Cudahy City Council
December 6, 2022

HOA.103795022.3 40
drainage shall not be impaired by the installation of collectors. Solar collectors that are not an integral part of the roofing system shall be installed to preserve the integrity of the roof surface.

S 10.2.3 Above Or On The Roof. Collectors located above or on roofs, and functioning as building components, shall not reduce the required fire-resistance and fire-retardance classification of the roof covering materials.

Exceptions:
(1) Collectors located on one- and two-family dwellings. (2) Collectors located on buildings not exceeding three stories in height or 9,000 square feet (836.13 m2) total floor area, or both, provided:
(a) The collectors are noncombustible.
(b) Collectors with plastic covers have noncombustible sides and bottoms, and the total area covered and the collector shall not exceed the following:
(i) Plastic CC1 – 33 1/3 percent of the roof area;
(ii) Plastic CC2 – 25 percent of the roof area; and
(c) Collectors with plastic film covers having a thickness of not more than 0.010 of an inch (0.25 mm) shall have noncombustible sides and bottoms, and the total area covered by the collector shall not exceed 33 1/3 percent of the roof area.

S 10.2.4 Ground Installations. Solar collectors shall terminate above finished grade to avoid obstruction by vegetation, snow, or ice. The supporting columns shall extend below the frost line.

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S.10.2.5 Wall Mounted. Solar collectors mounted on a wall shall be secured and fastened in accordance with Section 313.0 of this Code.

S 10.2.6 Access. Access shall be provided to collectors and components in an approved manner. A work space adjacent to collectors for maintenance and repair shall be provided in accordance with requirements of the Authority Having Jurisdiction.

S 10.2.7 Stagnation Condition. The collector and other parts of the solar thermal assembly shall be capable of withstanding stagnant conditions in accordance with the manufacturer's instructions where high solar flux and no flow occurs.

S 10.2.8 Waterproofing. Joints between structural supports and buildings or dwellings, including penetrations made by bolts or other means of fastening, shall be made watertight with approved material.

S 10.2.9 Fasteners. Mountings and fasteners shall be made of corrosionresistant materials. Carbon steel mountings and fasteners shall be classified as noncorrosive in accordance with ASME SA194.

S 10.2.10 Combustible Materials. Solar thermal energy systems constructed with combustible materials shall not be located on or adjacent to construction required to be of noncombustible materials or in Very High Fire Hazard Severity Zone as defined in Title 32 - Fire Code – of the Los Angeles County Code, unless approved by the Authority Having Jurisdiction.

S 10.2.11 Orientation. Collectors shall be located and oriented in accordance with the manufacturer's installation instructions.

S 10.3 Fire Safety Requirements.

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S 10.3.1 Building Components. Collectors that function as building components shall be in compliance with Title 26 – Building Code – of the Los Angeles County Code.

S 11.0 Hazardous Heat Transfer Medium for Solar Thermal Energy Systems. Heat-transfer mediums that are hazardous shall not be used in solar thermal energy systems, except where approved by the Authority Having Jurisdiction.

S 11.1 Flash Points. The flash point of a heat-transfer medium shall be 50°F (10°C) or more above the design maximum temperature.

S 11.2 Discharge. The collector, collector manifold, and manifold relief valve shall not discharge directly or indirectly into the building or toward an open flame or other source of ignition.

S 12.0 Heat Exchangers.

S 12.1 General. Solar thermal energy systems utilizing heat exchangers shall protect the potable water system from being contaminated by the heat transfer medium. Systems that incorporate a single-wall heat exchanger to separate potable water from the heat transfer fluid shall meet all of the following requirements:
(1) The heat transfer medium is either potable water or contains fluids recognized as safe by the Food and Drug Administration (FDA) as food grade. (2) A tag or label shall be securely affixed to the heat source with the word "CAUTION" and the following statements:
(a) The heat transfer medium shall be water or other nontoxic fluid recognized as safe by the FDA.

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(b) The maximum operating pressure of the heat exchanger shall not exceed the maximum operating pressure of the potable water supply. (3) The word "CAUTION" and the statements listed above shall have an uppercase height of not less than 0.120 of an inch (3.048 mm). The vertical spacing between lines of type shall be not less than 0.046 of an inch (1.168 mm). Lowercase letters shall be not less than compatible with the uppercase letter size specification.

Systems that do not comply with the requirements for a single-wall heat exchanger shall install a double-wall heat exchanger. Double-wall heat exchangers shall separate the potable water from the heat transfer medium by providing a space between the two walls vented to the atmosphere.

S 13.0 Valves.

S 13.1 General. Valves shall be rated for the operating temperature and pressures of the solar thermal energy system and shall be compatible with the type of heat transfer medium and piping materials. Valves shall be installed in accordance with this Section.

S 13.2 Heat Exchanger. Shutoff valves and isolation valves shall be installed on the supply and return side of the heat exchanger.

Exception: Where a heat exchanger is an integral part of a boiler or is a part of a manufactured boiler and heat exchanger packaged unit, and is capable of being isolated from the hydronic system by supply and return valves.

S 13.3 Pressure Vessels. Isolation valves shall be installed on connections to pressure vessels.

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S 13.4 Pressure Reducing Valves. Isolation valves shall be installed on both sides of a pressure reducing valve.

S 13.5 Equipment, Components, and Appliances. Serviceable equipment, components, and appliances within the system shall have isolation valves installed upstream and downstream of such devices.

S 13.6 Expansion Tanks. Isolation valves shall be installed at connections to non-diaphragm-type expansions tanks.

S 13.7 Flow Balancing Valves. Where flow balancing valves are installed, such valves shall be capable of increasing or decreasing the amount of flow by means of adjustment.

S 13.7.1 Location. Balancing valves shall be installed at the outlet of each group of collectors.

S 13.8 Control Valves. An approved three-way valve shall be permitted to be installed for manual control systems. An approved electric control valve shall be permitted to be installed for automatic control systems. The installation and operation of automatic control valves shall comply with the manufacturer's instructions.

S 13.8.1 Mixing or Temperature Control Valves. Where mixing or temperature control valves are installed, such valves shall be capable of obtaining the design water temperature and design flow requirements.

S 13.9 Thermosiphoning. An approved type check valve shall be installed on liquid heat transfer piping to control thermosiphoning of heated liquids.

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S 13.10 Air Removal Device or Air Vents. Isolation valves shall be installed where air removal devices or automatic air vents are utilized to permit cleaning, inspection, or repair without shutting the system down.

S 13.11 Closed Loop Systems. Closed loop systems, where hose bibbs or similar valves are used to charge or drain the system, shall be of loose key type; have valve outlets capped; or have handles removed where the system is operational.

S 13.12 Fullway Valves. A fullway valve shall be installed in the following locations:
(1) On the water supply to a solar thermal energy system. (2) On the water supply pipe to a gravity or pressurized water tank. (3) On the water supply pipe to a water heater.

S 13.13 Accessible. Required fullway or shutoff valves shall be accessible.

S 14.0 Piping and Cross-connection Control For Solar Thermal Energy Systems.

S 14.1 Cross Connection Control. No piping installation, or part thereof, shall be made in such a manner that it will be possible for used, unclean, polluted, or contaminated water, mixtures, or substances to enter a portion of the potable water system from a pipe, tank, receptor, or any other equipment by reason of backsiphonage, suction, or any other cause, either during normal use and operation thereof, or where such pipe, tank, receptor, or equipment is subject to pressure exceeding the operating pressure in the potable water system.

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S 14.2 Materials.

S 14.2.1 Piping Materials. Piping, tubing, and fittings materials shall comply with Table S 14.2. Joining methods shall be in accordance with Section 605.0.

Materials in contact with the heat transfer medium shall be approved for such use.

Galvanized steel shall not be used for solar thermal piping systems containing antifreeze. Black steel shall not be used in systems with entrained air. Unions between dissimilar metals shall comply with Sections 310.6 and 605.15. The material used shall be capable of withstanding the maximum temperature and pressure of the system.

S 14.2.1.1 Plastic. Plastic used in the construction of a solar thermal system shall be installed in accordance with the manufacturer's installation instructions.

S 14.2.1.2 Combustible Materials. Combustible materials shall not be located on or adjacent to construction required to be of noncombustible materials or in fire areas, unless approved by the Authority Having Jurisdiction.

S 14.2.1.3 Adhesives. Adhesives used in a solar collector shall not vaporize at the design temperature.

S 14.2.1.4 Potable Water. Materials in contact with potable water shall comply with NSF 61. Piping in solar thermal systems designed to convey potable water shall be flushed and disinfected in accordance with this Code.

S 14.2.1.5 Racks. Dissimilar metals used for racking shall be isolated to prevent galvanic corrosion. Paint shall not be used as a method of isolation.

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S 14.2.1.6 Fasteners. Mountings and fasteners shall be made of corrosionresistant materials. Carbon steel mountings and fasteners shall be classified as noncorrosive in accordance with ASME SA194.

S 14.2.2 Storage Tank Connectors. Flexible metallic storage tank connectors or reinforced flexible storage tank connectors connecting a storage tank to the piping system shall be in accordance with the applicable standards referenced in Table S 18.1. Copper or stainless steel flexible connectors shall not exceed 24 inches (610 mm). PEX, PE-AL-PE, or PE-RT tubing shall not be installed within the first 18 inches (457 mm) of piping connected to a storage tank.

S 14.2.2.1 Flexible Connectors. Listed flexible connectors shall be installed in readily accessible locations, unless otherwise indicated in the listing.

S 14.3 Safety Devices.

S 14.3.1 Pressure Relief Valves. Solar thermal energy system components containing pressurized fluids shall be protected against pressures exceeding design limitations with a pressure relief valve. Each section of the system in which excessive pressures are capable of developing shall have a relief device located so that a section cannot be isolated from a relief device. Pressure and temperature relief valves shall be installed in accordance with the terms of their listing and the manufacturer's installation instructions.

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TABLE S 14.2

MATERIALS FOR SOLAR THERMAL SYSTEM, PIPING, TUBING, AND FITTINGS

MATERIAL STANDARDS

PIPING/TUBING FITTINGS
Copper/Copper Alloy
ASTM B42, ASTM B43, ASTM B75,
ASTM B88, ASTM B135, ASTM
B251*, ASTM B302, ASTM B447
ASME B16.15, ASME
B16.18, ASME B16.22, ASME
B16.23, ASME B16.24, ASME
B16.26, ASME B16.29,
ASME B16.51, ASSE 1061, ASTM
F3226, IAPMO PS 117
Steel
ASTM A53, ASTM A106, ASTM
A254
ASME B16.5, ASME
B16.9, ASME B16.11,
ASTM A420, ASTM
F3226, IAPMO PS 117
Gray Iron –– ASTM A126
Malleable Iron –– ASME B16.3
Chlorinated Polyvinyl Chloride
(CPVC)
ASTM D2846, ASTM F441, ASTM
F442, CSA B137.6
ASSE 1061, ASTM D2846, ASTM
F437, ASTM F438, ASTM F439,
ASTM F1970, CSA B137.6
Polyethylene (PE) ASTM D1693, ASTM D2513,
ASTM D2683, ASTM D2737, ASTM
D3035, ASTM D3350, ASTM F714,
ASTM F2165, AWWA C901, CSA
B137.1, NSF 358-1
ASTM D2609, ASTM D2683,
ASTM D3261, ASTM F1055, ASTM
F2165, CSA B137.1, NSF 358-1
Cross-Linked Polyethylene (PEX)
ASTM F876, ASTM F2165, ASTM
F3253, CSA B137.5, NSF
358-3
ASSE 1061, ASTM F877, ASTM
F1055, ASTM F1807, ASTM F1960,
ASTM F2080, ASTM F2098, ASTM
F2159, ASTM F2165, ASTM F2735,
ASTM F3253, ASTM F3347, ASTM
F3348, CSA B137.5, NSF 358-3
Polypropylene (PP) ASTM F2165, ASTM F2389, CSA
B137.11, NSF 358-2
ASTM F2165, ASTM F2389, CSA
B137.11, NSF 358-2
Polyvinyl Chloride (PVC)
ASTM D1785, ASTM D2241, CSA
B137.3
ASTM D2464, ASTM
D2466, ASTM D2467,
ASTM F1970, CSA
B137.2, CSA B137.3
Raised Temperature Polyethylene
(PE-RT)
ASTM F2165, ASTM F2623, ASTM
F2769, CSA B137.18
ASSE 1061, ASTM D3261, ASTM
F1055, ASTM F1807, ASTM
F2159, ASTM F2165, ASTM
F2735, ASTM F2769, CSA
B137.18
Cross-Linked
Polyethylene/Aluminum/ CrossLinked Polyethylene (PEX-AL-PEX) ASTM F1281, ASTM F2165, CSA
B137.10
ASTM F1281, ASTM F1974, ASTM
F2165, ASTM F2434, CSA
B137.10
Polyethylene/Aluminum/Polyethylen
e (PE- AL-PE)
ASTM F1282, ASTM F2165, CSA
B137.9
ASTM F1282, ASTM F1974, ASTM
F2165, CSA B137.9
Stainless Steel ASTM A269, ASTM A312, ASTM
A554, ASTM A778
ASTM F1476, ASTM
F1548, ASTM F3226,
IAPMO PS 117
Chlorinated Polyvinyl
Chloride/Aluminum/ Chlorinated
Polyvinyl Chloride
(CPVC/AL/CPVC)
ASTM F2855 ASTM D2846
Note:
* Only Type K, L, or M shall be permitted to be installed.

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S 14.3.2 Pressurized Vessels. Pressurized vessels shall be provided with overpressure protection by means of a listed pressure relief valve installed in accordance with the manufacturer's installation instructions.

S 14.3.3 Discharge Piping. The discharge piping serving a temperature relief valve, pressure relief valve, or combination of both shall have no valves, obstructions, or means of isolation and comply with the following:
(1) The discharge pipe shall equal the size of the valve outlet and shall discharge full size to the flood level of the area receiving the discharge and pointing down.
(2) Materials shall be rated at not less than the operating temperature of the system and approved for such use or shall comply with ASME A112.4.1. (3) The discharge pipe shall discharge independently by gravity through an air gap into the drainage system or outside of the building with the end of the pipe not exceeding 2 feet (610 mm) and not less than 6 inches (152 mm) above the ground and pointing downwards.
(4) The discharge pipe shall discharge in such a manner that does not cause personal injury or structural damage.
(5) No part of such discharge pipe shall be trapped or subject to freezing. (6) The terminal end of the pipe shall not be threaded. (7) Discharge from a relief valve into a water heater pan is prohibited. (8) The discharge termination point shall be readily observable.

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S 14.3.4 Vacuum Relief Valves. System components that are subjected to a vacuum while in operation or during shutdown shall be protected with vacuum relief valves. Where the piping configuration, equipment location, and valve outlets are located below the storage tank elevation, the system shall be equipped with a vacuum relief valve at the highest point.

S 14.3.5 Temperature Regulation. Where a system is capable of providing potable water at temperatures that exceed 140°F (60°C), a thermostatic mixing valve that is in accordance with ASSE 1017 shall be provided to limit the water supplied to the potable hot water distribution system to a temperature of 140°F (60°C) or less.

S 14.4 Protection of System Components.

S 14.4.1 Materials. System components in contact with heat-transfer mediums shall be approved for such use. Components installed outdoors shall be resistant to ultraviolet radiation.

S 14.4.2 Corrosion. Solar thermal energy systems and components subject to corrosion shall be protected in an approved manner. Metal parts exposed to atmospheric conditions shall be of corrosion-resistant material.

S 14.4.3 Mechanical Damage. Portions of a solar thermal energy system installed where subjected to mechanical damage shall be guarded against such damage by being installed behind approved barriers or, where located within a garage, be elevated or located out of the normal path of a vehicle.

S 14.4.4 Freeze Protection. Unless designed for such conditions, solar thermal energy systems and components that contain liquid as the heat transfer

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medium shall be protected from freezing, by means of fail-safe freeze protection in accordance with this Section, where the ambient temperature may be less than 46°F (8°C).

S 14.4.4.1 Antifreeze. Antifreeze shall be used in accordance with the solar thermal system manufacturer’s instructions.

S 14.4.4.2 Drainback. Drainback systems shall drain by gravity and shall be permitted to be installed in applications where the ambient temperature may not be less than -60°F (-51°C).

S 14.4.4.3 Integral Collector Storage. Integral collector storage systems shall be permitted to be installed in applications where the ambient temperature may not be less than 23°F (-5°C) and the duration of below-freezing episodes exceeding 18 hours. Exposed piping in a solar thermal energy system shall be protected with insulation having a thermal resistance of not less than R-5.0.

S 14.4.4.4 Indirect Thermosiphon. Indirect thermosiphon systems shall be permitted to be installed in applications where the ambient temperature may not be less than 23°F (-5°C). Exposed piping in a solar thermal energy system shall be protected with insulation having a thermal resistance of not less than R-5.

S 14.4.4.5 Air Heating Systems. Air solar heating systems shall be permitted to be used in accordance with the manufacturer's instructions.

S 14.4.4.6 Labeling. A label indicating the method of freeze protection for the system shall be attached to the system in a visible location.

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S 14.4.4.7 Piping. Fittings, pipe slope, and collector shall be designed to allow for manual gravity draining and air filling of solar thermal energy system components and piping. Pipe slope for gravity draining shall be not less than 1⁄4 inch per foot (20.8 mm/m) of horizontal length. Collector header pipes or absorber plate riser tubes internal to the collector shall be sloped in accordance with the manufacturer's instructions. Where a means to drain the system is provided, a drain valve shall be installed.

S 14.4.5 Water Hammer Protection. The flow of the hydronic piping system shall be designed to prevent water hammer.

S 14.4.6 Heat Transfer Fluid. Solar thermal piping shall be identified with an orange background with black uppercase lettering, with the words "CAUTION:

HEAT TRANSFER FLUID, DO NOT DRINK." Each solar thermal energy system shall be identified to designate the medium being conveyed. The minimum size of the letters and length of the color field shall comply with Table S 14.4.6.

Each outlet on the solar thermal piping system shall be posted with black uppercase lettering as follows:
"CAUTION: HEAT TRANSFER FLUID, DO NOT DRINK."
TABLE S 14.4.6

MINIMUM LENGTH OF COLOR FIELD AND SIZE OF LETTERS

OUTSIDE DIAMETER OF

PIPE OR COVERING
(inches)

MINIMUM LENGTH OF

COLOR FIELD
(inches)

MINIMUM SIZE OF

LETTERS
(inches)
½ to 1¼ 8 ½
1½ to 2 8 ¾

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2½ to 6 12 1¼
8 to 10 24 2½
Over 10 32 3½
For SI units: 1 inch = 25.4 mm
S 14.4.7 Insulation.

S 14.4.7.1 General. The temperature of surfaces within reach of building occupants shall not exceed 140°F (60°C) unless the surfaces are protected by insulation. Where sleeves are installed, the insulation shall continue full size through them. Coverings and insulation used for piping shall be of material approved for the operating temperature of the system and the installation environment. Where installed in a plenum, the insulation, jackets and lap-seal adhesives, including pipe coverings and linings, shall have a flame spread index not to exceed 25 and a smoke-developed index not to exceed 50 where tested in accordance with ASTM E84 or UL 723.

S 14.4.7.2 Heat Loss. Insulation shall be installed on interconnecting solar and hot water piping. The final 5 feet (1524 mm) of the cold water supply line, or the entire length where less than 5 feet (1524 mm), shall be insulated. The insulation thickness shall be in accordance with Table S 14.4.7.3(1) or Table S 14.4.7.3(2), or the insulation installed shall have an R-value of not less than R-2.6 degree Fahrenheit hour square foot per British thermal unit (°F•h•ft2/Btu) (R-0.46 m2•K/W). Piping, storage tanks, and circulating air ductwork shall be insulated. Ductwork and piping shall be permitted to not be insulated where exposed in conditioned spaces, and the heat loss from such ducts or piping does not otherwise contribute to the heating or cooling load within such space.

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Exception: Low temperature, aboveground piping installed for swimming pools, spas, and hot tubs in accordance with the manufacturer's installation instructions unless such piping is located within a building.

S 14.4.7.3 Piping. Pipes and fittings, other than unions, flanges, or valves, shall be insulated. Insulation material shall be approved for continuous operating temperatures of not less than 220°F (104°C). [See Table S 14.4.7.3(1) and Table S

14.4.7.3(2)].

TABLE S 14.4.7.3(1)

MINIMUM PIPE INSULATION
NPS
(inches)
PIPE O.D.
(inches)

INSULATION
I.D.
(inches)
INSULATION O.D.
(inches)

INSULATION NOMINAL THICKNESS
(inches)*
½ ¾ 1 1.5 2 2.5 3 3.5 4 4.5 5
1⁄2 0.84 0.86 1.84 2.36 2.88 4.00 5.00 6.62 7.62 8.62 9.62 10.75 11.75 3⁄4 1.05 1.07 2.06 2.36 2.88 4.00 5.00 6.62 7.62 8.62 9.62 10.75 11.75 1 1.315 1.33 2.32 2.88 3.50 4.50 5.56 6.62 7.62 8.62 9.62 10.75 11.75 11⁄4 1.660 1.68 2.66 3.28 3.50 5.00 5.56 6.62 7.62 8.62 9.62 10.75 11.75 11⁄2 1.900 1.92 2.78 3.50 4.00 5.00 6.62 7.62 8.62 9.62 10.75 11.75 12.75 2 2.375 2.41 3.42 3.98 4.50 5.56 6.62 7.62 8.62 9.62 10.75 11.75 12.75 21⁄2 2.875 2.91 3.88 4.48 5.00 6.62 7.62 8.62 9.62 10.75 11.75 12.75 14.00 3 3.500 3.53 4.50 4.96 5.56 6.62 7.62 8.62 9.62 10.75 11.75 12.75 14.00 31⁄2 4.000 4.03 4.96 5.56 6.62 7.62 8.62 9.62 10.75 11.75 12.75 12.75 14.00 4 4.500 4.53 5.56 6.58 6.62 7.62 8.62 9.62 10.75 11.75 12.75 14.00 15.00 6 6.625 6.70 7.80 8.12 8.62 9.62 10.75 11.75 12.75 14.00 15.00 16.00 17.00 For SI units: 1 inch = 25 mm
* Thickness values are applicable for calcium silicate, cellular foam plastics, cellular glass, mineral fiber, and perlite preformed insulation materials

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TABLE S 14.4.7.3(2)

STANDARD TUBING INSULATION THICKNESS
TUBE
SIZE
(inches)
TUBE O.D.
(inches) INSULATION
I.D.
(inches)
INSULATION O.D.
(inches)

INSULATION NOMINAL

THICKNESS
(inches)*
1 1.5 2 2.5 3 3.5 4 4.5 5
3⁄8 0.500 0.52 2.38 3.50 4.50 5.56 6.62 - - - -
1⁄2 0.625 0.64 2.88 3.50 4.50 5.56 6.62 - - - -
3⁄4 0.875 0.89 2.88 4.00 5.00 6.62 7.62 8.62 9.62 10.75 11.75 1 1.125 1.14 2.88 4.00 5.00 6.62 7.62 8.62 9.62 10.75 11.75 11⁄4 1.375 1.39 3.50 4.50 5.56 6.62 7.62 8.62 9.62 10.75 11.75 11⁄2 1.625 1.64 3.50 4.50 5.56 6.62 7.62 8,62 9.62 10.75 11.75 2 2.125 2.16 4.00 5.00 6.62 7.62 8.62 9.62 10.75 11.75 12.75 21⁄2 2.625 2.66 4.50 5.56 6.62 7.62 8.62 9.62 10.75 11.75 12.75 3 3.125 3.16 5.00 6.61 7.62 8.62 9.62 10.75 11.75 12.75 14.00 31⁄2 3.625 3.66 5.56 6.62 7.62 8.62 9.62 10.75 11.75 12.75 14.00 4 4.125 4.16 6.62 7.62 8.62 9.62 10.75 11.75 12.75 14.00 15.00 5 5.125 5.16 7.62 8.62 9.62 10.75 11.75 12.75 14.00 15.00 16.00 6 6.125 6.20 8.62 9.62 10.75 11.75 12.75 14.00 15.00 16.00 17.00 For SI units: 1 inch = 25 mm
* Thickness values are applicable for calcium silicate, cellular foam plastics, cellular glass, mineral fiber, and perlite preformed insulation materials.

S 14.4.7.4 Fittings. Fittings shall be insulated with mitered sections, molded fittings, insulating cement, or flexible insulation.

S 14.4.7.5 Installation. Insulation shall be finished with a jacket or facing with the laps sealed with adhesives or staples so as to secure the insulation on the pipe.

Insulation jacket seams shall be on the underside of the piping and shall overlap in accordance with the manufacturer's installation instructions. Joints and seams shall be sealed with a sealant that is approved for both the material and environmental conditions. In lieu of jackets, molded insulation shall be permitted to be secured with 16 gauge galvanized wire ties not exceeding 9 inches (229 mm) on center.

S 14.4.7.5.1 Exterior Applications. Insulation for exterior applications shall be finished with an approved jacket or facing with the surfaces and laps sealed.

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Jacketing, facing, and tape used for exterior applications shall be designed for such use.

Where flexible insulation is used, it shall be wrapped and sealed against water penetration. Insulation used for exterior applications shall be resistant to extreme temperatures, UV exposure, and moisture.

S 15.0 Specific Requirements.

S 15.1 Electrical.

S 15.1.1 Wiring. Electrical connections, wiring, and devices shall be installed in accordance with NFPA 70. Electrical equipment, appliances, and devices installed in areas that contain flammable vapors or dusts shall be of a type approved for such environment.

S 15.1.2 Controls. Required electrical, mechanical, safety, and operating controls shall be listed or labeled by a listing agency. Electrical controls shall be of such design and construction as to be suitable for installation in the environment in which they are located.

S 15.2 Flow Directions. Flow directions shall be permanently affixed on the solar thermal energy system.

S 15.3 Attic Installations. An attic space in which solar energy system components are installed shall comply with Section 508.4 of this Code.

S 15.4 Connections to Drainage System Required. Receptors, drains, appurtenances, and appliances, used to receive or discharge liquid waste, shall be connected to the drainage system of the building or premises in accordance with the requirements of this Code.

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S 15.5 Dry Storage Systems.

S 15.5.1 Waterproofing. The containment structure for dry thermal storage systems shall be constructed in an approved manner to prevent the infiltration of water or moisture.

S 15.5.2 Detecting Water Intrusion. The containment structure shall be capable of fully containing spillage or moisture accumulation that occurs. The structure shall have a means, such as a sight glass, to detect spillage or moisture accumulation, and shall be fitted with a drainage device to eliminate spillage.

S 15.5.3 Rock as Storage Material. Systems utilizing rock as the thermal storage material shall use clean, washed rock that is free of organic material.

S 15.5.4 Odor and Particulate Control. Thermal storage materials and containment structures, including interior protective coating, shall not impart toxic elements, particulate matter, or odor to areas of human occupancy.

S 15.6 Heat Pumps. Heat pumps shall be in compliance with Table S

15.6, as applicable. Heat pumps shall also be listed and labeled in accordance with UL 1995 or UL 60335-2-40. Heat pumps shall be fitted with a means to indicate that the compressor is locked out.

TABLE S 15.6

TYPE OF HEAT PUMP STANDARDS
Water-to-Air AHRI/ASHRAE/ISO 13256-1
Water-to-Water AHRI/ASHRAE/ISO 13256-2
Air Source AHRI 210/240

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S 16.0 Solar Thermal Energy Systems for Swimming Pool, Spas, and Hot Tubs.

S 16.1 Water Chemistry. Where water from a swimming pool, spa, or hot tub is heated by way of circulation through solar collectors, the chemistry of such water shall comply with the requirements of Section S 16.2 and shall be filtered in accordance with Section S 16.3 and Section S 16.3.1 of this Code.

S 16.2 Parameters. Parameters for chemicals used within a swimming pool, spa, or hot tub shall be in accordance with Table S 16.2.

TABLE S 16.2

WATER CHEMISTRY

PARAMETER ACCEPTABLE RANGE
Calcium hardness 200 – 400 parts per million (ppm)
Langelier Saturation Index 0 (+ or - 0.3 acceptable)
pH 7.2 – 7.8
TDS < 1500 ppm
Total alkalinity 80 – 120 ppm For SI Units: 1 part per million = 1 mg/L S 16.3 Filter. A filter shall be provided to remove debris from the water entering the solar loop.

Exception: A solar swimming pool, spa, or hot tub heating system with a heat exchanger.

S 16.3.1 Location. A filter shall be located upstream of a pump used to direct water to solar collectors.

