CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Jesse Alvarado, Council Member
Victor Farfan, Council Member
Mike Gomez, Council Member Luis Roa, Mayor
Tuesday, December 13, 2022
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
Meeting Location: City Council Chambers, 21815 Pioneer Boulevard, Hawaiian Gardens, California. Via Zoom Link (Provided below)
ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.
Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.
THE MEETING WILL BE OPEN TO THE PUBLIC WITH LIMITED SEATING CAPACITY TO ALLOW FOR SOCIAL DISTANCING. VIRTUAL VIEWING AND PARTICIPATION OPPORTUNITIES ARE STILL BEING PROVIDED. ALL PERSONS WHO ATTEND THE CITY COUNCIL MEETINGS ARE STRONGLY RECOMMENDED TO WEAR A FACE MASK/FACE SHIELD AT ALL TIMES AND PRACTICE SOCIAL DISTANCING.
PLEASE NOTE THAT IN LIGHT OF AB 361, CURRENT COUNTY CASE LEVELS, AND/OR GUIDANCE FROM STATE AND LOCAL HEALTH AUTHORITIES, THE CITY COUNCIL MEETING IS BEING CONDUCTED AS A HYBRID VIRTUAL MEETING AND IN PERSON MEETING. STAFF WILL PRACTICE SOCIAL DISTANCING AND WILL FOLLOW PUBLIC HEALTH AND SAFETY GUIDELINES. THIS MEETING WILL BE A HYBRID VIRTUAL MEETING (I.E., INPERSON AND VIRTUAL MEETING OPTIONS). CITY OFFICIALS, STAFF AND MEMBERS OF THE PUBLIC MAY PARTICIPATE IN CITY COUNCIL CHAMBERS, SUBJECT TO SOCIAL DISTANCING REQUIREMENTS, AND/OR VIRTUALLY USING THE ZOOM PLATFORM.
The meeting can be viewed via various platforms as follows:
City of Hawaiian Gardens local cable/channel:
ATT 99
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Jesse Alvarado, Council Member
Victor Farfan, Council Member
Mike Gomez, Council Member
Luis Roa, Mayor
Tuesday, December 13, 2022
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
CITY COUNCIL AGENDA
REGULAR MEETING
DECEMBER 13, 2022 Page 1
ATT 99
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Maria Teresa Del Rio, Mayor Pro Tem
Jesse Alvarado, Council Member
Victor Farfan, Council Member
Mike Gomez, Council Member
Luis Roa, Mayor
Tuesday, December 13, 2022
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Megan Garibaldi, City Attorney
Pablo Rubio, City Clerk
AGENDA
CALL TO ORDER
INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:
VIA WRITTEN CORRESPONDENCE / ECOMMENT: Members of the public who wish to comment on matters before the City should submit written correspondence to the City Hall Black Drop Box or the following email address: [email protected], or by ecomment on the City’s website, by no later than Tuesday, December 13, 2022 at 4:00pm. Note: Written correspondence will not be read into the record during the meeting; however, correspondence received by 4:00pm will be forwarded to the City Council, made a part of the official record, and made available for public review during the meeting If submitting a comment pertaining to an agenda item, please reference the agenda item.
INPERSON COMMENT the City Council shall provide members of the public the opportunity to address the City Council on any issues within the subject matter jurisdiction of the Council or to speak on items on and off the agenda, except for Public Hearing items. Each speaker shall be limited to three (3) minutes of public comment at each regular meeting. The City Council shall not discuss or take action relative to any public comment unless authorized by California Government Code Section 54954.2(b). Face Masks/Face Shields are strongly recommended for all inperson comments and attendance.
ZOOM: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:
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Meeting ID: 964 354 4069 Passcode: HG1
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CITY COUNCIL AGENDA
REGULAR MEETING
DECEMBER 13, 2022 Page 2
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Members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act). The City Council will participate in a Regular Meeting on Tuesday, December 13, 2022 at 6:00pm via inperson and teleconference (Zoom).
PROCLAMATIONS AND CERTIFICATES
PRESENTATIONS
1. RECOGNITION OF OUTGOING COUNCILMEMBERS
AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.
A. BUSINESS ITEMS
1. Recommendation to adopt Resolution No. 0562022 declaring the results of the General Municipal Election held on Tuesday, November 8, 2022.
2. Administer the Oath of Office to the Newly Elected Members of the City Council:
Dandy De Paula, Maria Teresa Del Rio, Luis Roa, Ernie Vargas.
3. Reorganization of Members of the City Council.
4. Roll Call of the City Council.
B. PUBLIC HEARING(S) / HEARING(s)
1. Recommendation to read title only, and waive reading in full and adopt Ordinance No. 2022605, amending Title 15 by repealing from Title 15 Sections 15.04.020,
15.06.020, 15.08.020, 15.10.020, 15.12.020, 15.14.020, 15.20.020 and adding in lieu thereof new Sections 15.04.020, 15.06.020, 15.08.020, 15.10.020, 15.12.020,
15.14.020, 15.20.020 to Title 15 of the Hawaiian Gardens Municipal Code to adopt by reference and amend the 2022 Los Angeles County Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Existing Building Code and Fire Code.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to adopt Urgency Zoning Ordinance Amendment 2022606 and hold a Public Hearing and first reading of Zoning Ordinance Amendment 2022607, amending Title 18 (Zoning), Chapter 18.90 (Supplemental Regulations), Section
18.90.080 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Hawaiian Gardens Municipal Code regarding ADUs and JADUs and determining the projectisexemptundertheCaliforniaEnvironmentalQualityAct(CEQA)pursuantto
CITY COUNCIL AGENDA
REGULAR MEETING
DECEMBER 13, 2022 Page 3
lieu thereof new Sections 15.04.020, 15.06.020, 15.08.020, 15.10.020, 15.12.020,
15.14.020, 15.20.020 to Title 15 of the Hawaiian Gardens Municipal Code to adopt by reference and amend the 2022 Los Angeles County Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Existing Building Code and Fire Code.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to adopt Urgency Zoning Ordinance Amendment 2022606 and hold a Public Hearing and first reading of Zoning Ordinance Amendment 2022607, amending Title 18 (Zoning), Chapter 18.90 (Supplemental Regulations), Section
18.90.080 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Hawaiian Gardens Municipal Code regarding ADUs and JADUs and determining the project is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the California Public Resources Code.
SUGGESTED ACTION: Approve Recommendation.
C. CONSENT CALENDAR
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to continue to authorize virtual and hybrid City Council meetings as well as virtual and hybrid meetings for all other City Boards, Commissions, Committees, or Agencies Pursuant to AB 361.
SUGGESTED ACTION: Approve Recommendation.
3. Recommendation to receive and file warrants processed during the period of November 5 to December 2, 2022.
SUGGESTED ACTION: Approve Recommendation.
4. Recommendation to approve the minutes for the City Council Special Meeting of Tuesday, November 15, 2022.
SUGGESTED ACTION: Approve Recommendation.
D. DISCUSSION ITEM(S)
1. Recommendation to adopt the necessary findings for a good cause extension under Business & Professions Code section 5273; and authorize the City Manager to take all steps necessary to pursue an appeal of the Caltrans Notice of Violation for the Gardens Casino sign, dated November 23, 2022.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to adopt Resolution No. 0572022 denying PLNG20210026 (General Plan Amendment), a request for a General Plan Amendment, from General Commercial to High Density Residential and denying a request for a zoning change (PLNG20210025) from C4 (General Commercial) to R4 (High Density Residential) for property located at 12345 Carson Street, Assessor Parcel Number 7066017 012CityofHawaiianGardensCalifornia;andfindingthesamestatutorilyexempt
CITY COUNCIL AGENDA
REGULAR MEETING
DECEMBER 13, 2022 Page 4
1. Recommendation to adopt the necessary findings for a good cause extension under Business & Professions Code section 5273; and authorize the City Manager to take all steps necessary to pursue an appeal of the Caltrans Notice of Violation for the Gardens Casino sign, dated November 23, 2022.
SUGGESTED ACTION: Approve Recommendation.
2. Recommendation to adopt Resolution No. 0572022 denying PLNG20210026 (General Plan Amendment), a request for a General Plan Amendment, from General Commercial to High Density Residential and denying a request for a zoning change (PLNG20210025) from C4 (General Commercial) to R4 (High Density Residential) for property located at 12345 Carson Street, Assessor Parcel Number 7066017 012, City of Hawaiian Gardens, California; and finding the same statutorily exempt from the California Environmental Quality Act (CEQA); and Adopt Resolution No. 0582022 denying PLNG20210025 (Site Plan Review), a request to approve the site plan and architectural design of a new 13unit apartment complex on property located at 12345 Carson Street, City of Hawaiian Gardens, California; and finding the same statutorily exempt from the California Environmental Quality Act (CEQA).
SUGGESTED ACTION: Approve Recommendation.
E. COMMITTEE REPORT(S)
F. NEW BUSINESS
G. ORAL STAFF REPORT(S)
H. CITY ATTORNEY REPORT(S)
I. ORAL COUNCIL REPORT(S)
J. CLOSED SESSION
K. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Tuesday, January 10, 2022 at 6:00 PM.
CITY COUNCIL AGENDA
REGULAR MEETING
DECEMBER 13, 2022 Page 5
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #A1
DATE: December 13, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:
Recommendation to adopt Resolution No. 056-2022 declaring the results of the General Municipal Election held on Tuesday, November 8, 2022.
SUMMARY
Attached is the Resolution pertaining to the results of the City of Hawaiian Gardens General Municipal Election held on Tuesday, November 8, 2022. As certified by the Los Angeles County Registrar-Recorder/County Clerk, the four (4) successful candidates are as follows:
Name: Term:
Dandy De Paula Full term of four (4) years
Maria Teresa Del Rio Full term of four (4) years
Luis Roa Full term of four (4) years
Ernie Vargas Unexpired term of two (2) years
The Los Angeles County Registrar-Recorder/County Clerk's Certificate of the Canvass of the Election Returns and Statement of Votes Cast, attached as Exhibit A to the Resolution provides the number of votes by precinct.
Agenda Item #A1
December 13, 2022
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Resolution No. 056-2022 with LARR/CC Certificate of Canvass of the Election Returns 1 056-2022
CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 056-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS, CALIFORNIA, RECITING THE FACT OF
THE GENERAL CONSOLIDATED MUNICIPAL ELECTION
HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Consolidated Municipal Election was held and conducted in the City of Hawaiian Gardens, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Los Angeles County Registrar Recorder/County Clerk's Office, Election Department, canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the precincts except vote by mail voter ballots and provisional ballots was 516. That the whole number of vote by mail voter ballots cast (including provisional ballots) in the City was 1,543, making a total of 2,059 ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Member of the City Council, full term are as follows:
DANDY DE PAULA
MARIA TERESA DEL RIO
JESSE ALVARADO
REYNALDO O. RODRIGUEZ
LUIS ROA
FRANCISCO NOYOLA
2 056-2022
SECTION 3. That the names of persons voted for at the election for Member of the City Council, unexpired term are as follows:
ERNIE VARGAS
MICHAEL GOMEZ
SECTION 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in the Exhibit "A" attached.
SECTION 5. The City Council does declare and determine that:
DANDY DE PAULA was elected as Member of the City Council for the full term of four (4) years.
MARIA TERESA DEL RIO was elected as Member of the City Council for the full term of four (4) years.
LUIS ROA was elected as Member of the City Council for
the full term of four (4) years.
ERNIE VARGAS was elected as Member of the City Council for the unexpired term of two (2) years.
SECTION 6. The City Clerk shall enter on the records of the City Council of the City of Hawaiian Gardens, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) the number of votes given at each precinct to each person; (5) The total number of votes given to each person.
SECTION 7. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 8. The Mayor of the City of Hawaiian Gardens is hereby authorized to affix his/her signature to this Resolution signifying its approval and adoption by the City Council of the City Hawaiian Gardens.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 3 056-2022
PASSED, APPROVED AND ADOPTED by the City Council of the City of Hawaiian Gardens, California on this 13
th day of December 2022.
CITY OF HAWAIIAN GARDENS
________________________________
MAYOR
ATTEST:
___________________________________
PABLO RUBIO
CITY CLERK
EXHIBIT A
..306c?l6~~~
.f£~-.f£~/~~ ~~ Certlcate of the Canvass of the Electlon Returns I, DEAN C LOGAN, Registrar-Recorder/County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, I did canvass the returns of the votes cast for each elective office and/or measure(s) for ~~~
at the General Election, held on the 8th day of November, 2022.
I FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows the total number of ballots cast in said jurisdiction, and that the whole number of votes cast for each candidate and/or measure(s) in said jurisdiction in each of the respective precincts therein, and the totals of the respective columns and the totals as shown for each candidate and/or measure(s) are full, true and correct.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 5th day of December, 2022.
~-~ DEANG. LOGA
Registrar-Recorder/Coun y Clerk
County of Los Angeles
COUNTY OF LOS ANGELES· GENERAL ELECTION 11/08/22 49.1 • PAGE- 1046 of 17855
HAWAIIAN GARDENS CITY GEN
COUNCILMEMBER
FINAL OFFICIAL £1 STATEMENT OF VOTES CAST
& {jj ~ & BY PRECINCT ,.__cs B [I' cr (1"'<: s ~ 1,1;,~ <f:i Q:- ,IE' LOCATION REGIST- BALLOTS #:y ~o RATION CAST Gq_"'<: t;J~ 0 ~ Qf 'S ~ ~ ...., '<.~ HAWAIIAN GARDENS· 2650004A 249 128 70 57 95 59 86
VOTE BY MAIL SERIAL 0384 768 362 337 299 237 289 232
TOTAL 3071 1017 490 407 356 332 348 318
HAWAIIAN GARDENS· 2650006A 267 127 103 63 112 83 77
VOTE BY MAIL SERIAL0385 775 371 336 287 243 300 264
TOTAL 2970 1042 498 439 350 355 383 341
HAWAIIAN GARDENS· 2650008A• 0 0 0 0 0 0 0
VOTE BY MAIL SERIAL6586 0 0 0 0 0 0 0
TOTAL 0 0 0 0 0 0 0 0
BALLOT GROUP 797 • 9990797A" 0 0 0 0 0 0 0
VOTE BY MAIL SERIAL8797 0 0 0 0 0 0 0
TOTAL 0 0 0 0 0 0 0 0
BALLOT GROUP 799 • 9990799A" 0 0 0 0 0 0 0
VOTE BY MAIL SERIAL8799 0 0 0 0 0 0 0
TOTAL 0 0 0 0 0 0 0 0
COUNTY OF LOS ANGELES • GENERAL ELECTION 11/08/22 492 • PAGE- 1047 of 17855
HAWAIIAN GARDENS CITY GEN
COUNCILMEMBER
FINAL OFFICIAL gt STATEMENT OF VOTES CAST
~ g:;, ~ & BY PRECINCT ,.__G B ts CT 0
§; 0~ ~ !;!;,~ ~ Q:= ,/ff LOCATION REGIST- BALLOTS #:;- ~o [iJ~ 0 ~ RATION CAST Cj Q.."'t' ~ 'S ~ ~ ....., «:.~ PRECINCT TOT AL 516 255 173 120 207 142 163
VBM TOTAL 1543 733 673 586 480 589 496
GRAND TOTAL 6041 2059 988 846 706 687 731 659
COUNTY OF LOS ANGELES· GENERAL ELECTION 11/08/22 50.1 ·PAGE· 1048 of 17855
HAWAIIAN GARDENS CITY GEN
CNC TERM ENDS 11/24
FINAL OFFICIAL
STATEMENT OF VOTES CAST ~
BY PRECINCT ~ g;, .:§'
REGIST· BALLOTS ~ ~CY
LOCATION RATION CAST $ ~& (5
HAWAIIAN GARDENS· 2650004A 249 160 54
VOTE BY MAIL SERIAL0384 768 371 293
TOTAL 3071 1017 531 347
HAWAIIAN GARDENS· 2650006A 267 148 80
VOTE BY MAIL SERIAL0385 n5 407 244
TOTAL 2970 1042 555 324
HAWAIIAN GARDENS· 2650008A• 0 0 0
VOTE BY MAIL SERIAL6586 0 0 0
TOTAL 0 0 0 0
BALLOT GROUP 797 • 9990797A" 0 0 0
VOTE BY MAIL SERIAL8797 0 0 0
TOTAL 0 0 0 0
BALLOT GROUP 799 • 9990799A" 0 0 0
VOTE BY MAIL SERIAL8799 0 0 0
TOTAL 0 0 0 0
COUNTY OF LOS ANGELES • GENERAL ELECTION 11/08/22 502 - PAGE- 1049 of 17855
HAWAIIAN GARDENS CITY GEN
CNC TERM ENDS 11/24
FINAL OFFICIAL
STATEMENT OF VOTES CAST ~
BY PRECINCT ~ ~ 0'
REGIST- BALLOTS ~ ~CY
LOCATION RATION CAST It ~& 0
PRECINCT TOTAL 516 308 134
VBMTOTAL 1543 778 537
GRAND TOTAL 6041 2059 1086 671
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #B1
DATE: December 13, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Dennis Tarango, Building Official
RECOMMENDATION:
Recommendation to read title only, and waive reading in full and adopt Ordinance No. 2022-605, amending Title 15 by repealing from Title 15 Sections 15.04.020, 15.06.020,
15.08.020, 15.10.020, 15.12.020, 15.14.020, 15.20.020 and adding in lieu thereof new Sections 15.04.020, 15.06.020, 15.08.020, 15.10.020, 15.12.020, 15.14.020, 15.20.020 to Title 15 of the Hawaiian Gardens Municipal Code to adopt by reference and amend the 2022 Los Angeles County Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Existing Building Code and Fire Code.
