CC SR 20221101 03 - 2022 Building Code Update
CITY COUNCIL MEETING DATE: 11/01/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to introduce an ordinance adopting the 2022 California
Building Standards Code.
RECOMMENDED COUNCIL ACTION:
(1) Introduce ORDINANCE NO.__, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADOPTING BY REFERENCE THE 2022 CALIFORNIA
BUILDING STANDARDS CODE WHICH INCLUDES THE 2022 EDITION OF THE
CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS,
PLUMBING, ELECTRICAL AND MECHANICAL CODES, WHICH ARE CODIFIED
IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS; CHAPTER 7A OF
TITLE 26 OF THE CALIFORNIA 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, WITH APPENDICES AND
AMENDMENTS THERETO; AMENDING TITLE 15 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE; AND ADOPTING THE 2020 LOS ANGELES
COUNTY FIRE CODE TITLE 32; and,
(2) Continue this matter to a duly noticed public hearing on November 15, 2022 for
adoption of the draft ordinance.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: David Rasor, Building Official D.R.
REVIEWED BY: Octavio Silva, Deputy Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No.___ (page A-1)
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BACKGROUND:
2022 California Building Standards Code
Every three years the California Building Standards Commission (CBSC ) updates the
Uniform Codes governing construction practices in the State of California. Affected state
agencies review these codes, amend them, and the CBSC adopts them in Title 24 of the
California Code of Regulations. (Hereafter referred to as the “State Building Code.”) After
the State Building Code is published, every city and county throughout the state must
adopt these codes, with an opportunity to include more stringent local amendments based
on local geological, topographical and/or climatic conditions.
On July 1, 2022, the CBSC published the new California Building Standards Code (2022
Code). The 2022 Code is a compilation of building standards that apply to all types of
construction in California. A city may establish more restrictive building standards than
those in the 2022 Code if it 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, 2023. Therefore, the City has until December 31,
2022 to adopt the 2022 Code with its own local amendments.
DISCUSSION:
Tonight, the City Council is being asked to adopt the 2022 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 2022 Code which
consists of the following:
• The 2022 California Building Code
• The 2022 California Residential Code
• The 2022 California Green Building Standards Code
• The 2022 California Electrical Code
• The 2022 California Mechanical Code
• The 2022 California Plumbing Code
The following codes are not published by the state but are recommended by the state to
be adopted by each local jurisdiction:
• The 2022 International Property Maintenance Code
As with previous tri-annual code changes, the proposed changes to the codes are minor,
except for changes to the Energy Code to increase energy efficiency, as these changes
strive to meet state required carbon neutral goals. The following is a brief summary of the
more substantive changes in the 2022 Building Code:
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• Issued permits are now valid for one year upon issuance versus six months,
including non-residential projects.
• New residential units may now utilize dry pipe sprinkler systems versus standard
water systems.
• Inclusion of new “aging in place” and fall prevention requirements for all new
residential units to allow people to stay longer in their homes as they age.
• New residential units must be “electrical ready” for alternatives to gas appliance
installations such as water heaters, space heating, cooking, and clothes drying,
etc. providing electrical hookups, and other infrastructure to allow spaces to switch.
• New non-residential buildings must add photovoltaic (PV) and battery storage so
these buildings are more self-sufficient.
• Multi-family developments or hotels with less than 20 units must provide no less
than 10% of the parking spaces as EV “ready” spaces.
• Multi-family developments or hotels with more than 20 units must support EV
charging.
Sections 15.04.050 (Building Code Amended -Pools and Spas), 15.04.070 (renewable
energy systems) and 15.04.080 (Construction Indoor air quality) are being deleted from
the Rancho Palos Verdes Municipal Code (RPVMC) because these code provisions are
now included in the 2022 California Building Code.
Amendments to Chapter 15.18 (Administrative Code) are included in the proposed
ordinance in order to amend section numbers to be consistent with the 2022 California
Building Code.
• 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. At this time, no changes are proposed to
be made to the local conditions except for renumbering.
• 2020 Los Angeles County Building Code Title 32 (2020 FIRE CODE)
Effective April 9, 2020, the Los Angeles County Board of Supervisors adopted Title 32
(Fire Code) of the Los Angeles County Code, which incorporates the 2019 Edition of the
California Fire Code with local modifications. The Board of Supervisors serves as t he
governing body of the Consolidated Fire Prevention District of Los Angeles County
(District) and also adopted Title 32 in that capacity. Pursuant to section 13869.7 of the
California Health and Safety Code, the District may, and does, adopt building sta ndards
relating to fire safety that are more stringent than the standards adopted by the state. The
District’s ordinance must be ratified by each jurisdiction in which the ordinance will apply,
and any modification or denial of the District’s ordinance must include a written statement
describing the reasons for the modification or denial. Local modifications to substantive
building standards must also be more stringent than the requirements of the State Fire
Code and reasonably necessary because of local cl imatic, geological, or topographical
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conditions. As a party to the District, the City of Rancho Palos Verdes regularly adopts
the County Fire Code (Title 32).