S 16.4 Corrosion Resistant. Glazed solar collectors made of copper shall not be used for solar pool, spa, or hot tub heating.

HOA.103795022.3 59
Exception: Where a heat exchanger is provided between the collector circuit and the swimming pool, spa, or hot tub water.

S 17.0 Certificate of Compliance. Upon completion of the solar thermal energy system, the permittee shall sign a Certificate of Compliance with this Code. The Certificate of Compliance shall also list the following information:
(1) Type of freeze protection;
(2) Mixing valve setting degrees Fahrenheit (º F);
(3) Subsystem working pressure (if applicable) pounds per square inch; (4) Subsystem test pressure (if applicable) pounds per square inch; (5) Heat exchanger make and model number (if applicable); (6) Circulating pump over temperature protection shut-off setting degrees Fahrenheit (º F) for one-tank systems where the water heater controls utilize fusible-link type over temperature protection.

This Certificate shall be posted in a conspicuous location at or near the water heater.

S 18.0 General.

S 18.1 Referenced Standards. The standards listed in Table S 18.1 are referenced in various sections of this Appendix and shall be considered part of the requirements of this Code. The standards are listed herein by the standard number and

HOA.103795022.3 60
effective date, the title and application. The application of the referenced standard(s) shall be as specified in Section S 5.2.

TABLE S 18.1

REFERENCED STANDARDS

STANDARD
NUMBER

STANDARD
TITLE

APPLICATION
AHRI 210/240-2017 Performance Rating of Unitary Airconditioning & Air- source Heat Pump Equipment
Air-Source
Heat Pumps
AHRI 870-2016 Performance Rating of Direct Geoexchange
Heat Pumps
Equipment

AHRI/ASHRAE/ISO
13256-1-1998
(R2012)
Water-Source Heat Pumps – Testing and
Rating for Performance – Part 1: Water-toAir and Brine-to-Air Heat Pumps Water-Source
Heat Pumps

AHRI/ASHRAE/ISO
13256-2-1998
(R2012)
Water-Source Heat Pumps – Testing and
Rating for Performance – Part 2: Water-toWater and Brine-to-Water Heat Pumps Water-Source
Heat Pumps
ASHRAE 34-2019 Designation and Safety Classification of Refrigerants
Refrigerant
Classifications
ASHRAE 194-
2017
Method of Test for Direct-Expansion
Ground-Source Heat Pumps
Ground-Source
Heat Pumps
ASME A112.1.2-
2012 (R2017)
Air Gaps in Plumbing Systems (for
Plumbing Fixtures and Water-Connected
Receptors)
Backflow
Protection
ASME A112.1.3-
2000 (R2015)
Air Gap Fittings for Use with Plumbing
Fixtures, Appliances, and Appurtenances
Backflow
Protection
ASME A112.4.1-
2009 (R2019)
Water Heater Relief Valve Drain Tubes Discharge
Piping
ASME B1.20.1-
2013 (R2018)
Pipe Threads, General Purpose (Inch) Joints
ASME B16.3-2016 Malleable Iron Threaded Fittings: Classes 150 and 300
Fittings
ASME B16.5-2017 Pipe Flanges and Flanged Fittings: NPS
1⁄2 Through NPS 24 Metric/Inch
Fittings
ASME B16.9-2018 Factory-Made Wrought Buttwelding
Fittings
Fittings
ASME B16.11-
2016
Forged Fittings, Socket-Welding and
Threaded
Fittings

HOA.103795022.3 61
ASME B16.15-
2018
Cast Copper Alloy Threaded Fittings:

Classes 125 and 250
Fittings
ASME B16.18-
2018
Cast Copper Alloy Solder Joint Pressure
Fittings
Fittings
ASME B16.22-
2018
Wrought Copper and Copper Alloy SolderJoint Pressure FittingsFittings ASME B16.23-
2016
Cast Copper Alloy Solder Joint Drainage
Fittings: DWV
Fittings
ASME B16.24-
2016
Cast Copper Alloy Pipe Flanges, Flanged
Fittings, and Valves: Classes 150, 300,
600, 900, 1500, and 2500
Fittings
ASME B16.26-
2018
Cast Copper Alloy Fittings for Flared
Copper Tubes
Fittings
ASME B16.29-
2017
Wrought Copper and Wrought Copper
Alloy Solder-Joint Drainage Fittings –
DWV
Fittings
ASME B16.51-
2018
Copper and Copper Alloy Press-Connect
Pressure Fittings
Fittings

ASME BPVC
Section VIII.1-2019
Rules for Construction of Pressure
Vessels Division 1
Miscellaneous

ASME BPVC
Section X- 2019
Fiber-Reinforced Plastic Pressure Vessels Pressure
Vessel
Construction,
Pressure
Vessels
ASME SA194-
2015
Carbon and Alloy Steel Nuts for Bolts for
High Pressure or High Temperature
Service, or Both
Mounting
ASSE 1013-2011 Reduced Pressure Principle Backflow
Preventers and Reduced Pressure
Principle Fire Protection Backflow Preventers
Backflow
Prevention
ASSE 1017-2009 Temperature Actuated Mixing Valves for
Hot Water Distribution Systems
Valves
ASSE 1061-2015 Push-Fit Fittings Fittings
ASSE 1079-2012 Dielectric Pipe Unions Fittings
ASTM A53/A53M2018Pipe, Steel, Black and Hot-Dipped, ZincCoated, Welded and SeamlessPiping ASTM
A106/A106M2019a
Seamless Carbon Steel Pipe for HighTemperature Service Piping

HOA.103795022.3 62
ASTM A126-2004
(R2019)
Gray Iron Castings for Valves, Flanges,
and Pipe Fittings
Piping
ASTM
A254/A254M-2012
(R2019)
Copper-Brazed Steel Tubing Piping
ASTM
A269/A269M2015a (R2019)
Seamless and Welded Austenitic Stainless
Steel Tubing for General Service
Piping
ASTM
A312/A312M-2019
Seamless, Welded, and Heavily Cold
Worked Austenitic Stainless Steel Pipes
Piping
ASTM
A420/A420M2019a
Piping Fittings of Wrought Carbon Steel
and Alloy Steel for Low-Temperature
Service
Fittings
ASTM A554-2016 Welded Stainless Steel Mechanical
Tubing
Piping
ASTM
A778/A778M-2016
Welded, Unannealed Austenitic Stainless
Steel Tubular Products
Piping
ASTM B32-2008
(R2014)
Solder Metal Joints
ASTM B42-2015a Seamless Copper Pipe, Standard Sizes Piping ASTM B43-2015 Seamless Red Brass Pipe, Standard
Sizes
Piping
ASTM B75/B75M2019Seamless Copper Tube Piping
ASTM B88-2016 Seamless Copper Water Tube Piping
ASTM
B135/B135M-2017
Seamless Brass Tube Piping
ASTM
B251/B251M-2017
General Requirements for Wrought
Seamless Copper and Copper-Alloy Tube
Piping
ASTM B280-2019 Seamless Copper Tube for Air
Conditioning and Refrigeration Field
Service
Piping
ASTM B302-2017 Threadless Copper Pipe, Standard Sizes Piping ASTM B447-2012a Welded Copper Tube Piping
ASTM B813-2016 Liquid and Paste Fluxes for Soldering of Copper and Copper Alloy Tube
Joints
ASTM B828-2016 Making Capillary Joints by Soldering of
Copper and Copper Alloy Tube and
Fittings
Joints

HOA.103795022.3 63
ASTM C411-2019 Hot-Surface Performance of HighTemperature Thermal InsulationDuct Coverings and Linings
ASTM D1693-2015 Environmental Stress-Cracking of
Ethylene Plastics
Piping
ASTM D1785-
2015e1
Poly(Vinyl Chloride) (PVC) Plastic Pipe,
Schedules 40, 80, and 120
Piping
ASTM D2241-2015 Poly(Vinyl Chloride) (PVC) PressureRated Pipe (SDR Series)Piping ASTM D2464-2015 Threaded Poly(Vinyl Chloride) (PVC)
Plastic Pipe Fittings, Schedule 80
Fittings
ASTM D2466-2017 Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40
Fittings
ASTM D2467-2015 Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80
Fittings
ASTM D2513-2019 Polyethylene (PE) Gas Pressure Pipe,
Tubing, and Fittings
Piping
ASTM D2564-2012
(R2018)
Solvent Cements for Poly(Vinyl Chloride)
(PVC) Plastic Piping Systems
Joints
ASTM D2609-2015 Plastic Insert Fittings for Polyethylene (PE) Plastic Pipe
Fittings
ASTM D2683-2014 Socket-Type Polyethylene Fittings for
Outside Diameter- Controlled Polyethylene
Pipe and Tubing
Fittings
ASTM D2737-
2012a
Polyethylene (PE) Plastic Tubing Piping
ASTM
D2846/D2846M2019a
Chlorinated Poly(Vinyl Chloride) (CPVC)
Plastic Hot- and Cold-Water Distribution
Systems
Piping
ASTM D3035-2015 Polyethylene (PE) Plastic Pipe (DR-PR)
Based on Controlled Outside Diameter
Piping
ASTM D3139-2019 Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals
Joints
ASTM D3261-2016 Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe
and Tubing
Fittings
ASTM D3350-2014 Polyethylene Plastics Pipe and Fittings Materials
Piping
ASTM E84-2019b Surface Burning Characteristics of Building Materials
Miscellaneous
ASTM F437-2015 Threaded Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80
Fittings

HOA.103795022.3 64
ASTM F438-2017 Socket-Type Chlorinated Poly (Vinyl
Chloride) (CPVC) Plastic Pipe Fittings,
Schedule 40
Fittings
ASTM F439-2019 Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80
Fittings
ASTM
F441/F441M-2015
Chlorinated Poly (Vinyl Chloride) (CPVC)
Plastic Pipe, Schedules 40 and 80
Piping
ASTM
F442/F442M-2019
Chlorinated Poly (Vinyl Chloride) (CPVC)
Plastic Pipe (SDR-PR)
Piping, Plastic
ASTM F493-2014 Solvent Cements for Chlorinated Poly
(Vinyl Chloride) (CPVC) Plastic Pipe and
Fittings
Joints
ASTM F656-2015 Primers for Use in Solvent Cement Joints of Poly (Vinyl Chloride) (PVC) Plastic Pipe
and Fittings
Joints
ASTM F714-2013
(R2019)
Polyethylene (PE) Plastic Pipe (DR-PR)
Based on Outside Diameter
Piping
ASTM F876-2019a Crosslinked Polyethylene (PEX) Tubing Piping ASTM F877-2019 Crosslinked Polyethylene (PEX) Hot- and
Cold-Water Distribution Systems
Piping
ASTM F1055-
2016a
Electrofusion Type Polyethylene Fittings
for Outside Diameter Controlled
Polyethylene and Crosslinked
Polyethylene (PEX) Pipe and Tubing
Fittings
ASTM F1281-2017 Crosslinked Polyethylene/
Aluminum/Crosslinked Polyethylene (PEXAL-PEX) Pressure Pipe Piping
ASTM F1282-2017 Polyethylene/Aluminum/Polyethylene (PEAL-PE) Compo- site Pressure PipePiping ASTM F1476-2007
(R2019)
Performance of Gasketed Mechanical
Couplings for Use in Piping Applications
Fittings
ASTM F1548-2001
(R2018)
Performance of Fittings for Use with
Gasketed Mechanical Couplings Used in
Piping Applications
Fittings
ASTM F1807-
2019b
Metal Insert Fittings Utilizing a Copper
Crimp Ring, or Alternate Stainless Steel
Clamps, for SDR9 Cross-linked
Polyethylene (PEX) Tubing and SDR9
Polyethylene of Raised Temperature (PERT) Tubing
Fittings

HOA.103795022.3 65
ASTM F1960-
2019a
Cold Expansion Fittings with PEX
Reinforcing Rings for Use with Crosslinked Polyethylene (PEX) and Polyethylene of Raised Temperature (PERT) Tubing
Fittings
ASTM F1970-2019 Special Engineered Fittings,
Appurtenances or Valves for Use in Poly
(Vinyl Chloride) (PVC) or Chlorinated Poly
(Vinyl Chloride) (CPVC) Systems
Piping
ASTM F1974-2009
(R2015)
Metal Insert Fittings for
Polyethylene/Aluminum/Polyethylene and
Crosslinked
Polyethylene/Aluminum/Crosslinked
Polyethylene Composite Pressure Pipe
Fittings
ASTM F2080-2019 Cold-Expansion Fittings with Metal
Compression-Sleeves for Crosslinked
Polyethylene (PEX) Pipe and SDR9
Polyethylene of Raised Temperature (PERT) Pipe
Fittings
ASTM F2098-2018 Stainless Steel Clamps for Securing SDR9 Cross-linked Polyethylene (PEX) Tubing
and SDR9 Polyethylene of Raised
Temperature (PE-RT) to Metal Insert and
Plastic Insert Fittings
Fittings
ASTM F2159-
2019a
Plastic Insert Fittings Utilizing a Copper
Crimp Ring, or Alternate Stainless Steel
Clamps for SDR9 Cross-linked
Polyethylene (PEX) Tubing and SDR9
Polyethylene of Raised Temperature (PERT) Tubing
Fittings
ASTM F2165-2019 Flexible Pre-Insulated Plastic Piping Fittings, Piping and Tubing
ASTM F2389-2019 Pressure-Rated Polypropylene (PP) Piping Systems
Piping
ASTM F2434-2019 Metal Insert Fittings Utilizing a Copper Crimp Ring for SDR9 Cross-linked
Polyethylene (PEX) Tubing and SDR9
Cross-linked
Polyethylene/Aluminum/Cross-linked
Polyethylene (PEX-AL-PEX) Tubing
Fittings
ASTM F2620-2019 Heat Fusion Joining of Polyethylene Pipe and Fittings
Joints

HOA.103795022.3 66
ASTM F3347-2019a Metal Press Insert Fittings with Factory Assembled Stainless Steel Press Sleeve
for SDR9 Cross-linked Polyethylene (PEX)
Tubing
Fittings
ASTM F3348-2019 Plastic Press Insert Fittings with Factory Assembled Stainless Steel Press Sleeve
for SDR9 Cross-linked Polyethylene (PEX)
Tubing
Fittings
AWS A5.8M/A5.8-2019 Filler Metals for Brazing and Braze Welding
Joints
AWWA C901-2017 Polyethylene (PE) Pressure Pipe and
Tubing, 3⁄4 In. (19 mm) Through 3 In.
(76 mm), for Water Service
Piping
CSA B137.1-2017 Polyethylene (PE) Pipe, Tubing, and
Fittings for Cold-Water Pressure Services
Piping
CSA B137.2-2017 Polyvinylchloride (PVC) Injection-Moulded Gasketed Fittings for Pressure
Applications
Fittings
CSA B137.3-2017 Rigid Polyvinylchloride (PVC) Pipe and
Fittings for Pressure Applications
Piping, Fittings
CSA B137.5-2017 Crosslinked Polyethylene (PEX) Tubing
Systems for Pressure Applications
Piping
ASTM F2623-2019 Polyethylene of Raised Temperature (PERT) Systems for Non-Potable Water Applications
Piping
ASTM F2735-2018 Plastic Insert Fittings for SDR9 Crosslinked Polyethylene (PEX) and Polyethylene of Raised Temperature (PERT) Tubing
Fittings
ASTM F2769-2018 Polyethylene of Raised Temperature (PERT) Plastic Hot and Cold-Water Tubing and Distribution Systems
Piping, Fitting
ASTM F2855-2019 Chlorinated Poly (Vinyl
Chloride)/Aluminum/Chlorinated Poly
(Vinyl Chloride) (CPVC-AL-CPVC)
Composite Pressure Tubing
Piping, Plastic
ASTM F3226/F3226M2019Metallic Press-Connect Fittings for Piping and Tubing Systems
Fittings
ASTM F3253-2019 Crosslinked Polyethylene (PEX) Tubing
with Oxygen Barrier for Hot- and ColdWater Hydronic Distribution Systems Piping, Fittings

HOA.103795022.3 67
CSA B137.6-2017 Chlorinated Polyvinylchloride (CPVC)
Pipe, Tubing, and Fittings for Hot- and
Cold-Water Distribution Systems
Piping, Fittings
CSA B137.9-2017 Polyethylene/Aluminum/Polyethylene (PEAL-PE) Composite Pressure-Pipe SystemsPiping CSA B137.10-2017 Crosslinked
Polyethylene/Aluminum/Crosslinked
Polyethylene (PEX-AL-PEX) Composite
Pressure-Pipe Systems
Piping
CSA B137.11-2017 Polypropylene (PP-R) Pipe and Fittings for Pressure Applications
Piping
CSA B137.18-2017 Polyethylene of Raised Temperature
Resistance (PE-RT) Tubing Systems for
Pressure Applications
Piping, Fittings
CSA C22.2 No. 108-
2014 (R2019)
Liquid Pumps Pumps
CSA C448.1-2016 Design and Installation of Ground Source Heat Pump Systems for Commercial and
Institutional Buildings
Ground-Source
Heat Pumps
CSA C448.2-2016 Design and Installation of Ground Source Heat Pump Systems for Residential and
Other Small Buildings
Ground-Source
Heat Pumps
CSA/IGSHPA C448-
2016
Design and Installation of Ground Source
Heat Pump Systems for Commercial and
Residential Buildings
Miscellaneous
CSA Z21.10.1-2019 Gas Water Heaters, Volume I, Storage
Water Heaters with Input Ratings of
75,000 Btu Per Hour or Less (same as
CSA 4.1)
Fuel Gas,
Appliances
CSA Z21.10.3-2019 Gas-Fired Water Heaters, Volume III,
Storage Water Heaters with Input Ratings
Above 75,000 Btu Per Hour, Circulating
and Instantaneous (same as CSA 4.3)
Fuel Gas,
Appliances
IAPMO PS 117-2019 Press Connections Fittings
IAPMO S1001.1-
2013 (R2019)
Design and Installation of Solar Water
Heating Systems
Solar Thermal
Systems
ICC 900/SRCC 300-
2015
Solar Thermal System Standard Solar Thermal
Systems
ICC 901/SRCC 100-
2015
Solar Thermal Collector Standard Collectors
NFPA 70-2020 National Electrical Code Miscellaneous

HOA.103795022.3 68
NGWA-01-2014 Water Well Construction Standard Geothermal NSF 60-2019 Drinking Water Treatment ChemicalsHealth EffectsBackfill NSF 61-2019 Drinking Water System Components -
Health Effects
Miscellaneous
NSF 358-1-2017 Polyethylene Pipe and Fittings for WaterBased Ground- Source "Geothermal" Heat Pump Systems
Piping, Fittings
NSF 358-2-2017 Polypropylene Pipe and Fittings for WaterBased Ground- Source "Geothermal" Heat Pump Systems
Piping, Fittings
NSF 358-3-2016 Cross-Linked Polyethylene (PEX) Pipe
and Fittings for Water- Based GroundSource (Geothermal) Heat Pump Systems
Piping, Fittings
NSF 358-4-2018 Polyethylene of Raised Temperature (PERT) Tubing and Fittings for Water-Based Ground-Source (Geothermal) Heat Pump
Systems
Piping, Fittings
UL 723-2018 Test for Surface Burning Characteristics
of Building Materials
Miscellaneous
UL 778-2016 Motor-Operated Water Pumps (with
revisions through January 17, 2019)
Pumps
UL 834-2004 Heating, Water Supply, and Power
Boilers – Electric (with revisions through
July 17, 2019)
Appliances
UL 1279-2010 Outline of Investigation for Solar
Collectors
Electrical
UL 1699B-2018 Photovoltaic (PV) DC Arc-Fault Circuit
Protection
Electrical
UL 1703-2002 Flat-Plate Photovoltaic Modules and
Panels (with revisions through November
25, 2019)
Electrical
UL 1741-2010 Inverters, Converters, Controllers and
Interconnection System Equipment for
Use With Distributed Energy Resources
(with revisions through February 15,
2018)
Electrical
UL 1995-2015 Heating and Cooling Equipment (with
revisions through August 17, 2018)
Heat Pumps

HOA.103795022.3 69
UL 2523-2009 Solid Fuel-Fired Hydronic Heating
Appliances, Water Heaters, and Boilers
(with revisions through March 16, 2018)
Fuel Gas,
Appliances
UL 2703-2015 Mounting Systems, Mounting Devices,
Clamping/Retention Devices, and Ground
Lugs for Use with Flat-Plate Photovoltaic
Modules and Panels (with revisions
through December 16, 2019)
Electrical
UL 2989-2016 Outline of Investigation for Tracer Wire Tracer Wire UL 3703-2015 Solar Trackers Electrical
ASHRAE 95-
1981 (RA1987)
Methods of Testing to Determine the
Thermal Performance of Solar Domestic
Water Heating Systems
Testing
ASHRAE 96-
1980 (RA1989)
Thermal Performance of Unglazed FlatPlate Liquid-Type Solar CollectorsTesting, Collector UL 4703-2014 Photovoltaic Wire Electrical
UL 6703-2014 Connectors for Use in Photovoltaic
Systems (with revisions through
December 22, 2017)
Electrical
UL 8703-2011 Outline of Investigation for Concentrator
Photovoltaic Mod- ules and Assemblies
Electrical
UL 60335-2-40-2017 Household And Similar Electrical
Appliances-Safety-Part 2- 40: Particular
Requirements for Electrical Heat Pumps,
Air- Conditioners and Dehumidifiers
Heat Pumps
UL 61730-1-2017 Photovoltaic (PV) Module Safety
Qualification - Part 1: Requirements for
Construction
Electrical
UL 61730-2-2017 Photovoltaic (PV) Module Safety
Qualification - Part 2: Requirements for
Testing
Electrical
UL 62109-1-2014 Safety of Power Converters for Use in
Photovoltaic Power Systems - Part 1:

General Requirements (with revisions
through April 30, 2019)
Electrical
ASHRAE 90.1-2019 Energy Standard for Buildings Except
Low-Rise Residential Buildings
Energy
ASHRAE 93-2010
(RA2014)
Methods of Testing to Determine the
Thermal Performance of Solar
Collectors
Testing

HOA.103795022.3 70
ASME A13.1-2015 Scheme for the Identification of Piping Systems
Piping
ASME B16.21-2016 Nonmetallic Flat Gaskets for Pipe
Flanges
Joints
ASME B16.34-2017 Valves - Flanged, Threaded, and Welding End
Valves
ASME B16.47-2017 Large Diameter Steel Flanges: NPS 26
Through NPS 60 Metric/Inch
Fittings
ASME BPVC Section
IV- 2017
Rules for Construction of Heating Boilers Miscellaneous ASME BPVC Section
IX- 2017
Welding, Brazing, and Fusing
Qualifications
Certification
ASSE 1010-2004 Water Hammer Arresters Water Supply
Component
ASTM A377-2018 Ductile Iron Pressure Pipe Piping, Ferrous ASTM A733-2016 Welded and Seamless Carbon Steel and
Austenitic Stainless Steel Pipe Nipples
Piping, Ferrous
ASTM D56-2016a Flash Point by Tag Closed Cup Tester Testing ASTM D93-2019 Flash Point by Pensky-Martens Closed
Cup Tester
Testing
ASTM D635-2018 Rate of Burning and/or Extent and Time
of Burning of Plastics in a Horizontal
Position
Testing
ASTM D2235-
2004 (R2016)
Solvent Cement for AcrylonitrileButadiene-Styrene (ABS) Plastic Pipe and Fittings
Joints
ASTM D2672-2014 Joints for IPS PVC Pipe Using Solvent
Cement
Joints
ASTM D2855-2015 Two-Step (Primer and Solvent Cement)
Method of Joining Poly (Vinyl Chloride)
(PVC) or Chlorinated Poly (Vinyl
Chloride) (CPVC) Pipe and Piping
Components with Tapered Sockets
Joints
ASTM D3278-
1996 (R2011)
Flash Point of Liquids by Small Scale
Closed-Cup Apparatus
Testing
ASTM E136-2019a Assessing Combustibility of Materials
Using a Vertical Tube Furnace at 750°C
Furnace
ASTM F480-2014 Thermoplastic Well Casing Pipe and
Couplings Made in Standard Dimension
Ratios (SDR), SCH 40 and SCH 80
Piping, Plastic
ASTM F891-2016 Coextruded Poly(Vinyl Chloride) (PVC)
Plastic Pipe with a Cellular Core
Piping, Plastic

HOA.103795022.3 71
AWS B2.2/B2.2M-2016 Brazing Procedure and Performance
Qualification
Certification
AWWA C507-2018 Ball Valves, 6 In. through 60 In. (150 mm Through 1,500 mm)
Valves
BS EN 12975-1-
2006 (R2010)
Thermal Solar Systems and Components
– Solar Collectors – Part 1: General
Requirements
Collector
BS EN 12976-1-2017 Thermal Solar Systems and Components – Factory Made Systems – Part 1:

General Requirements
Solar Thermal
Systems
BS EN 12976-2-2017 Thermal Solar Systems and Components – Factory Made Systems – Part 2: Test
Methods
Solar Thermal
Systems
BS EN ISO 9806-2017 Solar Energy – Solar Thermal Collectors – Test Methods
Collector
BS EN ISO 9488-2000 Solar Energy – Vocabulary Miscellaneous CSA Z21.22-2015 Relief Valves for Hot Water Supply
Systems (same as CSA 4.4)
Valves
TABLE S 18.2

STANDARDS, PUBLICATIONS, PRACTICES, AND GUIDES

DOCUMENT
NUMBER

DOCUMENT TITLE APPLICATION
CSA Z21.24-2015 Connectors for Gas Appliances (same as
CSA 6.10)
Fuel Gas
IAPMO IGC 332-
2017a
Hydronic Radiators Hydronic
Systems
IEEE 937-2007 Installation and Maintenance of LeadAcid Batteries for Photovoltaic (PV) Systems
Installation
and
Maintenance,
Photovoltaic
IEEE 1013-2019 Sizing Lead-Acid Batteries for Stand-Alone Photovoltaic (PV) Systems
Photovoltaic,
Sizing
IEEE 1361-2014 Selecting, Charging, Testing, and
Evaluating Lead-Acid Batteries Used in
Stand-Alone Photovoltaic (PV) Systems
Testing,
Evaluation
IEEE 1526-2003 Testing the Performance of Stand-Alone
Photovoltaic Systems
Testing,
Photovoltaic
IEEE 1547-2018 Interconnection and Interoperability of
Distributed Energy Resources with
Associated Electric Power Systems
Interfaces
Connections,
Photovoltaic

HOA.103795022.3 72
IEEE 1562-2007 Array and Battery Sizing in Stand-Alone
Photovoltaic (PV) Systems
Array,
Battery,
Photovoltaic
IEEE 1661-2019 Test and Evaluation of Lead-Acid Batteries Used in Photovoltaic (PV) Hybrid Power
Systems
Testing and
Evaluation,
Photovoltaic
MSS SP-58-2018 Pipe Hangers and Supports – Materials,
Design, Manufacture, Selection,
Application, and Installation (including
Amendment 1, dated October 17, 2019)
Fuel Gas
MSS SP-80-2019 Bronze Gate, Globe, Angle, and Check
Valves
Valves
NFPA 54/Z223.1-
2018
National Fuel Gas Code Fuel Gas
NFPA 274-2018 Test Method to Evaluate Fire Performance
Characteristics of Pipe Insulation
Pipe Insulation
NSF 14-2018 Plastic Piping System Components and
Related Materials
Piping, Plastic
UL 174-2004 Household Electric Storage Tank Water
Heaters (with revisions through
December 3, 2019)
Appliances
UL 873-2007 Temperature-Indicating and -Regulating
Equipment (with revisions through
February 6, 2015)
Electrical
UL 916-2015 Energy Management Equipment Electrical
UL 1453-2016 Electric Booster and Commercial Storage
Tank Water Heaters (with revisions through
May 18, 2018)
Appliances
UL 60730-1 2016 Automatic Electrical Controls – Part 1:

General Requirements
Electrical

HOA.103795022.3 73
ABBREVIATIONS IN TABLE S 18.1 AND TABLE S 18.2

AHRI
ANSI
ASHRAE
Air-Conditioning, Heating, and Refrigeration Institute, 2311 Wilson Boulevard, Suite 400, Arlington, VA22201. American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036.

American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc., 1791 Tullie Circle, NE,
Atlanta, GA 30329-2305.

ASME American Society of Mechanical Engineers, Two Park Avenue, New York, NY 10016-5990.

ASSE American Society of Sanitary Engineering, 18927 Hickory Creek Drive, Suite 220, Mokena, IL 60448.

