLYING GEOLOGIC
CONDITIONS: Subject to the conditions set forth in Section 111A.2, 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.
111 A.6 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, geotechnical engineer, or other person with relevant expertise.
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SECTION 111B
FILLS CONTAINING DECOMPOSABLE MATERI AL
111B.1 Building or grading permits shall not be issued for buildings or structures
regulated by this code located within 1,000 feet (304 800 mm) of 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 recommendation
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.
111B.2 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.
SECTION 111C FLOOD HAZ ARDS
111C.1 Buildings are not permitted in an area determined to be subject to flood
hazard by reason of inundation, overflow, or erosion.
111C.2 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 structure or to adjacent property.
111C.3 Minor structures that do not require a permit and are not intended for
human habitation such as fences, trellises, patios, decks and sheds may be placed in flood
hazard areas provided:
1. Such placement will not increase the hazard to adjacent property from inundation,
erosion, or related causes;
2. 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; and ,
3. The applicant signs and records an agreement in a form approved by the City
Attorney releasing the City and all 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
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15.18.110 Administrative Code amended—Conduct of construction and
landscaping activities.
Notwithstanding the provisions of Section 15.18.010 of this chapter, all construction
projects in the city shall adhere to the regulations for dust control, hours of operation
temporary construction fencing, construction site maintenance, construction related cargo
containers and construction vehicle staging set forth in Section 17.56.020 of the city of
Rancho Palos Verdes Municipal Code.
15.18.120 Administrative Code amended―Work exempt from permit.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Paragraph No. 2
under the heading “Building” in Section 105.2 is amended to read:
2. Fences not over 7 feet (2134 mm) high, provided the fences meet the
requirements of Section 17.76.030.B of the Rancho Palos Verdes Municipal Code.”
SECTION 6. Chapter 15.24 of Title 15 of the Rancho Palos Verdes Municipal
Code is amended to read:
Chapter 15.24 DANGEROUS BUILDING CODE
Sections:
15.24.010 Dangerous Building Code adopted.
15.24.020 Dangerous Building Code amended—Administrative
provisions.
15.24.010 Dangerous Building Code adopted.
Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous
Buildings Code 1997 Edition, published by the International Code Council, is hereby
adopted by reference as the Dangerous Buildings Code of the City of Rancho Palos
Verdes. A copy of the Dangerous Buildings Code of the city shall be maintained in the
office of the city clerk and shall be made available for public inspection while the code is
in force.
15.24.020 Dangerous Building Code amended—Administrative provisions.
The administrative provisions governing the Dangerous Buildings Code of the city shall
be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title.
Violation and penalty provisions shall be as set forth in Section 114 of the Administrative
Code, as amended in Section 15.18.040 of this Title.
SECTION 7. Chapter 15.28 of Title 15 of the Rancho Palos Verdes Municipal
Code is amended to read:
Chapter 15.28 HOUSING CODE
Sections:
15.28.010 Housing Code adopted.
15.28.020 Housing Code amended—Administrative provisions.
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15.28.010 Housing Code adopted.
Except as hereinafter provided, the Uniform Housing Code, 1997 Edition, and the
International Property Maintenance Code, 2018 Edition, published by the International
Code Council, are hereby collectively adopted by reference as the Housing Code of the
City of Rancho Palos Verdes. A copy of the Housing Code of the city shall be maintained
in the office of the city clerk and shall be made available for public inspection while the
code is in force.
15.28.020 Housing Code amended—Administrative provisions.
The administrative provisions governing the Housing Code of the city shall be as set forth
in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and
penalty provisions shall be as set forth in Section 114 of the Administrative Code, as
amended in Section 15.18.040 of this Title.
SECTION 8. 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. 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 9. Except as otherwise specifically provided in this Ordinance, all other
provisions of Title 15 remain the same.
SECTION 10. 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 11. Effective Date. This ordinance shall take effect __ days after
its adoption.
SECTION 12. The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy hereof to be forthwith transmitted to the California Building
Standards Commission.
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Ordinance No. ___
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PASSED, APPROVED and ADOPTED this _________ day of _________ 2019.