SUMMARY
On November 15, 2022, The City Council conducted a first reading introduced the proposed ordinance No 2508 and adopted Resolution No 2022-605. The summary and Discussion of the ordinance can be found in the Staff Report dated November 15, 2022, attachment “B”.
ENVIRONMENTAL DOCUMENTATION
Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant Agenda Item #B1
December 13, 2022
effect on the environment. The adoption of the proposed Ordinance does not have such potential, and therefore is not a project subject to CEQA.
FISCAL IMPACT
The fiscal impact to the City will be the cost to acquire two (2) sets of code books. One set is for the City Clerk and one set is for the Building Department. The estimated cost is $3,000. As required by Government Code Section 50022.6, at least one copy of each model Code to be adopted and/or amended must be on file with the City Clerk and/or Building Department at least 15 days before the date of the hearing at which the Ordinance is to be considered for adoption.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Ordinance No: 2022-605
B. November 15, 2022 Staff Report and its attachments with Findings and Los Angeles County Ordinance adopting and amending the 2022 California Codes and creating the 2023 Los Angeles County Codes.
Due to the size of the Los Angeles County Ordinance, these documents can be viewed at the following links for convenience only. A physical copy of each Code to be adopted or amended by this Ordinance, including both the State Codes and the County Codes, must be on file with the City Clerk and/or the Building Official pursuant to Government Code section 50022.6.
Building Code http://file.lacounty.gov/SDSInter/bos/supdocs/173612.pdf Residential Code http://file.lacounty.gov/SDSInter/bos/supdocs/173615.pdf Electrical Code http://file.lacounty.gov/SDSInter/bos/supdocs/173568.pdf Plumbing Code http://file.lacounty.gov/SDSInter/bos/supdocs/173643.pdf Mechanical Code http://file.lacounty.gov/SDSInter/bos/supdocs/173614.pdf Existing Building Code http://file.lacounty.gov/SDSInter/bos/supdocs/173617.pdf California Codes can be viewed at https://www.dgs.ca.gov/BSC/Codes 65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
ORDINANCE NO. 2022-605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AMENDING TITLE 15 OF THE HAWAIIAN GARDENS MUNICIPAL CODE BY REPEALING TITLE 15 SECTIONS 15.04.020, 15.06.020, 15.08.020, 15.10.020,
15.12.020, 15.14.020, AND 15.20.020, AND ADDING IN LIEU THEREOF NEW SECTIONS 15.04.020, 15.06.020, 15.08.020, 15.10.020, 15.12.020, 15.14.020,
15.20.020 TO TITLE 15 OF THE HAWAIIAN GARDENS MUNICIPAL CODE, ADOPTING BY REFERENCE AND AMENDING THE 2022 LOS ANGELES
COUNTY BUILDING CODE, ELECTRICAL CODE, MECHANICAL CODE,
PLUMBING CODE, RESIDENTIAL CODE, EXISTING BUILDING CODE, AND FIRE CODE.
WHEREAS, the 2022 California Building Standards Code (California Code of Regulations, Title 24) has been published by the California Building Standards Commission and will become effective on January 1st, 2023; and WHEREAS, the City of Hawaiian Gardens is permitted by California Health and Safety Code sections 17958.5 and 17958.7 to amend the California Code of Regulations Title 24 by adoption and amendment only prior to January 1, 2023 based on express findings because of local climatic, geologic, and/or topographic conditions; and
WHEREAS, on November 15, 2022, the Board of Supervisors of the County of Los Angeles will adopt by reference and amended the 2022 California Building Standards Code (including the California Building, Residential, Electrical, Mechanical, Plumbing, Existing Building, and Fire Codes); and
WHEREAS, the City of Hawaiian Gardens finds that the amendments to the California Building, Residential, Electrical, Mechanical, Plumbing, Existing Building, and Fire Codes as adopted by the County of Los Angeles are necessary and appropriate for the City of Hawaiian Gardens because of local climatic, geologic, and/or topographic conditions; and
WHEREAS, the City of Hawaiian Gardens finds that further administrative amendments to the 2022 Los Angeles County Building, Residential, Electrical, Mechanical, Plumbing, Existing Building, and Fire Codes; and WHEREAS, the City of Hawaiian Gardens is located within the County of Los Angeles, and the City Council believes that the findings made by the Los Angeles County Board of Supervisors are applicable to and consistent with the desire of the City of Hawaiian Gardens to provide the most technically proficient and safe construction codes possible while also taking local topographic, climatic, and geologic conditions into account; and
65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
WHEREAS, the Los Angeles County Building, Residential, Electrical, Mechanical, Plumbing, Existing Building and Fire Codes are used throughout the County of Los Angeles and a significant portion of the incorporated cities within the County of Los Angeles; and
WHEREAS, the Los Angeles County Codes are common, readily available for purchase, and well known to contractors, engineers, and architects; and WHEREAS, in accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code which amends the Hawaiian Gardens Municipal Code are exempt from the provisions of the California Environmental Quality Act.
SECTION 1. FINDINGS. The City Council finds that certain local climatic, geologic, and/or topographical conditions exist as follows:
[The City of Hawaiian Gardens is one of the most densely populated cities in southern California. Homes and other buildings are often very close to one another making fire spread more likely, and enhancing the likelihood of rodents to migrate from one to another. Further, the overhead clutter of utility lines reduces the aesthetic quality of the City. The City is also located in a densely populated area having building constructed over or near a vast array of earthquake fault system capable of producing major earthquakes. The City is also located in an area that is at risk to fires due to seasonal strong winds, low humidity and dry vegetation.
After due consideration, the City Council finds and determines that local climatic, geologic, and topographic conditions make modifications and changes to the 2022 Edition of the California Building Code reasonably necessary to provide sufficient and effective protection of life, health, and property. A summary of the applicable findings as they relate to each local amendment is attached hereto as Exhibit “A”.
SECTION 2. Hawaiian Gardens Municipal Code section 15.04.020 is hereby amended to read as follows:
“15.04.020 Adoption of 2022 California Building Code as amended by Title 26 Los Angeles County Building Code.
A. The 2022 California Building Code as amended by Title 26 Los Angeles County Building Code, together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the city, provide for the issuance of permits and collection of fees therefor, are hereby adopted by reference, and conflicting ordinances are hereby repealed.
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B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C. Section 106.3 of Chapter 1 of Title 26 of the Los Angeles County Building Code is hereby amended to read as follows:
106.3 Work Exempted. A building permit shall not be required for the following:
1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm).
2. Wood, wrought iron, and similar fences not over 6 feet in height which are not used as a barrier to private swimming pools, spas or hot tubs, and masonry, concrete and similar garden or pilaster fences not over 3 feet high. Fences shall comply with the City’s Zoning Code regardless whether a permit is required or not.
3. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 1½.
4. Gantry cranes and similar equipment.
5. Retaining walls that retain not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids.
6. Motion picture, television and theater stage sets and scenery, except when used as a building.
7. Ground mounted radio and television antennae towers which do not exceed 45 feet (13,716 mm) in height and ground supported dish antennas not exceeding 15 feet (4,572 mm) in height above finished grade in any position.
8. Light standards which do not exceed 30 feet (9,144 mm) in height.
9. Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high.
10. A tree house, provided that:
10.1 It does not exceed 64 square feet (5.94 m2) in area nor 8 feet (2,438 mm) in height from floor to roof.
10.2 The ceiling height as established by door height or plate line does not exceed 6 feet (1,829 mm).
11. Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy and extending not more than 54 inches (1,372 mm) from the exterior wall of the building.
12. Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m2) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.
13. A portable metal hanger located on County-owned airports, provided that:
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13.1 It is less than 2,000 square feet (18.58 m2) in area;
13.2 It is used exclusively for the parking of aircraft;
13.3 It bears the Department of Motor Vehicles, State of California, insignia of approval for movement on any highway;
13.4 It incorporates as an integral part of its basic construction a hitch or coupling device for towing;
13.5 It can accommodate, without further structural change, wheel and axle assemblies to provide a safe means of portability;
13.6 It is equipped with permanent ventilation to prevent the accumulation of combustible gases; and
13.7 It is not provided with water or sanitary facilities.
14. Oil derricks.
15. Platforms, walks and driveways not more than 30 inches (762 mm) above grade, not over any basement or story below, and which are not part of an accessible route.
16. Prefabricated swimming pools, spas and other bodies of water accessory to a Group R-3 Occupancy and less than 18 inches (0.46 m) deep, and do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade.
Fences, gates, door alarms, and other protection devices that are accessory to the prefabricated swimming pool are not exempt from permit requirements.
17. Playground equipment accessory to a Group R-3 occupancy.
18. One-story buildings or structures used as dog kennels, chicken coops, animal pens, or shade structures provided the gross floor area does not exceed 120 square feet (11.15 m2) and the height does not exceed six feet (1,829 mm).
Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.
Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code, or other laws or ordinances.
D. Section 107.1 - Building Permit Fees of Chapter 1 of Title 26 of the Los Angeles County Building Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.04.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 26, Fees and shall be increased by thirty (30) percent.”
SECTION 3. Hawaiian Gardens Municipal Code section 15.06.020 is hereby amended to read as follows:
“15.06.020 Adoption of 2022 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code.
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A. The 2022 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code, together with their annexes, which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and workmanship in the city, provides for the issuance of permits and collection of fees therefor, with all changes and amendments thereto, is hereby adopted by reference, and all conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C. Section 82.8 - Fees of Article 82 of Title 27 of the Los Angeles County Electrical Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.06.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 27, Fees and shall be increased by thirty (30) percent.”
SECTION 4. Hawaiian Gardens Municipal Code section 15.08.020 is hereby amended to read as follows:
“15.08.020 Adoption of 2022 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code.
A. The 2022 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code, together with their appendices, which regulate and control the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, venting, cooling, refrigeration systems, or other miscellaneous heat-producing appliances in the city, provides for the issuance of permits and collection of fees therefor, with certain changes and amendments thereto, is hereby adopted by reference, and all conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C Section 110.2 - Fees of Chapter 1 of Title 29 of the Los Angeles County Mechanical Code is hereby amended to read as follows:
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fee set forth by Los Angeles County, Title 29, Fees and shall be increased by thirty (30) percent.”
SECTION 5. Hawaiian Gardens Municipal Code section 15.10.020 is hereby amended to read as follows:
“15.10.020 Adoption of 2022 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code.
A. The 2022 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code, together with their appendices, which provide minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of plumbing and drainage, materials, venting, wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related products, and workmanship in the city, provide for the issuance of permits and collection of fees therefor, with certain changes and amendments thereto, are hereby adopted by reference and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C Section 102.2 - Fees of Chapter 1 of Title 28 of the Los Angeles County Plumbing Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.10.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 28, Fees and shall be increased by thirty (30) percent.”
SECTION 6. Hawaiian Gardens Municipal Code section 15.12.020 is hereby amended to read as follows:
“15.12.020 Adoption of 2022 California Residential Code as amended by Title 30 Los Angeles County Residential Code.
A. The 2022 California Residential Code as amended by Title 30 Los Angeles County Residential Code, together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of certain residential buildings or structures within the city, provide for the issuance of permits and collection of fees therefor, are hereby adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of 65320.00001\40834514.2
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this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C. Section 107.1 - Building Permit Fees of Chapter 1 of Title 30 of the Los Angeles County Building Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.12.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 30, Fees and shall be increased by thirty (30) percent.”
SECTION 7. Hawaiian Gardens Municipal Code section 15.14.020 is hereby amended to read as follows:
“15.14.020 Adoption of 2022 California Existing Building Code as amended by Title 33 Los Angeles County Existing Building Code.
A. The 2022 California Existing Building Code as amended by Title 33 Los Angeles County Existing Building Code, together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of certain existing buildings or structures within the city, provide for the issuance of permits and collection of fees therefor, are hereby adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.”
SECTION 8. Hawaiian Gardens Municipal Code section 15.20.020 is hereby amended to read as follows:
“15.20.020 Adoption of 2022 California Fire Code as amended by Title 32 of the Los Angeles County Fire Code.
A. The 2022 California Fire Code as amended by Title 32 Los Angeles County Fire Code, together with their appendices are hereby adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.”
SECTION 9. The Mayor or presiding officer of the City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council. 65320.00001\40834514.2
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SECTION 10. This Ordinance is not a project within the meaning of CEQA Guidelines section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 11. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law, or in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of City Clerk and shall cause the same to be filed with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.
SECTION 12. This Ordinance shall go into effect and be in full force and operation on January 1, 2023, or 30 days after its adoption by the City Council of the City of Hawaiian Gardens, whichever is later.
SECTION 13. If any chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council on the 13th day of December, 2022.
______________________________
Luis Roa, Mayor
ATTEST:
_______________________________
Pablo Rubio, City Clerk
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EXHIBIT “A”
After due consideration, the City Council finds and determines that these local climatic, geological, and topographical conditions make modifications and changes to the California Building Standards Code reasonably necessary to provide sufficient and effective protection of life, health, and property. The California Building Standards Code is therefore modified, amended, added to, and changed based on the following findings and as further set forth below:
Building Code
Building Code Amendments
CODE
SECTION
CONDITION EXPLANATION
106.3 Administrative Modifies list of projects for which a building permit is not required.
106.3.2,
Item 2
Administrative
Geologic
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. Due to the
risk of geologic activities in the Southern California
area, buildings and structures require a high level of
performance. This existing local enforcement provision
limits the height of fences built without a permit in order to reduce the chance of failure of fences that may be
built improperly. Because fences that are exempt from
permits are constructed without the benefit of inspection to verify that proper construction methods are used, it has been observed that fences are commonly built
without proper footings and/or reinforcement, which
causes leaning and collapse of the fence.
107.1 Administrative Specifies how fees for plan check, inspection, and miscellaneous services shall be based on LA County
fees.
701A.1 Climatic Clarifies the application of Chapter 7A to include additions, alterations, and/or relocated buildings. Many areas of the 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.
701A.3 Climatic Clarifies the application of Chapter 7A to include additions, alterations, and/or relocated buildings. Many areas of the County have been designated as Fire
Hazard Severity Zones due to the increased risk of fire caused by low humidity, strong winds, and dry
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vegetation. Additions, alterations, and/or relocated
buildings have the same fire risk as new buildings.
701A.3.1 Climatic Clarifies the application of Chapter 7A to include additions, alterations, and/or relocated buildings. Many areas of the 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.
