CC SR 20230801 D - Code Amendment Building Code
CITY COUNCIL MEETING DATE: 08/01/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 672 amending the Rancho
Palos Verdes Municipal Code to clarify numerical section headings in Chapter 15.18
(Administrative Code) of Title 15 (Buildings and Construction) of the Rancho Palos
Verdes Municipal Code.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 672, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CLARIFYING NUMERICAL SECTION
HEADINGS IN CHAPTER 15.18 (ADMINISTRATIVE CODE) OF TITLE 15
(BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jamaal Brown, Building Permit Technician
REVIEWED BY: Octavio Silva, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 672 (page A-1)
The previous staff report, meeting minutes, and public comments on this topic can be
found on the City’s website via the July 18, 2023, City Council agenda at
http://www.rpvca.gov/772/City-Meeting-Video-and-Agendas
BACKGROUND AND DISCUSSION:
On July 18, 2023, Ordinance No. 672 (Attachment A) was introduced by the City Council.
This Ordinance clarifies numerical headings in Chapter 15.18 (Administrative Code) of
Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code.
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This evening, Ordinance No. 672 is presented for its second reading and adoption. If
passed, this ordinance will go into effect on the 31st day after the second reading.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration.
1. Direct Staff to revise Ordinance No. 672 for re-introduction and/or second
reading at a future City Council meeting.
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ORDINANCE NO. 672
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, CLARIFYING
NUMERICAL SECTION HEADINGS IN CHAPTER 15.18
(ADMINISTRATIVE CODE) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE.
WHEREAS, the City Council adopted Ordinance No. 669 (Attachment B) to adopt,
by reference, the California Building Standards Commission (CBSC) codes, a compilation
of building standards that apply to all occupancies in California; and
WHEREAS, in the administration of the 2022 CBSC codes, Staff identified
numerical section headings in the code that were incorrectly listed, specifically as it
relates to Sections 15.18.030 (Administrative code amended—Appeals) and 15.18.040
(Administrative code amended—Violations and penalties) of Title 15 of the Rancho Palos
Verdes Municipal Code (RPVMC); and
WHEREAS, the 2022 CBSC section numbers are inconsistent with the section
numbers cited in the RPVMC; and
WHEREAS, in order to better assist residents, developers and the business
community in their review and interpretation of RPVMC regulations, an update of the
affected code sections to correct the erroneous numbering is required; and
NOW, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated fully herein
by reference.
Section 2. Sections 15.18.030 (Administrative code amended—Appeals) and
15.18.040 (Administrative code amended—Violations and penalties) of Title 15 of the
Rancho Palos Verdes Municipal Code are amended to read:
15.18.030 - Administrative code amended—Appeals.
Notwithstanding the provisions of Section 15.18.010 (Administrative Code Adopted)
of this chapter, Section 113 is amended to read:
SECTION 113
APPEALS
113.1 General. In the event that an appeal from a decision of the building official
regarding interpretation of the technical codes is requested, the building official
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shall seek a code interpretation by the appropriate code writing organization. The
Building Code shall be interpreted by the International Code Council. The
Mechanical Code shall be interpreted by the International Association of Plumbing
and Mechanical Officials. The Plumbing Code shall be interpreted by the
International Association of Plumbing and Mechanical Officials or its designated
agent. The Electrical Code shall be interpreted by the National Fire Protection
Association. The interpretation of the code writing organization shall govern. The
cost of obtaining the interpretation shall be paid by the applicant.
15.18.040 Administrative Code amended—Violations and penalties.
Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 114.1
and 114.2 are amended to read and Section 114.3 is added to read:
114.1 Violations. No person shall erect, construct, enlarge, alter, repair, move,
improve remove, convert, demolish, equip, use, occupy or maintain any building,
structure or building service equipment or perform any grading in the City or cause
or permit the same to be done contrary to, or in violation of, any of the provisions
of this code or any of the technical codes.
114.2 Penalties. Any person who violates any provision of this code or any of the
technical codes shall be deemed guilty of a misdemeanor, and shall be deemed
guilty of a separate offense for each and every day or portion thereof during which
any violation continued or was permitted, and upon conviction is punishable as set
forth in Section 1.08.010 of the Rancho Palos Verdes Municipal Code.
114.3 Penalty Fees. The permit fees and charges made pursuant to Title 15 of
the Rancho Palos Verdes Municipal Code shall be tripled, (not including fees for
nonstructural fixture) when work requiring a permit has been started or continued
or finished prior to obtaining permit. The triple fee shall be based on the structural
permit fee, or square footage of remodel area, or a minimum fee as established
pursuant to city council resolution.
Section 3. The City Council finds that the adoption of this ordinance is exempt
from having to comply with the requirements of CEQA, pursuant to CEQA Guidelines
Section 15061(b)(3) which states: “CEQA only applies to project which have the potential
for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.” There is no possibility the City’s activity
in adopting this ordinance, which only involves correcting numerical section headings, will
have a significant, adverse, effect on the environment.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is
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Ordinance No. 672
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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 5. The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further certify
to the adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of Ordinances of the
Council of this City of Rancho Palos Verdes.
Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on
the 31st day after its passage.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Rancho Palos Verdes, California, on this 1st day of August 2023.
Barbara Ferraro, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 672 was introduced by the City Council of said City at a regular meeting
thereof held on July 18, 2023, was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on August 1, 2023, and that the same was passed
and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Ordinance No. 672
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__________________________________
City Clerk
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