ASTM ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

AWS American Welding Society, 8669 NW 36 Street, # 130, Miami, FL 33166- 6672.

AWWA American Water Works Association, 6666 W. Quincy Avenue, Denver, CO 80235.

BSI (BS EN) British Standard International, 389 Chiswick High Road, London, W4 4AL United Kingdom.

CSA Canadian Standards Association, 178 Rexdale Boulevard, Toronto, ON, Canada M9W 1R3.
e1 An editorial change since the last revision or reapproval.

IAPMO International Association of Plumbing and Mechanical Officials, 4755 E.

Philadelphia Street, Ontario, CA 91761.

ICC International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001.

IEEE The Institute of Electrical and Electronics Engineers, Inc., 3 Park Avenue, 17th Floor, New York, NY 10016-5997.

MSS Manufacturers Standardization Society of the Valve and Fittings Industry, 127 Park Street NE, Vienna, VA 22180.

NFPA National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471.

NGWA National Ground Water Association, 601 Dempsey Road, Westerville, OH 43081.

NSF NSF International, 789 N. Dixboro Road, Ann Arbor, MI 48105.

SRCC Solar Rating and Certification Corporation, 3060 Saturn Street, Suite 100, Brea, CA 92821.

UL Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL 60062.

HOA.103795022.3 74
SECTION 28. The provisions of this ordinance contain various changes, modifications, and additions to the 2022 California Plumbing Code. Some of those changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Building Standards Code.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code that are contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. Without limiting the foregoing, the County makes additional findings herein:

PLUMBING CODE AMENDMENTS

CODE SECTION CONDITION EXPLANATION
Section 304.1 Geological
Topographical
Climatic
The County of Los Angeles is a densely
populated area with buildings constructed
within a region where water is scarce and
domestic water service is impacted by
immoderate and varying weather conditions,
including periods of extended drought. The
proposed measures will require buildings to
be more water efficient and allow greater
conservation of domestic water due to these
local conditions.

HOA.103795022.3 75
Sections 601.2.3 Geological
Topographical
Climatic
The County of Los Angeles is a densely
populated area with buildings constructed
within a region where water is scarce and
domestic water service is impacted by
immoderate and varying weather conditions,
including periods of extended drought. The
proposed measures will require buildings to
be more water efficient and allow greater
conservation of domestic water due to these
local conditions.

Section 721.3 Geological
Topographical
To allow for the proper operation of existing
Los Angeles County sewer infrastructure and
establish consistency with Title 20 – Utilities –
of the Los Angeles County Code, Division 2
(Sanitary Sewers and Industrial Waste) due
to local soil conditions and topography.

Sections 728.1 to
728.6
Geological
Topographical
To allow for the proper operation of existing
Los Angeles County sewer infrastructure and
establish consistency with Title 20 – Utilities –
of the Los Angeles County Code, Division 2
(Sanitary Sewers and Industrial Waste) due
to local soil conditions and topography.

Table H 101.8 Geological
Topographical
To establish more restrictive requirements for
protection of local groundwater due to local
soil conditions and to provide protections for
native, protected oak trees that are consistent
with Title 22 – Zoning and Planning – of the
Los Angeles County Code, Chapter 22.174
(Oak Tree Permits).

Table H 201.1(1) Geological
Topographical
To establish more restrictive requirements for
protection of local groundwater due to local
soil conditions, sewer capacity, and sewage
treatment.

Table H 201.1(2) Geological
Topographical
To establish consistency with requirements of
the County Health Department for sewer
capacity and sewage treatment due to local
soil conditions.

Table H 201.1(3) Geological
Topographical
To establish consistency with requirements of
the County Health Department for sewer
capacity and sewage treatment due to local
soil conditions.

HOA.103795022.3 76
Table H 201.1(4) Geological
Topographical
To establish consistency with requirements of
the County Health Department for sewer
capacity and sewage treatment due to local
soil conditions.

Section H 301.1 Geological
Topographical
To establish more restrictive requirements for
protection of local groundwater due to local
soil conditions.

Section H 401.3 Geological
Topographical
To establish more restrictive requirements for
protection of local groundwater due to local
soil conditions.

Section H 601.5 Geological
Topographical
To establish more restrictive requirements for
protection of local groundwater due to local
soil conditions.

Section H 601.8 Geological
Topographical
To establish more restrictive requirements for
protection of local groundwater due to local
soil conditions.

Section H 701.2 Geological
Topographical
To establish more restrictive requirements for
protection of local groundwater due to local
soil conditions.

Section H 1001.1 Geological To establish more restrictive requirements to prevent earth movement based on local soil
and seismic conditions.

Section H 1101.6 Geological To establish more restrictive requirements to prevent earth movement based on local soil
and seismic conditions.

HOA.103795022.3 77
Appendix S Climatic To establish requirements for solar thermal energy systems based on provisions in the
Uniform Solar, Hydronics and Geothermal
Code (USHGC), which is developed by the
International Association of Plumbing and
Mechanical Officials. The County of
Los Angeles is a densely populated area,
with elevated levels of greenhouse gas
emissions. Standards to regulate the
installation of solar thermal energy systems
will facilitate safe and efficient installations of
these systems to improve local air quality,
thereby improving the health of the County's
residents, businesses and visitors.

SECTION 29. This ordinance shall become operative on January 1, 2023. [TITLE28PLUMBINGCODE2022CSCC]

ANALYSIS
This ordinance repeals those provisions of Title 29 - Mechanical Code - of the Los Angeles County Code, that incorporated by reference portions of the 2019 California Mechanical Code, and replaces them with provisions incorporating by reference portions of the 2022 California Mechanical Code, published by the California Building Standards Commission. Unless deleted or modified herein, the previously enacted provisions of Title 29 continue in effect.

State law requires that the County's Mechanical Code contain the same requirements as are contained in the building standards published in the most recent edition of the California Mechanical Code except for changes or modifications deemed reasonably necessary by the County because of local climatic, geological, or topographical conditions. The changes and modifications to the requirements contained in the building standards published in the 2022 California Mechanical Code that are contained in this ordinance are based upon express findings, contained in the ordinance, that such changes are reasonably necessary due to local climatic, geological, or topographical conditions.

This ordinance also makes certain modifications to the administrative provisions of Title 29.

DAWYN R. HARRISON
Acting County Counsel
By
CAROLE B. SUZUKI
Senior Deputy County Counsel
Public Works Division
CBS:lm
Requested: 07/12/22
Revised: 09/27//22
HOA. 103768044.1

ORDINANCE NO.

An ordinance amending Title 29 - Mechanical Code - of the Los Angeles County Code, to adopt and incorporate by reference portions of the 2022 California Mechanical Code, with certain changes and modifications, and to make other revisions thereto.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1 ■ Sections 119.1.2.0 through 119.1.14.0 of Chapter 1, Chapters 2 through 17, and Appendices B, C, and D, of this Title 29 of the Los Angeles County Code, which incorporated by reference and modified portions of the 2019 California Mechanical Code, are hereby repealed.

SECTION 2. Section 100 is hereby amended to read as follows:
100 - ADOPTION AND INCORPORATION BY REFERENCE.

Except as hereinafter changed or modified. Sections 1.2.0 through 1.14.0 of Chapter 1, Division I, of that certain Mechanical Code known and designated as the 20492022 California Mechanical Code as published by the California Building Standards Commission are adopted and incorporated by reference into this Title 29 of the Los Angeles County Code, as if fully set forth below, and shall be known as Sections 119.1.2.0 through 119.1.14.0, respectively, of Chapter 1 of Title 29 of the Los Angeles County Code.

Except as hereinafter changed or modified. Chapters 2 through 17, and Appendices B, C, and D, of that certain Mechanical Code known and designated as the 20192022 California Mechanical Code, as published by the California Building Standards Commission, are adopted and incorporated by reference into this Title 29 of HOA. 103768044.1

the Los Angeles County Code as if fully set forth below, and shall be known as Chapters 2 through 17, and Appendices B, C, and D, of Title 29 of the Los Angeles County Code.

A copy of the 204-92022 California Mechanical Code shall be at all times maintained by the Chief Mechanical Inspector for use and examination by the public.

SECTION 3. Section 117.0 is hereby amended to read as follows:
117.0 Annual Review of Fees. The fees contained in this Code shall be reviewed annually by the Director of the Department of Public Works.

Beginning on July 1, 1992, and thereafter on each succeeding July 1, the amount of each fee in this Code shall be adjusted as follows: Calculate the percentage movement between March of the previous year and March of the current year in the Consumer Price Index (CPI) for ail urban consumers in the Los Angeles-Long Beach-Anaheim, CA areas, as published by the United States Government Bureau of Labor Statistics, and adjust each fee by said percentage amount and round off to the nearest teFV-(IO) cents; provided, however, that no adjustment shall decrease any fee and no fee shall exceed tWs th^reasonable cost of providing services. When it is determined that the amount reasonably necessary to recover the cost of providing services is in excess of this adjustment, the Chief Mechanical Inspector may present fee proposals to the Board of Supervisors for approval.

SECTION 4. Section 204.0 is hereby amended to read as follows:
204.0 - B -
HOA. 103768044.1 2

Building Code. The building code that is adopted by this jurisdiction. [HCD1, HCD 2, OSHPD 1,1R, 2, 3, 4 &5, and SFM] ‘^Building Code” shall mean the California Building Code, Title 24. Part^most recent edition of Title 26 of the Los Angeles County Code.

SECTION 5. Section 207.0 is hereby amended to read as follows:
207.0 - E -
Electrical Code. The National Electrical Code promulgated by the National Fire Protection Association,-as adopted by this jurisdiction. [HCD 1 &-HCD 2] Whenever the term "Electrical Code" is used in this code, it shall mean the California Electrical Code. Title 24. Part 3most recent edition of Title 27 of the Los Angeles County Code.

SECTION 6. Section 218.0 is hereby amended to read as follows:
218.0 -PPlumbing Code. The Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials, as adopted by this jurisdiction. [HCD 1 & HCD 2] Whenever the term "Plumbing Code" is-used irvthis code, it shall mean theCalifornia Plumbing Code, Title 24. Part Smost recent edition of Title 28 of the Los Angeles County Code.

HOA.103768044.1 3

SECTION 7. Section 302.2 is hereby amended to read as follows:
302.2 ALTERNATE MATERIALS AND METHODS OF
CONSTRUCTION EQUIVALENCYAND MODIFICATIONS.
302.2.1 Alternate Materials and Methods of Construction.

Nothing in this ©Code is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety over those prescribed by this ©Code. Technical documentation shall be submitted to the Authority Having Jurisdiction to demonstrate equivalency. The Authority Having Jurisdiction shall have the authority to approve or disapprove the system, method, or device for the intended purpose on a case-bv-case basis. 302.2.1 J Testing.
302.2.1.1 J Tests.
302.2.1.2 1.2 Requests bythe Authority Having Jurisdiction. 302.2.1.2 Application. Application for the use of an alternate material or method of construction shall be submitted in writing to the Chief Mechanical Inspector together with a filing fee of $285.60. When staff review exceeds two hours, an additional fee of $142.80 per hour shall be charged for each hour, or fraction thereof, in excess of two hours.

HOA. 103768044.1 4

302.2.2 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Authority Having Jurisdiction shall have the authority to grant modifications on a case-bv-case basis, upon application of the owner or the owner's authorized agent, provided that the Authority Having Jurisdiction shall first find that a special individual reason makes the strict letter of this Code impractical, and that the modification is in conformity with the spirit and purpose of this Code, and that such modification does not lessen any health, fire-protection, or other life-safety-related reguirements. The details of any action granting modifications shall be recorded and entered in the files of the Authority Having Jurisdiction. The application for approval of a modification shall be in accordance with Section 302.2.1.2.

SECTION 8. Section 501.1 is hereby amended to read as follows:
501.1 Applicability. This eChapter includes requirements for environmental air ducts, product-conveying systems, and commercial hoods and kitchen ventilation. Part I addresses environmental air ducts and product-conveying systems. Part II addresses commercial hoods and kitchen ventilation. Ventilation systems installed to control occupational health hazards shall comply with the reguirements of the Health Officer.

SECTION 9. Section 510.1.6 is hereby amended to read as follows:
510.1.6 Bracing and Supports. Duct bracing and supports shall be of noncombustible material, securely attached to the structure, not less than the gauge reguired for grease-duct construction, and designed to carry gravity and lateral loads within the stress limitations of the bBuilding eCode. Bolts, screws, rivets, and other HOA. 103768044.1 5

mechanical fasteners shall not penetrate duct walls.

SECTION 10. Section 603.7,1.1 is hereby amended to read as follows:
603.7.1.1 Rectangular Ducts. Supports for rectangular ducts shall be installed on two opposite sides of each duct and shall be welded, riveted, bolted, or metal screwed to each side of the duct at intervals specified.

SECTION 11. Section 1114.4 is hereby added to read as follows:
1114.4 Approvals Required. The method of discharge of systems containing other than group Al refrigerants shall comply with the pertinent requirements of Title 32 (Fire Code) and Division 2 of Title 20 (Sanitary Sewer and Industrial Waste) of the Los Angeles County Code.

SECTION 12. The provisions of this ordinance contain various changes, modifications, and additions to the 2022 Edition of the California Mechanical Code.

Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Mechanical Code.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic HOA. 103768044.1 6

conditions that impact air quality and increase the risk of wild fires. Without limiting the foregoing, the County makes additional findings herein:

TABLE

MECHANICAL CODE AMENDMENTS

CODE SECTION CONDITION EXPLANATION
501.1 Climatic Additional Health
Department requirements
are necessary due to local
air quality concerns.
510.1.6 Geological High geologic activities,
such as seismic events, in
the Southern California
area necessitate this local
amendment for bracing
and support.
603.7.1.1 Geological High geologic activities,
such as seismic events, in
the Southern California
area necessitate this local
amendment for bracing
and support.
1114.4 Geological High geologic activities,
such as seismic events, in
the Southern California
area necessitate this local
amendment to reduce
damage and potential for
toxic refrigerant release
during a seismic event
caused by shifting
equipment and to minimize
impacts to the sewer
system in such an event.

SECTION 13. This ordinance shall become operative on January 1,2023. [TITLE29MECHANICALCODE2022CSCC]
HOA.103768044.1 7

HOA.103788926.5

ANALYSIS
This ordinance repeals those provisions of Title 30 – Residential Code – of the Los Angeles County Code that had incorporated by reference portions of the 2019 Edition of the California Residential Code, and replaces them with provisions incorporating by reference portions of the 2022 California Residential Code, published by the California Building Standards, with certain changes and modifications.

State law requires that the County adopt ordinances that contain the same requirements as are contained in the building standards published in the California Residential Code. State law allows the County to change or modify these requirements only if it determines that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

The changes and modifications to requirements contained in the building standards published in the 2022 California Residential Code that are contained in this ordinance are based upon express findings, contained in the ordinance, that such changes are reasonably necessary due to local climatic, geological, or topographical conditions.

DAWYN R. HARRISON
Acting County Counsel
By
CAROLE B. SUZUKI
Senior Deputy County Counsel
Public Works Division
CBS:rm
Requested: 08/04/22
Revised: 09/29/22

HOA.103788926.5
ORDINANCE NO. ____________
An ordinance amending Title 30 – Residential Code – of the Los Angeles County Code, by adopting and incorporating by reference the 2022 California Residential Code, with certain changes and modifications.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Chapters 2 through 10, Chapter 44, and Appendices H, Q, S, and X, of Title 30 of the Los Angeles County Code, which incorporate by reference, and modify, portions of the 2019 California Residential Code, are hereby repealed.

SECTION 2. Chapter 1 is hereby amended to read as follows:

R100 ADOPTION AND INCORPORATION BY REFERENCE
Except as hereinafter changed or modified, Sections 102 through 119 of Chapter 1, Section 1206 of Chapter 12, and Chapters 67, 68, 69, 98, 99, and Appendix J of Title 26 of the Los Angeles County Code are adopted and incorporated by reference into this Title 30 as if fully set forth below, and shall be known as Sections 102 through 119 of Chapter 1, Section 1206 of Chapter 12, and Chapters 67, 68, 69, 98, 99, and Appendix J of Title 30 of the Los Angeles County Code.

Except as hereinafter changed or modified, Chapters 2 through 10, Chapter 44, and Appendices AH, AQ, AS, and XAZ, of that certain code known and designated as the 20192022 California Residential Code as published by the California Building Standards Commission are adopted and incorporated by reference into this Title 30 as if fully set forth below, and shall be known as Chapters 2 through 10, Chapter 44, and Appendices AH, AQ, AS, and XAZ, of Title 30 of the Los Angeles County Code. A copy

HOA.103788926.5 2
of the 20192022 California Residential Code shall be at all times maintained by the Building Official for use and examination by the public.

R101 TITLE, PURPOSE, AND INTENT
. . .

R101.3 Scope.
. . .

Exceptions:

1. Live/work units complying with the requirements of Section 419508.5 of the Los Angeles County Building Code shall be permitted to be built as one- and twofamily dwellings or townhouses. Fire suppression otherwise required by Section 419.5508.5.7 of the Los Angeles County Building Code for buildings and structures constructed under this Code shall conform to Section 903.3.1.3 of the Los Angeles County Building Code.
. . .

SECTION 3. Section R301.1.3.2 is hereby amended to read as follows:

R301.1.3.2 Woodframe structures greater than two-stories.

The bBuilding oOfficial shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other sections of law, the law establishing these provisions is found in Business and Professions Code Sections 5537 and 6737.1.

HOA.103788926.5 3
The Building Official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.

SECTION 4. Section R301.1.5 is hereby added to read as follows:

R301.1.5 Seismic design provisions for buildings constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope).

The design and construction of new buildings and additions to existing buildings when constructed on or into slopes steeper than one unit vertical in three units horizontal (33.3 percent slope) shall comply with Section 1613.6 of the Los Angeles County Building Code.

SECTION 5. Section R301.2 is hereby amended to read as follows:

R301.2 Climatic and geographic design criteria.

Buildings shall be constructed in accordance with the provisions of this cCode as limited by the provisions of this sSection. Additional criteria shall be established by the local jurisdiction and set forthConsult with the Building Official regarding additional criteria in Table R301.2.

SECTION 6. Section R301.2.2.6 is hereby amended to read as follows:

R301.2.2.6 Irregular buildings.
. . .

HOA.103788926.5 4

1. Shear wall or braced wall offsets out of plane. Conditions where exterior shear wall lines or braced wall panels are not in one plane vertically from the foundation to the uppermost story in which they are required.

Exception: For wood light-frame construction, floors with cantilevers or setbacks not exceeding four times the nominal depth of the wood floor joists are permitted to support braced wall panels that are out of plane with braced wall panels below provided that all of the following are satisfied:

1. Floor joists are nominal 2 inches by 10 inches (51 mm by 254 mm) or larger and spaced not more than 16 inches (406 mm) on center.

2. The ratio of the back span to the cantilever is not less than 2 to 1.

3. Floor joists at ends of braced wall panels are doubled.

4. For wood-frame construction, a continuous rim joist is connected to ends of cantilever joists. Where spliced, the rim joists shall be spliced using a galvanized metal tie not less than 0.058 inch (1.5 mm) (16 gage) and 11/2 inches (38 mm) wide fastened with six 16d nails on each side of the splice; or a block of the same size as the rim joist and of sufficient length to fit securely between the joist space at which the splice occurs, fastened with eight 16d nails on each side of the splice.

5. Gravity loads carried at the end of cantilevered joists are limited to uniform wall and roof loads and the reactions from headers having a span of 8 feet (2438 mm) or less.

2. Lateral support of roofs and floors. Conditions where a section of floor or roof is not laterally supported by shear walls or braced wall lines on all edges.

HOA.103788926.5 5
Exception: Portions of floors that do not support shear walls, braced wall panels above, or roofs shall be permitted to extend not more than 6 feet (1829 mm) beyond a shear wall or braced wall line.

3. Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall panel occurs over an opening in the wall below and extends more than 1 foot (305 mm) horizontally past the edge of the opening. This provision is applicable to shear walls and braced wall panels offset in plane and to braced wall panels offset out of plane in accordance with the exception to Item 1.

Exception: For wood light-frame wall construction, one end of a braced wall panel shall be permitted to extend more than 1 foot (305 mm) over an opening not more than 8 feet (2438 mm) in width in the wall below provided that the opening includes a header in accordance with all of the following:

1. The building width, loading condition and framing member species limitations of Table R602.7(1) shall apply.

2. The header is composed of:

2.1 Not less than one 2x12 or two 2x10 for an opening not more than 4 feet (1219 mm) wide.

2.2. Not less than two 2x12 or three 2x10 for an opening not more than 6 feet (1829 mm) in width.

2.3. Not less than three 2x12 or four 2x10 for an opening not more than 8 feet (2438 mm) in width.

HOA.103788926.5 6

3. The entire length of the braced wall panel does not occur over an opening in the wall below.

4. Floor and roof opening. Conditions where an opening in a floor or roof exceeds the lesser of 12 feet (3658 mm) or 50 percent of the least floor or roof dimension.

5. Floor level offset. Conditions where portions of a floor level are vertically offset.

Exceptions:

1. Framing supported directly by continuous foundations at the perimeter of the building.

2. For wood light-frame construction, floors shall be permitted to be vertically offset when the floor framing is lapped or tied together as required by section R502.6.1. . . .

SECTION 7. Section R301.2.2.11 is hereby added to read as follows:

R301.2.2.11 Anchorage of mechanical, electrical, or plumbing components and equipment.

Mechanical, electrical, or plumbing components and equipment shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the Los Angeles County Building Code and ASCE 7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either:

HOA.103788926.5 7

1. The component weighs 400 pounds (1,780 N) or less and has a center of mass located 4 feet (1.22 m) or less above the supporting structure; or

2. The component weighs 20 pounds (89N) or less or, in the case of a distributed system, 5 pounds per foot (73 N/m) or less.

SECTION 8. Table R302.1(2) is hereby amended as follows:

For SI: 1 foot = 304.8 mm
a. Reserved.For residential subdivisions where all dwellings are equipped throughout with an automatic sprinkler system installed in accordance with Section R313, the fire separation distance for exterior walls not fire-resistance rated and for fire-resistance-rated projections shall be permitted to be reduced to 0 feet, and unlimited unprotected openings and penetrations shall be permitted, where the adjoining lot provides an open setback yard that is 6 feet or more in width on the opposite side of the property line.
. . .

SECTION 9. Section R337.1.1 is hereby amended to read as follows:

R337.1.1 Scope.

Section R337 and all subsections apply to building materials, systems and or assemblies used in the exterior design and construction of new buildings, and to additions, alterations, or repairs made to existing buildings, erected, constructed,

HOA.103788926.5 8
located, or moved within a Wildland-Urban Interface ("WUI") Fire Area as defined in Section R337.2.

SECTION 10. Section R337.1.3 is hereby amended to read as follows:

R337.1.3 Application.

New buildings, and any additions, alterations, or repairs made to existing buildings located in or moved within any Fire Hazard Severity Zone or any WildlandUrban Interface (WUI) Fire Area designated by the enforcing agencyLos Angeles County Fire Department constructed after the application date shall comply with the provisions of this sSection. This shall include all new buildings, and any additions, alterations, or repairs made to existing buildings, with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in this chapter as "applicable building" (see definition in Section R337.2), as well as new buildings and structures, and any additions, alterations, or repairs made to existing buildings accessory to those applicable buildings (see Exceptions 1 and 4).

Exceptions:
. . .

4. New aAccessory buildings and miscellaneous structures, including additions, alterations, or repairs, as specified in Section R337.10 shall comply only with the requirements of that sSection.

5. Additions to and remodels of buildings originally constructed prior to July 1, 2008. Reserved.

HOA.103788926.5 9
SECTION 11. Section R337.1.3.1 is hereby amended to read as follows:

R337.1.3.1 Application date and where required.

New buildings for which an application for a building permit is submitted on or after July 1, 2008, and any additions, alterations, or repairs made to existing buildings for which an application for a building permit is submitted on or after January 1, 2023, located in any Fire Hazard Severity Zone or Wildland–Urban Interface Fire Area shall comply with all sections of this cChapter, including all of the following areas:
. . .

Exceptions:

1. New bBuildings located in any Fire Hazard Severity Zone within State Responsibility Areas, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this cChapter.

2. New bBuildings located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wildland-Urban Interface Fire Area designated by cities and other local agencies for which an application for a building permit is submitted on or after December 1, 2005, but prior to July 1, 2008, shall only comply with the following sections of this cChapter:
. . .

SECTION 12. Section R337.1.4 is hereby amended to read as follows:

R337.1.4 Inspection and certification.
. . .

HOA.103788926.5 10

1. Building permit issuance. The local bBuilding oOfficial shall, prior to construction, provide the owner or applicant a certification that the building as proposed to be built complies with all applicable state and local building standards, including those for materials and construction methods for wildfire exposure as described in this cChapter. Issuance of a building permit by the local bBuilding oOfficial for the proposed building shall be considered as complying with this sSection.

2. Building permit final. The local bBuilding oOfficial shall, upon completion of construction, provide the owner or applicant with a copy of the final inspection report that demonstrates the building was constructed in compliance with all applicable state and local building standards, including those for materials and construction methods for wildfire exposure as described in this cChapter. Issuance of a certificate of occupancy by the local bBuilding oOfficial for the proposed building shall be considered as complying with this sSection.

SECTION 13. Section R337.2 is hereby amended to read as follows:

R337.2 Definitions
. . .

FIRE PROTECTION PLAN.

A document prepared for a specific project or development proposed for a Wildland-Urban Interface (WUI) Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure. See the CaliforniaTitle 32 – Fire Code – of the Los Angeles County Code, Chapter 49 for required elements of a Fire Protection Plan.

FIRE HAZARD SEVERITY ZONES.

HOA.103788926.5 11
Geographical areas designated pursuant to California Public Resources Codes Sections 4201 through 4204 and classified as Very-High, High, or Moderate in State Responsibility Areas or as Local Responsibility Areas in Very-High Fire Hazard Severity Zones designated pursuant to California Government Code Sections 51175 through 51189. See CaliforniaTitle 32 – Fire Code – of the Los Angeles County Code, Chapter

49. . . .

WILDLAND-URBAN INTERFACE (WUI).

A geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agencyLos Angeles County Fire Department to be at a significant risk from wildfires.

SECTION 14. Section R337.3.2 is hereby amended to read as follows:

R337.3.2 Qualification by testing.

Material and material assemblies tested in accordance with the requirements of Section R337.3 shall be accepted for use when the results and conditions of those tests are met. Product evaluation testing of material and material assemblies shall be approved or listed by the State Fire Marshal or the Building Official, or identified in a current report issued by an approved agency.

SECTION 15. Section R337.3.3 is hereby amended to read as follows:

R337.3.3 Approved agency.

HOA.103788926.5 12
Product evaluation testing shall be performed by an approved agency as defined in Section 1702 of the CaliforniaLos Angeles County Building Code. The scope of accreditation for the approved agency shall include building product compliance with the CaliforniaLos Angeles County Building Code.

SECTION 16. Section R337.3.5.2 is hereby amended to read as follows:

R337.3.5.2 Weathering.

Fire-retardant-treated wood and fire-retardant-treated wood shingles and shakes shall meet the fire test performance requirements of this sSection after being subjected to the weathering conditions contained in the following standards, as applicable to the materials and the conditions of use.

SECTION 17. Section R337.3.5.2.1 is hereby amended to read as follows:

R337.3.5.2.1 Fire-retardant-treated wood.

Fire-retardant-treated wood shall be tested in accordance with ASTM D2898 (Method A), and the requirements of Section 2303.2 of the CaliforniaLos Angeles County Building Code.

SECTION 18. Section R337.3.5.2.2 is hereby deleted in its entirety.

R337.3.5.2.2 Fire-retardant-treated wood shingles and shakes. Fireretardant-treated wood shingles and shakes shall be approved and listed by the State Fire Marshal in accordance with Section 208(c), Title 19 California Code of Regulations.

HOA.103788926.5 13
SECTION 19. Section R337.3.6 is hereby amended to read as follows:

R337.3.6 Alternates for materials, design, tests and methods of construction.

The enforcing agencyBuilding Official is permitted to modify the provisions of this cChapter for site-specific conditions in accordance with Chapter 1, Section 1.11.2.4104.2.7. When required by the enforcing agencyBuilding Official for the purposes of granting modifications, a fire protection plan shall be submitted in accordance with the CaliforniaTitle 32 – Fire Code – of the Los Angeles County Code, Chapter 49.

SECTION 20. Section R337.4.4 is hereby amended to read as follows:

R337.4.4 Alternative methods for determining ignition-resistant material.
. . .

2. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use that complies with the requirements of Section 2303.2 of the CaliforniaLos Angeles County Building Code.

3. Fire-retardant-treated wood shingles and shakes. Fire-retardant-treated wood shingles and shakes, as defined in section 1505.6 of the California Building Code and listed by State Fire Marshal for use as “Class B” roof covering, shall be accepted as an Ignition-resistant wall covering material when installed over solid sheathing.

SECTION 21. Section R337.5.2 is hereby amended to read as follows:

HOA.103788926.5 14
R337.5.2 Roof coverings.

Roof coverings shall be Class A as specified in Section R902.1. Where the roofing profile has an airspace under the roof covering, installed over a combustible deck, a 72 lb. (32.7 kg) cap sheet complying with ASTM D3909 Standard Specification for "Asphalt Rolled Roofing (Glass Felt) Surfaced with Mineral Granules," shall be installed over the roof deck. Bird stops shall be used at the eaves when the profile fits, to prevent debris at the eave. Hip and ridge caps shall be mudded in to prevent intrusion of fire or embers.

Exception: Cap sheet is not required when no less than 1" of mineral wool board or other noncombustible material is located between the roofing material and wood framing or deck.

Alternately, a Class A fire rated roof underlayment, tested in accordance with ASTM E108, shall be permitted to be used. If the sheathing consists of exterior fireretardant-treated wood, the underlayment shall not be required to comply with a Class A classification. Bird stops shall be used at the eaves when the profile fits, to prevent debris at the eave. Hip and ridge caps shall be mudded in to prevent intrusion of fire or embers. Wood shingles and wood shakes are prohibited in any Fire Hazard Severity Zones regardless of classification.

SECTION 22. Section R337.6.1 is hereby amended to read as follows:

R337.6.1 General.

Where provided, ventilation openings for enclosed attics, gable ends, ridge ends, under eaves and cornices, enclosed eave soffit spaces, enclosed rafter spaces formed

HOA.103788926.5 15
where ceilings are applied directly to the underside of roof rafters, underfloor ventilation, foundations and crawl spaces, or any other opening intended to permit ventilation, either in a horizontal or vertical plane, shall be in accordance with Section 1202 of the CaliforniaLos Angeles County Building Code and Sections R337.6.1 through R337.6.2 to resist building ignition from the intrusion of burning embers and flame through the ventilation openings.

SECTION 23. Section R337.10.3 is hereby amended to read as follows:

R337.10.3 Where required.
. . .

When required by the enforcing agencyBuilding Official, miscellaneous structures that require a permit, and accessory buildings that are 120 square feet (11 m2) or less, when separated from an applicable building on the same lot by a distance of 3 feet (914 mm) or more but less than 50 feet (15 m), shall comply with either Section R337.10.3.4 or Section R337.10.3.3, respectively.
. . .

SECTION 24. Section R337.10.3.3 is hereby amended to read as follows:

R337.10.3.3 Accessory buildings 120 square feet (11 m2) or less, located 3 feet (914 mm) or more but less than 50 feet (15 m).

When required by the enforcing agencyBuilding Official, accessory buildings 120 square feet (11 m2) or less and separated from an applicable building on the same lot by a distance of 3 feet (914 mm) or more but less than 50 feet (15 m) shall be

HOA.103788926.5 16
constructed of noncombustible materials or of ignition-resistant materials as described in Section R337.4.2.

SECTION 25. Section R337.10.3.4 is hereby amended to read as follows:

R337.10.3.4 Miscellaneous structures located 3 feet (914 mm) or more but less than 50 feet (15 m).

When required by the enforcing agencyBuilding Official, miscellaneous structures that require a permit and are separated from an applicable building on the same lot by a distance of 3 feet (914 mm) or more but less than 50 feet (15 m) shall be constructed of noncombustible materials or of ignition-resistant materials as described in Section R337.4.3.

SECTION 26. Section R401.1 is hereby amended to read as follows:

R401.1 Application.
. . .

Wood foundations in Seismic Design Category D0, D1, or D2 shall be designed in accordance with accepted engineering practicenot be permitted.

Exception: In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches.

SECTION 27. Section R403.1.2 is hereby amended to read as follows:

HOA.103788926.5 17
R403.1.2 Continuous footing in seismic design categories D0, D1 and D2.

Exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous solid or fully grouted masonry or concrete footings.

Other footing materials or systems shall be designed in accordance with accepted engineering practices.Required interior braced wall panels in buildings located in Seismic Design Categories D0, D1 and D2 with plan dimensions greater than 50 feet (15 240 mm) shall be supported by continuous solid or fully grouted masonry or concrete footings in accordance with Section R403.1.3.4, except for two-story buildings in Seismic Design Category D2, in which all braced wall panels, interior and exterior, shall be supported on continuous foundations.

Exception: Two-story buildings shall be permitted to have interior braced wall panels supported on continuous foundations at intervals not exceeding 50 feet (15 240 mm) provided that:

1. The height of cripple walls does not exceed 4 feet (1219 mm).

2. First floor braced wall panels are supported on doubled floor joists, continuous blocking or floor beams.

3. The distance between bracing lines does not exceed twice the building width measured parallel to the braced wall line.

SECTION 28. Section R403.1.3.6 is hereby amended to read as follows:

HOA.103788926.5 18
R403.1.3.6 Isolated concrete footings.

In detached one- and two-family dwellings located in Seismic Design Category A, B, or C that are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

SECTION 29. Section R403.1.5 is hereby amended to read as follows:

R403.1.5 Slope.

The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding 1 unit vertical in 10 units horizontal (10-percent slope).

Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in 10 units horizontal (10-percent slope).

For structures located in Seismic Design Category D0, D1, or D2, stepped footings shall be reinforced with two No. 4 reinforcing bars. Two bars shall be located at the top and bottom of the footings as shown in Figure R403.1.5.

SECTION 30. Figure R403.1.5 is hereby added to read as follows:

HOA.103788926.5 19
SECTION 31. Section R404.2 is hereby amended to read as follows:

R404.2 Wood foundation walls.

Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1, or D2.

SECTION 32. Section R501.2 is hereby amended to read as follows:

R501.2 Requirements.

Floor construction shall be capable of accommodating all loads in accordance with Section R301 and of transmitting the resulting loads to the supporting structural elements. Mechanical or plumbing fixtures and equipment shall be attached or anchored to the structure in accordance with Section R301.2.2.11.

SECTION 33. Section R503.2.4 is hereby added to read as follows:

HOA.103788926.5 20
R503.2.4 Openings in horizontal diaphragms.

Openings in horizontal diaphragms with a dimension perpendicular to the joist that is greater than 4 feet (1.2 m) shall be constructed in accordance with Figure R503.2.4.

SECTION 34. Figure R503.2.4 is hereby added to read as follows:

FIGURE R503.2.4

OPENING IN HORIZONTAL DIAPHRAGMS
Notes:
a. Blockings shall be provided beyond headers.

HOA.103788926.5 21
b. Metal ties not less than 0.058 inch [1.47 mm (16 galvanized gage)] by 1.5 inches (38 mm) wide with eight 16d common nails on each side of the header-joist intersection. The metal ties shall have a minimum yield of 33,000 psi (227 MPa). c. Openings in diaphragms shall be further limited in accordance with Section R301.2.2.6.

SECTION 35. Table R602.3(1) is hereby amended to read as follows:

TABLE R602.3(1)

FASTENING SCHEDULE
. . .
a. Nails are smooth-common, box or deformed shanks except where otherwise stated. Nails used for framing and sheathing connections are carbon steel and shall have minimum average bending yield strengths as shown: 80 ksi for shank diameter of 0.192 inch (20d common nail), 90 ksi for shank diameters larger than 0.142 inch but not larger than 0.177 inch, and 100 ksi for shank diameters of 0.142 inch or less. Connections using nails and staples of other materials, such as stainless steel, shall be designed by accepted engineering practice or approved under Section R104.11104.2.8. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
. . .

SECTION 36. Table R602.3(2) is hereby amended to read as follows:

TABLE R602.3(2)
ALTERNATE ATTACHMENTS TO TABLE R602.3(1)
. . .
b. Staples shall have a minimum crown width of 7/16-inch except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, or D2.
. . .

SECTION 37. Section R602.3.2 is hereby amended to read as follows:

R602.3.2 Top plate.

HOA.103788926.5 22
. . .

Exception: In other than Seismic Design Category D0, D1, or D2, aA single top plate used as an alternative to a double top plate shall comply with the following:
. . .

SECTION 38. Table R602.3.2 is hereby amended to read as follows:

SECTION 39. Section R602.10.2.3 is hereby amended to read as follows:

R602.10.2.3 Minimum number of braced wall panels.

Braced wall lines with a length of 16 feet (4877 mm) or less shall have not less than two braced wall panels of any length or one braced wall panel equal to 48 inches (1219 mm) or more. Braced wall lines greater than 16 feet (4877 mm) shall have not less than two braced wall panels. In Seismic Design Category D0, D1, or D2, no braced wall panel shall have a contributing length less than 48 inches in length or as required in Section R602.10.3, whichever is greater.

SECTION 40. Table R602.10.3(3) is hereby amended to read as follows:

TABLE R602.10.3(3)

BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORY

HOA.103788926.5 23

HOA.103788926.5 24
For SI: 1 inch – 25.4 mm, 1 foot = 304.8 mm, 1 pound per square foot = 0.0479 kPa.

NP – Not Permitted
. . .
i. Methods GB and PCP braced wall panel h/w ratio shall not exceed 1:1 in SDC D0, D1 and D2.

Methods DWB, SFB, PBS, and HPS are not permitted in D0, D1 or D2.

HOA.103788926.5 25
SECTION 41. Table R602.10.4 is hereby amended to read as follows:

TABLE R602.10.4

BRACING METHODS

HOA.103788926.5 26
SECTION 42. Table R602.10.5 is hereby amended to read as follows:

TABLE R602.10.5

MINIMUM LENGTH OF BRACED WALL PANELS

HOA.103788926.5 27
. . .

TABLE R602.10.5

MINIMUM LENGTH OF BRACED WALL PANELS
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447 m/s.

NP = Not Permitted.

METHOD
(See Table R602.10.4)
MINIMUM LENGTHa
(inches)

CONTRIBUTING LENGTH
Wall Height (inches)
8 feet 9 feet 10 feet 11 feet 12 feet
DWB, WSP, SFB, PBS, PCP, HPS, BV-WSP 48 48 48 53 58 Actualb GB 48 48 48 53 58 Double sided = Actual
Single sided = 0.5 × Actual
LIB 55 62 69 NP NP Actualb
ABW
SDC A, B and C, ultimate
design
wind speed < 140 mph
28 32 34 38 42
48 SDC D0, D1 and D2, ultimate
design
wind speed < 140 mph
32 32 34 NP NP
CS-G 24 27 30 33 36 Actualb

CS-WSP, CS-SFB
Adjacent clear opening height
(inches)
≤ 64 24 27 30 33 36
Actualb
68 26 27 30 33 36
72 27 27 30 33 36
76 30 29 30 33 36
80 32 30 30 33 36
84 35 32 32 33 36
88 38 35 33 33 36
92 43 37 35 35 36
96 48 41 38 36 36
100 — 44 40 38 38
104 — 49 43 40 39
108 — 54 46 43 41
112 — — 50 45 43
116 — — 55 48 45
120 — — 60 52 48
124 — — — 56 51
128 — — — 61 54
132 — — — 66 58
136 — — — — 62
140 — — — — 66
144 — — — — 72
METHOD
(See Table R602.10.4)
Portal header height
8 feet 9 feet 10 feet 11 feet 12 feet
PFH Supporting roof only 16 24 16 24 16 24 Note c Note c 48 Supporting one story and roof 24 24 24 Note c Note c
PFG 24 27 30 Note d Note d 1.5 × Actualb
CS-PF SDC A, B and C 16 18 20 Note e Note e 1.5 × Actualb SDC D0, D1 and D2 16 24 18 24 20 24 Note e Note e Actualb

HOA.103788926.5 28
SECTION 43. Figure R602.10.6.1 is amended to read as follows:

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SECTION 44. Figure R602.10.6.2 is hereby amended to read as follows:

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SECTION 45. Figure R602.10.6.4 is hereby amended to read as follows:

SECTION 46. Section R606.4.4 is hereby amended to read as follows:

HOA.103788926.5 31
R606.4.4 Parapet walls.

Unreinforced solid masonry parapet walls shall not be less than 8 inches (203 mm) thick and their height shall not exceed four times their thickness.

Unreinforced hollow unit masonry parapet walls shall be not less than 8 inches (203 mm) thick, and their height shall not exceed three times their thickness. Masonry parapet walls in areas subject to wind loads of 30 pounds per square foot (1.44 kPa), or located in Seismic Design Category D0, D1, or D2, or on townhouses in Seismic Design Category C shall be reinforced in accordance with Section R606.12.

SECTION 47. Section R606.12.2.2.3 is hereby amended to read as follows:

R606.12.2.2.3 Reinforcement requirements for masonry elements.

Masonry elements listed in Section R606.12.2.2.2 shall be reinforced in either the horizontal or vertical direction as shown in Figure R606.11(2) and in accordance with the following:

1. Horizontal reinforcement. Horizontal joint reinforcement shall consist of not less than two longitudinal W1.7 wires spaced not more than 16 inches (406 mm) for walls greater than 4 inches (102 mm) in width and not less than one longitudinal W1.7 wire spaced not more than 16 inches (406 mm) for walls not exceeding 4 inches (102 mm) in width; or not less than one No. 4 bar spaced not more than 48 inches (1219 mm). Where two longitudinal wires of joint reinforcement are used, the space between these wires shall be the widest that the mortar joint will accommodate.

HOA.103788926.5 32
Horizontal reinforcement shall be provided within 16 inches (406 mm) of the top and bottom of these masonry elements.

2. Vertical reinforcement. Vertical reinforcement shall consist of not less than one No. 4 bar spaced not more than 48 inches (1219 mm). Vertical reinforcement shall be located within 168 inches (406203 mm) of the ends of masonry walls.

SECTION 48. Section R803.2.4 is hereby added to read as follows:

R803.2.4 Openings in horizontal diaphragms.

Openings in horizontal diaphragms shall conform with Section R503.2.4.

SECTION 49. Section R1001.3.1 is hereby amended to read as follows:

R1001.3.1 Vertical reinforcing.

For chimneys up to 40 inches (1016 mm) wide, four No. 4 continuous vertical bars adequately anchored into the concrete foundation shall be placed between wythes of solid masonry or within the cells of hollow unit masonry and grouted in accordance with Section R606. Grout shall be prevented from bonding with the flue liner so that the flue liner is free to move with thermal expansion. For chimneys more than 40 inches (1016 mm) wide, two additional No. 4 vertical bars adequately anchored into the concrete foundation shall be provided for each additional flue incorporated into the chimney or for each additional 40 inches (1016 mm) in width or fraction thereof.

SECTION 50. Section AS106.1 is hereby amended to read as follows:

AS106.1 General. In other than Seismic Design Category D0, D1, D2, E, or F, pPlastered strawbale walls shall be permitted to be used as structural walls in accordance with the prescriptive provisions of this sSection.

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SECTION 51. Section AZ101.1 is hereby amended to read as follows:

AZ101.1 Scope.

This appendix shall be applicableapplies to emergency housing and emergency housing facilities, as defined in Section AZ102, when and to the extent that the County of Los Angeles Board of Supervisors ("Board") finds, by motion, resolution, or otherwise, that this appendix applies to a specific state of emergency, local emergency, or declaration of shelter crisis.

SECTION 52. Section AZ102.1 is hereby amended to read as follows:

AZ102.1 General.
. . .

ENFORCING AGENCY. The Building Official as defined in Section 104.3 of this Code.
. . .

SECTION 53. Section AZ103.1 is hereby amended to read as follows:

AZ103.1 General.

Emergency sleeping cabins, emergency transportable housing units, membrane structures and tents constructed and/or assembled in accordance with this appendix, shall be occupied only during the duration of the declaration of state of emergency, local emergency, or shelter crisis.
. . .

SECTION 54. Section AZ103.4 is hereby amended to read as follows:

HOA.103788926.5 34
AZ103.4 Fire and life safety requirements not addressed in this appendix.

If not otherwise addressed in this appendix, fire and life safety measures, including, but not limited to, means of egress, fire separation, fire sprinklers, smoke alarms, and carbon monoxide alarms, shall be determined and enforced by the enforcing agency in consultation with the Departments of Public Health, Fire, and other pertinent County departments, as applicable.

SECTION 55. Section AZ106.1 is hereby amended to read as follows:

AZ106.1 General.
. . .

Tents and membrane structures shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement, as determined by the enforcing agency.

SECTION 56. Section AZ107.1 is hereby amended to read as follows:

AZ107.1 General.

Emergency housing shall comply with the applicable requirements in Chapter 11B and/or the US Access Board Final Guidelines for Emergency Transportable Housing as determined by the enforcing agency. . . .

SECTION 57. Section AZ110.1.1 is hereby added to read as follows:

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AZ110.1.1 Backflow prevention.

Backflow prevention devices shall be provided in accordance with Section 602.3 of the Plumbing Code.

SECTION 58. Section AZ110.1.2 is hereby added to read as follows:

AZ110.1.2 Drinking fountains.

An adequate number of drinking fountains, bottle fillers or drinking facilities shall be provided as determined by the enforcing agency.

SECTION 59. Section AZ110.3 is hereby amended to read as follows:

AZ110.3 Toilet and bathing facilities.
. . .

The maximum travel distance from any sleeping and/or living area to the toilet facility shall not exceed 300 feet (91.4 m) or as determined by the enforcing agency.

SECTION 60. The provisions of this ordinance contain various changes, modifications, and additions to the 2022 Edition of the California Residential Code.

Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Building Standards Code.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the

HOA.103788926.5 36
County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. Without limiting the foregoing, the County makes additional findings herein:

Code
Section
Condition Explanation of Amendment
R301.1.3.2 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. After the 1994 Northridge
Earthquake, the Wood Frame Construction Joint Task
Force recommended that the quality of woodframe
construction needed to be greatly improved. The
Task Force recommended that structural plans be
prepared by the engineer or architect so that plan
examiners, building inspectors, contractors, and
special inspectors may logically follow and construct
the seismic force-resisting systems as presented in
the construction documents. For buildings or
structures located in Seismic Design Category D0, D1,
D2, or E that are subject to a greater level of seismic forces, the requirement to have a California licensed
architect or engineer prepare the construction
documents is intended to minimize or reduce
structural deficiencies that may cause excessive
damage or injuries in woodframe buildings.

Involvement of a registered professional will minimize
the occurrence of structural deficiencies such as plan
and vertical irregularities, improper shear transfer of the seismic force-resisting system, missed details or
connections important to the structural system, and
the improper application of the prescriptive
requirements of the California Residential Code.

HOA.103788926.5 37
R301.1.5 Geological
Topographical
Due to the local topographical and geological
conditions of the sites within the greater Los Angeles
region and their susceptibility to earthquakes, this
technical amendment is required to address and
clarify special needs for buildings constructed on
hillside locations. A joint Structural Engineers
Association of Southern California (SEAOSC) and
Los Angeles City Joint Task Force investigated the
performance of hillside building failures after the
Northridge Earthquake. Numerous hillside failures
resulted in loss of life and millions of dollars in
damage. These criteria were developed to minimize
the damage to these structures and have been in use
by the City and County of Los Angeles for several
years.

R301.2.2.6 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. Due to the high geologic activities in the Southern California area and the necessary
higher level of performance required for buildings and
structures, this local amendment limits the type of
irregular conditions as specified in the 2022 California Residential Code. Such limitations are recommended
to reduce structural damage in the event of an
earthquake. The County of Los Angeles and cities in
this region have implemented these extra measures
to maintain the structural integrity of the framing of
the shear walls and all associated elements when
designed for high levels of seismic loads.

R301.2.2.11 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. Due to the high geologic activity in
the Southern California area and the necessary
higher level of performance required for buildings and
structures, this local amendment limits the potential
anchorage and supporting frame failure resulting from
additional weight. There is no limitation for weight of mechanical and plumbing fixtures and equipment in
the International Residential Code. Requirements
from ASCE 7 and the International Building Code
would permit equipment weighing up to 400 lbs. when
mounted at 4 feet or less above the floor or attic level without engineering design. Where equipment
exceeds this requirement, it is the intent of this

HOA.103788926.5 38
amendment that a registered design professional be
required to analyze if the floor support is adequate
and structurally sound.

Table
R302.1(2)
Climatic This amendment will not allow unprotected openings (openings that do not resist the spread of fire) to be in the exterior wall of a residential building that is
located on a property line. This amendment is
necessary due to local climatic conditions. The hot,
dry weather conditions of late summer in combination
with the Santa Ana winds creates an extreme fire
danger. Residential buildings with unprotected
openings located on a property line may permit fires
to spread from the inside of the building to adjacent
properties and likewise from exterior properties to the interior of the building.

R337.1.1 Climatic Extends the application of Chapter R337 to include additions, alterations, and/or relocated buildings.

Many areas of Los Angeles County have been
designated as Fire Hazard Severity Zones due to low
humidity, strong winds, and dry vegetation.

Additions, alterations, and/or relocated buildings have the same fire risk as new buildings.

R337.1.3 Climatic Extends the application of Chapter R337 to include additions, alterations, and/or relocated buildings.

Many areas of Los Angeles County have been
designated as Fire Hazard Severity Zones due to the
increased risk of fire caused by low humidity, strong
winds, and dry vegetation. Additions, alterations,
and/or relocated buildings have the same fire risk as
new buildings.

R337.1.3.1 Climatic Extends the application of Chapter R337 to include additions, alterations, and/or relocated buildings.

Many areas of Los Angeles County have been
designated as Fire Hazard Severity Zones due to the
increased risk of fire caused by low humidity, strong
winds, and dry vegetation. Additions, alterations,
and/or relocated buildings have the same fire risk as
new buildings.

R337.3.5.2 Climatic Disallows the use of wood-shingle/wood-shake roofs due to the increased risk of fire in Los Angeles
County caused by low humidity, strong winds, and dry
vegetation in Fire Hazard Severity Zones.

HOA.103788926.5 39
R337.3.5.2.2 Climatic Disallows the use of wood-shingle/wood-shake roofs due to the increased risk of fire in Los Angeles
County caused by low humidity, strong winds, and dry
vegetation in Fire Hazard Severity Zones.

R337.4.4 Climatic Disallows the use of wood-shingle/wood-shake roofs due to the increased risk of fire in Los Angeles
County caused by low humidity, strong winds, and dry
vegetation in Fire Hazard Severity Zones.

R337.5.2 Climatic Disallows the use of wood-shingle/wood-shake roofs and requires the use of Class A roof covering due to
the increased risk of fire in Los Angeles County
caused by low humidity, strong winds, and dry
vegetation in Fire Hazard Severity Zones.

R401.1 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. Wood foundations, even those that
are preservative-treated, encounter a higher risk of
deterioration when contacting the adjacent ground.

The required seismic anchorage and transfer of
lateral forces into the foundation system necessary
for 2-story structures and foundation walls could
become compromised at varying states of wood
decay. In addition, global structure overturning
moment and sliding resistance is reduced when
utilizing wood foundations as opposed to
conventional concrete or masonry systems.

However, non-occupied, single-story storage
structures pose significantly less risk to human safety and may utilize the wood foundation guidelines
specified in this Chapter.

HOA.103788926.5 40
R403.1.2
R403.1.3.6
R403.1.5
Figure
R403.1.5
Climatic
Geological
Los Angeles County is prone to seismic activity due
to the existence of active faults in the Southern
California area. These amendments require
minimum reinforcement in continuous footings and
stepped footings to address the problem of poor
performance of plain or under-reinforced footings
during a seismic event. These amendments
implement the recommendations of SEAOSC and the
Los Angeles City Joint Task Force resulting from their
investigation of the 1994 Northridge Earthquake.

Interior walls can easily be called upon to resist over half of the seismic loading imposed on simple
buildings or structures. Without a continuous
foundation to support the braced wall line, seismic
loads would be transferred through other elements
such as non-structural concrete slab floors, wood
floors, etc. Requiring interior braced walls to be
supported by continuous foundations is intended to
reduce or eliminate the poor performance of buildings
or structures.

R404.2 Climatic
Geological
No substantiating data has been provided to show
that wood foundations are effective in supporting
structures and buildings during a seismic event while
being subject to deterioration caused by the presence
of water and other materials detrimental to wood
foundations in the soil. Wood foundations, when they
are not properly treated and protected against
deterioration, have performed very poorly and have
led to slope failures. Most contractors are typically
accustomed to construction in dry weather in the
Southern California region and are not generally
familiar with the necessary precautions and treatment
of wood that makes it suitable for both seismic events
and wet applications. With the higher seismic
demand placed on buildings and structures in this
region, coupled with the dryer weather conditions, it is the intent of this amendment to reduce or eliminate
potential problems resulting from the use of wood
footings and foundations.

HOA.103788926.5 41
R501.2 Geological Due to the high geologic activities in the Southern California area and the necessary higher level of
performance required for buildings and structures,
this local amendment limits the potential anchorage
and supporting frame failure resulting from additional
weight. There is no limitation for weight of
mechanical and plumbing fixtures and equipment in
the International Residential Code. Requirements
from ASCE 7 and the International Building Code
would permit equipment weighing up to 400 lbs. when
mounted at 4 feet or less above the floor or attic level without engineering design. Where equipment
exceeds this requirement, it is the intent of this
amendment that a registered design professional be
required to analyze if the floor support is adequate
and structurally sound.

R503.2.4
Figure
R503.2.4
Geological Section R502.10 of the Code does not provide any prescriptive criteria to limit the maximum floor
opening size, nor does Section R503 provide any
details to address the issue of shear transfer near
larger floor openings. With the higher seismic
demand placed on buildings and structures in this
region, it is important to ensure that a complete load
path is provided to reduce or eliminate potential
damage caused by seismic forces. Requiring
blocking with metal ties around larger floor openings
and limiting opening size is consistent with the
requirements of Section R301.2.2.2.5.

Table
R602.3(1)
Table
R602.3(2)
Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. In September 2007, limited cyclic
testing data was provided to the ICC Los Angeles
Chapter Structural Code Committee showing that
stapled wood structural shear panels do not exhibit
the same behavior as the nailed wood structural
shear panels. The test results of the stapled wood
structural shear panels demonstrated lower strength
and drift than the nailed wood structural shear panel
test results. Therefore, the use of staples as
fasteners for shear walls sheathed with other
materials shall not be permitted without being
substantiated by cyclic testing.

HOA.103788926.5 42
R602.3.2
Table
R602.3.2
Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. The County of Los Angeles and
cities in this region have taken extra measures to
maintain the structural integrity of the framing of the shear walls when designed for high levels of seismic
loads by eliminating single top plate construction.

The performance of modern day braced wall panel
construction is directly related to an adequate load
path extending from the roof diaphragm to the
foundation system.

R602.10.2.3 Geological The greater Los Angeles region is a densely populated area having buildings and structures
constructed over and near a vast array of fault
systems capable of producing major earthquakes,
including, but not limited, to the 1994 Northridge
Earthquake. Plywood shear walls with high aspect
ratio experienced many failures during the Northridge
Earthquake. This proposed amendment specifies a
minimum braced wall length to meet an aspect ratio
consistent with other sections of the California
Residential Code, and to assure that new buildings
and additions to existing buildings are designed and
constructed in accordance with the scope and
objectives of the California Residential Code. This is
intended to improve the performance level of
buildings and structures that are subject to the higher seismic demands and reduce and limit potential
damage to property. This proposed amendment
reflects the recommendations by SEAOSC and the
Los Angeles City Joint Task Force that investigated
the poor performance observed during the 1994
Northridge Earthquake.

HOA.103788926.5 43
Table
R602.10.3(3)
Geological Due to the high geologic activities in the Southern California area and the necessary higher level of
performance of buildings and structures, this local
amendment reduces or eliminates the allowable
shear values for shear walls sheathed with lath,
plaster, or gypsum board. The poor performance of
such shear walls sheathed with other materials in the
1994 Northridge Earthquake was investigated by
SEAOSC and the Los Angeles City Joint Task Force.

The County of Los Angeles and cities in this region
have taken extra measures to maintain the structural
integrity of the framing of the shear walls when
designed for high levels of seismic loads.