703A.5.2
and
703A.5.2.2
Climatic Disallows the use of wood-shingle/wood-shake roofs due to the increased risk of fire in the County caused by low humidity, strong winds, and dry vegetation in high
fire severity zones.
704A.4 Climatic Disallows the use of wood-shingle/wood-shake roofs due to the increased risk of fire in the County caused by low humidity, strong winds, and dry vegetation in high
fire severity zones.
705A.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 the County caused by low
humidity, strong winds, and dry vegetation in high fire severity zones.
1031.2.1 Geological The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed
over and near a vast array of earthquake fault systems
capable of producing major earthquakes, including, but
not limited to, the 1994 Northridge Earthquake. The
proposed amendment is intended to prevent occupants
from being trapped in a building and to allow rescue
workers to easily enter after an earthquake.
Table
1507.3.7
Geological Table amended to require proper anchorage for clay or concrete tiles from sliding or rotating due to the
increased risk of significant earthquakes in the County.
This amendment incorporates the design provisions
developed based on detailed study of the 1994
Northridge and the 1971 Sylmar earthquakes.
1613.5 and
1613.5.1
Geological Observed damages to one- and two-family dwellings of light frame construction after the Northridge Earthquake may have been partially attributed to vertical
irregularities common to this type of occupancy and
construction. In an effort to improve quality of
construction and incorporate lesson learned from
studies after the Northridge Earthquake, the proposed
modification to ASCE 7-16, Section 12.2.3.1, Exception
3, by limiting the number of stories and height of the
structure to two stories will significantly minimize the impact of vertical irregularities and concentration of
inelastic behavior from mixed structural systems. This
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proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1613.5.2 Geological A joint Structural Engineers Association of Southern California (SEAOSC), Los Angeles County and Los
Angeles City Task Force investigated the performance
of concrete and masonry construction with flexible
wood diaphragm failures after the Northridge
earthquake. It was concluded at that time that
continuous ties are needed at specified spacing to
control cross grain tension in the interior of the
diaphragm. Additionally, there was a need to limit
subdiaphragm allowable shear loads to control
combined orthogonal stresses within the diaphragm.
Recognizing the importance and need to continue the
recommendation made by the task force while taking
into consideration the improved performances and
standards for diaphragm construction today, this
proposal increases the continuous tie spacing limit to
40 ft in lieu of 25 ft and to use 75% of the allowable
code diaphragm shear to determine the depth of the
subdiaphragm in lieu of the 300 plf and is deemed
appropriate and acceptable. Due to the frequency of
this type of failure during the past significant
earthquakes, various jurisdictions within the Los
Angeles region have taken this additional step to
prevent roof or floor diaphragms from pulling away from concrete or masonry walls. This proposed amendment
is a continuation of an amendment adopted during
previous code adoption cycles.
1613.5.3 Geological The inclusion of the importance factor in this equation has the unintended consequence of reducing the
minimum seismic separation distance for important
facilities such as hospitals, schools, police, and fire stations from adjoining structures. The proposal to omit the importance factor from Equation 12.12-1 will ensure that a safe seismic separation distance is provided.
This proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles.
1613.6 Geological
Topographical
Section is added to improve seismic safety of buildings constructed on or into hillsides. Due to the local
topographical and geological conditions of the sites
within the greater Los Angeles/Long Beach region and
their probabilities for earthquakes, this technical
amendment is required to address and clarify special
needs for buildings constructed on hillside locations. A SEAOSC and Los Angeles City Joint Task Force
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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
both the City and County of Los Angeles for several
years with much success. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles.
1613.7 Geological 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 proposed
modification requiring safe design and construction
requirements for ceiling suspension systems to resist
seismic loads is intended to minimize the amount of
damage within a building and therefore needs to be
incorporated into the code to assure that new buildings and additions to existing buildings are designed and
constructed in accordance with the scope and
objectives of the California Building Code.
1704.6 Geological
Administrative
The language in section 1704.6 of the California
Building Code permits the owner to employ any
registered design professional to perform structural
observations with minimum guidelines. However, it is
important that the registered design professional
responsible for the structural design has thorough
knowledge of the building he/she designed. By
requiring the registered design professional responsible for the structural design, or their designee, who was
involved with the design to observe the construction,
the quality of the observation for major structural
elements and connections that affect the vertical and
lateral load resisting systems of the structure will be greatly increased. Additional requirements are provided to help clarify the role and duties of the structural
observer and the method of reporting and correcting
observed deficiencies to the Building Official. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles, and is necessary
due to the increased risk of significant earthquakes in the County
1704.6.1 Geological With the higher seismic demand placed on buildings and structures in this region, the language in section
1704.6.1, Item 3, of the California Building Code would permit many low-rise buildings and structures with
complex structural elements to be constructed without
the benefit of a structural observation. By requiring a registered design professional to observe the
construction, the quality of the observation for major
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structural elements and connections that affect the
vertical and lateral load resisting systems of the
structure will be greatly increased. An exception is
provided to permit simple structures and buildings to be excluded. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1705.3 Geological Results from studies after the 1994 Northridge Earthquake indicated that a significant portion of the
damage was attributable to lack of quality control during construction resulting in poor performance of the
building or structure. Therefore, the amendment
restricts the exceptions to the requirement for special inspection. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1705.13 Geological In Southern California, very few detached one- or twofamily dwellings not exceeding two stories above grade plane are built as "box-type" structures specially for
those in hillside areas and near the oceanfront. Many
with steel moment frames or braced frames, and/or
cantilevered columns, can still be shown as "regular"
structures by calculations. With the higher seismic
demand placed on buildings and structures in this
region, the language in section 1705.13, Item 3, of the California Building Code would permit many detached
one- or two-family dwellings not exceeding two stories
above grade plane with complex structural elements to
be constructed without the benefit of special
inspections. By requiring special inspections, the quality of major structural elements and connections that affect the vertical and lateral load resisting systems of the
structure will be greatly increased. The exception
should only be allowed for detached one- or two-family
dwellings not exceeding two stories above grade plane
assigned to Seismic Design Categories A, B, and C.
1807.1.4 Climatic
Geological
No substantiating data has been provided to show that
a wood foundation is effective in supporting buildings
and structures during a seismic event while being
subject to deterioration caused by the combined
detrimental effect of constant moisture in the soil and wood-destroying organisms. Wood retaining walls,
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 and temperate
weather in the Southern California region and are not
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generally familiar with the necessary precautions and
treatment of wood that makes it suitable for both
seismic events and wet applications. The proposed
amendment takes the necessary precautionary steps to
reduce or eliminate potential problems that may result
by using wood foundations that experience relatively
rapid decay due to the fact that the region does not
experience temperatures cold enough to destroy or
retard the growth and proliferation of wood-destroying
organisms. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the local climate and
the increased risk of significant earthquakes in the
County.
1807.1.6 Geological With the higher seismic demand placed on buildings and structures in this region, it is necessary to take
precautionary steps to reduce or eliminate potential
problems that may result by following prescriptive
design provisions that do not take into consideration the surrounding environment. Plain concrete performs
poorly in withstanding the cyclic forces resulting from seismic events. In addition, no substantiating data has been provided to show that under-reinforced foundation
walls are effective in resisting seismic loads, and may potentially lead to a higher risk of failure. It is important that the benefit and expertise of a registered design
professional be obtained to properly analyze the
structure and take these issues into consideration. This amendment is a continuation of an amendment adopted
during previous code adoption cycles.
1807.2 Climatic,
Geological
No substantiating data has been provided to show that
wood foundation systems are effective in supporting
buildings and structures during a seismic event while
being subject to deterioration caused by the combined
detrimental effects of constant moisture in the soil and wood-destroying organisms. Wood foundation systems
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 and temperate 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. The proposed amendment takes
the precautionary steps to reduce or eliminate potential problems that may result in using wood foundation
systems that experience relatively rapid decay due to
the fact that the region does not experience
temperatures cold enough to destroy or retard the
growth and proliferation of wood-destroying organisms.
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This proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles.
1807.3.1 Climatic,
Geological
No substantiating data has been provided to show that
wood foundation systems are effective in supporting
buildings and structures during a seismic event while
being subject to deterioration caused by the combined
detrimental effects of constant moisture in the soil and wood-destroying organisms. Wood foundation systems
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 and temperate 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. The proposed amendment takes
the precautionary steps to reduce or eliminate potential problems that may result in using wood foundation
systems that experience relatively rapid decay due to
the fact that the region does not experience
temperatures cold enough to destroy or retard the
growth and proliferation of wood-destroying organisms.
This proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles.
1809.3 and
Figure
1809.3
Geological With the higher seismic demand placed on buildings and structures in this region, it is necessary to take
precautionary steps to reduce or eliminate potential
problems that may result for under-reinforced footings
located on sloped surfaces. Requiring minimum
reinforcement for stepped footings is intended to
address the problem of poor performance of plain or
under-reinforced footings during a seismic event. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles.
1809.7 and
Table
1809.7
Geological No substantiating data has been provided to show that under-reinforced footings are effective in resisting
seismic loads, and therefore they may potentially lead
to a higher risk of failure. This amendment requires
minimum reinforcement in continuous footings to
address the problem of poor performance of plain or
under-reinforced footings during a seismic event. With
the higher seismic demand placed on buildings and
structures in this region, it is necessary to take
precautionary steps to reduce or eliminate potential
problems that may result by following prescriptive
design provisions for footings that do not take into
consideration the surrounding environment. It is
important that the benefit and expertise of a registered 65320.00001\40834514.2
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design professional be obtained to properly analyze the structure and take these factors into consideration. This amendment reflects the recommendations by the
SEAOSC and the Los Angeles City Joint Task Force,
which investigated the performance deficiencies
observed in the 1994 Northridge Earthquake. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles.
1809.12 Climatic
Geological
No substantiating data has been provided to show that
timber footings are effective in supporting buildings and structures during a seismic event while being subject to deterioration caused by the combined detrimental
effects of constant moisture in the soil and wooddestroying organisms. Timber footings, when they are not properly treated and protected against deterioration, have performed very poorly. Most contractors are
typically accustomed to construction in dry and
temperate 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.
The proposed amendment takes the necessary
precautionary steps to reduce or eliminate potential
problems, which may result by using timber footings
that experience relatively rapid decay due to the fact
that the region does not experience temperatures cold
enough to destroy or retard the growth and proliferation of wood-destroying organisms. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the local climate and the increased risk of significant
earthquakes in the County.
1810.3.2.4 Climatic
Geological
No substantiating data has been provided to show that
timber footings are effective in supporting buildings and structures during a seismic event while being subject to deterioration caused by the combined detrimental
effects of constant moisture in the soil and wooddestroying organisms. Timber footings, when they are not properly treated and protected against deterioration, have performed very poorly. Most contractors are
typically accustomed to construction in dry and
temperate 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.
The proposed amendment takes the necessary
precautionary steps to reduce or eliminate potential
problems that may result by using timber footings that
experience relatively rapid decay due to the fact that
the region does not experience temperatures cold
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enough to destroy or retard the growth and proliferation of wood-destroying organisms. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the local climate and the increased risk of significant
earthquakes in the County.
1905.1 Geological This amendment is intended to carry over critical provisions for the design of concrete columns in
moment frames from the legacy 1997 Uniform Building
Code. Increased confinement is critical to the integrity of such columns and these modifications ensure that it
is provided when certain thresholds are exceeded. In
addition, this amendment carries over from the legacy
1997 Uniform Building Code a critical provision for the design of concrete shear walls. It essentially limits the use of very highly gravity-loaded walls in being included in the seismic load resisting system, since their failure could have catastrophic effect on the building.
Furthermore, this amendment was incorporated in the
code based on observations from the 1994 Northridge
Earthquake. Rebar placed in very thin concrete topping
slabs have been observed in some instances to have
popped out of the slab due to insufficient concrete
coverage. This modification ensures that critical
boundary and collector rebars are placed in sufficiently thick topping slab to prevent buckling of such
reinforcements. This proposed amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the
increased risk of significant earthquakes in the County. 1905.1.7 Geological This amendment requires minimum reinforcement in continuous footings to address the problem of poor
performance of plain or under-reinforced footings during a seismic event. This amendment reflects the
recommendations by the SEAOSC and the Los
Angeles City Joint Task Force, which investigated the
poor performance observed in the 1994 Northridge
Earthquake. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1905.1.8
through
1905.1.11
Geological These amendments are intended to carry over critical provisions for the design of concrete columns in
moment frames from the Uniform Building Code (UBC).
Increased confinement is critical to the integrity of such columns and these modifications ensure that it is
provided when certain thresholds are exceeded. In
addition, this amendment carries over from the UBC a
critical provision for the design of concrete shear walls.
It essentially limits the use of very highly gravity-loaded 65320.00001\40834514.2
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December 13, 2022
walls from being included in the seismic load resisting system, since their failure could have a catastrophic
effect on the building. Furthermore, this amendment
was incorporated into this Code based on observations
from the 1994 Northridge Earthquake. Rebar placed in
very thin concrete topping slabs has been observed in
some instances to have popped out of the slab due to
insufficient concrete coverage. This modification
ensures that critical boundary and collector rebars are placed in sufficiently thick slabs to prevent buckling of such reinforcements. This amendment is a continuation
of an amendment adopted during previous code
adoption cycles, and is necessary due to the increased
risk of significant earthquakes in the County.
2304.10.2
and Table
2304.10.2
Geological Due to the high geologic activities in the Southern California area and the expected higher level of
performance on buildings and structures, this proposed
local amendment limits the use of staple fasteners in
resisting or transferring seismic forces. 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 nailed wood structural shear panels. The test results of stapled wood
structural shear panels demonstrated much lower
strength and drift than nailed wood structural shear
panel test results. Therefore, the use of staples as
fasteners to resist or transfer seismic forces shall not be permitted without being substantiated by cyclic testing.
This amendment is a continuation of a similar
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
2304.10.3.1 Geological The overdriving of nails into the structural wood panels still remains a concern when pneumatic nail guns are
used for wood structural panel shear wall nailing. Box
nails were observed to cause massive and multiple
failures of the typical 3/8-inch thick plywood during the 1994 Northridge Earthquake. The use of clipped head
nails continues to be restricted from use in wood
structural panel shear walls where the minimum nail
head size must be maintained in order to minimize nails from pulling through sheathing materials. Clipped or
mechanically driven nails used in wood structural panel shear wall construction were found to perform much
worse in previous wood structural panel shear wall
testing done at the University of California Irvine. The existing test results indicated that, under cyclic loading, the wood structural panel shear walls were less energy
absorbent and less ductile. The panels reached
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ultimate load capacity and failed at substantially less lateral deflection than those using same-size handdriven nails. This amendment reflects the recommendations by the SEAOSC and the Los
Angeles City Joint Task Force, which investigated the
poor performance observed in the 1994 Northridge
Earthquake. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
2304.12.2.8 Climatic
Geological
No substantiating data has been provided to show that
wood used in retaining or crib walls is effective in
supporting buildings and structures during a seismic
event while being subject to deterioration caused by the combined detrimental effect of constant moisture in the soil and wood-destroying organisms. Wood used in
retaining or crib walls, when it is not properly treated and protected against deterioration, has performed very poorly. Most contractors are typically accustomed to
construction in dry and temperate 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. The proposed amendment takes
the necessary precautionary steps to reduce or
eliminate potential problems that may result by using
wood in retaining or crib walls, which experience
relatively rapid decay due to the fact that the region
does not experience temperatures cold enough to
destroy or retard the growth and proliferation of wooddestroying organisms. This amendment is a continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the local climate and the increased risk of significant
earthquakes in the County.