ADDITIONAL INFORMATION:
Adoption Process
When adopting a code by reference, the City Council is required by state law to 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 mus t be published once a week for two
successive weeks, with at least five days between the publication 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 15, 2022 public hearing
was published in the Palos Verdes Peninsula News on October 27, 2022, and will be
published again on November 3, 2022. 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.
CONCLUSION:
Staff recommends the City Council introduce the ordinance adopting the 2022 Code
including the existing local amendments that have been renumbered a nd continue this
matter to a duly noticed public hearing on November 15, 2022. Any changes to the
ordinance requested by the City Council can be presented for adoption at the public
hearing.
ALTERNATIVES:
In addition to the Staff recommendation, the followin g 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
code.
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ORDINANCE NO. __
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING BY REFERENCE THE 2022 EDITION
OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN
BUILDING STANDARDS, 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
ABATEMENT OF DANGEROUS BUILDINGS 1997
EDITION, THE UNIFORM HOUSING CODE 1997 EDITION,
AND THE INTERNATIONAL PROPERTY MAINTENANCE
CODE, 2018 EDITION, WITH APPENDICES AND
AMENDMENTS THERETO; AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE; AND ADOPTING
THE 2020 LOS ANGELES COUNTY FIRE CODE TITLE 32
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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
WHEREAS, Health and Safety Code Section 17598.5 permits the City to make
modifications or changes to the 2022 California Building Standards Code as are
reasonably necessary because of local conditions; and
WHEREAS, 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
WHEREAS, the City now desires to amend the Rancho Palos Verdes Municipal
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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. The foregoing recitals are true and correct and are incorporated
herein by this reference.
Section 2. The Building Official has recommended that changes and
modifications be made to the 2022 Codes, and has advised that certain of said changes
and modifications to the California Building Code, 2022 Edition, are reasonably necessary
due to local conditions within the City, and has further advised that the remainder of the
said changes and modifications are of an administrative or procedural nature, or concern
themselves with subjects not covered by the Codes, or are reasonably nece ssary to
safeguard life and property within the City as follows:
A. Climatic Conditions: The local climate of the City of Rancho Palos Verdes is
characterized by hot, dry summers, often resulting in drought conditions,
followed by strong Santa Ana winds, oft en resulting in hazardous fire
conditions, and heavy winter rains, often resulting in expansive soil conditions.
Furthermore, the City of Rancho Palos Verdes is adjacent to the Pacific Ocean
and the salt air is carried by the winds off the ocean. The salt has proven to be
extremely corrosive to aluminum wiring.
B. Geologic Conditions: The City of Rancho Palos Verdes is characterized by local
instability.
C. Topographical Conditions: The City of Rancho Palos Verdes is located in
Southern California and has a relatively hilly topography.
Section 3. Section 15.04.010 (Building Code Adopted) of Title 15 of the Rancho
Palos Verdes Municipal Code is repealed and replaced with the following:
15.04.010 Building Code adopted.
Except as hereinafter provided, the California Building Code, 2022 Edition (Part 2 of Title
24 of the California Code of Regulations), based on the 2022 International Building Code
as published by the International Code Council, including Appendices F and J thereto,
the California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code
of Regulations), based on the 2021 International Residential Code as published by the
International Code Council which incorporates and amends the International Residential
Code, the California Green Building Standards Code, 2022 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
Wildfire Exposure) of Title 26 (Building Code) of the Los Angeles County Code, are
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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 t he city
clerk and shall be made available for public inspection while the code is in force.
1. Section 15.04.050 (Building Code Amended -Pools and spas) of Title 15 of the
Rancho Palos Verdes Municipal Code is hereby deleted.
2. Section 15.04.070 (Renewable Energy Systems). of Title 15 of the Rancho Palos
Verdes Municipal Code is hereby deleted.
Section 4. Section 15.08.010 (Electrical Code Adopted) of Title 15 of the Rancho
Palos Verdes Municipal Code is repealed and replaced with the following:
15.08.010 Electrical Code adopted.
Except as hereinafter provided, the California Electrical Code, 2022 Edition (Part 3 of
Title 24 of the California Code of Regulations), which incorporates and amends the
National Electrical Code, 2020 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.