Table
R602.10.4
Geological 3/8" thick 3 ply-plywood shear walls experienced many failures during the Northridge Earthquake. This
amendment specifies minimum WSP sheathing
thickness and nail size and spacing, so as to provide
a uniform standard of construction to improve the
performance level of buildings and structures, given
the potential for higher seismic demands placed on
buildings or structure in this region. This proposed
amendment reflects the recommendations by
SEAOSC and the Los Angeles City Joint Task Force
following the 1994 Northridge Earthquake. In
September 2007, cyclic testing data was provided to
the Los Angeles Chapter Structural Code Committee
showing that stapled wood structural shear panels
underperformed nailed wood structural shear panels.

Test results of the stapled wood structural shear
panels appeared much lower in strength and drift
than the nailed wood structural shear panel test
results.

HOA.103788926.5 44
Table
R602.10.5
Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. The poor performance of such shear
walls sheathed in the 1994 Northridge Earthquake
was investigated by SEAOSC and the Los Angeles
City Joint Task Force. The County of Los Angeles
and cities in this region have taken extra measures to
maintain the structural integrity with respect to the
"maximum shear wall aspect ratios" of the framing of
the shear walls when designed for high levels of
seismic loads. This amendment is consistent with the
shear wall aspect ratio provision of Section 4.3.4 of
AWC SDPWS-2015.

Figure
R602.10.6.1
Geological 3/8" thick 3 ply-plywood shear walls experienced many failures during the Northridge Earthquake. The
poor performance of shear walls in the 1994
Northridge Earthquake was investigated by SEAOSC
and the Los Angeles City Joint Task Force. Box nails
were observed to cause massive and multiple failures
of the typical 3/8" thick 3 ply-plywood during the
Northridge Earthquake. The County of Los Angeles
and cities in this region have taken extra measures to
maintain the structural integrity of the framing of the shear walls when designed for high levels of seismic
loads. The performance of modern day braced wall
panel construction is directly related to an adequate
load path extending from the roof diaphragm to the
foundation system.

Figure
R602.10.6.2
Geological 3/8" thick 3 ply-plywood shear walls experienced many failures during the Northridge Earthquake. The
poor performance of such shear walls in the 1994
Northridge Earthquake was investigated by SEAOSC
and the Los Angeles City Joint Task Force. The
County of Los Angeles and cities in this region have
taken extra measures to maintain the structural
integrity of the framing of the shear walls when
designed for high levels of seismic loads. Box nails
were observed to cause massive and multiple failures
of typical 3/8-inch thick plywood during the Northridge Earthquake. This change to the minimum lap splice
requirement is consistent with Section 12.16.1 of ACI
318-11. This amendment is a continuation of
amendments adopted during prior Code adoption
cycles.

HOA.103788926.5 45
Figure
R602.10.6.4
Geological 3/8" thick 3 ply-plywood shear walls experienced many failures during the Northridge Earthquake. The
poor performance of such shear walls in the 1994
Northridge Earthquake was investigated by SEAOSC
and the Los Angeles City Joint Task Force. The
County of Los Angeles and cities in this region have
taken extra measures to maintain the structural
integrity of the framing of the shear walls when
designed for high levels of seismic loads. The
proposal in which "washers shall be a minimum
of 0.229 inch by 3 inches by 3 inches in size" is
consistent with Section R602.11.1 of the California
Residential Code and Section 2308.3.1 of the
California Building Code. This amendment is a
continuation of amendments adopted during prior
Code adoption cycle.

R606.4.4 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. The addition of the word "or" will
prevent the use of unreinforced parapets in Seismic
Design Category D0, D1, or D2, or on townhouses in
Seismic Design Category C.

R606.12.2.2.3 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. Reinforcement using longitudinal
wires for buildings and structures located in high
seismic areas is not as ductile as deformed rebar.

Having vertical reinforcement closer to the ends of
masonry walls helps to improve the seismic
performance of masonry buildings and structures.

R803.2.4 Geological Section R802 of the Code does not provide any prescriptive criteria to limit the maximum size of roof openings, nor does Section R803 provide any details
to address the issue of shear transfer near larger roof openings. With the higher seismic demand placed on
buildings and structures in this region, it is important to ensure that a complete load path is provided to
reduce or eliminate potential damage caused by
seismic forces. Requiring blocking with metal ties
around larger roof openings and limiting the size of
openings is consistent with the requirements of
Section R301.2.2.6.

HOA.103788926.5 46
R1001.3.1 Geological Los Angeles County is prone to seismic activity due to the existence of active faults in the Southern
California area. The performance of
fireplaces/chimneys without anchorage to the
foundation has been observed to be inadequate
during major earthquakes. The lack of anchorage to
the foundation results in overturn or displacement.

Appendix AZ
AZ101.1,
AZ102.1,
AZ103.1,
AZ103.4,
AZ107.1
Administrative,
Voluntary
Appendix
Climatic
Geologic
Topographical
Adoption of this appendix is necessary because strict
compliance with state and local standards and laws
would prevent, hinder, or delay the mitigation of the
effects of a declared shelter crisis or other
emergency. The modifications to this appendix are
administrative in nature, to provide clarification of
various provisions of the language of this voluntary
Appendix.

AZ106.1 Climatic,
Voluntary
Appendix
Los Angeles County is subject to extreme
temperatures, and many of these membrane
structures will be erected and occupied during severe
weather events. It is necessary to include this
amendment to ensure the safety, health, and comfort
of the occupants is maintained during extreme heat
and cold.

AZ110.1.1,
AZ110.1.2
Administrative,
Voluntary
Appendix
These sections are simply a cross reference to the
State Plumbing Code requirement for user
convenience and is not adding a new building
standard nor enacting a more restrictive requirement.

To the extent findings are requested, see prefatory
language in this Section.

AZ110.3 Climatic,
Voluntary
Appendix
The County may utilize mobile restroom facilities that
are physically separate from the living facilities. Due to the potential for severe local weather conditions,
with extreme temperatures or torrential rain, the
distance to the restroom facilities required for the
comfort, safety, and health of displaced people
should be reduced to 300 feet or as determined by
the Building Official.

SECTION 61. This ordinance shall become operative on January 1, 2023. [TITLE30RESIDENTIALCODE2022CSCC]

HOA.103806876.3

ANALYSIS
This ordinance repeals those provisions of Title 31 – Green Building Standards Code – of the Los Angeles County Code that incorporated by reference portions of the 2019 Edition of the California Green Building Standards Code, and the ordinance replaces them with provisions incorporating by reference portions of the 2022 California Green Building Standards Code, published by the California Building Standards Commission, with certain changes and modifications.

State law requires that the County adopt ordinances that contain the same requirements as are contained in the building standards published in the most recent edition of the California Green Building Standards Code. State law allows the County to change or modify these requirements only if it determines that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

The changes and modifications to requirements contained in the building standards published in the 2022 California Green Building Standards Code that are contained in this ordinance are based upon express findings, contained in the ordinance, that such changes are reasonably necessary due to local climatic, geological, or topographical conditions. This ordinance also makes certain modifications to the administrative portions of Title 31, and incorporates by reference certain administrative provisions contained in Title 26 – Building Code – of the Los Angeles County Code.

DAWYN R. HARRISON
Acting County Counsel
By
CAROLE B. SUZUKI
Senior Deputy County Counsel
Public Works Division
CBS:rm
Requested: 8/13/22
Revised: 9/29/22

HOA.103806876.3
ORDINANCE NO. ______________
An ordinance amending Title 31 – Green Building Standards Code – of the Los Angeles County Code, to adopt and incorporate by reference the 2022 California Green Building Standards Code, with certain changes and modifications, and to make other revisions thereto.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Chapters 2 through 8, and Appendix A4 and Appendix A5, of this Title 31 of the Los Angeles County Code, which incorporate by reference and modify portions of the 2019 California Green Building Standards Code, are hereby repealed.

SECTION 2. Section 100 is hereby amended to read as follows:
100 ADOPTION AND INCORPORATION BY REFERENCE
Except as hereinafter changed or modified, Sections 102 through 119 of Chapter 1 of Title 26 of the Los Angeles County Code are adopted and incorporated by reference into this Title 31 as if fully set forth below, and shall be known as Sections 102 through 119 of Chapter 1 of Title 31 of the Los Angeles County Code.

Except as hereinafter changed or modified, Chapters 2 through 8, and Appendix A4 and Appendix A5, of that certain code known and designated as the 201922 California Green Building Standards Code, as published by the California Building Standards Commission, are adopted and incorporated by reference into this Title 31, as if fully set forth below, and shall be known as Chapters 2 through 8, and Appendix A4 and Appendix A5, of Title 31 of the Los Angeles County Code.

HOA.103806876.3 2
A copy of the 201922 California Green Building Standards Code shall be at all times maintained by the Building Official for use and examination by the public.

SECTION 3. Section 202 is hereby amended to read, in alphabetical order as follows:
202 DEFINITIONS
. . .

COOL ROOF. A roofing material that reduces heat gain through the roof and has either high thermal emittance and high solar reflectance, or low thermal emittance and exceptionally high solar reflectance, as specified in Title 24, Part 6, of the California Energy Code.

COOL ROOF RATING COUNCIL or CRRC. The entity recognized by the California Energy Commission to rate and certify the reflectance and emittance values of roofing products.
. . .

DEVELOPMENT. Any activity requiring discretionary or non-discretionary land use or construction approval from the County that results in the creation, addition, modification, or replacement of impervious surface area, which is not part of routine maintenance activity. Development includes, but is not limited to, land subdivisions; the construction, installation, addition, or replacement of a building or structure; expansion of a building footprint; and land-disturbing activities related to structural or impervious surfaces. Development shall not include routine maintenance of original lines and grades and/or hydraulic capacity.

HOA.103806876.3 3
. . .

SECTION 4. Section 301 is hereby amended to read as follows:
301 GENERAL
301.1 Scope.

Buildings and structures shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code.

Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required unless adopted by a city, county or city and county as specified in Section 101.7indicated in Sections 301.1.1, 301.2, and 301.3. 301.1.1 Additions and alterationsResidential construction. [HCD]
The mandatory provisions of Chapter 4 shall be applied to newly constructed low-rise and high-rise residential buildings and structures six stories or less and additions to or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume or size. The requirements shall apply only to and/or within the specified area of the addition or alteration. . . .

Newly constructed high-rise residential buildings of seven stories or greater shall comply with Section 301.3.
301.3 Nonresidential additions and alterationsconstruction.

HOA.103806876.3 4
[BSC - CG]
. . .
301.3.3 Nonresidential buildings greater than or equal to 25,000 square feet.

In addition to the requirements of Section 301.3, any newly constructed nonresidential building greater than or equal to 25,000 square feet shall comply with all requirements of Section A5.601.2.4 Tier 1. Roofing materials shall comply with Tier 2 requirements of Table A5.106.11.2.3 [BSC].

Exceptions:

1. Compliance with Section A5.601.2.3 shall be voluntary.

2. High-rise residential buildings of seven stories or greater shall comply with Table A4.106.5.1(4) in lieu of Table A5.106.11.2.3.

SECTION 5. Section 4.106.4 is hereby amended to read as follows:
. . .

4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages.

For each dwelling unit, install a listed raceway to accommodateand a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box, or other enclosureattachment plug in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service

HOA.103806876.3 5
panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

4.106.4.1.1 Identification.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE".
. . .

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms.

The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. TenFifteen (105) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Electrical load calculations shall demonstrate that the electrical panel service capacity

HOA.103806876.3 6
and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.

Exceptions:

1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

When EV chargers (Level 2 EVSE) are installed in a number lessgreater than the required number of EV capable spacesfive (5) percent of parking spaces required by Section 4.106.4.2.1, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.

Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-fiveThirty (2530) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For

HOA.103806876.3 7
multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

Exception: EV chargers shall not be required for affordable housing projects.

Additionally, the number of required EV capable spaces is permitted to be calculated as ten (10) percent of the number of parking spaces and the number of required EV ready spaces is permitted to be calculated as twenty-five (25) percent of the number of parking spaces for affordable housing projects.

HOA.103806876.3 8

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms.

The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. TenFifteen (105) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.

Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than fivefifteen (15) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the fivefifteen (15) percent required.

HOA.103806876.3 9
Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-fiveThirty (2530) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. FiveFifteen (15) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

HOA.103806876.3 10
Exception: The number of required EV chargers is permitted to be calculated as five (5) percent of the number of parking spaces for affordable housing projects.

Additionally, the number of required EV capable spaces is permitted to be calculated as ten (10) percent of the number of parking spaces and the number of required EV ready spaces is permitted to be calculated as twenty-five (25) percent of the number of parking spaces for affordable housing projects.

4.106.4.2.2.13 Electric vehicle charging stations (EVCS).

Electric vehicle charging stations required by Section 4.106.4.2.1, Item 3, and Section 4.106.4.2.2, Item 3, shall comply with Section 4.106.4.2.2.13. . . .

4.106.4.2.2.13.1 Location.

EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.2.13.1 and Section 4.106.4.2.2.13.2, Item 3.

4.106.4.2.2.13.2 Electric vehicle charging stations (EVCS) dimensions. . . .

HOA.103806876.3 11

4.106.4.2.2.13.3 Accessible EV spaces.

In addition to the requirements in Sections 4.106.4.2.2.13.1 and 4.106.4.2.2.13.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

4.106.4.2.34 EV space requirements.
. . .

4.106.4.2. 45 Identification.
. . .

4.106.4.2.56 Electric Vehicle Ready Space Signage.
. . .

SECTION 6. Section 4.106.5 is hereby added to read as follows:

4.106.5 Low-impact development (LID).

New development or alterations to existing developed sites shall comply with Chapter 12.84 of Title 12 of the Los Angeles County Code.

SECTION 7. Section 4.106.6 is hereby added to read as follows:

4.106.6 Cool roof for reduction of heat island effect.

Roofing materials shall comply with the solar reflectance and thermal emittance requirements of this Section.

Exceptions:

1. Roof repair.

HOA.103806876.3 12

2. Roof replacement when the roof area being replaced is equal to or less than fifty (50) percent of the total roof area.

3. Installation of building-integrated photovoltaics.

4. Installation of a steep-sloped roof (roof slope > 2:12) in climate zone 16 on other than a low-rise multifamily building.

5. Additions resulting in less than 500 square feet of added roof area or less than fifty (50) percent of the total roof area, whichever is greater.

6. Roof construction that has a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 pounds per square foot.

4.106.6.1 Solar reflectance.

Roofing materials shall have a minimum 3-year aged solar reflectance equal to or greater than the values specified in Table 4.106.6(1) and Table 4.106.6(2).

Solar reflectance values shall be based on the aged reflectance value of the roofing product or the equation in Section A4.106.5.1, if the CRRC testing for aged solar reflectance is not available.

4.106.6.2 Thermal emittance.

Roofing materials shall have a CRRC initial or aged thermal emittance equal to or greater than the values specified in Table 4.106.6(1) and Table 4.106.6(2).

4.106.6.3 Solar reflectance index alternative.

Roofing materials having a Solar Reflectance Index (SRI) equal to or greater than the values specified in Table 4.106.6(1) and Table 4.106.6(2) may be used as an

HOA.103806876.3 13
alternative to compliance with the 3-year aged solar reflectance and thermal emittance values.

SRI values used to comply with this Section shall be calculated using the SRI Calculation Worksheet (SRI-WS) developed by the California Energy Commission or in compliance with ASTM E1980-01, as specified in the current California Energy Code.

Solar reflectance values used in the SRI-WS shall be based on the aged reflectance value of the roofing product or the equation in Section A4.106.5.1, if the CRRC-certified aged solar reflectance is not available. Certified thermal emittance used in the SRI-WS may be either the initial value or the aged value listed by the CRRC.

Note: The Solar Reflectance Index Calculation Worksheet (SRI-WS) is available by contacting the Energy Standards Hotline at 1-800-772-3300, website at www.energy.ca.gov or by email at [email protected].

SECTION 8. Tables 4.106.6(1) and 4.106.6(2) are hereby added to read as follows:

TABLE 4.106.6(1) – LOW-RISE RESIDENTIAL
ROOF SLOPE MINIMUM 3-YEAR

AGED SOLAR

REFLECTANCE

THERMAL

EMITTANCE
SRI
≤2:12 0.65 0.85 78
>2:12 0.25 0.85 20

HOA.103806876.3 14
TABLE 4.106.6(2) – HIGH RISE RESIDENTIAL BUILDINGS, HOTELS AND MOTELS ROOF SLOPE MINIMUM 3-YEAR

AGED SOLAR

REFLECTANCE

THERMAL

EMITTANCE
SRI
≤2:12 0.65 0.75 78
>2:12 0.25 0.75 20
SECTION 9. Section 4.408 is hereby amended to read as follows:

4.408 CONSTRUCTION WASTE REDUCTION, DISPOSAL AND

RECYCLING

4.408.1 Construction waste management.

Newly-constructed projects and additions and alterations to existing buildings shall Rrecycle and/or salvage for reuse a minimum of sixty-five (65) percent of the nonhazardous construction and demolition wastedebris in accordance with either Section 4.408.2, 4.408.3, or 4.408.4, or meet a more stringent local construction and demolition waste management ordinance, whichever is more stringent. Calculate the amount of materials diverted by weight or by volume, but not by both. . . .

SECTION 10. Section 5.106.3 is hereby added to read as follows:

5.106.3 Low-impact development (LID).

New development or alterations to existing developed sites shall comply with Chapter 12.84 of Title 12 of the Los Angeles County Code.

HOA.103806876.3 15
SECTION 11. Table 5.106.5.3.1 is hereby amended to read as follows:

TABLE 5.106.5.3.1

TOTAL NUMBER OF ACTUAL

PARKING SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

NUMBER OF EVCS (EV

CAPABLE SPACES
PROVIDED WITH EVSE)2
0-9 02 0
10-25 45 02
26-50 811 24
51-75 1319 35
76-100 1726 49
101-150 2538 613
151-200 3553 918
201 and over 2030 percent of total1 2533 percent of EV
capable spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

SECTION 12. Section 5.106.11 is hereby added to read as follows:

5.106.11 Cool roof for reduction of heat island effect.

Roofing materials shall comply with the solar reflectance and thermal emittance requirements of this Section.

Exceptions:

1. Roof repair.

2. Roof replacement when the roof area being replaced is equal to or less than fifty (50) percent of the total roof area.

3. Installation of building-integrated photovoltaics.

HOA.103806876.3 16

4. Additions resulting in less than 500 square feet of added roof area or less than fifty (50) percent of the total roof area, whichever is greater.

5. Roof construction that has a thermal mass over the roof membrane, including areas of vegetated (green) roofs, weighing at least 25 pounds per square foot.

5.106.11.1 Solar reflectance.

Roofing materials shall have a minimum 3-year aged solar reflectance equal to or greater than values specified in Table 5.106.11.

Solar reflectance values shall be based on the aged reflectance value of the roofing product or the equation in Section A5.106.11.2.1, if the CRRC testing for aged solar reflectance is not available.

5.106.11.2 Thermal emittance.

Roofing material shall have a CRRC initial or aged thermal emittance equal to or greater than the values specified in Table 5.106.11.

5.106.11.3 Solar reflectance index alternative.

Roofing material having a Solar Reflectance Index (SRI) equal to or greater than the values specified in Table 5.106.11 may be used as an alternative to compliance with the 3-year aged solar reflectance and thermal emittance values.

SRI values used to comply with this Section shall be calculated using the SRI Calculation Worksheet (SRI-WS) developed by the California Energy Commission or in compliance with ASTM E1980-01, as specified in the current California Energy Code.

Solar reflectance values used in the SRI-WS shall be based on the aged reflectance value of the roofing product or the equation in Section A5.106.11.2.1, if the CRRCPage 579 of 853 HOA.103806876.3 17
certified aged solar reflectance is not available. Certified thermal emittance used in the SRI-WS may be either the initial value or the aged value listed by the CRRC.

Note: The Solar Reflectance Index Calculation Worksheet (SRI-WS) is available by contacting the Energy Standards Hotline at 1-800-772-3300, website at www.energy.ca.gov or by email at [email protected].

SECTION 13. Table 5.106.11 is hereby added to read as follows:

TABLE 5.106.11
ROOF SLOPE MINIMUM 3-YEAR AGED

SOLAR REFLECTANCE

THERMAL

EMITTANCE
SRI
≤2:12 0.68 0.85 82
>2:12 0.28 0.85 27
SECTION 14. Section 5.408.1 is hereby amended to read as follows:

5.408.1 Construction waste management.

Newly-constructed projects and additions and alterations to existing buildings shall Rrecycle and/or salvage for reuse a minimum of sixty-five (65) percent of the non-hazardous construction and demolition wastedebris in accordance with either Section 5.408.1.1, 5.408.1.2, or 5.408.1.3; or meet a local construction and demolition waste management ordinance, whichever is more stringent. Calculate the amount of materials diverted by weight or volume, but not by both.

SECTION 15. Appendix A4 is hereby amended to read as follows:

HOA.103806876.3 18
APPENDIX A4

RESIDENTIAL VOLUNTARY MEASURES
Some of tThe measures contained in this appendix are not mandatory unless adopted by a city, county or city and county as specified in Section 101.7 and provide additional measures thatexcept to the extent indicated elsewhere in this Code. dDesigners, builders, and property owners may wishare encouraged to consider all of these measures during the planning, design, and construction process.

SECTION 16. Section A4.108.1 is hereby amended to read as follows:

A4.108.1 Innovative concepts and local environmental conditions.

The provisions of this cCode are not intended to prevent the use of any alternate material, appliance, installation, device, arrangement, method, design, or method of construction not specifically prescribed by this cCode. This code does not limit the authority of city, county, or city and county government to make necessary changes to the provisions contained in this code pursuant to Section 101.7.1.

SECTION 17. Section A4.306.1 is hereby amended to read as follows:

A4.306.1 Innovative concepts and local environmental conditions.

The provisions of this cCode are not intended to prevent the use of any alternate material, appliance, installation, device, arrangement, method, design, or method of construction not specifically prescribed by this cCode. This code does not limit the authority of city, county, or city and county government to make necessary changes to the provisions contained in this code pursuant to Section 101.7.1.

SECTION 18. Section A4.411.1 is hereby amended to read as follows:

HOA.103806876.3 19
A4.411.1 Innovative concepts and local environmental conditions.

The provisions of this cCode are not intended to prevent the use of any alternate material, appliance, installation, device, arrangement, method, design, or method of construction not specifically prescribed by this cCode. This code does not limit the authority of city, county, or city and county government to make necessary changes to the provisions contained in this code pursuant to Section 101.7.1.

SECTION 19. Section A4.509.1 is hereby amended to read as follows:

A4.509.1 Innovative concepts and local environmental conditions.

The provisions of this cCode are not intended to prevent the use of any alternate material, appliance, installation, device, arrangement, method, design, or method of construction not specifically prescribed by this cCode. This code does not limit the authority of city, county, or city and county government to make necessary changes to the provisions contained in this code pursuant to Section 101.7.1.

SECTION 20. Section A4.601.1 is hereby amended to read as follows:

A4.601.1 Scope.

The measures contained in this appendix are not mandatory unless adopted by a city, county, or city and county as specified in Section 101.7except to the extent indicated elsewhere in this Code. The provisions of this sSection outline means of achieving enhanced construction or reach levels by incorporating additional green building measures. In order to meet one of the tier levels, designers builders or property owners are required to incorporate additional green building measures necessary to meet the threshold of each level.

HOA.103806876.3 20
SECTION 21. Section A4.601.2 is hereby amended to read as follows:

A4.601.2 Prerequisite measures.

Tier 1 and Tier 2 thresholds require compliance with the mandatory provisions of this cCode and incorporation of the required prerequisite measures listed in Section A4.601.4.2 for Tier 1 and A4.601.5.2 for Tier 2. Prerequisite measures are also identified in the Residential Occupancies Application Checklist in Section A4.602.

As specified in Section 101.7, additional prerequisite measures may be included by the enforcing agency to address specific local environmental conditions and may be listed in the Innovative Concepts and Local Environmental Conditions portions of the checklist.

SECTION 22. Section A4.602 is hereby amended to read as follows:

RESIDENTIAL OCCUPANCIES APPLICATION CHECKLIST
. . .
1Green building measures listed in this table may be mandatory if adopted by a city, county, or city and county as specified in Section 101.7.Reserved. . . .

SECTION 23. Section A4.701.1 is hereby amended to read as follows:

A4.701.1 General.

The voluntary measures of this cCode are designed and promulgated to be adopted by reference and made mandatory by local ordinance pursuant to Section 101.7. Jurisdictions wishing to adopt the voluntary provisions of this cCode as an enforceable regulation governing structures and premises should ensure that certain

HOA.103806876.3 21
factual information is included in the adopting ordinance and that the measures are appropriate and achievable and are considered to be suitable as mandatory by the city, county, or city and county. The following sample adoption ordinance addresses several key elements of a code adoption ordinance, including the information required for insertion into thesuch code text.
. . .

SECTION 24. The Appendix A5 heading is hereby amended to read as follows:

APPENDIX A5

NON-RESIDENTIAL VOLUNTARY MEASURES
The measures contained in this appendix are not mandatory unless adopted by a city, county, or city and county as specified in Section 101.7 and provide additional measures thatexcept to the extent indicated elsewhere in this Code. dDesigners, builders and property owners may wishare encouraged to consider all of these measures during the planning, design, and construction process.

SECTION 25. Section A5.601.1 is hereby amended to read as follows:

A5.601.1 Scope.

The measures contained in this appendix are not mandatory unless adopted by local government as specified in Section 101.7except to the extent indicated elsewhere in this Code. The provisions of this sSection outline means of achieving enhanced construction or reach levels by incorporating additional green building measures for newly constructed nonresidential buildings as well as additions and alterations. In order

HOA.103806876.3 22
to meet one of the tier levels, designers, builders or property owners are required to incorporate additional green building measures necessary to meet the threshold of each level. Refer to the provisions in Section 301.3 for non-residential additions and alterationsconstruction scope and application.

SECTION 26. The provisions of this ordinance contain various changes, modifications, and additions to the 2022 Edition of the California Green Building Standards Code. Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Green Building Standards Code.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code that are contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. Without limiting the foregoing, the County makes additional findings herein:

HOA.103806876.3 23

GREEN BUILDING STANDARDS CODE AMENDMENTS
CODE

SECTION CONDITION EXPLANATION
301.1, 301.1.1 Climatic and
Topographic
Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Expanding the scope of the
mandatory requirements of this Code for all
residential additions and alterations, and for
residential buildings of seven stories or greater in
height, will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
water, and material usage, and improved
environmental air quality.
301.3, 301.3.3 Climatic and
Topographic
Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Expanding the scope of the
mandatory requirements of this Code for
nonresidential buildings and residential buildings
of seven stories or greater in height that are
greater than or equal to 25,000 square feet in floor
area will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
water, and material usage, and improved
environmental air quality.

4.106.4.1,

4.106.4.1.1,

4.106.4.2,

4.106.4.2.1,

4.106.4.2.2,

4.106.4.2.3
Climatic The County of Los Angeles is a densely populated area with elevated levels of greenhouse gas
emissions. The proposed modification to increase
the number of EV charging spaces and stations
will help to promote the use of electric vehicles
and significantly reduce local air and noise
pollution and greenhouse gas emissions, thereby
improving the health of the County's residents,
businesses, and visitors.

4.106.5 Climatic and
Topographic
The County of Los Angeles is a densely populated
area having residential buildings constructed
within a region where water is scarce and
maintaining storm water runoff quality is required.

The proposed low-impact development measures

HOA.103806876.3 24

GREEN BUILDING STANDARDS CODE AMENDMENTS
CODE

SECTION CONDITION EXPLANATION
will allow greater conservation of rain water,
increase in groundwater recharge, reduction of
storm water runoff, and improvement in storm
water runoff quality.

4.106.6,

4.106.6.1,

4.106.6.2,

4.106.6.3,
Table 4.106.6(1)
Table 4.106.6(2)
Climatic Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Adding mandatory
requirements for cool roofs for residential
occupancies will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
and improved environmental air quality.

5.106.3 Climatic and
Topographic
The County of Los Angeles is a densely populated
area having buildings constructed within a region
where water is scarce and maintaining storm
water runoff quality is required. The proposed
low-impact development measures will allow
greater conservation of rain water, increase in
groundwater recharge, reduction of storm water
runoff, and improvement in storm water runoff
quality.

Table

5.106.5.3.1
Climatic The County of Los Angeles is a densely populated area with elevated levels of greenhouse gas
emissions. The proposed modification to increase
the number of EV charging spaces and stations
will help to promote the use of electric vehicles
and significantly reduce local air and noise
pollution and greenhouse gas emissions, thereby
improving the health of the County's residents,
businesses, and visitors.

5.106.11,

5.106.11.1,

5.106.11.2,

5.106.11.3,
Table 5.106.11
Climatic Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Adding mandatory
requirements for cool roofs for nonresidential
occupancies will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
and improved environmental air quality.