2305.4 Geological Many of the hold-down connectors currently in use do not have any acceptance report based on dynamic
testing protocols. This amendment continues to limit the allowable capacity to 75% of the acceptance report
value to provide an additional factor of safety for
statically tested anchorage devices. Cyclic forces
imparted on buildings and structures by seismic activity cause more damage than equivalent forces that are
applied in a static manner. Steel plate washers will
reduce the additional damage that can result when
hold-down connectors are fastened to wood framing
members. This amendment reflects the
recommendations by the SEAOSC and the Los
Angeles City Joint Task Force, which investigated the
poor performance observed in the 1994 Northridge
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Earthquake. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
2306.2
2306.3
2307.2
2308.6.5.1
2308.6.5.2
Figure
2308.6.5.1
and Figure
2308.6.5.2
Geological The SEAOSC and the Los Angeles City Joint Task Force that investigated damage to buildings and
structures during the 1994 Northridge Earthquake
recommended reducing allowable shear values in wood
structural panel shear walls or diaphragms that were
not substantiated by cyclic testing. That
recommendation was consistent with a report to the
Governor from the Seismic Safety Commission of the
State of California recommending that code
requirements be "more thoroughly substantiated with
testing." The allowable shear values for wood structural panel shear walls or diaphragms fastened with staples
are based on monotonic testing and do not take into
consideration that earthquake forces load shear wall or diaphragm in a repeating and fully reversible manner. In September 2007, limited cyclic testing was conducted
by a private engineering firm to determine if wood
structural panels fastened with staples would exhibit the same behavior as wood structural panels fastened with
common nails. The test result revealed that wood
structural panels fastened with staples demonstrated
much lower strength and stiffness than wood structural
panels fastened with common nails. It was
recommended that the use of staples as fasteners for
wood structural panel shear walls or diaphragms not be
permitted to resist seismic forces in structures assigned to Seismic Design Categories D, E, and F unless it can
be substantiated by cyclic testing. Furthermore, the
cities and unincorporated areas within the greater Los
Angeles/Long Beach region have taken extra measures
to maintain the structural integrity of the framing of
shear walls and diaphragms designed for high levels of
seismic forces by requiring wood sheathing be applied
directly over the framing members and prohibiting the
use of panels placed over gypsum sheathing. This
amendment is intended to prevent the undesirable
performance of nails when gypsum board softens due
to cyclic earthquake displacements and the nail
ultimately does not have any engagement in a solid
material within the thickness of the gypsum board. This amendment continues the previous amendment
adopted during the 2007 code adoption cycle.
2308.6.8.1 Geological With the higher seismic demand placed on buildings and structures in this region, interior walls can easily be called upon to resist over half of the seismic loading
imposed on simple buildings or structures. Without a
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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. The purpose of this amendment is to
limit the use of the exception to structures assigned to Seismic Design Category A, B, or C where lower
seismic demands are expected. Requiring interior
braced walls be supported by continuous foundations is
intended to reduce or eliminate the poor performance of buildings or structures. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the
increased risk of significant earthquakes in the County.
Table
2308.6.1
Geological This amendment specifies minimum sheathing
thickness and nail size and spacing so as to provide a
uniform standard of construction for designers and
buildings to follow. This is intended to improve the
performance level of buildings and structures that are
subject to the higher seismic demands placed on
buildings or structure in this region. This proposed
amendment reflects the recommendations by the
SEAOSC and the Los Angeles City Joint Task Force,
which investigated the performance deficiencies
observed in the 1994 Northridge Earthquake. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles, and is necessary
due to the increased risk of significant earthquakes in the County.
2308.6.9 Geological Due to the high geologic activities in the Southern California area and the required higher level of
performance of buildings and structures, this
amendment limits the use of staple fasteners in
resisting or transferring seismic forces. 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 nailed wood structural shear panels. The test results of stapled wood
structural shear panels demonstrated much lower
strength and drift than nailed wood structural shear
panel test results. Therefore, the use of staples as
fasteners to resist or transfer seismic forces shall not be permitted without being substantiated by cyclic testing.
This amendment is a continuation of a similar
amendment adopted during previous code adoption
cycles.
3115;
Table
3115.8.5.3
Climatic,
Geologic
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 recent 1994 Northridge Earthquake. The
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region is further impacted by construction of buildings and structures utilizing traditional construction materials that impact the amount of energy, air quality,
greenhouse gas emission and construction waste in the
area. The proposed amendment addresses structural
design requirements specific to intermodal shipping
containers, reduce environmental impact of unused and
unrecycled intermodal shipping containers, and
increase sustainability by reducing consumption of
traditional construction materials. The proposed
modification needs to be incorporated into the code to
assure that new buildings and additions to existing
buildings utilizing intermodal shipping containers are
designed and constructed in accordance with the scope
and objectives of the California Building Code and
California Green Building Standards Code.
Appendix C Climatic,
Geologic,
Voluntary
appendix
Los Angeles County is a diverse region with both
densely populated urban areas and rural areas with
various agricultural and animal husbandry
establishments. Many areas of the 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, particularly the rural areas, which are often used for agricultural purposes.
Furthermore, 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. Due to the need for agricultural buildings to perform appropriately in the County due to its geology
and climate, adoption of building standards for such
structures is required.
Appendix H Climatic,
Administrative,
Voluntary
appendix
Los Angeles County is a diverse region with both
densely populated urban areas and rural areas with
various signs used in the County. The Los Angeles
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. In addition, weather events occur
seasonally with high winds such as the Santa Ana
Winds. Due to the need for signs to perform well in the County due to its climate and geology, adoption of
building standards for signs is required.
H103.1 Los Angeles County is a diverse region with both densely populated urban areas and rural areas with
various signs used in the County. 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. This provision is amended
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to cross-reference to applicable legal provisions and
also to ensure that signs are located in such a way as
to avoid damage to adjacent structures and people
given the potential for earthquakes in the County.
H103.2 Geologic,
Administrative,
Voluntary
appendix
Los Angeles County is a diverse region with both
densely populated urban areas and rural areas with
various signs used in the County. 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. This provision is amended
to cross-reference to applicable legal provisions and
also to ensure that sign projections and clearances are located in such a way as to avoid damage to adjacent
structures and people given the potential for
earthquakes in the County.
H104.1 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. Due to the
risk of geologic activities in the Southern California
area, buildings and structures require a high level of
performance, which is directly proportional to the weight of a structure. By adding the weight of a sign to the
identification placard, it will improve the ability to
provide structural verification in the event of damage or future modifications.
H105.1 Administrative,
Voluntary
appendix
The amendment provides a cross reference to Chapter
24 for user convenience.
H106.1,
H106.2
Administrative,
Voluntary
appendix
This change corrects a call out from the model electrical code to the relevant local electrical code and clarifies that a separate electrical permit is required for user
convenience.
H110.1 Climatic,
Voluntary
appendix
Due to the potential for severe local weather conditions with torrential rain, it is necessary to clarify that no portions of the roof sign and supporting members may
interfere with proper roof drainage to prevent the
potential for roof collapse due to water accumulation.
H116 Climatic,
Voluntary
appendix
Due to the potential for severe local weather with high speed winds and hot, dry conditions, it is necessary that the most recent test standards as specified in Chapter
35 are adopted in lieu of the older test standards
specified in Section H116. This ensures that the risk
from fires is minimized.
J101.1 to
J101.9
Geological
Topographical
Climatic
Sections revised to include erosion and sediment
control measures to address the complex and diverse
set of soil types and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
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J101.10 Geological
Topographical
Climatic
Section revised to maintain safety and integrity of public or private property adjacent to grading sites due to the complex and diverse set of soil types, climates, and
geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J103.1 –
J103.2 and
Figure
J103.2
Geological
Topographical
Climatic
Sections revised to provide adequate control of grading operations typical to the greater Los Angeles
County/Long Beach region due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J104.2.1 –
J104.4
Geological
Topographical
Climatic
Sections revised or added to provide adequate control
of grading operations typical to the greater Los Angeles County/Long Beach region due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J105.1-
J105.14
Geological
Topographical
Climatic
Sections revised or added to provide adequate control
of grading operations typical to the greater Los Angeles County/Long Beach region due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J106.1 Geological
Topographical
Climatic
Section revised to require more stringent cut slope
ratios to address the complex and diverse set of soil
types and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J107.1-
J107.7
Geological
Topographical
Climatic
Sections revised to provide more stringent fill
requirements for slope stability and settlement due to
the complex and diverse set of soil types, climates, and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J107.8 –
J107.9
Geological
Topographical
Climatic
Sections revised to provide more stringent inspection
and testing requirements for fill slope stability due to the complex and diverse set of soil types, climates, and
geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J108.1 –
J108.4
Geological
Topographical
Climatic
Sections revised to provide more stringent slope
setback requirements to address the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J109.1 –
J109.3
Geological
Topographical
Climatic
Sections revised to provide more stringent drainage
and terracing requirements to address the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J109.5 Geological Subsection added to provide for adequate outlet of 65320.00001\40834514.2
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December 13, 2022
Topographical
Climatic
drainage flows due to the diverse set of soil types,
climates, and geologic conditions that exist in the
greater Los Angeles County/Long Beach region.
J110.1 -
J110.8.5
Geological
Topographical
Climatic
Sections revised or added to provide for State
requirements of storm water pollution prevention and
more stringent slope planting, and slope stability
requirements to control erosion due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J111 Geological
Topographical
Climatic
Section revised to reference additional standards for
soils testing due to the complex and diverse set of soil types, climates, and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
Appendix P
P101.1,
P102.1,
P103.1,
P103.4,
P107.1
Administrative,
Voluntary
appendix,
Geological
Topographical
Climatic
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, local emergency or state of emergency. The modifications to this appendix
are administrative in nature, to provide clarification of various provisions of the language of this voluntary
Appendix.
P106.1 Climatic 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.
P110.1.1,
P110.1.2
Administrative These sections are 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.
P110.3 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.
Electrical Code
Electrical Code Amendments
65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
CODE
SECTION
CONDITION EXPLANATION
220.41 Climatic The County of Los Angeles is a densely populated area with varying and occasionally immoderate temperatures
and weather conditions. This creates the need for
highly efficient buildings to reduce demand on the
electrical grid and, in turn, reduce the use of fossil fuels and improve air quality. The proposed amendment will
provide a cost-effective means for homeowners to
increase energy savings and reduce the demand on the
electrical grid by requiring the installation of an energy storage system for current or future use, with minimal
need for additional construction and modification of the existing electrical system.
Mechanical Code
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.
Plumbing Code
Plumbing Code Amendments
CODE
SECTION
CONDITION EXPLANATION
304.1 Geological
Topographical
The County of Los Angeles is a densely populated area
with buildings constructed within a region where water
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Climatic 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.
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.
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.
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.
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.
H 301.1 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 401.3 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
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H 601.5 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 601.8 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 701.2 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 1001.1 Geological
Topographical
To establish more restrictive requirements to prevent
earth movement based on local soil and seismic
conditions.
H 1101.6 Geological To establish more restrictive requirements to prevent earth movement based on local soil and seismic
conditions.
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.
Residential Code
Residential Code Amendments
CODE
SECTION
CONDITION EXPLANATION
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 65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
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.
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
65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
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.
Table
R302.1(2)
Geological 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 Geological 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.
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.
65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
R337.5.2 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.
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
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
65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
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.
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.
R602.3.2 Geological Los Angeles County is prone to seismic activity due to 65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
Table
R602.3.2
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.
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 65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
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.
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 SDPWS2015.
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 65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
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.
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.
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
65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
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.
Existing Building Code
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.
302.7 Geologic The greater Los Angeles/Long Beach region is a 65320.00001\40834514.2
Ordinance No. 2022-605
December 13, 2022
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 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. Due to these factors, the County requires a licensed architect or
engineer stamp and approval of the construction
documents.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL
STAFF REPORT
Agenda Item #C1
DATE: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Dennis Tarango, Building Official
RECOMMENDATION:
Recommendation to introduce for first reading, proceed by title only, and waive reading in full of Ordinance No. 2022-605, amending Title 15 by repealing from Title 15 Sections
15.04.020, 15.06.020, 15.08.020, 15.10.020, 15.12.020, 15.14.020, 15.20.020 and adding in lieu thereof new Sections 15.04.020, 15.06.020, 15.08.020, 15.10.020,
15.12.020, 15.14.020, 15.20.020 to Title 15 of the Hawaiian Gardens Municipal Code to adopt by reference and amend the 2022 Los Angeles County Building Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Existing Building Code and Fire Code; and set a Public Hearing and consideration of second reading for December 13, 2022.
SUMMARY
The California Building Standards Commission (hereinafter the “Building Standards Commission”) is an independent commission within the State Consumer Services Agency responsible for reviewing, adopting, and publishing building standards for the State of California. The Building Standards Commission adopts a compilation of updated building regulations every three years, which apply to any project submitted for plan check thereafter unless further amended by a local jurisdiction. The latest adoption of the State Building Codes will become effective January 1, 2023. The City of Hawaiian Gardens (the “City”) has previously adopted the Los Angeles County Amendments to the California Building Code’s 2019 Edition.
In order for the City of Hawaiian Gardens to maintain its local amendments to the aforementioned Codes, the City must adopt its amendments along with the Codes at Agenda Item #C1
November 15, 2022
the beginning of each three-year Code cycle. The City Council is asked to introduce the ordinances at its November 15, 2022 meeting, and schedule this matter for public hearing at the next available opportunity. Accordingly, and pursuant to Government Code Section 50022.3, two notices of the public hearing will be published in Community News, giving notice of the upcoming hearing on this topic at the December 13, 2022 meeting of the City Council.
DISCUSSION
The State of California adopts and publishes State Building Codes and mandates they become effective throughout the State 180 days after publication. The 2022 codes will become effective on January 1, 2023.
Although jurisdictions may choose to do so, these Codes do not have to be locally adopted to be in effect. State law, however, also permits local jurisdictions to make modifications, referred to as “local amendments,” that may be more, but in no event less, restrictive than those requirements adopted by the State. Pursuant to California Health and Safety Code sections 17958.5 and 17958.7, cities may adopt local amendments to the California Building Standards Code which are either administrative or required by the city’s unique geological, climatic, and/or topographical conditions.
Since incorporation, the City of Hawaiian Gardens has adopted the Los Angeles County Codes by reference. These County Codes contain essential local amendments and additions to the State Building Codes, justified by local topographical, climatic, and geological conditions. Included in these amendments are the administrative portions of the Codes, as well as chapters for grading, seismic requirements, and substandard properties. In order for a jurisdiction to make amendments to the State Building Codes, it must make specific findings based local climatic, geological, or topographical conditions. The County ordinances contain such amendments and each of these amendments is justified in detail to satisfy State Law with an express finding that such amendment(s) is reasonably necessary because of local climatic, geological, or topographical conditions, as shown in the attached Los Angeles County Ordinances.
The City is proposing minor amendments to the Los Angeles County Codes, all of which are administrative in nature, and which do not require additional findings.
The Ordinance would amend the fee section of the Los Angeles County code to match the current fee schedule of the City for Building division plan check and permit fees. The Ordinance would further adopt the Fees and Charges sections of Chapters 15.04 through 15.20 to adopt by reference current County fee schedule in effect at the time of any application for permits or services adopted by reference with a modified increase of
1.30 ratio.
Effective July 1st of each calendar year, Los Angeles County updates its fee schedule.
The amount of each fee adjusted as follows:
- The percentage change between March of the previous year and March of the Agenda Item #C1
November 15, 2022
current year based upon the Consumer Price Index (CPI) for all urban consumers in the Los Angeles-Long Beach-Anaheim, CA areas, as published by the United States Government Bureau of Labor Statistics.
- Each fee changed by said percentage amount is rounded off to the nearest 10 cents, provided,
- However, that no adjustment exceed the 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, LA County presents fee proposals to the Board of Supervisors for approval. Otherwise the fees are automatically updated per CPI.
As a result, every July 1st, the Building Division Permit fees will be adjusted in line with Los Angeles County fees with a 1.30 ratio. The 1.30 ratio is the current fee applied per the City’s fee resolution.
ENVIRONMENTAL DOCUMENTATION
Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The adoption of the proposed Ordinance does not have such potential, and therefore is not a project subject to CEQA.