Section 5. Section 15.12.010 (Plumbing Code Adopted) of Title 15 of the
Rancho Palos Verdes Municipal Code is repealed and replaced with the following:
15.12.010 Plumbing Code adopted.
Except as hereinafter provided, the California Plumbing Code, 2022 Edition (Part 5 of
Title 24 of the California Code of Regulations), which incorporates and amends the
Uniform Plumbing Code, 2021 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.
Section 6. Section 15.16.010 (Mechanical Code Adopted) of Title 15 of the
Rancho Palos Verdes Municipal Code is repealed and replaced with the following:
15.16.010 Mechanical Code adopted.
Except as hereinafter provided, the California Mechanical Code, 2022 Edition (Part 4
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of Title 24 of the California Code of Regulations), which incorporates and amends the
Uniform Mechanical Code, 2021 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.
Section 7. Chapter 15.18.010 (Administrative Code) of Title 15 of the Rancho
Palos Verdes Municipal Code is repealed and replaced with the following:
Chapter 15.18 ADMINISTRATIVE 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, 2022 Edition (Part 2 of Title 24 of the California Code of Regulations), based on
the 2021 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.
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
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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 11 2 is
amended to read:
SECTION 112 APPEALS
112.1 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 Plumb ing 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 113.1 and
113.4 are amended to read and Section 113.5 is added to read:
113.1 Violations.
No person shall erect, construct, enlarge, alter, repair, move, improve remove, convert,
demolish, equip, use, occupy or maintain any building, structure or building service
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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.
113.4 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 offense
for each and every day or portion thereof during which any violation continued or was
permitted, and upon conviction is punishable as set forth in Section
1.08.010 of the Rancho Palos Verdes Municipal Code.
113.5 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 half 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 from the date
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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 therefore 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 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
performed 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
performed pursuant to any unexpired building permit has been completed and the City
has issued a final approval or a certificate of occupancy thereof. 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.
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Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 110.1
is amended to read:
110.1 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 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
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 thereof 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.
Certificates 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 HAZARDS
107A.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 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
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or geotechnical hazard that could damage other property.
107A.2 Geological and geotechnical hazards.
Work 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.
107A.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 qualified 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, grading, and/or construction and use of
the site will have on the geological stability of the site and/or property outside the site.
When 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
111A.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. When 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.
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2. When 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.
111A.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 satisfy 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.
111A.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 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.
111A.4 Outdoor Improvements.
Subject to the provisions of Section 111A.2, 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 (37.16 m 2)).
111A.5 Repairs and Alterations in Areas of Potential Geological Hazard.
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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 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.
2. 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 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 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.
111A.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.
SECTION 111B
FILLS CONTAINING DECOMPOSABLE MATERIAL
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 recommenda tion to minimize the possible
intrusion, and to prevent the accumulation, of explosive concentrations of decomposition
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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 HAZARDS
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.
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.
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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:
1. 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 8. Chapter 15.28.010 (Housing Code) of Title 15 of the Rancho Palos
Verdes Municipal Code is amended to read:
Except as hereinafter provided, the Uniform Housing Code, 1997 Edition, and the
International Property Maintenance Code, 2022 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.
Section 9. Section 8.08.010 (Fire code adopted) of Chapter 8.08 (Fire Code) of
Title 8 (Health Code) of the Rancho Palos Verdes Municipal Code is hereby amended
to read as follows:
Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County
Code, as amended and in effect on January 2, 2020, adopting the California Fire Code,
2019 Edition (California Code of Regulations Title 24, Part 9), is hereby incorporated
herein by reference as if fully set forth herein, and shall be known and may be cited as
the fire code of the city of Rancho Palos Verdes. In the event of any conflict between
provisions of the California Fire Code, 2019 Edition, Title 32 of the Los Angeles County
Code, or any amendment to the fire code contained in the Rancho Palos Verdes
Municipal Code, the provision contained in the latter listed document shall control. A
copy of Title 32 of the Los Angeles County Code and the California Fire Code, 2019
Edition, has been deposited in the office of the city clerk and shall be at all times
maintained by the city clerk for use and examination by the public.
Section 10. 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 11. Except as otherwise specifically provided in this Ordinance, all other
provisions of Title 15 remain the same.
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Section 12. 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 13. Effective Date. This ordinance shall take effect 30 days after its
adoption.
Section 14. 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.
PASSED, APPROVED and ADOPTED this 1st day of November, 2022.
______________________________
David L. Bradley, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. ___ was introduced by the City Council of said City at a regular meeting
thereof held on November 1, 2022, and that the same was passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
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