HOA.103806876.3 25

GREEN BUILDING STANDARDS CODE AMENDMENTS
CODE

SECTION CONDITION EXPLANATION
A5.601.1 Climatic and
Topographic
Environmental resources in the County of
Los Angeles are scarce due to varying, and
occasionally immoderate, temperatures and
weather conditions. Expanding the scope of the
mandatory requirements of this Code for
nonresidential buildings and residential buildings
of seven stories or greater in height that are
greater than or equal to 25,000 square feet in floor
area will achieve a greater reduction in
greenhouse gases, higher efficiencies of energy,
water, and material usage, and improved
environmental air quality.

SECTION 27. This ordinance shall become operative on January 1, 2023. [TITLE31GREENBUILDSTANDCODE2022CSCC]

HOA.103776698.5

ANALYSIS
This ordinance repeals those provisions of Title 33 – Existing Building Code – of the Los Angeles County Code that incorporated by reference portions of the 2019 California Existing Building Code, and replaces them with provisions incorporating by reference portions of the 2022 California Existing Building Code, published by the California Building Standards Commission, with certain changes and modifications.

Unless deleted or modified herein, the previously-enacted provisions of Title 33 continue in effect.

State law requires that the County's Existing Building Code impose the same requirements as are contained in the building standards published in the most recent edition of the California Existing Building Code, except for changes or modifications deemed reasonably necessary by the County because of local climatic, geological, or topographical conditions.

The changes and modifications to requirements contained in the building standards published in the 2022 California Existing Building Code that are contained in this ordinance are based upon express findings, contained in the ordinance, that such changes are reasonably necessary due to local climatic, geological, or topographical conditions. This ordinance also makes certain modifications to the administrative portions of Title 33, and incorporates by reference certain administrative provisions contained in Title 26 – Building Code – of the Los Angeles County Code.

DAWYN R. HARRISON
Acting County Counsel
By
CAROLE B. SUZUKI
Senior Deputy County Counsel
Public Works Division
CBS:rm
Requested: 07/12/22
Revised: 09/28/22

HOA.103776698.5
ORDINANCE NO. _____________
An ordinance amending Title 33 – Existing Building Code – of the Los Angeles County Code, to adopt and incorporate by reference the 2022 California Existing Building Code, with certain changes and modifications.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Chapters 2 through 4, 15, and 16, and Appendix A, Chapters A1, A3, A4, and A5 of this Title 33 of the Los Angeles County Code, which incorporated by reference, and modified, portions of the 2019 California Existing Building Code, are hereby repealed.

SECTION 2. Chapter 1 is hereby amended to read as follows:
100 ADOPTION AND INCORPORATION BY REFERENCE
Except as hereinafter changed or modified, Sections 102 through 119 of Chapter 1 of Title 26 of the Los Angeles County Code are adopted and incorporated by reference into this Title 33 of the Los Angeles County Code as if fully set forth below, and shall be known as Sections 102 through 119 of Chapter 1 of Title 33 of the Los Angeles County Code.

Except as hereinafter changed or modified, Chapters 2 through 45, 15, and 16, and Appendix A, Chapters A1, A3, A4, and A5, of that certain code known and designated as the 20192022 California Existing Building Code, as published by the California Building Standards Commission, are adopted and incorporated by reference into this Title 33, as if fully set forth below, and shall be known as Chapters 2 through 4

HOA.103776698.5 2
5, 15 and 16, and Appendix A, Chapters A1, A3, A4, and A5 of Title 33 of the Los Angeles County Code.

A copy of the 20192022 California Existing Building Code shall be at all times maintained by the Building Official for use and examination by the public.

SECTION 3. Section 302.6 is hereby added to read as follows:
302.6 Parapets and appendages.
302.6.1 General compliance. Whenever the Building Official determines by inspection that, as a result of inadequate construction or bracing to resist horizontal forces, an existing parapet or appendage attached to and supported by an exterior wall of a building is likely to become a hazard to life or property in the event of earthquake disturbance, and such parapet or appendage is not an immediate hazard or danger, as described in Section 102, the Building Official may provide the owner of the building or other person or agent in control of the building, where such parapet or other appendage exists, with a written notice specifying the hazards and the inadequacies of the construction or bracing. The owner of the building or other person or agent in control of the building shall, within 12 months from the date of such written notice, eliminate the hazard as set forth below. Any person receiving notice as set out in this Section may appeal, in the manner provided by Section 102.4, to the Building Board of Appeals.
302.6.2 Wall anchor. The parapet or appendage shall be removed and the remainder of the wall shall be anchored at the roof line, or it shall be reconstructed so that it will conform structurally as nearly as practicable to the

HOA.103776698.5 3
requirements of Chapter 16 of the Building Code, or it shall be otherwise braced and strengthened in a manner satisfactory to the Building Official, so that it will resist a reasonable degree of horizontal forces without becoming dislodged or at risk of falling. 302.6.3 Inspection of existing condition. Where, in the opinion of the Building Official, it is necessary to open a portion of a roof, wall, or ceiling of a building in order to determine the structural condition of any parapet or appendage, the Building Official may order the owner to make such opening, and the owner shall comply with said order at the owner's sole cost and expense.

SECTION 4. Section 302.7 is hereby added to read as follows:
302.7 Existing glass. Whenever the Building Official determines by inspection that an existing glass installation, in rooms having an occupant load of more than 100 persons or a means of egress serving an occupant load of more than 100 persons, as determined by Chapter 10 of the Building Code, is likely to become a hazard in the event of accidental human impact, as described in Section 2406.4 of the Building Code, and such installation does not comply with the provisions for glazing in such locations, the Building Official may provide the owner of the building or other person or agent in control of the building where such glazing exists with a written notice of such condition. The owner of the building or other person or agent in control of the building shall, within 90 days after receiving said notice, replace such glass or otherwise cause the installation to conform to the requirements of the Building Code.

SECTION 5. Section A401.2 is hereby amended to read as follows:

HOA.103776698.5 4
A401.2 Scope. The provisions of this cChapter apply tomay be used for voluntary seismic improvements to existing buildings of wood construction that contain residential occupancies and are assigned to Risk Category II, and where the structure has a soft, weak, or open-front wall line, and there exists one or more stories above.

SECTION 6. Section A403.1 is hereby amended to read as follows:
[BS] A403.1 General. Modifications required by the provisions in this cChapter shall be designed in accordance with the California Building Code provisions for new construction, except as modified by this cChapter.

Exception: Buildings for which the prescriptive measures provided in Section A404 apply and are used.

Alteration of the existing lateral force-resisting system or vertical load-carrying system shall not reduce the strength or stiffness of the existing structure, unless the altered structure would remain in conformance to the bBuilding cCode and this cChapter.

SECTION 7. Section A404.1 is hereby amended to read as follows:
[BS] A404.1 Limitation. These prescriptive measures shall apply only to two-story buildings and only when deemed appropriate by the codeBuilding oOfficial.

These prescriptive measures rely on rotation of the second floor diaphragm to distribute the seismic load between the side and rear walls around a ground floor open area. In the absence of an existing floor diaphragm of wood structural panel or diagonal sheathing at the top of the first story, a new wood structural panel diaphragm of

HOA.103776698.5 5
minimum thickness of ¾ inch (19.1 mm) and with 10d common nails at 6 inches (152 mm) on center shall be applied. A California licensed architect or engineer shall demonstrate compliance with the requirements of Section A404.1 and shall approve and stamp the construction documents.

SECTION 8. Section A405.1 is hereby amended to read as follows:
[BS] A405.1 New materials. New materials shall meet the requirements of the California Building Code, except where allowed by this cChapter.

SECTION 9. Section A407.1 is hereby amended to read as follows:
[BS] A407.1 Structural observation.

Structural observation, in accordance with Section 1704.6 of the California Building Code, is required, regardless of seismic design category, height, or other conditions. Structural observation shall include visual observation of work for conformance to the approved construction documents and confirmation of existing conditions assumed during design.

SECTION 10. Section A407.3 is hereby amended to read as follows:
[BS] A407.3 Testing and inspection.

Structural testing and inspection for new construction materials, submittals, reports and certificates of compliance shall be in accordance with Sections 1704 and 1705 of the California Building Code. Work done to comply with this cChapter shall not be eligible for Exceptions 1, 2, or 3 of Section 1704.2 of the California Building Code or for the exception to Section 1705.13.2 of the California Building Code.

HOA.103776698.5 6
SECTION 11. The provisions of this ordinance contain various changes, modifications, and additions to the 2022 Edition of the California Existing Building Code.

Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Existing Building Code.

Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. Without limiting the foregoing, the County makes additional findings herein:

EXISTING BUILDING CODE AMENDMENTS
CODE

SECTION CONDITION EXPLANATION
302.6.1 to
302.6.3
Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of
the amendments is to prevent inadequate
construction or bracing to increase resistance to
horizontal forces, thus minimizing hazards to life
or property in the event of an earthquake.

HOA.103776698.5 7
302.7 Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of
the amendment is to minimize injuries caused by
shattering glass in the event of an earthquake.

A401.2 Geologic,
Administrative,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of this
amendment is to provide voluntary building
standards to constituents that are performing
seismic retrofitting for existing structures.

A404.1 Administrative,
Geologic,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major
earthquakes, including, but not limited to, the
1994 Northridge Earthquake. The purpose of this
amendment is to provide voluntary building
standards to constituents that are performing
seismic retrofitting for existing structures. Due to
these factors, the County requires a licensed
architect or engineer stamp and approval of the
construction documents.

SECTION 12. This ordinance shall become operative on January 1, 2023. [TITLE33EXISTINGBUILDCODE2022CSCC]

Enclosure

NOTICE OF HEARING
REGARDING ORDINANCES AMENDING TITLES 26 (BUILDING CODE), 27 (ELECTRICAL CODE), 28 (PLUMBING CODE), 29 (MECHANICAL CODE), 30 (RESIDENTIAL CODE), 31 (GREEN BUILDING STANDARDS CODE), AND 33 (EXISTING BUILDING CODE) OF THE LOS ANGELES COUNTY CODE NOTICE IS HEREBY GIVEN that a public hearing will be held by the Board of Supervisors regarding the adoption of ordinances amending Titles 26 (Building Code), 27 (Electrical Code), 28 (Plumbing Code), 29 (Mechanical Code), 30 (Residential Code), 31 (Green Building Standards Code), and 33 (Existing Building Code) of the Los Angeles County Code.

Said hearing will be held in the Hearing Room of the Board of Supervisors, Room 381B, Kenneth Hahn Hall of Administration, 500 West Temple Street (corner of Temple Street and Grand Avenue), Los Angeles, California, 90012, on November 15, 2022, at 9:30 a.m.

The proposed ordinances will amend Titles 26 (Building Code), 27 (Electrical Code), 28 (Plumbing Code), 29 (Mechanical Code), 30 (Residential Code), 31 (Green Building Standards Code), and Title 33 (Existing Building Code) of the Los Angeles County Code by repealing the provisions contained in these Titles, which had incorporated by reference the 2019 Edition of the California Building Standards Code and replacing them with provisions incorporating by reference the applicable portions of the 2022 Edition of the California Building Standards Code, published by the California Building Standards Commission, with certain changes and modifications.

Copies of the applicable portions of the 2022 Edition of the California Building Standards Code, published by the California Building Standards Commission, are on file with the Executive Office and are open to public inspection.

Notice is further given that at the conclusion of the hearing, the Board of Supervisors may adopt the proposed ordinances, decline to adopt the proposed ordinances, or make amendments to the ordinances that are justified by the evidence presented and warranted by local conditions.

If you do not understand this notice or need more information, please call Mr. Razmig Shamim of Public Works, Building and Safety Division, at (626) 458-6388.

Our office hours are Monday through Thursday from 7 a.m. to 5:45 p.m.

Upon 72 hours' notice, the County can provide program information and publications in alternate formats or make other accommodations for people with disabilities. In addition, documents are available at the Kenneth Hahn Hall of Administration in Los Angeles (500 West Temple Street), which is accessible to individuals with disabilities. To request accommodations ONLY, or for more ADA information, please contact our ADA Coordinator at (626) 458-5100 or the California Relay Service 711, Monday through Thursday from 7 a.m. to 5:30 p.m.

Para más información, por favor llame a Obras Públicas al (800) 752-6096, de lunes a jueves entre las 7 a.m. y 5:30 p.m.

Attachment C Page 598 of 853

Blank Page

55733.00004\40883052.2
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
12/06/2022 Page 1 of 3

STAFF REPORT
Revised 12/2/22
Date: December 6, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Juan Arauz, AICP, Community Development Director
Subject: Resolution Approving the City’s Purchase and Sale Agreement for the Sale of Real Property at 8420 Atlantic Avenue (APNs 6224-034-014, 6224-034-032, 6224-034-040, and 6224-034-041) with Prima Development and finding the action is categorically exempt from CEQA review pursuant to the infill exemption

RECOMMENDATION
Staff recommends that the City Council of the City of Cudahy (the “City”):

1. Adopt the Resolution approving the City’s Purchase and Sale Agreement (“PSA”) to sell the real property located at 8420 Atlantic Avenue, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-034-014, 6224-034-032, 6224-034- 040, and 6224-034-041, in order to allow for the development of a mixed-use project (“Project”).

BACKGROUND/PROJECT DESCRIPTION
City has been in negotiations with Prima Development, a California nonprofit public benefit corporation (the “Developer”) regarding the sale and purchase of that certain property commonly known as 8420 Atlantic Avenue, Cudahy, California with the following Los Angeles County Assessor Parcel Numbers: 6224-034-014, 6224-034-032, 6224-034-040, and 6224-034- 041 (the “Property”). The Property will be sold by the City by entering into a PSA with the Developer whereby Developer will develop the property into a mixed-use development project after purchase.

The Project includes the construction of a new mixed-use development located on a 91,250 square foot (2.1 acre) lot. The zoning of the Property is Entertainment (E).

On November 15, 2022, the City Council approved a Resolution No. 22-66, declaring the City’s Item Number
15B

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intent to sell the Property and setting a public hearing to approve the PSA for December 6, 2022. City staff published the Resolution on November 25, 2022, for a period of 10 days for the public hearing on the PSA for December 6, 2022.

Revised: Staff has completed discussions with the Developer and attached is a the Purchase and Sale Agreement in substantially final form. Pursuant to the agreement the project is anticipated to include up to approximately one hundred and forty-eight (148) units of affordable rental housing reserved for occupancy by income eligible senior citizens, pursuant to recorded affordability conditions, covenants and restrictions reasonably acceptable to the City and each of the other public agencies identified in Paragraph 4.3.7(a)-(d), as applicable; and mixed-use office space reserved for medical treatment and continuum of care including adult care facility and public social services and/or general office space reserved for occupancy by community non-profit organizations. The Project is also expected to include service and amenity space and on-site parking for senior citizen residents and users of the Project.

The terms of the PSA include, but are not limited to:• The total purchase price ("Purchase Price") for the Property shall be One Hundred Dollars ($100). • Outside Close of Escrow Date is 12/31/22
• Closing is conditioned upon the approval of the Compensation Agreement. • Buyer is taking the property “AS-IS” and is responsible for completing a remedial work plan which is estimated to cost $8,992,355. The remedial work plan must be approved by the appropriate regulatory agency by December 31, 2025. • Post-Closing Conditions:
o Buyer must enter into a Development Agreement with the City by July 1, 2024 which will address occupancy restrictions relating to income, age, disability, homelessness, or other relevant and appropriate characteristics; (b) scope of development; (c) schedule of performance and (d) consequences for the failure to perform the requirements of the Development Agreement.
o Buyer must receive all entitlements by July 1, 2024
• If the Post-closing conditions are not satisfied the City has the ability to retake the property.
• Developer and City shall share any revenue received off the property during the period between close of escrow and construction of the project. Developer is required to use any income the Developer receives for predevelopment costs and maintenance of the property. The City is agreeing to allow Developer to use the City’s portion of the income for predevelopment costs subject to a future loan agreement. Any loan made by the City will be converted to a permanent loan repayable from Project cash flow in the future.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq), and the City’s Local CEQA Guidelines. Specifically, the Project is categorically exempt, pursuant to Section 15332, In-fill Development Projects as the potential development project is 1)

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consistent with the applicable general plan designation and all applicable general plan policies as well as applicable zoning designation and regulations; 2) the proposed development occurs within city limits on a project site no more than five acres substantially surrounded by urban uses; 3) the project has no value as habitat for endangered, rare or threatened species; 4) approval of the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and 5) the site can be adequately served by all required utilities and public services.

CONCLUSION
Staff recommends that the City Council adopt the attached resolution approving the City’s Purchase and Sale Agreement (“PSA”) to sell the real property located at 8420 Atlantic Avenue.

STRATEGIC PLAN CORRELATION
The Project supports the following strategies identified in the City’s Strategic Plan as adopted by the City Council.

Goal F

1. Develop the Cudahy brand.

2. Create a sense of place and establish the community’s identity.

3. Use the Cudahy brand to provide visual identity of the City, including signage.

4. Identify methods to connect with community members, including soliciting input on a regular basis.

5. Increase the City’s social media presence.

6. Explore opportunities for efficiency through insourcing and outsourcing.

7. Foster relationship building among residents.

FINANCIAL IMPACT
This item does not have any impacts to the City’s General Fund beyond standard staff time.

ATTACHMENTS
A. Resolution No. 22-72
B. PowerPoint
C. Purchase and Sale Agreement

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RESOLUTION NO. 22-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY,

CALIFORNIA, APPROVING THE EXECUTION OF A PURCHASE AND SALE

AGREEMENT WITH PRIMA DEVELOPMENT, A CALIFORNIA NONPROFIT

PUBLIC BENEFIT CORPORATION, FOR THE SALE OF CERTAIN REAL PROPERTY AT 8420 ATLANTIC AVENUE
WHEREAS, the City of Cudahy (“City”) currently owns in fee that certain real property generally located at 8420 Atlantic Avenue, in the City of Cudahy (APNs: 6224-034-014, 6224- 034-032, 6224-034-040, and 6224-034-041) and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”); and WHEREAS, the City intends to sell the Property by executing a Purchase and Sale Agreement (“PSA”) with Prima Development, a California nonprofit public benefit corporation (“Purchaser”); and
WHEREAS, California Government Code Section 54220 et seq. (the “Surplus Land Act”) was amended in 2019 by Assembly Bill 1486 (“AB 1486”); and WHEREAS, the Surplus Land Act, as amended by AB 1486, does not apply to this Property because pursuant to section 54234(a)(1) of the Surplus Land Act, the Property was subject to a legally binding agreement between the parties, effective as of a date prior to September 30, 2019; and
WHEREAS, under the pre-amended Surplus Land Act, the Property is not considered “surplus” because it is being used for the development of affordable housing and economic development, which falls under the category of “agency use” in the Surplus Land Act; and WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, on November 15, 2022, the City Council passed and approved Resolution No. 22-66, which declared the City’s intent to sell the Property and announced a public hearing scheduled for December 6, 2022 in order to hear any protests to the sale.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.

SECTION 2. Surplus Land Act Findings. The City Council of the City hereby finds and determines that the Property is exempt from the Surplus Land Act, as amended by AB 1486, because the Property is the subject of a legally binding agreement, entered into by the parties prior to September 30, 2019, and therefore, pursuant to Government Code section 54234(a)(1), is not subject to the Surplus Land Act, as amended by AB 1486.

SECTION 3. Approval. The City Council hereby approves sale of the Property to the Purchaser for valuable consideration and directs the City Manager to execute the related PSA and do or cause his designees to do any other actions necessary to carry out the intent of this Attachment A Page 604 of 853
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resolution. The City Council hereby finds that the sale of the Property to the Purchaser is in the best interest of the City.

SECTION 4. Public Convenience and Necessity Findings. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Property. The factors demonstrating that the public convenience and necessity require the sale of the Property include, but are not limited to the following: (i) strengthening the City’s land use and social structure and (ii) alleviating economic and physical blight on the Property.

SECTION 5. Notice of Exemption. The City Council hereby directs staff to prepare, execute and file with the Los Angeles County Clerk a Notice of Exemption within five working days of the approval of the PSA.

SECTION 6. Custodian of Documents. The custodian of documents constituting the record of proceedings for this matter is the City Clerk’s Office. The documents constituting the record of proceedings for this matter are located at City Hall at 5220 Santa Ana Street, Cudahy, CA 90201.

SECTION 7. Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately upon its adoption.

The City Clerk of the City of Cudahy shall certify as to the adoption of this Resolution.

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PASSED, APPROVED, AND ADOPTED this 6th day of December, 2022. _____________________________________

ELIZABETH ALCANTAR, MAYOR
ATTEST:
________________________________

CITY CLERK

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF CUDAHY )
I, RICHARD IGLESIAS, Deputy City Clerk of the City of CUDAHY, DO HEREBY CERTIFY that the foregoing Resolution No. 22-72 was duly passed and adopted by the City Council of the City of Cudahy at their regular meeting held on December 6, 2022, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

RICHARD IGLESIAS, CITY CLERK

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EXHIBIT “A”
TO
RESOLUTION NO. __________

LEGAL DESCRIPTION OF PROPERTY
All that certain real property situated in the County of Los Angeles, State of California, described as follows:

PARCEL 1: APN: 6224-034-901 AND 902
LOT 246 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING FROM SAID LOT 246 THE NORTHERLY 150 FEET
THEREOF. APN: 6224-034-902
THE NORTHERLY 150.00 FEET OF LOT 246 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2: APN: 6224-034-903
ALL THAT PORTION OF LOT 244 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF

MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 245; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 245 AND SOUTHERLY LINE EXTENDED

EASTERLY, SAID SOUTHERLY LINE BEING PARALLEL WITH THE NORTHERLY LINES OF LOTS 243, 244 AND 245 OF SAID TRACT, TO THE EASTERLY LINE OF SAID LOT 243 AND END OF SAID DESCRIBED LINE, SHOWN AS PARCEL 2 OF A CERTIFICATE OF COMPLIANCE NO. 8157, FOR LOT LINE ADJUSTMENT, RECORDED OCTOBER 21, 2009, AS INSTRUMENT NO. 20091594934, OF OFFICIAL RECORDS.

PARCEL 3: APN: 6224-034-900
ALL THAT PORTION OF LOT 243 OF TRACT NO. 180, IN THE CITY OF CUDAHY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 198, OF

MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 245; THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 245 AND SOUTHERLY LINE EXTENDED

EASTERLY, SAID SOUTHERLY LINE BEING PARALLEL WITH THE NORTHERLY LINES OF LOTS 243, 244 AND 245 OF SAID TRACT, TO THE EASTERLY LINE OF SAID LOT 243 AND END OF SAID DESCRIBED LINE, SHOWN AS PARCEL 3 OF A CERTIFICATE OF COMPLIANCE NO. 8157, FOR LOT LINE ADJUSTMENT, RECORDED OCTOBER 21, 2009, AS INSTRUMENT NO. 20091594934, OF OFFICIAL RECORDS.

Commonly known as: 8420 Atlantic Avenue, Cudahy, CA 90201

PLANNING COMMISSION MEETING
NOVEMBER 21, 2022
RESOLUTION NO 22-07
8420 ATLANTIC AVENUE
Attachment B Page 608 of 853
1 REQUEST
Applicant / Location
Prima Development/ 8420 Atlantic Avenue
Request
Adopt resolution No 22-07, A resolution of the Planning Commission, finding General Plan conformity regarding the city’s sale of the real property located at 8420 Atlantic Avenue, in order to allow for the construction of a mixed-used development (“Project”)

PROJECT SITE – 8420 ATLANTIC AVENUE
2 Project Site
Los Angeles County Assessor Parcel
Numbers:
• 6224-034-014
• 6224-034-032
• 6224-034-040
• 6224-034-041
Zoning Designation
Entertainment Zone (Ent)
Details
91,250 Square foot lot (2.1 acres)
Vehicular access
Atlantic Ave, Salt Lake Ave, & Patata Street
8420 Atlantic Ave
Patata Street

3 ADJACENT SITES: ZONING AND LAND USE
Location Zoning
Project
Site Entertainment
North Light Industrial
East Light Industrial
South Entertainment
West Entertainment
• The Entertainment zone was established as a mixeduse land use designation in the City’s adopted General Plan.
• Therefore, the proposed mixed-use project will align
and conform to the City’s General Plan.

4 BACKGROUND AND NEXT STEPS
 On November 15, 2022: City Council adopted notice of intent to sell the site.  On December 6, 2022: City Council will hold a public hearing on the purchase and sale of the site.

RECOMMENDATION
Staff recommends that the Planning Commission take the following action:

Find that the sale is in conformance with the City’s General Plan, and that the disposition of the Property would further the General Plan’s goals and policies for housing and the neighborhood development by expanding balanced, sensible housing opportunities, promoting affordable housing, and pursuing development of mixed-use housing with a range of affordability options. 5

CITY COUNCIL MEETING
NOVEMBER 21, 2022

QUESTIONS / COMMENTS

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MIXED-USE SENIOR CITIZEN AFFORDABLE HOUSING

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
by and between

THE CITY OF CUDAHY
and

PRIMA DEVELOPMENT
November _____, 2022
Attachment C Page 615 of 853
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Error! Unknown document property name.

MIXED-USE SENIOR CITIZEN AFFORDABLE HOUSING

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
(CITY OF CUDAHY: SITE 5)

THIS MIXED-USE SENIOR CITIZEN AFFORDABLE HOUSING PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is dated for reference purposes only as of December 1, 2022 and is entered into by and between the CITY OF CUDAHY, a municipal corporation (“Seller” or “City”) and PRIMA DEVELOPMENT, a California nonprofit public benefit corporation ("Buyer” or “Developer”), collectively referred to herein as the Parties. The Seller and Buyer hereby agree as follows:

RECITALS
A. The real property that is the subject of this Agreement is located approximately at 8420 South Atlantic Avenue, 4819 Patata Street, and vacant land at Patata Street, with the following Los Angeles County Assessor Parcel Numbers: 6224-034-900, 6224- 034-901, 6224-034-902, and 6224-034-903, and more specifically described in Exhibit A attached hereto and incorporated herein by this reference (“Property” or “Site”).

B. As part of the 2011-12 State budget bill, the California Legislature enacted, and the Governor signed AB X1 26 ("AB 26") requiring that each redevelopment agency be dissolved. On June 27, 2012 the State Legislature adopted Assembly Bill 1484 ("AB 1484") amending the provisions of AB 26. AB 26 and AB 1484 are collectively referred to herein as the “Redevelopment Dissolution Law.” C. In accordance with the Redevelopment Dissolution Law, the Property was transferred to the City of Cudahy as Successor Agency to the Former Cudahy Community Development Commission, a body corporate and politic (the “Successor Agency”) by the Cudahy Community Development Commission.

D. The Successor Agency has transferred the Property to the City, as authorized by the Los Angeles County Consolidated Oversight Board for the First District (“Oversight Board”) by Resolution No. OB-2020-04, based on the Long Range Property Management Plan (“2015 Cudahy LRPMP”) approved by the Department of Finance (“State DOF”) in 2015, allowing the Sites to be acquired by the City for future development. The City has accepted the transfer of the Property subject to the securing a Compensation Agreement with the applicable taxing entities, as set forth in City Council Resolution No. 20-37.

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E. The State Department of Finance (the “DOF”) determined, by letter dated December 17, 2020 (“DOF Approval Date”), that the disposition of land contemplated in Oversight Board Resolution No. OB-2020-04 requires no action on the part of the DOF given the land transfer’s consistency with the Successor Agency’s approved Long-Range Property Management Plan (“LRPMP”);
F. Buyer and its officers and members have recent and relevant experience developing and managing safe, decent and affordable rental and market-rate housing in California; and
G. The Developer has submitted a written proposal dated December 3, 2020 (the "Developer Proposal") to acquire the Property subject to certain conditions. The Developer Proposal set forth certain general terms on which the Developer proposed to acquire the Property and thereafter, use and improve the Property for mixed-use affordable rental housing reserved for occupancy by low-income eligible senior citizen households and persons and related commercial and/or medical care uses (“Project”).

H. The scope of the project (“Project Scope”) is expected to include: up to approximately one hundred and forty-eight (148) units of affordable rental housing reserved for occupancy by income eligible senior citizens, pursuant to recorded affordability conditions, covenants and restrictions reasonably acceptable to the City and each of the other public agencies identified in Paragraph 4.3.7(a)-(d), as applicable; and mixed-use office space reserved for medical treatment and continuum of care including adult care facility and public social services and/or general office space reserved for occupancy by community non-profit organizations. The Project is also expected to include service and amenity space and on-site parking for senior citizen residents and users of the Project.

