Camarillo City Council
AGENDA REPORT
Date: June 25, 2025
To: Honorable Mayor and City Councilmembers
From: Greg Ramirez, City Manager
Submitted by: David Sanchez, Community Development Director Subject: Introduction of an Ordinance Amending the Camarillo Municipal Code Chapters 1.13, 9.17, 16.04 and Adding Chapter
16.58 Related to Appeals from Building Code Orders and
Determinations
BACKGROUND
On March 4, 2024, the Fourth District Appellate Court issued an opinion entitled Temple of 1001 Buddhas v. City of Fremont 1 (“1001 Buddhas”) which held that the California Building Code (“CBC”) preempts and therefore prohibits a local municipal code to delegate the review of appeals from building code violation determinations to a single hearing officer. The proposed Ordinance will amend Camarillo Municipal Code (“CMC”) Chapter 16.58 by designating the City Council as the appeals board for appeals from the City’s building code determinations, consistent with state law.
DISCUSSION
The California Building Standards Code2 (“BSC”) provides that appeals from any building code determination must be heard before a board, or an agency. If a city does not utilize those options, the city council, as the governing body, must act as the appeals board. As held in the 1001 Buddhas case, if any municipal code conflicts with the BSC, for instance, designating a single hearing officer to review appeals from building code determinations, then the municipal code is preempted by the BSC. Therefore, to comply with the BSC, the City Council, as the City’s governing body, must act as the appeals board.
Currently, the CMC requires that all appeals from administrative citations be heard before a single hearing officer. The Ordinance proposed will amend the CMC by:
1 (2024) 100 Cal.App.5th 456.
2 The California Building Standards Code is codified in Title 24 of the California Code of Regulations.
Appeals from Building Code Orders
June 25, 2025
2 6
3 5
1. Creating a new section establishing an appeals process for persons who appeal from any building code order or determination;
2. Providing an exception to the single hearing officer provisions when anyone appeals from a building code order or determination; and
3. Designates the City Council as the appeals board for appeals from the City’s building code determinations and orders.
FISCAL IMPACT
There is no budget impact as a result of this action.
CEQA DETERMINATIONS
City staff has determined, in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that simply amending the CMC to designate the City Council as the appeals board for appeals from the City’s building code determinations and orders is not subject to CEQA review because it can be seen with certainty that there is no possibility that this designation may have a significant effect on the environment.
RECOMMENDATION
1. Find that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §§ 15061(b)(3); and
2. Waive further reading and introduce an Ordinance amending certain sections of the Camarillo Municipal Code to implement State law related to appeals from the building code orders and determinations.
ATTACHMENTS
1. Ordinance
2. Proposed redlines
REFERENCE MATERIALS – AVAILABLE FOR REVIEW AT CITY HALL None