FISCAL IMPACT
The fiscal impact to the City will be the cost to acquire two (2) sets of code books. One set is for the City Clerk and one set is for the Building Department. The estimated cost is $3,000. As required by Government Code Section 50022.6, at least one copy of each model Code to be adopted and/or amended must be on file with the City Clerk and/or Building Department at least 15 days before the date of the hearing at which the Ordinance is to be considered for adoption.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Ordinance No: 2022-605
Agenda Item #C1
November 15, 2022
B. Findings and Los Angeles County Ordinance adopting and amending the 2022 California Codes and creating the 2023 Los Angeles County Codes.
Due to the size of the Los Angeles County Ordinance, these documents can be viewed at the following links for convenience only. A physical copy of each Code to be adopted or amended by this Ordinance, including both the State Codes and the County Codes, must be on file with the City Clerk and/or the Building Official pursuant to Government Code section 50022.6.
Building Code http://file.lacounty.gov/SDSInter/bos/supdocs/173612.pdf Residential Code http://file.lacounty.gov/SDSInter/bos/supdocs/173615.pdf Electrical Code http://file.lacounty.gov/SDSInter/bos/supdocs/173568.pdf Plumbing Code http://file.lacounty.gov/SDSInter/bos/supdocs/173643.pdf Mechanical Code http://file.lacounty.gov/SDSInter/bos/supdocs/173614.pdf Existing Building Code http://file.lacounty.gov/SDSInter/bos/supdocs/173617.pdf California Codes can be viewed at https://www.dgs.ca.gov/BSC/Codes 65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
ORDINANCE NO. 2022-605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN
GARDENS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AMENDING TITLE 15 OF THE HAWAIIAN GARDENS MUNICIPAL CODE BY REPEALING TITLE 15 SECTIONS 15.04.020, 15.06.020, 15.08.020, 15.10.020,
15.12.020, 15.14.020, AND 15.20.020, AND ADDING IN LIEU THEREOF NEW SECTIONS 15.04.020, 15.06.020, 15.08.020, 15.10.020, 15.12.020, 15.14.020,
15.20.020 TO TITLE 15 OF THE HAWAIIAN GARDENS MUNICIPAL CODE, ADOPTING BY REFERENCE AND AMENDING THE 2022 LOS ANGELES
COUNTY BUILDING CODE, ELECTRICAL CODE, MECHANICAL CODE,
PLUMBING CODE, RESIDENTIAL CODE, EXISTING BUILDING CODE, AND FIRE CODE.
WHEREAS, the 2022 California Building Standards Code (California Code of Regulations, Title 24) has been published by the California Building Standards Commission and will become effective on January 1st, 2023; and WHEREAS, the City of Hawaiian Gardens is permitted by California Health and Safety Code sections 17958.5 and 17958.7 to amend the California Code of Regulations Title 24 by adoption and amendment only prior to January 1, 2023 based on express findings because of local climatic, geologic, and/or topographic conditions; and
WHEREAS, on November 15, 2022, the Board of Supervisors of the County of Los Angeles will adopt by reference and amended the 2022 California Building Standards Code (including the California Building, Residential, Electrical, Mechanical, Plumbing, Existing Building, and Fire Codes); and
WHEREAS, the City of Hawaiian Gardens finds that the amendments to the California Building, Residential, Electrical, Mechanical, Plumbing, Existing Building, and Fire Codes as adopted by the County of Los Angeles are necessary and appropriate for the City of Hawaiian Gardens because of local climatic, geologic, and/or topographic conditions; and
WHEREAS, the City of Hawaiian Gardens finds that further administrative amendments to the 2022 Los Angeles County Building, Residential, Electrical, Mechanical, Plumbing, Existing Building, and Fire Codes; and WHEREAS, the City of Hawaiian Gardens is located within the County of Los Angeles, and the City Council believes that the findings made by the Los Angeles County Board of Supervisors are applicable to and consistent with the desire of the City of Hawaiian Gardens to provide the most technically proficient and safe construction codes possible while also taking local topographic, climatic, and geologic conditions into account; and
65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
WHEREAS, the Los Angeles County Building, Residential, Electrical, Mechanical, Plumbing, Existing Building and Fire Codes are used throughout the County of Los Angeles and a significant portion of the incorporated cities within the County of Los Angeles; and
WHEREAS, the Los Angeles County Codes are common, readily available for purchase, and well known to contractors, engineers, and architects; and WHEREAS, in accordance with Section 15061(b)(3) of Title 14 of the California Code of Regulations, the adoption of local amendments to the California Building Standards Code which amends the Hawaiian Gardens Municipal Code are exempt from the provisions of the California Environmental Quality Act.
SECTION 1. FINDINGS. The City Council finds that certain local climatic, geologic, and/or topographical conditions exist as follows:
[The City of Hawaiian Gardens is one of the most densely populated cities in southern California. Homes and other buildings are often very close to one another making fire spread more likely, and enhancing the likelihood of rodents to migrate from one to another. Further, the overhead clutter of utility lines reduces the aesthetic quality of the City. The City is also located in a densely populated area having building constructed over or near a vast array of earthquake fault system capable of producing major earthquakes. The City is also located in an area that is at risk to fires due to seasonal strong winds, low humidity and dry vegetation.
After due consideration, the City Council finds and determines that local climatic, geologic, and topographic conditions make modifications and changes to the 2022 Edition of the California Building Code reasonably necessary to provide sufficient and effective protection of life, health, and property. A summary of the applicable findings as they relate to each local amendment is attached hereto as Exhibit “A”.
SECTION 2. Hawaiian Gardens Municipal Code section 15.04.020 is hereby amended to read as follows:
“15.04.020 Adoption of 2022 California Building Code as amended by Title 26 Los Angeles County Building Code.
A. The 2022 California Building Code as amended by Title 26 Los Angeles County Building Code, together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the city, provide for the issuance of permits and collection of fees therefor, are hereby adopted by reference, and conflicting ordinances are hereby repealed.
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B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C. Section 106.3 of Chapter 1 of Title 26 of the Los Angeles County Building Code is hereby amended to read as follows:
106.3 Work Exempted. A building permit shall not be required for the following:
1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2), the height does not exceed 12 feet (3.69 m), and the maximum roof projection does not exceed 24 inches (610 mm).
2. Wood, wrought iron, and similar fences not over 6 feet in height which are not used as a barrier to private swimming pools, spas or hot tubs, and masonry, concrete and similar garden or pilaster fences not over 3 feet high. Fences shall comply with the City’s Zoning Code regardless whether a permit is required or not.
3. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 1½.
4. Gantry cranes and similar equipment.
5. Retaining walls that retain not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding a Class I, II, or III-A liquids.
6. Motion picture, television and theater stage sets and scenery, except when used as a building.
7. Ground mounted radio and television antennae towers which do not exceed 45 feet (13,716 mm) in height and ground supported dish antennas not exceeding 15 feet (4,572 mm) in height above finished grade in any position.
8. Light standards which do not exceed 30 feet (9,144 mm) in height.
9. Flagpoles not erected upon a building and not more than 15 feet (4,572 mm) high.
10. A tree house, provided that:
10.1 It does not exceed 64 square feet (5.94 m2) in area nor 8 feet (2,438 mm) in height from floor to roof.
10.2 The ceiling height as established by door height or plate line does not exceed 6 feet (1,829 mm).
11. Canopies or awnings, completely supported by the exterior wall, attached to a Group R-3 or U Occupancy and extending not more than 54 inches (1,372 mm) from the exterior wall of the building.
12. Sheds, office or storage buildings, and other structures that are less than 1,500 square feet (139 m2) and incidental to work authorized by a valid grading or building permit. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit.
13. A portable metal hanger located on County-owned airports, provided that:
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13.1 It is less than 2,000 square feet (18.58 m2) in area;
13.2 It is used exclusively for the parking of aircraft;
13.3 It bears the Department of Motor Vehicles, State of California, insignia of approval for movement on any highway;
13.4 It incorporates as an integral part of its basic construction a hitch or coupling device for towing;
13.5 It can accommodate, without further structural change, wheel and axle assemblies to provide a safe means of portability;
13.6 It is equipped with permanent ventilation to prevent the accumulation of combustible gases; and
13.7 It is not provided with water or sanitary facilities.
14. Oil derricks.
15. Platforms, walks and driveways not more than 30 inches (762 mm) above grade, not over any basement or story below, and which are not part of an accessible route.
16. Prefabricated swimming pools, spas and other bodies of water accessory to a Group R-3 Occupancy and less than 18 inches (0.46 m) deep, and do not exceed 5,000 gallons (18,927 L) and are installed entirely above adjacent grade.
Fences, gates, door alarms, and other protection devices that are accessory to the prefabricated swimming pool are not exempt from permit requirements.
17. Playground equipment accessory to a Group R-3 occupancy.
18. One-story buildings or structures used as dog kennels, chicken coops, animal pens, or shade structures provided the gross floor area does not exceed 120 square feet (11.15 m2) and the height does not exceed six feet (1,829 mm).
Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.
Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code, or other laws or ordinances.
D. Section 107.1 - Building Permit Fees of Chapter 1 of Title 26 of the Los Angeles County Building Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.04.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 26, Fees and shall be increased by thirty (30) percent.”
SECTION 3. Hawaiian Gardens Municipal Code section 15.06.020 is hereby amended to read as follows:
“15.06.020 Adoption of 2022 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code.
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A. The 2022 California Electrical Code as amended by Title 27 Los Angeles County Electrical Code, together with their annexes, which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and workmanship in the city, provides for the issuance of permits and collection of fees therefor, with all changes and amendments thereto, is hereby adopted by reference, and all conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C. Section 82.8 - Fees of Article 82 of Title 27 of the Los Angeles County Electrical Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.06.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 27, Fees and shall be increased by thirty (30) percent.”
SECTION 4. Hawaiian Gardens Municipal Code section 15.08.020 is hereby amended to read as follows:
“15.08.020 Adoption of 2022 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code.
A. The 2022 California Mechanical Code as amended by Title 29 Los Angeles County Mechanical Code, together with their appendices, which regulate and control the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, venting, cooling, refrigeration systems, or other miscellaneous heat-producing appliances in the city, provides for the issuance of permits and collection of fees therefor, with certain changes and amendments thereto, is hereby adopted by reference, and all conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions, and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C Section 110.2 - Fees of Chapter 1 of Title 29 of the Los Angeles County Mechanical Code is hereby amended to read as follows:
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fee set forth by Los Angeles County, Title 29, Fees and shall be increased by thirty (30) percent.”
SECTION 5. Hawaiian Gardens Municipal Code section 15.10.020 is hereby amended to read as follows:
“15.10.020 Adoption of 2022 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code.
A. The 2022 California Plumbing Code as amended by Title 28 Los Angeles County Plumbing Code, together with their appendices, which provide minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of plumbing and drainage, materials, venting, wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related products, and workmanship in the city, provide for the issuance of permits and collection of fees therefor, with certain changes and amendments thereto, are hereby adopted by reference and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the City Clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C Section 102.2 - Fees of Chapter 1 of Title 28 of the Los Angeles County Plumbing Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.10.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 28, Fees and shall be increased by thirty (30) percent.”
SECTION 6. Hawaiian Gardens Municipal Code section 15.12.020 is hereby amended to read as follows:
“15.12.020 Adoption of 2022 California Residential Code as amended by Title 30 Los Angeles County Residential Code.
A. The 2022 California Residential Code as amended by Title 30 Los Angeles County Residential Code, together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of certain residential buildings or structures within the city, provide for the issuance of permits and collection of fees therefor, are hereby adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of 65320.00001\40834514.2
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this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.
C. Section 107.1 - Building Permit Fees of Chapter 1 of Title 30 of the Los Angeles County Building Code is hereby amended to read as follows:
Notwithstanding the provisions of Section 15.12.020, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by Los Angeles County, Title 30, Fees and shall be increased by thirty (30) percent.”
SECTION 7. Hawaiian Gardens Municipal Code section 15.14.020 is hereby amended to read as follows:
“15.14.020 Adoption of 2022 California Existing Building Code as amended by Title 33 Los Angeles County Existing Building Code.
A. The 2022 California Existing Building Code as amended by Title 33 Los Angeles County Existing Building Code, together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of certain existing buildings or structures within the city, provide for the issuance of permits and collection of fees therefor, are hereby adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.”
SECTION 8. Hawaiian Gardens Municipal Code section 15.20.020 is hereby amended to read as follows:
“15.20.020 Adoption of 2022 California Fire Code as amended by Title 32 of the Los Angeles County Fire Code.
A. The 2022 California Fire Code as amended by Title 32 Los Angeles County Fire Code, together with their appendices are hereby adopted by reference, and conflicting ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the city clerk’s office, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions, and amendments thereto as set forth in this chapter.”
SECTION 9. The Mayor or presiding officer of the City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council. 65320.00001\40834514.2
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SECTION 10. This Ordinance is not a project within the meaning of CEQA Guidelines section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 11. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law, or in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of City Clerk and shall cause the same to be filed with the California Building Standards Commission at 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833.
SECTION 12. This Ordinance shall go into effect and be in full force and operation on January 1, 2023, or 30 days after its adoption by the City Council of the City of Hawaiian Gardens, whichever is later.
SECTION 13. If any chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council on the 13th day of December, 2022.
______________________________
Luis Roa, Mayor
ATTEST:
_______________________________
Pablo Rubio, City Clerk
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EXHIBIT “A”
After due consideration, the City Council finds and determines that these local climatic, geological, and topographical conditions make modifications and changes to the California Building Standards Code reasonably necessary to provide sufficient and effective protection of life, health, and property. The California Building Standards Code is therefore modified, amended, added to, and changed based on the following findings and as further set forth below:
Building Code
Building Code Amendments
CODE
SECTION
CONDITION EXPLANATION
106.3 Administrative Modifies list of projects for which a building permit is not required.
106.3.2,
Item 2
Administrative
Geologic
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. Due to the
risk of geologic activities in the Southern California
area, buildings and structures require a high level of
performance. This existing local enforcement provision
limits the height of fences built without a permit in order to reduce the chance of failure of fences that may be
built improperly. Because fences that are exempt from
permits are constructed without the benefit of inspection to verify that proper construction methods are used, it has been observed that fences are commonly built
without proper footings and/or reinforcement, which
causes leaning and collapse of the fence.
107.1 Administrative Specifies how fees for plan check, inspection, and miscellaneous services shall be based on LA County
fees.
701A.1 Climatic Clarifies the application of Chapter 7A to include additions, alterations, and/or relocated buildings. Many areas of the 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.
701A.3 Climatic Clarifies the application of Chapter 7A to include additions, alterations, and/or relocated buildings. Many areas of the County have been designated as Fire
Hazard Severity Zones due to the increased risk of fire caused by low humidity, strong winds, and dry
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vegetation. Additions, alterations, and/or relocated
buildings have the same fire risk as new buildings.
701A.3.1 Climatic Clarifies the application of Chapter 7A to include additions, alterations, and/or relocated buildings. Many areas of the 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.
703A.5.2
and
703A.5.2.2
Climatic Disallows the use of wood-shingle/wood-shake roofs due to the increased risk of fire in the County caused by low humidity, strong winds, and dry vegetation in high
fire severity zones.
704A.4 Climatic Disallows the use of wood-shingle/wood-shake roofs due to the increased risk of fire in the County caused by low humidity, strong winds, and dry vegetation in high
fire severity zones.
705A.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 the County caused by low
humidity, strong winds, and dry vegetation in high fire severity zones.
1031.2.1 Geological The greater Los Angeles/Long Beach region is a densely populated area having buildings constructed
over and near a vast array of earthquake fault systems
capable of producing major earthquakes, including, but
not limited to, the 1994 Northridge Earthquake. The
proposed amendment is intended to prevent occupants
from being trapped in a building and to allow rescue
workers to easily enter after an earthquake.
Table
1507.3.7
Geological Table amended to require proper anchorage for clay or concrete tiles from sliding or rotating due to the
increased risk of significant earthquakes in the County.
This amendment incorporates the design provisions
developed based on detailed study of the 1994
Northridge and the 1971 Sylmar earthquakes.