I. The Parties are discussing the Project Scope, and as provided herein, expect to enter into a development agreement setting forth a Project Scope once agreed to. No reference herein to any preliminary expectations shall bind either Party. The Parties nonetheless have agreed it is mutually desirable for the Developer to purchase, and for the City to sell, the Property while they reach final agreement on the Project Scope and on attendant requirements.

J. The City as Seller desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Seller, all on the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto agree as follows:

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AGREEMENT

1. DEFINITIONS AND SPECIAL CONDITION.

The usage of defined terms in this Agreement is generally indicated by the BOLD text and/or quotation marks where such defined term may initially appear in the text of this Agreement. In addition to the definitions of terms and phrases which appear in the Recitals or other Paragraphs of this Agreement, the following words shall have the meaning set forth below:

Compensation Agreement shall mean a compensation agreement described in California Health and Safety Code Section 34180(f) by and among the Taxing Entities and Seller for the distribution of the cash and non-cash proceeds of the sale of the Property, net of Property related sale and Escrow closing costs and other Property related management costs and dispositions.

Outside Closing Date shall mean and refer to December 31, 2022.

Taxing Entities shall mean those public agencies who shall be parties to the Compensation Agreement referenced in Health and Safety Code 34171(k) that received pass through payments or property taxes within the jurisdiction of the former Cudahy Community Development Commission, The City is one of the Taxing Entities.

Notwithstanding any other provision of this Agreement to the contrary this Agreement shall take effect as between Buyer and Seller following its approval by the City Council of the City by the adoption of Resolution No. ________ on ___________________, 2022, or as soon thereafter as may be practicable, when it has been fully executed by Buyer and the City as evidenced by the signature of the officers of each of them which appear on the page following Paragraph 36 below (the “Effective Date”).

Notwithstanding any other provision of this Agreement to the contrary, in the event of any inconsistency between one or more provisions of this Agreement as relates to the Purchase Price, Escrow costs, post Escrow closing adjustments for Remedial Work Costs or the distribution of the proceeds of the Purchase Price to the Taxing Entities under the Compensation Agreement, the provisions of the Compensation Agreement shall control.

2. PURCHASE AND SALE AND PURCHASE PRICE.

Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, on the terms and conditions set forth in this Agreement.

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The total purchase price ("Purchase Price") for the Property shall be One Hundred Dollars ($100) payable by Buyer to Seller as provided in this Section 2.

Not later than one day prior to the Outside Closing Date, Buyer shall deposit with Escrow Holder by means of a confirmed wire transfer the Purchase Price plus Buyer’s share of Escrow costs, fees, and prorations, and any other amounts required to be paid by Buyer pursuant to this Agreement.

3. CONDITION OF TITLE TO PROPERTY.

Title Transfer At Close of Escrow. Title to the Property shall be conveyed to Buyer upon the Close of Escrow.

Title Exceptions. Title to the Property shall be conveyed to Buyer by Quit Deed in substantially the form attached hereto as Exhibit “C”, free and clear of all liens except for:

Liens securing real property taxes and assessments (which constitute liens not yet due and payable); Such other exceptions and reservations shown on a Preliminary Title Report ("Preliminary Report") issued by a title insurance company as shall be mutually designated by Seller and Buyer ("Title Company") which are approved by Buyer. (All exceptions to title permitted pursuant to this Paragraph 3.2(b) are referred to in this Agreement as "Permitted Exceptions.").

Review of Title. Seller agrees to furnish Buyer with a copy of the Preliminary Report, together with a copy of all recorded exceptions to title within five (5) days following the Opening of Escrow.

Buyer shall have three (3) Business Days following receipt of the Preliminary Report in which to notify Seller in writing of Buyer's disapproval of any exceptions set forth in the Preliminary Report.

In the event of Buyer's disapproval of the Preliminary Report, Seller, at its sole election (to be exercised by written notice to Buyer), shall have five (5) days to remove or otherwise remedy the disapproved exceptions.

If Seller cannot or chooses not to eliminate or otherwise remedy the disapproved exceptions (other than exceptions which may have been created by Buyer) within the time specified in subsection (c) above, this Agreement shall thereupon terminate and all sums and documents deposited in Escrow shall be returned to the parties who respectively deposited the same, and Buyer and Seller shall each pay one-half (1/2) of the Escrow costs and the parties shall be mutually released from any further obligation arising under this Agreement except as may have arisen under Paragraph 17(c). Failure of Buyer to provide written disapproval of

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the Preliminary Report within the above time period shall be deemed approval.

Title Insurance. Title to the Real Property shall be evidenced by the commitment of the Title Company to issue a standard California Land Title Association policy of title insurance with liability in the amount of the Purchase Price showing title to the Real Property vested in Buyer (or its permitted designee) , subject only to the Permitted Exceptions.

4. CONDITION OF PROPERTY, CONTINGENCIES, CONDITIONS PRECEDENT Condition of Property. Except as provided in this Agreement, the Property shall be conveyed and delivered to Buyer in an "as-is" physical condition. BUYER

SPECIFICALLY ACKNOWLEDGES AND AGREES THAT SELLER IS SELLING AND BUYER IS PURCHASING THE PROPERTY ON AN “AS IS WITH ALL FAULTS” BASIS AND THAT, EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH 6.1 OR OTHERWISE IN THIS AGREEMENT, BUYER IS NOT

RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND

WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER, ITS AGENTS OR BROKER AS TO ANY MATTERS CONCERNING THE PROPERTY.

City represents, to and for the benefit of Developer, to the best of its knowledge, that it is not aware of and it has not received any notice or communication from any governmental agency having jurisdiction over the Property or City notifying it of the presence of Hazardous Materials or Hazardous Materials Contamination (both as hereinafter defined) in, on, or under the Property, or any portion thereof, or the violation of any Environmental Laws (hereinafter defined).

City represents that any inspection reports with respect to the Property, environmental audits, reports and studies which concern the Property, or inspection reports from applicable regulatory authorities with respect to the Property, which City has received, have been delivered to Developer.

Prior to the Effective Date, Developer has independently conducted all necessary and appropriate due diligence and determined that the condition of the Property and all improvements located thereon are suitable for the development and operation of the Project; and all such due diligence and Developer’s investigations of the condition of the Property were conducted independently and not in consultation with City or City’s officers, employees, agents, or consultants.

After the Close of Escrow, and notwithstanding the obligation of Developer to indemnify City pursuant to Section 7.1 herein or any other obligations of City pursuant to this Agreement, until the City’s execution of a Post-Closing Condition Removal as defined below, if either party shall receive notice from any federal, state or local governmental agency or political subdivision or pursuant to any Environmental Laws with respect to the Property, of requirements or necessary

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actions arising from the presence upon, about or beneath the Property of any Hazardous Materials or Hazardous Materials Contamination in violation of Environmental Laws that existed on the Property prior to the Close of Escrow (“Remediation”); then in such event the parties shall promptly meet and determine a course of action. The City in its sole discretion may terminate this Agreement, unless (a) the parties can jointly agree to a plan of action that will permit the City (at its sole cost and expense) to meet its legal obligations to its satisfaction, and (b) Developer in its sole discretion agrees to (i) provide City with all rights of access and control necessary for the City to perform any immediately-required Remediation; (ii) make available to City 100% of the Income for Predevelopment (as defined below) to pay the costs of Remediation; (iii) incorporate, as a condition to the City’s execution of a Post-Closing Condition Removal, to any remaining Remediation not performed by the City into its Remedial Work Plan and (iv) reimburse the City for all net costs of Remediation incurred by the City.

Remediation shall include, but not be limited to, an initial investigation of the environmental condition of the Property, the preparation of any feasibility studies or reports and the performance of any cleanup, remediation, abatement, removal, or restoration work required. Following the City’s execution of a Post-Closing Condition Removal, the City’s obligation under the foregoing paragraph will terminate and Developer shall bear full responsibility for Remediation.

Developer shall take all actions necessary to restore promptly the Property to an environmentally sound condition for uses, ownership, and occupancy contemplated by this Agreement, notwithstanding any lesser standard of remediation allowable under applicable Environmental Laws. Developer’s obligations under this Section shall survive termination of the Agreement. Developer shall at all times be responsible for Remediation the need which resulted from any act or omission of Developer.

Definitions. For the purposes of this Section 4.1 and Section 7.1 hereof, the following terms shall have the meanings herein specified:

As used in this Agreement, the term “Hazardous Material” or “Hazardous Materials” means and include any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “acutely hazardous waste,” “restricted hazardous waste,” or “extremely hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of

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Hazardous Substances), (v) petroleum, (vi) asbestos and/or asbestos containing materials; (vii) lead-based paint or any lead based or lead products; (viii) polychlorinated biphenyls, (ix) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section 6903), (xi) Methyltertiary Butyl Ether; (xii) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); (xiii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any “Environmental Laws” (as defined in Paragraph (c) of this Section 308) either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or . Is as “hazardous” or harmful to the environment; and/or (xiv) lead based paint pursuant to and defined in the Lead-Based Paint Poisoning Prevention Act, Title X of the 1992 Housing and Community Development Act, 42 U.S.C. §4800, et seq., specifically §§4821–4846, and the implementing regulations thereto. Notwithstanding the foregoing, “Hazardous Materials” shall not include such products in quantities as are customarily used in the construction, maintenance, rehabilitation, management, operation and residence of residential developments or associated buildings and grounds, or typically used in residential activities in a manner typical of other comparable residential developments, or substances commonly ingested by a significant population living within the Project, including without limitation alcohol, aspirin, tobacco and saccharine.

The term “Hazardous Materials Contamination” means the
contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air or other elements on, in or of the Property by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time (whether before or after the Effective Date) emanating from the Property.

The term “Environmental Laws” as used in this Agreement means all laws, ordinances and regulations relating to Hazardous Materials, including, without limitation: the Clean Air Act, as amended, 42 U.S.C. Section 74.1, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq.; the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. Section 6901, et seq.; the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (including the Superfund Amendments and Reauthorization Act of 1986), 42 U.S.C. Section 9601, et seq.; the Toxic Substances Control Act, as amended, 15 U.S.C. Section 2601, et seq.; the Occupational Safety and Health Act, as amended, 29 U.S.C. Section 651, et seq., the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. Section 11001, et seq.; the Mine Safety and Health Act of 1977, as amended, 30 U.S.C.

Section 801, et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. Section 300f, et seq.; all comparable state and local laws, laws of other jurisdictions or orders and regulations; and all laws, ordinances, statutes, codes, rules, regulations, orders

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and decrees of the United States, the state, the county, the city, or any other political subdivision in which the Property is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, Developer, or the Property.

The term “Environmental Claim” means (i) any judicial or administrative enforcement actions, proceedings, claims, orders (including consent orders and decrees), directives, notices (including notices of inspection, notices of abatement, notices of noncompliance or violation and notices to comply), requests for information or investigation instituted or threatened by any governmental authority pursuant to any Governmental Requirement; or, (ii) any suits, arbitrations, legal proceedings, actions or claims instituted, made or threatened that relate to any damage, contribution, cost recovery, compensation, loss or injury resulting from the release or threatened release (whether sudden or non-sudden or accidental or nonaccidental) of, or exposure to, any Hazardous Materials, or the violation or alleged violation of any Governmental Requirement, or the general, manufacture, use, storage, transportation, treatment, or disposal of Hazardous Materials.

Buyer’s Contingencies. Buyer's obligation to purchase the Property is subject to the following contingencies described in subparagraphs 4.2.1 through 4.2.3 below ("Contingencies"). Each and all of the following Contingencies are for the sole benefit of Buyer and may be waived by Buyer for any or no reason in Buyer's sole and absolute discretion by written notice to Escrow on or before December 15, 2022 (“Contingency Removal Date”).

Not later than the Contingency Removal Date, Buyer shall deliver to Seller and Escrow Holder written notice of Buyer's approval or disapproval of its due diligence review and the feasibility of this transaction (the “Due Diligence Examination”). Buyer shall be deemed to have disapproved its Due Diligence Examination and not to have removed all of its contingencies to Closing unless Buyer shall provide written notice of its approval of same to Seller and Escrow Holder prior to Contingency Removal Date. During the Due Diligence Examination, and thereafter until Close of Escrow, Buyer may perform due diligence examinations, reviews and inspections of all matters pertaining to the Property, including, the feasibility of the Property for Buyer’s intended purposes, survey and title matters, environmental and governmental compliance matters, matters pertaining to the tenants and Leases, and investigations concerning the physical and financial condition of the Property and local market conditions. All due diligence examinations, reviews and inspections conducted by Buyer shall be at Buyer's sole cost and expense. Seller shall provide Buyer with reasonable access to the Property, the tenants and to Seller's agents and employees involved in the management of the Property upon reasonable notice. Buyer shall, at all times, conduct its due diligence review, inspections and examinations in a manner so as to not cause damage to the Property and so as to not unreasonably interfere with, disturb or otherwise violate the rights of any tenant of the Property. Buyer agrees to indemnify, defend and hold Seller and the Property harmless from and against any and all claims, loss, cost, damage, liability or expense arising from the performance by Buyer, its employees, its contractors, subcontractors,

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brokers, agents and representatives of its due diligence reviews, inspections and examinations hereunder (the foregoing obligations surviving any termination of this Agreement). In no event shall Buyer make any intrusive physical testing (environmental, structural or otherwise) at the Property (such as soil borings or the like) without Seller's prior written consent (which Seller may Quit or withhold in its sole and absolute discretion), and Buyer shall in all events promptly return the Property to its prior condition and repair thereafter.

Buyer’s Review of Title. Buyer's review and approval of the Preliminary Report and all recorded exceptions to title in accordance with Paragraph

3.3 of this Agreement. Upon the Close of Escrow, the Title Company shall be irrevocably committed to issue the Title Policy insuring fee title to the Real Property as being vested in Buyer subject to only the Permitted Exceptions and otherwise in a condition approved by Buyer.

Physical Inspection of Property. Buyer's inspection and examination of the physical condition of the Property. Buyer shall have access to the property upon reasonable notice to Seller at reasonable times and shall have the right to conduct, at Buyer's expense, soil tests, engineering feasibility studies, environmental investigations and such other studies with respect to the physical condition of the Property as Buyer may desire. Buyer shall have until the Contingency Removal Date to conduct such tests and studies, and to give written notice to Seller of any conditions unacceptable to Buyer. Buyer shall hold and save Seller harmless from and against any and all loss, cost, damage, liability, injury or expense, arising out of or directly related to damage to property, injury to or death of persons, or the assertion of lien claims caused by such entry, inspection and implementation of soil tests, environmental investigations and other studies with respect to the physical condition of the Property. If Buyer elects to terminate this Agreement by reason of failure of the Contingency set forth in this subparagraph 4.2.2, Buyer shall promptly upon such election deliver to Seller copies of all written reports, studies and information prepared by third parties for Buyer which pertain to the physical condition of the Property. In the event that Buyer exercises this right of inspection, Buyer shall comply with all applicable laws and obtain all permits which may be required with respect to its investigations and testing. Buyer further agrees to indemnify, defend, and hold harmless Seller and the Property from and against any and all claims, damages, liabilities, and losses arising from such activities of Buyer or its employees or agents, and from and against all mechanics’, materialmens’, and other liens resulting from any such conduct. Buyer shall restore the Property as nearly as possible to its condition existing immediately prior to any such entry by or on behalf of Buyer. Prior to entry upon the Site Buyer shall obtain insurance covering Buyer's indemnity, hold harmless, and defense obligations to Seller pursuant to this paragraph. Prior to entry upon the Property for such inspection Buyer shall furnish to Seller duplicates of appropriate certificates of commercial general liability insurance in the amount of at

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least Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage and Three Million Dollars ($3,000,000) general aggregate limit, naming Seller as an additional insured, insuring Buyer's obligations and responsibilities under this paragraph (4). Buyer shall maintain each such policy in effect until the Close of Escrow.

Other Contingencies. Buyer's determination that zoning and other governmental regulations affecting the use of the Property are satisfactory for Buyer's intended use.

Failure of Contingency. Buyer may terminate this Agreement or disapprove any Contingency, with or without cause, at any time on or prior to the Contingency Removal Date by giving the Seller written notice of such disapproval or termination, in which event all sums and documents deposited in Escrow shall be immediately returned to the parties who respectively deposited the same without further instruction, and Buyer and Seller shall each pay one-half (1/2) of the Escrow costs. If Buyer disapproves any Contingency within the applicable time period provided above, Buyer's sole remedy shall be to terminate this Agreement and Seller shall have no obligation to remedy any Contingency which Buyer disapproves, except as provided in Paragraph 3.3(d). If Buyer fails to give written notice to Seller of its disapproval of any Contingency within the respective applicable time limit set forth above in Paragraph 4.2, it shall conclusively be deemed that Buyer has disapproved such Contingency and terminated the Agreement.

Buyer’s Conditions Precedent to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by Buyer, Buyer’s obligation to purchase the Property from Seller on the Closing Date shall be conditioned upon the satisfaction or waiver (waivers must be in writing and signed by Buyer) of each of the following conditions precedent to such purchase on or before the Closing Date:

No Leases. Seller has represented to Buyer in writing that Seller has no knowledge of any leases or other agreements affecting the Property other than those Seller shall have delivered to Buyer.

Representations. All representations and warranties of Seller in this Agreement shall be true on and as of the applicable Closing as though made at that time. All covenants of Seller with respect to the Property which are required to be performed prior to the Closing shall have been performed by such date.

Seller Conditions Precedent To Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by Seller, Seller’s obligation to sell the Property to Buyer on the Closing Date shall be conditioned upon the satisfaction or waiver (waivers must be in writing and signed by

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Seller) of each of the following conditions precedent to such sale on or before the Closing Date:

Approval of Title Policy. Buyer and Seller shall have approved the Title Policy;
Buyer Escrow Deposits. Buyer has deposited all of the items into Escrow required this Agreement.

Buyer Pre-Closing Obligations. Buyer has performed all of the material obligations required to be performed by Buyer pursuant to this Agreement prior to Close of Escrow.

Compensation Agreement. Seller shall have received approval of the applicable taxing agencies of a compensation agreement described in California Health and Safety Code Section 34180(f).

Failure of Condition Precedent. In the event any Condition Precedent shall not be satisfied and true as of the Close of Escrow, then in such event the Party in whose favor the condition exists, in its sole and absolute discretion may 1) terminate this Agreement and all sums and documents deposited in Escrow shall be immediately returned to the parties who respectively deposited the same without further instruction, and Buyer and Seller shall each pay one-half (1/2) of the Escrow costs, or 2) waive any Condition Precedent and close Escrow on or prior to the Outside Closing Date.

5. CONDITIONS TO BE SATISFIED POST CLOSING.

Seller’s delivery and Buyer’s acceptance of the Deed herein shall be subject to the express condition, expressed in the Deed, that Buyer shall satisfy each of the following post-closing conditions (each, a “Post-Closing Condition”) to the satisfaction of Seller.

Remedial Work Plan. The Parties acknowledge that Buyer’s intended use of the Property will require the preparation of a Remedial Work Plan for the Remedial Work which Buyer shall undertake on the Property promptly following the Closing.

As of the time of approval of this Agreement by Seller, Buyer has informed Seller that Buyer’s estimated cost of performing such Remedial Work on the Property, inclusive of the cost of preparation of the Remedial Work Plan and regulatory agency oversight of the completion of such Remedial Work is approximately $8,992,355.

Buyer shall designate one of the three (3) regulatory agencies to review and approve the Remedial Work Plan: (a) Los Angeles County Fire Department: The Site Mitigation Unit (SMU) of the Health Hazardous Materials Division; or (b) California Regional Water Quality Control Board (Los Angeles Region); or (c) State Department of Toxic Substance Control. Such Remedial Work Plan shall have been approved by such regulatory agency and accepted by Buyer prior to December 31, 2025. If approval has not been received by December 31, 2025, Buyer may request a

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one year extension from the City Manager. Buyer assumes responsibility for the payment of all cost and expense associated with the preparation of the Remedial Work Plan and the performance of the Remedial Work and Seller makes no representation or warranty with respect to the accuracy of the estimated cost of the Remedial Work or to the adequacy of the Remedial Work Plan to accommodate Buyer’s intended us of the Property.

Development Agreement. Prior to July 1, 2024, Buyer and Seller shall have entered into a Development Agreement satisfactory to each of them in their sole and absolute discretion. Such Development Agreement will be in the form and address the matters customary for disposition and development agreements between California governmental entities and developers of mixed-use affordable housing projects, including specifying (a) the improvements to be made on the property and the use restrictions to be placed thereon, including any occupancy restrictions relating to income, age, disability, homelessness, or other relevant and appropriate characteristics; (b) scope of development; (c) schedule of performance and (d) consequences for the failure to perform the requirements of the Development Agreement.

Approval of Land-Use Entitlements. Prior to July 1, 2024, Buyer shall have obtained all such City and agency approvals, including without limitation approvals or waivers with respect to zoning and subdivision, as may be required for implementation of the Development Agreement, including with respect to any adjoining property that is incorporated into the development plan for the Property.

Quitclaim Deed. Within five (5) Business Days after the Effective Date, Buyer shall sign and acknowledge a Quitclaim Deed in the form attached hereto as Exhibit D (the “Quitclaim Deed”), with all blanks accurately completed, and shall deposit the original, signed and acknowledged Quitclaim Deed into the Escrow Upon Buyer’s failure to meet any Post-Closing Condition by the date specified for the accomplishment of such condition, or as may be provided in the Development Agreement for any default of Buyer thereunder, Seller may in its discretion direct Escrow Holder in writing to record such Quitclaim Deed. Upon Buyer’s satisfaction of all Post-Closing Conditions, Buyer may request that the Quitclaim Deed be destroyed and evidence thereof provided to Buyer, and Seller shall within five (5) days of request confirm the satisfaction and join in such written instruction (the “Post-Closing Condition Removal”) unless it contests Buyer’s entitlement thereto.

Escrow Holder shall have no duty to honor such instruction unless and until jointly given.

Use of Property Prior to Project Approval and Construction. Developer shall not commence construction on, or otherwise materially disturb the Property except following satisfaction of the Post-Closing Conditions and in accordance with the Development Agreement following its execution. Notwithstanding the foregoing, Developer may rent, lease or otherwise allow use of the Property, provided that: (i) any pre-development use of the Property does not limit or predetermine in any fashion, or have the potential to do so, as determined in the City’s sole discretion,

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with the timely development of a mixed-use affordable housing project on the Property; (ii) Developer shall obtain the City’s written consent, which consent the City may not unreasonably withhold, prior to contracting or otherwise allowing use of the Property in any manner prior to commencing construction; and (iii) preconstruction lease or use of the Property shall be subject to a written agreement in a form approved by the City, which agreement shall be subject to termination on ninety (90) days’ notice from the City following recordation of the Quitclaim Deed. Any pre-development use shall be subject to all regulatory and permitting requirements.

Nothing in this Agreement grants any rights as to particular pre-development use.

Use of Interim Income. Developer shall utilize at least [50%] of the rental or other pre-construction income derived from the Property (the “Income for Predevelopment”) for predevelopment expenses of the Project, and may retain the remainder for its internal and third-party costs of ownership including securing and maintaining the Property. All Income for Predevelopment expended by Developer for predevelopment expenses of the Project shall be deemed to have been (a) paid to the City in consideration of its activities and support provided hereunder and (b) reloaned back to Developer as a predevelopment loan, which loan may in the Parties’ discretion be more specifically documented in separate predevelopment loan instruments. At such time as is provided in the Development Agreement, in connection with the closing of construction financing for the Project, such predevelopment loan will be converted to a permanent loan repayable from Project cash flow in proportion to other public subordinate debt. In the event the City causes the Quitclaim Deed to be recorded, such predevelopment loan will be forgiven.

6. REPRESENTATIONS AND WARRANTIES
Seller’s Warranties. Seller makes the representations and warranties in this Paragraph 6, each and all of which shall survive any and all inquiries and investigations made by Buyer and shall survive the Close of Escrow and recordation of the Quit Deed.

Seller is a municipal corporation.

Upon the approval of this Agreement by the City and the separate approval of the Compensation Agreement applicable to the Property by the Taxing Entities , neither the entering into this Agreement nor the performance of any of Seller's obligations under this Agreement will violate the terms of any contract, agreement or instrument to which Seller is a party.

Seller has not actually received any formal written notice that any of the easements, covenants, conditions, restrictions or agreements to which the Property is subject interferes with or is breached by the use or operation of the Property as presently used and operated as a vacant parcel.

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Seller has not been served (by means of formal, legal service of process as required by law) (and has no knowledge of) with any litigation, and no arbitration proceedings have been commenced, which do or will affect any aspect of the Property or Seller's ability to perform its obligations under this Agreement.

There are no leases, service contracts, or other agreements affecting the Property and represents and no written commitments to, or written agreements with, any governmental or quasi-governmental authority or agency materially affecting the Property .

Seller hereby agrees, through and including the Close of Escrow and at the Seller's sole cost and expense, to operate the Property in the same manner as Seller has been operating the Property in the past.

After the execution of this Agreement, and except for acknowledgement as the owner of the Property that Buyer is authorized to apply for approval of the Remedial Work Plan to the applicable regulatory agency, while this Agreement is in force and effect, Seller will not enter into any contract that will be an obligation affecting the Property subsequent to the Close of Escrow, except contracts entered into in the ordinary course of business that are terminable without cause and without the payment of any termination penalty on not more than thirty (30) days prior notice, without obtaining Buyer’s written consent, which shall not be unreasonably conditioned, delayed or withheld.

No Alterations. Seller will not intentionally alter the physical condition of the Property from and after the date of this Agreement, reasonable wear and tear excepted. If, through no fault of Seller, the physical condition of the Property is different on the date scheduled for the Close of Escrow than as of the date of this Agreement, then, except as provided in Paragraph 13 of this Agreement, in such event Buyer may terminate this Agreement. If Buyer elects to terminate this Agreement by written notice to Seller and Escrow Holder given within twenty (20) business days of discovery of the altered condition, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate this Agreement and all sums and documents deposited in Escrow shall be immediately returned without further instruction to the parties who deposited the same and Seller and Buyer shall each pay one-half (1/2) of Escrow costs. If Buyer fails to notify Seller and Escrow Holder of its election to terminate this Agreement within said twenty (20) business days’ time period provided above, Buyer shall be deemed to have accepted the modified condition of the Property and elected to purchase the Property.

Changed Conditions. If, prior to the Close of Escrow, new events have occurred which were beyond the control of Seller and which render any

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previously true representation or warranty untrue, Seller shall, within five (5) business days of obtaining knowledge of such new event, disclose that matter by written notice to Buyer. Buyer shall have ten (10) days after the earlier of (i) such disclosure; or (ii) Buyer's independent discovery that such representation or warranty has become untrue, to elect, in its sole and absolute discretion, and as its sole remedy, by written notice to Seller within said ten (10) day period, whether (i) to purchase the Property or (ii) terminate this Agreement by written notice to Seller and Escrow and Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate this Agreement and all sums and documents deposited in Escrow shall be immediately returned to the parties who deposited the same without further instruction and Seller and Buyer shall each pay one-half (1/2) of Escrow costs. If Buyer fails to notify Seller and Escrow Holder of its election to terminate this Agreement within said ten (10) days’ time period provided above, Buyer shall be deemed to have not accepted the modified representations and warranties and elected not to purchase the Property and this Agreement shall automatically terminate.

Other than those express representations and warranties contained in this Agreement, Seller makes no warranty or representation, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Except to the extent Seller has made a specific representation and warranty with respect thereto, no document or information provided by Seller to Buyer shall constitute a representation as to the completeness or accuracy of such documents or information.

Representations And Warranties By Buyer. Buyer makes the following representations and warranties in this Paragraph 6.2, each and all of which shall survive any and all inquiries and investigations made by Seller and shall survive the Close of Escrow and recordation of the Quit Deed.

Each and all of the information and any financial statement delivered by Buyer to Seller are true and correct.

Buyer has the power and authority to enter into this Agreement and to consummate the transactions contemplated hereby. The Buyer, and the specific, individual parties signing this Agreement on behalf of Buyer represent and warrant that the parties signing this Agreement on behalf of the Buyer have the full legal power, authority and right to execute and deliver this Agreement.