Mayor
ATTEST
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, 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.___ passed first reading on October __, 2019, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
November __, 2019, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
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Resolution No. 2019-__
Page 1 of 4
RESOLUTION NO. 2019-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES MAKING EXPRESS FINDINGS AND
DETERMINATIONS THAT MODIFICATIONS TO THE 2019 CALIFORNIA
BUILDING CODE ARE REASONABLY NECESSARY BECAUSE OF
LOCAL CLIMATIC, GEOLOGICAL AND TOPOGRAP HICAL
CONDITIONS
W HEREAS, Health and Safety Code Section 17958 provides that the City of
Rancho Palos Verdes may adopt ordinances and regulations imposing the same or
modif ied requirements as contained in the regulations adopted by the State pursuant to
Health and Safety Code Section 17922; and
W HEREAS, the State of California is mandated by Health and Safety Code Section
17922 to impose the same requirements as are contained in the 2019 California Building
Standards Code; and
W HEREAS, Health and Safety Code Section 17598.5 permits the City to make
modifications or changes to the 2019 California Building Standards Code as are
reasonably necessary because of local conditions; and
W HEREAS, Health and Safety Code Section 17958.7 requires that the City
Council, before making any modifications or changes to building standards pursuant to
Section 17958.5, make express findings that such changes or modifications are needed
due to local climatic, geographic or topographic conditions and files the same with the
California Building Standards Commission; and
NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOW S:
Section 1. The Building Division has recommended that changes and
modifications be made to the California Building Code and has advised that certain
changes and modif ications to the 2019 Edition of the California Building Code are
reasonably necessary due to local conditions in the City of Rancho Palos Verdes as
described below:
A. Local Climatic Conditions. The local climate is characterized by periods of high
temperatures accompanied by low humidity and high winds each year. These
conditions have the potential to create an environment difficult for the fire
department to control in the event of fires occurring in hillside brush areas as
well as structures not having built-in fire protection. Further, there is a correlation
between a warm climate and the proliferation of swimming pool construction. The
modifications to the California Building Standards Code relating to swimming
pools are desirable to adequately protect small children from drowning hazards.
The City also experiences periods of intense rainfall, which create the need for
special drainage precautions.
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Resolution No. 2019-__
Page 2 of 4
B. Geological Conditions. The City is located in an area with expansive soils and
includes hillsides that are subject to landslides, mud flows and unstable soils.
Special foundation considerations and soil analysis requirements must be in
place to provide a reasonable degree of structural integrity for buildings
constructed in these areas. These requirements mitigate and prevent injury to
building occupants, neighbors, and persons using public property. Grading
operations in areas of the City where the land is unstable are likely to create
hazardous conditions. New construction or additions in an active landslide area
must be regulated to ensure that the slide will not be exacerbated. These
regulations aim to improve land stability as well. The above referenced factors
require more specific and greater protection than is afforded by the California
Building Code.
C. Topographical Conditions. The City has hillside and flat land developments that
require special drainage precautions, as well as several areas that are subject to
landslides and expansive soils. W ithout special requirements addressing site
drainage, structures would be subject to damage from these conditions and to
water damage.
Section 2. Amendments to the 2019 Edition of the California Building Code, as
contained in City of Rancho Palos Verdes Ordinance No. ___, are found reasonably
necessary based on the climatic, geological and/or topographical conditions cited above in
Paragraphs A, B and C of Section 1 of this Resolution and are listed as follows:
Building
Code
Section
Findings
104.8 Administrative
105.2 Administrative
105.3.2 Administrative
105.5 Administrative
107A Administrative
109.2 Administrative
110.1 Administrative
111A Geological
111B Geological
111C Geological
111.1 Administrative
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Resolution No. 2019-__
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Building
Code
Section
Findings
113 Administrative
114.1 Administrative
114.4 Administrative
114.5 Administrative
1805.5 Geological
3109.4.1 Topographical
3314 Topographical
3314.1 Topographical
3314.2 Topographical
3314.3 Topographical
3314.4 Topographical
Section 3. The City Clerk shall certify to the adoption of this resolution, shall
cause this resolution and her certification to be entered in the Book of Resolutions of the
Council of this City, and shall cause a copy hereof to be forthwith transmitted to the
California Building Standards Commission.
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Resolution No. 2019-__
Page 4 of 4
PASSED, APPROVED and ADOPTED this day of 2019.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2019-__ was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on ,
2019.
CITY CLERK
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