1613.5 and
1613.5.1
Geological Observed damages to one- and two-family dwellings of light frame construction after the Northridge Earthquake may have been partially attributed to vertical
irregularities common to this type of occupancy and
construction. In an effort to improve quality of
construction and incorporate lesson learned from
studies after the Northridge Earthquake, the proposed
modification to ASCE 7-16, Section 12.2.3.1, Exception
3, by limiting the number of stories and height of the
structure to two stories will significantly minimize the impact of vertical irregularities and concentration of
inelastic behavior from mixed structural systems. This
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proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1613.5.2 Geological A joint Structural Engineers Association of Southern California (SEAOSC), Los Angeles County and Los
Angeles City Task Force investigated the performance
of concrete and masonry construction with flexible
wood diaphragm failures after the Northridge
earthquake. It was concluded at that time that
continuous ties are needed at specified spacing to
control cross grain tension in the interior of the
diaphragm. Additionally, there was a need to limit
subdiaphragm allowable shear loads to control
combined orthogonal stresses within the diaphragm.
Recognizing the importance and need to continue the
recommendation made by the task force while taking
into consideration the improved performances and
standards for diaphragm construction today, this
proposal increases the continuous tie spacing limit to
40 ft in lieu of 25 ft and to use 75% of the allowable
code diaphragm shear to determine the depth of the
subdiaphragm in lieu of the 300 plf and is deemed
appropriate and acceptable. Due to the frequency of
this type of failure during the past significant
earthquakes, various jurisdictions within the Los
Angeles region have taken this additional step to
prevent roof or floor diaphragms from pulling away from concrete or masonry walls. This proposed amendment
is a continuation of an amendment adopted during
previous code adoption cycles.
1613.5.3 Geological The inclusion of the importance factor in this equation has the unintended consequence of reducing the
minimum seismic separation distance for important
facilities such as hospitals, schools, police, and fire stations from adjoining structures. The proposal to omit the importance factor from Equation 12.12-1 will ensure that a safe seismic separation distance is provided.
This proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles.
1613.6 Geological
Topographical
Section is added to improve seismic safety of buildings constructed on or into hillsides. Due to the local
topographical and geological conditions of the sites
within the greater Los Angeles/Long Beach region and
their probabilities for earthquakes, this technical
amendment is required to address and clarify special
needs for buildings constructed on hillside locations. A SEAOSC and Los Angeles City Joint Task Force
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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
both the City and County of Los Angeles for several
years with much success. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles.
1613.7 Geological 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 proposed
modification requiring safe design and construction
requirements for ceiling suspension systems to resist
seismic loads is intended to minimize the amount of
damage within a building and therefore needs to be
incorporated into the code to assure that new buildings and additions to existing buildings are designed and
constructed in accordance with the scope and
objectives of the California Building Code.
1704.6 Geological
Administrative
The language in section 1704.6 of the California
Building Code permits the owner to employ any
registered design professional to perform structural
observations with minimum guidelines. However, it is
important that the registered design professional
responsible for the structural design has thorough
knowledge of the building he/she designed. By
requiring the registered design professional responsible for the structural design, or their designee, who was
involved with the design to observe the construction,
the quality of the observation for major structural
elements and connections that affect the vertical and
lateral load resisting systems of the structure will be greatly increased. Additional requirements are provided to help clarify the role and duties of the structural
observer and the method of reporting and correcting
observed deficiencies to the Building Official. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles, and is necessary
due to the increased risk of significant earthquakes in the County
1704.6.1 Geological With the higher seismic demand placed on buildings and structures in this region, the language in section
1704.6.1, Item 3, of the California Building Code would permit many low-rise buildings and structures with
complex structural elements to be constructed without
the benefit of a structural observation. By requiring a registered design professional to observe the
construction, the quality of the observation for major
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structural elements and connections that affect the
vertical and lateral load resisting systems of the
structure will be greatly increased. An exception is
provided to permit simple structures and buildings to be excluded. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1705.3 Geological Results from studies after the 1994 Northridge Earthquake indicated that a significant portion of the
damage was attributable to lack of quality control during construction resulting in poor performance of the
building or structure. Therefore, the amendment
restricts the exceptions to the requirement for special inspection. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1705.13 Geological In Southern California, very few detached one- or twofamily dwellings not exceeding two stories above grade plane are built as "box-type" structures specially for
those in hillside areas and near the oceanfront. Many
with steel moment frames or braced frames, and/or
cantilevered columns, can still be shown as "regular"
structures by calculations. With the higher seismic
demand placed on buildings and structures in this
region, the language in section 1705.13, Item 3, of the California Building Code would permit many detached
one- or two-family dwellings not exceeding two stories
above grade plane with complex structural elements to
be constructed without the benefit of special
inspections. By requiring special inspections, the quality of major structural elements and connections that affect the vertical and lateral load resisting systems of the
structure will be greatly increased. The exception
should only be allowed for detached one- or two-family
dwellings not exceeding two stories above grade plane
assigned to Seismic Design Categories A, B, and C.
1807.1.4 Climatic
Geological
No substantiating data has been provided to show that
a wood foundation is effective in supporting buildings
and structures during a seismic event while being
subject to deterioration caused by the combined
detrimental effect of constant moisture in the soil and wood-destroying organisms. Wood retaining walls,
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 and temperate
weather in the Southern California region and are not
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generally familiar with the necessary precautions and
treatment of wood that makes it suitable for both
seismic events and wet applications. The proposed
amendment takes the necessary precautionary steps to
reduce or eliminate potential problems that may result
by using wood foundations that experience relatively
rapid decay due to the fact that the region does not
experience temperatures cold enough to destroy or
retard the growth and proliferation of wood-destroying
organisms. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the local climate and
the increased risk of significant earthquakes in the
County.
1807.1.6 Geological With the higher seismic demand placed on buildings and structures in this region, it is necessary to take
precautionary steps to reduce or eliminate potential
problems that may result by following prescriptive
design provisions that do not take into consideration the surrounding environment. Plain concrete performs
poorly in withstanding the cyclic forces resulting from seismic events. In addition, no substantiating data has been provided to show that under-reinforced foundation
walls are effective in resisting seismic loads, and may potentially lead to a higher risk of failure. It is important that the benefit and expertise of a registered design
professional be obtained to properly analyze the
structure and take these issues into consideration. This amendment is a continuation of an amendment adopted
during previous code adoption cycles.
1807.2 Climatic,
Geological
No substantiating data has been provided to show that
wood foundation systems are effective in supporting
buildings and structures during a seismic event while
being subject to deterioration caused by the combined
detrimental effects of constant moisture in the soil and wood-destroying organisms. Wood foundation systems
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 and temperate 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. The proposed amendment takes
the precautionary steps to reduce or eliminate potential problems that may result in using wood foundation
systems that experience relatively rapid decay due to
the fact that the region does not experience
temperatures cold enough to destroy or retard the
growth and proliferation of wood-destroying organisms.
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This proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles.
1807.3.1 Climatic,
Geological
No substantiating data has been provided to show that
wood foundation systems are effective in supporting
buildings and structures during a seismic event while
being subject to deterioration caused by the combined
detrimental effects of constant moisture in the soil and wood-destroying organisms. Wood foundation systems
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 and temperate 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. The proposed amendment takes
the precautionary steps to reduce or eliminate potential problems that may result in using wood foundation
systems that experience relatively rapid decay due to
the fact that the region does not experience
temperatures cold enough to destroy or retard the
growth and proliferation of wood-destroying organisms.
This proposed amendment is a continuation of an
amendment adopted during previous code adoption
cycles.
1809.3 and
Figure
1809.3
Geological With the higher seismic demand placed on buildings and structures in this region, it is necessary to take
precautionary steps to reduce or eliminate potential
problems that may result for under-reinforced footings
located on sloped surfaces. Requiring minimum
reinforcement for stepped footings is intended to
address the problem of poor performance of plain or
under-reinforced footings during a seismic event. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles.
1809.7 and
Table
1809.7
Geological No substantiating data has been provided to show that under-reinforced footings are effective in resisting
seismic loads, and therefore they may potentially lead
to a higher risk of failure. This amendment requires
minimum reinforcement in continuous footings to
address the problem of poor performance of plain or
under-reinforced footings during a seismic event. With
the higher seismic demand placed on buildings and
structures in this region, it is necessary to take
precautionary steps to reduce or eliminate potential
problems that may result by following prescriptive
design provisions for footings that do not take into
consideration the surrounding environment. It is
important that the benefit and expertise of a registered 65320.00001\40834514.2
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design professional be obtained to properly analyze the structure and take these factors into consideration. This amendment reflects the recommendations by the
SEAOSC and the Los Angeles City Joint Task Force,
which investigated the performance deficiencies
observed in the 1994 Northridge Earthquake. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles.
1809.12 Climatic
Geological
No substantiating data has been provided to show that
timber footings are effective in supporting buildings and structures during a seismic event while being subject to deterioration caused by the combined detrimental
effects of constant moisture in the soil and wooddestroying organisms. Timber footings, when they are not properly treated and protected against deterioration, have performed very poorly. Most contractors are
typically accustomed to construction in dry and
temperate 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.
The proposed amendment takes the necessary
precautionary steps to reduce or eliminate potential
problems, which may result by using timber footings
that experience relatively rapid decay due to the fact
that the region does not experience temperatures cold
enough to destroy or retard the growth and proliferation of wood-destroying organisms. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the local climate and the increased risk of significant
earthquakes in the County.
1810.3.2.4 Climatic
Geological
No substantiating data has been provided to show that
timber footings are effective in supporting buildings and structures during a seismic event while being subject to deterioration caused by the combined detrimental
effects of constant moisture in the soil and wooddestroying organisms. Timber footings, when they are not properly treated and protected against deterioration, have performed very poorly. Most contractors are
typically accustomed to construction in dry and
temperate 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.
The proposed amendment takes the necessary
precautionary steps to reduce or eliminate potential
problems that may result by using timber footings that
experience relatively rapid decay due to the fact that
the region does not experience temperatures cold
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enough to destroy or retard the growth and proliferation of wood-destroying organisms. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the local climate and the increased risk of significant
earthquakes in the County.
1905.1 Geological This amendment is intended to carry over critical provisions for the design of concrete columns in
moment frames from the legacy 1997 Uniform Building
Code. Increased confinement is critical to the integrity of such columns and these modifications ensure that it
is provided when certain thresholds are exceeded. In
addition, this amendment carries over from the legacy
1997 Uniform Building Code a critical provision for the design of concrete shear walls. It essentially limits the use of very highly gravity-loaded walls in being included in the seismic load resisting system, since their failure could have catastrophic effect on the building.
Furthermore, this amendment was incorporated in the
code based on observations from the 1994 Northridge
Earthquake. Rebar placed in very thin concrete topping
slabs have been observed in some instances to have
popped out of the slab due to insufficient concrete
coverage. This modification ensures that critical
boundary and collector rebars are placed in sufficiently thick topping slab to prevent buckling of such
reinforcements. This proposed amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the
increased risk of significant earthquakes in the County. 1905.1.7 Geological This amendment requires minimum reinforcement in continuous footings to address the problem of poor
performance of plain or under-reinforced footings during a seismic event. This amendment reflects the
recommendations by the SEAOSC and the Los
Angeles City Joint Task Force, which investigated the
poor performance observed in the 1994 Northridge
Earthquake. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
1905.1.8
through
1905.1.11
Geological These amendments are intended to carry over critical provisions for the design of concrete columns in
moment frames from the Uniform Building Code (UBC).
Increased confinement is critical to the integrity of such columns and these modifications ensure that it is
provided when certain thresholds are exceeded. In
addition, this amendment carries over from the UBC a
critical provision for the design of concrete shear walls.
It essentially limits the use of very highly gravity-loaded 65320.00001\40834514.2
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walls from being included in the seismic load resisting system, since their failure could have a catastrophic
effect on the building. Furthermore, this amendment
was incorporated into this Code based on observations
from the 1994 Northridge Earthquake. Rebar placed in
very thin concrete topping slabs has been observed in
some instances to have popped out of the slab due to
insufficient concrete coverage. This modification
ensures that critical boundary and collector rebars are placed in sufficiently thick slabs to prevent buckling of such reinforcements. This amendment is a continuation
of an amendment adopted during previous code
adoption cycles, and is necessary due to the increased
risk of significant earthquakes in the County.
2304.10.2
and Table
2304.10.2
Geological Due to the high geologic activities in the Southern California area and the expected higher level of
performance on buildings and structures, this proposed
local amendment limits the use of staple fasteners in
resisting or transferring seismic forces. 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 nailed wood structural shear panels. The test results of stapled wood
structural shear panels demonstrated much lower
strength and drift than nailed wood structural shear
panel test results. Therefore, the use of staples as
fasteners to resist or transfer seismic forces shall not be permitted without being substantiated by cyclic testing.
This amendment is a continuation of a similar
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
2304.10.3.1 Geological The overdriving of nails into the structural wood panels still remains a concern when pneumatic nail guns are
used for wood structural panel shear wall nailing. Box
nails were observed to cause massive and multiple
failures of the typical 3/8-inch thick plywood during the 1994 Northridge Earthquake. The use of clipped head
nails continues to be restricted from use in wood
structural panel shear walls where the minimum nail
head size must be maintained in order to minimize nails from pulling through sheathing materials. Clipped or
mechanically driven nails used in wood structural panel shear wall construction were found to perform much
worse in previous wood structural panel shear wall
testing done at the University of California Irvine. The existing test results indicated that, under cyclic loading, the wood structural panel shear walls were less energy
absorbent and less ductile. The panels reached
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ultimate load capacity and failed at substantially less lateral deflection than those using same-size handdriven nails. This amendment reflects the recommendations by the SEAOSC and the Los
Angeles City Joint Task Force, which investigated the
poor performance observed in the 1994 Northridge
Earthquake. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
2304.12.2.8 Climatic
Geological
No substantiating data has been provided to show that
wood used in retaining or crib walls is effective in
supporting buildings and structures during a seismic
event while being subject to deterioration caused by the combined detrimental effect of constant moisture in the soil and wood-destroying organisms. Wood used in
retaining or crib walls, when it is not properly treated and protected against deterioration, has performed very poorly. Most contractors are typically accustomed to
construction in dry and temperate 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. The proposed amendment takes
the necessary precautionary steps to reduce or
eliminate potential problems that may result by using
wood in retaining or crib walls, which experience
relatively rapid decay due to the fact that the region
does not experience temperatures cold enough to
destroy or retard the growth and proliferation of wooddestroying organisms. This amendment is a continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the local climate and the increased risk of significant
earthquakes in the County.
2305.4 Geological Many of the hold-down connectors currently in use do not have any acceptance report based on dynamic
testing protocols. This amendment continues to limit the allowable capacity to 75% of the acceptance report
value to provide an additional factor of safety for
statically tested anchorage devices. Cyclic forces
imparted on buildings and structures by seismic activity cause more damage than equivalent forces that are
applied in a static manner. Steel plate washers will
reduce the additional damage that can result when
hold-down connectors are fastened to wood framing
members. This amendment reflects the
recommendations by the SEAOSC and the Los
Angeles City Joint Task Force, which investigated the
poor performance observed in the 1994 Northridge
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Earthquake. This amendment is a continuation of an
amendment adopted during previous code adoption
cycles, and is necessary due to the increased risk of
significant earthquakes in the County.