Buyer has or will make its own investigation concerning the physical condition of the Property, condition of title or any other matter pertaining to the Property, and, other than the specific representations and warranties made by Seller pursuant to this Agreement, Buyer is not relying on any

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representations, warranties or inducements of Seller or Seller's broker with respect to the physical condition of the Property, condition of title to the Property, or any other matter pertaining to the Property. Accordingly, except for those specific representations and warranties of Seller set forth in this Agreement, Buyer is purchasing the Property and each and every aspect thereof in an "as-is" condition, and Seller makes no express or implied representation concerning (i) the status of title to the Property; (ii) any leases; (iii) the current or future real estate tax liability, assessment or valuation of the Property; (iv) the compliance of the Property in its current or future state with applicable laws or any violations thereof, including without limitation, those relating to access for the handicapped, environmental or zoning matters, or the ability to obtain a change in the zoning of the Property; (v) the nature and extent of any right-of-way, lease, lien, encumbrance, license or reservation; (vi) the availability of any financing for the purchase, alteration or operation of the Property from any source, including, without limitation, any governmental authority or lender; (vii) the current or future use of the Property; (viii) the viability or financial condition of any tenant; and (ix) the actual or projected income or operation expenses of the Property.

Brokers. If either Buyer or Seller has engaged or dealt with any broker or finder in connection with the sale contemplated by this Agreement; (a) Buyer shall pay, and shall hold Seller harmless from and against, any commission or finder's fee payable to any party who represents or claims to represent Buyer; and (b) Seller shall pay, and shall hold Buyer harmless from and against, any commission or finder's fee payable to any party who represents or claims to represent Seller.

7. INDEMNIFICATION.

Seller Indemnity. Subject to any other provisions of this Agreement to the contrary, Seller as “Indemnitor” shall indemnify and hold harmless Buyer as “Indemnitee” harmless from and against any claim, loss, damage or expense, including any reasonable attorneys' fees (including attorneys' fees on appeal), asserted against or suffered by the Indemnitee resulting from: (a) Any breach by the Indemnitor of this Agreement; (b) Any liability of the Indemnitor with respect to the Property under any lease, service contract or other agreement; or (c) The inaccuracy or breach of any of the representations, warranties or covenants made by the Indemnitor.

Buyer Indemnity. Subject to the limitation of Paragraph l 7(b) as to Buyer, and any other provisions of this Agreement to the contrary, Buyer as Indemnitor shall indemnify, defend and hold harmless the City, and the elected and appointed officials, officers, agents and employees of the City, the City as Successor Agency to the former Cudahy Community Development Commission (the "Successor Agency"), and the elected and appointed officials, officers, agents and employees of the Successor Agency, the County Oversight Board (individually or collectively, an

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"Indemnified Party") against any and all losses arising out of any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, arising through activities of the Buyer with respect to The Site, or Buyer's contractors or employees which may also be brought or asserted against any Indemnified Party that relates to or arises out of: (i) property damage or bodily injury or death of any person in connection with this Agreement; (ii) entry upon The Site by Buyer, its contractors or employees; (iii) any other inspection of The Site by Buyer, its contractors or employees; or (iv) the preparation of any report or plan commissioned by Buyer; (v) any judicial challenge by a third party of the validity of this Agreement; and (vi) any claim or demand or cause of action which asserts an Indemnified Party is responsible for loss or injury or is liable to pay any cost or expense under (i) - (iv), inclusive, provided, however, that no Indemnified Party shall be entitled to indemnification under this Section 7 arising from a matter caused by such Indemnified Party's gross negligence or willful misconduct or for any matter under (i) - (iv), inclusive, arising from the discovery by Buyer of any pre-existing condition upon The Site. In the event any action or proceeding is brought against an Indemnified Party by reason of a claim arising out of any loss for which Buyer is obligated to indemnify, defend or hold harmless the Indemnified Party, and upon written notice from such Indemnified Party, Buyer shall, at Buyer's sole expense, answer and otherwise defend such action or proceeding. The provisions of this Section 7 shall survive the expiration or termination of this Agreement.

BUYER ENVIRONMENTAL INDEMNITY. DEVELOPER

SHALL SAVE, PROTECT, PAY FOR, DEFEND (WITH COUNSEL

ACCEPTABLE TO CITY), INDEMNIFY AND HOLD HARMLESS THE CITY,

AND THE ELECTED AND APPOINTED OFFICIALS, OFFICERS, AGENTS

AND EMPLOYEES OF THE CITY, THE CITY AS SUCCESSOR AGENCY TO

THE FORMER CUDAHY COMMUNITY DEVELOPMENT COMMISSION (THE "SUCCESSOR AGENCY"), AND THE ELECTED AND APPOINTED

OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES OF THE SUCCESSOR

AGENCY, THE COUNTY OVERSIGHT BOARD (INDIVIDUALLY OR
COLLECTIVELY, THE "INDEMNITEES") FROM AND AGAINST ANY AND

ALL LIABILITIES, SUITS, ACTIONS, CLAIMS, DEMANDS, PENALTIES,

DAMAGES (INCLUDING, WITHOUT LIMITATION, PENALTIES, FINES AND

MONETARY SANCTIONS), LOSSES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, CONSULTANTS’ FEES, INVESTIGATION AND LABORATORY FEES, ATTORNEYS’ FEES AND REMEDIAL AND RESPONSE COSTS) (FOR PURPOSES OF THIS SECTION, ET SEQ., THE FOREGOING SHALL BE COLLECTIVELY REFERRED TO AS “LIABILITIES”) WHICH

MAY NOW OR IN THE FUTURE BE INCURRED OR SUFFERED BY THE

INDEMNITEES BY REASON OF, RESULTING FROM, IN CONNECTION

WITH, OR ARISING IN ANY MANNER WHATSOEVER AS A DIRECT OR

INDIRECT RESULT OF (I) THE OWNERSHIP OF THE PROPERTY OR

OPERATION OF ALL OR ANY PART OF THE PROPERTY, (II) ANY ACT OR

OMISSION ON THE PART OF CITY, OR ITS AGENTS, EMPLOYEES,

REPRESENTATIVES, TENANTS, CONTRACTORS, OCCUPANTS, OR

INVITEES, (III) THE PRESENCE ON, UNDER, OR ABOUT, OR THE ESCAPE,

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SEEPAGE, LEAKAGE, SPILLAGE, DISCHARGE, EMISSION OR RELEASE

FROM THE PROPERTY OF ANY HAZARDOUS MATERIALS OR

HAZARDOUS MATERIALS CONTAMINATION IN VIOLATION OF

ENVIRONMENTAL LAWS, (IV) THE ENVIRONMENTAL CONDITION OF

THE PROPERTY, AND (V) ANY LIABILITIES INCURRED UNDER ANY ENVIRONMENTAL LAWS RELATING TO HAZARDOUS MATERIALS.

DEVELOPER’S OBLIGATIONS HEREUNDER SHALL SURVIVE THIS

AGREEMENT, AND SHALL BE A COVENANT RUNNING WITH THE LAND

IN PERPETUITY, BINDING ON ALL SUCCESSORS AND ASSIGNS OF DEVELOPER’S INTEREST IN EITHER THIS AGREEMENT OR ANY PART OF THE PROPERTY. DEVELOPER MAY ASSIGN ITS OBLIGATIONS

HEREUNDER TO AN APPROVED OR PERMITTED SUCCESSOR OR
ASSIGNEE OF DEVELOPER’S INTEREST IN THIS AGREEMENT OR THE PROPERTY AND DEVELOPER’S OBLIGATIONS HEREUNDER SHALL

AUTOMATICALLY TRANSFER TO A TRANSFEREE THAT ACQUIRES TITLE

TO THE PROPERTY AS A RESULT OF AN INVOLUNTARY TRANSFER, FOR

THOSE EVENTS OR CONDITIONS RELATED TO THE REQUIREMENTS IN THIS SECTION THAT MAY OCCUR SUBSEQUENT TO DEVELOPER’S

CONVEYANCE TO SUCH SUCCESSOR OR ASSIGN, PROVIDED THAT

DEVELOPER SHALL REMAIN LIABLE FOR ALL OF ITS OBLIGATIONS

HEREUNDER TO THE EXTENT RELATED TO EVENTS OCCURRING PRIOR TO SUCH ASSIGNMENT. NOTWITHSTANDING THE FOREGOING,

DEVELOPER SHALL NOT HAVE ANY OBLIGATION TO INDEMNIFY,

DEFEND OR HOLD HARMLESS THE INDEMNITEES TO THE EXTENT THE

LIABILITIES HAVE ARISEN AS A RESULT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE INDEMNITEES. AT THE

REQUEST OF DEVELOPER, CITY SHALL COOPERATE WITH AND ASSIST

DEVELOPER IN ITS DEFENSE OF ANY SUCH CLAIM, ACTION, SUIT,

PROCEEDING, LOSS, COST, DAMAGE, LIABILITY, DEFICIENCY, FINE, PENALTY, PUNITIVE DAMAGE, OR EXPENSE; PROVIDED THAT CITY

SHALL NOT BE OBLIGATED TO INCUR ANY EXPENSE IN CONNECTION WITH SUCH COOPERATION OR ASSISTANCE.

Release of City by Developer. Developer hereby waives, releases and discharges forever City and its employees, officers, agents and representatives, from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, present and future, arising out of or in any way connected with City’s ownership, improvement and/or disposition of the Property, any Hazardous Materials on the Property, or the existence of Hazardous Materials Contamination in any state on the Property, however and whenever they came to be located there.

Civil Code 1542 Release. Developer acknowledges that it is aware of and familiar with the provisions of Section 1542 of the California Civil Code that provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected

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his or her settlement with the debtor or released party. As such relates to this Section, Developer hereby waives and relinquishes all rights and benefits that it may have under Section 1542 of the California Civil Code.

Developer Initials: ______
Notwithstanding the foregoing, the releases provided under this Section shall not be effective to the extent the presence or release of Hazardous Materials on the Property occurs as a result of the gross negligence or willful misconduct of any of the Indemnitees.

Upon the execution of this Agreement and after the Close of Escrow, Developer shall take such actions as may be necessary or prudent to prevent the release of any Hazardous Materials into the environment in, on, under, or about the Property in violation of Environmental Laws. Such precautions shall include reasonable means to prevent or discourage dumping or other releases of Hazardous Materials on the Property in violation of Environmental Laws by third parties and trespassers, including without limitation the erection of a fence surrounding the Property, if warranted.

Claim Notification. Indemnitee/Indemnified Party shall submit any claim for indemnification under this Agreement to the Indemnitor in writing within a reasonable time after Indemnitee/Indemnified Party determines that an event has occurred which has given rise to a right of indemnification under this Paragraph 7 and shall give Indemnitor a reasonable opportunity to investigate and cure any default of Indemnitor under this Agreement and eliminate or remove any claim by a third party.

Notwithstanding the foregoing, if the nature of Indemnitor's default or the third-party claim is such that it would be impractical or unreasonable to give Indemnitor an opportunity to investigate and cure such default and remove such claim, Indemnitee need not give Indemnitor such opportunity.

Choice of Counsel. If such claim for indemnification relates to a claim or demand presented in writing by a third party against Indemnitee/Indemnified Party, Indemnitor shall have the right to employ counsel reasonably acceptable to Indemnitee to defend any such claim or demand, and Indemnitee/Indemnified Party shall make available to Indemnitor, or its representatives, all non-confidential or nonprivileged records and other materials in its possession or under its control reasonably required by Indemnitor for its use in contesting such liability. If Indemnitor does not elect to defend any such claim or demand, Indemnitee/Indemnified Party may do so at its option, but shall not have any obligation to do so.

8. ASSUMPTION OF LIABILITIES.

Buyer does not assume and shall not be liable for any of the obligations or liabilities of Seller of any kind or nature affecting or otherwise relating to Seller or the Property, including under any leases, service contracts or otherwise.

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Seller shall, prior to the Close of Escrow, timely perform and discharge all obligations and liabilities of every kind whatsoever to be discharged prior to the Close of Escrow and arising from or relating to (i) the Property, including, but not limited to, the use and ownership of the Property; (ii) the operation of the Property; and (iii) under any leases, service contracts or otherwise.

9. ESCROW AND CLOSING.

Opening Of Escrow. As soon as possible after the full execution of this Agreement Buyer and Seller shall open an escrow (the "Opening of Escrow") for the purpose of consummating the purchase and sale contemplated by this Agreement ("Escrow") by depositing an executed copy of this Agreement with the escrow agent designated by Buyer and Seller (“Escrow Holder”) . This Agreement shall constitute escrow instructions to Escrow Holder. Seller and Buyer shall, promptly upon request by Escrow Holder, execute such additional escrow instructions as may be reasonably required by Escrow Holder, including Escrow Holder's standard printed conditions and stipulations with respect to escrows concerning the purchase and sale of real property; provided, however, that if there is any conflict between the provisions of this Agreement and the provisions of any such additional instructions, the provisions of this Agreement shall prevail. Upon delivery to Escrow of a fully executed copy of this Agreement by both parties, Escrow shall be deemed opened on the terms and conditions set forth in this Agreement.

Close Of Escrow. Subject to the provisions of Paragraph __, Escrow shall close, and the Quit Deed shall be recorded in the Office of the County Recorder of Los Angeles County, California ("Close of Escrow") after the Contingency Removal Date but not later than December 31, 2022 when all Conditions Precedent have been satisfied or waived. The failure of any condition precedent or performance of due diligence by Buyer or the failure of one or more of the Taxing Entities to approve the Compensation Agreement shall not extend the Close of Escrow.

Seller Deliveries To Escrow. Within the time set forth below, or if none is specified, three (3) business days prior to the Close of Escrow, Seller shall deliver to Escrow Holder, or if so indicated, to Buyer, the following documents and items:

At least one (1) business day prior to the Close of Escrow, the duly executed and acknowledged Quit Deed.

A certificate (the “Certificate”) confirming that Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code; A completed California FTB Form 597;
At least one business (1) day prior to Close of Escrow, Seller shall deliver such certifications, declarations or other documents as may be required under Internal Revenue Code Sec. 1445 and California Revenue and Tax

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Code Sec. 18662, together with any and all other documents required by law pertaining to foreign or out-of-state sellers.

Buyer’s Deliveries To Escrow. Buyer shall deposit with Escrow Holder by means of a confirmed wire transfer the Purchase Price together with Buyer's share of expenses and prorations as described in and required by the provisions of this Agreement.

Executed Quitclaim Deed
Such other documents and instruments as may be required by any of the entities referenced in Paragraph 4.3.7 and 4.3.8 and Paragraph 15 in the case of the City.

Completion Of Escrow. On the Close of Escrow, the Escrow Holder shall record the Quit Deed and shall deliver instruments to which Buyer, Seller and such other entities who have delivered instruments through the Escrow may then require, pursuant to this Agreement, only when the Title Company is in a position to issue its CLTA policy of title insurance subject only (i) to the Permitted Exceptions; and (ii) Title Company's standard pre-printed exclusions, with liability in the amount of the purchase price, showing title to the Property vested in Buyer (or as designated by Buyer) ("Title Policy").

Upon Close of Escrow, possession of the Property shall be delivered to Buyer subject to the Permitted Exceptions along with the Title Policy and Quit Deed after recordation.

The Escrow Holder shall retain all proceeds of the Purchase Price in Escrow following Close of Escrow to be distributed to Seller.

Costs Of Escrow. Upon Close of Escrow, Escrow and title charges shall be paid in the manner provided below.

Seller shall pay: (a) The cost of the CLTA standard coverage portion of the Title Policy. (b)The cost of any and all documentary transfer tax or stamps or other sales tax. (c) One-half (1/2) of the Escrow fees.

Buyer shall pay: (a) All recording fees. (b) One-half (1/2) of the Escrow fees. (c)The cost of the Title Policy in excess of standard ALTA coverage.

Escrow Holder is authorized and instructed to debit Seller and Buyer for closing costs as set forth in Paragraphs 11.6.1 and 11.6.2 above and as otherwise provided in this Agreement.

If Escrow fails to close as a result of the default of this Agreement by a party, the defaulting party shall pay all title and escrow charges; provided, however, that nothing in this Paragraph 11 shall be deemed to limit, and

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the provisions of this Paragraph 11 shall be in addition to, all other rights and remedies of the non-defaulting party.

10. PRORATIONS.

Prorations, if any, shall be made as of the Close of Escrow. All prorations shall be made on the basis of a thirty (30) day month and shall be paid in cash to Seller if it is entitled thereto, or shall be credited against the cash portion of the Purchase Price if Buyer is entitled thereto. Such prorations shall be made by Escrow Holder on the basis of a statement(s) approved by Buyer and Seller and deposited into the Escrow prior to the Close of Escrow. The date used for prorations is hereinafter referred to as the "Proration Date." All real estate taxes, assessments and all personal property taxes due and owing as of the Proration Date, and all penalties and interest thereon, shall be paid by Seller. Current real estate taxes, special assessments and personal property taxes which are not yet due and owing shall be prorated based upon the most recent tax bill, so that the portion of current taxes allocable to the period from the beginning of such tax year through the Proration Date shall be charged to and paid by Seller and the portion of the current taxes allocable to the portion of such tax year from the Proration Date to the end of such tax year shall be charged to and paid by Buyer. Proration of taxes and assessments shall be final as of the Proration Date, regardless of the amount of taxes or assessments that actually are, or subsequently become, due. Expenses of operating the Property (other than insurance premiums, taxes and utility charges) which were prepaid by Seller for a period beyond the Proration Date shall be credited to Seller. Rental amounts due as of the Close of Escrow shall be credited to Seller. Rents and tenant contributions to operating expenses collected after the Close of Escrow shall be applied first toward current rents and expenses, and then to Seller outside of Escrow for any amounts of rent or expenses due by tenant(s) for any period prior to Close of Escrow. If applicable, Seller shall bear all costs accruing prior to Close of Escrow for leasing commissions, tenant improvement allowances and construction obligations of the landlord and free rent periods accruing prior to the Close of Escrow.

Buyer shall be responsible for obtaining and paying for utility services from and after Close of Escrow.

11. DAMAGE OR DESTRUCTION PRIOR TO CLOSE OF ESCROW.

If the Property, or any portion thereof, is damaged or destroyed prior to the Close of Escrow from any cause whatsoever, whether an insured risk or not, including but not limited to, fire, flood, accident or other casualty which, according to the Buyer's and Seller's best estimate, would cost more than Twenty-Five Thousand Dollars ($25,000) to repair, Buyer shall have the option, upon written notice to Seller, to either (i) terminate this Agreement, or (ii) purchase the Property. If Buyer elects to terminate

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this Agreement, Escrow shall immediately terminate upon Seller's receipt of Buyer's notice of election to terminate and Escrow Holder shall thereupon promptly return all documents, items and monies in its possession to the party who shall have deposited same with Escrow Holder without further instruction. In the event of such termination, each party shall pay one-half (1/2) of the Escrow fees. If Buyer elects to purchase the Property, Buyer shall be entitled to, and Seller shall assign to Buyer, all insurance proceeds covering such damage or destruction and, in addition, Seller shall pay Buyer the amount of any deductible (which can be paid by Seller by means of a credit against the Purchase Price). In the event that Buyer's and Seller's best estimate of the cost of repair is Twenty-Five Thousand Dollars ($25,000) or less, Buyer shall purchase the Property and be entitled to, and Seller shall assign to Buyer, all insurance proceeds covering such damage or destruction. In addition, the difference between the amount of insurance proceeds available and the cost of repair shall be deducted from the cash portion of the Purchase Price. Should any damage or destruction occur prior to the Close of Escrow, the date scheduled for the Close of Escrow shall be extended for a period of time not to exceed thirty (30) days, for the purpose of allowing Buyer and Seller sufficient time to estimate the cost of repair. If Buyer fails to notify Seller of its election under this Paragraph 13, Buyer shall be deemed to have elected not to purchase the Property and this Agreement shall automatically terminate.

12. ESCROW INSTRUCTIONS
The Escrow Holder is authorized to: Pay and charge Developer and Agency for any fees, charges and costs payable under Sections 11.6 of this Agreement. Before such payments are made, the Escrow Holder shall notify Seller and Buyer of such fees, charges and costs. Seller and Buyer will close escrow in accordance with Paragraph 11 unless a sooner or later date or termination of this Agreement is mutually agreed upon by each of the Parties to this Agreement; provided however, that Escrow Holder shall have no authority to Close the Escrow after December 31, 2022.

Disburse funds and deliver the deeds, and other documents to the Parties entitled thereto in accordance with one (1) or more supplemental written Escrow Closing instructions from each of such parties received by Escrow Holder not later than the day preceding the Closing, when the applicable conditions for the Close of Escrow have been fulfilled by Seller and Buyer. The Purchase Price shall not be disbursed by the Escrow Holder except as directed in writing by Seller and Buyer unless and until it has recorded the Quit Deed and has delivered to the appropriate party a title insurance policy insuring title, acceptable to Buyer.

Record any instrument delivered through the Escrow, if necessary or proper to vest title in Buyer, in accordance with the terms and provisions of this Agreement.

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Cause to be prepared on behalf of Seller and delivered to Buyer such disclosure documents and reports concerning flood hazards, earthquake, fire and wildlands as may be required by California Government Code Sections 8589.3, 8589.4 and 51183.5 and California Public Resources Code Sections 2621.9, 2694 and 4136.

All funds received into Escrow pending application to pay Escrow Costs or pending distribution by Escrow Holder to the Taxing Entities, shall be deposited in an interest bearing account by the Escrow Holder with other escrow funds of the Escrow Holder in a general escrow account or accounts with a national bank doing business in the State of California. Such funds may be transferred to any other such general escrow account or accounts. All disbursements shall be made on the basis of a 30-day month.

The Escrow Holder shall not be obligated to return any such money, papers or documents except upon the written instructions of both Buyer and Seller, or until the party entitled thereto has been determined by a final decision of a court of competent jurisdiction.

Any amendment of these Escrow instructions shall be in writing and signed by both Agency and Developer. At the time of any amendment, the Escrow Holder shall agree to carry out its duties as Escrow Holder under such amendment.

All communication from the Escrow Holder to the Buyer or Seller shall be directed to the addressees in the manner established in Paragraph 18 of this Agreement. Nothing in this Paragraph 14 shall be construed to impair or affect the rights or obligations of the Buyer or Seller as to specific performance.

13. SURVIVAL OF CLOSE OF ESCROW.

All representations, warranties, covenants, conditions, indemnifications, agreements and obligations contained in or relating to this Agreement shall survive the Close of Escrow and the recordation of the Quit Deed and shall not merge therein unless specifically stated otherwise in this Agreement.

14. DEFAULT
Subject to any extensions of time provided for in this Agreement following the Effective Date, failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a breach or default under this Agreement; provided, however, that if a Party otherwise in default commences to cure, correct or remedy such breach or default, within thirty (30) calendar days after receipt of written notice from the injured party specifying such default, and shall diligently and continuously prosecute such cure, correction or remedy to completion (and where any

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time limits for the completion of such cure, correction or remedy are specifically set forth in this Agreement, then within said time limits), such party shall not be deemed to be in default under this Agreement and no default shall be deemed to have occurred. The injured party shall give written notice of default to the party in default, specifying the default complained of by the non-defaulting party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. Any failure or delay by any party in asserting any of their rights and/or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by any party in asserting any of its right and/or remedies shall not deprive that party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies.

Except as provided in Paragraph 14.3, if the transaction herein provided shall not close by reason of Seller's default, then Buyer may require any deposit placed with Escrow Holder by Buyer be returned to Buyer, and pursue any other remedy at law or in equity, including specific performance.

Notwithstanding Paragraph 14.2 above, in the event of default by Seller under this Agreement prior to the close of escrow which default Seller does not cure within thirty (30) days after receipt from Buyer of written notice of such default, the Buyer may (i) terminate this agreement, in which event the parties shall cancel the Escrow and Buyer shall be relieved of any obligation under this Agreement to purchase or accept title to the Property and any Escrow cancellation charges shall be paid by Seller, or (ii) pursue specific performance of this Agreement as may be available under applicable law. If Buyer choses to terminate the Agreement and cancel the Escrow, the Buyer’s recovery of damages against Seller shall be limited to recovering any amounts actually expended by the Buyer in reasonable reliance on this Agreement not to exceed the amount of TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00). The Buyer acknowledges the protections of Civil Code Section 1542 relative to the waivers and releases contained in this Paragraph 17(c) which Civil Code Section reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
By initialing below Buyer waives the provisions of Section 1542 in connection with the waivers and releases in this Paragraph 14.3.
__________________ Buyer’s initials
If Buyer defaults under this Agreement following the Effective Date and fails to Close Escrow for the purchase of the Property through no fault of SELLER, then in addition to any other remedy of Seller allowed by law or equity, Buyer shall pay all costs of Escrow.

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In no event shall the defaulting party be liable for payment to the other party of lost profits or consequential damages as a result of the other party’s default of this Agreement.

No member, official, employee or agent of Seller shall be personally liable to Buyer, or any successor in interest of Buyer following the Effective Date, in the event of any default or breach by Seller under this Agreement or for any amount that may become due to Buyer or to its successor, or on any obligations of Seller arising under the terms of this Agreement, except as a result of the gross negligence or willful acts of such member, official, employee or agent. No member, officer, employee or agent of Buyer shall be personally liable to Seller following the Effective Date, or any successor in interest of Seller, in the event of any default or breach by Buyer under this Agreement or for any amount that may become due to Seller or to its successor, or on any obligations of Buyer arising under the terms of this Agreement, except as a result of the gross negligence or willful acts of such member, offer, employee or agent.

Notwithstanding any other provision of this Agreement, the failure of the taxing entities to approve the Compensation Agreement shall not be a Default under this Agreement and the City shall have no liability to Buyer as a result of this transaction failing to close escrow as a result.

15. NOTICES.

All notices to be given pursuant to this Agreement shall be either (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) overnight courier (such as Federal Express, DHL, etc.); or (iv) by telecopy transmittal. If sent via certified or registered mail, receipt shall be deemed effective forty-eight (48) hours after being deposited in the United States mail. If sent via telecopy transmission, a confirming copy shall be sent to the sender, and receipt of the telecopy transmittal shall be deemed made twenty-four (24) hours after the sending thereof. If sent via overnight courier, receipt shall be deemed effective twenty-four (24) hours after the sending thereof. All notices to be given pursuant to this Agreement shall be given to the parties at the following respective address. to Buyer:

Prima Development
C/O Fernando Vasquez
12401 Woodruff Avenue, Suite 10
Downey, CA 90241
Email: [email protected]
With a copy to:

Klein Hornig LLP

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c/o Chris Hornig
1325 G St. NW Suite 770
Washington, DC 20005
to Seller:

City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Email: [email protected]
With a copy to:

Best Best & Krieger, LLP
18101 Von Karman Ave, Suite 1000
Irvine, CA 92614
Attention: Elizabeth Wagner Hull, Esq.
(T) (949) 263-2600
to Escrow Holder:

16. ENTIRE AGREEMENT.

This Agreement, and the Exhibits attached hereto, represent the entire Agreement between the parties in connection with the transactions contemplated hereby and the subject matter hereof and this Agreement supersedes and replaces any and all prior and contemporaneous agreements, understandings and communications between the parties, whether oral or written, with regard to the subject matter hereof. There are no oral or written agreements, representations or inducements of any kind existing between the parties relating to this transaction which are not expressly set forth herein. This Agreement may not be modified except by a written agreement signed by both Buyer and Seller. Without limiting the foregoing, Buyer and Seller expressly acknowledge and agree that they have not relied on any written or oral statements made by the other party's real estate broker in entering into this Agreement.

17. BINDING EFFECT.

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, legal representatives, administrators, successors in interest and assigns.

18. WAIVER.

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No waiver by any party at any time of any breach of any provision of this Agreement shall be deemed a waiver or a breach of any other provision herein or a consent to any subsequent breach of the same or another provision. If any action by any party shall require the consent or approval of another party, such consent or approval of such action on any one occasion shall not be deemed a consent to or approval of such action on any subsequent occasion or a consent to or approval of any other action.

19. CAPTIONS AND HEADINGS.

The captions and paragraphs numbers appearing in this Agreement are inserted only as a matter of convenience and do not define, limit, construe, or describe the scope or intent of this Agreement.

20. COUNTERPARTS.

This Agreement may be executed in counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same instrument.

21. GOVERNING LAW.

This Agreement has been prepared, negotiated and executed in, and shall be construed in accordance with, the laws of the State of California. Any action or proceeding relating to or arising out of this Agreement shall be filed, if a State action, in the Superior Court of the State of California for the County of Los Angeles, or if a Federal action, in the United States District Court for the Central District of California.

22. ATTORNEYS FEES.

If either party named herein brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action (or proceeding), on trial or appeal, shall be entitled to its reasonable attorneys' fees to be paid by the losing party as fixed by the Court (or if applicable, the arbitrator).

23. TIME OF ESSENCE.

Time is of the essence with respect to all matters contained in this Agreement.