2306.2
2306.3
2307.2
2308.6.5.1
2308.6.5.2
Figure
2308.6.5.1
and Figure
2308.6.5.2
Geological The SEAOSC and the Los Angeles City Joint Task Force that investigated damage to buildings and
structures during the 1994 Northridge Earthquake
recommended reducing allowable shear values in wood
structural panel shear walls or diaphragms that were
not substantiated by cyclic testing. That
recommendation was consistent with a report to the
Governor from the Seismic Safety Commission of the
State of California recommending that code
requirements be "more thoroughly substantiated with
testing." The allowable shear values for wood structural panel shear walls or diaphragms fastened with staples
are based on monotonic testing and do not take into
consideration that earthquake forces load shear wall or diaphragm in a repeating and fully reversible manner. In September 2007, limited cyclic testing was conducted
by a private engineering firm to determine if wood
structural panels fastened with staples would exhibit the same behavior as wood structural panels fastened with
common nails. The test result revealed that wood
structural panels fastened with staples demonstrated
much lower strength and stiffness than wood structural
panels fastened with common nails. It was
recommended that the use of staples as fasteners for
wood structural panel shear walls or diaphragms not be
permitted to resist seismic forces in structures assigned to Seismic Design Categories D, E, and F unless it can
be substantiated by cyclic testing. Furthermore, the
cities and unincorporated areas within the greater Los
Angeles/Long Beach region have taken extra measures
to maintain the structural integrity of the framing of
shear walls and diaphragms designed for high levels of
seismic forces by requiring wood sheathing be applied
directly over the framing members and prohibiting the
use of panels placed over gypsum sheathing. This
amendment is intended to prevent the undesirable
performance of nails when gypsum board softens due
to cyclic earthquake displacements and the nail
ultimately does not have any engagement in a solid
material within the thickness of the gypsum board. This amendment continues the previous amendment
adopted during the 2007 code adoption cycle.
2308.6.8.1 Geological With the higher seismic demand placed on buildings and structures in this region, interior walls can easily be called upon to resist over half of the seismic loading
imposed on simple buildings or structures. Without a
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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. The purpose of this amendment is to
limit the use of the exception to structures assigned to Seismic Design Category A, B, or C where lower
seismic demands are expected. Requiring interior
braced walls be supported by continuous foundations is
intended to reduce or eliminate the poor performance of buildings or structures. This amendment is a
continuation of an amendment adopted during previous
code adoption cycles, and is necessary due to the
increased risk of significant earthquakes in the County.
Table
2308.6.1
Geological This amendment specifies minimum sheathing
thickness and nail size and spacing so as to provide a
uniform standard of construction for designers and
buildings to follow. This is intended to improve the
performance level of buildings and structures that are
subject to the higher seismic demands placed on
buildings or structure in this region. This proposed
amendment reflects the recommendations by the
SEAOSC and the Los Angeles City Joint Task Force,
which investigated the performance deficiencies
observed in the 1994 Northridge Earthquake. This
amendment is a continuation of an amendment adopted
during previous code adoption cycles, and is necessary
due to the increased risk of significant earthquakes in the County.
2308.6.9 Geological Due to the high geologic activities in the Southern California area and the required higher level of
performance of buildings and structures, this
amendment limits the use of staple fasteners in
resisting or transferring seismic forces. 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 nailed wood structural shear panels. The test results of stapled wood
structural shear panels demonstrated much lower
strength and drift than nailed wood structural shear
panel test results. Therefore, the use of staples as
fasteners to resist or transfer seismic forces shall not be permitted without being substantiated by cyclic testing.
This amendment is a continuation of a similar
amendment adopted during previous code adoption
cycles.
3115;
Table
3115.8.5.3
Climatic,
Geologic
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 recent 1994 Northridge Earthquake. The
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region is further impacted by construction of buildings and structures utilizing traditional construction materials that impact the amount of energy, air quality,
greenhouse gas emission and construction waste in the
area. The proposed amendment addresses structural
design requirements specific to intermodal shipping
containers, reduce environmental impact of unused and
unrecycled intermodal shipping containers, and
increase sustainability by reducing consumption of
traditional construction materials. The proposed
modification needs to be incorporated into the code to
assure that new buildings and additions to existing
buildings utilizing intermodal shipping containers are
designed and constructed in accordance with the scope
and objectives of the California Building Code and
California Green Building Standards Code.
Appendix C Climatic,
Geologic,
Voluntary
appendix
Los Angeles County is a diverse region with both
densely populated urban areas and rural areas with
various agricultural and animal husbandry
establishments. Many areas of the 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, particularly the rural areas, which are often used for agricultural purposes.
Furthermore, 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. Due to the need for agricultural buildings to perform appropriately in the County due to its geology
and climate, adoption of building standards for such
structures is required.
Appendix H Climatic,
Administrative,
Voluntary
appendix
Los Angeles County is a diverse region with both
densely populated urban areas and rural areas with
various signs used in the County. The Los Angeles
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. In addition, weather events occur
seasonally with high winds such as the Santa Ana
Winds. Due to the need for signs to perform well in the County due to its climate and geology, adoption of
building standards for signs is required.
H103.1 Los Angeles County is a diverse region with both densely populated urban areas and rural areas with
various signs used in the County. 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. This provision is amended
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to cross-reference to applicable legal provisions and
also to ensure that signs are located in such a way as
to avoid damage to adjacent structures and people
given the potential for earthquakes in the County.
H103.2 Geologic,
Administrative,
Voluntary
appendix
Los Angeles County is a diverse region with both
densely populated urban areas and rural areas with
various signs used in the County. 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. This provision is amended
to cross-reference to applicable legal provisions and
also to ensure that sign projections and clearances are located in such a way as to avoid damage to adjacent
structures and people given the potential for
earthquakes in the County.
H104.1 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. Due to the
risk of geologic activities in the Southern California
area, buildings and structures require a high level of
performance, which is directly proportional to the weight of a structure. By adding the weight of a sign to the
identification placard, it will improve the ability to
provide structural verification in the event of damage or future modifications.
H105.1 Administrative,
Voluntary
appendix
The amendment provides a cross reference to Chapter
24 for user convenience.
H106.1,
H106.2
Administrative,
Voluntary
appendix
This change corrects a call out from the model electrical code to the relevant local electrical code and clarifies that a separate electrical permit is required for user
convenience.
H110.1 Climatic,
Voluntary
appendix
Due to the potential for severe local weather conditions with torrential rain, it is necessary to clarify that no portions of the roof sign and supporting members may
interfere with proper roof drainage to prevent the
potential for roof collapse due to water accumulation.
H116 Climatic,
Voluntary
appendix
Due to the potential for severe local weather with high speed winds and hot, dry conditions, it is necessary that the most recent test standards as specified in Chapter
35 are adopted in lieu of the older test standards
specified in Section H116. This ensures that the risk
from fires is minimized.
J101.1 to
J101.9
Geological
Topographical
Climatic
Sections revised to include erosion and sediment
control measures to address the complex and diverse
set of soil types and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
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J101.10 Geological
Topographical
Climatic
Section revised to maintain safety and integrity of public or private property adjacent to grading sites due to the complex and diverse set of soil types, climates, and
geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J103.1 –
J103.2 and
Figure
J103.2
Geological
Topographical
Climatic
Sections revised to provide adequate control of grading operations typical to the greater Los Angeles
County/Long Beach region due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J104.2.1 –
J104.4
Geological
Topographical
Climatic
Sections revised or added to provide adequate control
of grading operations typical to the greater Los Angeles County/Long Beach region due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J105.1-
J105.14
Geological
Topographical
Climatic
Sections revised or added to provide adequate control
of grading operations typical to the greater Los Angeles County/Long Beach region due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J106.1 Geological
Topographical
Climatic
Section revised to require more stringent cut slope
ratios to address the complex and diverse set of soil
types and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J107.1-
J107.7
Geological
Topographical
Climatic
Sections revised to provide more stringent fill
requirements for slope stability and settlement due to
the complex and diverse set of soil types, climates, and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J107.8 –
J107.9
Geological
Topographical
Climatic
Sections revised to provide more stringent inspection
and testing requirements for fill slope stability due to the complex and diverse set of soil types, climates, and
geologic conditions that exist in the greater Los Angeles County/Long Beach region.
J108.1 –
J108.4
Geological
Topographical
Climatic
Sections revised to provide more stringent slope
setback requirements to address the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J109.1 –
J109.3
Geological
Topographical
Climatic
Sections revised to provide more stringent drainage
and terracing requirements to address the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J109.5 Geological Subsection added to provide for adequate outlet of 65320.00001\40834514.2
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Topographical
Climatic
drainage flows due to the diverse set of soil types,
climates, and geologic conditions that exist in the
greater Los Angeles County/Long Beach region.
J110.1 -
J110.8.5
Geological
Topographical
Climatic
Sections revised or added to provide for State
requirements of storm water pollution prevention and
more stringent slope planting, and slope stability
requirements to control erosion due to the complex and
diverse set of soil types, climates, and geologic
conditions that exist in the greater Los Angeles
County/Long Beach region.
J111 Geological
Topographical
Climatic
Section revised to reference additional standards for
soils testing due to the complex and diverse set of soil types, climates, and geologic conditions that exist in the greater Los Angeles County/Long Beach region.
Appendix P
P101.1,
P102.1,
P103.1,
P103.4,
P107.1
Administrative,
Voluntary
appendix,
Geological
Topographical
Climatic
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, local emergency or state of emergency. The modifications to this appendix
are administrative in nature, to provide clarification of various provisions of the language of this voluntary
Appendix.
P106.1 Climatic 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.
P110.1.1,
P110.1.2
Administrative These sections are 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.
P110.3 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.
Electrical Code
Electrical Code Amendments
65320.00001\40834514.2
Ordinance No. 2022-605
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CODE
SECTION
CONDITION EXPLANATION
220.41 Climatic The County of Los Angeles is a densely populated area with varying and occasionally immoderate temperatures
and weather conditions. This creates the need for
highly efficient buildings to reduce demand on the
electrical grid and, in turn, reduce the use of fossil fuels and improve air quality. The proposed amendment will
provide a cost-effective means for homeowners to
increase energy savings and reduce the demand on the
electrical grid by requiring the installation of an energy storage system for current or future use, with minimal
need for additional construction and modification of the existing electrical system.
Mechanical Code
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.
Plumbing Code
Plumbing Code Amendments
CODE
SECTION
CONDITION EXPLANATION
304.1 Geological
Topographical
The County of Los Angeles is a densely populated area
with buildings constructed within a region where water
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Climatic 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.
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.
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.
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.
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.
H 301.1 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 401.3 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
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H 601.5 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 601.8 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 701.2 Geological
Topographical
To establish more restrictive requirements for protection of local groundwater due to local soil conditions.
H 1001.1 Geological
Topographical
To establish more restrictive requirements to prevent
earth movement based on local soil and seismic
conditions.
H 1101.6 Geological To establish more restrictive requirements to prevent earth movement based on local soil and seismic
conditions.
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.
Residential Code
Residential Code Amendments
CODE
SECTION
CONDITION EXPLANATION
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 65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
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.
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
65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
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.
Table
R302.1(2)
Geological 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 Geological 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.
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.
65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
R337.5.2 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.
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
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
65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
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.
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.
R602.3.2 Geological Los Angeles County is prone to seismic activity due to 65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
Table
R602.3.2
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.
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 65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
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.
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 SDPWS2015.
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 65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
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.
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.
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
65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
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.
Existing Building Code
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.
302.7 Geologic The greater Los Angeles/Long Beach region is a 65320.00001\40834514.2
Ordinance No. 2022-605
November 15, 2022
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 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. Due to these factors, the County requires a licensed architect or
engineer stamp and approval of the construction
documents.
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MEETING
STAFF REPORT
Agenda Item #B2
DATE: December 13, 2022
TO: Honorable Chair and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
RECOMMENDATION:
RECOMMENDATION TO ADOPT URGENCY ZONING ORDINANCE AMENDMENT 2022-606 AND HOLD A PUBLIC HEARING AND FIRST READING OF ZONING ORDINANCE AMENDMENT 2022-607, AMENDING TITLE 18 (ZONING), CHAPTER
18.90 (SUPPLEMENTAL REGULATIONS), SECTION 18.90.080 (ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF THE
HAWAIIAN GARDENS MUNICIPAL CODE REGARDING ADUS AND JADUS AND
DETERMINING THE PROJECT IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 21080.17 OF THE CALIFORNIA PUBLIC RESOURCES CODE.
SUMMARY
The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.
Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
Agenda Item #B2
December 13, 2022
The attached proposed Ordinance and urgency Ordinance includes changes to the Hawaiian Gardens Municipal Code section 18.90.080 substantially in the form attached.
BACKGROUND
In 2019, the California Legislature approved, and the Governor signed into law a number of bills (“2019 ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and Junior ADUs (JADUs).
In September of 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (AB 3182). AB 3182, among other things, amended Government Code section 65852.2 to: (1) expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and (2) clarify the timeline under which the City must act on a complete ADU application. Failure to comply with Government Code section 65852.2 (as amended) renders the City’s ordinance regulating ADUs and JADUs null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs.
Approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and safety in the City. To avoid such a scenario, the proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with AB 3182 and provide, to some degree, local requirements geared toward mitigating these negative impacts.
On July 20, 2022, the Planning Commission recommended that the City Council hold a public hearing to recommend City Council approval of Zone Text Amendment, 2022-08, amending Section 18.90.080 of the Hawaiian Gardens Municipal Code (HGMC). The City Council held a Public Hearing and first reading of Zoning Ordinance Amendment (ZOA) 2022-08 on September 13, 2022. The second hearing was held on September 27, 2022 and the Ordinance became effective on October 27, 2022. That ordinance but now be amended once again to comply with updated State law.
DISCUSSION/ANALYSIS
The Governor signed new legislation that goes into effect on January 1, 2023 regarding JADUs and ADUs, AB 2221 and SB 897. The law incorporates new requirements for height limitations, front yard setbacks, adjustments to application review procedures and restrictions on denials, as well as an expansion of where JADUs can be built. The Agenda Item #B2
December 13, 2022
following changes were made to the JADU/ADU law and are incorporated into the proposed ZOA.
• Local agencies must allow ADUs taller than 16 feet in the following circumstances:
o If it is located within a half-mile of a major transit stop or high-quality transit corridor;
o A detached ADU that is on a lot with a single family or multifamily dwelling may be up to 18 feet in height by right and may be up to two feet taller (for a maximum of 20 feet) if necessary to match roof pitch to that of the main house; o If a detached ADU is on a lot with a multistory dwelling, the ADU may be up to 18 feet in height by right, regardless of how close it is to transit; o An attached ADU may be up to 25 feet high or as high as a primary dwelling may be under the underlying zoning, whichever is lower; • Front setbacks must yield to the extend necessary to allow for an 800 SF ADU with four-foot side and rear yard setbacks;
• If a City denies an ADU, it must provide the City will a full set of comments listing the specific items that are “defective or deficient”. Additionally, the application must describe “how the application can be remedied” by the applicant. • If a detached garage is being demolished to be replaced with an ADU, a demolition permit must be issued at the same time as an ADU permit. • An ADU application cannot be denied because corrections are required. • Textual amendment to point out that “enclosed uses within a residence, such are attached garages, are considered part of the proposed or existing single-family residence”.
• Inserting definition of “objective” to mean that it is a standard that involves “no personal or subjective judgement by a public official”
At its November 16, 2022 Planning Commission meeting, the Commissioners adopted Resolution No. 2022-011, recommending that the City Council approve Zone Text Amendment 2022-606 and 2022-607.
The new State laws continues to severely limit restrictions that the City can impose on ADUs and JADUs.
An identical urgency ordinance pursuant to Government Code 36937 (b) is also before the City Council. Because the timeline for adoption (two readings) and then the effective date of a regularly adopted ordinance would extend past January 1, 2023, an urgency ordinance is required so that the same ADU and JADU standards would apply during the time between January 1, 2023 and when the new ordinance goes into effect.
ENVIRONMENTAL ANALYSIS
Agenda Item #B2
December 13, 2022
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
GENERAL PLAN CONSISTENCY
The proposed text amendment has been evaluated for consistency with the City’s General Plan and is consistent with the following:
• Preserve and enhance the community’s quality of life by fostering safe and appealing neighborhoods;
• Provide a variety of housing options;
• Promote safe, walkable neighborhoods; and
• Ensure compatibility between residential and nonresidential land uses to create harmonious living environments.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve Recommendation.
ATTACHMENTS
A. Ordinance No. 2022-606
B. Ordinance No. 2022-607
Ordinance No. 2022-606
December 13, 2022
ORDINANCE NO. 2022-606
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
HAWAIIAN GARDENS, AMENDING TITLE 18 (ZONING),
CHAPTER 18.90 (SUPPLEMENTAL REGULATIONS),
SECTION 18.90.080 (ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS) OF THE
HAWAIIAN GARDENS MUNICIPAL CODE REGARDING
ADUs AND JADUs AND DETERMINING THE PROJECT
IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT(CEQA) PURSUANT
TO SECTION 21080.17 OF THE CALIFORNIA PUBLIC
RESOURCES CODE
WHEREAS, the City of Hawaiian Gardens (“City”) is a California general law city, constitutionally vested with the power to make and enforce local laws and ordinances necessary to protect the general health, safety, and welfare of its residents, including comprehensive zoning and land use regulations, to the extent such regulations are not preempted by the State’s general laws;
WHEREAS, the City Council has received a Draft Zoning Code Text Amendment, a request to amend Title 18 of the Hawaiian Gardens Municipal Code (HGMC), Section
18.90.08 (Accessory Dwelling Unit) and other applicable sections of the Zoning Code of the Hawaiian Gardens Municipal (HGMC) to conform the Zoning Code with State Law; WHEREAS, in 2017, 2018, and 2019, the State of California has amended Government Code Sections 65852.2 and 65852.22 to include additional regulations pertaining to the development of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”);
WHEREAS, in 2020, the California Legislature approved and the Governor signed into law, Assembly Bill 3182 (AB 3182). AB 3182, among other things, amended Government Code section 65852.2 to: (1) expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and (2) clarify the timeline under which the City must act on a complete ADU application;
WHEREAS, in 2022, the California Legislature approved and the Governor signed into law, AB 2221 and SB 897. The law incorporates new requirements for height limitations, front yard setbacks, adjustments to application review procedures and restrictions on denials, as well as an expansion of where JADUs can be built.
WHEREAS, The Planning Commission held a duly noticed public hearing on November 16, 2022 to consider a text amendment to Municipal Code Section 18.90.080 of the Hawaiian Gardens Municipal Code, as described in the proposed ordinance attached as Exhibit A; WHEREAS, City staff has evaluated all information, including the study and analysis of the State’s ADU regulations, technical analyses of development standards and development Ordinance No. 2022-606
December 13, 2022
review processes concerning ADUs, building safety and fire standards, proportional impact fees, location limitations, as well as recent ordinances adopted by other similarly situated California cities to assess “best practice” standards that may be relevant and applicable in the City;
WHEREAS, Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES ORDAIN AS FOLLOWS:
SECTION. 1. INCORPORATION OF RECITALS. The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. MUNICIPAL CODE AMENDMENTS. Existing Section 18.90.080 (Accessory Dwelling Units) is repealed in its entirety and replaced as shown on Exhibit A to this Ordinance.
SECTION 3. CEQA COMPLIANCE. The City Council hereby finds that this ordinance implements the provisions of Government Code Section 65852.22 and is thus exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code section 21080.1.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law. This Ordinance shall take effect immediately upon its adoption and shall go into effect immediately. (continued on next page)
Ordinance No. 2022-606
December 13, 2022
APPROVED AND ADOPTED, this December 13, 2022, by the City Council for the City of Hawaiian Gardens, as follows:
/S/
Luis Roa, Mayor
ATTEST:
/S/
Pablo Rubio, CMC
City Clerk
Ordinance No. 2022-606
December 13, 2022
EXHIBIT A
Exhibit A
18.90.080 Accessory dwelling units and junior accessory dwelling units.
A. General.
1. Purpose. The purpose of this section is to allow for the creation, through a ministerial process, of accessory dwelling units and junior accessory dwelling units in accordance with California Government Code sections 65852.2 and 65852.22. Facilitating the development of accessory dwelling units and junior accessory dwelling units will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community. This section prescribes standards to minimize adverse impacts on the public health, safety, and general welfare associated with the establishment of accessory dwelling units and junior accessory dwelling units.
2. Applicability.
a. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit and junior accessory dwelling unit approved under this section shall comply with the requirements of this section and of the City's Building Code. b. An existing residential unit may be designated as an accessory dwelling unit, but not as a junior accessory dwelling unit, at the time that a new primary dwelling is proposed for construction, provided the existing residential unit conforms to all the standards under this section. A junior accessory dwelling unit may be designated as part of the construction of and within a new primary dwelling.
3. Ministerial action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit under this section is a ministerial action not subject to discretionary review. Such action shall be taken within 60 days of the City receiving a complete application for an accessory dwelling unit permit, as provided on forms established by the Community Development Director and subject to a fee as authorized by City Council resolution.
4. Deemed consistent with density, general plan, and zoning. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use consistent with the City of Hawaiian Gardens General Plan and zoning designation for the lot.
5. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
B. Definitions. For purposes of this section:
Accessory dwelling unit or ADU means attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as defined in Section 18007 of the Health and Safety Code. Also includes multiple accessory dwelling units within portions of existing multifamily structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with building standards for dwellings.
Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
Exhibit A
Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
Efficiency Kitchen. means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
Junior accessory dwelling unit or JADU means a residential that satisfies all of the following: (i) it is no more than 500 square feet in size; (ii) it is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); (iii) it includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure (iv) if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and (v) it includes an efficiency kitchen.
Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Approvals. The following approvals apply to ADUs and JADUS under this section:.
1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (D) below, it is allowed with only a building permit in the following scenarios; (a) Converted on Single-Family Lot: One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22. (b) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (C)(1)(a) above ), if the detached ADU satisfies each of the following limitations:
Exhibit A
(i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (D)(2) below.
(c) Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (C)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(d) Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in subsection (D)(2) below.
2. ADU Permit
(a) Except as allowed under subsection (C)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (D) and (E) below. (b) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
3. Process and Timing.
(a) An ADU permit is considered and approved ministerially, without discretionary review or a hearing. (b) The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not act upon the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (c) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(3)(b) above.
(d) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
Exhibit A
D. Standards applicable to all accessory dwelling units and junior accessory dwelling units. The following requirements apply to all ADUs and JADUs that are approved under subsections (C)(1) or (C)(2) above:
1. Zoning.
(a) An ADU or JADU subject only to a building permit under subsection (C)(1) above may be created on a lot in a residential or mixed-use zone.
(b) An ADU or JADU subject to an ADU permit under subsection (C)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2. Height
(a) Except as otherwise provided by subsections (D)(2)(b) and (D)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height
(b) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(c) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. (d) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection (D)(2)(d) may not exceed two stories. (e) For purposes of this subsection (D)(2), height is measured above existing legal grade to the peak of the structure.
2. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
4. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
5. Owner Occupancy.
(a) An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
(b) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. (c) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection(D)(5)(c) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
Exhibit A
6.Deed Restriction. Prior to the issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Department to the City’s satisfaction. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that, among other things:
(a) Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
(b) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. (c) The ADU or JADU cannot be rented out for a term less than 30 days. (d) The deed restriction runs with the land and may be enforced against future property owners. (d) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal(s) may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(e) The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restriction(s) or abatement of the illegal unit.
7. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
(a) With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU. (b) Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.
8. Notice of Construction.
(a) At least ten business days before starting any construction of an ADU or JADU, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction-related complaints), and (v) Contact information for the Building & Safety Department.
Exhibit A
(b) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
9. Building and Safety.
(a) All ADUs and JADUs must comply with all local building code requirements. (b) Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (D)(9)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section
E. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (C)(2) above.
1. Maximum Size.
(a) The maximum size of a detached or attached ADU subject to this subsection (E) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. (b) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling (c) Application of other development standards in this subsection (E), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (E)(1)(b) above or of an FAR or lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet
2. Floor Area Ratio. No ADU subject to this subsection (E) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (E)(1)(c) above.
3. Setbacks
(a) An ADU that is subject to this subsection must conform to a 20 foot front-yard setback, subject to subsection (E)(1)(c) above.
(b) An ADU that is subject to this subsection (E) must conform to 4 foot side- and rear-yard setbacks. (c) No setback is required for an ADU that is subject to this subsection (E) if the ADU is constructed in the same location and to the same dimensions as an existing structure. (d) If new construction is an addition to an existing structure, only the addition must comply with the 4 foot side or rear setback.
4. Lot Coverage. No ADU subject to this subsection (E) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (E)(1)(c) above.
5. Minimum Open Space. No ADU subject to this subsection (E) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection (E)(1)(c) above.
6. Passageway. No passageway, as defined above is required for an ADU.
7. Parking.
(a) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined above.
Exhibit A
(b) Exceptions. No parking under subsection (E)(7)(a) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined above. (ii) The ADU is located within an architecturally and historically significant historic district. (iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (C)(1)(a) above.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU. (v) When there is an established car share vehicle stop located within one block of the ADU. (v)(i) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (E)(7)(b)(i) through (v) above. (c) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
9. Architectural Requirements
(a) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. (b) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. (c) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(d) The ADU must have an independent exterior entrance, apart from that of the primary dwelling. (e) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
(f) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property.
Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (g) All windows and doors in an ADU that are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
10. Historical Protections. An ADU that is within 600 feet of real property that is listed in the California Register of Historic Resources must do both of the following:
(a) Comply with the Secretary of the Interior’s objective Standards for Preservation, Rehabilitation, Restoration, or Reconstruction for the Treatment of Historic Properties, as applicable. (b) Be located so as to not be visible from any public right-of-way.
F. Fees. The following requirements apply to all ADUs that are approved under subsections (C)(1) or (C)(2) above.
1. Impact Fees
(a) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (F)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(b) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the Exhibit A
ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
2. Utility Fees
(a) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(b) Except as described in subsection (F)(2)(a), converted ADUs on a single-family lot that are created under subsection (C)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. (c) Except as described in subsection (F)(2)(a), all ADUs that are not covered by subsection (F)(2)(b) require a new, separate utility connection directly between the ADU and the utility. (i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. (ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
G. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
1. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2. Unpermitted ADUs constructed before 2018
(a) As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violate applicable building standards, or
(ii) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this section 18.90.080.
(b) Exceptions:
(i) Notwithstanding subsection (G)(2)(a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(ii) Notwithstanding subsection (G)(2)(a) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (A) through (G) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.
Ordinance No. 2022-607
December 13, 2022
ORDINANCE NO. 2022-607
AN ORDINANCE OF THE CITY COUNCIL OF HAWAIIAN
GARDENS, AMENDING TITLE 18 (ZONING), CHAPTER
18.90 (SUPPLEMENTAL REGULATIONS), SECTION
18.90.080 (ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS) OF THE
HAWAIIAN GARDENS MUNICIPAL CODE REGARDING
ADUs AND JADUs AND DETERMINING THE PROJECT
IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT(CEQA) PURSUANT
TO SECTION 21080.17 OF THE CALIFORNIA PUBLIC
RESOURCES CODE
WHEREAS, the City of Hawaiian Gardens (“City”) is a California general law city, constitutionally vested with the power to make and enforce local laws and ordinances necessary to protect the general health, safety, and welfare of its residents, including comprehensive zoning and land use regulations, to the extent such regulations are not preempted by the State’s general laws;
WHEREAS, the City Council has received a Draft Zoning Code Text Amendment, a request to amend Title 18 of the Hawaiian Gardens Municipal Code (HGMC), Section
18.90.08 (Accessory Dwelling Unit) and other applicable sections of the Zoning Code of the Hawaiian Gardens Municipal (HGMC) to conform the Zoning Code with State Law; WHEREAS, in 2017, 2018, and 2019, the State of California has amended Government Code Sections 65852.2 and 65852.22 to include additional regulations pertaining to the development of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”);
WHEREAS, in 2020, the California Legislature approved and the Governor signed into law, Assembly Bill 3182 (AB 3182). AB 3182, among other things, amended Government Code section 65852.2 to: (1) expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and (2) clarify the timeline under which the City must act on a complete ADU application;
WHEREAS, in 2022, the California Legislature approved and the Governor signed into law, AB 2221 and SB 897. The law incorporates new requirements for height limitations, front yard setbacks, adjustments to application review procedures and restrictions on denials, as well as an expansion of where JADUs can be built.
WHEREAS, The Planning Commission held a duly noticed public hearing on November 16, 2022 to consider a text amendment to Municipal Code Section 18.90.080 of the Hawaiian Gardens Municipal Code, as described in the proposed ordinance attached as Exhibit A; WHEREAS, City staff has evaluated all information, including the study and analysis of the State’s ADU regulations, technical analyses of development standards and development Ordinance No. 2022-607
December 13, 2022
review processes concerning ADUs, building safety and fire standards, proportional impact fees, location limitations, as well as recent ordinances adopted by other similarly situated California cities to assess “best practice” standards that may be relevant and applicable in the City;
WHEREAS, Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS DOES ORDAIN AS FOLLOWS:
SECTION. 1. INCORPORATION OF RECITALS. The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. MUNICIPAL CODE AMENDMENTS. Existing Section 18.90.080 (Accessory Dwelling Units) is repealed in its entirety and replaced as shown on Exhibit A to this Ordinance.
SECTION 3. CEQA COMPLIANCE. The City Council hereby finds that this ordinance implements the provisions of Government Code Section 65852.22 and is thus exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code section 21080.1.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law. This Ordinance shall take effect immediately upon its adoption and shall go into effect immediately. (continued on next page)
Ordinance No. 2022-607
December 13, 2022
APPROVED AND ADOPTED, this December 13, 2022, by the City Council for the City of Hawaiian Gardens, as follows:
/S/
Luis Roa, Mayor
ATTEST:
/S/
Pablo Rubio, CMC
City Clerk
Ordinance No. 2022-607
December 13, 2022
EXHIBIT A
Exhibit A
18.90.080 Accessory dwelling units and junior accessory dwelling units.
A. General.
1. Purpose. The purpose of this section is to allow for the creation, through a ministerial process, of accessory dwelling units and junior accessory dwelling units in accordance with California Government Code sections 65852.2 and 65852.22. Facilitating the development of accessory dwelling units and junior accessory dwelling units will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community. This section prescribes standards to minimize adverse impacts on the public health, safety, and general welfare associated with the establishment of accessory dwelling units and junior accessory dwelling units.
2. Applicability.
a. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit and junior accessory dwelling unit approved under this section shall comply with the requirements of this section and of the City's Building Code. b. An existing residential unit may be designated as an accessory dwelling unit, but not as a junior accessory dwelling unit, at the time that a new primary dwelling is proposed for construction, provided the existing residential unit conforms to all the standards under this section. A junior accessory dwelling unit may be designated as part of the construction of and within a new primary dwelling.
3. Ministerial action. Approval or denial of an accessory dwelling unit or junior accessory dwelling unit under this section is a ministerial action not subject to discretionary review. Such action shall be taken within 60 days of the City receiving a complete application for an accessory dwelling unit permit, as provided on forms established by the Community Development Director and subject to a fee as authorized by City Council resolution.
4. Deemed consistent with density, general plan, and zoning. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use consistent with the City of Hawaiian Gardens General Plan and zoning designation for the lot.
5. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. c. Considered in the application of any local ordinance, policy, or program to limit residential growth.
B. Definitions. For purposes of this section:
Accessory dwelling unit or ADU means attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as defined in Section 18007 of the Health and Safety Code. Also includes multiple accessory dwelling units within portions of existing multifamily structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with building standards for dwellings.
Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.
Exhibit A
Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
Efficiency Kitchen. means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
Junior accessory dwelling unit or JADU means a residential that satisfies all of the following: (i) it is no more than 500 square feet in size; (ii) it is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); (iii) it includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure (iv) if the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and (v) it includes an efficiency kitchen.
Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Approvals. The following approvals apply to ADUs and JADUS under this section:.
1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection (D) below, it is allowed with only a building permit in the following scenarios; (a) Converted on Single-Family Lot: One ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22. (b) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (C)(1)(a) above ), if the detached ADU satisfies each of the following limitations:
Exhibit A
(i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (D)(2) below.
(c) Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (C)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(d) Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in subsection (D)(2) below.
2. ADU Permit
(a) Except as allowed under subsection (C)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (D) and (E) below. (b) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
3. Process and Timing.
(a) An ADU permit is considered and approved ministerially, without discretionary review or a hearing. (b) The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not act upon the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (c) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(3)(b) above.
(d) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
Exhibit A